Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; Extension of 2024 Specifications Emergency Measures, 79452-79454 [2024-22373]
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79452
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
PART 423—VOLUNTARY MEDICARE
PRESCRIPTION DRUG BENEFIT
4. The authority citation for part 423
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1306, 1395w–
101 through 1395w–152, and 1395hh.
§ 423.153
[Amended]
5. Amend § 423.153 by:
a. Revising the section heading;
b. In paragraph (a), removing the
phrase ‘‘an MTMP as described’’ and
adding in its place the phrase ‘‘an MTM
program as described’’;
■ c. In paragraph (d), adding a
paragraph heading;
■ d. In paragraph (d)(1)(vi), removing
the term ‘‘MTMP’’ and adding in its
place the phrase ‘‘MTM program’’;
■ e. In paragraph (d)(1)(vii) introductory
text, removing the term ‘‘MTMP’’ and
adding in its place the phrase ‘‘MTM
program’’;
■ f. In paragraph (d)(6), removing the
term ‘‘MTMP’’ and adding in its place
the phrase ‘‘MTM program’’; and
■ g. Redesignating paragraphs (g)(i)
through (iii) as paragraphs (g)(1)(i)
through (iii).
The revision and addition read as
follows:
■
■
■
§ 423.346 Drug utilization management,
quality assurance, medication therapy
management (MTM) programs, drug
management programs, and access to
Medicare Parts A and B claims data
extracts.
*
*
*
*
(d) Medication therapy management
(MTM) program—* * *
*
*
*
*
*
■ 6. Amend § 423.346, in paragraph
(e)(2), by removing the phrase
‘‘contracts that is’’ and adding in its
place the phrase ‘‘contracts that are’’.
PART 460—PROGRAMS OF ALLINCLUSIVE CARE FOR THE ELDERLY
(PACE)
7. The authority citation for part 460
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1395,
1395eee(f), and 1396u–4(f).
8. Amend § 460.20 by:
a. Redesignating paragraphs (d) and
(e) as paragraphs (e) and (f); and
■ b. Adding a new paragraph (d).
The addition reads as follows:
ddrumheller on DSK120RN23PROD with RULES1
■
■
Notice of CMS determination.
*
*
*
*
*
(d) Additional information requested.
If CMS determines that an application is
not complete because it does not
include sufficient information to make a
determination, CMS will request
VerDate Sep<11>2014
16:22 Sep 27, 2024
Jkt 262001
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–22203 Filed 9–27–24; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240514–0138; RTID 0648–
XE252]
Fisheries of the Northeastern United
States; Atlantic Spiny Dogfish Fishery;
Extension of 2024 Specifications
Emergency Measures
*
§ 460.20
additional information within 90 days,
or 45 days for applications set forth in
§ 460.10(a)(2), after the date of
submission of the application.
(1) The time limits in paragraph (a) of
this section do not begin until CMS
receives all requested information and
the application is complete.
(2) If more than 12 months elapse
between the date of initial submission of
the application and the entity’s response
to the CMS request for additional
information, the entity must update the
application to provide the most current
information and materials related to the
application.
*
*
*
*
*
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
This emergency action
extends the 2024 emergency action
specifications for the spiny dogfish
fishery through the remainder of the
2024 fishing year and implements an
accountability measure consistent with
the regulations implementing the Spiny
Dogfish Fishery Management Plan. This
action is necessary to maintain
allowable harvest levels for the spiny
dogfish fishery to prevent overfishing
while minimizing adverse economic
impacts on fishing communities, using
the best scientific information available.
DATES: Effective November 18, 2024,
through April 30, 2025.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action,
other considered alternatives, and
analyses of the impacts of all
alternatives. Copies of the specifications
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
document, including the EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
action-archive.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Policy Analyst,
(978) 281–9184, laura.deighan@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The implementing regulations for the
Atlantic Spiny Dogfish Fishery
Management Plan (FMP) are found at 50
CFR part 648 subpart L, and require the
specification of regulatory harvest
limits, including an acceptable
biological catch (ABC), annual catch
limit (ACL), annual catch target (ACT),
total allowable landings (TAL), and a
coastwide commercial quota, with each
fishing year running from May 1
through April 30. Under the authority of
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), NMFS
issued a temporary emergency rule to
implement spiny dogfish specifications
for the first 6 months of the 2024 fishing
year on May 22, 2024 (89 FR 44924),
and took public comment on the
emergency rule through June 21, 2024.
