Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 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 § 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 

§ 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 § 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 § 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD359] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of Atka 

Mackerel 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 reallocating the 

projected unused amount of the 2023 

Atka mackerel incidental catch 

allowance (ICA) for the Bering Sea 

subarea and Eastern Aleutian district 

(BS/EAI) to the Amendment 80 

cooperative allocation for the BS/EAI in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2023 total 

allowable catch of Atka mackerel in the 

BSAI to be fully harvested. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 25, 2023 

through 2400 hours, A.l.t., December 31, 

2023. 

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 

(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 Atka mackerel ICA for the 

BS/EAI is 800 metric tons (mt) and the 

2023 Atka mackerel total allowable 

catch allocated to the Amendment 80 

cooperative for the BS/EAI is 21,083 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 Administrator, Alaska Region, 

NMFS, has determined that 700 mt of 

the Atka mackerel ICA for the BS/EAI 

will not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 700 mt of Atka mackerel 

from the BS/EAI ICA to the BS/EAI 

Amendment 80 cooperative allocation 

in the BSAI. In accordance with 

§ 679.91(f), NMFS will reissue the 

cooperative quota permit for the 

reallocated Atka mackerel following the 

procedures set forth in § 679.91(f)(3). 

The harvest specifications for Atka 

mackerel included in the harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023) 

and corrected (88 FR 18258, March 28, 

2023) are revised as follows: 100 mt of 

Atka mackerel for the BS/EAI ICA and 

21,783 mt of Atka mackerel for the 

Amendment 80 cooperative allocation 

for the BS/EAI. Table 6 is revised and 

republished in its entirety as follows: 


ddrumheller on DSK120RN23PROD with RULES1
66298 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 

TABLE 6—FINAL 2023 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH

ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2023 Allocation by area 

Eastern Aleutian 

District/Bering Sea 

Central 

Aleutian District 5

Western 

Aleutian District 

TAC ............................................................... n/a .............................. 27,260 17,351 24,671 

CDQ reserve ................................................. Total ........................... 2,917 1,857 2,640 

A ................................. 1,458 928 1,320 

Critical Habitat ............ n/a 557 792 

B ................................. 1,458 928 1,320 

Critical Habitat ............ n/a 557 792 

Non-CDQ TAC .............................................. n/a .............................. 24,343 15,494 22,031 

ICA ................................................................ Total ........................... 100 75 20 

Jig 6 ................................................................ Total ........................... 118 ...................................... ..................................

BSAI trawl limited access ............................. Total ........................... 2,343 1,542 ..................................

A ................................. 1,171 771 ..................................

Critical Habitat ............ n/a 463 ..................................

B ................................. 1,171 771 ..................................

Critical Habitat ............ n/a 463 ..................................

Amendment 80 sector ................................... Total ........................... 21,783 13,877 22,011 

A ................................. 10,892 6,939 11,006 

Critical Habitat ............ n/a 4,163 6,603 

B ................................. 10,892 6,939 11,006 

Critical Habitat ............ n/a 4,163 6,603 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C)). 2Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 

3The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 

4Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B 

season from June 10 to December 31. 5Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea 

lion protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at 

§ 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543. 6Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be 

allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2023 at 0.5 percent. The jig 

gear allocation is not apportioned by season. 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon Atka mackerel in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) the current catch of Atka 

mackerel ICA in the BS/EAI; and, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of the 

Amendment 80 cooperative that 

participates in this BS/EAI fishery. 

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 harvest of Atka 

mackerel in the BS/EAI fishery. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

21, 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. 

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

Dated: September 21, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–20976 Filed 9–22–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD069] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2023 total 

allowable catch of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA. 


ddrumheller on DSK120RN23PROD with RULES1