Rule2023-02689
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Central 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
February 8, 2023
Effective
February 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits, and operating as catcher vessels (CVs) using pot gear, in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2023 sideboard limit established for non-AFA crab vessels that are operating as CVs using pot gear in the Central Regulatory Area of the GOA.
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Rules and Regulations]
[Pages 8236-8237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02689]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220216-0049; RTID 0648-XC740]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels
Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska
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 non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard
limits, and operating as catcher vessels (CVs) using pot gear, in the
Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2023 sideboard limit established for
non-AFA crab vessels that are operating as CVs using pot gear in the
Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 5,
2023, through 2400 hours, A.l.t., December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The 2023 Pacific cod sideboard limit established for non-AFA crab
vessels, and that are operating as CVs using pot gear in the Central
Regulatory Area of the GOA, is 335 metric tons (mt), as established by
the final 2022 and 2023 harvest specifications for groundfish in the
GOA (87 FR 11599, March 2, 2022), but was incorrectly specified as 316
mt per the 2023 inseason adjustment (87 FR 80088, December 29, 2022). A
correction to the 2023 inseason adjustment will be published as soon as
possible. However, it is necessary to publish this notification prior
to the correction to prevent exceeding the 2023 Pacific cod sideboard
limit established for non-AFA crab vessels, and that are operating as
CVs using pot gear in the Central Regulatory Area of the GOA.
In accordance with Sec. 680.22(e)(2)(i), the Regional
Administrator has determined that the 2023 Pacific cod sideboard limit
established for non-AFA crab vessels that are operating as CVs using
pot gear in the Central Regulatory Area of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 335 mt and is setting aside the remaining
0 mt as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 680.22(e)(3), the Regional Administrator finds
that this sideboard directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
vessels using pot gear in the Central Regulatory Area of the GOA.
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
[[Page 8237]]
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 sideboard directed fishing closure
of Pacific cod for non-AFA crab vessels that are subject to sideboard
limits, and that are operating as CVs using pot gear in the Central
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 February 2, 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: February 2, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-02689 Filed 2-3-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 8, 2023.
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