Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category January Through March Quota Transfer, 3361-3363 [2024-00809]
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
280.33 Compatibility.
280.34 Repairs and replacements, except
as applied to ‘‘dispenser(s)’’ in (g), (h),
and (i).
280.35 Reporting recordkeeping, except
as applied to ‘‘dispensers’’ in (a)(4); and
except as applied to ‘‘shear valves’’ in
(b)(1).
280.37 Operator training.
280.38 Operation and maintenance
walkthrough inspections, except for
(b)(1)(iii).
Rule 2.4 Leak Detection
280.40 General requirements for all UST
systems.
280.41 Requirements for petroleum UST
systems.
280.42 Requirements for hazardous
substance UST systems.
280.43 Methods of leak detection for
tanks.
280.44 Methods of leak detection for
piping.
280.45 Leak detection recordkeeping.
Rule 2.5 Leak Reporting, Release Reporting,
Investigation, and Confirmation
280.50 Reporting of leaks and suspected
releases.
280.51 Investigation due to off-site
impacts.
280.52 Release investigation and
confirmation steps.
280.53 Reporting and cleanup of spills
and overfills.
Rule 2.6 Release Response and Corrective
Action for UST Systems Containing
Petroleum or Hazardous Substances
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and
site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and groundwater cleanup.
280.66 Corrective action plan.
Rule 2.7 Out-of-Service UST Systems and
Closure
280.70 Temporary closure.
280.71 Permanent closure and changesin-service.
280.72 Assessing the site at closure or
change-in-service.
280.73 Applicability to previously closed
UST systems.
280.74 Closure records.
Rule 2.8 Financial Responsibility
280.90 Applicability.
280.91 Compliance dates, except for
‘‘including Indian tribes’’ in (e), and (f).
280.92 Definition of terms, except for
‘‘and includes Indian tribes’’ from the
definition of ‘‘Local government.’’
280.93 Amount and scope of required
financial responsibility.
280.94 Allowable mechanisms and
combinations of mechanisms.
280.95 Financial test of self-insurance.
280.96 Guarantee.
280.97 Insurance and risk retention group
coverage.
280.98 Surety bond.
280.99 Letter of credit.
280.101 State fund or other State
assurance.
280.102 Trust fund.
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16:09 Jan 17, 2024
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280.103 Standby trust fund.
280.104 Local government bond rating
test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial
assurance mechanisms by owner or
operator.
280.109 Cancellation or nonrenewal by a
provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance
mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity
of owner or operator or provider of
financial assurance.
280.115 Replenishment of guarantees,
letters of credit, or surety bonds.
280.116 Suspension of enforcement.
[Reserved]
Rule 2.9 Lender Liability
280.120 Definitions.
280.121 Participation in management.
280.122 Ownership of an underground
storage tank or underground storage tank
system or facility or property on which
an underground storage tank or
underground storage tank system is
located.
280.123 Operating an underground
storage tank or underground storage tank
system.
Rule 2.10 UST Systems with FieldConstructed Tanks and Airport Hydrant
Fuel Distribution Systems.
280.130 Definitions.
280.131 General requirements.
280.132 Additions, exceptions, and
alternatives for UST systems with fieldconstructed tanks and airport hydrant
systems.
Note to paragraph (b) of Appendix A to
Part 282. 11 Miss. Admin. Code Pt. 5, Ch. 2,
280.42(b)(5) is approved as part of the UST
Program only to the extent that Mississippi
will not allow alternate release detection
methods for hazardous substance UST
systems installed on or after October 13,
2015. Sections 40 CFR 281.33(e) and
280.42(e) of the Federal regulations only
allow alternate release detection methods for
hazardous substance UST systems installed
prior to October 13, 2015. Mississippi’s
section 280.42(b)(5) does not contain an
analogous limitation on the use of alternative
release detection methods. In practice, MDEQ
does not allow alternative release detection
methods for hazardous substance tanks
installed after October 1, 2008. In a
subsequent rulemaking, MDEQ will revise 11
Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4,
section 280.42(b)(5) to clarify this point.
