[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Page 60383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD251]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Trawl Catcher Vessels in the Western 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 
catcher vessels using trawl gear in the Western Regulatory Area of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
2023 Pacific cod total allowable catch apportioned to trawl catcher 
vessels in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2023, through 2400 hours, A.l.t., December 31, 2023.

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

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 (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. 
Regulations governing sideboard protections for GOA groundfish 
fisheries appear at subpart B of 50 CFR part 680.
    The 2023 Pacific cod total allowable catch (TAC) apportioned to 
trawl catcher vessels in the Western Regulatory Area of the GOA is 
1,956 metric tons (mt), as established by the final 2023 and 2024 
harvest specifications for groundfish of the GOA (88 FR 13238, March 2, 
2023).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the 2023 
Pacific cod TAC apportioned to trawl catcher vessels in the Western 
Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
1,356 mt and is setting aside the remaining 600 mt as bycatch to 
support other anticipated groundfish fisheries. In accordance with 
Sec.  679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels using 
trawl gear in the Western 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 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 directed fishing closure 
of Pacific cod by catcher vessels using trawl gear in the Western 
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 August 28, 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 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-18910 Filed 8-31-23; 8:45 am]
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