[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66296-66297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21051]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD358]


Fisheries of the Exclusive Economic Zone Off Alaska; Several 
Groundfish Species 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; apportionment of reserves; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean 
perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, BSAI 
northern rockfish, BSAI sharks, and Central Aleutian Islands and 
Western Aleutian Islands (CAI/WAI) blackspotted/rougheye rockfish. This 
action is necessary to allow the fisheries to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI management area.

DATES: Effective September 26, 2023, through 2400 hours, Alaska local 
time, December 31, 2023. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, October 11, 2023.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2022-0094, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0094 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the BSAI 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.

[[Page 66297]]

    The 2023 ITAC of BS Pacific ocean perch was established as 10,118 
metric tons (mt), the 2023 ITAC of BSAI Kamchatka flounder was 
established as 6,442 mt, the 2023 ITAC of BSAI northern rockfish was 
established as 9,350 mt, the 2023 ITAC of BSAI sharks was established 
as 213 mt, and the 2023 ITAC of CAI/WAI blackspotted/rougheye rockfish 
was established as 141 mt by the final 2023 and 2024 harvest 
specifications for groundfish of the BSAI (88 FR 14926, March 10, 2023) 
and correction (88 FR 18258, March 28, 2023). In accordance with Sec.  
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has 
reviewed the most current available data and finds that the ITACs for 
BS Pacific ocean perch, BSAI Kamchatka flounder, BSAI northern 
rockfish, BSAI sharks, and CAI/WAI blackspotted/rougheye rockfish need 
to be supplemented from the non-specified reserve to promote efficiency 
in the utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish to ITACs in the BSAI 
management area as follows: 1,785 mt to BS Pacific ocean perch, 1,137 
mt to BSAI Kamchatka flounder, 1,650 mt to BSAI northern rockfish, 120 
mt to BSAI sharks, and 25 mt to CAI/WAI blackspotted/rougheye rockfish. 
These apportionments are consistent with Sec.  679.20(b)(1)(i) and do 
not result in overfishing of any target species because the revised 
ITACs and total allowable catches (TACs) are equal to or less than the 
specifications of the acceptable biological catch in 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 harvest specification for the 2023 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows 11,903 mt for BS Pacific ocean perch, 7,579 mt for BSAI 
Kamchatka flounder, 11,000 mt for BSAI northern rockfish, 333 mt for 
BSAI sharks, and 166 mt for CAI/WAI blackspotted/rougheye rockfish.

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 apportionment of the non-
specified reserves of groundfish to BS Pacific ocean perch, BSAI 
Kamchatka flounder, BSAI northern rockfish, BSAI sharks, and CAI/WAI 
blackspotted/rougheye rockfish. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of September 5, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until October 
11, 2023.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 22, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-21051 Filed 9-26-23; 8:45 am]
BILLING CODE 3510-22-P