Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 2271-2272 [2023-00543]

Download as PDF Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No: 210325–0071] RTID 0648–XC671 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 1B Possession Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; possession limit adjustment. AGENCY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit for Atlantic herring for Management Area 1B. This is required because NMFS projects that herring catch from Area 1B will reach 92 percent of the Area’s current sub-annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 1B, which would result in additional catch limit reductions in a subsequent year. DATES: Effective 00:01 hr local time, January 11, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management Specialist, 978–281–9196. SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater Atlantic Regional Office monitors Atlantic herring fishery catch in each Management Area based on vessel and dealer reports, state data, and other available information. Regulations at 50 CFR 648.201(a)(1)(i)(A) require that NMFS implement a 2,000-lb (907.2-kg) possession limit for herring for Area 1B beginning on the date that catch is projected to reach 92 percent of the subannual catch limit (ACL) for that area. Based on vessel reports, dealer reports, and other available information the Regional Administrator projects that the herring fleet will have caught 92 percent of the Area 1B sub-ACL by January 6, 2023. Therefore, effective 00:01 hr local time January 11, 2023, through December 31, 2023, a person may not attempt or do any of the following: Fish for; possess; transfer; purchase; receive; land; or sell more than 2,000 lb (907.2-kg) of herring per trip or more than once per calendar day in or from Area 1B. Vessels that enter port before 00:01 hr local time on January 11, 2023, may lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 land and sell more than 2,000 lb (907.2 kg) of herring from Area 1B from that trip, provided that catch is landed in accordance with state management measures. Vessels may transit or land in Area 1B with more than 2,000 lb (907.2 kg) of herring on board, provided that: The herring were caught in an area not subject to a 2,000-lb (907.2-kg) limit; all fishing gear is stowed and not available for immediate use; and the vessel is issued a permit appropriate to the amount of herring on board and the area where the herring was harvested. Also effective 00:01 hr local time, January 11, 2023, through 24:00 hr local time, December 31, federally permitted dealers may not attempt or do any of the following: Purchase; receive; possess; have custody or control of; sell; barter; trade; or transfer more than 2,000 lb (907.2 kg) of herring per trip or calendar day from Area 1B, unless it is from a vessel that enters port before 00:01 hr local time on January 11, 2023, and catch is landed in accordance with state management measures. The projected catch is 92 percent of the current Area 1B sub-ACL. The current Area 1B sub-ACL is equal to the 2023 Area 1B sub-ACL that was previously implemented through Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan (FMP), which will remain in place until it is revised through the specification process. NMFS is working on implementing updated 2023 specifications as soon as practicable consistent with the specifications process. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment because it is unnecessary, contrary to the public interest, and impracticable. Ample prior notice and opportunity for public comment has been provided for the required implementation of this action. The requirement to implement this possession limit was developed by the New England Fishery Management Council using public meetings that invited public comment on the measures when they were developed and considered along with alternatives. Further, the regulations requiring NMFS to implement this possession limit also were subject to public notice and opportunity to comment, when they were first adopted in 2014. Herring fishing industry participants monitor catch closely and anticipate potential possession limit adjustments as catch PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 2271 totals approach Area sub-ACLs. The regulation provides NMFS with no discretion and is designed for implementation as quickly as possible to prevent catch from exceeding limits designed to prevent overfishing while allowing the fishery to achieve optimum yield. The 2023 herring fishing year began on January 1, 2023. Data indicating that the herring fleet will have landed at least 92 percent of the 2023 sub-ACL allocated to Area 1B only recently became available. High-volume catch and landings in this fishery can increase total catch relative to the sub-ACL quickly, especially in this fishing year where annual catch limits are unusually low. If implementation of this possession limit adjustment is delayed to solicit prior public comment, the 2023 sub-ACL for Area 1B will likely be exceeded; thereby undermining the conservation objectives of the Herring FMP. If sub-ACLs are exceeded, the excess must be deducted from a future sub-ACL and would reduce future fishing opportunities. The public expects these actions to occur in a timely way consistent with the FMP’s objectives. For the reasons stated above, NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: January 10, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–00602 Filed 1–10–23; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220223–0054; RTID 0648– XC668] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area 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 vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1 2272 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2023 total allowable catch of Pacific cod to be harvested. Effective January 10, 2023, through 2400 hours, Alaska local time (A.l.t.), December 31, 2023. FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (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 A season apportionment of the 2023 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,019 metric tons (mt) as established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) and inseason adjustment (87 FR 80090, December 29, 2022). The 2023 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 lotter on DSK11XQN23PROD with RULES1 DATES: VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 meters (m)) length overall (LOA) using hook-and-line or pot gear in the BSAI is 2,413 mt as established by final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) and inseason adjustment (87 FR 80090, December 29, 2022). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 950 mt of the A season apportionment of the 2023 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iv)(C), NMFS apportions 950 mt of Pacific cod from the A season jig gear apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. The harvest specifications for 2023 Pacific cod included in final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) and inseason adjustment (87 FR 80090, December 29, 2022) are revised as follows: 69 mt to the A season apportionment and 748 mt to the annual amount for vessels using jig gear, and 3,363 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens PO 00000 Frm 00098 Fmt 4700 Sfmt 9990 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 reallocation of Pacific cod specified from jig vessels to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 9, 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: January 9, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–00543 Filed 1–10–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2271-2272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054; RTID 0648-XC668]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 meters) length overall using hook-and-line or

[[Page 2272]]

pot gear in the Bering Sea and Aleutian Islands management area. This 
action is necessary to allow the A season apportionment of the 2023 
total allowable catch of Pacific cod to be harvested.

DATES: Effective January 10, 2023, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2023.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 A season apportionment of the 2023 Pacific cod total allowable 
catch (TAC) specified for vessels using jig gear in the BSAI is 1,019 
metric tons (mt) as established by the final 2022 and 2023 harvest 
specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) 
and inseason adjustment (87 FR 80090, December 29, 2022).
    The 2023 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot 
gear in the BSAI is 2,413 mt as established by final 2022 and 2023 
harvest specifications for groundfish in the BSAI (87 FR 11626, March 
2, 2022) and inseason adjustment (87 FR 80090, December 29, 2022).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 950 mt of 
the A season apportionment of the 2023 Pacific cod TAC allocated to 
those vessels under Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in 
accordance with Sec.  679.20(a)(7)(iv)(C), NMFS apportions 950 mt of 
Pacific cod from the A season jig gear apportionment to the annual 
amount specified for catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear.
    The harvest specifications for 2023 Pacific cod included in final 
2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 
11626, March 2, 2022) and inseason adjustment (87 FR 80090, December 
29, 2022) are revised as follows: 69 mt to the A season apportionment 
and 748 mt to the annual amount for vessels using jig gear, and 3,363 
mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot 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, 
as it would prevent NMFS from responding to the most recent fisheries 
data in a timely fashion, and would delay the reallocation of Pacific 
cod specified from jig vessels to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of January 9, 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: January 9, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-00543 Filed 1-10-23; 4:15 pm]
BILLING CODE 3510-22-P

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