Rule2023-24461
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod 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
November 6, 2023
Effective
November 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear and vessels using pot gear to catcher vessels using hook-and-line gear and catcher/processors using hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska (GOA). 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 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76141-76142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24461]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230224-0053; RTID 0648-XD509]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels using trawl gear and vessels using pot gear to
catcher vessels using hook-and-line gear and catcher/processors using
hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to allow the 2023 total allowable catch
(TAC) of Pacific cod to be harvested.
DATES: Effective November 1, 2023, through 2400 hours, Alaska local
time (A.l.t.), December 31, 2023.
[[Page 76142]]
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA 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 (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.
The 2023 Pacific cod TAC specified for catcher vessels using trawl
gear in the Western Regulatory Area of the GOA is 1,956 metric tons
(mt), as established by the final 2023 and 2024 harvest specifications
for groundfish in the GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for vessels using pot gear in
the Western Regulatory Area of the GOA is 1,936 mt, as established by
the final 2023 and 2024 harvest specifications for groundfish in the
GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 71 mt, as
established by the final 2023 and 2024 harvest specifications for
groundfish in the GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for catcher/processors using
hook-and-line gear in the Western Regulatory Area of the GOA is 1,009
mt, as established by the final 2023 and 2024 harvest specifications
for groundfish in the GOA (88 FR 13238, March 2, 2023).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 430 mt of the 2023 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(12)(i)(A)(3), and vessels using pot gear
will not be able to harvest 220 mt of the 2023 Pacific cod TAC
allocated to those vessels under Sec. 679.20(a)(12)(i)(A)(5).
Therefore, in accordance with Sec. 679.20(a)(12)(ii)(B), NMFS
apportions 430 mt of Pacific cod from catcher vessels using trawl gear
to the annual amount specified for catcher/processors using hook-and-
line gear, and 220 mt of Pacific cod from vessels using pot gear to the
annual amount specified for catcher vessels using hook-and-line gear.
The harvest specifications for 2023 Pacific cod included in the
final 2023 and 2024 harvest specifications for groundfish in the
Western Regulatory Area of the GOA (88 FR 13238, March 2, 2023) is
revised as follows: 1,526 mt to catcher vessels using trawl gear, 1,716
mt to vessels using pot gear, 291 mt to catcher vessels using hook-and-
line gear, and 1,439 mt to catcher/processors using hook-and-line gear.
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.
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 October 31,
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: November 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-24461 Filed 11-1-23; 4:15 pm]
BILLING CODE 3510-22-P
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