Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 66296-66297 [2023-21051]
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ddrumheller on DSK120RN23PROD with RULES1
66296
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations
be committed, any of the following acts
in regard to this species:
(i) Import or export, as set forth at
§ 17.21(b) for endangered wildlife.
(ii) Take, as set forth at § 17.21(c)(1)
for endangered wildlife.
(iii) Possession and other acts with
unlawfully taken specimens, as set forth
at § 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in
the course of commercial activity, as set
forth at § 17.21(e) for endangered
wildlife.
(v) Sale or offer for sale, as set forth
at § 17.21(f) for endangered wildlife.
(2) Exceptions from prohibitions. In
regard to this species, you may:
(i) Conduct activities as authorized by
a permit under § 17.32.
(ii) Take, as set forth at § 17.21(c)(2)
through (4) for endangered wildlife.
(iii) Take as set forth at § 17.31(b).
(iv) Take incidental to an otherwise
lawful activity caused by:
(A) Channel restoration or
improvement projects that create
natural, physically stable, ecologically
functioning streams (or stream and
wetland systems) that are reconnected
with their groundwater aquifers and, if
the projects involve known relict darter
spawning habitat, that take place
between June 30 and March 1. These
projects can be accomplished using a
variety of methods, but the desired
outcome is a natural channel with low
shear stress (force of water moving
against the channel); bank heights that
enable reconnection to the floodplain; a
reconnection of surface and
groundwater systems, resulting in
perennial flows in the channel; riffles
and pools composed of existing soil,
rock, and wood instead of large
imported materials; low compaction of
soils within adjacent riparian areas; and
inclusion of riparian wetlands.
(B) Streambank stabilization projects
that use bioengineering methods to
replace preexisting, bare, eroding stream
banks with vegetated, stable stream
banks, thereby reducing bank erosion
and instream sedimentation and
improving habitat conditions for the
species and, if the projects involve
known relict darter spawning habitat,
that take place between June 30 and
March 1. Stream banks may be
stabilized using native live stakes (live,
vegetative cuttings inserted or tamped
into the ground in a manner that allows
the stake to take root and grow), native
live fascines (live branch cuttings,
usually willows, bound together into
long, cigar-shaped bundles), or brush
layering (cuttings or branches of easily
rooted tree species layered between
successive lifts of soil fill). Stream banks
must not be stabilized through the use
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16:31 Sep 26, 2023
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of quarried rock (rip-rap) or the use of
rock baskets or gabion structures.
(C) Bridge and culvert replacement/
removal projects or low head dam
removal projects that remove migration
barriers or generally allow for improved
upstream and downstream movements
of relict darters while maintaining
normal stream flows, preventing bed
and bank erosion, and improving habitat
conditions for the species, if completed
between June 30 and March 1.
(D) Transportation projects that follow
best management practices that
eliminate sedimentation, do not block
stream flow, do not channelize streams,
and provide for fish passage under a
wide range of hydrologic conditions at
stream crossings and that are done
between June 30 and March 1.
(E) Projects carried out in the species’
range by the Natural Resources
Conservation Service, U.S. Department
of Agriculture, that:
(1) Do not alter habitats known to be
used by the relict darter beyond the
fish’s tolerances; and
(2) Are performed between June 30
and March 1 to avoid the time period
when the relict darter will be found
within its spawning habitat, if such
habitat is affected by the activity.
(v) Possess and engage in other acts
with unlawfully taken wildlife, as set
forth at § 17.21(d)(2) for endangered
wildlife.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–20945 Filed 9–26–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230306–0065; RTID 0648–
XD358]
Fisheries of the Exclusive Economic
Zone Off Alaska; Several Groundfish
Species in the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; apportionment
of reserves; request for comments.
AGENCY:
NMFS apportions amounts of
the non-specified reserve to the initial
total allowable catch (ITAC) of Bering
Sea (BS) Pacific ocean perch, Bering Sea
and Aleutian Islands (BSAI) Kamchatka
SUMMARY:
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flounder, BSAI northern rockfish, BSAI
sharks, and Central Aleutian Islands and
Western Aleutian Islands (CAI/WAI)
blackspotted/rougheye rockfish. This
action is necessary to allow the fisheries
to continue operating. It is intended to
promote the goals and objectives of the
fishery management plan for the BSAI
management area.
