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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/
Headboat permit pursuant to 635.4.
Classification Pursuant to 5 U.S.C. 553bB, the Assistant Administrator for Fisheries, NOAA AA, finds that providing prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway and any delay in this action would result in overharvest of the quotas for these species and management groups and thus would be inconsistent with fishery management requirements and objectives. The regulations implementing the 2006
Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of availability on the fishing grounds, the migratory nature of the species, and regional variations. NMFS
is not able to give notice sooner nor would sooner notice be practicable given the structure of the regulations, which close the fisheries under specified regulatory criteria or thresholds. Furthermore, closures need to be based on near real-time data to balance fishing opportunities against the management goal of preventing quota overharvests. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if a quota is exceeded, the stock may be negatively affected and fishermen ultimately could experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553d3. This action is required under 635.28b3 and 635.28b4 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202104876 Filed 3421; 4:15 pm
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2102100018 and 2102170141
RTID 0648XA883

Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; opening.
AGENCY:

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota IFQ Program and the Community Development Quota CDQ
Program. The season will open 1200
hours, Alaska local time A.l.t., March 6, 2021, and will close 1200 hours, A.l.t., December 7, 2021. This period is the same as the 2021 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures.
DATES: Effective 1200 hours, A.l.t., March 6, 2021, until 1200 hours, A.l.t., December 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Allyson Olds, 9075867228.
SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific halibut and sablefish with fixed gear in the IFQ
regulatory areas defined in 50 CFR 679.2
has been managed under the IFQ
Program. The IFQ Program is a regulatory regime designed to promote the conservation and management of these fisheries and to further the objectives of the Magnuson-Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act. Persons holding quota share receive an annual allocation of IFQ. Persons receiving an annual allocation of IFQ
are authorized to harvest IFQ species within specified limitations. Further information on the implementation of the IFQ Program, and the rationale supporting it, are contained in the preamble to the final rule implementing SUMMARY:

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the IFQ Program published in the Federal Register, November 9, 1993 58
FR 59375 and subsequent amendments.
This announcement is consistent with 679.23g1, which requires that the directed fishing season for sablefish managed under the IFQ Program be specified by the Administrator, Alaska Region, and announced by publication in the Federal Register. This method of season announcement was selected to facilitate coordination between the sablefish season, chosen by the Administrator, Alaska Region, and the halibut season, adopted by the International Pacific Halibut Commission IPHC. The directed fishing season for sablefish with fixed gear managed under the IFQ Program will open 1200 hours, A.l.t., March 6, 2021, and will close 1200 hours, A.l.t., December 7, 2021. This period runs concurrently with the IFQ season for Pacific halibut announced by the IPHC.
The IFQ and CDQ halibut season will be specified by a separate publication in the Federal Register of annual management measures pursuant to 50
CFR 300.62.
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is required by 50 CFR
part 679, which was issued pursuant to section 304b, and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553bB, 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 delay the opening of the sablefish fishery thereby increasing bycatch and regulatory discards between the sablefish fishery and the halibut fishery, and preventing the accomplishment of the management objective for simultaneous opening of these two fisheries. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 3, 2021.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202104840 Filed 3421; 4:15 pm BILLING CODE 351022P

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