47240 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

season dates was developed. This action 

should be implemented as soon as 

possible to allow fishery participants to 

take advantage of the additional fishing 

dates prior to the end of the season. As 

the fishery closes on September 30, 

2021, implementing this action through 

proposed and final rulemaking would 

limit the benefit this action would 

provide to fishery participants. Without 

implementation of additional season 

dates, the combined Washington and 

Columbia River subarea allocations 

would not be harvested, limiting 

economic benefits to the participants 

and not meeting the goals of the Catch 

Sharing Plan and the 2021 management 

measures. It is necessary that this 

rulemaking be implemented in a timely 

manner so that planning for these new 

fishing days can take place, and for 

business and personal decision making 

by the regulated public impacted by this 

action, which includes recreational 

charter fishing operations, associated 

port businesses, and private anglers who 

do not live near the coastal access 

points for this fishery, among others. To 

ensure the regulated public is fully 

aware of this action, notice of this 

regulatory action will also be provided 

to anglers through a telephone hotline, 

news release, and by the relevant state 

fish and wildlife agencies. NMFS will 

receive public comments for 15 days 

after publication of this action, in 

accordance with 50 CFR 300.63(c)(4)(ii). 

No aspect of this action is controversial, 

and changes of this nature were 

anticipated in the process described in 

regulations at 50 CFR 300.63(c). 

For the reasons discussed above, there 

is also good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date and make this action 

effective immediately upon filing for 

public inspection, as a delay in 

effectiveness of this action would 

constrain fishing opportunity and be 

inconsistent with the goals of the Catch 

Sharing Plan and current management 

measures, as well as potentially limit 

the economic opportunity intended by 

this rule to the associated fishing 

communities. NMFS regulations allow 

the Regional Administrator to modify 

sport fishing periods, bag limits, size 

limits, days per calendar week, and 

subarea quotas, provided that the action 

allows allocation objectives to be met 

and will not result in exceeding the 

catch limit for the subarea. NMFS 

recently received information on the 

progress of landings in the recreational 

fisheries in Washington subareas, 

indicating additional dates should be 

added to the fishery to ensure optimal 

and sustainable harvest of the quota. As 

stated above, it is in the public interest 

that this action is not delayed, because 

a delay in the effectiveness of these new 

dates would not allow the allocation 

objectives of this fishery to be met. 

Dated: August 19, 2021. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2021–18211 Filed 8–20–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022] 

RTID 0648–XB349 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear and catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

using hook-and-line gear to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2021 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective August 23, 2021, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

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 Pacific cod TAC specified 

for vessels using jig gear in the BSAI is 

1,565 metric tons (mt) as established by 

the final 2021 and 2022 harvest 

specifications for groundfish in the 

BSAI (86 FR 11449, February 25, 2021). 

The 2021 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using hook-andline gear in the BSAI is 222 mt as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021). 

The 2021 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear in 

the BSAI is 2,222 mt as established by 

final 2021 and 2022 harvest 

specifications for groundfish in the 

BSAI (86 FR 11449, February 25, 2021). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,500 mt of the 2021 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(1) and 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using hook-andline gear will not be able to harvest 222 

mt of the 2021 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(3). 

Therefore, in accordance with 

§ 679.20(a)(7)(iv)(C), NMFS apportions 

1,500 mt of Pacific cod from the jig 

vessels to the annual amount specified 

for catcher vessels less than 60 feet (18.3 

m) LOA using hook-and-line or pot gear. 

Also, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

222 mt from the catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using hook-and-line gear to the annual 

amount specified for catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear. 

The harvest specifications for 2021 

Pacific cod included in final 2021 and 

2022 harvest specifications for 

groundfish in the BSAI (86 FR 11449, 

February 25, 2021) is revised as follows: 

65 mt to vessels using jig gear, 0 mt to 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using hook-andline gear, and 3,944 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. 

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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47241 

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 Pacific cod TAC. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 18, 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 18, 2021. 

David R. Blankinship, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–18096 Filed 8–23–21; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1