[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88840-88842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28324]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD598]


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2024 Gulf of Alaska Pollock and Pacific Cod Total 
Allowable Catch Amounts

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment; request for comments.

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SUMMARY: NMFS is adjusting the 2024 total allowable catch (TAC) amounts 
for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This 
action is necessary because NMFS has determined these TACs are 
incorrectly specified, and will ensure the GOA pollock and Pacific cod 
TACs are the appropriate amount based on the best scientific 
information available for pollock and Pacific cod in the GOA. This 
action is consistent with the goals and objectives of the Fishery 
Management Plan (FMP) for Groundfish of the Gulf of Alaska.

DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 
2024, until the effective date of the final 2024 and 2025 harvest 
specifications for GOA groundfish, unless otherwise modified or 
superseded through publication of a notification in the Federal 
Register.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 10, 2024.

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 eRulemaking 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: Adam Zaleski, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the FMP for Groundfish of the 
Gulf of Alaska prepared by the North Pacific Fishery Management Council 
(Council) under authority of the Magnuson-Stevens Fishery Conservation 
and Management 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 final 2023 and 2024 harvest specifications for groundfish in 
the GOA (88 FR 13238, March 2, 2023) set the 2024 pollock TAC at 
168,416 metric tons (mt) in the GOA. In December 2023, the Council 
recommended a 2024 pollock TAC of 195,720 mt for the GOA, which is 
greater than the 168,416 mt established by the final 2023 and 2024 
harvest specifications for groundfish in the GOA. The Council's 
recommended 2024 TAC, and the area and seasonal

[[Page 88841]]

apportionments, is based on the Stock Assessment and Fishery Evaluation 
report (SAFE), dated November 2023.
    The final 2023 and 2024 harvest specifications for groundfish in 
the GOA (88 FR 13238, March 2, 2023) set the 2024 Pacific cod TAC at 
16,668 mt in the GOA. In December 2023, the Council recommended a 2024 
Pacific cod TAC of 23,766 mt for the GOA, which is greater than the 
16,668 mt established by the final 2023 and 2024 harvest specifications 
for groundfish in the GOA. The Council's recommended 2024 TAC, and the 
area and seasonal apportionments, is based on the SAFE, dated November 
2023.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act. Pollock and Pacific cod are principal prey species for 
Steller sea lions in the GOA. The seasonal apportionment of pollock and 
Pacific cod harvests are necessary to ensure the groundfish fisheries 
are not likely to cause jeopardy of extinction or adverse modification 
of critical habitat for Steller sea lions. The regulations at Sec.  
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned and 
the regulations at Sec.  679.20(a)(6)(ii) and (a)(12)(i) specify how 
the Pacific cod TAC will be apportioned.
    In accordance with Sec.  679.25(a)(1)(iii), (a)(2)(i)(B), and 
(a)(2)(iv) the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that, based on the best scientific 
information available for this fishery, the current GOA pollock and 
Pacific cod TACs are incorrectly specified. Consequently, pursuant to 
Sec.  679.25(a)(1)(iii), the Regional Administrator is adjusting the 
2024 GOA pollock TAC to 195,720 mt and the 2024 Pacific cod TAC to 
23,766 mt. Therefore, tables 4 and 6 of the final 2023 and 2024 harvest 
specifications for groundfish in the GOA (88 FR 13238, March 2, 2023) 
are revised consistent with this adjustment.
    Pursuant to Sec.  679.20(a)(5)(iv), table 4 of the final 2023 and 
2024 harvest specifications for groundfish in the GOA (88 FR 13238, 
March 2, 2023) is revised for the 2024 TACs of pollock in the Central 
and Western Regulatory Area of the GOA.

 Table 4--Final 2024 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
                         Area Apportionments; \1\ and Seasonal Allowances of Annual TAC
                                 [Values are rounded to the nearest metric ton]
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                                                  Shumigan (Area  Chirikof (Area   Kodiak (Area
                   Season \2\                          610)            620)            630)          Total \3\
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A (January 20-May 31)...........................           5,422          70,918          13,862          90,202
B (September 1-November 1)......................          33,460          20,019          36,725          90,204
                                                 ---------------------------------------------------------------
    Annual Total................................          38,882          90,937          50,587         180,406
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\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec.   679.23(d)(2)(i) through (ii), the A and B season allowances are available from
  January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for
  processing by the inshore and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
  included in the total pollock TACs shown in this table.

    Pursuant to Sec.  679.20(a)(6)(ii) and (a)(12)(i), table 6 of the 
final 2022 and 2023 harvest specifications for groundfish in the GOA 
(88 FR 13238, March 2, 2023) is revised for the 2024 TACs of Pacific 
cod in the GOA.

 Table 6--Final 2024 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch Amounts in the
GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing
                                                   Components
                                 [Values are rounded to the nearest metric ton]
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                                                             A Season                        B Season
                                                 ---------------------------------------------------------------
                                      Annual          Sector                          Sector
   Regulatory area and sector       allocation     percentage of     Seasonal      percentage of     Seasonal
                                       (mt)       annual non-jig    allowances    annual non-jig    allowances
                                                        TAC            (mt)             TAC            (mt)
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Western GOA:
    Jig (2.5% of TAC)...........             153             N/A              92             N/A              61
    Hook-and-line CV............              84            0.7%              42           0.70%              42
    Hook-and-line CP............           1,182           10.9%             651           8.90%             531
    Trawl CV....................           2,292          31.54%           1,882           6.86%             409
    Trawl CP....................             143            0.9%              54           1.50%              90
    All Pot CV and Pot CP.......           2,268          19.80%           1,182          18.20%           1,086
                                 -------------------------------------------------------------------------------
        Total...................           6,121          63.84%           3,902          36.16%           2,219
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Central GOA:
    Jig (1.0% of TAC)...........             154             N/A              93             N/A              62
    Hook-and-line <50 CV........           2,232           9.32%           1,424           5.29%             808
    Hook-and-line >=50 CV.......           1,025           5.61%             858           1.10%             168
    Hook-and-line CP............             780           4.11%             628           1.00%             152
    Trawl CV \1\................           6,357          25.29%           3,867          16.29%           2,490
    Trawl CP....................             642           2.00%             306           2.19%             335

[[Page 88842]]

 
    All Pot CV and Pot CP.......           4,251          17.83%           2,726           9.98%           1,525
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        Total...................          15,442          64.16%           9,901          35.84%           5,541
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Eastern GOA.....................  ..............    Inshore (90% of Annual TAC)
                                   Offshore (10% of Annual TAC)
                                 -------------------------------------------------------------------------------
                                           2,203               1,983
                                                220
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\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 588 mt, of the
  annual Central GOA TAC (see table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
  allowance (see table 13. Final 2024 Apportionments of Rockfish Secondary Species in the Central GOA and table
  28c to 50 CFR part 679).

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 allow for harvests that exceed the 
appropriate allocation for pollock and Pacific cod based on the best 
scientific information available. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of December 14, 2023.
    Without this inseason adjustment, NMFS could not allow the fishery 
for pollock and Pacific cod in the GOA 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 January 10, 2024.

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

    Dated: December 19, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-28324 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P