[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56778-56779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD263]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear, trawl catcher vessels, and catcher 
vessels greater than or equal to 60 feet (18.3 meters (m)) length 
overall (LOA) using hook-and-line gear to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
allow the 2023 total allowable catch (TAC) of Pacific cod to be 
harvested.

DATES: Effective August 18, 2023, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 part 600 and 50 
CFR part 679.
    The 2023 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 748 metric tons (mt) as established by the final 2023 and 
2024 harvest specifications for groundfish in the BSAI (88 FR 14926, 
March 10, 2023), correction (88 FR 18258, March 28, 2023), and 
reallocation (88 FR 18443, March 29, 2023).
    The 2023 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 26,807 mt as established by the final 2023 and 2024 harvest 
specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) 
and correction (88 FR 18258, March 28, 2023).
    The 2023 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI 
is 241 mt as established by the final 2023 and 2024 harvest 
specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) 
and correction (88 FR 18258, March 28, 2023).
    The 2023 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 3,360 
mt as established by final 2023 and 2024 harvest specifications for 
groundfish in the BSAI (88 FR 14926, March 10, 2023), correction (88 FR 
18258, March 28, 2023), and reallocation (88 FR 18443, March 29, 2023).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 650 mt of 
the 2023 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1), trawl catcher vessels will not be able to 
harvest 500 mt of the 2023 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(9), and catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using hook-and-line gear will not be able 
to harvest 230 mt of the 2023 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(7)(ii)(A)(3).
    Therefore, in accordance with Sec.  679.20(a)(7)(iv)(C), NMFS 
apportions 650 mt of Pacific cod from the jig vessels to the annual 
amount specified for catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear. Also, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS reallocates 500 mt from trawl catcher 
vessels, and 230 mt from the catcher vessels greater than or equal to 
60 feet (18.3 m) LOA using hook-and-line gear to the annual amount 
specified for catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear.
    The harvest specifications for 2023 Pacific cod included in final 
2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 
14926, March 10, 2023), correction (88 FR 18258, March 28, 2023), and 
reallocation (88 FR 18443, March 29, 2023) is revised as follows: 98 mt 
to vessels using jig gear, 26,307 mt to trawl catcher vessels, 11 mt to 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear, and 4,740 mt to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR

[[Page 56779]]

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. 
This requirement is 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 allow for harvests that exceed the 
originally specified apportionment of the Pacific cod TAC. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of August 15, 
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: August 15, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-17910 Filed 8-18-23; 8:45 am]
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