Federal Register - July 29, 2021
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Source: Federal Register
40789
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations limit for trawl gear in the GOA to two trawl fishery categories: A deep-water species fishery and a shallow-water species fishery. The halibut PSC limit for these two trawl fishery categories is further apportioned by season, including four seasonal apportionments to the shallow-water species fishery and four seasonal apportionments to the deep-water species fishery. The two fishery categories also are apportioned a combined, fifth seasonal halibut PSC
limit. Unused seasonal apportionments are added to the next season apportionment during a fishing year.
Regulations at 679.21d4iiiD
require NMFS to combine management
of the available trawl halibut PSC limits in the second season April 1 through July 1 deep-water and shallow-water species fishery categories for use in either fishery from May 15 through June 30 of each year. Furthermore, NMFS is required to reapportion the halibut PSC
limit between the deep-water and shallow-water species fisheries after June 30 to account for actual halibut PSC use by each fishery category during May 15 through June 30. As of July 23, 2021, NMFS has determined that the trawl deep-water and shallow-water fisheries used 74 metric tons mt and 4
mt of halibut PSC, respectively, from
May 15 through June 30. Accordingly, pursuant to 679.21d4iiiA and 679.21d4iiiD, the Regional Administrator is reapportioning the combined first and second seasonal apportionments 860 mt of halibut PSC
limit between the trawl deep-water and shallow-water fishery categories to account for the actual PSC use 149 mt in each fishery from January 1, 2021
through June 30, 2021. Therefore, Table 15 of the final 2021 and 2022 harvest specifications for groundfish in the GOA
86 FR 10184, February 19, 2021 is revised consistent with this adjustment.
TABLE 15FINAL 2021 AND 2022 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR
DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES
Values are in metric tons Shallowwater
Season
Deepwater 1
Total
January 20April 1
April 1July 1
71
5
0
73
71
78
Subtotal, combined first and second season limit January 20July 1
July 1August 1
August 1October 1
76
159
53
73
1,014
75
149
1,173
128
Subtotal January 20October 1
October 1December 31 2
288
1,162
1,450
256
Total
1,706
1 Vessels
participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season July 1 through September 1 deep-water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season October 1 through December 31.
Classification
jbell on DSKJLSW7X2PROD with RULES
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. This requirement is impracticable and contrary to the public
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interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would allow for harvests that exceed the originally specified apportionment of the halibut PSC limits to the deep-water and shallow-water fishery categories.
NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 23, 2021.
The Assistant Administrator for Fisheries, NOAA also finds good cause
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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 26, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
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