[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Rules and Regulations]
[Page 3318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00965]



[[Page 3318]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC687]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processors Using Trawl Gear 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the annual 2023 Pacific cod total allowable catch 
(TAC) allocated to AFA trawl catcher/processors in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 
2023, through 1200 hours, A.l.t., November 1, 2023.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 annual apportionment of the 2023 Pacific cod TAC allocated to 
AFA trawl catcher/processors in the BSAI is 2,790 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).
    In accordance with Sec. Sec.  679.20(d)(1)(i) and 
679.20(d)(1)(ii)(B), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the annual 2023 Pacific cod TAC 
allocated to AFA trawl catcher/processors in the BSAI is necessary to 
account for the incidental catch in other anticipated fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt and is setting aside the remaining 2,790 mt 
as incidental catch to support other anticipated groundfish fisheries. 
In accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
AFA trawl catcher/processors in the BSAI.
    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 
AFA trawl catcher/processors in the BSAI. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of January 12, 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 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-00965 Filed 1-18-23; 8:45 am]
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