40788 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 

DATES: This temporary rule is effective 

from 12:01 a.m., local time, on August 

22, 2021, through September 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Stephenson, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: sarah.stephenson@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The spiny 

lobster fishery of the U.S. Caribbean is 

managed under the Fishery 

Management Plan for Spiny Lobster of 

Puerto Rico and the U.S. Virgin Islands 

(USVI) (Spiny Lobster FMP). The Spiny 

Lobster FMP was prepared by the 

Caribbean Fishery Management Council 

(Council) and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

On June 26, 2020, NMFS published in 

the Federal Register a notice of 

availability for three island-based FMPs 

and requested public comment (85 FR 

38350). On September 21, 2020, the 

Secretary of Commerce approved the 

three island-based FMPs under section 

304(a)(3) of the Magnuson-Stevens Act. 

The three island-based FMPs replace the 

four U.S. Caribbean-wide FMPs, 

including the Spiny Lobster FMP. 

However, NMFS is still developing 

regulations to implement management 

measures for the three island-based 

FMPs. Therefore, this temporary rule 

implements the AM based on the Spiny 

Lobster FMP under regulations located 

at 50 CFR 622.12(a)(3). 

The final rule implementing the 2011 

Caribbean ACL Amendment, which 

included Amendment 5 to the Spiny 

Lobster FMP, among others, established 

an ACL and AM for spiny lobster in 

each island management area in the U.S. 

Caribbean (76 FR 82414, December 30, 

2011). For Puerto Rico, the ACL for 

spiny lobster is 327,920 lb (148,742 kg), 

round weight. In accordance with 

regulations at 50 CFR 622.12(a)(3), if 

NMFS estimates landings have 

exceeded the spiny lobster ACL, based 

on an evaluation of a moving multi-year 

average of landings, NMFS will reduce 

the length of the fishing season for spiny 

lobster by the amount necessary to 

ensure landings do not exceed the ACL. 

If NMFS determines the ACL was 

exceeded because of enhanced data 

collection and monitoring efforts 

instead of an increase in total catch, 

NMFS will not reduce the length of the 

fishing season. 

Based on the most recent available 

landings data from the 2017–2019 

fishing years, NMFS has determined 

that the spiny lobster ACL for Puerto 

Rico was exceeded. In addition, NMFS 

determined that the ACL was exceeded 

because of increased catch and not as a 

result of enhanced data collection and 

monitoring efforts. 

This temporary rule implements an 

AM for spiny lobster to reduce the 

length of the 2021 fishing season to 

ensure that landings do not exceed the 

spiny lobster ACL in the 2021 fishing 

year. Therefore, the spiny lobster fishery 

in the EEZ around Puerto Rico is closed 

from 12:01 a.m., local time, on August 

22, 2021, through September 30, 2021. 

The EEZ around Puerto Rico consists of 

those waters seaward of the 9-nmi (16.7- 

km) boundary around the 

Commonwealth of Puerto Rico. 

During the closure period for spiny 

lobster announced in this temporary 

rule, both the commercial and 

recreational sectors are closed. Spiny 

lobster in or from the EEZ around 

Puerto Rico may not be harvested, 

possessed, purchased, or sold, and the 

bag and possession limits are zero. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.12(a)(3), which was issued pursuant 

to section 304(b) of the MagnusonStevens Act, 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 are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rules 

implementing the ACL and the 

associated AM have already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are also contrary to the public interest 

because of the need to immediately 

implement the closure to protect the 

spiny lobster stock around Puerto Rico. 

The ACL has been exceeded based on an 

evaluation of available landings from 

the 2017–2019 fishing years. Prior 

notice and opportunity for public 

comment would require time and could 

result in additional harvest that could 

negatively affect NMFS’ ability to 

control harvest this fishing year within 

the established ACL. 

For the aforementioned reasons, there 

is good cause to waive the 30-day delay 

in the effectiveness of this action under 

5 U.S.C. 553(d)(3). 

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. 2021–16170 Filed 7–28–21; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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 


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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 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 § 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 § 679.21(d)(4)(iii)(A) and 

§ 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] 

Season Shallowwater 

Deepwater 1 Total 

January 20–April 1 ................................................................................................................................... 71 0 71 

April 1–July 1 ........................................................................................................................................... 5 73 78 

Subtotal, combined first and second season limit (January 20–July 1) .......................................... 76 73 149 

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 

1Vessels 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. 2There 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] 

BILLING CODE 3510–22–P 


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