# 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:
| Sector | Pacific ocean perch | Eastern | Central | Western | 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 | | | | |
| Sector | 2020 | 2020 | 2020 | 2021 | 2021 | 2021 |
| --- | --- | --- | --- | --- | --- | --- |
| 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 |
**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.