[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2271-2272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00543]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC668]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 meters) length overall using hook-and-line or

[[Page 2272]]

pot gear in the Bering Sea and Aleutian Islands management area. This 
action is necessary to allow the A season apportionment of the 2023 
total allowable catch of Pacific cod to be harvested.

DATES: Effective January 10, 2023, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2023.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 A season apportionment of the 2023 Pacific cod total allowable 
catch (TAC) specified for vessels using jig gear in the BSAI is 1,019 
metric tons (mt) as established by the final 2022 and 2023 harvest 
specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) 
and inseason adjustment (87 FR 80090, December 29, 2022).
    The 2023 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot 
gear in the BSAI is 2,413 mt as established by final 2022 and 2023 
harvest specifications for groundfish in the BSAI (87 FR 11626, March 
2, 2022) and inseason adjustment (87 FR 80090, December 29, 2022).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 950 mt of 
the A season apportionment of the 2023 Pacific cod TAC allocated to 
those vessels under Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in 
accordance with Sec.  679.20(a)(7)(iv)(C), NMFS apportions 950 mt of 
Pacific cod from the A season jig gear apportionment to the annual 
amount specified for catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear.
    The harvest specifications for 2023 Pacific cod included in final 
2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 
11626, March 2, 2022) and inseason adjustment (87 FR 80090, December 
29, 2022) are revised as follows: 69 mt to the A season apportionment 
and 748 mt to the annual amount for vessels using jig gear, and 3,363 
mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot 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, 
as it would prevent NMFS from responding to the most recent fisheries 
data in a timely fashion, and would delay the reallocation of Pacific 
cod specified from jig vessels to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of January 9, 2023.
    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: January 9, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-00543 Filed 1-10-23; 4:15 pm]
BILLING CODE 3510-22-P