Rule2022-18457
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2022
Effective
September 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2022 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52485-52486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18457]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054; RTID 0648-XC266]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
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; modification of a closure; request for
comments.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels less than 60 feet (18.3 meters) length overall (LOA) using
hook-and-line or pot gear in the Bering Sea and Aleutian Islands
Management Area (BSAI). This action is necessary to fully use the 2022
total allowable catch of Pacific cod allocated to catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1,
2022, through 2400 hours, A.l.t., December 31, 2022. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 12, 2022.
ADDRESSES: You may submit comments on this document, identified by
docket number NOAA-NMFS-2022-0076, by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2022-0076 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Josh Keaton, Acting 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: Krista Milani, 907-581-2062.
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 (Magnuson-Stevens Act). Regulations governing fishing by U.S.
vessels in accordance with the FMP appear at subpart H of 50 CFR parts
600 and 679.
NMFS closed directed fishing for Pacific cod by catcher vessels
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under
Sec. 679.20(d)(1)(iii) on January 26, 2022 (87 FR 4818, January 31,
2022).
NMFS has determined that as of August 22, 2022, approximately 1,500
metric tons of Pacific cod remain in the 2022 Pacific cod apportionment
for catcher vessels less than 60 feet LOA using hook-and-line or pot
gear in the BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2022 total
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating
the previous closure and is opening directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA using hook-and-line or pot gear
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional
Administrator) considered the following factors in reaching this
decision: (1) the current catch of Pacific cod by catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2)
the harvest capacity and stated intent on future harvesting patterns of
vessels in participating in this fishery.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR
[[Page 52486]]
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 opening of directed
fishing for Pacific cod by catcher vessels less than 60 feet LOA using
hook-and-line or pot gear 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 August 22, 2022.
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.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI 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 September 12, 2022.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18457 Filed 8-25-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 26, 2022.
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