[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Rules and Regulations]
[Page 7369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02330]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC670]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Pot 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 
vessels using pot 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 (TAC) of Pacific cod 
by vessels using pot gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 1, 
2023, through 1200 hrs, A.l.t., June 10, 2023.

FOR FURTHER INFORMATION CONTACT: Abby Jahn, 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.
    The A season allowance of the 2023 Pacific cod TAC apportioned to 
vessels using pot gear in the Western Regulatory Area of the GOA is 998 
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).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the A season allowance of the 2023 
Pacific cod TAC apportioned to vessels using pot gear in the Western 
Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
993 mt and is setting aside the remaining 5 mt as bycatch 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 vessels using pot 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 
vessels using pot 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 30, 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 31, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-02330 Filed 1-31-23; 4:15 pm]
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