Federal Register/Vol. 85, No. 123/Thursday, June 25, 2020/Rules
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Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations 38093 that make the area biologically unique. and contrary to the public interest to DEPARTMENT OF COMMERCE It provides important juvenile swordfish provide prior notice of, and an habitat, and is essentially a narrow opportunity for public comment on, this National Oceanic and Atmospheric migratory corridor containing high action for the following reasons: Administration concentrations of swordfish located in Based on recent data for the first semi- close proximity to high concentrations 50 CFR Part 679 annual quota period, NMFS has of people who may fish for them. Public [Docket No. 200604–0152] comment on Amendment 8, including determined that landings have been from the Florida Fish and Wildlife very low through April 30, 2020 (21.9 RIN 0648–BJ35 Conservation Commission, indicated percent of 1,318.8 mt dw quota). concern about the resultant high Adjustment of the retention limits needs Fisheries of the Exclusive Economic potential for the improper rapid growth to be effective on July 1, 2020; otherwise Zone Off Alaska; Modifying Seasonal of a commercial fishery, increased lower, default retention limits will Allocations of Pollock and Pacific Cod catches of undersized swordfish, the apply. Delaying this action for prior for Trawl Catcher Vessels in the potential for larger numbers of notice and public comment would Central and Western Gulf of Alaska fishermen in the area, and the potential unnecessarily limit opportunities to AGENCY: National Marine Fisheries for crowding of fishermen, which could harvest available directed swordfish Service (NMFS), National Oceanic and lead to gear and user conflicts. These quota, which may have negative social Atmospheric Administration (NOAA), concerns remain valid. NMFS will and economic impacts for U.S. Commerce. continue to collect information to fishermen. If this action is delayed, ACTION: Final rule. evaluate the appropriateness of the some fishermen may not benefit from retention limit in the Florida Swordfish the adjustment at all, given a short SUMMARY: NMFS issues a final rule to Management Area and other regional period of access to the fishery due to implement Amendment 109 to the retention limits. This action therefore seasonal fish migration. This action Fishery Management Plan for maintains a zero-fish retention limit in does not raise conservation and Groundfish of the Gulf of Alaska (GOA the Florida Swordfish Management management concerns. Adjusting FMP) and a regulatory amendment to Area. The directed swordfish quota has not retention limits does not affect the the regulations governing pollock been harvested for several years and, overall, North Atlantic swordfish U.S. fishing in the Gulf of Alaska. This final based upon current landing trends, is quota, and available data show the rule reduces operational and not likely to be harvested or exceeded adjustment would have a minimal risk management inefficiencies in the during 2020. This information indicates of exceeding the ICCAT-allocated quota. Central Gulf of Alaska and Western Gulf that sufficient directed swordfish quota NMFS notes that the public had an of Alaska trawl catcher vessel pollock should be available from July 1 through opportunity to comment on the and Pacific cod fisheries by reducing December 31, 2020, at the higher underlying rulemakings that established regulatory time gaps between the retention levels, within the limits of the the U.S. swordfish quota and retention pollock seasons, and changing Gulf of scientifically-supported TAC and limit adjustment criteria. Therefore, the Alaska Pacific cod seasonal consistent with the goals of the 2006 AA finds good cause under 5 U.S.C. apportionments to allow greater harvest Consolidated Atlantic HMS FMP as 553(b)(B) to waive prior notice and the opportunities earlier in the year. This amended, ATCA, and the Magnuson- opportunity for public comment. For all action is intended to promote the goals and objectives of the Magnuson-Stevens Stevens Act, and are not expected to of the above reasons, there is also good Fishery Conservation and Management negatively impact stock health. cause under 5 U.S.C. 553(d) to waive the Act (Magnuson-Stevens Act), the GOA Monitoring and Reporting 30-day delay in effectiveness. FMP, and other applicable laws. NMFS will continue to monitor the This action is being taken under 50 DATES: This rule is effective on January swordfish fishery closely during 2020 CFR 635.24(b)(4) and is exempt from 1, 2021. review under Executive Order 12866. through mandatory landings and catch ADDRESSES: Electronic copies of the reports. Dealers are required to submit Authority: 16 U.S.C. 971 et seq. and 1801 Environmental Assessment and the landing reports and negative reports (if et seq. Regulatory Impact Review (collectively no swordfish were purchased) on a Dated: June 