(C) Copies of the Mississippi statutes and
regulations that are incorporated by reference
are available from the Mississippi
Department of Environmental Quality, P.O.
Box 2261, Jackson, MS 29335; Phone
number: (601) 961–5171; website: https://
www.mdeq.ms.gov/water/groundwaterassessment-and-remediation/undergroundstorage-tanks/.
[FR Doc. 2024–00171 Filed 1–17–24; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193; RTID 0648–
XD628]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category January Through
March Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 20.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the General category
December 2024 subquota to the January
through March 2024 subquota period.
The adjusted General category January
through March 2024 subquota is 58.2
mt. This action provides further
opportunities for General category
fishermen to participate in the January
through March General category fishery,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
would affect Atlantic Tunas General
category (commercial) permitted vessels
and Atlantic Highly Migratory Species
(HMS) Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: Effective January 12, 2024,
through March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Ann
Williamson, ann.williamson@noaa.gov,
or Larry Redd, Jr., larry.redd@noaa.gov,
at 301–427–8503.
SUPPLEMENTARY INFORMATION: BFT
fisheries are managed under the 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C.
1801 et seq.) and consistent with the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR
part 635. Section 635.27 divides the
U.S. BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
SUMMARY:
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
As described in § 635.27(a), the
current baseline U.S. BFT quota is
1,316.14 mt (not including the 25 mt
ICCAT allocated to the United States to
account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). The
baseline quota for the General category
is 710.7 mt. The General category
baseline quota is suballocated to
different time periods. Relevant to this
action, the baseline subquotas for the
January through March time-period and
for the December time-period are 37.7
mt and 37.0 mt, respectively.
khammond on DSKJM1Z7X2PROD with RULES
Transfer From the December 2024
Subquota to the January Through
March 2024 Subquota
Under § 635.27(a)(1)(ii), NMFS has
the authority to transfer subquota from
one time period to another time period
through inseason action after
considering determination criteria
provided under § 635.27(a)(7). This
section focuses on the calculations
involved in transferring quota available
from the 2024 General category
December time period subquota to the
2024 General category January through
March time period subquota; the
consideration of the determination
criteria can be found below after this
section.
As stated above, the baseline
subquotas for the January through
March time-period and for the
December time-period are 37.7 mt and
37.0 mt, respectively. Transferring 20.5
mt from the General category December
time period to the General category
January through March time period,
results in an adjusted January through
March time period subquota of 58.2 mt
(37.7 mt + 20.5 mt = 58.2 mt), and an
adjusted December time period
subquota of 16.5 mt (37 mt ¥ 20.5 mt
= 16.5 mt). The General category quota
is available for use by Atlantic Tunas
General category (commercial)
permitted vessels and HMS Charter/
Headboat permitted vessels with a
commercial sale endorsement when
fishing commercially for BFT.
In summary, this transfer results in an
adjusted January through March 2024
time period subquota of 58.2 mt and an
adjusted December 2024 subquota of
16.5 mt. The General category fishery
will remain open until March 31, 2024,
or until the adjusted General category
quota is reached, whichever comes first.
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16:09 Jan 17, 2024
Jkt 262001
Consideration of the Relevant
Determination Criteria
NMFS has considered all of the
relevant determination criteria and their
applicability to this inseason quota
transfer. These considerations include,
but are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(7)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by tuna dealers provide NMFS
with valuable parts and data for ongoing
scientific studies of BFT age and
growth, migration, and reproductive
status. Additional opportunity to land
BFT in the General category would
support the continued collection of a
broad range of data for these studies and
for stock monitoring purposes.
NMFS also considered General
category catches in the December and
January through March time periods
over the last several years and the
likelihood of closure of the January
through March segment of the fishery if
no adjustment is made (§ 635.27(a)(7)(ii)
and (ix)). Without a quota transfer at
this time, based on recent catch rates in
comparison to the current available
quota (37.7 mt), NMFS would likely
need to close the General category
fishery shortly. Once the fishery is
closed, participants would have to stop
BFT fishing activities while
commercial-sized BFT remain available
in the areas where General category
permitted vessels operate. A quota
transfer at this time provides limited
additional opportunities to harvest the
U.S. BFT quota while avoiding
exceeding it.
