[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Rules and Regulations]
[Pages 43220-43221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC083]


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.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Bering Sea and Aleutian Islands 
(BSAI) Kamchatka flounder 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 July 15, 2022, through 2400 hours, Alaska local time, 
December 31, 2022. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, August 4, 2022.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2022-0076, 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-2022-0076 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Anne Marie Eich, Acting 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 
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. 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 2022 ITAC of BSAI Kamchatka flounder was established as 7,832 
metric tons (mt) and the 2022 ITAC of CAI/WAI blackspotted/rougheye 
rockfish was established as 150 mt by the final 2022 and 2023 harvest 
specifications for groundfish of the BSAI (87 FR 11626, March 2, 2022). 
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 BSAI Kamchatka flounder 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: 1,382 mt to BSAI Kamchatka flounder and 27 
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 2022 and 2023 harvest 
specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022).
    The harvest specification for the 2022 ITACs and TACs included in 
the harvest

[[Page 43221]]

specifications for groundfish in the BSAI are revised as follows 9,214 
mt for BSAI Kamchatka flounder and 177 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 the BSAI Kamchatka flounder 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 June 25, 2022.
    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 August 4, 
2022.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 15, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-15510 Filed 7-15-22; 4:15 pm]
BILLING CODE 3510-22-P