[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68383-68384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24809]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC553]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels using trawl gear and vessels using pot gear to 
catcher vessels using hook-and-line gear and catcher/processors using 
hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska 
(GOA). This action is necessary to allow the 2022 total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective November 9, 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 
GOA 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 Pacific cod TAC specified for catcher vessels using trawl 
gear in the Western Regulatory Area of the GOA is 2,579 metric tons 
(mt), as established by the final 2022 and 2023 harvest specifications 
for groundfish in the GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for vessels using pot gear in 
the Western Regulatory Area of the GOA is 2,552 mt, as established by 
the final 2022 and 2023 harvest specifications for groundfish in the 
GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 94 mt, as 
established by the final 2022 and 2023 harvest specifications for 
groundfish in the GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for catcher/processors using 
hook-and-line gear in the Western Regulatory Area of the GOA is 1,330 
mt, as established by the final 2022 and 2023 harvest specifications 
for groundfish in the GOA (87 FR 11599, March 2, 2022).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to harvest 400 mt of the 2022 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(12)(i)(A)(3), and vessels using pot gear 
will not be able to harvest 150 mt of the 2022 Pacific cod TAC 
allocated to those vessels under Sec.  679.20(a)(12)(i)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(12)(ii)(B), NMFS 
apportions 400 mt of Pacific cod from catcher vessels using trawl gear 
to the annual amount specified for catcher/processors using hook-and-
line gear, and 150 mt of Pacific cod from vessels using pot gear to the 
annual amount specified for catcher vessels using hook-and-line gear.
    The harvest specifications for 2022 Pacific cod included in the 
final 2022 and 2023 harvest specifications for groundfish in the 
Western Regulatory Area of the GOA (87 FR 11599, March 2, 2022) is 
revised as follows: 2,179 mt to catcher vessels using trawl gear, 2,402 
mt to vessels using pot gear, 244 mt to catcher vessels using hook-and-
line

[[Page 68384]]

gear, and 1,730 mt to catcher/processors using hook-and-line 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 November 8, 
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: November 9, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-24809 Filed 11-9-22; 4:15 pm]
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