Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska, 68383-68384 [2022-24809]

Download as PDF Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All lane snapper weights discussed in this temporary rule are in round weight. The current stock ACL for Gulf lane snapper is 1,028,973 lb (466,734 kg). As specified in 50 CFR 622.41(k), if the sum of the commercial and recreational landings reaches or is projected to reach the stock ACL, then NMFS will close the commercial and recreational sectors for the remainder of the fishing year. Based on latest recreational landings estimates, which were available in October 2022, NMFS has determined that the stock ACL for Gulf lane snapper was reached as of August 28, 2022. Accordingly, this temporary rule closes the commercial and recreational sectors for Gulf lane snapper effective at 12:01 a.m., local time, on November 15, 2022, and both sectors will remain closed through the end of the current fishing year on December 31, 2022. During the commercial and recreational closures, the commercial sale or purchase of lane snapper taken from the Gulf EEZ is prohibited and all harvest or possession in or from the Gulf EEZ of lane snapper is prohibited. The prohibition on possession of Gulf lane snapper also applies in Gulf state waters for a vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. During the closures, the operator of a vessel with a valid commercial vessel permit for Gulf reef fish having lane snapper on board must have landed and bartered, traded, or sold such lane snapper prior to 12:01 a.m., local time, on November 15, 2022. The prohibition on the sale or purchase of lane snapper does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on November 15, 2022, and were held in cold storage by a dealer or processor. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.41(k), 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 is unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations VerDate Sep<11>2014 16:14 Nov 14, 2022 Jkt 259001 associated with the closure of the lane snapper commercial and recreational sectors at 50 CFR 622.41(k) have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment are contrary to the public interest because there is a need to immediately implement this action to protect the lane snapper stock. Prior notice and opportunity for public comment would require time and allow for additional harvest in excess of the stock ACL. For the aforementioned reasons, 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: November 9, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–24900 Filed 11–10–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220216–0049; RTID 0648– XC553] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: 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 2022 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective November 9, 2022, through 2400 hours, Alaska local time (A.l.t.), December 31, 2022. FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA according to the Fishery SUMMARY: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 68383 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. The 2022 Pacific cod TAC specified for catcher vessels using trawl gear in the Western Regulatory Area of the GOA is 2,579 metric tons (mt), as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). The 2022 Pacific cod TAC specified for vessels using pot gear in the Western Regulatory Area of the GOA is 2,552 mt, as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). The 2022 Pacific cod TAC specified for catcher vessels using hook-and-line gear in the Western Regulatory Area of the GOA is 94 mt, as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). The 2022 Pacific cod TAC specified for catcher/processors using hook-andline gear in the Western Regulatory Area of the GOA is 1,330 mt, as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that catcher vessels using trawl gear will not be able to harvest 400 mt of the 2022 Pacific cod TAC allocated to those vessels under § 679.20(a)(12)(i)(A)(3), and vessels using pot gear will not be able to harvest 150 mt of the 2022 Pacific cod TAC allocated to those vessels under § 679.20(a)(12)(i)(A)(5). Therefore, in accordance with § 679.20(a)(12)(ii)(B), NMFS apportions 400 mt of Pacific cod from catcher vessels using trawl gear to the annual amount specified for catcher/processors using hook-and-line gear, and 150 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 2022 Pacific cod included in the final 2022 and 2023 harvest specifications for groundfish in the Western Regulatory Area of the GOA (87 FR 11599, March 2, 2022) is revised as follows: 2,179 mt to catcher vessels using trawl gear, 2,402 mt to vessels using pot gear, 244 mt to catcher vessels using hook-and-line E:\FR\FM\15NOR1.SGM 15NOR1 68384 Federal Register / Vol. 87, No. 219 / Tuesday, November 15, 2022 / Rules and Regulations gear, and 1,730 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 November 8, 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: November 9, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–24809 Filed 11–9–22; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220216–0049; RTID 0648– XC375] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Hook-andLine Gear in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and lotter on DSK11XQN23PROD with RULES1 AGENCY: VerDate Sep<11>2014 16:14 Nov 14, 2022 Jkt 259001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS is prohibiting directed fishing for Pacific cod by catcher/ processors using hook-and-line (HAL) gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2022 Pacific cod total allowable catch (TAC) apportioned to catcher/processors using HAL gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 9, 2022, through 2400 hours, A.l.t., December 31, 2022. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 part 600 and 50 CFR part 679. The 2022 Pacific cod TAC apportioned to catcher/processors using HAL gear in the Central Regulatory Area of the GOA is 749 metric tons (mt) as established by the final 2022 and 2023 harvest specifications for groundfish in the GOA (87 FR 11599, March 2, 2022). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2022 Pacific cod TAC apportioned to catcher/processors using HAL gear in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 739 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 catcher/processors using HAL gear in the Central Regulatory Area of the GOA. SUMMARY: PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 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 catcher/processors using HAL gear in the Central 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 November 8, 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: November 9, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2022–24848 Filed 11–9–22; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68383-68384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24809]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC553]


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 2022 total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective November 9, 2022, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2022.

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

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. 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 2022 Pacific cod TAC specified for catcher vessels using trawl 
gear in the Western Regulatory Area of the GOA is 2,579 metric tons 
(mt), as established by the final 2022 and 2023 harvest specifications 
for groundfish in the GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for vessels using pot gear in 
the Western Regulatory Area of the GOA is 2,552 mt, as established by 
the final 2022 and 2023 harvest specifications for groundfish in the 
GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 94 mt, as 
established by the final 2022 and 2023 harvest specifications for 
groundfish in the GOA (87 FR 11599, March 2, 2022).
    The 2022 Pacific cod TAC specified for catcher/processors using 
hook-and-line gear in the Western Regulatory Area of the GOA is 1,330 
mt, as established by the final 2022 and 2023 harvest specifications 
for groundfish in the GOA (87 FR 11599, March 2, 2022).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to harvest 400 mt of the 2022 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 150 mt of the 2022 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 400 mt of Pacific cod from catcher vessels using trawl gear 
to the annual amount specified for catcher/processors using hook-and-
line gear, and 150 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 2022 Pacific cod included in the 
final 2022 and 2023 harvest specifications for groundfish in the 
Western Regulatory Area of the GOA (87 FR 11599, March 2, 2022) is 
revised as follows: 2,179 mt to catcher vessels using trawl gear, 2,402 
mt to vessels using pot gear, 244 mt to catcher vessels using hook-and-
line

[[Page 68384]]

gear, and 1,730 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 November 8, 
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: November 9, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-24809 Filed 11-9-22; 4:15 pm]
BILLING CODE 3510-22-P

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