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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
This temporary rule is effective from 12:01 a.m., local time, on August 22, 2021, through September 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Sarah Stephenson, NMFS Southeast Regional Office, telephone: 727824
5305, email: sarah.stephenson@
noaa.gov.
SUPPLEMENTARY INFORMATION: The spiny lobster fishery of the U.S. Caribbean is managed under the Fishery Management Plan for Spiny Lobster of Puerto Rico and the U.S. Virgin Islands USVI Spiny Lobster FMP. The Spiny Lobster FMP was prepared by the Caribbean Fishery Management Council Council and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and Management Act Magnuson-Stevens Act by regulations at 50 CFR part 622.
On June 26, 2020, NMFS published in the Federal Register a notice of availability for three island-based FMPs and requested public comment 85 FR
38350. On September 21, 2020, the Secretary of Commerce approved the three island-based FMPs under section 304a3 of the Magnuson-Stevens Act.
The three island-based FMPs replace the four U.S. Caribbean-wide FMPs, including the Spiny Lobster FMP.
However, NMFS is still developing regulations to implement management measures for the three island-based FMPs. Therefore, this temporary rule implements the AM based on the Spiny Lobster FMP under regulations located at 50 CFR 622.12a3.
The final rule implementing the 2011
Caribbean ACL Amendment, which included Amendment 5 to the Spiny Lobster FMP, among others, established an ACL and AM for spiny lobster in each island management area in the U.S.
Caribbean 76 FR 82414, December 30, 2011. For Puerto Rico, the ACL for spiny lobster is 327,920 lb 148,742 kg, round weight. In accordance with regulations at 50 CFR 622.12a3, if NMFS estimates landings have exceeded the spiny lobster ACL, based on an evaluation of a moving multi-year average of landings, NMFS will reduce the length of the fishing season for spiny lobster by the amount necessary to ensure landings do not exceed the ACL.
If NMFS determines the ACL was exceeded because of enhanced data collection and monitoring efforts instead of an increase in total catch, NMFS will not reduce the length of the fishing season.
Based on the most recent available landings data from the 20172019
fishing years, NMFS has determined that the spiny lobster ACL for Puerto Rico was exceeded. In addition, NMFS

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determined that the ACL was exceeded because of increased catch and not as a result of enhanced data collection and monitoring efforts.
This temporary rule implements an AM for spiny lobster to reduce the length of the 2021 fishing season to ensure that landings do not exceed the spiny lobster ACL in the 2021 fishing year. Therefore, the spiny lobster fishery in the EEZ around Puerto Rico is closed from 12:01 a.m., local time, on August 22, 2021, through September 30, 2021.
The EEZ around Puerto Rico consists of those waters seaward of the 9-nmi 16.7km boundary around the Commonwealth of Puerto Rico.
During the closure period for spiny lobster announced in this temporary rule, both the commercial and recreational sectors are closed. Spiny lobster in or from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is required by 50 CFR
622.12a3, which was issued pursuant to section 304b of the MagnusonStevens Act, 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rules implementing the ACL and the associated AM have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Such procedures are also contrary to the public interest because of the need to immediately implement the closure to protect the spiny lobster stock around Puerto Rico.
The ACL has been exceeded based on an evaluation of available landings from the 20172019 fishing years. Prior notice and opportunity for public comment would require time and could result in additional harvest that could negatively affect NMFS ability to control harvest this fishing year within the established ACL.
For the aforementioned reasons, there is good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553d3.

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Authority: 16 U.S.C. 1801 et seq.

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Dated: July 26, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202116170 Filed 72821; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2102100018
RTID 0648XB141

Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2021 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule;
reapportionment.
AGENCY:

NMFS is reapportioning the seasonal apportionments of the 2021
Pacific halibut prohibited species catch PSC limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2021
through June 30, 2021. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
DATES: Effective 1200 hours, Alaska local time A.l.t., July 27, 2021 through 2400 hours, A.l.t., December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 9075867228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the Gulf of Alaska GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska 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 final 2021 and 2022 harvest specifications for groundfish in the GOA
86 FR 10184, February 19, 2021
apportions the 2021 Pacific halibut PSC
SUMMARY:

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