[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Rules and Regulations]
[Pages 26232-26233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09044]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XC961]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawl 
Sablefish in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 26233]]


ACTION: Temporary rule; modification of closure.

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SUMMARY: NMFS is opening directed fishing for sablefish by vessels 
using trawl gear in the Bering Sea subarea and the Aleutian Islands 
subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). 
This action is necessary to fully use the 2023 total allowable catch 
(TAC) of trawl sablefish in the Bering Sea subarea and the Aleutian 
Islands subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 1, 2023, 
through 2400 hours, A.l.t., December 31, 2023. Comments must be 
received at the following address (see ADDRESSES) no later than 4:30 
p.m., A.l.t., May 10, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0094, 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-2022-0094 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, 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: 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.
    Pursuant to the final 2023 and 2024 harvest specifications for 
groundfish in the BSAI (88 FR 14926, March 10, 2023), NMFS closed 
directed fishing for trawl sablefish in the Bering Sea subarea and the 
Aleutian Islands subarea of the BSAI under Sec.  679.20(d)(1)(iii).
    As of April 20, 2023, NMFS has determined that approximately 3,364 
metric tons (mt) and 1,794 mt of trawl sablefish initial TAC remains 
unharvested in the Bering Sea subarea and the Aleutian Islands subarea, 
respectively, of the BSAI. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the 2023 TAC of trawl sablefish in the Bering Sea subarea and the 
Aleutian Islands subarea of the BSAI, NMFS is terminating the previous 
closure and is opening directed fishing for sablefish by vessels using 
trawl gear in the Bering Sea subarea and the Aleutian Islands subarea 
of the BSAI. This will enhance the socioeconomic well-being of 
harvesters in this area. The Administrator, Alaska Region (Regional 
Administrator) considered the following factors in reaching this 
decision: (1) the current catch of trawl sablefish in the Bering Sea 
subarea and the Aleutian Islands subarea of the BSAI; and (2) the 
harvest capacity and stated intent on future harvesting patterns of 
vessels in participating in this fishery.

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 opening of directed 
fishing for trawl sablefish in the Bering Sea subarea and the Aleutian 
Islands 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 April 24, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for trawl sablefish in Bering Sea subarea and the Aleutian Islands 
subarea of the BSAI to be harvested in an expedient manner and in 
accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until May 10, 2023.

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

    Dated: April 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-09044 Filed 4-25-23; 4:15 pm]
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