56778 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may access https://www.hmspermits.

noaa.gov, for updates on quota 

monitoring and inseason adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 553(b)(B), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to the public 

interest for the following reasons. 

Specifically, the regulations 

implementing the 2006 Consolidated 

HMS FMP and amendments provide for 

inseason retention limit adjustments 

and fishery closures to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. Providing 

for prior notice and an opportunity to 

comment is impracticable and contrary 

to the public interest as this fishery is 

currently underway and, based on 

landings information, the available time 

period subquota is projected to be 

reached shortly. Delaying this action 

could result in BFT landings exceeding 

the June through August time period 

subquota. Taking this action does not 

raise conservation or management 

concerns. NMFS notes that the public 

had an opportunity to comment on the 

underlying rulemakings that established 

the U.S. BFT quota and the inseason 

adjustment criteria. 

For all of the above reasons, the AA 

also finds that pursuant to 5 U.S.C. 

553(d), there is good cause to waive the 

30-day delay in effective date. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 16, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–17915 Filed 8–16–23; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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-andline 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-andline 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 § 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 

§ 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 § 679.20(a)(7)(ii)(A)(3). 

Therefore, in accordance with 

§ 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 

§ 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 hookand-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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 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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