[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40788-40789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16183]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210210-0018]
RTID 0648-XB141


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reapportionment of the 2021 Gulf of Alaska Pacific Halibut Prohibited 
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery 
Categories

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reapportionment.

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SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2021 
Pacific halibut prohibited species catch (PSC) limits for the trawl 
deep-water and shallow-water species fishery categories in the Gulf of 
Alaska. This action is necessary to account for the actual halibut PSC 
use by the trawl deep-water and shallow-water species fishery 
categories from May 15, 2021 through June 30, 2021. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 27, 2021 
through 2400 hours, A.l.t., December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (GOA) exclusive economic zone according to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by 
the North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The final 2021 and 2022 harvest specifications for groundfish in 
the GOA (86 FR 10184, February 19, 2021) apportions the 2021 Pacific 
halibut PSC

[[Page 40789]]

limit for trawl gear in the GOA to two trawl fishery categories: A 
deep-water species fishery and a shallow-water species fishery. The 
halibut PSC limit for these two trawl fishery categories is further 
apportioned by season, including four seasonal apportionments to the 
shallow-water species fishery and four seasonal apportionments to the 
deep-water species fishery. The two fishery categories also are 
apportioned a combined, fifth seasonal halibut PSC limit. Unused 
seasonal apportionments are added to the next season apportionment 
during a fishing year.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. Furthermore, NMFS is required to reapportion the 
halibut PSC limit between the deep-water and shallow-water species 
fisheries after June 30 to account for actual halibut PSC use by each 
fishery category during May 15 through June 30. As of July 23, 2021, 
NMFS has determined that the trawl deep-water and shallow-water 
fisheries used 74 metric tons (mt) and 4 mt of halibut PSC, 
respectively, from May 15 through June 30. Accordingly, pursuant to 
Sec.  679.21(d)(4)(iii)(A) and Sec.  679.21(d)(4)(iii)(D), the Regional 
Administrator is reapportioning the combined first and second seasonal 
apportionments (860 mt) of halibut PSC limit between the trawl deep-
water and shallow-water fishery categories to account for the actual 
PSC use (149 mt) in each fishery from January 1, 2021 through June 30, 
2021. Therefore, Table 15 of the final 2021 and 2022 harvest 
specifications for groundfish in the GOA (86 FR 10184, February 19, 
2021) is revised consistent with this adjustment.


Table 15--Final 2021 and 2022 Apportionment of Pacific Halibut PSC Trawl
Limits Between the Trawl Gear Deep-Water Species Fishery and the Shallow-
                    Water Species Fishery Categories
                       [Values are in metric tons]
------------------------------------------------------------------------
                                     Shallow-   Deep- water
              Season                  water          1          Total
------------------------------------------------------------------------
January 20-April 1...............           71            0           71
April 1-July 1...................            5           73           78
                                  --------------------------------------
    Subtotal, combined first and            76           73          149
     second season limit (January
     20-July 1)..................
July 1-August 1..................          159        1,014        1,173
August 1-October 1...............           53           75          128
                                  --------------------------------------
    Subtotal January 20-October 1          288        1,162        1,450
October 1-December 31 2..........  ...........  ...........          256
                                  --------------------------------------
        Total....................  ...........  ...........        1,706
------------------------------------------------------------------------
1 Vessels participating in cooperatives in the Central GOA Rockfish
  Program will receive 191 mt of the third season (July 1 through
  September 1) deep-water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water
  species fishery categories during the fifth season (October 1 through
  December 31).

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. 
This requirement is impracticable and contrary to the public interest 
as it would prevent NMFS from responding to the most recent fisheries 
data in a timely fashion and would allow for harvests that exceed the 
originally specified apportionment of the halibut PSC limits to the 
deep-water and shallow-water fishery categories. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of July 23, 2021.
    The Assistant Administrator for Fisheries, NOAA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.

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

    Dated: July 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16183 Filed 7-26-21; 4:15 pm]
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