[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Rules and Regulations]
[Pages 3048-3049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00984]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022; RTID 0648-XB721]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Trawl Gear 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; closure.

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

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the A season apportionment of the 2022 Pacific cod 
total allowable catch (TAC) allocated to AFA trawl catcher/processors 
in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 
2022, through 1200 hours, A.l.t., April 1, 2022.

[[Page 3049]]


FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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.
    The A season apportionment of the 2022 Pacific cod TAC allocated to 
AFA trawl catcher/processors in the BSAI is 2,315 metric tons (mt) as 
established by the final 2021 and 2022 harvest specifications for 
groundfish in the BSAI (86 FR 11449, February 25, 2021) and inseason 
adjustment (86 FR 74389, December 30, 2021).
    In accordance with Sec. Sec.  679.20(d)(1)(i) and 
679.20(d)(1)(ii)(B), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the A season apportionment of the 
2022 Pacific cod TAC allocated to AFA trawl catcher/processors in the 
BSAI is necessary to account for the incidental catch in other 
anticipated fisheries. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 0 mt and is setting aside 
the remaining 2,315 mt as incidental catch to support other anticipated 
groundfish fisheries. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
Pacific cod by AFA trawl catcher/processors in the BSAI.
    While this closure is effective the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

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 closure of Pacific cod by 
AFA trawl catcher/processors 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 January 10, 2022.
    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: January 12, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-00984 Filed 1-14-22; 4:15 pm]
BILLING CODE 3510-22-P