The Federal Register notification on the
emergency rule (89 FR 44926) indicated
that ‘‘[a]fter considering public
comments on this rule, NMFS may
extend the interim measures for one
additional period of not more than 186
days to maintain these measures for the
remainder of the 2024 fishing year.’’ The
emergency rule set the ABC equal to the
overfishing limit (OFL) of 7,818 mt
(17.24 million lb), used the Monitoring
Committee’s recommended model-based
values for discards, and accounted for
expected recreational landings, resulting
in a commercial quota of 5,140 mt
(11.33 million lb).
The Mid-Atlantic and New England
Fishery Management Councils
(Councils) jointly manage the Atlantic
Spiny Dogfish FMP, with the MidAtlantic Council acting as the
administrative lead. NMFS was unable
to approve the Councils’ recommended
2024 specifications because they relied
on a discard estimate that violated
National Standard 2, which requires
management measures to be based on
the best available science.
Given significant concerns raised by
the fishing industry about the risk to the
associated fishing communities if the
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
commercial quota were substantially
reduced, NMFS took emergency action
to set the 2024 spiny dogfish
specifications at levels higher than the
Scientific and Statistical Committee
(SSC) and Monitoring Committee
recommendation for 2024. NMFS set the
2024 specifications with the ABC equal
to the OFL, resulting in no more than a
50-percent chance of overfishing,
consistent with National Standard 1.
These specifications resulted in a higher
commercial quota when using the
model-based discard estimate, which is
considered the best scientific
information available. The emergency
rule responded to concerns under
National Standard 8 regarding the
ability of the dogfish industry, and the
communities that depend upon it, to
continue to participate in the fishery
while remaining consistent with the
provisions of National Standard 1, that
we prevent overfishing, and National
Standard 2, that we base management
measures on the best scientific
information available. The Federal
Register notification for the original
emergency more fully describes the
rationale for this action.
The 2023 ACL was 7,751 mt (17.09
million lb), and data on the dogfish
fishery’s performance in fishing year
2023 became available after the
publication of the initial emergency
rule. Final catch information indicate
that total dead catch in fishing year
2023, including Federal commercial,
state-only commercial, and recreational
landings and estimated dead discards,
was 8,243 mt (18.17 million lb). This
represents a fishing year 2023 ACL
overage of 491 mt (1.08 million lb). The
spiny dogfish regulations at 50 CFR
648.233(c) require a deduction of the
exact amount of the ACL overage, by
weight, from a subsequent singlefishing-year ACL, as soon as possible.
This action extends the emergency
specifications through the end of the
2024 fishing year and reduces the
remaining ACL and commercial quota to
account for the 2023 ACL overage, as
required by the regulations. We could
not have included this adjustment in the
initial emergency rule because complete
data on fishing year 2023 were not yet
available when that rule was
promulgated.
The emergency measures will expire
on November 18, 2024, under the
Magnuson-Stevens Act’s initial 180-day
limit on the duration of an emergency
action. The Magnuson-Stevens Act
allows an extension of emergency
actions for up to 186 days, provided that
the public had an opportunity to
comment on the emergency action and,
for Council-recommended actions, the
Council is actively preparing measures
to address the emergency. We will
consider the Councils’ recommended
specifications for 2025 and 2026 in
subsequent rulemakings. This
emergency action is intended to provide
a 1-year bridge, with a slightly higher
risk of overfishing (i.e., 50 percent,
versus the Council-recommended 46
percent) on a stock above its biomass
target, to mitigate the potential longterm adverse economic and social
impact should the fishery lose access to
its sole remaining commercial
processor.
Extending the emergency action
prevents the spiny dogfish fishery from
reverting to the 2023 specifications that
would be in place through a rollover
provision when the emergency action
expires. The underlying emergency
conditions have not changed. The 2023
79453
specifications included a higher ABC
and commercial quota, which are not
consistent with the best available
scientific information to prevent
overfishing with at least a 50-percent
probability. Reverting to the 2023
specifications would result in an
increased risk of overfishing. Fishing
vessel owners and operators have
changed their fishing behavior in
anticipation of the emergency action’s
continuation through the end of the
fishing year. Therefore, we are
extending the emergency measures
through the end of the 2024 fishing year
(April 30, 2025). For the same reasons
noted in the May 22, 2024, emergency
rule, NMFS has determined that
extending the emergency action to
maintain the 2024 specifications
through the end of the fishing year
meets the criteria for emergency action.
