[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Page 66611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24247]



[[Page 66611]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC510]


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 (BS) ``other 
rockfish,'' BS Pacific ocean perch, BS sablefish, and Bering Sea and 
Aleutian Islands (BSAI) skates. 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 November 2, 2022, through 12 a.m., Alaska local time, 
January 1, 2023. Comments must be received at the following address no 
later than 4:30 p.m., Alaska local time, November 17, 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 Josh Keaton, 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 BS ``other rockfish'' was established as 638 
metric tons (mt), the 2022 ITAC of BS Pacific ocean perch was 
established as 8,799 mt, the 2022 ITAC of BS sablefish was established 
as 4,343 mt, and the 2022 ITAC of BSAI skates was established as 25,500 
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 
BS ``other rockfish,'' BS Pacific ocean perch, BS sablefish, and BSAI 
skates 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: 281 mt to BS ``other rockfish,'' 1,553 mt 
to BS Pacific ocean perch, 197 mt to BS sablefish, and 5,600 mt to BSAI 
skates. 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 specifications for groundfish in the BSAI are revised as 
follows: 919 mt for BS ``other rockfish,'' 10,352 mt for BS Pacific 
ocean perch, 4,540 mt for BS sablefish, and 31,100 mt to BSAI skates.

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 BS ``other rockfish,'' BS 
Pacific ocean perch, BS sablefish, and BSAI skates. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of October 26, 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 November 
17, 2022.

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

    Dated: November 2, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-24247 Filed 11-2-22; 4:15 pm]
BILLING CODE 3510-22-P