[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55419-55420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD127]


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Rockfish'' in the Aleutian Islands 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 retention of ``other rockfish'' in the 
Aleutian Islands subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary because the 2023 
``other rockfish'' total allowable catch (TAC) in the Aleutian Islands 
subarea of the BSAI has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 12, 
2023, through 2400 hours, A.l.t., December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

[[Page 55420]]


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 ``other rockfish'' TAC in the Aleutian Islands subarea of 
the BSAI is 380 metric tons (mt) as established by the final 2023 and 
2024 harvest specifications for groundfish in the BSAI (88 FR 14926, 
March 10, 2023). In accordance with Sec.  679.20(d)(2), the 
Administrator, Alaska Region, NMFS (Regional Administrator) has 
determined that the 2023 ``other rockfish'' TAC in the Aleutian Islands 
subarea of the BSAI has been reached. Therefore, NMFS is requiring that 
``other rockfish'' in the Aleutian Islands subarea 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 ``other 
rockfish'' species in the Aleutian Islands subarea 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 prohibiting retention of 
``other rockfish'' in the Aleutian Islands subarea 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 
August 9, 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: August 10, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-17489 Filed 8-11-23; 8:45 am]
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