[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41043-41044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket: 230616-0152]
RIN 0648-BL54
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for
Groundfish To Revise IFQ Program Regulations; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: This action corrects an inadvertent drafting error in final
regulations published in the Federal Register on February 27, 2023, and
effective on February 27, 2023. NMFS is correcting regulations to
revise the date after which only an eligible community resident of
Adak, Alaska may receive by transfer any individual fishing quota (IFQ)
held by a community quota entity (CQE) in the Aleutian Islands subarea.
In the final rule published on February 27, 2023, NMFS intended to
extend by five years the date after which only an eligible community
resident of Adak, AK may use or receive by transfer CQE IFQ. This
action completes the removal of the Adak CQE residency requirement for
a period of five years.
DATES: This rule is effective on June 23, 2023.
FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: The North Pacific Fishery Management Council
(Council) recommended and NMFS issued a final rule to implement
Amendment 124 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and
Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (GOA FMP) (88 FR 12259, February 27, 2023). One element of
that final rule temporarily removed the Adak CQE residency requirement
for a period of five years. The final rule's intent was to suspend the
residency requirement for five years for both transfer and use of CQE
IFQ. The final rule revised regulations at Sec. 679.42(e)(8)(ii) and
(f)(7)(ii) that otherwise limit the use of sablefish and halibut quota
share to eligible community residents of Adak, Alaska. However, the
final rule failed to make a corresponding revision at Sec.
679.41(g)(6)(ii).
This action is necessary to correct an inadvertent drafting error
in final regulations published on February 27, 2023. NMFS overlooked
revising a regulation related to the Adak residency requirement and
amending it to impose its suspension for a five-year period. This
action corrects that error and modifies regulations at Sec.
679.41(g)(6)(ii) to change the date after which only an eligible
community resident of Adak, Alaska may receive by transfer IFQ held by
a CQE in the Aleutian Islands subarea. This correcting amendment will
fully implement the removal of the Adak CQE residency requirement for a
period of five years as intended under
[[Page 41044]]
the final rule published on February 27, 2023.
Classification
NMFS is issuing this rule pursuant to 304(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). The NMFS
Assistant Administrator for Fisheries (AA) has determined that this
final rule is consistent with the BSAI and GOA FMPs and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds there is good cause to
waive prior notice and an opportunity for public comment on this
action, as notice and comment would be unnecessary and contrary to
public interest in clear and accurate regulations. This action corrects
an inadvertent error and makes necessary clarifications to the February
27, 2023 final rule (88 FR 12259). Expeditious correction of the error
and clarification is necessary to prevent confusion among participants
in the fishery, as the fishery has already begun. In addition, notice
and comment is unnecessary because this action makes only a minor
change to correct an inadvertent error in final regulations published
in the February 27, 2023 final rule (88 FR 12259). This correction will
not affect the results of analyses conducted to support management
decisions under the IFQ Program. This correction is consistent with the
Council's intent for regulations, and the public expected the
regulations to be written as they are in this correction. No change in
operating practices in the fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The change in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This notice makes only a
minor correction to the final rule which was effective February 27,
2023. Delaying effectiveness of this correction would result in
conflicting mandates in the regulations and confusion among fishery
participants.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Date: June 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.41, revise paragraph (g)(6)(ii) to read as follows:
Sec. 679.41 Transfer of quota shares and IFQ.
* * * * *
(g) * * *
(6) * * *
(ii) In the Aleutian Islands subarea may be used by any person who
has received an approved Application for Eligibility as described in
paragraph (d) of this section prior to February 28, 2028 and only by an
eligible community resident of Adak, AK, after February 28, 2028.
* * * * *
[FR Doc. 2023-13391 Filed 6-22-23; 8:45 am]
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