Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for Groundfish To Revise IFQ Program Regulations; Correction, 41043-41044 [2023-13391]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
incidental catch allowance at 10
percent, NMFS notes that all harvest,
regardless of how it is taken or at what
level (i.e., 10 percent or 20 percent), is
accounted for under the OFL/ABC/ACL/
ACT for this action, and these levels
have been determined to prevent
overfishing of Pacific sardine and
support the rebuilding of the stock.
Additionally, reducing the incidental
catch allowance is not necessary to
ensure these reference points are not
exceeded, therefore NMFS does not see
a justification to restrict this sector
further than the low catch allowance
already in place.
Classification
Pursuant to section 304(b)(1)(A) of the
MSA, the NMFS Assistant
Administrator has determined that this
final rule is consistent with the CPS
FMP, other provisions of the MSA, and
other applicable law.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
the date of effectiveness of these final
harvest specifications for the 2023–2024
Pacific sardine fishing season. In
accordance with the FMP, this rule was
recommended by the Council at its
meeting in April 2023. The contents of
this rule are based on the best scientific
information available on the population
status of Pacific sardine, which became
available at that April 2023 meeting.
Making these final specifications
effective on July 1, the first day of the
fishing year, is necessary for the
conservation and management of the
Pacific sardine resource because last
year’s restrictions on harvest are not
effective after June 30, 2023. The FMP
requires a prohibition on primary
directed fishing for Pacific sardine for
the 2023–2024 fishing year because the
sardine biomass has dropped below the
CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a
primary directed fishery when the
biomass drops below this level, is to
protect the stock when biomass is low
and provide a buffer of spawning stock
that is protected from fishing and can
contribute to rebuilding the stock. If
these specifications are not effective by
July 1, there would be no prohibition on
the primary directed fishing, and a
significant amount of sardine could
theoretically be caught in a short period.
Delaying the effective date of this rule
beyond July 1 would be contrary to the
public interest because it would
jeopardize the sustainability of the
Pacific sardine stock. Furthermore, most
affected fishermen have already been
operating under a prohibition of the
primary directed fishery for years, and
are aware that the Council
VerDate Sep<11>2014
15:55 Jun 22, 2023
Jkt 259001
recommended that primary directed
commercial fishing be prohibited again
for the 2023–2024 fishing year, and are
fully prepared to comply with the
prohibition.
This final rule is exempt from review
under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities for the purposes of the
Regulatory Flexibility Act. The factual
basis for the certification was published
in the proposed rule (88 FR 31214, May
16, 2023) and is not repeated here. As
a result, a final regulatory flexibility
analysis was not required and none was
prepared.
Pursuant to Executive Order 13175,
this rule was developed after
meaningful consultation and
collaboration with the Council’s tribal
representative, who has agreed with the
provisions that apply to tribal vessels.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act. There are no relevant
Federal rules that may duplicate,
overlap, or conflict with the action.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–13416 Filed 6–22–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket: 230616–0152]
RIN 0648–BL54
Fisheries of the Exclusive Economic
Zone Off Alaska; Amendment 124 to
the BSAI FMP for Groundfish and
Amendment 112 to the GOA FMP for
Groundfish To Revise IFQ Program
Regulations; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
41043
This action corrects an
inadvertent drafting error in final
regulations published in the Federal
Register on February 27, 2023, and
effective on February 27, 2023. NMFS is
correcting regulations to revise the date
after which only an eligible community
resident of Adak, Alaska may receive by
transfer any individual fishing quota
(IFQ) held by a community quota entity
(CQE) in the Aleutian Islands subarea.
In the final rule published on February
27, 2023, NMFS intended to extend by
five years the date after which only an
eligible community resident of Adak,
AK may use or receive by transfer CQE
IFQ. This action completes the removal
of the Adak CQE residency requirement
for a period of five years.
SUMMARY:
DATES:
This rule is effective on June 23,
2023.
FOR FURTHER INFORMATION CONTACT:
Alicia M. Miller, 907–586–7228 or
Alicia.m.miller@noaa.gov.
The North
Pacific Fishery Management Council
(Council) recommended and NMFS
issued a final rule to implement
Amendment 124 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI FMP) and
Amendment 112 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP) (88 FR
12259, February 27, 2023). One element
of that final rule temporarily removed
the Adak CQE residency requirement for
a period of five years. The final rule’s
intent was to suspend the residency
requirement for five years for both
transfer and use of CQE IFQ. The final
rule revised regulations at
§ 679.42(e)(8)(ii) and (f)(7)(ii) that
otherwise limit the use of sablefish and
halibut quota share to eligible
community residents of Adak, Alaska.
However, the final rule failed to make
a corresponding revision at
§ 679.41(g)(6)(ii).
This action is necessary to correct an
inadvertent drafting error in final
regulations published on February 27,
2023. NMFS overlooked revising a
regulation related to the Adak residency
requirement and amending it to impose
its suspension for a five-year period.
This action corrects that error and
modifies regulations at § 679.41(g)(6)(ii)
to change the date after which only an
eligible community resident of Adak,
Alaska may receive by transfer IFQ held
by a CQE in the Aleutian Islands
subarea. This correcting amendment
will fully implement the removal of the
Adak CQE residency requirement for a
period of five years as intended under
SUPPLEMENTARY INFORMATION:
E:\FR\FM\23JNR1.SGM
23JNR1
41044
Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Rules and Regulations
the final rule published on February 27,
2023.
Classification
lotter on DSK11XQN23PROD with RULES1
NMFS is issuing this rule pursuant to
304(b) of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). The NMFS Assistant
Administrator for Fisheries (AA) has
determined that this final rule is
consistent with the BSAI and GOA
FMPs and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds there is good cause to waive prior
notice and an opportunity for public
comment on this action, as notice and
comment would be unnecessary and
contrary to public interest in clear and
accurate regulations. This action
corrects an inadvertent error and makes
necessary clarifications to the February
27, 2023 final rule (88 FR 12259).
