66296 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 

be committed, any of the following acts 

in regard to this species: 

(i) Import or export, as set forth at 

§ 17.21(b) for endangered wildlife. 

(ii) Take, as set forth at § 17.21(c)(1) 

for endangered wildlife. 

(iii) Possession and other acts with 

unlawfully taken specimens, as set forth 

at § 17.21(d)(1) for endangered wildlife. 

(iv) Interstate or foreign commerce in 

the course of commercial activity, as set 

forth at § 17.21(e) for endangered 

wildlife. 

(v) Sale or offer for sale, as set forth 

at § 17.21(f) for endangered wildlife. 

(2) Exceptions from prohibitions. In 

regard to this species, you may: 

(i) Conduct activities as authorized by 

a permit under § 17.32. 

(ii) Take, as set forth at § 17.21(c)(2) 

through (4) for endangered wildlife. 

(iii) Take as set forth at § 17.31(b). 

(iv) Take incidental to an otherwise 

lawful activity caused by: 

(A) Channel restoration or 

improvement projects that create 

natural, physically stable, ecologically 

functioning streams (or stream and 

wetland systems) that are reconnected 

with their groundwater aquifers and, if 

the projects involve known relict darter 

spawning habitat, that take place 

between June 30 and March 1. These 

projects can be accomplished using a 

variety of methods, but the desired 

outcome is a natural channel with low 

shear stress (force of water moving 

against the channel); bank heights that 

enable reconnection to the floodplain; a 

reconnection of surface and 

groundwater systems, resulting in 

perennial flows in the channel; riffles 

and pools composed of existing soil, 

rock, and wood instead of large 

imported materials; low compaction of 

soils within adjacent riparian areas; and 

inclusion of riparian wetlands. 

(B) Streambank stabilization projects 

that use bioengineering methods to 

replace preexisting, bare, eroding stream 

banks with vegetated, stable stream 

banks, thereby reducing bank erosion 

and instream sedimentation and 

improving habitat conditions for the 

species and, if the projects involve 

known relict darter spawning habitat, 

that take place between June 30 and 

March 1. Stream banks may be 

stabilized using native live stakes (live, 

vegetative cuttings inserted or tamped 

into the ground in a manner that allows 

the stake to take root and grow), native 

live fascines (live branch cuttings, 

usually willows, bound together into 

long, cigar-shaped bundles), or brush 

layering (cuttings or branches of easily 

rooted tree species layered between 

successive lifts of soil fill). Stream banks 

must not be stabilized through the use 

of quarried rock (rip-rap) or the use of 

rock baskets or gabion structures. 

(C) Bridge and culvert replacement/ 

removal projects or low head dam 

removal projects that remove migration 

barriers or generally allow for improved 

upstream and downstream movements 

of relict darters while maintaining 

normal stream flows, preventing bed 

and bank erosion, and improving habitat 

conditions for the species, if completed 

between June 30 and March 1. 

(D) Transportation projects that follow 

best management practices that 

eliminate sedimentation, do not block 

stream flow, do not channelize streams, 

and provide for fish passage under a 

wide range of hydrologic conditions at 

stream crossings and that are done 

between June 30 and March 1. 

(E) Projects carried out in the species’ 

range by the Natural Resources 

Conservation Service, U.S. Department 

of Agriculture, that: 

(1) Do not alter habitats known to be 

used by the relict darter beyond the 

fish’s tolerances; and 

(2) Are performed between June 30 

and March 1 to avoid the time period 

when the relict darter will be found 

within its spawning habitat, if such 

habitat is affected by the activity. 

(v) Possess and engage in other acts 

with unlawfully taken wildlife, as set 

forth at § 17.21(d)(2) for endangered 

wildlife. 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–20945 Filed 9–26–23; 8:45 am] 

BILLING CODE 4333–15–P 

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. 


ddrumheller on DSK120RN23PROD with RULES1
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