[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59811-59812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18758]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD250]


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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[[Page 59812]]

SUMMARY: NMFS is opening directed fishing for Pacific cod by American 
Fisheries Act (AFA) trawl catcher/processors (CPs) 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 
AFA trawl CPs in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2023, through 1200 hours, A.l.t., November 1, 2023. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 14, 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 
https://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: Steve Whitney, 907-586-7228.

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.
    NMFS closed directed fishing for Pacific cod by AFA trawl CPs in 
the BSAI under Sec.  679.20(d)(1)(iii) on January 19, 2023 (88 FR 3318, 
January 19, 2023).
    NMFS has determined that as of August 24, 2023, approximately 1,000 
metric tons of Pacific cod remain in the 2023 Pacific cod total 
allowable catch (TAC) allocated to the AFA trawl CPs 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 TAC of Pacific cod in the 
BSAI, NMFS is terminating the previous closure and is opening directed 
fishing for Pacific cod by AFA trawl CPs in the BSAI. The 
Administrator, Alaska Region, NMFS, considered the following factors in 
reaching this decision: (1) the current catch of Pacific cod by AFA 
trawl CPs in the BSAI and, (2) the harvest capacity and stated intent 
on future harvesting patterns of vessels in participating in this 
fishery.

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 directed 
fishing for Pacific cod by AFA trawl CPs 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 August 24, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by AFA trawl CPs 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 September 14, 2023.

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

    Dated: August 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-18758 Filed 8-29-23; 8:45 am]
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