[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62737-62738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22628]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049]
RTID 0648-XC462


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Central Regulatory Area of the Gulf of Alaska

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 retention of the incidental catch 
allowance for Pacific ocean perch in the Central Regulatory Area of the 
Gulf of Alaska (GOA). This action is necessary because the 2022 total 
allowable catch of Pacific ocean perch apportioned to the incidental 
catch allowance in the Central Regulatory Area of the GOA has been 
reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 13, 
2022, through 2400 hours, A.l.t., December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 total allowable catch (TAC) of Pacific ocean perch 
apportioned to the incidental catch allowance in the Central Regulatory 
Area of the GOA is 2,500 metric tons (mt) as established by the final 
2022 and 2023 harvest specifications for groundfish of the GOA (87 FR 
11559, March 2, 2022).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS

[[Page 62738]]

(Regional Administrator), has determined that the 2022 TAC of Pacific 
ocean perch apportioned to the incidental catch allowance in the 
Central Regulatory Area of the GOA has been reached. Therefore, NMFS is 
requiring that catches of the incidental catch allowance for Pacific 
ocean perch in the Central Regulatory Area of the GOA be treated as 
prohibited species in accordance with Sec.  679.21(b). This closure 
does not apply to fishing by vessels participating in the cooperative 
fishery of the Rockfish Program for the Central GOA.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is 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 delay prohibiting the retention of Pacific ocean perch in the 
Central Regulatory Area of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of October 12, 2022.
    The AA 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.
    This action is required by Sec.  679.20 and Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 13, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-22628 Filed 10-13-22; 4:15 pm]
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