19, 2020. referred to as the ‘‘Analysis’’) and the weekly basis. National Environmental Policy Act He´le`ne M.N. Scalliet, Depending upon the level of fishing (NEPA) Finding of No Significant effort and catch rates of swordfish, Acting Director, Office of Sustainable Impact prepared for this final rule may NMFS may determine that additional Fisheries, National Marine Fisheries Service. be obtained from http:// retention limit adjustments or closures [FR Doc. 2020–13704 Filed 6–24–20; 8:45 am] www.regulations.gov. are necessary to ensure that the BILLING CODE 3510–22–P available quota is not exceeded or to FOR FURTHER INFORMATION CONTACT: enhance fishing opportunities. Joseph Krieger, 907–586–7228 or Subsequent actions, if any, will be [email protected]. published in the Federal Register. In SUPPLEMENTARY INFORMATION: addition, fishermen may access https:// I. Authority for Action www.fisheries.noaa.gov/atlantic-highly- migratory-species/2020-atlantic- NMFS manages the U.S. groundfish swordfish-landings-updates for updates fisheries of the Gulf of Alaska (GOA) on quota monitoring. under the GOA FMP. The North Pacific Fishery Management Council (Council) Classification prepared, and the Secretary of The Assistant Administrator for Commerce (Secretary) approved, the NMFS (AA) finds that it is impracticable GOA FMP under the authority of the VerDate Sep<11>2014 16:57 Jun 24, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1 jbell on DSKJLSW7X2PROD with RULES 38094 Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Rules and Regulations Magnuson-Stevens Act, 16 U.S.C. 1801 II. Background B. Current Seasonal Allocations of et seq. Regulations governing U.S. Pollock and Pacific Cod in the CGOA fisheries and implementing the GOA This final rule modifies the seasonal and WGOA FMP appear at 50 CFR parts 600 and apportionment of pollock and Pacific GOA Pollock 679. The Council is authorized to cod TAC in the CGOA and WGOA. The prepare and recommend a fishery purpose of this action is to reduce The four pollock seasons for the management plan (FMP) amendment for operational and management CGOA and WGOA (management areas the conservation and management of a inefficiencies in the CGOA and WGOA 610, 620, and 630) are currently defined fishery managed under the FMP. NMFS trawl CV pollock and Pacific cod in regulations at § 679.23(d)(2) as conducts rulemaking to implement FMP fisheries by (1) reducing regulatory time follows: amendments and regulatory gaps between the pollock fishery A and A season—From 1200 hours, A.l.t., amendments. FMP amendments and B seasons and the C and D seasons, and January 20 to 1200 hours, A.l.t., regulations developed by the Council (2) changing seasonal Pacific cod March 10 may be implemented by NMFS only apportionments in the GOA to allow B season—From 1200 hours, A.l.t., after approval by the Secretary. greater harvest opportunities earlier in March 10 to 1200 hours, A.l.t., May 31 The Council recommended C season—From 1200 hours, A.l.t., the year. Modifying the seasonal August 25 to 1200 hours, A.l.t., Amendment 109 to the GOA FMP allocations of pollock and Pacific cod (Amendment 109) and a regulatory October 1 could allow the fisheries to more fully D season—From 1200 hours, A.l.t., amendment for pollock fisheries in the harvest the TAC of GOA pollock and October 1 to 1200 hours, A.l.t., GOA. This final rule implements Pacific cod, increase management November 1 Amendment 109 by changing Central flexibility, and potentially decrease Through the annual harvest Gulf of Alaska (CGOA) and Western prohibited species catch (PSC) while not Gulf of Alaska (WGOA) Pacific cod specifications process, NMFS redistributing fishing opportunities seasonal apportionments to increase the establishes pollock TACs for between management areas or harvest trawl catcher vessel (CV) sector’s A management areas 610, 620, and 630 sectors. season total allowable catch (TAC) within the CGOA and the WGOA. These TACs are established in proportion to while proportionally decreasing the III. The Affected Fisheries Participants sector’s B season TAC. This final rule the distribution of the pollock biomass and Current Seasonal Allocations in those areas as determined by the most also implements the Council’s recent NMFS surveys. In addition, the regulatory amendment by combining the A. Affected Fisheries Participants regulations at 50 CFR 679.20(a)(5)(iv)(B) CGOA and WGOA trawl CV pollock The trawl groundfish fisheries in the state that 25 percent of the combined fishery A and B seasons into a single GOA include fisheries for pollock, pollock TAC for the CGOA and WGOA season (redesignated as the A season), sablefish, several rockfish species, is allocated to each of the four seasons. and the C and D seasons into a single The seasonal apportionments are then season (redesignated as the B season), numerous flatfish species, Pacific cod, further apportioned across management and by changing the annual start date of and other groundfish.