[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76141-76142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24461]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD509]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels using trawl gear and vessels using pot gear to 
catcher vessels using hook-and-line gear and catcher/processors using 
hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska 
(GOA). This action is necessary to allow the 2023 total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective November 1, 2023, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2023.

[[Page 76142]]


FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA 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 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 catcher vessels using trawl 
gear in the Western Regulatory Area of the GOA is 1,956 metric tons 
(mt), as established by the final 2023 and 2024 harvest specifications 
for groundfish in the GOA (88 FR 13238, March 2, 2023).
    The 2023 Pacific cod TAC specified for vessels using pot gear in 
the Western Regulatory Area of the GOA is 1,936 mt, as established by 
the final 2023 and 2024 harvest specifications for groundfish in the 
GOA (88 FR 13238, March 2, 2023).
    The 2023 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 71 mt, as 
established by the final 2023 and 2024 harvest specifications for 
groundfish in the GOA (88 FR 13238, March 2, 2023).
    The 2023 Pacific cod TAC specified for catcher/processors using 
hook-and-line gear in the Western Regulatory Area of the GOA is 1,009 
mt, as established by the final 2023 and 2024 harvest specifications 
for groundfish in the GOA (88 FR 13238, March 2, 2023).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to harvest 430 mt of the 2023 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(12)(i)(A)(3), and vessels using pot gear 
will not be able to harvest 220 mt of the 2023 Pacific cod TAC 
allocated to those vessels under Sec.  679.20(a)(12)(i)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(12)(ii)(B), NMFS 
apportions 430 mt of Pacific cod from catcher vessels using trawl gear 
to the annual amount specified for catcher/processors using hook-and-
line gear, and 220 mt of Pacific cod from vessels using pot gear to the 
annual amount specified for catcher vessels using hook-and-line gear.
    The harvest specifications for 2023 Pacific cod included in the 
final 2023 and 2024 harvest specifications for groundfish in the 
Western Regulatory Area of the GOA (88 FR 13238, March 2, 2023) is 
revised as follows: 1,526 mt to catcher vessels using trawl gear, 1,716 
mt to vessels using pot gear, 291 mt to catcher vessels using hook-and-
line gear, and 1,439 mt to catcher/processors using hook-and-line gear.

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 31, 
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: November 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-24461 Filed 11-1-23; 4:15 pm]
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