[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Page 789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28629]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC650]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Hook-and-Line Gear 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels using hook-and-line (HAL) gear in the Western 
Regulatory Area of the Gulf of Alaska (GOA). This action is necessary 
to prevent exceeding the A season allowance of the 2023 total allowable 
catch of Pacific cod by catcher vessels using HAL gear in the Western 
Regulatory Area of the GOA.

DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 
2023, through 1200 hours, A.l.t., June 10, 2023.

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 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 A season allowance of the 2023 Pacific cod total allowable 
catch (TAC) apportioned to catcher vessels using HAL gear in the 
Western Regulatory Area of the GOA is 35 metric tons (mt) as 
established by the final 2022 and 2023 harvest specifications for 
groundfish in the GOA (87 FR 11599, March 2, 2022) and inseason 
adjustment (87 FR 80088, December 29, 2022). The Regional Administrator 
has determined that the 2023 TAC apportioned to catcher vessels using 
HAL gear in the Western Regulatory Area of the GOA is necessary to 
account for the incidental catch of this species in other anticipated 
groundfish fisheries for the 2023 fishing year. Therefore, in 
accordance with Sec.  679.20(d)(1)(i), the Regional Administrator 
establishes the directed fishing allowance for catcher vessels using 
HAL gear in the Western Regulatory Area of the GOA as 0 mt. 
Consequently, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for catcher vessels using HAL gear in the 
Western Regulatory Area of the GOA.
    While this closure is effective, the maximum retainable amounts at 
Sec.  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 closure of Pacific cod by 
catcher vessels using HAL gear in the Western 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 December 29, 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: December 30, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-28629 Filed 12-30-22; 4:15 pm]
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