Rule2023-18758
Fisheries of the Exclusive Economic Zone Off Alaska; 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 30, 2023
Effective
September 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is opening directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher/processors (CPs) in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2023 total allowable catch of Pacific cod allocated to AFA trawl CPs in the BSAI.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59811-59812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18758]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD250]
Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure; request for
comments.
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[[Page 59812]]
SUMMARY: NMFS is opening directed fishing for Pacific cod by American
Fisheries Act (AFA) trawl catcher/processors (CPs) in the Bering Sea
and Aleutian Islands Management Area (BSAI). This action is necessary
to fully use the 2023 total allowable catch of Pacific cod allocated to
AFA trawl CPs in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1,
2023, through 1200 hours, A.l.t., November 1, 2023. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 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="https://www.regulations.gov">https://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: Steve Whitney, 907-586-7228.
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 (Magnuson-Stevens Act). Regulations governing fishing by U.S.
vessels in accordance with the FMP appear at subpart H of 50 CFR parts
600 and 679.
NMFS closed directed fishing for Pacific cod by AFA trawl CPs in
the BSAI under Sec. 679.20(d)(1)(iii) on January 19, 2023 (88 FR 3318,
January 19, 2023).
NMFS has determined that as of August 24, 2023, approximately 1,000
metric tons of Pacific cod remain in the 2023 Pacific cod total
allowable catch (TAC) allocated to the AFA trawl CPs in the BSAI.
Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully use the 2023 TAC of Pacific cod in the
BSAI, NMFS is terminating the previous closure and is opening directed
fishing for Pacific cod by AFA trawl CPs in the BSAI. The
Administrator, Alaska Region, NMFS, considered the following factors in
reaching this decision: (1) the current catch of Pacific cod by AFA
trawl CPs in the BSAI 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 AFA trawl CPs 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 August 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.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by AFA trawl CPs in the BSAI 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 September 14, 2023.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-18758 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 30, 2023.
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