[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Page 71775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XD274]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea Subarea of 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, except 
for the Community Development Quota program (CDQ), in the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the non-CDQ allocation of 
the 2023 Pacific cod total allowable catch (TAC) in the Bering Sea 
subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 16, 
2023, through 2400 hrs, 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 non-CDQ allocation of the 2023 Pacific cod TAC in the Bering 
Sea subarea of the BSAI is 113,776 metric tons (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). In accordance with Sec.  679.20(d)(1)(i), the Administrator, 
Alaska Region, NMFS, has determined that the non-CDQ allocation of the 
2023 Pacific cod TAC in the Bering Sea subarea of the BSAI will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 110,976 mt, and is setting aside the 
remaining 2,800 mt as incidental catch in directed fishing for other 
species. 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 in the Bering Sea subarea of the BSAI.
    While this closure is effective, the maximum retainable amounts at 
50 CFR 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 non-CDQ Pacific cod in the Bering Sea subarea of the BSAI. NMFS was 
unable to publish notice providing time for public comment because the 
most recent, relevant data only became available as of October 12, 
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: October 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-22958 Filed 10-13-23; 4:15 pm]
BILLING CODE 3510-22-P