Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska, 74067 [2023-23882]

Download as PDF Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations of golden tilefish that were harvested by hook-and-line, landed ashore, and sold before 12:01 a.m. eastern time on October 31, 2023, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/ headboat permit for the South Atlantic snapper-grouper fishery has been issued, the recreational bag and possession limits and the sale and purchase prohibitions during the commercial closure for golden tilefish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(a)(1), 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial closure of the golden tilefish hook-and-line component have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Such procedures are also contrary to the public interest because of the need to immediately implement the closure to protect the golden tilefish resource and minimize the risk of exceeding the commercial ACL. Prior notice and opportunity for public comment would require time, which would allow for additional commercial landings, and could therefore result in exceedance of the sector ACL. For the reasons stated earlier, 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: October 24, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. khammond on DSKJM1Z7X2PROD with RULES [FR Doc. 2023–23835 Filed 10–25–23; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 230224–0053; RTID 0648– XD297] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska 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 vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2023 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), October, 26, 2023, through 2400 hours, A.l.t., December 31, 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 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 parts 600 and 679. The 2023 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA is 3,062 metric tons (mt) as established by the final 2023 and 2024 harvest specifications for groundfish in the GOA (88 FR 13238, March 2, 2023). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2023 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA will soon be reached. SUMMARY: PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 74067 Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,052 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 vessels using pot gear in the Central Regulatory Area of the GOA. 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 vessels using pot gear in the Central Regulatory Area of the GOA. NMFS was unable to publish notice providing time for public comment because the most recent, relevant data only became available as of October 24, 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: October 25, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–23882 Filed 10–25–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Page 74067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD297]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Pot Gear in the Central 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 Central Regulatory Area of the Gulf of 
Alaska (GOA). This action is necessary to prevent exceeding the 2023 
total allowable catch (TAC) of Pacific cod by vessels using pot gear in 
the Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), October, 26, 
2023, through 2400 hours, A.l.t., December 31, 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 (Magnuson-Stevens Act). 
Regulations governing fishing by U.S. vessels in accordance with the 
FMP appear at subpart H of 50 CFR parts 600 and 679.
    The 2023 Pacific cod TAC apportioned to vessels using pot gear in 
the Central Regulatory Area of the GOA is 3,062 metric tons (mt) as 
established by the final 2023 and 2024 harvest specifications for 
groundfish in the GOA (88 FR 13238, March 2, 2023).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the 2023 Pacific cod TAC apportioned 
to vessels using pot gear in the Central Regulatory Area of the GOA 
will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 3,052 mt and is setting 
aside the remaining 10 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 Central 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 Central Regulatory Area of the GOA. NMFS 
was unable to publish notice providing time for public comment because 
the most recent, relevant data only became available as of October 24, 
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: October 25, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-23882 Filed 10-25-23; 4:15 pm]
BILLING CODE 3510-22-P

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