Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Regulatory Area of the Gulf of Alaska, 4580 [2024-01344]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Page 4580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01344]



[[Page 4580]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230224-0053; RTID 0648-XD678]


Fisheries of the Exclusive Economic Zone Off Alaska; 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for the Pacific cod 
sideboard limit by non-exempt American Fisheries Act (AFA) catcher 
vessels in the Western Regulatory Area of the Gulf of Alaska (GOA). 
This action is necessary to prevent exceeding the annual 2024 Pacific 
cod sideboard limit established for non-exempt AFA catcher vessels in 
the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 20, 
2024, through 2400 hours, A.l.t., December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The annual 2024 Pacific cod sideboard limit established for non-
exempt AFA catcher vessels in the Western Regulatory Area is 640 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)(iv), the Regional 
Administrator has determined that the annual 2024 Pacific cod sideboard 
limit established for non-exempt AFA catcher vessels in the Western 
Regulatory Area will soon be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 0 mt and 
is setting aside the remaining 640 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this sideboard 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for the annual 2024 Pacific cod sideboard 
limit for non-exempt AFA catcher vessels 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 directed fishing closure 
of the annual 2024 Pacific cod sideboard limit for the non-exempt AFA 
catcher vessels in the Western Regulatory Area of the GOA. NMFS was 
unable to publish a notification providing time for public comment 
because the most recent, relevant data only became available as of 
January 16, 2024.
    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 18, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-01344 Filed 1-19-24; 4:15 pm]
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