[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Page 59730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21483]



[[Page 59730]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054;RTID 0648-XC364]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

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

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from trawl catcher vessels to catcher vessels greater than or equal 
to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear and to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to allow the 2022 total allowable catch (TAC) 
of Pacific cod to be harvested.

DATES: Effective September 29, 2022, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2022.

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

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. 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 2022 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 28,855 metric tons (mt) as established by the final 2022 and 
2023 harvest specifications for groundfish in the BSAI (87 FR 11626, 
March 2, 2022) and reallocation (87 FR 51004, August 19, 2022).
    The 2022 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 11,216 
mt as established by the final 2022 and 2023 harvest specifications for 
groundfish in the BSAI (87 FR 11626, March 2, 2022).
    The 2022 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 5,518 
mt as established by final 2022 and 2023 harvest specifications for 
groundfish in the BSAI (87 FR 11626, March 2, 2022) and reallocations 
(87 FR 18289, March 30, 2022; 87 FR 51004, August 19, 2022).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that trawl catcher vessels will not be able to harvest 
1,000 mt of the 2022 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(9).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
apportions 800 mt of Pacific cod from trawl catcher vessels to the 
annual amount specified for catcher vessels greater than or equal to 60 
feet (18.3 m) LOA using pot gear, and 200 mt of Pacific cod from trawl 
catcher vessels to the annual amount specified for catcher vessels less 
than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
    The harvest specifications for 2022 Pacific cod included in final 
2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 
11626, March 2, 2022) and reallocations (87 FR 18289, March 30, 2022; 
87 FR 51004, August 19, 2022) is revised as follows: 27,855 mt to trawl 
catcher vessels, 12,016 mt to catcher vessels greater than or equal to 
60 feet (18.3 m) LOA using pot gear, and 5,718 mt to catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

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. 
This requirement is 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 allow for harvests that exceed the 
originally specified apportionment of the Pacific cod TAC. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of September 
28, 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: September 29, 2022
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-21483 Filed 9-29-22; 4:15 pm]
BILLING CODE 3510-22-P