Regarding the projected ability of the
vessels fishing under the General
category quota to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(7)(iii)), NMFS considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
depend on access to commercial-sized
BFT and fishing conditions, among
other factors. NMFS may adjust each
time period’s subquota based on
overharvest or underharvest in the prior
time period and may transfer subquota
from one time period to another time
period. By allowing for the current
quota adjustment and transfer, NMFS
anticipates that the General category
quota would be used before the end of
the fishing year. This quota transfer
would allow fishermen to take
advantage of the availability of BFT that
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Sfmt 4700
are currently on the fishing grounds and
provide a reasonable opportunity to
harvest the available U.S. BFT quota.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the BFT fishery might be
exceeded (§ 635.27(a)(7)(iv)) and the
ability to account for all 2024 landings
and dead discards. In the past few years,
total U.S. BFT landings have been below
the available U.S. quota such that the
United States has carried forward the
underharvest as allowed by ICCAT from
one year to the next. NMFS will need
to account for 2024 landings and dead
discards within the adjusted U.S. quota,
consistent with ICCAT
recommendations, and anticipates
having sufficient quota to do that.
NMFS also considered the effects of
the transfer on the BFT stock and on
accomplishing the objectives of the 2006
Consolidated HMS FMP
(§ 635.27(a)(7)(v) and (vi)). This transfer
would be with established quotas and
subquotas, which are implemented
consistent with ICCAT
Recommendation 22–10, ATCA, and the
objectives of the 2006 Consolidated
HMS FMP and amendments. In
establishing these quotas and subquotas
and associated management measures,
ICCAT and NMFS considered the best
scientific information available,
objectives for stock management and
status, and effects on the stock. This
quota transfer is in line with the
established management measures and
stock status determinations. Another
principal consideration is the objective
of providing opportunities to harvest the
available General category quota
without exceeding the annual quota,
based on the objectives of the 2006
Consolidated HMS FMP and its
amendments, including to achieve
optimum yield on a continuing basis
and to allow all permit categories a
reasonable opportunity to harvest
available BFT quota allocations (related
to § 635.27(a)(7)(x)). Specific to the
General category, this includes
providing opportunities equitably across
all time periods.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
to submit landing reports within 24
hours of a dealer receiving BFT. Late
reporting by dealers compromises
NMFS’ ability to timely implement
actions such as quota and retention
limit adjustments, as well as closures,
and may result in enforcement actions.
Additionally, and separate from the
dealer reporting requirement, General
category and HMS Charter/Headboat
vessel owners are required to report the
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
catch of all BFT retained or discarded
dead within 24 hours of the landing(s)
or the end of each trip, by accessing
https://www.hmspermits.noaa.gov or by
using the HMS Catch Reporting app or
calling 888–872–8862 (Monday through
Friday from 8 a.m. until 4:30 p.m.).
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments are necessary to ensure
available quota is not exceeded or to
enhance scientific data collection from,
and fishing opportunities in, all
geographic areas. If needed, subsequent
adjustments will be published in the
Federal Register.
khammond on DSKJM1Z7X2PROD with RULES
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635
and is exempt from review under
Executive Order 12866.
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
The Assistant Administrator for
NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to
waive prior notice and opportunity to
provide comment on this action, as
notice and comment would be
impracticable and contrary to the public
interest for the following reasons.
Specifically, the regulations
implementing the 2006 Consolidated
HMS FMP and amendments provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Providing for prior notice and
opportunity to comment is
impracticable and contrary to the public
interest as this fishery is currently
underway and, based on current
landings information, the available time
period subquota is projected to be
PO 00000
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Fmt 4700
Sfmt 9990
3363
reached shortly. Delaying this action
could result in BFT landings exceeding
the January through March time period
subquota. Taking this action does not
raise conservation and management
concerns. NMFS notes that the public
had an opportunity to comment on the
underlying rulemakings that established
the U.S. BFT quota and the inseason
adjustment criteria.
