Rule2023-01767
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear 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
January 30, 2023
Effective
January 28, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2023 total allowable catch of Pacific cod allocated to catcher vessels using trawl gear in the Western Regulatory Area of the GOA.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5798-5799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01767]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220216-0049; RTID 0648-XC717]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl Gear 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; modification of a closure; request for
comments.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels using trawl gear in the Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary to fully use the A season
allowance of the 2023 total allowable catch of Pacific cod allocated to
catcher vessels using trawl gear in the Western Regulatory Area of the
GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 28,
2023, through 2400 hours, A.l.t., December 31, 2023. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
February 14, 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: Obren Davis, 907-586-7228.
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 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.
NMFS closed directed fishing for Pacific cod by catcher vessels
using trawl gear in the Western Regulatory Area of the GOA on January
22, 2023 (88 FR 4089, January 24, 2023). NMFS has determined that as of
January 24, 2023, approximately 1,300 metric tons of Pacific cod remain
in the A season allowance of the 2023 Pacific cod apportionment for
catcher vessels using trawl gear in the Western Regulatory Area of the
GOA. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C),
and (a)(2)(iii)(D), and to fully use the A season allowance of the 2023
total allowable catch (TAC) of Pacific cod allocated to catcher vessels
using trawl gear in the Western Regulatory Area of the GOA, NMFS is
terminating the previous closure and is opening directed fishing for
Pacific cod by catcher vessels using trawl gear in the Western
Regulatory Area of the GOA. 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
using trawl gear in the Western Regulatory Area of the GOA 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 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 using trawl gear in the
Western Regulatory Area of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of January 24, 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.
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Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels using trawl gear in the Western
Regulatory Area of 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 February 14, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-01767 Filed 1-25-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 30, 2023.
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