Fisheries of the Exclusive Economic Zone Off Alaska; Trawl Sablefish in the Bering Sea and Aleutian Islands Management Area, 26232-26233 [2023-09044]

Download as PDF 26232 Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 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 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. ddrumheller on DSK120RN23PROD with RULES1 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 a temporary safety zone in the navigable VerDate Sep<11>2014 16:09 Apr 27, 2023 Jkt 259001 waters around the loading, staging, transit, and display of fireworks at Westar Marine Service Pier 50 and off of Pier 15 within San Francisco Bay. 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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, 70124; 33 CFR 1.05–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T11–123 to read as follows: ■ § 165.T11–123 Safety Zone; Pier 15 Fireworks; San Francisco Bay, San Francisco, CA. (a) Locations. The following area is a safety zone: all navigable waters of the San Francisco Bay, from surface to bottom, within a circle formed by connecting all points 100 feet out from the fireworks vessel during loading and staging at Westar Marine Service Pier 50 in San Francisco, CA as well as transit and arrival to the display location off Pier 15, San Francisco Bay in San Francisco CA. Between 9:30 p.m. and 10:40 p.m. on April 29, 2023, the safety zone will expand to all navigable waters, from surface to bottom, within a circle formed by connecting all points 300 feet out from the fireworks vessel in approximate position 37°48′07.33″ N 122°23′43.42″ W (NAD 83) or as announced by Marine Information Bulletin. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 (b) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel, or a Federal, State, or local officer designated by or assisting the Captain of the Port (COTP) San Francisco in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced from 11 a.m. until 10:40 p.m. on April 29, 2023. (e) Information broadcasts. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced, in accordance with 33 CFR 165.7. Dated: April 21, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco. [FR Doc. 2023–09000 Filed 4–27–23; 8:45 am] BILLING CODE 9110–04–P 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\28APR1.SGM 28APR1 Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Rules and Regulations ACTION: Temporary rule; modification of closure. 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 https://www.regulations.gov 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 www.regulations.gov 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/ ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:09 Apr 27, 2023 Jkt 259001 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 § 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 § 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 26233 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 § 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 E:\FR\FM\28APR1.SGM 28APR1

Agencies

[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 
www.regulations.gov 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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