[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Rules and Regulations]
[Pages 42032-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13896]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD117]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in 
the Bering Sea 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 non-Community 
Development Quota (CDQ) sablefish by vessels using trawl gear in the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 2023 
non-CDQ sablefish initial total allowable catch (ITAC) by vessels using 
trawl gear in the Bering Sea subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 27, 2023, 
through 2400 hours, A.l.t., December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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.
    The 2023 non-CDQ sablefish ITAC by vessels using trawl gear in the 
Bering Sea subarea of the BSAI is 3,398 metric tons (mt) as established 
by the final 2023 and 2024 harvest specifications for groundfish in the 
BSAI (88 FR 14926, March 10, 2023).
    The Regional Administrator has determined that the 2023 ITAC for 
non-CDQ sablefish by vessels using trawl gear in the Bering Sea subarea 
of the BSAI will soon be reached. Therefore, the Regional Administrator 
is establishing a directed fishing allowance of 1,100 mt, and is 
setting aside the remaining 2,298 mt as bycatch

[[Page 42033]]

to support other anticipated groundfish fisheries. In accordance with 
Sec.  679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance has been reached. Consequently, in 
accordance with Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed 
fishing for non-CDQ sablefish by vessels using trawl gear in the Bering 
Sea subarea of the BSAI. While this closure remains in effect, 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 non-CDQ 
sablefish by vessels using trawl gear in the Bering Sea subarea in 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 26, 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 26, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-13896 Filed 6-27-23; 4:15 pm]
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