DATES: Effective September 26, 2023,
through 2400 hours, Alaska local time,
December 31, 2023. Comments must be
received at the following address no
later than 4:30 p.m., Alaska local time,
October 11, 2023.
ADDRESSES: You may submit comments
on this document, identified by docket
number 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 https://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:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the BSAI
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.
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Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations
The 2023 ITAC of BS Pacific ocean
perch was established as 10,118 metric
tons (mt), the 2023 ITAC of BSAI
Kamchatka flounder was established as
6,442 mt, the 2023 ITAC of BSAI
northern rockfish was established as
9,350 mt, the 2023 ITAC of BSAI sharks
was established as 213 mt, and the 2023
ITAC of CAI/WAI blackspotted/
rougheye rockfish was established as
141 mt by the final 2023 and 2024
harvest specifications for groundfish of
the BSAI (88 FR 14926, March 10, 2023)
and correction (88 FR 18258, March 28,
2023). In accordance with § 679.20(a)(3)
the Regional Administrator, Alaska
Region, NMFS, has reviewed the most
current available data and finds that the
ITACs for BS Pacific ocean perch, BSAI
Kamchatka flounder, BSAI northern
rockfish, BSAI sharks, and CAI/WAI
blackspotted/rougheye rockfish need to
be supplemented from the non-specified
reserve to promote efficiency in the
utilization of fishery resources in the
BSAI and allow fishing operations to
continue.
Therefore, in accordance with
§ 679.20(b)(3), NMFS apportions from
the non-specified reserve of groundfish
to ITACs in the BSAI management area
as follows: 1,785 mt to BS Pacific ocean
perch, 1,137 mt to BSAI Kamchatka
flounder, 1,650 mt to BSAI northern
rockfish, 120 mt to BSAI sharks, and 25
mt to CAI/WAI blackspotted/rougheye
rockfish. These apportionments are
consistent with § 679.20(b)(1)(i) and do
not result in overfishing of any target
species because the revised ITACs and
total allowable catches (TACs) are equal
to or less than the specifications of the
acceptable biological catch in the final
2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926,
March 10, 2023) and correction (88 FR
18258, March 28, 2023).
The harvest specification for the 2023
ITACs and TACs included in the harvest
specifications for groundfish in the
BSAI are revised as follows 11,903 mt
for BS Pacific ocean perch, 7,579 mt for
BSAI Kamchatka flounder, 11,000 mt for
BSAI northern rockfish, 333 mt for BSAI
sharks, and 166 mt for CAI/WAI
blackspotted/rougheye rockfish.
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
16:31 Sep 26, 2023
Jkt 259001
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 apportionment of
the non-specified reserves of groundfish
to BS Pacific ocean perch, BSAI
Kamchatka flounder, BSAI northern
rockfish, BSAI sharks, and CAI/WAI
blackspotted/rougheye rockfish. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of September
5, 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.
Under § 679.20(b)(3)(iii), interested
persons are invited to submit written
comments on this action (see
ADDRESSES) until October 11, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 22, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21051 Filed 9–26–23; 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–
XD359]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of Atka
Mackerel in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of the 2023
Atka mackerel incidental catch
allowance (ICA) for the Bering Sea
SUMMARY:
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66297
subarea and Eastern Aleutian district
(BS/EAI) to the Amendment 80
cooperative allocation for the BS/EAI in
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to allow the 2023 total
allowable catch of Atka mackerel in the
BSAI to be fully harvested.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), September 25, 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 Atka mackerel ICA for the
BS/EAI is 800 metric tons (mt) and the
2023 Atka mackerel total allowable
catch allocated to the Amendment 80
cooperative for the BS/EAI is 21,083 mt
as established by the final 2023 and
2024 harvest specifications for
groundfish in the BSAI (88 FR 14926,
March 10, 2023) and correction (88 FR
18258, March 28, 2023).
