Rule2023-22958
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of 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
October 18, 2023
Effective
October 16, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is prohibiting directed fishing for Pacific cod, except for the Community Development Quota program (CDQ), in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the non-CDQ allocation of the 2023 Pacific cod total allowable catch (TAC) in the Bering Sea subarea of the BSAI.
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Page 71775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22958]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XD274]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Bering Sea Subarea of 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, except
for the Community Development Quota program (CDQ), in the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area (BSAI).
This action is necessary to prevent exceeding the non-CDQ allocation of
the 2023 Pacific cod total allowable catch (TAC) in the Bering Sea
subarea of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 16,
2023, through 2400 hrs, 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 non-CDQ allocation of the 2023 Pacific cod TAC in the Bering
Sea subarea of the BSAI is 113,776 metric tons (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). In accordance with Sec. 679.20(d)(1)(i), the Administrator,
Alaska Region, NMFS, has determined that the non-CDQ allocation of the
2023 Pacific cod TAC in the Bering Sea subarea of the BSAI will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 110,976 mt, and is setting aside the
remaining 2,800 mt as incidental catch in directed fishing for other
species. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
cod in the Bering Sea subarea of the BSAI.
While this closure is effective, the maximum retainable amounts at
50 CFR 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 directed fishing closure
of non-CDQ Pacific cod in the Bering Sea subarea of the BSAI. NMFS was
unable to publish notice providing time for public comment because the
most recent, relevant data only became available as of October 12,
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: October 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22958 Filed 10-13-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 18, 2023.
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