[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Page 67986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21836]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XD209


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Aleutian district (WAI) 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 Pacific ocean 
perch in the WAI allocated to vessels participating in the BSAI trawl 
limited access sector fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 28, 
2023, through 2400 hrs, 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 BSAI FMP 
appear at subpart H of 50 CFR parts 600 and 679.
    The 2023 TAC of Pacific ocean perch in the WAI, allocated to 
vessels participating in the BSAI trawl limited access sector fishery 
was established as a directed fishing allowance of 214 metric tons by 
the final 2023 and 2024 harvest specifications for groundfish in the 
BSAI (88 FR 14926, March 10, 2023) and as corrected (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 Pacific 
ocean perch in the WAI by vessels 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 Pacific ocean 
perch directed fishery in the WAI 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. 2023-21836 Filed 9-28-23; 4:15 pm]
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