Rule2023-15289
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of 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
July 19, 2023
Effective
July 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2023 total allowable catch of Pacific ocean perch (POP) specified for the Bering Sea subarea of the BSAI.
Full Text
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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46110-46111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15289]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD162]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Bering Sea Subarea 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; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in
the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to fully use the 2023
total allowable catch of Pacific ocean perch (POP) specified for the
Bering Sea subarea of the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 15, 2023,
through 2400 hours, A.l.t., December 31, 2023. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
August 3, 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 <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 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: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands management area (BSAI) exclusive
economic zone 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.
NMFS closed directed fishing for POP in the Bering Sea subarea of
the BSAI under Sec. 679.20(d)(1)(iii) (88 FR 14926, March 10, 2023)
and as corrected (88 FR 18258, March 28, 2023).
NMFS has determined that approximately 4,500 metric tons of POP
remain in the directed fishing allowance. 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 total allowable catch of POP in the Bering Sea subarea
of the BSAI, NMFS is terminating the previous closure and is opening
directed fishing for POP in Bering Sea subarea of the BSAI, effective
1200 hrs, A.l.t., July 15, 2023, through 2400 hrs, A.l.t., December 31,
2023. This will enhance the socioeconomic well-being of harvesters
dependent on POP in this area.
The Administrator, Alaska Region considered the following factors
in reaching this decision: (1) the current catch of POP in the BSAI
and, (2) the harvest capacity and stated intent on future harvesting
patterns of vessels 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 POP in the Bering Sea subarea of the BSAI. NMFS was unable
to publish a notification providing time for public comment because the
most recent, relevant data only became available as of July 10, 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 Pacific ocean perch in the Bering Sea subarea of the BSAI to be
harvested in an expedient manner and in accordance
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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 [insert date 15 days after date of publication in
the Federal Register].
Authority: 16 U.S.C. 1801 et seq.
Dated: July 14, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-15289 Filed 7-14-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 19, 2023.
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