67666 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

fm (91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from May 15 

through July 15 (seaward of 50 fm (91 

m) is open), is open at all depths from 

July 16 through October 2, 2023, and is 

prohibited in the EEZ shoreward of the 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from October 

October 3, 2023 through December 31. 

Closures around Cordell Bank (see 

paragraph (c)(3)(i)(C) of this section) 

also apply in this area. 

(4) Between 37°11′ N lat. and 34°27′ 

N lat. (Central Management Area), 

recreational fishing for the RCG 

Complex and lingcod is closed from 

January 1 through April 30, is open at 

all depths from May 1 through 

September 30; and is prohibited in the 

EEZ shoreward of a boundary line 

approximating the 50 fm (91 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from October 1 through December 31 

(seaward of 50 fm (91 m) is open). 

(5) South of 34°27′ N lat. (Southern 

Management Area), recreational fishing 

for the RCG Complex and lingcod is 

closed from January 1 through March 

31, open at all depths from April 1 

through September 15; and is prohibited 

in the EEZ shoreward of a boundary line 

approximating the 50 fm (91 m) depth 

contour from September 16 through 

December 31 along the mainland coast 

and along islands and offshore 

seamounts (seaward of 50 fm (91 m) is 

open), except in the CCAs where fishing 

is prohibited seaward of the 40 fm (73 

m) depth contour when the fishing 

season is open (see paragraph (c)(3)(i)(B) 

of this section). 

* * * * * 

[FR Doc. 2023–21710 Filed 9–29–23; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD425] 

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 trawl catcher vessels to catcher 

vessels less than 60 feet (18.3 m) length 

overall (LOA) using hook-and-line or 

pot gear and to Amendment 80 trawl 

catcher/processors 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 September 26, 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 trawl catcher vessels in the BSAI is 

26,307 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 56778, August 21, 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 4,740 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 reallocations (88 FR 18443, 

March 29, 2023; 88 FR 56778, August 

21, 2023). 

The 2023 Pacific cod TAC allocated to 

Amendment 80 trawl catcher/processors 

in the BSAI is 16,254 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 Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that trawl catcher vessels 

will not be able to harvest 1,000 mt of 

the 2023 Pacific cod TAC allocated to 

those vessels under 

§ 679.20(a)(7)(ii)(A)(9). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

300 mt from trawl catcher vessels to the 

annual amount specified for catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, and in 

accordance with § 679.20(a)(7)(iii)(B), 

NMFS reallocates 700 mt from trawl 

catcher vessels to the annual amount 

specified for Amendment 80 trawl 

catcher/processors. 

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 

reallocations (88 FR 18443, March 29, 

2023; 88 FR 56778, August 21, 2023) is 

revised as follows: 25,307 mt to trawl 

catcher vessels, 5,040 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, and 

16,954 mt to Amendment 80 trawl 

catcher/processors. 

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 September 26, 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: September 26, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21556 Filed 9–26–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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