Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska, 7369 [2023-02330]

Download as PDF Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Rules and Regulations Dated: January 30, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTECTION ACT OF 1972 1. The authority citation for 50 CFR part 229 continues to read as follows: ■ Authority: 16 U.S.C. 1361 et seq.; § 229.32(f) also issued under 16 U.S.C. 1531 et seq. 2. Amend § 229.32 by adding paragraph (c)(3)(iv) to read as follows: ■ § 229.32 Atlantic large whale take reduction plan regulations. lotter on DSK11XQN23PROD with RULES1 * * * * * (c) * * * (3) * * * (iv) Massachusetts Restricted Area Emergency Extension. During the period from February 1, 2023 through April 30, 2023, the Massachusetts Restricted Area defined in paragraph (c)(3)(i) of this section is extended from the Massachusetts state waters boundary at MRAW1 to MRAW2 (also MRA3 in Table 11 to paragraph (c)(3)(i)), then it is bounded by a rhumb line connecting points MRAW2 to MRAW3 (MRA4), and then bounded by a rhumb line connecting points MRAW3 through MRAW4 (MRA5) back to MRAW1, in the order detailed in Table 11a to paragraph (c)(3)(iv); From February 1, 2023 through April 30, 2023, it is prohibited to fish with, set, or possess trap/pot gear in the area in this paragraph (c)(3)(iv) of this section unless it is fished without buoy lines or with buoy lines that are stored on the bottom until remotely released for hauling, or buoy lines that are stowed in accordance with § 229.2. Authorizations for fishing without buoy lines must be obtained if such fishing would not be in accordance with surface marking requirements of §§ 697.21 and 648.84 of this title or other applicable fishery management regulations. The minimum number of trap/trawl gear configuration requirements specified in paragraph (c)(2)(iv) of this section remain in effect unless an exemption to those requirements is authorized. VerDate Sep<11>2014 15:54 Feb 02, 2023 Jkt 259001 groundfish in the GOA (87 FR 11599, March 2, 2022) and inseason adjustment Point Lat Long (87 FR 80088, December 29, 2022). In accordance with § 679.20(d)(1)(i), MRAW1 ................ 42°39.77′ 70°30′ the Regional Administrator has MRAW2 (MRA3) ... 42°12′ 70°38.69′ MRAW3 (MRA4) ... 42°12′ 70°30′ determined that the A season allowance MRAW4 (MRA5) ... 42°30′ 70°30′ of the 2023 Pacific cod TAC MRAW1 ................ 42°39.77′ 70°30′ apportioned to vessels using pot gear in the Western Regulatory Area of the GOA will soon be reached. Therefore, the * * * * * [FR Doc. 2023–02185 Filed 2–1–23; 8:45 am] Regional Administrator is establishing a directed fishing allowance of 993 mt BILLING CODE 3510–22–P and is setting aside the remaining 5 mt as bycatch to support other anticipated DEPARTMENT OF COMMERCE groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional National Oceanic and Atmospheric Administrator finds that this directed Administration fishing allowance has been reached. Consequently, NMFS is prohibiting 50 CFR Part 679 directed fishing for Pacific cod by vessels using pot gear in the Western [Docket No. 220216–0049; RTID 0648– Regulatory Area of the GOA. XC670] While this closure is effective, the Fisheries of the Exclusive Economic maximum retainable amounts at Zone Off Alaska; Pacific Cod by § 679.20(e) and (f) apply at any time Vessels Using Pot Gear in the Western during a trip. Regulatory Area of the Gulf of Alaska Classification AGENCY: National Marine Fisheries NMFS issues this action pursuant to Service (NMFS), National Oceanic and section 305(d) of the Magnuson-Stevens Atmospheric Administration (NOAA), Act. This action is required by 50 CFR Commerce. part 679, which was issued pursuant to ACTION: Temporary rule; closure. section 304(b), and is exempt from SUMMARY: NMFS is prohibiting directed review under Executive Order 12866. fishing for Pacific cod by vessels using Pursuant to 5 U.S.C. 553(b)(B), there pot gear in the Western Regulatory Area is good cause to waive prior notice and of the Gulf of Alaska (GOA). This action an opportunity for public comment on is necessary to prevent exceeding the A this action, as notice and comment season allowance of the 2023 total would be impracticable and contrary to allowable catch (TAC) of Pacific cod by the public interest, as it would prevent vessels using pot gear in the Western NMFS from responding to the most Regulatory Area of the GOA. recent fisheries data in a timely fashion, DATES: Effective 1200 hrs, Alaska local and would delay the closure of Pacific time (A.l.t.), February 1, 2023, through cod by vessels using pot gear in the 1200 hrs, A.l.t., June 10, 2023. Western Regulatory Area of the GOA. FOR FURTHER INFORMATION CONTACT: NMFS was unable to publish a notice Abby Jahn, 907–586–7228. providing time for public comment because the most recent, relevant data SUPPLEMENTARY INFORMATION: NMFS only became available as of January 30, manages the groundfish fishery in the 2023. GOA exclusive economic zone according to the Fishery Management The Assistant Administrator for Plan for Groundfish of the Gulf of Fisheries, NOAA also finds good cause Alaska (FMP) prepared by the North to waive the 30-day delay in the Pacific Fishery Management Council effective date of this action under 5 under authority of the MagnusonU.S.C. 553(d)(3). This finding is based Stevens Fishery Conservation and upon the reasons provided above for Management Act. Regulations governing waiver of prior notice and opportunity fishing by U.S. vessels in accordance for public comment. with the FMP appear at subpart H of 50 Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. Dated: January 31, 2023. The A season allowance of the 2023 Jennifer M. Wallace, Pacific cod TAC apportioned to vessels using pot gear in the Western Regulatory Acting Director, Office of Sustainable Area of the GOA is 998 metric tons (mt) Fisheries, National Marine Fisheries Service. [FR Doc. 2023–02330 Filed 1–31–23; 4:15 pm] as established by the final 2022 and 2023 harvest specifications for BILLING CODE 3510–22–P TABLE 11a TO (c)(3)(iv) For the reasons set out in the preamble, 50 CFR part 229 is amended as follows: 7369 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Rules and Regulations]
[Page 7369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02330]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220216-0049; RTID 0648-XC670]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by 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 
vessels 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 2023 total allowable catch (TAC) of Pacific cod 
by vessels using pot gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 1, 
2023, through 1200 hrs, A.l.t., June 10, 2023.

FOR FURTHER INFORMATION CONTACT: Abby Jahn, 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 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 allowance of the 2023 Pacific cod TAC apportioned to 
vessels using pot gear in the Western Regulatory Area of the GOA is 998 
metric tons (mt) as established by the final 2022 and 2023 harvest 
specifications for groundfish in the GOA (87 FR 11599, March 2, 2022) 
and inseason adjustment (87 FR 80088, December 29, 2022).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the A season allowance of the 2023 
Pacific cod TAC apportioned to vessels 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 
993 mt and is setting aside the remaining 5 mt as bycatch to support 
other anticipated groundfish fisheries. 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 by vessels using pot gear in the 
Western Regulatory Area of the GOA.
    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 closure of Pacific cod by 
vessels 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 
January 30, 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 31, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-02330 Filed 1-31-23; 4:15 pm]
BILLING CODE 3510-22-P

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