[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8236-8237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02689]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC740]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels 
Using Pot Gear in the Central 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 non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits, and operating as catcher vessels (CVs) using pot gear, in the 
Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2023 sideboard limit established for 
non-AFA crab vessels that are operating as CVs using pot gear in the 
Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 5, 
2023, through 2400 hours, A.l.t., December 31, 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The 2023 Pacific cod sideboard limit established for non-AFA crab 
vessels, and that are operating as CVs using pot gear in the Central 
Regulatory Area of the GOA, is 335 metric tons (mt), as established by 
the final 2022 and 2023 harvest specifications for groundfish in the 
GOA (87 FR 11599, March 2, 2022), but was incorrectly specified as 316 
mt per the 2023 inseason adjustment (87 FR 80088, December 29, 2022). A 
correction to the 2023 inseason adjustment will be published as soon as 
possible. However, it is necessary to publish this notification prior 
to the correction to prevent exceeding the 2023 Pacific cod sideboard 
limit established for non-AFA crab vessels, and that are operating as 
CVs using pot gear in the Central Regulatory Area of the GOA.
    In accordance with Sec.  680.22(e)(2)(i), the Regional 
Administrator has determined that the 2023 Pacific cod sideboard limit 
established for non-AFA crab vessels that are operating as CVs using 
pot gear in the Central Regulatory Area of the GOA will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 335 mt and is setting aside the remaining 
0 mt as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  680.22(e)(3), the Regional Administrator finds 
that this sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
vessels using pot gear in the Central 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

[[Page 8237]]

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 sideboard directed fishing closure 
of Pacific cod for non-AFA crab vessels that are subject to sideboard 
limits, and that are operating as CVs using pot gear in the Central 
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 February 2, 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: February 2, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-02689 Filed 2-3-23; 4:15 pm]
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