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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations
Atlantic highly migratory species in these areas.

2 Within the Madison and Swanson sites and Steamboat Lumps: Fishing is prohibited year-round; possession of Gulf reef fish is prohibited year-round except when such possession is on a vessel that has been issued a valid Federal commercial permit for Gulf reef fish, has an operating satellite-based VMS unit, and is in transit with fishing gear stowed as specified in paragraph a4 of this section; and possession of any non-Gulf reef fish species is prohibited year-round, except for such possession on a vessel in transit with fishing gear stowed as specified in paragraph a4 of this section.
3 Within the Edges during January through April each year, all fishing is prohibited and the possession of any fish species is prohibited, except for such possession on a vessel in transit with fishing gear appropriately stowed as specified in paragraph a4 of this section.

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2102170022; RTID 0648
XB231

Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service NMFS, National Oceanic and
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AGENCY:

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Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting retention of non-Community Development Quota CDQ sablefish by vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area BSAI. This action is necessary because the 2021 non-CDQ
sablefish initial total allowable catch ITAC in the Bering Sea subarea of the BSAI will be reached.
DATES: Effective 1200 hours, Alaska local time A.l.t., July 17, 2021, through 2400 hours, A.l.t., December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 9075867228.
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 2021 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of the BSAI is 1,443 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 679.20d2, the Administrator, Alaska Region, NMFS Regional Administrator, has determined that the 2021 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of the BSAI will soon be reached. Therefore, NMFS is requiring that non-CDQ sablefish caught SUMMARY:

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with vessels using trawl gear in the Bering Sea subarea of the BSAI be treated as prohibited species in accordance with 679.21b.
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 prohibited retention of non-CDQ sablefish by vessels using trawl gear 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 July 15, 2021.
The AA 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: July 16, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
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