[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35013-35014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09350]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240304-0068; RTID 0648-XD853]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawl 
Sablefish 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; modification of closure.

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SUMMARY: NMFS is opening directed fishing for sablefish by vessels 
using trawl gear in the Bering Sea subarea and the Aleutian Islands 
subarea of the Bering Sea and Aleutian Islands Management Area (BSAI). 
This action is necessary to fully use the 2024 sablefish total 
allowable catch (TAC) allocated to vessels using trawl gear in the 
Bering Sea subarea and the Aleutian Islands subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 1, 2024, 
through 2400 hours, A.l.t., December 31, 2024. Comments must be 
received at the following address (see ADDRESSES) no later than 4:30 
p.m., A.l.t., May 15, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0124, 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-2023-0124 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 ``NA'' 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 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.
    Pursuant to the final 2024 and 2025 harvest specifications for 
groundfish in the BSAI (89 FR 17287, March 11, 2024) NMFS closed 
directed fishing for sablefish using trawl gear in the Bering Sea 
subarea and the Aleutian Islands subarea of the BSAI under Sec.  
679.20(d)(1)(iii).
    As of April 24, 2024, NMFS has determined that approximately 3,380 
metric tons (mt) in the Bering Sea subarea and 1,780 mt in the Aleutian 
Islands subarea of sablefish initial TAC allocated to trawl gear 
remains unharvested. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the 2024 sablefish TAC allocated to trawl in the Bering Sea subarea and 
the Aleutian Islands subarea of the BSAI, NMFS is terminating the 
previous closure and is opening directed fishing for sablefish by 
vessels using trawl gear in the Bering Sea subarea and the Aleutian 
Islands subarea of the BSAI. This will enhance the socioeconomic well-
being of harvesters in this area. The Administrator, Alaska Region 
(Regional Administrator) considered the following factors in reaching 
this decision: (1) the current catch of sablefish allocated to trawl 
gear in the Bering Sea subarea and the Aleutian Islands subarea of the 
BSAI; and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels in participating in this fishery.

[[Page 35014]]

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 sablefish by vessels using trawl gear in the Bering Sea 
subarea and 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 April 24, 2024.
    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 sablefish by vessels using trawl gear in Bering Sea subarea and the 
Aleutian Islands subarea of the BSAI to be harvested in an expedient 
manner and in accordance 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 May 15, 2024.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 25, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-09350 Filed 4-30-24; 8:45 am]
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