Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52419 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022] 

RTID 0648–XB355 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea Subarea 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod, except for the 

Community Development Quota 

program (CDQ), in the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the non-CDQ allocation of the 2021 

Pacific cod total allowable catch (TAC) 

in the Bering Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 17, 2021, 

through 2400 hrs, 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 non-CDQ allocation of the 2021 

Pacific cod TAC in the Bering Sea 

subarea of the BSAI is 99,462 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 

§ 679.20(d)(1)(i), the Administrator, 

Alaska Region, NMFS, has determined 

that the non-CDQ allocation of the 2021 

Pacific cod TAC in the Bering Sea 

subarea of the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,700 mt, and is 

setting aside the remaining 95,762 mt as 

incidental catch in directed fishing for 

other species. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod in the 

Bering Sea subarea of the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 directed fishing 

closure of non-CDQ Pacific cod in the 

Bering Sea subarea 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 September 

15, 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: September 16, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–20419 Filed 9–16–21; 4:45 pm] 

BILLING CODE 3510–22–P 


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