Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 61542 [2022-22139]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Page 61542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22139]



[[Page 61542]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054]
RTID 0648-XC277


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea Subarea of the Bering Sea and Aleutian Islands 
Management Area

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, except 
for the Community Development Quota program (CDQ), in the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the non-CDQ allocation of 
the 2022 Pacific cod total allowable catch (TAC) in the Bering Sea 
subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 7, 2022, 
through 2400 hrs, A.l.t., December 31, 2022.

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. 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.
    The non-CDQ allocation of the 2022 Pacific cod TAC in the Bering 
Sea subarea of the BSAI is 121,864 metric tons (mt) as established by 
the final 2022 and 2023 harvest specifications for groundfish in the 
BSAI (87 FR 11626, March 2, 2022). In accordance with Sec.  
679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined 
that the non-CDQ allocation of the 2022 Pacific cod TAC in the Bering 
Sea subarea of the BSAI will soon be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 118,664 
mt, and is setting aside the remaining 3,200 mt as incidental catch in 
directed fishing for other species. In accordance with Sec.  
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 in the Bering Sea subarea of the BSAI.
    While this closure is effective, the maximum retainable amounts at 
50 CFR 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 directed fishing closure 
of non-CDQ Pacific cod in the Bering Sea subarea of 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 October 5, 
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: October 6, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-22139 Filed 10-6-22; 4:15 pm]
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