Expeditious correction of the error and
clarification is necessary to prevent
confusion among participants in the
fishery, as the fishery has already begun.
In addition, notice and comment is
unnecessary because this action makes
only a minor change to correct an
inadvertent error in final regulations
published in the February 27, 2023 final
rule (88 FR 12259). This correction will
not affect the results of analyses
conducted to support management
decisions under the IFQ Program. This
correction is consistent with the
Council’s intent for regulations, and the
VerDate Sep<11>2014
15:55 Jun 22, 2023
Jkt 259001
public expected the regulations to be
written as they are in this correction. No
change in operating practices in the
fishery is required.
Similarly, the AA has determined
good cause exists to waive the 30-day
delay in effectiveness pursuant to 5
U.S.C. 553(d). The change in this action
should be effective immediately to
prevent further confusion among
participants in the fishery. This notice
makes only a minor correction to the
final rule which was effective February
27, 2023. Delaying effectiveness of this
correction would result in conflicting
mandates in the regulations and
confusion among fishery participants.
Because prior notice and an
opportunity for public comment are not
required to be provided for this rule by
5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
This final rule is not significant under
Executive Order 12866.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
PO 00000
Frm 00030
Fmt 4700
Sfmt 9990
Date: June 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
679 as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
2. In § 679.41, revise paragraph
(g)(6)(ii) to read as follows:
■
§ 679.41
Transfer of quota shares and IFQ.
*
*
*
*
*
(g) * * *
(6) * * *
(ii) In the Aleutian Islands subarea
may be used by any person who has
received an approved Application for
Eligibility as described in paragraph (d)
of this section prior to February 28,
2028 and only by an eligible community
resident of Adak, AK, after February 28,
2028.
*
*
*
*
*
[FR Doc. 2023–13391 Filed 6–22–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\23JNR1.SGM
23JNR1
]]>Agencies
[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41043-41044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13391]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket: 230616-0152]
RIN 0648-BL54
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for
Groundfish To Revise IFQ Program Regulations; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects an inadvertent drafting error in final
regulations published in the Federal Register on February 27, 2023, and
effective on February 27, 2023. NMFS is correcting regulations to
revise the date after which only an eligible community resident of
Adak, Alaska may receive by transfer any individual fishing quota (IFQ)
held by a community quota entity (CQE) in the Aleutian Islands subarea.
In the final rule published on February 27, 2023, NMFS intended to
extend by five years the date after which only an eligible community
resident of Adak, AK may use or receive by transfer CQE IFQ. This
action completes the removal of the Adak CQE residency requirement for
a period of five years.
DATES: This rule is effective on June 23, 2023.
FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: The North Pacific Fishery Management Council
(Council) recommended and NMFS issued a final rule to implement
Amendment 124 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and
Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (GOA FMP) (88 FR 12259, February 27, 2023). One element of
that final rule temporarily removed the Adak CQE residency requirement
for a period of five years. The final rule's intent was to suspend the
residency requirement for five years for both transfer and use of CQE
IFQ. The final rule revised regulations at Sec. 679.42(e)(8)(ii) and
(f)(7)(ii) that otherwise limit the use of sablefish and halibut quota
share to eligible community residents of Adak, Alaska. However, the
final rule failed to make a corresponding revision at Sec.
679.41(g)(6)(ii).
This action is necessary to correct an inadvertent drafting error
in final regulations published on February 27, 2023. NMFS overlooked
revising a regulation related to the Adak residency requirement and
amending it to impose its suspension for a five-year period. This
action corrects that error and modifies regulations at Sec.
679.41(g)(6)(ii) to change the date after which only an eligible
community resident of Adak, Alaska may receive by transfer IFQ held by
a CQE in the Aleutian Islands subarea. This correcting amendment will
fully implement the removal of the Adak CQE residency requirement for a
period of five years as intended under
[[Page 41044]]
the final rule published on February 27, 2023.
Classification
NMFS is issuing this rule pursuant to 304(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). The NMFS
Assistant Administrator for Fisheries (AA) has determined that this
final rule is consistent with the BSAI and GOA FMPs and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds there is good cause to
waive prior notice and an opportunity for public comment on this
action, as notice and comment would be unnecessary and contrary to
public interest in clear and accurate regulations. This action corrects
an inadvertent error and makes necessary clarifications to the February
27, 2023 final rule (88 FR 12259). Expeditious correction of the error
and clarification is necessary to prevent confusion among participants
in the fishery, as the fishery has already begun. In addition, notice
and comment is unnecessary because this action makes only a minor
change to correct an inadvertent error in final regulations published
in the February 27, 2023 final rule (88 FR 12259). This correction will
not affect the results of analyses conducted to support management
decisions under the IFQ Program. This correction is consistent with the
Council's intent for regulations, and the public expected the
regulations to be written as they are in this correction. No change in
operating practices in the fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The change in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This notice makes only a
minor correction to the final rule which was effective February 27,
2023. Delaying effectiveness of this correction would result in
conflicting mandates in the regulations and confusion among fishery
participants.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Date: June 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.41, revise paragraph (g)(6)(ii) to read as follows:
Sec. 679.41 Transfer of quota shares and IFQ.
* * * * *
(g) * * *
(6) * * *
(ii) In the Aleutian Islands subarea may be used by any person who
has received an approved Application for Eligibility as described in
paragraph (d) of this section prior to February 28, 2028 and only by an
eligible community resident of Adak, AK, after February 28, 2028.
* * * * *
[FR Doc. 2023-13391 Filed 6-22-23; 8:45 am]
BILLING CODE 3510-22-P
