[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Page 51932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18248]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC014]


Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka 
Flounder 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; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting directed fishing for Kamchatka flounder in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2022 Kamchatka flounder initial 
total allowable catch (ITAC) in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 20, 
2022, through 2400 hours, A.l.t., December 31, 2022.

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. 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 Kamchatka flounder ITAC in the BSAI is 9,214 metric tons 
(mt) as established by the final 2022 and 2023 harvest specifications 
for groundfish in the BSAI (87 FR 11626, March 2, 2022) and inseason 
action (87 FR 43220, July 20, 2022). In accordance with Sec.  
679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the 2022 Kamchatka flounder ITAC in 
the BSAI will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 8,214 mt, and is setting 
aside the remaining 1,000 mt as incidental catch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for Kamchatka flounder in the BSAI.
    While this closure is effective the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

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 closure of Kamchatka 
flounder in 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 18, 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.

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

    Dated: August 19, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-18248 Filed 8-19-22; 4:15 pm]
BILLING CODE 3510-22-P