Fisheries of the Exclusive Economic Zone Off Alaska; “Other Rockfish” in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 55419-55420 [2023-17489]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
possession limit prescribed in
§§ 648.104(b), 648.105, and 648.106.
This determination is based on a
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission.
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■ 6. Revise § 648.127 to read as follows:
§ 648.127
season.
Scup recreational fishing
Fishermen and vessels that are not
eligible for a scup moratorium permit
under § 648.4(a)(6), may possess scup
from May 1 through December 31,
subject to the possession limit specified
in § 648.128(a). The recreational fishing
season may be adjusted pursuant to the
procedures in § 648.122. Should the
recreational fishing season be modified,
non-federally permitted scup vessels
abiding by state regulations may transit
with scup harvested from state waters
on board through the Block Island
Sound Transit Area following the
provisions outlined in § 648.131.
■ 7. In § 648.128, revise paragraph (a) to
read as follows:
§ 648.128
Scup possession restrictions.
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(a) No person shall possess more than
40 scup in, or harvested from, the EEZ
per trip unless that person is the owner
or operator of a fishing vessel issued a
scup moratorium permit, or is issued a
scup dealer permit. Persons aboard a
commercial vessel that is not eligible for
a scup moratorium permit are subject to
this possession limit. The owner,
operator, and crew of a charter or party
boat issued a scup moratorium permit
are subject to the possession limit when
carrying passengers for hire or when
carrying more than five crew members
for a party boat, or more than three crew
members for a charter boat. This
possession limit may be adjusted
pursuant to the procedures in § 648.122.
However, possession of scup harvested
from state waters above this possession
limit is allowed for state-only permitted
vessels when transiting Federal waters
within the Block Island Sound Transit
Area provided they follow the
provisions at § 648.131 and abide by
state regulations.
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■ 8. Revise § 648.146 as follows:
§ 648.146 Black sea bass recreational
fishing season.
Vessels that are not eligible for a black
sea bass moratorium permit under
§ 648.4(a)(7), and fishermen subject to
the possession limit specified in
§ 648.145(a), may only possess black sea
bass from May 15 through September 8,
unless otherwise specified in the
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conservation equivalent measures
described in § 648.151 or unless this
time period is adjusted pursuant to the
procedures in § 648.142. However,
possession of black sea bass harvested
from state waters outside of this season
is allowed for state-only permitted
vessels when transiting Federal waters
within the Block Island Sound Transit
Area provided they follow the
provisions at § 648.151 and abide by
state regulations.
9. In § 648.147, revise paragraph (b) to
read as follows:
■
§ 648.147 Black sea bass size
requirements.
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(b) Party/charter permitted vessels
and recreational fishery participants.
The minimum fish size for black sea
bass is 15 inches (38.1 cm) total length
for all vessels that do not qualify for a
black sea bass moratorium permit, and
for party boats holding a black sea bass
moratorium permit, if fishing with
passengers for hire or carrying more
than five crew members, and for charter
boats holding a black sea bass
moratorium permit, if fishing with more
than three crew members, unless
otherwise specified in the conservation
equivalent measures as described in
§ 648.151. However, possession of
smaller black sea bass harvested from
state waters is allowed for state-only
permitted vessels when transiting
Federal waters within the Block Island
Sound Transit Area provided they
follow the provisions at § 648.151 and
abide by state regulations.
10. Revise § 648.151 to read as
follows:
■
§ 648.151 Black sea bass conservation
equivalency.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by the states of Maine through North
Carolina for 2023 are the conservation
equivalent of the season, size limits, and
possession limit prescribed in
§§ 648.146, 648.147(b), and 648.145(a).
This determination is based on a
recommendation from the Black Sea
Bass Board of the Atlantic States Marine
Fisheries Commission.
(1) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels harvesting black sea bass in or
from the EEZ and subject to the
recreational fishing measures of this
part, landing black sea bass in a state
whose fishery management measures
are determined by the Regional
Administrator to be conservation
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55419
equivalent shall not be subject to the
more restrictive Federal measures,
pursuant to the provisions of § 648.4(b).
Those vessels shall be subject to the
recreational fishing measures
implemented by the state in which they
land.
(2) [Reserved]
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels registered in states and subject
to the recreational fishing measures of
this part, whose fishery management
measures are not determined by the
Regional Administrator to be the
conservation equivalent of the season,
size limits and possession limit
prescribed in §§ 648.146, 648.147(b),
and 648.145(a), respectively, due to the
lack of, or the reversal of, a
conservation-equivalent
recommendation from the Black Sea
Bass Board of the Atlantic States Marine
Fisheries Commission shall be subject to
the following precautionary default
measures: Season–June 1 through
August 31; minimum size—16 inches
(40.64 cm); and possession limit—2 fish.
[FR Doc. 2023–17121 Filed 8–14–23; 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–
XD127]
Fisheries of the Exclusive Economic
Zone Off Alaska; ‘‘Other Rockfish’’ in
the Aleutian Islands Subarea 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 ‘‘other rockfish’’ in the Aleutian
Islands subarea of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary because
the 2023 ‘‘other rockfish’’ total
allowable catch (TAC) in the Aleutian
Islands subarea of the BSAI has been
reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 12, 2023,
through 2400 hours, A.l.t., December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUMMARY:
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
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 ‘‘other rockfish’’ TAC in the
Aleutian Islands subarea of the BSAI is
380 metric tons (mt) as established by
the final 2023 and 2024 harvest
specifications for groundfish in the
BSAI (88 FR 14926, March 10, 2023). In
accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator) has
determined that the 2023 ‘‘other
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
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rockfish’’ TAC in the Aleutian Islands
subarea of the BSAI has been reached.
Therefore, NMFS is requiring that
‘‘other rockfish’’ in the Aleutian Islands
subarea 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 ‘‘other
rockfish’’ species in the Aleutian Islands
subarea 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
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NMFS from responding to the most
recent fisheries data in a timely fashion,
and would delay prohibiting retention
of ‘‘other rockfish’’ in 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 August 9, 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: August 10, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–17489 Filed 8–11–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55419-55420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17489]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD127]
Fisheries of the Exclusive Economic Zone Off Alaska; ``Other
Rockfish'' in the Aleutian Islands Subarea 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting retention of ``other rockfish'' in the
Aleutian Islands subarea of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary because the 2023
``other rockfish'' total allowable catch (TAC) in the Aleutian Islands
subarea of the BSAI has been reached.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 12,
2023, through 2400 hours, A.l.t., December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
[[Page 55420]]
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 ``other rockfish'' TAC in the Aleutian Islands subarea of
the BSAI is 380 metric tons (mt) as established by the final 2023 and
2024 harvest specifications for groundfish in the BSAI (88 FR 14926,
March 10, 2023). In accordance with Sec. 679.20(d)(2), the
Administrator, Alaska Region, NMFS (Regional Administrator) has
determined that the 2023 ``other rockfish'' TAC in the Aleutian Islands
subarea of the BSAI has been reached. Therefore, NMFS is requiring that
``other rockfish'' in the Aleutian Islands subarea 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 ``other
rockfish'' species in the Aleutian Islands subarea 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 prohibiting retention of
``other rockfish'' in 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
August 9, 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: August 10, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-17489 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-22-P
