Rule2022-28349
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2023 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
Primary source
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Published
December 29, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the 2023 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 available scientific information for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80088-80090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28349]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220216-0049; RTID 0648-XC623]
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2023 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 2023 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 available scientific
information for pollock and Pacific cod in the GOA. This action is
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the Gulf of Alaska.
DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1,
2023, until the effective date of the final 2023 and 2024 harvest
specifications for GOA groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
[[Page 80089]]
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 13, 2023.
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 e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<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
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) 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 2022 and 2023 harvest specifications for groundfish in
the GOA (87 FR 11599, March 2, 2022) set the 2023 pollock TAC at
139,977 metric tons (mt) in the GOA. In December 2022, the Council
recommended a 2023 pollock TAC of 156,578 mt for the GOA, which is
greater than the 139,977 mt established by the final 2022 and 2023
harvest specifications for groundfish in the GOA. The Council's
recommended 2023 TAC, and the area and seasonal apportionments, is
based on the Stock Assessment and Fishery Evaluation report (SAFE),
dated November 2022.
The final 2022 and 2023 harvest specifications for groundfish in
the GOA (87 FR 11599, March 2, 2022) set the 2023 Pacific cod TAC at
21,096 mt in the GOA. In December 2022, the Council recommended a 2023
Pacific cod TAC of 18,103 mt for the GOA, which is less than the 21,096
mt established by the final 2022 and 2023 harvest specifications for
groundfish in the GOA. The Council's recommended 2023 TAC, and the area
and seasonal apportionments, is based on the SAFE, dated November 2022.
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 available
scientific information 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
2023 GOA pollock TAC to 156,578 mt and the 2023 Pacific cod TAC to
18,103 mt. Therefore, Tables 4 and 6 of the final 2022 and 2023 harvest
specifications for groundfish in the GOA (87 FR 11599, March 2, 2022)
are revised consistent with this adjustment.
Pursuant to Sec. 679.20(a)(5)(iv), Table 4 of the final 2022 and
2023 harvest specifications for groundfish in the GOA (87 FR 11599,
March 2, 2022) is revised for the 2023 TACs of pollock in the Central
and Western Regulatory Area of the GOA.
Table 4--Final 2023 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)........................... 1,685 58,039 9,121 68,846
B (September 1-November 1)...................... 25,272 18,965 24,608 24,608
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Annual Total................................ 26,958 77,005 33,729 137,691
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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.
[[Page 80090]]
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
(87 FR 11599, March 2, 2022) is revised for the 2023 TACs of Pacific
cod in the GOA.
Table 6--Final 2023 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) 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
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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 (3.5% of TAC)........... 183 N/A 110 N/A 73
Hook-and-line CV............ 71 0.70 35 0.70 35
Hook-and-line CP............ 998 10.90 550 8.90 449
Trawl CV.................... 1,936 31.54 1,397 10.70 540
Trawl CP.................... 121 0.90 45 1.50 76
All Pot CV and Pot CP....... 1,916 19.80 998 18.20 918
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Total................... 5,225 63.84 3,135 36.16 2,090
Central GOA:
Jig (1.0% of TAC)........... 111 N/A 67 N/A 44
Hook-and-line < 50 CV....... 1,608 9.32 1,026 5.29 582
Hook-and-line >= 50 CV...... 739 5.61 618 1.10 121
Hook-and-line CP............ 562 4.11 452 1.00 110
Trawl CV\1\................. 4,579 21.14 2,327 20.45 2,252
Trawl CP.................... 462 2.00 221 2.19 242
All Pot CV and Pot CP....... 3,062 17.83 1,963 9.97 1,098
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Total................... 11,123 64.16 6,674 35.84 4,449
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Eastern GOA: Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
1,755 1,580
176
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\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 424 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 2023 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 21, 2022.
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 13, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-28349 Filed 12-23-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 29, 2022.
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