Pacific Halibut Fisheries of the West Coast; Management Measures for the 2023 Area 2A Pacific Halibut Directed Commercial Fishery, 41334-41336 [2023-13516]
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41334
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
This final rule will impact small
entities in NAICS category 624410,
Child Care Services, which has a size
standard of $9.5 million dollars. We
assume that most Head Start programs,
if not all, are below this threshold and
are considered small entities.
B. Description of the Impacts of the Rule
on Small Entities
Compared to the baseline scenario,
this final rule will result in cost savings
for Head Start programs. We estimate
that the incremental impact of the final
rule is about $18.5 million in net cost
savings, most of which will accrue to
Head Start programs. Across 20,717
centers, we estimate that these cost
savings will average $894 in cost
savings per center. This analysis
concludes that the final rule is not likely
to result in a significant impact on a
substantial number of small entities.
ddrumheller on DSK120RN23PROD with RULES1
IX. Tribal Consultation Statement
ACF conducts an average of five tribal
consultations each year for tribes
operating Head Start and Early Head
Start. The consultations are held in four
geographic areas across the country:
Southwest, Northwest, Midwest
(Northern and Southern), and East. The
consultations are often held in
conjunction with other tribal meetings
or conferences, to ensure the
opportunity for most of the 150 tribes
that operate Head Start and Early Head
Start programs to attend and voice their
concerns regarding service delivery. We
complete a report after each
consultation, and then we compile a
final report that summarizes the
consultations. We submit the report to
the Secretary of Health and Human
Services (the Secretary) at the end of the
year.
Although this rule does not have
implications specific to AIAN programs,
OHS will continue to collaborate with
Tribes on all matters related to the Head
Start Program Performance Standards.
January Contreras, Assistant Secretary
of the Administration for Children and
Families, approved this document on
May 8, 2023.
List of Subjects in 45 CFR Part 1302
COVID–19, Evidence-based COVID–
19 mitigation policy, Education of
disadvantaged, Grant programs—social
programs, Head Start, Health care,
Monitoring, Safety, Vaccination.
Dated: June 20, 2023.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
Accordingly, the final rule amending
45 CFR part 1302, which was published
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
at 86 FR 68052, is adopted as final with
the following changes:
PART 1302—PROGRAM OPERATIONS
1. The authority citation for part 1302
continues to read as:
■
Authority: 42 U.S.C. 9801 et seq.
§ 1302.93
[Amended]
2. Amend § 1302.93 by removing
paragraphs (a)(1) and (2).
■
§ 1302.94
[Amended]
3. Amend § 1302.94 by removing
paragraphs (a)(1) and (2).
■
[FR Doc. 2023–13423 Filed 6–23–23; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 230615–0151; RTID 0648–
XC711]
Pacific Halibut Fisheries of the West
Coast; Management Measures for the
2023 Area 2A Pacific Halibut Directed
Commercial Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
harvest specifications and management
measures for the 2023 non-tribal
directed commercial Pacific halibut
fishery that operates south of Point
Chehalis, WA (46°53.30′ N lat.) in the
International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California.
Specifically, this final rule establishes
directed commercial fishing periods and
fishing period catch limits by vessel size
class for the 2023 fishing season. These
actions are intended to conserve Pacific
halibut and provide fishing opportunity
where available.
DATES: This rule is effective on June 26,
2023.
ADDRESSES: Additional information
regarding this action may be obtained by
contacting the Sustainable Fisheries
Division, NMFS West Coast Region, 500
W Ocean Blvd., Long Beach, CA 90802.
For information regarding all halibut
fisheries and general regulations not
contained in this rule, contact the
International Pacific Halibut
Commission, 2320 W Commodore Way,
Suite 300, Seattle, WA 98199–1287.
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Katie Davis, West Coast Region, NMFS,
(323) 372–2126, katie.davis@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of
1982 (Halibut Act), 16 U.S.C. 773–773k,
gives the Secretary of Commerce
(Secretary) general responsibility for
implementing the provisions of the
Convention between Canada and the
United States for the Preservation of the
Halibut Fishery of the North Pacific
Ocean and Bering Sea (Halibut
Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a
Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979). The Halibut Act requires that
the Secretary shall adopt regulations as
may be necessary to carry out the
purposes and objectives of the Halibut
Convention and Halibut Act. 16 U.S.C.
