[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73257-73258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26029]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054]
RTID 0648-XC583


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Bering Sea 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2022 Pacific ocean perch total allowable catch (TAC) in the Bering 
Sea subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 23, 
2022, through 2400 hours, A.l.t., December 31, 2022.

[[Page 73258]]


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 Pacific ocean perch TAC in the Bering Sea subarea of the 
BSAI is 10,352 metric tons (mt) as established by the final 2022 and 
2023 harvest specifications for groundfish in the BSAI and groundfish 
reserve apportionment (87 FR 11626, March 2, 2022, and 87 FR 66611, 
November 4, 2022).
    The Regional Administrator has determined that the 2022 initial 
total allowable catch (ITAC) for Pacific ocean perch in the Bering Sea 
subarea of the BSAI will soon be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 10,282 
mt, and is setting aside the remaining 70 mt as bycatch to support 
other anticipated groundfish fisheries. Consequently, in accordance 
with Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed fishing for 
Pacific ocean perch in the Bering Sea subarea of the BSAI. While this 
closure remains in effect, 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 Pacific ocean 
perch Bering Sea subarea 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 November 21, 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: November 23, 2022.
Sasha Ann Pryborowski,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26029 Filed 11-23-22; 4:15 pm]
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