64834 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD376] 

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 Community Development 

Quota (CDQ) for rock sole CDQ 

acceptable biological catch (ABC) 

reserves in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the 2023 total 

allowable catch of rock sole in the 

Bering Sea and Aleutian Islands 

management area to be harvested. 

DATES: Effective November 20, 2023 

through December 31, 2023. 

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 (Magnuson-Stevens 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 2023 flathead and rock sole CDQ 

reserves specified in the BSAI are 3,799 

metric tons (mt) and 7,062 mt as 

established by the final 2023 and 2024 

harvest specifications for groundfish in 

the BSAI (88 FR 14926, March 10, 2023) 

and correction (88 FR 18258, March 28, 

2023). The 2023 flathead sole and rock 

sole CDQ ABC reserves are 3,193 mt and 

5,962 mt as established by the final 2023 

and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) and correction (88 FR 

18258, March 28, 2023). 

The Norton Sound Economic 

Development Corporation has requested 

that NMFS exchange 400 mt of flathead 

sole CDQ reserves for 400 mt of rock 

sole CDQ ABC reserves under 

§ 679.31(d). Therefore, in accordance 

with § 679.31(d), NMFS exchanges 400 

mt of flathead sole CDQ reserves for 400 

mt of rock 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 2023 and 

2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) and correction (88 FR 

18258, March 28, 2023) are further 

revised as follows: 

TABLE 11–FINAL 2023 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 Flathead sole Rock sole Yellowfin sole 

Eastern 

aleutian 

district 

Central 

aleutian 

district 

Western 

aleutian 

district 

BSAI BSAI BSAI 

TAC .......................................................... 8,152 5,648 12,000 35,100 66,400 230,000 

CDQ ......................................................... 872 604 1,284 3,399 7,462 24,610 

ICA ........................................................... 100 60 10 3,000 6,000 4,000 

BSAI trawl limited access ........................ 718 498 214 ........................ ........................ 45,498 

Amendment 80 ......................................... 6,462 4,485 10,492 28,702 52,938 155,892 

Note: Sector apportionments may not total precisely due to rounding. 

TABLE 13—FINAL 2023 AND 2024 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 2023 

Flathead sole 

2023 

Rock sole 

2023 

Yellowfin sole 

2024 1

Flathead sole 

2024 1

Rock sole 

2024 1

Yellowfin sole 

ABC ...................... 65,344 121,719 378,499 66,927 119,969 462,890 

TAC ...................... 35,100 66,400 230,000 35,500 66,000 230,656 

ABC surplus ......... 30,244 55,319 148,499 31,427 53,969 232,234 

ABC reserve ......... 30,244 55,319 148,499 31,427 53,969 232,234 

CDQ ABC reserve 3,593 5,562 15,889 3,363 5,775 24,849 

Amendment 80 

ABC reserve ..... 26,651 49,757 132,610 28,064 48,194 207,385 

1The 2024 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, 2023. 

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 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Rules and Regulations 64835 

and would delay the flatfish exchange 

by the Norton Sound Economic 

Development Corporation 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 

8, 2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). 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: September 15, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–20362 Filed 9–15–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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