Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59811 

Dated: August 25, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–18764 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD264] 

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. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) length 

overall (LOA) using hook-and-line or 

pot gear 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 catcher vessels less than 60 

feet (18.3 meters) LOA using hook-andline or pot gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2023, 

through 2400 hours, A.l.t., December 31, 

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 

https://www.regulations.gov 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 https://www.regulations.gov 

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: 

Krista Milani, 907–581–2062. 

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 catcher vessels less than 

60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI under 

§ 679.20(d)(1)(iii) on January 16, 2023 

(88 FR 3318, January 19, 2023). 

NMFS has determined that as of 

August 24, 2023, approximately 1,400 

metric tons of Pacific cod remain in the 

2023 Pacific cod apportionment for 

catcher vessels less than 60 feet (18.3 

meters) LOA using hook-and-line or pot 

gear in the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

use the 2023 total allowable catch (TAC) 

of Pacific cod in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels less than 60 feet (18.3 

meters) LOA using hook-and-line or pot 

gear in the BSAI. The Administrator, 

Alaska Region, NMFS, (Regional 

Administrator) considered the following 

factors in reaching this decision: (1) the 

current catch of Pacific cod by catcher 

vessels less than 60 feet (18.3 meters) 

LOA using hook-and-line or pot gear 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 catcher vessels 

less than 60 feet (18.3 meters) LOA 

using hook-and-line or pot gear 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 catcher vessels less than 

60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address (see ADDRESSES) 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. 2023–18746 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–22–P 

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. 


lotter on DSK11XQN23PROD with RULES1