[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Page 17744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06156]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XC669]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Pot Catcher/Processors 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher/processors using pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the A season apportionment of the 2023 Pacific cod total
allowable catch (TAC) allocated to catcher/processors using pot gear in
the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 22,
2023, through 1200 hours, A.l.t., September 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 A season apportionment of the 2023 Pacific cod TAC allocated to
catcher/processors using pot gear in the BSAI is 922 metric tons (mt)
as established by the final 2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926, March 10, 2023).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the A
season apportionment of the 2023 Pacific cod TAC allocated as a
directed fishing allowance to catcher/processors using pot gear in the
BSAI will soon be reached. Consequently, NMFS is prohibiting directed
fishing for Pacific cod by pot 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
catcher/processors using pot gear 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 March 20, 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: March 20, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-06156 Filed 3-21-23; 4:15 pm]
BILLING CODE 3510-22-P