[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80088-80090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28349]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC623]


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2023 Gulf of Alaska Pollock and Pacific Cod Total 
Allowable Catch Amounts

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

ACTION: Temporary rule; inseason adjustment; request for comments.

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SUMMARY: NMFS is adjusting the 2023 total allowable catch (TAC) amounts 
for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This 
action is necessary because NMFS has determined these TACs are 
incorrectly specified, and will ensure the GOA pollock and Pacific cod 
TACs are the appropriate amount based on the best available scientific 
information for pollock and Pacific cod in the GOA. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 
2023, until the effective date of the final 2023 and 2024 harvest 
specifications for GOA groundfish, unless otherwise modified or 
superseded through publication of a notification in the Federal 
Register.

[[Page 80089]]

    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 13, 2023.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2022-0094, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0094 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

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 (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 final 2022 and 2023 harvest specifications for groundfish in 
the GOA (87 FR 11599, March 2, 2022) set the 2023 pollock TAC at 
139,977 metric tons (mt) in the GOA. In December 2022, the Council 
recommended a 2023 pollock TAC of 156,578 mt for the GOA, which is 
greater than the 139,977 mt established by the final 2022 and 2023 
harvest specifications for groundfish in the GOA. The Council's 
recommended 2023 TAC, and the area and seasonal apportionments, is 
based on the Stock Assessment and Fishery Evaluation report (SAFE), 
dated November 2022.
    The final 2022 and 2023 harvest specifications for groundfish in 
the GOA (87 FR 11599, March 2, 2022) set the 2023 Pacific cod TAC at 
21,096 mt in the GOA. In December 2022, the Council recommended a 2023 
Pacific cod TAC of 18,103 mt for the GOA, which is less than the 21,096 
mt established by the final 2022 and 2023 harvest specifications for 
groundfish in the GOA. The Council's recommended 2023 TAC, and the area 
and seasonal apportionments, is based on the SAFE, dated November 2022.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act. Pollock and Pacific cod are principal prey species for 
Steller sea lions in the GOA. The seasonal apportionment of pollock and 
Pacific cod harvests are necessary to ensure the groundfish fisheries 
are not likely to cause jeopardy of extinction or adverse modification 
of critical habitat for Steller sea lions. The regulations at Sec.  
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned and 
the regulations at Sec.  679.20(a)(6)(ii) and (a)(12)(i) specify how 
the Pacific cod TAC will be apportioned.
    In accordance with Sec.  679.25(a)(1)(iii), (a)(2)(i)(B), and 
(a)(2)(iv) the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that, based on the best available 
scientific information for this fishery, the current GOA pollock and 
Pacific cod TACs are incorrectly specified. Consequently, pursuant to 
Sec.  679.25(a)(1)(iii), the Regional Administrator is adjusting the 
2023 GOA pollock TAC to 156,578 mt and the 2023 Pacific cod TAC to 
18,103 mt. Therefore, Tables 4 and 6 of the final 2022 and 2023 harvest 
specifications for groundfish in the GOA (87 FR 11599, March 2, 2022) 
are revised consistent with this adjustment.
    Pursuant to Sec.  679.20(a)(5)(iv), Table 4 of the final 2022 and 
2023 harvest specifications for groundfish in the GOA (87 FR 11599, 
March 2, 2022) is revised for the 2023 TACs of pollock in the Central 
and Western Regulatory Area of the GOA.

 Table 4--Final 2023 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
                          Area Apportionments\1\; and Seasonal Allowances of Annual TAC
                                 [Values are rounded to the nearest metric ton]
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                                                  Shumigan (Area  Chirikof (Area   Kodiak (Area
                   Season \2\                          610)            620)            630)          Total \3\
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A (January 20-May 31)...........................           1,685          58,039           9,121          68,846
B (September 1-November 1)......................          25,272          18,965          24,608          24,608
                                                 ---------------------------------------------------------------
    Annual Total................................          26,958          77,005          33,729         137,691
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\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec.   679.23(d)(2)(i) through (ii), the A and B season allowances are available from
  January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for
  processing by the inshore and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
  included in the total pollock TACs shown in this table.


[[Page 80090]]

    Pursuant to Sec.  679.20(a)(6)(ii) and (a)(12)(i), Table 6 of the 
final 2022 and 2023 harvest specifications for groundfish in the GOA 
(87 FR 11599, March 2, 2022) is revised for the 2023 TACs of Pacific 
cod in the GOA.

Table 6--Final 2023 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
    the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
                                              Processing Components
                                 [Values are rounded to the nearest metric ton]
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                                                             A Season                        B Season
                                                 ---------------------------------------------------------------
                                      Annual          Sector                          Sector
   Regulatory area and sector       allocation     percentage of     Seasonal      percentage of     Seasonal
                                       (mt)       annual non-jig    allowances    annual non-jig    allowances
                                                        TAC            (mt)             TAC            (mt)
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Western GOA:
    Jig (3.5% of TAC)...........             183             N/A             110             N/A              73
    Hook-and-line CV............              71            0.70              35            0.70              35
    Hook-and-line CP............             998           10.90             550            8.90             449
    Trawl CV....................           1,936           31.54           1,397           10.70             540
    Trawl CP....................             121            0.90              45            1.50              76
    All Pot CV and Pot CP.......           1,916           19.80             998           18.20             918
                                 -------------------------------------------------------------------------------
        Total...................           5,225           63.84           3,135           36.16           2,090
Central GOA:
    Jig (1.0% of TAC)...........             111             N/A              67             N/A              44
    Hook-and-line < 50 CV.......           1,608            9.32           1,026            5.29             582
    Hook-and-line >= 50 CV......             739            5.61             618            1.10             121
    Hook-and-line CP............             562            4.11             452            1.00             110
    Trawl CV\1\.................           4,579           21.14           2,327           20.45           2,252
    Trawl CP....................             462            2.00             221            2.19             242
    All Pot CV and Pot CP.......           3,062           17.83           1,963            9.97           1,098
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        Total...................          11,123           64.16           6,674           35.84           4,449
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Eastern GOA:                                        Inshore (90% of Annual TAC)
                                   Offshore (10% of Annual TAC)
                                           1,755               1,580
                                                176
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\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 424 mt, of the
  annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
  allowance (see Table 13. Final 2023 Apportionments of Rockfish Secondary Species in the Central GOA and Table
  28c to 50 CFR part 679).

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 allow for harvests that exceed the 
appropriate allocation for pollock and Pacific cod based on the best 
scientific information available. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of December 21, 2022.
    Without this inseason adjustment, NMFS could not allow the fishery 
for pollock and Pacific cod in the GOA to be harvested in an expedient 
manner and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until January 13, 2023.

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

    Dated: December 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-28349 Filed 12-23-22; 4:15 pm]
BILLING CODE 3510-22-P