773c. The Assistant Administrator for
Fisheries, National Oceanic and
Atmospheric Administration (NOAA),
on behalf of the International Pacific
Halibut Commission (IPHC), publishes
annual management measures governing
the Pacific halibut fishery that have
been recommended by the IPHC and
accepted by the Secretary of State, with
concurrence from the Secretary of
Commerce. These management
measures include coastwide and areaspecific mortality limits (also known as
allocations and subarea allocations),
coastwide season dates, gear
restrictions, Pacific halibut size limits
for retention, and logbook requirements,
among others. The IPHC apportions
allocations for the Pacific halibut fishery
among regulatory areas: Area 2A
(Washington, Oregon, and California),
Area 2B (British Columbia), Area 2C
(Southeast Alaska), Area 3A (Central
Gulf of Alaska), Area 3B (Western Gulf
of Alaska), and Area 4 (subdivided into
5 areas, 4A through 4E, in the Bering
Sea and Aleutian Islands of Western
Alaska).
Additionally, as provided in the
Halibut Act, the Regional Fishery
Management Councils having authority
for the geographic area concerned may
develop, and the Secretary of Commerce
may implement, regulations governing
harvesting privileges among U.S.
fishermen in U.S. waters that are in
addition to, and not in conflict with,
approved IPHC regulations (16 U.S.C.
773c(c)). The Pacific Fishery
Management Council (Council) has
exercised this authority by developing a
catch sharing plan guiding the
allocation of halibut across the various
sectors and management of fisheries for
E:\FR\FM\26JNR1.SGM
26JNR1
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
the IPHC’s regulatory Area 2A. At its
annual meeting held January 22–27,
2023, the IPHC adopted an Area 2A
fishery constant exploitation yield
(FCEY) of 1.52 million pounds (689.46
metric tons (mt)) of Pacific halibut.
NMFS published this catch limit and
fishery allocations in the Federal
Register on March 7, 2023 (88 FR
14066), after acceptance by the
Secretary of State, with concurrence
from the Secretary of Commerce, in
accordance with 50 CFR 300.62. The
FCEY was derived from the total
constant exploitation yield (TCEY) of
1.65 million pounds for Area 2A, which
includes commercial discards and
bycatch estimates calculated using a
formula developed by the IPHC. Based
on this FCEY for Area 2A and the
allocation framework in the Council’s
catch sharing plan, the IPHC also
adopted a non-tribal directed
commercial fishing allocation of
257,819 pounds (116.94 mt).
On December 5, 2022, NMFS
published a final rule that established
NMFS’ authority to issue permits for
Area 2A halibut fisheries, as well as a
regulatory framework for the area 2A
directed commercial fishery (87 FR
74322). NMFS is implementing the
following 2023 harvest specifications
and management measures for the
directed commercial fishery based on
that regulatory framework.
2023 Directed Commercial Fishing
Periods
Fishing periods are the time during
the annual halibut season when directed
commercial fishing for Pacific halibut is
allowed, and may span multiple days.
Through this final rule NMFS is
establishing two fishing periods, both of
which are 58 hours in length. The first
fishing period begins on June 27, 2023,
at 8 a.m. and closes on June 29, 2023,
at 6 p.m. The second fishing period will
occur 2 weeks later, beginning on July
11, 2023, at 8 a.m. and closing on July
13, 2023, at 6 p.m. Following these two
fishing periods, if the fishery has not
attained nor is projected to have
attained the directed commercial
allocation, NMFS may determine that
subsequent fishing period(s) are
necessary to attain the allocation. Any
additional fishing period(s) and
applicable fishing period limits will be
announced in the Federal Register
through inseason action.
2023 Directed Commercial Vessel
Limits
A fishing period limit, or vessel limit,
is the maximum amount of Pacific
halibut that may be retained and landed
by a vessel during one fishing period.
Each vessel may retain no more than the
current fishing period limit of Pacific
halibut for its vessel class, which is
determined by vessel length (see Table
1). This final rule implements directed
commercial fishing period limits based
on the allocation for the directed
commercial fishery in Area 2A and the
41335
number of permits issued by vessel size
class. Vessel limits are determined by
vessel size class based on the number
and sizes of the vessels for which
permits were issued, as well as
historical participation, and are
intended to ensure that the Area 2A
directed commercial fishery does not
exceed the directed commercial
allocation, while also providing fair and
equitable access across participants to
an attainable amount of harvest. The
2023 Pacific halibut directed
commercial fishery permit application
deadline was February 14, 2023. NMFS
received 154 applications across eight
vessel size classes (A–H) and used that
information in determining the vessel
limits. If NMFS determines fishing
period(s) in addition to those in this
rule is warranted, NMFS will set the
fishing period limits equal across all
vessel classes. If NMFS determines that
the directed commercial fishery has
attained its annual allocation or is
projected to attain its allocation if
additional fishing was to be allowed, the
Regional Administrator will take action
to close the fishery.
