[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Page 80996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25728]



[[Page 80996]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD525]


Fisheries of the Exclusive Economic Zone Off Alaska; Two 
Groundfish Species in the Bering Sea and Aleutian Islands Management 
Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Alaska plaice and skates in the 
Bering Sea and Aleutian Islands (BSAI) management area. This action is 
necessary to allow the fisheries to continue operating. It is intended 
to promote the goals and objectives of the fishery management plan for 
the BSAI management area.

DATES: Effective November 20, 2023, through 2400 hours, Alaska local 
time, December 31, 2023. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, December 5, 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 Gretchen Harrington, 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 
https://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 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the BSAI 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 parts 600 and 679.
    The 2023 ITAC of Alaska plaice in the BSAI was established as 
14,875 metric tons (mt) and the 2023 ITAC of skates in the BSAI was 
established as 23,325 mt by the final 2023 and 2024 harvest 
specifications for groundfish of the BSAI (88 FR 14926, March 10, 
2023), correction (88 FR 18258, March 28, 2023), and revision (88 FR 
66296, September 27, 2023). In accordance with Sec.  679.20(a)(3) the 
Regional Administrator, Alaska Region, NMFS, has reviewed the most 
current available data and finds that the ITACs for Alaska plaice and 
skates in the BSAI need to be supplemented from the non-specified 
reserve to promote efficiency in the utilization of fishery resources 
in the BSAI and allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish to ITACs in the BSAI 
management area as follows: 3,000 mt to Alaska plaice and 4,000 mt to 
skates. These apportionments are consistent with Sec.  679.20(b)(1)(i) 
and do not result in overfishing of any target species because the 
revised ITACs and total allowable catches (TACs) are equal to or less 
than the specifications of the acceptable biological catch in the final 
2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 
14926, March 10, 2023), correction (88 FR 18258, March 28, 2023), and 
revision (88 FR 66296, September 27, 2023).
    The harvest specification for the 2023 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: 17,875 mt for Alaska plaice and 27,325 mt for skates in the 
BSAI.

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 apportionment of the non-
specified reserves of groundfish to Alaska plaice and skates 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 November 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
5, 2023.

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

    Dated: November 15, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-25728 Filed 11-20-23; 8:45 am]
BILLING CODE 3510-22-P