Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations 13493 

not been issued an Atlantic Shark LAP, 

HMS Angling permit, or HMS Charter/ 

Headboat permit pursuant to § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing prior 

notice and public comment for this 

action is impracticable and contrary to 

the public interest because the fishery is 

currently underway and any delay in 

this action would result in overharvest 

of the quotas for these species and 

management groups and thus would be 

inconsistent with fishery management 

requirements and objectives. The 

regulations implementing the 2006 

Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments and fishery 

closures to respond to the unpredictable 

nature of availability on the fishing 

grounds, the migratory nature of the 

species, and regional variations. NMFS 

is not able to give notice sooner nor 

would sooner notice be practicable 

given the structure of the regulations, 

which close the fisheries under 

specified regulatory criteria or 

thresholds. Furthermore, closures need 

to be based on near real-time data to 

balance fishing opportunities against the 

management goal of preventing quota 

overharvests. Similarly, affording prior 

notice and opportunity for public 

comment on this action is contrary to 

the public interest because if a quota is 

exceeded, the stock may be negatively 

affected and fishermen ultimately could 

experience reductions in the available 

quota and a lack of fishing opportunities 

in future seasons. For these reasons, the 

AA also finds good cause to waive the 

30-day delay in effective date pursuant 

to 5 U.S.C. 553(d)(3). This action is 

required under § 635.28(b)(3) and 

§ 635.28(b)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 4, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–04876 Filed 3–4–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018 and 210217–0141] 

RTID 0648–XA883 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish Managed 

Under the Individual Fishing Quota 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; opening. 

SUMMARY: NMFS is opening directed 

fishing for sablefish with fixed gear 

managed under the Individual Fishing 

Quota (IFQ) Program and the 

Community Development Quota (CDQ) 

Program. The season will open 1200 

hours, Alaska local time (A.l.t.), March 

6, 2021, and will close 1200 hours, 

A.l.t., December 7, 2021. This period is 

the same as the 2021 commercial 

halibut fishery opening dates adopted 

by the International Pacific Halibut 

Commission. The IFQ and CDQ halibut 

season is specified by a separate 

publication in the Federal Register of 

annual management measures. 

DATES: Effective 1200 hours, A.l.t., 

March 6, 2021, until 1200 hours, A.l.t., 

December 7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Allyson Olds, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Beginning 

in 1995, fishing for Pacific halibut and 

sablefish with fixed gear in the IFQ 

regulatory areas defined in 50 CFR 679.2 

has been managed under the IFQ 

Program. The IFQ Program is a 

regulatory regime designed to promote 

the conservation and management of 

these fisheries and to further the 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act and the Northern Pacific Halibut 

Act. Persons holding quota share receive 

an annual allocation of IFQ. Persons 

receiving an annual allocation of IFQ 

are authorized to harvest IFQ species 

within specified limitations. Further 

information on the implementation of 

the IFQ Program, and the rationale 

supporting it, are contained in the 

preamble to the final rule implementing 

the IFQ Program published in the 

Federal Register, November 9, 1993 (58 

FR 59375) and subsequent amendments. 

This announcement is consistent with 

§ 679.23(g)(1), which requires that the 

directed fishing season for sablefish 

managed under the IFQ Program be 

specified by the Administrator, Alaska 

Region, and announced by publication 

in the Federal Register. This method of 

season announcement was selected to 

facilitate coordination between the 

sablefish season, chosen by the 

Administrator, Alaska Region, and the 

halibut season, adopted by the 

International Pacific Halibut 

Commission (IPHC). The directed 

fishing season for sablefish with fixed 

gear managed under the IFQ Program 

will open 1200 hours, A.l.t., March 6, 

2021, and will close 1200 hours, A.l.t., 

December 7, 2021. This period runs 

concurrently with the IFQ season for 

Pacific halibut announced by the IPHC. 

The IFQ and CDQ halibut season will be 

specified by a separate publication in 

the Federal Register of annual 

management measures pursuant to 50 

CFR 300.62. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would delay the 

opening of the sablefish fishery thereby 

increasing bycatch and regulatory 

discards between the sablefish fishery 

and the halibut fishery, and preventing 

the accomplishment of the management 

objective for simultaneous opening of 

these two fisheries. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 3, 2021. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 4, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–04840 Filed 3–4–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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