[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 3510-22-P