[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67985-67986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21844]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XD231


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Central Aleutian District of the Bering Sea and 
Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands 
management area (BSAI) by vessels participating in the BSAI trawl 
limited access sector fishery. This action is necessary to prevent 
exceeding the 2023 total allowable catch (TAC) of Atka mackerel in the 
CAI allocated to vessels participating in the BSAI trawl limited access 
sector fishery.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 28, 
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 exclusive economic zone according to the Fishery Management Plan 
(FMP) for Groundfish of the BSAI 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 TAC of Atka mackerel, in the CAI, allocated to vessels 
participating in the BSAI trawl limited access sector fishery was 
established as a directed fishing allowance of 1,542 metric tons 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).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the CAI by vessels

[[Page 67986]]

participating in the BSAI trawl limited access sector fishery. While 
this closure is effective, the maximum retainable amounts at Sec.  
679.20(e) and (f) apply at any time during a trip.

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 closure of the Atka 
mackerel directed fishing in the CAI for vessels participating in the 
BSAI trawl limited access sector 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 27, 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 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-21844 Filed 9-28-23; 4:15 pm]
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