The Administrator, Alaska Region,
NMFS, has determined that 700 mt of
the Atka mackerel ICA for the BS/EAI
will not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 700 mt of Atka mackerel
from the BS/EAI ICA to the BS/EAI
Amendment 80 cooperative allocation
in the BSAI. In accordance with
§ 679.91(f), NMFS will reissue the
cooperative quota permit for the
reallocated Atka mackerel following the
procedures set forth in § 679.91(f)(3).
The harvest specifications for Atka
mackerel included in the harvest
specifications for groundfish in the
BSAI (88 FR 14926, March 10, 2023)
and corrected (88 FR 18258, March 28,
2023) are revised as follows: 100 mt of
Atka mackerel for the BS/EAI ICA and
21,783 mt of Atka mackerel for the
Amendment 80 cooperative allocation
for the BS/EAI. Table 6 is revised and
republished in its entirety as follows:
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]]>Agencies
[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66296-66297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21051]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD358]
Fisheries of the Exclusive Economic Zone Off Alaska; Several
Groundfish Species in the Bering Sea and Aleutian Islands Management
Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; apportionment of reserves; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean
perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, BSAI
northern rockfish, BSAI sharks, and Central Aleutian Islands and
Western Aleutian Islands (CAI/WAI) blackspotted/rougheye rockfish. This
action is necessary to allow the fisheries to continue operating. It is
intended to promote the goals and objectives of the fishery management
plan for the BSAI management area.
DATES: Effective September 26, 2023, through 2400 hours, Alaska local
time, December 31, 2023. Comments must be received at the following
address no later than 4:30 p.m., Alaska local time, October 11, 2023.
ADDRESSES: You may submit comments on this document, identified by
docket number 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
https://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: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the BSAI 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.
[[Page 66297]]
The 2023 ITAC of BS Pacific ocean perch was established as 10,118
metric tons (mt), the 2023 ITAC of BSAI Kamchatka flounder was
established as 6,442 mt, the 2023 ITAC of BSAI northern rockfish was
established as 9,350 mt, the 2023 ITAC of BSAI sharks was established
as 213 mt, and the 2023 ITAC of CAI/WAI blackspotted/rougheye rockfish
was established as 141 mt by the final 2023 and 2024 harvest
specifications for groundfish of the BSAI (88 FR 14926, March 10, 2023)
and correction (88 FR 18258, March 28, 2023). In accordance with Sec.
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has
reviewed the most current available data and finds that the ITACs for
BS Pacific ocean perch, BSAI Kamchatka flounder, BSAI northern
rockfish, BSAI sharks, and CAI/WAI blackspotted/rougheye rockfish need
to be supplemented from the non-specified reserve to promote efficiency
in the utilization of fishery resources in the BSAI and allow fishing
operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish to ITACs in the BSAI
management area as follows: 1,785 mt to BS Pacific ocean perch, 1,137
mt to BSAI Kamchatka flounder, 1,650 mt to BSAI northern rockfish, 120
mt to BSAI sharks, and 25 mt to CAI/WAI blackspotted/rougheye rockfish.
These apportionments are consistent with Sec. 679.20(b)(1)(i) and do
not result in overfishing of any target species because the revised
ITACs and total allowable catches (TACs) are equal to or less than the
specifications of the acceptable biological catch in the final 2023 and
2024 harvest specifications for groundfish in the BSAI (88 FR 14926,
March 10, 2023) and correction (88 FR 18258, March 28, 2023).
The harvest specification for the 2023 ITACs and TACs included in
the harvest specifications for groundfish in the BSAI are revised as
follows 11,903 mt for BS Pacific ocean perch, 7,579 mt for BSAI
Kamchatka flounder, 11,000 mt for BSAI northern rockfish, 333 mt for
BSAI sharks, and 166 mt for CAI/WAI blackspotted/rougheye rockfish.
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 apportionment of the non-
specified reserves of groundfish to BS Pacific ocean perch, BSAI
Kamchatka flounder, BSAI northern rockfish, BSAI sharks, and CAI/WAI
blackspotted/rougheye rockfish. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of September 5, 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.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES) until October
11, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 22, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21051 Filed 9-26-23; 8:45 am]
BILLING CODE 3510-22-P
