[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Page 4210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01254]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD662]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processors Using Trawl Gear 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; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the annual 2024 Pacific cod total allowable catch
(TAC) allocated to AFA trawl catcher/processors in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20,
2024, through 1200 hours, A.l.t., November 1, 2024.
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 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. 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 annual apportionment of the 2024 Pacific cod TAC allocated to
AFA trawl catcher/processors in the BSAI is 3,201 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 inseason
adjustment (88 FR 88836, December 26, 2023).
In accordance with Sec. 679.20(d)(1)(i) and Sec.
679.20(d)(1)(ii)(B), the Administrator, Alaska Region, NMFS (Regional
Administrator), has determined that the annual 2024 Pacific cod TAC
allocated to AFA trawl catcher/processors in the BSAI is necessary to
account for the incidental catch in other anticipated fisheries.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 0 mt and is setting aside the remaining 3,201 mt
as incidental catch 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
AFA trawl catcher/processors in the BSAI.
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 closure of Pacific cod by
AFA trawl catcher/processors 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 January 10, 2024.
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: January 18, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-01254 Filed 1-18-24; 4:15 pm]
BILLING CODE 3510-22-P