[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Page 42746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16736]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022; RTID 0648-XB273]


Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted 
and Rougheye Rockfish in the Central Aleutian and Western Aleutian 
Districts of the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting retention of blackspotted and rougheye 
rockfish in the Central Aleutian and Western Aleutian districts (CAI/
WAI) of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary because the 2021 blackspotted and rougheye 
rockfish total allowable catch (TAC) in the CAI/WAI of the BSAI has 
been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 2, 
2021, through 2400 hours, A.l.t., December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (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 2021 blackspotted and rougheye rockfish TAC in the CAI/WAI of 
the BSAI is 169 metric tons (mt) as established by the final 2021 and 
2022 harvest specifications for groundfish in the BSAI (86 FR 11449, 
February 25, 2021). In accordance with Sec.  679.20(d)(2), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2021 blackspotted and rougheye rockfish TAC in the 
CAI/WAI of the BSAI has been reached. Therefore, NMFS is requiring that 
blackspotted and rougheye rockfish in the CAI/WAI of the BSAI be 
treated in the same manner as a prohibited species, as described under 
Sec.  679.21(a), for the remainder of the year, except blackspotted and 
rougheye rockfish species in the CAI/WAI caught by catcher vessels 
using hook-and-line, pot, or jig gear as described in Sec.  679.20(j).

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 prevent NMFS from responding to the most recent fisheries 
data in a timely fashion and would delay the prohibited retention of 
blackspotted and rougheye rockfish in the CAI/WAI of the BSAI. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of July 30, 
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: August 2, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16736 Filed 8-2-21; 4:15 pm]
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