Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2020-10-13 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Rules and Regulations

Rules and Regulations. Temporary rule; reallocation

813 words·~4 min read·/register/2020/10/13/2020-22548·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 200227-0066; RTID 0648-XA553] Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. SUMMARY: NMFS is exchanging unused rock sole Community Development Quota
(CDQ)for yellowfin sole CDQ acceptable biological catch
(ABC)reserves in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2020 total allowable catch
(TAC)of yellowfin sole in the BSAI to be harvested. DATES: Effective October 9, 2020 through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. 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. In the BSAI, the 2020 rock sole and yellowfin sole CDQ reserves are 4,915 metric tons
(mt)and 16,425 mt, respectively, as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020) and as revised (85 FR 61875, October 1, 2020). The 2020 rock sole and yellowfin sole CDQ ABC reserves are 11,538 mt and 11,493 mt, respectively, as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020) and as revised (85 FR 61875, October 1, 2020). The Aleutian Pribilof Island Community Development Association has requested that NMFS exchange 300 mt of rock sole CDQ reserves for 300 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 300 mt of rock sole CDQ reserves for 300 mt of yellowfin sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020 and 85 FR 61875, October 1, 2020) are further revised as follows: Table 11—Final 2020 Community Development Quota
(CDQ)Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole Tacs [Amounts are in metric tons] Sector Pacific ocean perch Eastern Aleutian district Central Aleutian district Western Aleutian district Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI TAC 10,613 8,094 10,000 17,845 46,705 152,800 CDQ 1,136 866 1,070 1,962 4,615 16,725 ICA 100 60 10 3,000 6,000 4,000 BSAI trawl limited access 938 717 178 17,172 Amendment 80 8,440 6,451 8,742 12,884 36,090 114,903 Note: Sector apportionments may not total precisely due to rounding. Table 13—Final 2020 and 2021 ABC Surplus, ABC Reserves, Community Development Quota
(CDQ)ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole [Amounts are in metric tons] Sector 2020 Flathead sole 2020 Rock sole 2020 Yellowfin sole 2021 1 Flathead sole 2021 1 Rock sole 2021 1 Yellowfin sole ABC 68,134 153,300 260,918 71,079 230,700 261,497 TAC 17,845 46,655 152,830 24,000 49,000 168,900 ABC surplus 50,289 106,645 108,088 47,079 181,700 92,597 ABC reserve 50,289 106,645 108,088 47,079 181,700 92,597 CDQ ABC reserve 5,329 11,838 11,193 5,037 19,442 9,908 Amendment 80 ABC reserve 44,960 94,807 96,895 42,042 162,258 82,689 1 The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2020. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), 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 flatfish exchange by the Aleutian Pribilof Island Community Development Association in 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 October 1, 2020. Authority: 16 U.S.C. 1801 *et seq.* Dated: October 7, 2020. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020-22548 Filed 10-9-20; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
  • 50 CFR 679
  • 50 CFR 600
Citation graph
cites case law
Rules and Regulations
Temporary rule; reallocation
Cite50 CFR 679
Cite50 CFR 600
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.