[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Page 44739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14820]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XD147


Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted 
and Rougheye Rockfish in the Central Aleutian and Western Aleutian 
Districts 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.

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

SUMMARY: NMFS is prohibiting retention of blackspotted and rougheye 
rockfish in the Central Aleutian and Western Aleutian districts (CAI/
WAI) of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary because the 2023 blackspotted and rougheye 
rockfish initial total allowable catch (ITAC) in the CAI/WAI of the 
BSAI has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 10, 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 (Magnuson-
Stevens 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 blackspotted and rougheye rockfish ITAC in the CAI/WAI of 
the BSAI is 141 metric tons (mt) as established by the final 2023 and 
2024 harvest specifications for groundfish in the BSAI (88 FR 14926, 
March 10, 2023 and 88 FR 18258, March 28, 2023). In accordance with 
Sec.  679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the 2023 blackspotted and rougheye 
rockfish ITAC in the CAI/WAI of the BSAI has been reached. Therefore, 
NMFS is requiring that blackspotted and rougheye rockfish in the CAI/
WAI of the BSAI be treated in the same manner as a prohibited species, 
as described under Sec.  679.21(a), for the remainder of the year, 
except blackspotted and rougheye rockfish species in the CAI/WAI caught 
by catcher vessels using hook-and-line, pot, or jig gear as described 
in Sec.  679.20(j).

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 prohibited retention of 
blackspotted and rougheye rockfish in the CAI/WAI 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 July 7, 
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: July 7, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-14820 Filed 7-10-23; 4:15 pm]
BILLING CODE 3510-22-P