Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74067 

of golden tilefish that were harvested by 

hook-and-line, landed ashore, and sold 

before 12:01 a.m. eastern time on 

October 31, 2023, and were held in cold 

storage by a dealer or processor. For a 

person on board a vessel for which a 

Federal commercial or charter vessel/ 

headboat permit for the South Atlantic 

snapper-grouper fishery has been 

issued, the recreational bag and 

possession limits and the sale and 

purchase prohibitions during the 

commercial closure for golden tilefish 

apply regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1)(ii). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(a)(1), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, 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 are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

of the golden tilefish hook-and-line 

component have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

closure. Such procedures are also 

contrary to the public interest because 

of the need to immediately implement 

the closure to protect the golden tilefish 

resource and minimize the risk of 

exceeding the commercial ACL. Prior 

notice and opportunity for public 

comment would require time, which 

would allow for additional commercial 

landings, and could therefore result in 

exceedance of the sector ACL. 

For the reasons stated earlier, the 

Assistant Administrator also finds good 

cause to waive the 30-day delay in the 

effectiveness of this action under 5 

U.S.C. 553(d)(3). 

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

Dated: October 24, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–23835 Filed 10–25–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD297] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the 

2023 total allowable catch (TAC) of 

Pacific cod by vessels using pot gear in 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), October, 26, 2023, 

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

2023. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

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 MagnusonStevens 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 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

is 3,062 metric tons (mt) as established 

by the final 2023 and 2024 harvest 

specifications for groundfish in the GOA 

(88 FR 13238, March 2, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2023 Pacific cod 

TAC apportioned to vessels using pot 

gear in the Central Regulatory Area of 

the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 3,052 mt and is setting 

aside the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

While this closure is effective, the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of Pacific 

cod by vessels using pot gear in the 

Central Regulatory Area of the GOA. 

NMFS was unable to publish notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of October 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 and opportunity 

for public comment. 

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

Dated: October 25, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–23882 Filed 10–25–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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