For all of the above reasons, the AA
finds that pursuant to 5 U.S.C. 553(d),
there is good cause to waive the 30-day
delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: January 11, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–00809 Filed 1–12–24; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3361-3363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00809]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD628]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category January Through March Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 20.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the General category December 2024 subquota to
the January through March 2024 subquota period. The adjusted General
category January through March 2024 subquota is 58.2 mt. This action
provides further opportunities for General category fishermen to
participate in the January through March General category fishery,
based on consideration of the regulatory determination criteria
regarding inseason adjustments. This action would affect Atlantic Tunas
General category (commercial) permitted vessels and Atlantic Highly
Migratory Species (HMS) Charter/Headboat permitted vessels with a
commercial sale endorsement when fishing commercially for BFT.
DATES: Effective January 12, 2024, through March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
[email protected], or Larry Redd, Jr., [email protected], at
301-427-8503.
SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006
Consolidated HMS Fishery Management Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR part 635. Section 635.27 divides
the U.S. BFT quota recommended by the International Commission for the
Conservation of Atlantic Tunas (ICCAT) and as implemented by the United
States among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated HMS FMP and its
amendments. NMFS is required under the Magnuson-Stevens
[[Page 3362]]
Act to provide U.S. fishing vessels with a reasonable opportunity to
harvest quotas under relevant international fishery agreements such as
the ICCAT Convention, which is implemented domestically pursuant to
ATCA.
As described in Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 mt (not including the 25 mt ICCAT allocated to the
United States to account for bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear Restricted Area). The baseline
quota for the General category is 710.7 mt. The General category
baseline quota is suballocated to different time periods. Relevant to
this action, the baseline subquotas for the January through March time-
period and for the December time-period are 37.7 mt and 37.0 mt,
respectively.
Transfer From the December 2024 Subquota to the January Through March
2024 Subquota
Under Sec. 635.27(a)(1)(ii), NMFS has the authority to transfer
subquota from one time period to another time period through inseason
action after considering determination criteria provided under Sec.
635.27(a)(7). This section focuses on the calculations involved in
transferring quota available from the 2024 General category December
time period subquota to the 2024 General category January through March
time period subquota; the consideration of the determination criteria
can be found below after this section.
As stated above, the baseline subquotas for the January through
March time-period and for the December time-period are 37.7 mt and 37.0
mt, respectively. Transferring 20.5 mt from the General category
December time period to the General category January through March time
period, results in an adjusted January through March time period
subquota of 58.2 mt (37.7 mt + 20.5 mt = 58.2 mt), and an adjusted
December time period subquota of 16.5 mt (37 mt - 20.5 mt = 16.5 mt).
The General category quota is available for use by Atlantic Tunas
General category (commercial) permitted vessels and HMS Charter/
Headboat permitted vessels with a commercial sale endorsement when
fishing commercially for BFT.
In summary, this transfer results in an adjusted January through
March 2024 time period subquota of 58.2 mt and an adjusted December
2024 subquota of 16.5 mt. The General category fishery will remain open
until March 31, 2024, or until the adjusted General category quota is
reached, whichever comes first.
Consideration of the Relevant Determination Criteria
NMFS has considered all of the relevant determination criteria and
their applicability to this inseason quota transfer. These
considerations include, but are not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(7)(i)), biological samples
collected from BFT landed by General category fishermen and provided by
tuna dealers provide NMFS with valuable parts and data for ongoing
scientific studies of BFT age and growth, migration, and reproductive
status. Additional opportunity to land BFT in the General category
would support the continued collection of a broad range of data for
these studies and for stock monitoring purposes.
NMFS also considered General category catches in the December and
January through March time periods over the last several years and the
likelihood of closure of the January through March segment of the
fishery if no adjustment is made (Sec. 635.27(a)(7)(ii) and (ix)).
