[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Page 3930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01170]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC684]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
in the Red King Crab Savings 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 groundfish by vessels 
using nonpelagic trawl gear in the Red King Crab Savings Subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary because the State of Alaska, Department of Fish and Game did 
not establish a guideline harvest level fishery for red king crab in 
the Bristol Bay area for the 2022/2023 fishing year.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 
2023, through 2400 hours, A.l.t., December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Abby Jahn, 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.
    In accordance with Sec.  679.21(e)(3)(ii)(B)(1), the Regional 
Administrator is prohibiting directed fishing for groundfish by vessels 
using nonpelagic trawl gear in the Red King Crab Saving Subarea of the 
BSAI. This action is necessary because the State of Alaska, Department 
of Fish and Game did not establish a guideline harvest level fishery 
for red king crab in the Bristol Bay area for the 2022/2023 fishing 
year.
    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 directed fishing closure 
of groundfish by vessels using nonpelagic trawl gear in the Red King 
Crab Savings Subarea of 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 January 17, 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.

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

    Dated: January 18, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-01170 Filed 1-18-23; 4:15 pm]
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