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Federal Register/Vol. 85, No. 46/Monday, March 9, 2020/Rules Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations 13553 Atmospheric Administration (NOAA), vessel in Virginia under a safe harbor Alaska local time (A.l.t.), March 9, 2020, Commerce. agreement. Based on the revised through 2400 hours, A.l.t., December 31, ACTION: Notification; quota transfer. summer flounder, scup, and black sea 2021. bass specifications, the summer ADDRESSES: Electronic copies of the SUMMARY: NMFS announces that the flounder quotas for 2020 are now: North Alaska Groundfish Harvest State of North Carolina is transferring a Carolina, 3,154,229 lb (1,430,734 kg); Specifications Final Environmental portion of its 2020 commercial summer and, Virginia, 2,468,098 lb (1,119,510 Impact Statement (EIS), Record of flounder quota to the Commonwealth of kg). Decision (ROD), annual Supplementary Virginia. This quota adjustment is Authority: 16 U.S.C. 1801 et seq. Information Reports (SIRs) to the Final necessary to comply with the Summer EIS, and the Initial Regulatory Dated: March 2, 2020. Flounder, Scup, and Black Sea Bass Flexibility Analysis (IRFA) prepared for Fishery Management Plan quota transfer Karyl K. Brewster-Geisz, this action are available from https:// provisions. This announcement informs Acting Director, Office of Sustainable www.fisheries.noaa.gov/region/alaska. the public of the revised 2020 Fisheries, National Marine Fisheries Service. The 2019 Stock Assessment and Fishery commercial quotas for North Carolina [FR Doc. 2020–04567 Filed 3–6–20; 8:45 am] Evaluation (SAFE) report for the and Virginia. BILLING CODE 3510–22–P groundfish resources of the BSAI, dated DATES: Effective March 6, 2020, through November 2019, as well as the SAFE December 31, 2020. reports for previous years, are available DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: from the North Pacific Fishery Laura Hansen, Fishery Management National Oceanic and Atmospheric Management Council (Council) at 1007 Specialist, (978) 281–9225. Administration West 3rd Ave, Suite #400, Anchorage, SUPPLEMENTARY INFORMATION: AK 99501, phone 907–271–2809, or Regulations governing the summer 50 CFR Part 679 from the Council’s website at https:// flounder fishery are found in 50 CFR www.npfmc.org/. 648.100 through 648.110. These [Docket No. 200227–0066] FOR FURTHER INFORMATION CONTACT: regulations require annual specification RIN 0648–XH080 Steve Whitney, 907–586–7228. of a commercial quota that is SUPPLEMENTARY INFORMATION: Federal apportioned among the coastal states Fisheries of the Exclusive Economic regulations at 50 CFR part 679 from Maine through North Carolina. The Zone Off Alaska; Bering Sea and implement the FMP and govern the process to set the annual commercial Aleutian Islands; Final 2020 and 2021 groundfish fisheries in the BSAI. The quota and the percent allocated to each Harvest Specifications for Groundfish Council prepared the FMP, and NMFS state is described in § 648.102 and final approved it, under the Magnuson- 2020 allocations were published on AGENCY: National Marine Fisheries Stevens Act. General regulations October 9, 2019 (84 FR 54041). Service (NMFS), National Oceanic and governing U.S. fisheries also appear at The final rule implementing Atmospheric Administration (NOAA), 50 CFR part 600. Amendment 5 to the Summer Flounder Commerce. The FMP and its implementing Fishery Management Plan (FMP), as ACTION: Final rule; harvest specifications regulations require NMFS, after published in the Federal Register on and closures. consultation with the Council, to December 17, 1993 (58 FR 65936), specify annually the total allowable provided a mechanism for transferring SUMMARY: NMFS announces final 2020 catch (TAC) for each target species summer flounder commercial quota and 2021 harvest specifications, category. The sum of all TAC for all from one state to another. Two or more apportionments, and prohibited species groundfish species in the BSAI must be states, under mutual agreement and catch allowances for the groundfish within the optimum yield (OY) range of with the concurrence of the NMFS fishery of the Bering Sea and Aleutian 1.4 million to 2.0 million metric tons Greater Atlantic Regional Administrator, Islands management area (BSAI). This (mt) (see § 679.20(a)(1)(i)(A)). This final can transfer or combine summer action is necessary to establish harvest rule specifies the total TAC at 2.0 flounder commercial quota under limits for groundfish during the million mt for both 2020 and 2021. § 648.102(c)(2). The Regional remainder of the 2020 and the start of NMFS also must specify Administrator is required to consider the 2021 fishing years and to apportionments of TAC, prohibited three criteria in the evaluation of accomplish the goals and objectives of species catch (PSC) allowances, and requests for quota transfers or the Fishery Management Plan for prohibited species quota (PSQ) reserves combinations: The transfer or Groundfish of the Bering Sea and established by § 679.21; seasonal combinations would not preclude the Aleutian Islands Management Area allowances of pollock, Pacific cod, and