Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Rules and Regulations 21815 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220223–0054; RTID 0648– 

XB954] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; 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; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands Management Area 

(BSAI). This action is necessary to fully 

use the 2022 total allowable catch of 

Pacific cod allocated to catcher vessels 

using trawl gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), April 11, 2022, 

through 1200 hours, A.l.t., June 10, 

2022. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 28, 2022. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2020–0141, 

by either of the following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2020–0141 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Records Office. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 B season apportionment of the 

2022 Pacific cod TAC allocated to 

catcher vessels using trawl gear in the 

BSAI is 3,262 metric tons (mt) as 

established by the final 2022 and 2023 

harvest specifications for groundfish in 

the BSAI (87 FR 11626, March 2, 2022). 

NMFS closed directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the BSAI under § 679.20(d)(1)(iii) on 

April 2, 2022 (87 FR 19808, April 6, 

2022). 

NMFS has determined that as of April 

7, 2022, approximately 1,700 metric 

tons of Pacific cod remain in the B 

season apportionment of the 2022 

Pacific cod allocated to catcher vessels 

using trawl gear in the BSAI. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

use the 2022 total allowable catch (TAC) 

of Pacific cod in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels using trawl gear in 

the BSAI. The Administrator, Alaska 

Region, NMFS, (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of Pacific cod by catcher vessels 

using trawl gear in the BSAI and, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels in 

participating in this fishery. 

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 opening of Pacific 

cod by catcher vessels using trawl gear 

in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 7, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels by trawl 

gear in the BSAI to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

April 28, 2022. 

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

Dated: April 8, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–07916 Filed 4–8–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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