Rule2023-09044
Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Sablefish in the Bering Sea and Aleutian Islands Management Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 28, 2023
Effective
May 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is opening directed fishing for sablefish by vessels using trawl gear in the Bering Sea subarea and the Aleutian Islands subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2023 total allowable catch (TAC) of trawl sablefish in the Bering Sea subarea and the Aleutian Islands subarea of the BSAI.
Full Text
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<title>Federal Register, Volume 88 Issue 82 (Friday, April 28, 2023)</title>
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[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26232-26233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09044]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XC961]
Fisheries of the Exclusive Economic Zone Off Alaska; Trawl
Sablefish in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 26233]]
ACTION: Temporary rule; modification of closure.
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SUMMARY: NMFS is opening directed fishing for sablefish by vessels
using trawl gear in the Bering Sea subarea and the Aleutian Islands
subarea of the Bering Sea and Aleutian Islands Management Area (BSAI).
This action is necessary to fully use the 2023 total allowable catch
(TAC) of trawl sablefish in the Bering Sea subarea and the Aleutian
Islands subarea of the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 1, 2023,
through 2400 hours, A.l.t., December 31, 2023. Comments must be
received at the following address (see ADDRESSES) no later than 4:30
p.m., A.l.t., May 10, 2023.
ADDRESSES: You may submit comments on this document, identified by
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: Abby Jahn, 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. 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.
Pursuant to the final 2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926, March 10, 2023), NMFS closed
directed fishing for trawl sablefish in the Bering Sea subarea and the
Aleutian Islands subarea of the BSAI under Sec. 679.20(d)(1)(iii).
As of April 20, 2023, NMFS has determined that approximately 3,364
metric tons (mt) and 1,794 mt of trawl sablefish initial TAC remains
unharvested in the Bering Sea subarea and the Aleutian Islands subarea,
respectively, of the BSAI. Therefore, in accordance with Sec.
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize
the 2023 TAC of trawl sablefish in the Bering Sea subarea and the
Aleutian Islands subarea of the BSAI, NMFS is terminating the previous
closure and is opening directed fishing for sablefish by vessels using
trawl gear in the Bering Sea subarea and the Aleutian Islands subarea
of the BSAI. This will enhance the socioeconomic well-being of
harvesters in this area. The Administrator, Alaska Region (Regional
Administrator) considered the following factors in reaching this
decision: (1) the current catch of trawl sablefish in the Bering Sea
subarea and the Aleutian Islands subarea of the BSAI; and (2) the
harvest capacity and stated intent on future harvesting patterns of
vessels in participating in this 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 opening of directed
fishing for trawl sablefish in the Bering Sea subarea and the Aleutian
Islands subarea of the BSAI. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of April 24, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for trawl sablefish in Bering Sea subarea and the Aleutian Islands
subarea of the BSAI to be harvested in an expedient manner and in
accordance with the regulatory schedule. Under Sec. 679.25(c)(2),
interested persons are invited to submit written comments on this
action to the above address until May 10, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-09044 Filed 4-25-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 28, 2023.
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