[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5798-5799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01767]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC717]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Trawl 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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Western Regulatory Area of the Gulf of 
Alaska (GOA). This action is necessary to fully use the A season 
allowance of the 2023 total allowable catch of Pacific cod allocated to 
catcher vessels using trawl gear in the Western Regulatory Area of the 
GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 28, 
2023, through 2400 hours, A.l.t., December 31, 2023. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
February 14, 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: Obren Davis, 907-586-7228.

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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
using trawl gear in the Western Regulatory Area of the GOA on January 
22, 2023 (88 FR 4089, January 24, 2023). NMFS has determined that as of 
January 24, 2023, approximately 1,300 metric tons of Pacific cod remain 
in the A season allowance of the 2023 Pacific cod apportionment for 
catcher vessels using trawl gear in the Western Regulatory Area of the 
GOA. Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), 
and (a)(2)(iii)(D), and to fully use the A season allowance of the 2023 
total allowable catch (TAC) of Pacific cod allocated to catcher vessels 
using trawl gear in the Western Regulatory Area of the GOA, NMFS is 
terminating the previous closure and is opening directed fishing for 
Pacific cod by catcher vessels using trawl gear in the Western 
Regulatory Area of the GOA. The Administrator, Alaska Region, NMFS, 
(Regional Administrator) considered the following factors in reaching 
this decision: (1) the current catch of Pacific cod by catcher vessels 
using trawl gear in the Western Regulatory Area of the GOA and, (2) the 
harvest capacity and stated intent on future harvesting patterns of 
vessels in participating in this fishery.

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 opening of directed 
fishing for Pacific cod by catcher vessels using trawl 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 January 24, 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.

[[Page 5799]]

    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels using trawl gear in the Western 
Regulatory Area of 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 February 14, 2023.

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

    Dated: January 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-01767 Filed 1-25-23; 4:15 pm]
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