[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22917-22918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XC924


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
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; 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 Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to fully use the 2023 
total allowable catch of Pacific cod allocated to catcher vessels using 
trawl gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 13, 
2023, through 1200 hours, A.l.t., June 10, 2023. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., May 
1, 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: 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 (Magnuson-Stevens Act). Regulations governing fishing by U.S. 
vessels in accordance with the FMP appear at subpart H of 50 CFR parts 
600 and 679.
    The B season apportionment of the 2023 Pacific cod TAC allocated to 
catcher vessels using trawl gear in the BSAI is 2,949 metric tons (mt) 
as established by the final 2023 and 2024 harvest specifications for 
groundfish in the BSAI (88 FR 14926, March 10, 2023). NMFS closed 
directed fishing for Pacific cod by catcher vessels using trawl gear in 
the BSAI under Sec.  679.20(d)(1)(iii) on April 2, 2023 (88 FR 20080, 
April 5, 2023).
    NMFS has determined that as of April 10, 2023, approximately 2,000 
metric tons of Pacific cod remain in the B season apportionment of the 
2023 Pacific cod allocated to catcher vessels using trawl gear in the 
BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2023 total 
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels using trawl gear in the BSAI. The Administrator, Alaska 
Region, NMFS, (Regional Administrator) considered the following factors 
in

[[Page 22918]]

reaching this decision: (1) the current catch of Pacific cod by catcher 
vessels using trawl gear in the BSAI; and (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.
    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 opening of Pacific cod by 
catcher vessels using trawl 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 April 10, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels by trawl gear in the BSAI 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 May 
1, 2023.

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

    Dated: April 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07920 Filed 4-11-23; 4:15 pm]
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