FR 2021-00110

The recent publication by the National Marine Fisheries Service (NMFS), under the National Oceanic and Atmospheric Administration (NOAA), concerns a temporary rule that mandates the prohibition of directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea and Aleutian Islands. This move is part of a broader effort to ensure that fishing practices are sustainable and adhere to established seasonal limits for Pacific cod in 2021. Specifically, the rule is effective from January 20, 2021, until April 1, 2021.

General Summary

This temporary regulation aims to prevent the overfishing of Pacific cod during the A season by setting a directed fishing allowance of zero metric tons (mt) while allocating 1,928 mt for incidental catch. This decision forms part of ongoing management efforts under U.S. regulations, specifically linked to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands. The regulation acts to safeguard marine resources, ensuring that the cod population remains within sustainable limits to support both ecology and commercial needs in the long term.

Significant Issues and Concerns

The rule's text includes several regulatory references, such as specific sections of the Code of Federal Regulations (50 CFR part 679), that may be challenging for readers who are not familiar with legal or regulatory language. Such complexity can create a barrier to public understanding and engagement. Furthermore, the document does not elaborate on why a directed fishing allowance of 0 mt was precisely chosen, which could lead to confusion or questions about the rationale behind this allocation.

The urgency mentioned in waiving prior notice and public comment stems from receiving pertinent data only shortly before the rule's publication. While this justifies the expedited procedure from a regulatory perspective, stakeholders may remain concerned about the lack of detailed evidence or examples explaining the haste, potentially impacting perceptions of transparency and inclusiveness in decision-making.

Public and Stakeholder Impact

The document's implications on the broader public involve the regulation of fisheries to ensure long-term sustainability. By maintaining control over the quantities fished, such policies help preserve marine ecosystems, benefiting U.S. citizens relying on these resources economically and recreationally.

Specific Stakeholders: The impact on certain stakeholders—particularly those directly involved in the fisheries sector—can vary. For fishermen and businesses engaged in the Pacific cod industry, particularly AFA trawl catcher/processors, this temporary rule represents a constraint on their operational flexibility and potential income. However, it also aligns with maintaining fish stocks at levels that will ensure the longevity and health of the fishery, ultimately benefiting those same stakeholders by securing future harvesting opportunities.

The rule does not provide an explicit analysis of its potential economic impact on local communities relying on fisheries. Therefore, while it aims to promote the long-term health of the fish populations, it may raise concerns among those whose livelihoods are affected in the interim.

Conclusion

Overall, while grounded in legal frameworks designed to ensure sustainable practices, this temporary rule illustrates the complexities and potential trade-offs involved in managing natural resources. It highlights the necessity for clear communication and engagement with affected parties, ensuring any immediate economic impacts are balanced against long-term ecological benefits.