overall annual quota from being fully (FMP). The 2020 harvest specifications Atka mackerel TAC; American Fisheries harvested; the transfer addresses an supersede those previously set in the Act allocations; Amendment 80 unforeseen variation or contingency in final 2019 and 2020 harvest allocations; Community Development the fishery; and, the transfer is specifications, and the 2021 harvest Quota (CDQ) reserve amounts consistent with the objectives of the specifications will be superseded in established by § 679.20(b)(1)(ii); and FMP and the Magnuson-Stevens Act. early 2021 when the final 2021 and acceptable biological catch (ABC) The Regional Administrator has 2022 harvest specifications are surpluses and reserves for CDQ groups determined these three criteria have published. The intended effect of this and the Amendment 80 cooperative for been met for the transfer approved in action is to conserve and manage the flathead sole, rock sole, and yellowfin this notice. groundfish resources in the BSAI in sole. The final harvest specifications set North Carolina is transferring 10,276 accordance with the Magnuson-Stevens forth in Tables 1 through 22 of this (4,661 kg) of summer flounder Fishery Conservation and Management action satisfy these requirements. commercial quota to Virginia. This Act (Magnuson-Stevens Act). Section 679.20(c)(3)(i) further requires transfer was requested to repay landings DATES: Harvest specifications and that NMFS consider public comment on made by a North Carolina-permitted closures are effective from 1200 hours, the proposed harvest specifications and, VerDate Sep<11>2014 16:34 Mar 06, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM 09MRR1 jbell on DSKJLSW7X2PROD with RULES 13554 Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations after consultation with the Council, in the notice of proposed harvest sets an OFL, ABC, and TAC for sculpins publish final harvest specifications in specifications. From the data and in the BSAI groundfish harvest the Federal Register. The proposed analyses in the SAFE report, the Plan specifications. Under the Council’s 2020 and 2021 harvest specifications for Team recommended an OFL and ABC recommended action, OFL, ABC, and the groundfish fishery of the BSAI were for each species or species group at the TAC specifications for sculpins would published in the Federal Register on November 2019 Plan Team meeting. no longer be required. NMFS intends to December 3, 2019 (84 FR 66129). In December 2019, the SSC, AP, and develop rulemaking to implement the Comments were invited and accepted Council reviewed the Plan Team’s Council’s recommendation for sculpins. through January 2, 2020. As discussed recommendations. The final TAC Such rulemaking would prohibit in the Response to Comments section recommendations were based on the directed fishing for sculpins, maintain below, NMFS received one comment ABCs as adjusted for other biological recordkeeping and reporting letter during the public comment period and socioeconomic considerations, requirements, and establish a sculpin for the proposed BSAI groundfish including maintaining the sum of all the maximum retainable amount at 20 harvest specifications. No changes were TACs within the required OY range of percent when directed fishing for made to the final rule in response to the 1.4 million to 2.0 million mt. As groundfish species to discourage comment letter received. required by annual catch limit rules for sculpin retention, while allowing NMFS consulted with the Council on all fisheries (74 FR 3178, January 16, flexibility to prosecute groundfish the final 2020 and 2021 harvest 2009), none of the Council’s fisheries. Further details (and public specifications during the December recommended 2020 or 2021 TACs comment on the sculpin action) will be 2019 Council meeting in Anchorage, exceed the final 2020 or 2021 ABCs for available on publication of the proposed AK. After considering public comments, any species or species group. NMFS rule to reclassify sculpins as an as well as biological and socioeconomic finds that the Council’s recommended ecosystem component species in the data that were available at the Council’s OFLs, ABCs, and TACs are consistent FMP. If the FMP amendment and its December meeting, NMFS implements with the preferred harvest strategy and implementing regulations are approved in this final rule the final 2020 and 2021 the biological condition of groundfish by the Secretary of Commerce, the harvest specifications as recommended stocks as described in the 2019 SAFE action is anticipated to be effective in by the Council. report that was approved by the 2021. Until effective, NMFS will ABC and TAC Harvest Specifications Council. Therefore, this final rule continue to publish OFLs, ABCs, and provides notice that the Secretary of TACs for sculpins in the BSAI The final ABC amounts for Alaska Commerce approves the final 2020 and groundfish harvest specifications. groundfish are based on the best 2021 harvest specifications as available biological and socioeconomic Final Rulemaking To Prohibit Directed recommended by the Council.
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