Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 71861-71862 [2024-19745]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations As described at 50 CFR 622.23(c), a Gulf state with an active delegation may request that NMFS close all, or an area of, Federal waters off that state to the harvest and possession of red snapper by private anglers. The state is required to request the closure by letter to NMFS, providing dates and geographic coordinates for the closure. If the request is within the scope of the analysis in Amendment 50A, NMFS publishes a notice in the Federal Register implementing the closure for the fishing year. Based on the analysis in Amendment 50A, Texas may request a closure of all Federal waters off the state to allow a year-round fishing season in state waters. As described at 50 CFR 622.2, ‘‘off Texas’’ is defined as the waters in the Gulf west of a rhumb line from 29°32.1′ N lat., 93°47.7′ W long. to 26°11.4′ N lat., 92°53′ W long., which line is an extension of the boundary between Louisiana and Texas. On November 8, 2023, NMFS received a request from the Texas Parks and Wildlife Department (TPWD) to close the EEZ off Texas to the red snapper private angling component for the first part of the 2024 fishing year. Texas requested that the closure be effective from January 1, 2024, until June 1, 2024. NMFS determined that the TPWD request was within the scope of analysis contained within Amendment 50A, and subsequently published a temporary rule in the Federal Register implementing that closure request (88 FR 83041, November 28, 2023). In that temporary rule, NMFS noted that TPWD would monitor private recreational landings, and if necessary, request that NMFS again close the EEZ in 2024 to ensure the Texas regional management area ACL is not exceeded. On August 26, 2024, NMFS received a new request from the TPWD to close the EEZ off Texas to the red snapper private angling component for the remainder of the 2024 fishing year. Texas requested that the closure be effective on September 7, 2024, through the end of the 2024 fishing year. NMFS has determined that this request is within the scope of analysis contained within Amendment 50A, which analyzed the potential impacts of a closure of all Federal waters off Texas when a portion of the Texas quota has been landed. As explained in Amendment 50A, Texas intends to maintain a year-round fishing season in state waters, during which the remaining part of Texas’ ACL could be caught. Therefore, the red snapper recreational private angling component in the Gulf EEZ off Texas will close from 12:01 a.m., local time, on VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 September 7, 2024, until 12:01 a.m., local time, on January 1, 2025. This closure applies to all private-anglers (those on board vessels that have not been issued a valid charter vessel/ headboat permit for Gulf reef fish) regardless of which state they are from or where they intend to land. On and after the effective dates of the closure in the EEZ off Texas, the harvest and possession of red snapper in the EEZ off Texas by the private angling component is prohibited and the bag and possession limits for the red snapper private angling component in the closed area is zero. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.23(c), 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 rule implementing the area closure authority and the state-specific private angling ACLs has already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because a failure to implement the closure immediately would be inconsistent with Texas’s state management plan and may result in less access to red snapper in state waters. For the aforementioned reasons, there is 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: August 28, 2024. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–19744 Filed 8–29–24; 4:15 pm] BILLING CODE 3510–22–P PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 71861 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240304–0068; RTID 0648– XE227] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure; request for comments. AGENCY: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2024 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet (18.3 meters) LOA using hook-andline or pot gear in the BSAI. DATES: Effective date: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 2024, through 2400 hours, A.l.t., December 31, 2024. Comments due date: Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 19, 2024. ADDRESSES: You may submit comments on this document, identified by docket number NOAA–NMFS–2023–0124, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0124 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or SUMMARY: E:\FR\FM\04SER1.SGM 04SER1 71862 Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). 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 (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. NMFS closed directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI under § 679.20(d)(1)(iii) on January 25, 2024 (89 FR 5135, January 26, 2024). NMFS has determined that as of August 28, 2024, approximately 1,800 metric tons of Pacific cod remain in the 2024 Pacific cod apportionment for catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot VerDate Sep<11>2014 17:03 Sep 03, 2024 Jkt 262001 gear in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2024 total allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the BSAI. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in reaching this decision: (1) the current catch of Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the BSAI and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. 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, PO 00000 Frm 00060 Fmt 4700 Sfmt 9990 and would delay the opening of directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot 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 August 28, 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. Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA using hookand-line or pot gear in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address (see ADDRESSES) until September 19, 2024. Authority: 16 U.S.C. 1801 et seq. Dated: August 28, 2024. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–19745 Filed 8–29–24; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71861-71862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240304-0068; RTID 0648-XE227]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to fully use the 2024 
total allowable catch of Pacific cod allocated to catcher vessels less 
than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the 
BSAI.

DATES: Effective date: Effective 1200 hours, Alaska local time 
(A.l.t.), September 1, 2024, through 2400 hours, A.l.t., December 31, 
2024.
    Comments due date: Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., September 19, 2024.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2023-0124, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0124 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or

[[Page 71862]]

otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

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 (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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in 
the BSAI under Sec.  679.20(d)(1)(iii) on January 25, 2024 (89 FR 5135, 
January 26, 2024).
    NMFS has determined that as of August 28, 2024, approximately 1,800 
metric tons of Pacific cod remain in the 2024 Pacific cod apportionment 
for catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-
line or pot gear in the BSAI. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 
2024 total allowable catch (TAC) of Pacific cod in the BSAI, NMFS is 
terminating the previous closure and is opening directed fishing for 
Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA 
using hook-and-line or pot gear in the BSAI. The Administrator, Alaska 
Region, NMFS, (Regional Administrator) considered the following factors 
in reaching this decision: (1) the current catch of Pacific cod by 
catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line 
or pot gear in the BSAI and, (2) the harvest capacity and stated intent 
on future harvesting patterns of vessels in participating in this 
fishery.

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 opening of directed 
fishing for Pacific cod by catcher vessels less than 60 feet (18.3 
meters) LOA using hook-and-line or pot 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 August 28, 
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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels less than 60 feet (18.3 meters) LOA 
using hook-and-line or pot gear in the BSAI to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec.  679.25(c)(2), interested persons are invited to submit written 
comments on this action to the above address (see ADDRESSES) until 
September 19, 2024.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 28, 2024.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-19745 Filed 8-29-24; 4:15 pm]
BILLING CODE 3510-22-P

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