Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska, 19227-19228 [2023-06685]
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Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
III. Statutory and Executive Order
Reviews
This action defers sanctions and
imposes no additional requirements.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This proposed action is not a
significant regulatory action and was
therefore not submitted to the Office of
Management and Budget (OMB) for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action defers sanctions and
imposes no new requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This action defers sanctions
and imposes no new requirements.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects 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.
ddrumheller on DSK120RN23PROD with RULES1
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action defers
sanctions and imposes no new
requirements. In addition, this action
does not apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. Thus, Executive Order
13175 does not apply to this action.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color) and lowincome populations.
The EPA believes that this type of
action does not concern human health
or environmental conditions and
therefore cannot be evaluated with
respect to potentially disproportionate
and adverse effects on people of color,
low-income populations, and/or
Indigenous peoples. This action defers
sanctions in accordance with CAA
regulatory provisions and imposes no
additional requirements.
Although this action does not concern
human health or environmental
conditions, the EPA identifies and
addresses environmental justice
concerns by promoting meaningful
involvement in this action through
providing the public with an
opportunity to comment on this deferral
of sanctions as well as the opportunity
to comment on our proposed approval
of the District’s 2022 NSR submittal in
the Proposed Rules section of this
Federal Register.
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19227
K. Congressional Review Act (CRA)
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this
action as discussed in section II of this
preamble, including the basis for that
finding.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 30, 2023. Filing a
petition for reconsideration by the EPA
Administrator of this action does not
affect the finality of this action for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–06562 Filed 3–30–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230224–0053; RTID 0648–
XC716]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in the West
Yakutat District of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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19228
Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting directed
fishing for pollock in the West Yakutat
District of the Gulf of Alaska (GOA).
This action is necessary to prevent
exceeding the 2023 total allowable catch
of pollock in the West Yakutat District
of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 29, 2023,
through 2400 hours, A.l.t., December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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 2023 total allowable catch (TAC)
of pollock in the West Yakutat District
of the GOA is 7,523 metric tons (mt) as
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
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established by the final 2023 and 2024
harvest specifications for groundfish in
the GOA (88 FR 13238, March 2, 2023).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2023 TAC of
pollock in the West Yakutat District of
the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 7,323 mt, and is setting
aside the remaining 200 mt as bycatch
to support other anticipated groundfish
fisheries. 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 pollock in the West
Yakutat District of the GOA.
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.
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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 pollock
in the West Yakutat District of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of March 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: March 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–06685 Filed 3–28–23; 4:15 pm]
BILLING CODE 3510–22–P
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19227-19228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06685]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230224-0053; RTID 0648-XC716]
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the West Yakutat District of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 19228]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for pollock in the West
Yakutat District of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the 2023 total allowable catch of pollock in the
West Yakutat District of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 29,
2023, through 2400 hours, A.l.t., December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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 2023 total allowable catch (TAC) of pollock in the West Yakutat
District of the GOA is 7,523 metric tons (mt) as established by the
final 2023 and 2024 harvest specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2023 TAC
of pollock in the West Yakutat District of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 7,323 mt, and is setting aside the
remaining 200 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for pollock
in the West Yakutat District of the GOA.
While this closure is effective, 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 pollock in the
West Yakutat District of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of March 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: March 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-06685 Filed 3-28-23; 4:15 pm]
BILLING CODE 3510-22-P
