[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46110-46111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD162]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in 
the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully use the 2023 
total allowable catch of Pacific ocean perch (POP) specified for the 
Bering Sea subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 15, 2023, 
through 2400 hours, A.l.t., December 31, 2023. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
August 3, 2023.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2022-0094, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e- Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0094 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to 
P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands management area (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.
    NMFS closed directed fishing for POP in the Bering Sea subarea of 
the BSAI under Sec.  679.20(d)(1)(iii) (88 FR 14926, March 10, 2023) 
and as corrected (88 FR 18258, March 28, 2023).
    NMFS has determined that approximately 4,500 metric tons of POP 
remain in the directed fishing allowance. Therefore, in accordance with 
Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 
utilize the 2023 total allowable catch of POP in the Bering Sea subarea 
of the BSAI, NMFS is terminating the previous closure and is opening 
directed fishing for POP in Bering Sea subarea of the BSAI, effective 
1200 hrs, A.l.t., July 15, 2023, through 2400 hrs, A.l.t., December 31, 
2023. This will enhance the socioeconomic well-being of harvesters 
dependent on POP in this area.
    The Administrator, Alaska Region considered the following factors 
in reaching this decision: (1) the current catch of POP in the BSAI 
and, (2) the harvest capacity and stated intent on future harvesting 
patterns of vessels participating in this fishery.

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 opening of directed 
fishing for POP in the Bering Sea subarea of the BSAI. NMFS was unable 
to publish a notification providing time for public comment because the 
most recent, relevant data only became available as of July 10, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific ocean perch in the Bering Sea subarea of the BSAI to be 
harvested in an expedient manner and in accordance

[[Page 46111]]

with the regulatory schedule. Under Sec.  679.25(c)(2), interested 
persons are invited to submit written comments on this action to the 
above address until [insert date 15 days after date of publication in 
the Federal Register].

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 14, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-15289 Filed 7-14-23; 4:15 pm]
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