Without a quota transfer at this time, based on recent catch rates in
comparison to the current available quota (37.7 mt), NMFS would likely
need to close the General category fishery shortly. Once the fishery is
closed, participants would have to stop BFT fishing activities while
commercial-sized BFT remain available in the areas where General
category permitted vessels operate. A quota transfer at this time
provides limited additional opportunities to harvest the U.S. BFT quota
while avoiding exceeding it.
Regarding the projected ability of the vessels fishing under the
General category quota to harvest the additional amount of BFT quota
transferred before the end of the fishing year (Sec.
635.27(a)(7)(iii)), NMFS considered General category landings over the
last several years and landings to date this year. Landings are highly
variable and depend on access to commercial-sized BFT and fishing
conditions, among other factors. NMFS may adjust each time period's
subquota based on overharvest or underharvest in the prior time period
and may transfer subquota from one time period to another time period.
By allowing for the current quota adjustment and transfer, NMFS
anticipates that the General category quota would be used before the
end of the fishing year. This quota transfer would allow fishermen to
take advantage of the availability of BFT that are currently on the
fishing grounds and provide a reasonable opportunity to harvest the
available U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the BFT fishery might be exceeded (Sec.
635.27(a)(7)(iv)) and the ability to account for all 2024 landings and
dead discards. In the past few years, total U.S. BFT landings have been
below the available U.S. quota such that the United States has carried
forward the underharvest as allowed by ICCAT from one year to the next.
NMFS will need to account for 2024 landings and dead discards within
the adjusted U.S. quota, consistent with ICCAT recommendations, and
anticipates having sufficient quota to do that.
NMFS also considered the effects of the transfer on the BFT stock
and on accomplishing the objectives of the 2006 Consolidated HMS FMP
(Sec. 635.27(a)(7)(v) and (vi)). This transfer would be with
established quotas and subquotas, which are implemented consistent with
ICCAT Recommendation 22-10, ATCA, and the objectives of the 2006
Consolidated HMS FMP and amendments. In establishing these quotas and
subquotas and associated management measures, ICCAT and NMFS considered
the best scientific information available, objectives for stock
management and status, and effects on the stock. This quota transfer is
in line with the established management measures and stock status
determinations. Another principal consideration is the objective of
providing opportunities to harvest the available General category quota
without exceeding the annual quota, based on the objectives of the 2006
Consolidated HMS FMP and its amendments, including to achieve optimum
yield on a continuing basis and to allow all permit categories a
reasonable opportunity to harvest available BFT quota allocations
(related to Sec. 635.27(a)(7)(x)). Specific to the General category,
this includes providing opportunities equitably across all time
periods.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota and retention limit adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General category and HMS Charter/Headboat vessel owners are required to
report the
[[Page 3363]]
catch of all BFT retained or discarded dead within 24 hours of the
landing(s) or the end of each trip, by accessing https://www.hmspermits.noaa.gov or by using the HMS Catch Reporting app or
calling 888-872-8862 (Monday through Friday from 8 a.m. until 4:30
p.m.).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments are necessary to ensure
available quota is not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas. If
needed, subsequent adjustments will be published in the Federal
Register.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to waive prior notice and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to the public interest for the
following reasons. Specifically, the regulations implementing the 2006
Consolidated HMS FMP and amendments provide for inseason retention
limit adjustments to respond to the unpredictable nature of BFT
availability on the fishing grounds, the migratory nature of this
species, and the regional variations in the BFT fishery. Providing for
prior notice and opportunity to comment is impracticable and contrary
to the public interest as this fishery is currently underway and, based
on current landings information, the available time period subquota is
projected to be reached shortly. Delaying this action could result in
BFT landings exceeding the January through March time period subquota.
Taking this action does not raise conservation and management concerns.
NMFS notes that the public had an opportunity to comment on the
underlying rulemakings that established the U.S. BFT quota and the
inseason adjustment criteria.
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 11, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-00809 Filed 1-12-24; 4:15 pm]
BILLING CODE 3510-22-P