2023 Non-Tribal Directed Commercial
Fishery Management Measures
The Area 2A non-tribal directed
commercial fishery south of Point
Chehalis, WA (46°53.30′ N lat.), will
open on June 27 at 8 a.m. and close on
June 29 at 6 p.m. and will open July 11
at 8 a.m. and close on July 13 at 6 p.m.
The fishery may be adjusted inseason
consistent with 50 CFR 300.63.
TABLE 1—VESSEL LIMITS BY SIZE CLASS FOR THE 2023 FIRST AND SECOND FISHING PERIODS OF THE AREA 2A PACIFIC
HALIBUT NON-TRIBAL DIRECTED COMMERCIAL FISHERY
Length range
(feet)
Vessel class
A .......................................................................................................................................................
B .......................................................................................................................................................
C ......................................................................................................................................................
D ......................................................................................................................................................
E .......................................................................................................................................................
F .......................................................................................................................................................
G ......................................................................................................................................................
H ......................................................................................................................................................
ddrumheller on DSK120RN23PROD with RULES1
NMFS published a proposed rule on
April 14, 2023 (88 FR 22992), and
received no public comments.
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the IPHC, the Council, the
North Pacific Fishery Management
Council, and the Secretary of
Commerce. Section 5 of the Halibut Act
(16 U.S.C. 773c(c)) allows the Regional
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
Council, having authority for a
particular geographical area, to develop
regulations governing the allocation and
catch of halibut in U.S. Convention
waters as long as those regulations do
not conflict with IPHC regulations.
This action is exempt from review
under E.O. 12866.
NMFS finds good cause to waive the
30-day delay in the date of effectiveness
and make the 2023 Area 2A directed
commercial fishery specifications (i.e.,
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
1–25
26–30
31–35
36–40
41–45
46–50
51–55
56+
Fishing period limit
(pounds)
2,716
2,716
2,716
4,092
4,092
5,454
5,454
6,136
fishing periods and vessel limits) in this
rule effective in time for the start of the
directed commercial Pacific halibut
fishery on June 27, 2023, pursuant to 5
U.S.C. 553(d)(3). The fishery
specifications in this rule follow the
established framework for annual
specifications for the IPHC regulatory
Area 2A directed commercial fishery at
50 CFR 300.63(e). Additionally, the
fishing periods and fishing period catch
limits in this rule are consistent with
E:\FR\FM\26JNR1.SGM
26JNR1
41336
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
how the fishery has been managed by
the IPHC in prior years. This final rule
specifies fishery management measures
only for the 2023 directed commercial
fishery and does not include changes to
the codified regulations.
Delaying the effective date of the
specifications would be contrary to the
public interest. A delay in the
effectiveness of these measures for 30
days would result in the fisheries not
opening on their intended timelines and
on the dates the affected public are
expecting—the directed commercial
fishery season dates and vessel limits
are consistent with how this fishery has
been managed and operated in recent
years, the framework for which was
established through a proposed (87 FR
44318; July 26, 2022) and final
rulemaking (87 FR 74322; December 5,
2022), following multiple public
meetings of the Council and the IPHC
where public comments were accepted.
If the commercial fisheries do not open
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
on their intended timeline, there will
likely be an opportunity cost for those
commercial entities that anticipated
these fishing dates, causing economic
harm. A delay in the start of the fishing
season may risk the ability to attain the
directed commercial allocation,
potentially affecting the ability for the
fisheries to attain the overall Area 2A
catch limit set by the IPHC.
Therefore, a delay in effectiveness of
the management measures would likely
cause economic harm to the commercial
fisheries. As a result of the harm to the
commercial fishery that could be caused
by delaying the effectiveness of these
management measures, NMFS finds
good cause to waive the 30-day delay in
the date of effectiveness and make the
specifications effective upon
publication in the Federal Register.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
PO 00000
Frm 00048
Fmt 4700
Sfmt 9990
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
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 this action.
Authority: 16 U.S.C. 773–773k.
Dated: June 15, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–13516 Filed 6–23–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41334-41336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13516]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230615-0151; RTID 0648-XC711]
Pacific Halibut Fisheries of the West Coast; Management Measures
for the 2023 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing harvest specifications and management
measures for the 2023 non-tribal directed commercial Pacific halibut
fishery that operates south of Point Chehalis, WA (46[deg]53.30' N
lat.) in the International Pacific Halibut Commission's regulatory Area
2A off Washington, Oregon, and California. Specifically, this final
rule establishes directed commercial fishing periods and fishing period
catch limits by vessel size class for the 2023 fishing season. These
actions are intended to conserve Pacific halibut and provide fishing
opportunity where available.
