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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2102170022
RTID 0648XB355

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; closure.
AGENCY:

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.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Krista Milani, 9075812062.
NMFS
manages the groundfish fishery in the BSAI according to the Fishery
lotter on DSK11XQN23PROD with RULES1

SUPPLEMENTARY INFORMATION:

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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 679.20d1i, 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 679.20d1iii, 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 679.20e and f apply at any time during a trip.

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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 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. 553d3. 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. 202120419 Filed 91621; 4:45 pm BILLING CODE 351022P

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