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, 73257-73258 [2022-26029]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
khammond on DSKJM1Z7X2PROD with RULES
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
VerDate Sep<11>2014
15:45 Nov 28, 2022
Jkt 259001
73257
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
E. Unfunded Mandates Reform Act
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
extending the effective period of the
temporary safety zone on the upper
reaches of Taylor Bayou Turning Basin
in Port Arthur, TX. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Revise § 165.T08–0914(d) to read as
follows:
■
§ 165.T08–0914 Safety Zone; Taylor Bayou
Turning Basin, Port Arthur, TX.
*
*
*
*
*
(d) Enforcement date. This safety zone
is in effect from February 1, 2023
through January 31, 2025. It will be
subject to enforcement this entire period
unless the COTP determines it is no
longer needed, in which case the Coast
Guard will inform mariners via Notice
to Mariners.
Dated: November 22, 2022.
James B. Suffern,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Marine Safety Unit Port Arthur.
[FR Doc. 2022–26003 Filed 11–28–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220223–0054]
RTID 0648–XC583
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting 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
prevent exceeding the 2022 Pacific
ocean perch total allowable catch (TAC)
in the Bering Sea subarea of the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), November 23, 2022,
through 2400 hours, A.l.t., December 31,
2022.
SUMMARY:
E:\FR\FM\29NOR1.SGM
29NOR1
73258
Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
khammond on DSKJM1Z7X2PROD with RULES
Steve Whitney, 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.
The 2022 Pacific ocean perch TAC in
the Bering Sea subarea of the BSAI is
10,352 metric tons (mt) as established
by the final 2022 and 2023 harvest
specifications for groundfish in the
BSAI and groundfish reserve
apportionment (87 FR 11626, March 2,
2022, and 87 FR 66611, November 4,
2022).
The Regional Administrator has
determined that the 2022 initial total
VerDate Sep<11>2014
15:45 Nov 28, 2022
Jkt 259001
allowable catch (ITAC) for Pacific ocean
perch in the Bering Sea subarea of the
BSAI will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 10,282 mt, and is setting
aside the remaining 70 mt as bycatch to
support other anticipated groundfish
fisheries. Consequently, in accordance
with § 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for Pacific
ocean perch in the Bering Sea subarea
of the BSAI. While this closure remains
in effect, 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 9990
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 Bering Sea subarea in 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 November 21, 2022.
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: November 23, 2022.
Sasha Ann Pryborowski,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–26029 Filed 11–23–22; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\29NOR1.SGM
29NOR1
]]>Agencies
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73257-73258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26029]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054]
RTID 0648-XC583
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; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting 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 prevent exceeding
the 2022 Pacific ocean perch total allowable catch (TAC) in the Bering
Sea subarea of the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 23,
2022, through 2400 hours, A.l.t., December 31, 2022.
[[Page 73258]]
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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.
The 2022 Pacific ocean perch TAC in the Bering Sea subarea of the
BSAI is 10,352 metric tons (mt) as established by the final 2022 and
2023 harvest specifications for groundfish in the BSAI and groundfish
reserve apportionment (87 FR 11626, March 2, 2022, and 87 FR 66611,
November 4, 2022).
The Regional Administrator has determined that the 2022 initial
total allowable catch (ITAC) for Pacific ocean perch in the Bering Sea
subarea of the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 10,282
mt, and is setting aside the remaining 70 mt as bycatch to support
other anticipated groundfish fisheries. Consequently, in accordance
with Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for
Pacific ocean perch in the Bering Sea subarea of the BSAI. While this
closure remains in effect, 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 Bering Sea subarea in 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 November 21, 2022.
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: November 23, 2022.
Sasha Ann Pryborowski,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-26029 Filed 11-23-22; 4:15 pm]
BILLING CODE 3510-22-P