DATES: This rule is effective on June 26, 2023.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 500 W Ocean Blvd., Long Beach, CA 90802. For information
regarding all halibut fisheries and general regulations not contained
in this rule, contact the International Pacific Halibut Commission,
2320 W Commodore Way, Suite 300, Seattle, WA 98199-1287.
FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS,
(323) 372-2126, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C.
773-773k, gives the Secretary of Commerce (Secretary) general
responsibility for implementing the provisions of the Convention
between Canada and the United States for the Preservation of the
Halibut Fishery of the North Pacific Ocean and Bering Sea (Halibut
Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by
a Protocol Amending the Convention (signed at Washington, DC, on March
29, 1979). The Halibut Act requires that the Secretary shall adopt
regulations as may be necessary to carry out the purposes and
objectives of the Halibut Convention and Halibut Act. 16 U.S.C. 773c.
The Assistant Administrator for Fisheries, National Oceanic and
Atmospheric Administration (NOAA), on behalf of the International
Pacific Halibut Commission (IPHC), publishes annual management measures
governing the Pacific halibut fishery that have been recommended by the
IPHC and accepted by the Secretary of State, with concurrence from the
Secretary of Commerce. These management measures include coastwide and
area-specific mortality limits (also known as allocations and subarea
allocations), coastwide season dates, gear restrictions, Pacific
halibut size limits for retention, and logbook requirements, among
others. The IPHC apportions allocations for the Pacific halibut fishery
among regulatory areas: Area 2A (Washington, Oregon, and California),
Area 2B (British Columbia), Area 2C (Southeast Alaska), Area 3A
(Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4
(subdivided into 5 areas, 4A through 4E, in the Bering Sea and Aleutian
Islands of Western Alaska).
Additionally, as provided in the Halibut Act, the Regional Fishery
Management Councils having authority for the geographic area concerned
may develop, and the Secretary of Commerce may implement, regulations
governing harvesting privileges among U.S. fishermen in U.S. waters
that are in addition to, and not in conflict with, approved IPHC
regulations (16 U.S.C. 773c(c)). The Pacific Fishery Management Council
(Council) has exercised this authority by developing a catch sharing
plan guiding the allocation of halibut across the various sectors and
management of fisheries for
[[Page 41335]]
the IPHC's regulatory Area 2A. At its annual meeting held January 22-
27, 2023, the IPHC adopted an Area 2A fishery constant exploitation
yield (FCEY) of 1.52 million pounds (689.46 metric tons (mt)) of
Pacific halibut. NMFS published this catch limit and fishery
allocations in the Federal Register on March 7, 2023 (88 FR 14066),
after acceptance by the Secretary of State, with concurrence from the
Secretary of Commerce, in accordance with 50 CFR 300.62. The FCEY was
derived from the total constant exploitation yield (TCEY) of 1.65
million pounds for Area 2A, which includes commercial discards and
bycatch estimates calculated using a formula developed by the IPHC.
Based on this FCEY for Area 2A and the allocation framework in the
Council's catch sharing plan, the IPHC also adopted a non-tribal
directed commercial fishing allocation of 257,819 pounds (116.94 mt).
On December 5, 2022, NMFS published a final rule that established
NMFS' authority to issue permits for Area 2A halibut fisheries, as well
as a regulatory framework for the area 2A directed commercial fishery
(87 FR 74322). NMFS is implementing the following 2023 harvest
specifications and management measures for the directed commercial
fishery based on that regulatory framework.
2023 Directed Commercial Fishing Periods
Fishing periods are the time during the annual halibut season when
directed commercial fishing for Pacific halibut is allowed, and may
span multiple days. Through this final rule NMFS is establishing two
fishing periods, both of which are 58 hours in length. The first
fishing period begins on June 27, 2023, at 8 a.m. and closes on June
29, 2023, at 6 p.m. The second fishing period will occur 2 weeks later,
beginning on July 11, 2023, at 8 a.m. and closing on July 13, 2023, at
6 p.m. Following these two fishing periods, if the fishery has not
attained nor is projected to have attained the directed commercial
allocation, NMFS may determine that subsequent fishing period(s) are
necessary to attain the allocation. Any additional fishing period(s)
and applicable fishing period limits will be announced in the Federal
Register through inseason action.
