[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Page 39203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12836]



[[Page 39203]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XC988]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, Alaska Plaice, and Other Flatfish in the Herring Savings 
Areas 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 rock sole, flathead 
sole, Alaska plaice, and other flatfish by vessels using trawl gear in 
the Herring Savings Areas of the Bering Sea and Aleutian Islands 
(BSAI). This action is necessary to prevent exceeding the 2023 herring 
bycatch allowance specified for the rock sole, flathead sole, Alaska 
plaice, and other flatfish fisheries in the BSAI. This action includes 
prohibiting directed fishing for rock sole, flathead sole, other 
flatfish by vessels participating in the Community Development Quota 
Program.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 15, 2023, 
through 1200 hours, A.l.t., March 1, 2024.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 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 2023 herring bycatch allowance specified for the rock sole, 
flathead sole, Alaska plaice, and other flatfish fisheries in the BSAI 
is 99 metric tons as established by the final 2023 and 2024 harvest 
specifications for groundfish in the BSAI (88 FR 14926, March 10, 
2023).
    The Administrator, Alaska Region, and NMFS, has determined that the 
2023 herring bycatch allowance specified for the rock sole, flathead 
sole, Alaska plaice, and other flatfish fisheries in the BSAI has been 
caught. Consequently, in accordance with Sec.  679.21(e)(7)(vi), NMFS 
is closing directed fishing for rock sole, flathead sole, Alaska 
plaice, and other flatfish by vessels using trawl gear in the three 
Herring Savings Areas of the BSAI. The Summer Herring Savings Area 1 is 
that part of the Bering Sea subarea that is south of 57[deg]N latitude 
and between 162[deg]W longitude and 164[deg]W longitude from 1200 
hours, A.l.t., June 15, 2023 through 1200 hours, A.l.t., July 1, 2023. 
The Summer Herring Savings Area 2 is that part of the Bering Sea 
subarea that is south of 56[deg]30''N latitude and between 164[deg]W 
longitude and 167[deg]W longitude from 1200 hours, A.l.t., July 1, 2023 
through 1200 hours A.l.t., August 15, 2023. The Winter Herring Savings 
Area is that part of the Bering Sea subarea that is between of 58[deg] 
and 60[deg]N latitude and between 172[deg]W longitude and 175[deg]W 
longitude from 1200 hours, A.l.t., September 1, 2023 through 1200 
hours, A.l.t., March 1, 2024.
    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 directed 
fishing for rock sole, flathead sole, Alaska plaice, and other flatfish 
by vessels using trawl gear in the Summer and Winter Herring Savings 
Areas 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 June 9, 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: June 12, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12836 Filed 6-14-23; 8:45 am]
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