Application of Accountability Measure
for 2023 Overage
This action will extend the 2024
specifications through the end of the
fishing year on April 30, 2025, and will
reduce the ACL and commercial quota
to pay back an ACL overage in fishing
year 2023. By operation of the spiny
dogfish accountability measures, a
payback for an overage must occur ‘‘as
soon as possible from a subsequent
single fishing year ACL.’’ (50 CFR
648.233(c)). The initial emergency rule
set the 2024 ACL at 7,782 mt (17.16
million lb) and the commercial quota at
5,140 mt (11.33 million lb). When
accounting for the 491 mt (1.08 million
lb) overage in fishing year 2023, this
results in an updated ACL of 7,291 mt
(16.07 million lb) and a commercial
quota of 4,649 mt (10.25 million lb) for
fishing year 2024 (table 1).
TABLE 1—UPDATED ATLANTIC SPINY DOGFISH SPECIFICATIONS FOR FY2024
Adjusted specifications
ddrumheller on DSK120RN23PROD with RULES1
lb
OFL ..................................................................................................................
ABC ..................................................................................................................
Canadian Landings ..........................................................................................
Domestic ABC .................................................................................................
ACL Reduction (FY2023 Overage) ..................................................................
ACL ..................................................................................................................
Management Uncertainty Buffer ......................................................................
Amount of buffer ..............................................................................................
ACT ..................................................................................................................
U.S. Discards * .................................................................................................
TAL ..................................................................................................................
U.S. Recreational Landings .............................................................................
Commercial Quota ...........................................................................................
Initial specifications
mt
17,235,719
17,235,719
79,366
17,156,353
1,082,487
16,073,866
0
0
16,073,866
5,577,689
10,496,177
246,917
10,249,260
7,818
7,818
36
7,782
491
7,291
0
0
7,291
2,530
4,761
112
4,649
lb
mt
17,235,719
17,235,719
79,366
17,156,353
........................
17,156,353
0
0
17,156,353
5,577,689
11,578,664
246,917
11,331,747
7,818
7,818
36
7,782
........................
7,782
0
0
7,782
2,530
5,252
112
5,140
* This table corrects a typographical error in the U.S. discards, which was published as 5,577,698 lb in the initial emergency rule.
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79454
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
Comments and Responses
DEPARTMENT OF COMMERCE
The public comment period for the
original emergency rule ended on June
21, 2024, and NMFS did not receive any
comments from the public.
National Oceanic and Atmospheric
Administration
Classification
[Docket No. 240227–0061]
The Assistant Administrator for
Fisheries, NOAA, has determined that
this rule is necessary to respond to an
emergency situation and is consistent
with the national standards and other
provisions of the Magnuson-Stevens Act
and other applicable laws.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under the authority contained in 5
U.S.C. 553(b)(B) that it is contrary to the
public interest and impracticable to
provide prior notice and opportunity for
the public to comment. As more fully
explained above, the reasons justifying
promulgation of this action on an
emergency basis, coupled with the fact
that the public has had the opportunity
to comment on NMFS’ emergency
action that this is extending, make
solicitation of public comment
unnecessary, impractical, and contrary
to the public interest. In the interest of
receiving public input on this action,
the EA analyzing the impacts of this
action was made available to the public
and the original emergency action
solicited public comment.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from review by the Office of
Management and Budget.
The analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable to this
emergency rule extension because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law. Therefore, a regulatory
flexibility analysis is not required, and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
ddrumheller on DSK120RN23PROD with RULES1
Dated: September 20, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–22373 Filed 9–27–24; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
16:22 Sep 27, 2024
50 CFR Part 679
Jkt 262001
RTID 0648–XE228
Fisheries of the Economic Exclusive
Zone Off Alaska; Pollock Fishing by
Vessels Using Trawl 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 pollock by vessels using
trawl gear in the Central Regulatory
Area of the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the 2024 Chinook salmon prohibited
species catch limit established for
vessels using trawl gear in the Central
Regulatory Area of the GOA.
DATES: Effective September 25, 2024,
through 2400 hours, A.l.t., December 31,
2024.
