Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 20080-20081 [2023-07014]
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial sector for golden
tilefish comprises the longline and
hook-and-line components. The
commercial golden tilefish ACL is
allocated 75 percent to the longline
component and 25 percent to the hookand-line component. The commercial
ACL (equivalent to the commercial
quota) is 331,740 lb (150,475 kg) in
gutted weight, and the longline
component quota is 248,805 lb (112,856
kg) in gutted weight (50 CFR
622.190(a)(2)(iii)).
Under 50 CFR 622.193(a)(1)(ii), NMFS
is required to close the commercial
longline component for golden tilefish
when the longline component’s
commercial quota specified under 50
CFR 622.190(a)(2)(iii) is reached or is
projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. After the
longline component quota is reached or
is projected to be reached, golden
tilefish may not be commercially fished
or possessed by a vessel with a golden
tilefish longline endorsement. NMFS
previously determined that the
commercial quota for the golden tilefish
longline component in the South
Atlantic would be reached by February
26, 2023. Therefore, NMFS published a
temporary rule to close the commercial
longline component for South Atlantic
golden tilefish from February 26, 2023,
through the end of the 2023 fishing year
(88 FR 11397, February 23, 2023).
However, a more recent estimation of
golden tilefish landings harvested by
longline gear indicates that the
commercial longline ACL for golden
tilefish has not been met.
In accordance with 50 CFR 622.8(c),
NMFS temporarily re-opens the
commercial longline component for
golden tilefish on April 4, 2023. The
commercial longline component will
remain open for 3 days to allow for the
commercial longline ACL to be reached.
The commercial longline component
will be closed from 12:01 a.m. eastern
time on April 7, 2023, until January 1,
2024, the start of the next fishing year.
NMFS has determined that this reopening will allow an additional
opportunity to commercially harvest the
golden tilefish longline component
quota while minimizing the risk of
exceeding the commercial ACL.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish having golden tilefish
on board must have landed and
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bartered, traded, or sold such golden
tilefish before 12:01 a.m. eastern time on
April 7, 2023. During the subsequent
commercial longline closure, golden
tilefish may still be commercially
harvested using hook-and-line gear
while the hook-and-line component is
open. However, a vessel with a golden
tilefish longline endorsement is not
eligible to fish for or possess golden
tilefish using hook-and-line gear under
the hook-and-line commercial trip limit,
as specified in 50 CFR 622.191(a)(2)(ii).
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish with golden tilefish
on board must have landed and
bartered, traded, or sold such golden
tilefish before 12:01 a.m. eastern time on
April 7, 2023. During the commercial
longline closure, the recreational bag
and possession limits specified in 50
CFR 622.187(b)(2)(iii) and (c)(1),
respectively, apply to all harvest or
possession of golden tilefish in or from
the South Atlantic EEZ by a vessel with
a golden tilefish longline endorsement.
The sale or purchase of longlinecaught golden tilefish taken from the
South Atlantic EEZ is prohibited during
the commercial longline closure. The
prohibition on sale or purchase does not
apply to the sale or purchase of
longline-caught golden tilefish that were
harvested, landed ashore, and sold
before 12:01 a.m. eastern time on April
7, 2023, and were held in cold storage
by a dealer or processor. Additionally,
the recreational bag and possession
limits and the sale and purchase
provisions of the commercial closure
apply to a person on board a vessel with
a golden tilefish longline endorsement,
regardless of whether the golden tilefish
are harvested in state or Federal waters,
as specified in 50 CFR 622.190(c)(1).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.190(a)(2)(iii) and 622.193(a)(1)(ii),
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 is
unnecessary. Such procedure is
unnecessary, because the regulations
associated with the commercial longline
component quota for golden tilefish and
a re-opening to provide an opportunity
for the quota to be harvested have
already been subject to notice and
public comment, and all that remains is
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to notify the public of the commercial
longline component re-opening.
For the reasons stated earlier, the
Assistant Administrator for Fisheries
also finds good cause to waive the 30day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–07031 Filed 3–31–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230306–0065; RTID 0648–
XC860]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting 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
prevent exceeding the B season
apportionment of the 2023 Pacific cod
total allowable catch (TAC) allocated to
catcher vessels using trawl gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), April 2, 2023, through
1200 hours, A.l.t., June 10, 2023.
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. 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 B season apportionment of the
2023 Pacific cod TAC allocated to
SUMMARY:
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Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
catcher vessels using trawl gear in the
BSAI is 2,949 metric tons (mt) as
established by the final 2023 and 2024
harvest specifications for groundfish in
the BSAI (88 FR 14926, March 10,
2023).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the B season
apportionment of the 2023 Pacific cod
TAC allocated to trawl catcher vessels
in the BSAI will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 2,000 mt and is setting
aside the remaining 949 mt as incidental
catch 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
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directed fishing for Pacific cod by
catcher vessels using trawl gear in the
BSAI.
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,
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20081
and would delay the closure 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 March 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: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–07014 Filed 3–31–23; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20080-20081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07014]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230306-0065; RTID 0648-XC860]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Trawl Gear 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; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting 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 prevent exceeding
the B season apportionment of the 2023 Pacific cod total allowable
catch (TAC) allocated to catcher vessels using trawl gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 2, 2023,
through 1200 hours, A.l.t., June 10, 2023.
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. 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 B season apportionment of the 2023 Pacific cod TAC allocated to
[[Page 20081]]
catcher vessels using trawl gear in the BSAI is 2,949 metric tons (mt)
as established by the final 2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926, March 10, 2023).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the B season
apportionment of the 2023 Pacific cod TAC allocated to trawl catcher
vessels in the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 2,000 mt
and is setting aside the remaining 949 mt as incidental catch 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 catcher vessels using
trawl gear in the BSAI.
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
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 March 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: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07014 Filed 3-31-23; 4:15 pm]
BILLING CODE 3510-22-P
