[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88842-88843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD578]


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

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using pot gear to catcher vessels using trawl gear, 
catcher vessels using hook-and-line gear, and vessels using jig gear in 
the Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to allow the 2023 total allowable catch (TAC) of Pacific cod 
to be harvested.

DATES: Effective December 21, 2023, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA 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. 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 pot gear in 
the Western Regulatory Area of the GOA is 1,716 mt, as established by 
the final 2023 and 2024 harvest specifications for groundfish in the 
GOA (88 FR 13238, March 2, 2023) and one reallocation (88 FR 76141, 
November 6, 2023).
    The 2023 Pacific cod TAC specified for catcher vessels using trawl 
gear in the Western Regulatory Area of the GOA is 1,526 metric tons 
(mt), as established by the final 2023 and 2024 harvest specifications 
for groundfish in the GOA (88 FR 13238, March 2, 2023) and one 
reallocation (88 FR 76141, November 6, 2023).
    The 2023 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 291 mt, as 
established by the final 2023 and 2024 harvest specifications for 
groundfish in the GOA (88 FR 13238, March 2, 2023) and one reallocation 
(88 FR 76141, November 6, 2023).
    The 2023 Pacific cod TAC specified for vessels using jig gear in 
the Western Regulatory Area of the GOA is 131 mt, as established by the 
final 2023 and 2024 harvest specifications for groundfish in the GOA 
(88 FR 13238, March 2, 2023).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined vessels using pot gear will not be able to harvest 232 
mt of the 2023 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(12)(i)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(12)(ii)(B), NMFS 
apportions 232 mt of Pacific cod from vessels using pot gear to the 
annual amount specified for catcher vessels using trawl gear,

[[Page 88843]]

catcher vessels using hook-and-line gear, and vessels using jig gear.
    The harvest specifications for 2023 Pacific cod included in the 
final 2023 and 2024 harvest specifications for groundfish in the 
Western Regulatory Area of the GOA (88 FR 13238, March 2, 2023) and one 
reallocation (88 FR 76141, November 6, 2023) is revised as follows: 
1,484 mt to vessels using pot gear, 1,531 mt to catcher vessels using 
trawl gear, 516 mt to catcher vessels using hook-and-line gear, and 132 
mt to vessels using jig gear.

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. 
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 December 20, 
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: December 20, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-28465 Filed 12-21-23; 8:45 am]
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