Rule2023-17910
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod 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
August 21, 2023
Effective
August 18, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear, trawl catcher vessels, and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2023 total allowable catch (TAC) of Pacific cod to be harvested.
Full Text
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<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
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[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56778-56779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17910]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD263]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from vessels using jig gear, trawl catcher vessels, and catcher
vessels greater than or equal to 60 feet (18.3 meters (m)) length
overall (LOA) using hook-and-line gear to catcher vessels less than 60
feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
allow the 2023 total allowable catch (TAC) of Pacific cod to be
harvested.
DATES: Effective August 18, 2023, through 2400 hours, Alaska local time
(A.l.t.), December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 (Magnuson-
Stevens 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 2023 Pacific cod TAC specified for vessels using jig gear in
the BSAI is 748 metric tons (mt) as established by the final 2023 and
2024 harvest specifications for groundfish in the BSAI (88 FR 14926,
March 10, 2023), correction (88 FR 18258, March 28, 2023), and
reallocation (88 FR 18443, March 29, 2023).
The 2023 Pacific cod TAC specified for trawl catcher vessels in the
BSAI is 26,807 mt as established by the final 2023 and 2024 harvest
specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023)
and correction (88 FR 18258, March 28, 2023).
The 2023 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI
is 241 mt as established by the final 2023 and 2024 harvest
specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023)
and correction (88 FR 18258, March 28, 2023).
The 2023 Pacific cod TAC allocated to catcher vessels less than 60
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 3,360
mt as established by final 2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926, March 10, 2023), correction (88 FR
18258, March 28, 2023), and reallocation (88 FR 18443, March 29, 2023).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that jig vessels will not be able to harvest 650 mt of
the 2023 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(1), trawl catcher vessels will not be able to
harvest 500 mt of the 2023 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(9), and catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using hook-and-line gear will not be able
to harvest 230 mt of the 2023 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(7)(ii)(A)(3).
Therefore, in accordance with Sec. 679.20(a)(7)(iv)(C), NMFS
apportions 650 mt of Pacific cod from the jig vessels to the annual
amount specified for catcher vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear. Also, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS reallocates 500 mt from trawl catcher
vessels, and 230 mt from the catcher vessels greater than or equal to
60 feet (18.3 m) LOA using hook-and-line gear to the annual amount
specified for catcher vessels less than 60 feet (18.3 m) LOA using
hook-and-line or pot gear.
The harvest specifications for 2023 Pacific cod included in final
2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR
14926, March 10, 2023), correction (88 FR 18258, March 28, 2023), and
reallocation (88 FR 18443, March 29, 2023) is revised as follows: 98 mt
to vessels using jig gear, 26,307 mt to trawl catcher vessels, 11 mt to
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using
hook-and-line gear, and 4,740 mt to catcher vessels less than 60 feet
(18.3 m) LOA using hook-and-line or pot gear.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR
[[Page 56779]]
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 August 15,
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: August 15, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-17910 Filed 8-18-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 21, 2023.
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