# 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 flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2020 total allowable catch (TAC) of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.
**DATES:**
Effective September 17, 2020, through December 31, 2020.
**FOR FURTHER INFORMATION CONTACT:**
Steve Whitney, 907-586-7228.
**SUPPLEMENTARY INFORMATION:**
NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (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 2020 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 2,087 metric tons (mt), 5,040 mt, and 16,125 mt as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020). The 2020 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,204 mt, 11,363 mt, and 11,793 mt as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020).
The Coastal Villages Regional Fund has requested that NMFS exchange 125 mt of flathead sole and 175 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 125 mt of flathead sole and 175 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) are further revised as follows:
| Sector | Pacific ocean perch | Eastern | Central | Western | Flathead sole | BSAI | Rock sole | BSAI | Yellowfin sole | BSAI |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| TAC | 10,613 | 8,094 | 10,000 | 19,375 | 46,925 | 151,000 | | | | |
| CDQ | 1,136 | 866 | 1,070 | 1,962 | 4,865 | 16,425 | | | | |
| 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 | 14,414 | 36,060 | 113,403 | | | | |
| Sector | 2020 | 2020 | 2020 | 2021 | 2021 | 2021 |
| --- | --- | --- | --- | --- | --- | --- |
| ABC | 68,134 | 153,300 | 260,918 | 71,079 | 230,700 | 261,497 |
| TAC | 19,375 | 46,925 | 151,000 | 24,000 | 49,000 | 168,900 |
| ABC surplus | 48,759 | 106,375 | 109,918 | 47,079 | 181,700 | 92,597 |
| ABC reserve | 48,759 | 106,375 | 109,918 | 47,079 | 181,700 | 92,597 |
| CDQ ABC reserve | 5,329 | 11,538 | 11,493 | 5,037 | 19,442 | 9,908 |
| Amendment 80 ABC reserve | 43,430 | 94,837 | 98,425 | 42,042 | 162,258 | 82,689 |
**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 Coastal Villages Regional Fund 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 September 4, 2020.
**Authority:**
16 U.S.C. 1801 *et seq.*
Dated: September 15, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.