[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Page 61542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22139]
[[Page 61542]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054]
RTID 0648-XC277
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Bering Sea 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 directed fishing for Pacific cod, except
for the Community Development Quota program (CDQ), in the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area (BSAI).
This action is necessary to prevent exceeding the non-CDQ allocation of
the 2022 Pacific cod total allowable catch (TAC) in the Bering Sea
subarea of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 7, 2022,
through 2400 hrs, 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 non-CDQ allocation of the 2022 Pacific cod TAC in the Bering
Sea subarea of the BSAI is 121,864 metric tons (mt) as established by
the final 2022 and 2023 harvest specifications for groundfish in the
BSAI (87 FR 11626, March 2, 2022). In accordance with Sec.
679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined
that the non-CDQ allocation of the 2022 Pacific cod TAC in the Bering
Sea subarea of the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 118,664
mt, and is setting aside the remaining 3,200 mt as incidental catch in
directed fishing for other species. 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 in the Bering Sea subarea of the BSAI.
While this closure is effective, the maximum retainable amounts at
50 CFR 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 directed fishing closure
of non-CDQ Pacific cod in the Bering Sea 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 October 5,
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: October 6, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-22139 Filed 10-6-22; 4:15 pm]
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