73244 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD479] 

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 the 

Amendment 80 sector 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 October 20, 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 parts 600 and 679. 

The 2023 Pacific cod TAC specified 

for trawl catcher vessels in the BSAI is 

25,307 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 reallocations (88 FR 56778, 

August 21, 2023, and 88 FR 67666, 

October 2, 2023). 

The 2023 Pacific cod TAC allocated to 

the Amendment 80 sector in the BSAI 

is 16,954 mt as established by the final 

2023 and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023), and corrections (88 FR 

18258, March 28, 2023 and 88 FR 

67666, October 2, 2023). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that trawl catcher vessels 

will not be able to harvest 700 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)(B), NMFS reallocates 

700 mt from trawl catcher vessels to the 

annual amount specified the 

Amendment 80 sector. 

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; 88 

FR 67666, October 2, 2023) is revised as 

follows: 24,607 mt to trawl catcher 

vessels and 17,654 mt to the 

Amendment 80 sector. 

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 19, 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 20, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–23575 Filed 10–20–23; 4:15 pm] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1