2023 Directed Commercial Vessel Limits
A fishing period limit, or vessel limit, is the maximum amount of
Pacific halibut that may be retained and landed by a vessel during one
fishing period. Each vessel may retain no more than the current fishing
period limit of Pacific halibut for its vessel class, which is
determined by vessel length (see Table 1). This final rule implements
directed commercial fishing period limits based on the allocation for
the directed commercial fishery in Area 2A and the number of permits
issued by vessel size class. Vessel limits are determined by vessel
size class based on the number and sizes of the vessels for which
permits were issued, as well as historical participation, and are
intended to ensure that the Area 2A directed commercial fishery does
not exceed the directed commercial allocation, while also providing
fair and equitable access across participants to an attainable amount
of harvest. The 2023 Pacific halibut directed commercial fishery permit
application deadline was February 14, 2023. NMFS received 154
applications across eight vessel size classes (A-H) and used that
information in determining the vessel limits. If NMFS determines
fishing period(s) in addition to those in this rule is warranted, NMFS
will set the fishing period limits equal across all vessel classes. If
NMFS determines that the directed commercial fishery has attained its
annual allocation or is projected to attain its allocation if
additional fishing was to be allowed, the Regional Administrator will
take action to close the fishery.
2023 Non-Tribal Directed Commercial Fishery Management Measures
The Area 2A non-tribal directed commercial fishery south of Point
Chehalis, WA (46[deg]53.30' N lat.), will open on June 27 at 8 a.m. and
close on June 29 at 6 p.m. and will open July 11 at 8 a.m. and close on
July 13 at 6 p.m. The fishery may be adjusted inseason consistent with
50 CFR 300.63.
Table 1--Vessel Limits by Size Class for the 2023 First and Second
Fishing Periods of the Area 2A Pacific Halibut Non-Tribal Directed
Commercial Fishery
------------------------------------------------------------------------
Fishing period limit
Vessel class Length range (feet) (pounds)
------------------------------------------------------------------------
A........................... 1-25 2,716
B........................... 26-30 2,716
C........................... 31-35 2,716
D........................... 36-40 4,092
E........................... 41-45 4,092
F........................... 46-50 5,454
G........................... 51-55 5,454
H........................... 56+ 6,136
------------------------------------------------------------------------
NMFS published a proposed rule on April 14, 2023 (88 FR 22992), and
received no public comments.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
Halibut Act (16 U.S.C. 773c(c)) allows the Regional Council, having
authority for a particular geographical area, to develop regulations
governing the allocation and catch of halibut in U.S. Convention waters
as long as those regulations do not conflict with IPHC regulations.
This action is exempt from review under E.O. 12866.
NMFS finds good cause to waive the 30-day delay in the date of
effectiveness and make the 2023 Area 2A directed commercial fishery
specifications (i.e., fishing periods and vessel limits) in this rule
effective in time for the start of the directed commercial Pacific
halibut fishery on June 27, 2023, pursuant to 5 U.S.C. 553(d)(3). The
fishery specifications in this rule follow the established framework
for annual specifications for the IPHC regulatory Area 2A directed
commercial fishery at 50 CFR 300.63(e). Additionally, the fishing
periods and fishing period catch limits in this rule are consistent
with
[[Page 41336]]
how the fishery has been managed by the IPHC in prior years. This final
rule specifies fishery management measures only for the 2023 directed
commercial fishery and does not include changes to the codified
regulations.
Delaying the effective date of the specifications would be contrary
to the public interest. A delay in the effectiveness of these measures
for 30 days would result in the fisheries not opening on their intended
timelines and on the dates the affected public are expecting--the
directed commercial fishery season dates and vessel limits are
consistent with how this fishery has been managed and operated in
recent years, the framework for which was established through a
proposed (87 FR 44318; July 26, 2022) and final rulemaking (87 FR
74322; December 5, 2022), following multiple public meetings of the
Council and the IPHC where public comments were accepted. If the
commercial fisheries do not open on their intended timeline, there will
likely be an opportunity cost for those commercial entities that
anticipated these fishing dates, causing economic harm. A delay in the
start of the fishing season may risk the ability to attain the directed
commercial allocation, potentially affecting the ability for the
fisheries to attain the overall Area 2A catch limit set by the IPHC.
Therefore, a delay in effectiveness of the management measures
would likely cause economic harm to the commercial fisheries. As a
result of the harm to the commercial fishery that could be caused by
delaying the effectiveness of these management measures, NMFS finds
good cause to waive the 30-day delay in the date of effectiveness and
make the specifications effective upon publication in the Federal
Register.
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. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
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
this action.
Authority: 16 U.S.C. 773-773k.
Dated: June 15, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-13516 Filed 6-23-23; 8:45 am]
BILLING CODE 3510-22-P
