67986 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

participating in the BSAI trawl limited 

access sector fishery. While this closure 

is effective, the maximum retainable 

amounts at § 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] 

BILLING CODE 3510–22–P 

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. 

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 § 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 § 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] 

BILLING CODE 3510–22–P 


ddrumheller on DSK120RN23PROD with RULES1