Rule2023-00746
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall Using Pot Gear 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
January 18, 2023
Effective
January 12, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2023 Pacific cod total allowable catch (TAC) allocated to catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI.
Full Text
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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Page 2861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00746]
[[Page 2861]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054; RTID 0648-XC674]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall
Using Pot 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.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels greater than or equal to 60 feet (18.3 meters (m))
length overall (LOA) using pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the A season apportionment of the 2023 Pacific cod total
allowable catch (TAC) allocated to catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using pot gear in the BSAI.
DATES: This inseason action is effective at 1200 hours, Alaska local
time (A.l.t.), January 12, 2023, and remains in effect through 1200
hours, A.l.t., September 1, 2023.
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. 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 A season apportionment of the 2023 Pacific cod TAC allocated to
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI is 5,168 metric tons (mt) as established by the final
2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR
11626, March 2, 2022) and inseason adjustment (87 FR 80090, December
29, 2022).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the A
season apportionment of the 2023 Pacific cod TAC allocated as a
directed fishing allowance to catcher vessels greater than or equal to
60 feet (18.3 m) LOA using pot gear in the BSAI will soon be reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot
gear 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
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 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 January 10, 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: January 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-00746 Filed 1-11-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 18, 2023.
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