Rule2023-21051
Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species 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
September 27, 2023
Effective
September 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, BSAI northern rockfish, BSAI sharks, and Central Aleutian Islands and Western Aleutian Islands (CAI/WAI) blackspotted/rougheye rockfish. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 186 (Wednesday, September 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66296-66297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21051]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD358]
Fisheries of the Exclusive Economic Zone Off Alaska; Several
Groundfish Species 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; apportionment of reserves; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean
perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, BSAI
northern rockfish, BSAI sharks, and Central Aleutian Islands and
Western Aleutian Islands (CAI/WAI) blackspotted/rougheye rockfish. This
action is necessary to allow the fisheries to continue operating. It is
intended to promote the goals and objectives of the fishery management
plan for the BSAI management area.
DATES: Effective September 26, 2023, through 2400 hours, Alaska local
time, December 31, 2023. Comments must be received at the following
address no later than 4:30 p.m., Alaska local time, October 11, 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 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="https://www.regulations.gov">https://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
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the BSAI Management Area (FMP) 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.
[[Page 66297]]
The 2023 ITAC of BS Pacific ocean perch was established as 10,118
metric tons (mt), the 2023 ITAC of BSAI Kamchatka flounder was
established as 6,442 mt, the 2023 ITAC of BSAI northern rockfish was
established as 9,350 mt, the 2023 ITAC of BSAI sharks was established
as 213 mt, and the 2023 ITAC of CAI/WAI blackspotted/rougheye rockfish
was established as 141 mt by the final 2023 and 2024 harvest
specifications for groundfish of the BSAI (88 FR 14926, March 10, 2023)
and correction (88 FR 18258, March 28, 2023). In accordance with Sec.
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has
reviewed the most current available data and finds that the ITACs for
BS Pacific ocean perch, BSAI Kamchatka flounder, BSAI northern
rockfish, BSAI sharks, and CAI/WAI blackspotted/rougheye rockfish need
to be supplemented from the non-specified reserve to promote efficiency
in the utilization of fishery resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish to ITACs in the BSAI
management area as follows: 1,785 mt to BS Pacific ocean perch, 1,137
mt to BSAI Kamchatka flounder, 1,650 mt to BSAI northern rockfish, 120
mt to BSAI sharks, and 25 mt to CAI/WAI blackspotted/rougheye rockfish.
These apportionments are consistent with Sec. 679.20(b)(1)(i) and do
not result in overfishing of any target species because the revised
ITACs and total allowable catches (TACs) are equal to or less than the
specifications of the acceptable biological catch in 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).
The harvest specification for the 2023 ITACs and TACs included in
the harvest specifications for groundfish in the BSAI are revised as
follows 11,903 mt for BS Pacific ocean perch, 7,579 mt for BSAI
Kamchatka flounder, 11,000 mt for BSAI northern rockfish, 333 mt for
BSAI sharks, and 166 mt for CAI/WAI blackspotted/rougheye rockfish.
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 apportionment of the non-
specified reserves of groundfish to BS Pacific ocean perch, BSAI
Kamchatka flounder, BSAI northern rockfish, BSAI sharks, and CAI/WAI
blackspotted/rougheye rockfish. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of September 5, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until October
11, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 22, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21051 Filed 9-26-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on September 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.