Rule2022-24809
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska
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
November 15, 2022
Effective
November 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear and vessels using pot gear to catcher vessels using hook-and-line gear and catcher/processors using hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the 2022 total allowable catch (TAC) of Pacific cod to be harvested.
Full Text
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<title>Federal Register, Volume 87 Issue 219 (Tuesday, November 15, 2022)</title>
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[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68383-68384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24809]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220216-0049; RTID 0648-XC553]
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 catcher vessels using trawl gear and vessels using pot gear to
catcher vessels using hook-and-line gear and catcher/processors using
hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to allow the 2022 total allowable catch
(TAC) of Pacific cod to be harvested.
DATES: Effective November 9, 2022, through 2400 hours, Alaska local
time (A.l.t.), December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.
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 2022 Pacific cod TAC specified for catcher vessels using trawl
gear in the Western Regulatory Area of the GOA is 2,579 metric tons
(mt), as established by the final 2022 and 2023 harvest specifications
for groundfish in the GOA (87 FR 11599, March 2, 2022).
The 2022 Pacific cod TAC specified for vessels using pot gear in
the Western Regulatory Area of the GOA is 2,552 mt, as established by
the final 2022 and 2023 harvest specifications for groundfish in the
GOA (87 FR 11599, March 2, 2022).
The 2022 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 94 mt, as
established by the final 2022 and 2023 harvest specifications for
groundfish in the GOA (87 FR 11599, March 2, 2022).
The 2022 Pacific cod TAC specified for catcher/processors using
hook-and-line gear in the Western Regulatory Area of the GOA is 1,330
mt, as established by the final 2022 and 2023 harvest specifications
for groundfish in the GOA (87 FR 11599, March 2, 2022).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 400 mt of the 2022 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(12)(i)(A)(3), and vessels using pot gear
will not be able to harvest 150 mt of the 2022 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 400 mt of Pacific cod from catcher vessels using trawl gear
to the annual amount specified for catcher/processors using hook-and-
line gear, and 150 mt of Pacific cod from vessels using pot gear to the
annual amount specified for catcher vessels using hook-and-line gear.
The harvest specifications for 2022 Pacific cod included in the
final 2022 and 2023 harvest specifications for groundfish in the
Western Regulatory Area of the GOA (87 FR 11599, March 2, 2022) is
revised as follows: 2,179 mt to catcher vessels using trawl gear, 2,402
mt to vessels using pot gear, 244 mt to catcher vessels using hook-and-
line
[[Page 68384]]
gear, and 1,730 mt to catcher/processors using hook-and-line 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 November 8,
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 and opportunity for public
comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 9, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-24809 Filed 11-9-22; 4:15 pm]
BILLING CODE 3510-22-P
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