Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted and Rougheye Rockfish in the Central Aleutian and Western Aleutian Districts of the Bering Sea and Aleutian Islands Management Area, 44739 [2023-14820]

Download as PDF Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Rules and Regulations consistent with these Federal actions. As provided by the inseason notice procedures at 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the time the actions became effective, by telephone hotline numbers 206–526–6667 and 800–662–9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF–FM and 2182 kHz. Classification ddrumheller on DSK120RN23PROD with RULES1 NMFS issues these actions pursuant to section 305(d) of the MagnusonStevens Fishery Conservation and Management Act (MSA). These actions are authorized by 50 CFR 660.409, which was issued pursuant to section 304(b) of the MSA, and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(3)(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. Prior notice and opportunity for public comment on this action was impracticable because NMFS had insufficient time to provide for prior notice and the opportunity for public comment between the time Chinook and coho salmon abundance, catch, and effort information were developed and fisheries impacts were calculated, and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best scientific information available. As previously noted, actual notice of the regulatory action was provided to fishers through telephone hotlines and radio notifications. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (88 FR 30235, May 11, 2023), the Pacific Salmon Fishery Management Plan (FMP), and regulations implementing the FMP under 50 CFR 660.409 and 660.411. There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date, as a delay in effectiveness of this action would allow fishing at levels inconsistent with the goals of the FMP and the current management measures. Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 15:36 Jul 12, 2023 Jkt 259001 Dated: July 6, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–14721 Filed 7–12–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 230306–0065] RTID 0648–XD147 Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted and Rougheye Rockfish in the Central Aleutian and Western Aleutian Districts 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 retention of blackspotted and rougheye rockfish in the Central Aleutian and Western Aleutian districts (CAI/WAI) of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2023 blackspotted and rougheye rockfish initial total allowable catch (ITAC) in the CAI/WAI of the BSAI has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 10, 2023, through 2400 hours, A.l.t., December 31, 2023. 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 (Magnuson-Stevens 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 blackspotted and rougheye rockfish ITAC in the CAI/WAI of the SUMMARY: PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 44739 BSAI is 141 metric tons (mt) as established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023 and 88 FR 18258, March 28, 2023). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2023 blackspotted and rougheye rockfish ITAC in the CAI/ WAI of the BSAI has been reached. Therefore, NMFS is requiring that blackspotted and rougheye rockfish in the CAI/WAI of the BSAI be treated in the same manner as a prohibited species, as described under § 679.21(a), for the remainder of the year, except blackspotted and rougheye rockfish species in the CAI/WAI caught by catcher vessels using hook-and-line, pot, or jig gear as described in § 679.20(j). 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 prohibited retention of blackspotted and rougheye rockfish in the CAI/WAI 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 July 7, 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: July 7, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–14820 Filed 7–10–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Page 44739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14820]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XD147


Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted 
and Rougheye Rockfish in the Central Aleutian and Western Aleutian 
Districts 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.

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SUMMARY: NMFS is prohibiting retention of blackspotted and rougheye 
rockfish in the Central Aleutian and Western Aleutian districts (CAI/
WAI) of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary because the 2023 blackspotted and rougheye 
rockfish initial total allowable catch (ITAC) in the CAI/WAI of the 
BSAI has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 10, 2023, 
through 2400 hours, A.l.t., December 31, 2023.

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 (Magnuson-
Stevens 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 blackspotted and rougheye rockfish ITAC in the CAI/WAI of 
the BSAI is 141 metric tons (mt) as established by the final 2023 and 
2024 harvest specifications for groundfish in the BSAI (88 FR 14926, 
March 10, 2023 and 88 FR 18258, March 28, 2023). In accordance with 
Sec.  679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the 2023 blackspotted and rougheye 
rockfish ITAC in the CAI/WAI of the BSAI has been reached. Therefore, 
NMFS is requiring that blackspotted and rougheye rockfish in the CAI/
WAI of the BSAI be treated in the same manner as a prohibited species, 
as described under Sec.  679.21(a), for the remainder of the year, 
except blackspotted and rougheye rockfish species in the CAI/WAI caught 
by catcher vessels using hook-and-line, pot, or jig gear as described 
in Sec.  679.20(j).

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 prohibited retention of 
blackspotted and rougheye rockfish in the CAI/WAI 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 July 7, 
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: July 7, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-14820 Filed 7-10-23; 4:15 pm]
BILLING CODE 3510-22-P
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