[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7756-7757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02845]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210210-0018; RTID 0648-XB777]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels 
Using Pot Gear 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits, and operating as catcher vessels (CVs) using pot gear, in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the A season allowance of the 2022 
sideboard limit established for non-AFA crab vessels that are operating 
as CVs using pot gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 7, 
2022, through 1200 hrs, A.l.t., June 10, 2022.

FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.

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 Magnuson-
Stevens Fishery Conservation and Management 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The A season allowance of the 2022 Pacific cod sideboard limit 
established for non-AFA crab vessels, and that are operating as CVs 
using pot gear in the Western Regulatory Area of the GOA, is 442 metric 
tons (mt), as established by the final 2021 and 2022 harvest 
specification for groundfish in the GOA (86 FR 10184, February 19, 
2021) and inseason adjustment (86 FR 74384, December 30, 2021).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the A season allowance of the 2022 
Pacific cod sideboard limit established for non-AFA crab vessels that 
are operating as CVs using pot gear in the Western Regulatory Area of 
the GOA will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 442 mt and is setting 
aside the remaining 0 mt as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec.  680.22(e)(3), the 
Regional Administrator finds that this sideboard directed fishing 
allowance has been reached. Consequently, NMFS is prohibiting directed 
fishing for Pacific cod by vessels using pot gear in the Western 
Regulatory Area of the GOA.

[[Page 7757]]

    While this closure is effective the maximum retainable amounts at 
Sec.  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 sideboard directed fishing 
closure of Pacific cod for non-AFA crab vessels that are subject to 
sideboard limits, and that are operating as CVs using pot gear in the 
Western Regulatory Area of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of February 4, 2022.
    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: February 7, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-02845 Filed 2-7-22; 4:15 pm]
BILLING CODE 3510-22-P