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 part 600
and 50 CFR part 679.
The 2024 Chinook salmon prohibited
species catch (PSC) limit for vessels
directed fishing for pollock using trawl
gear in the Central Regulatory Area of
the GOA is 18,316 Chinook salmon
(§ 679.21(h)(2)(ii)).
In accordance with § 679.21(h)(8)(i),
the Regional Administrator has
determined that the 2024 Chinook
salmon PSC limit established for vessels
directed fishing for pollock using trawl
gear in the Central Regulatory Area of
the GOA has been reached. Therefore,
NMFS is prohibiting directed fishing for
pollock by vessels using trawl gear in
the Central Regulatory Area of the GOA.
SUMMARY:
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Fmt 4700
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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 closing directed
fishing for pollock by vessels using
trawl gear in the Central Regulatory
Area of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of September 25, 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: September 25, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–22378 Filed 9–25–24; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 240304–0068; RTID 0648–
XE312]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
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; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear to
catcher vessels less than 60 feet (18.3 m)
length overall (LOA) using hook-andline or pot gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to allow
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79452-79454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240514-0138; RTID 0648-XE252]
Fisheries of the Northeastern United States; Atlantic Spiny
Dogfish Fishery; Extension of 2024 Specifications Emergency Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
-----------------------------------------------------------------------
SUMMARY: This emergency action extends the 2024 emergency action
specifications for the spiny dogfish fishery through the remainder of
the 2024 fishing year and implements an accountability measure
consistent with the regulations implementing the Spiny Dogfish Fishery
Management Plan. This action is necessary to maintain allowable harvest
levels for the spiny dogfish fishery to prevent overfishing while
minimizing adverse economic impacts on fishing communities, using the
best scientific information available.
DATES: Effective November 18, 2024, through April 30, 2025.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action, other considered alternatives, and analyses of the impacts
of all alternatives. Copies of the specifications document, including
the EA, are available on request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901. These documents are also
accessible via the internet at https://www.mafmc.org/action-archive.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Policy Analyst,
(978) 281-9184, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The implementing regulations for the Atlantic Spiny Dogfish Fishery
Management Plan (FMP) are found at 50 CFR part 648 subpart L, and
require the specification of regulatory harvest limits, including an
acceptable biological catch (ABC), annual catch limit (ACL), annual
catch target (ACT), total allowable landings (TAL), and a coastwide
commercial quota, with each fishing year running from May 1 through
April 30. Under the authority of section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), NMFS
issued a temporary emergency rule to implement spiny dogfish
specifications for the first 6 months of the 2024 fishing year on May
22, 2024 (89 FR 44924), and took public comment on the emergency rule
through June 21, 2024. The Federal Register notification on the
emergency rule (89 FR 44926) indicated that ``[a]fter considering
public comments on this rule, NMFS may extend the interim measures for
one additional period of not more than 186 days to maintain these
measures for the remainder of the 2024 fishing year.'' The emergency
rule set the ABC equal to the overfishing limit (OFL) of 7,818 mt
(17.24 million lb), used the Monitoring Committee's recommended model-
based values for discards, and accounted for expected recreational
landings, resulting in a commercial quota of 5,140 mt (11.33 million
lb).
The Mid-Atlantic and New England Fishery Management Councils
(Councils) jointly manage the Atlantic Spiny Dogfish FMP, with the Mid-
Atlantic Council acting as the administrative lead. NMFS was unable to
approve the Councils' recommended 2024 specifications because they
relied on a discard estimate that violated National Standard 2, which
requires management measures to be based on the best available science.
Given significant concerns raised by the fishing industry about the
risk to the associated fishing communities if the
[[Page 79453]]
commercial quota were substantially reduced, NMFS took emergency action
to set the 2024 spiny dogfish specifications at levels higher than the
Scientific and Statistical Committee (SSC) and Monitoring Committee
recommendation for 2024. NMFS set the 2024 specifications with the ABC
equal to the OFL, resulting in no more than a 50-percent chance of
overfishing, consistent with National Standard 1. These specifications
resulted in a higher commercial quota when using the model-based
discard estimate, which is considered the best scientific information
available. The emergency rule responded to concerns under National
Standard 8 regarding the ability of the dogfish industry, and the
communities that depend upon it, to continue to participate in the
fishery while remaining consistent with the provisions of National
Standard 1, that we prevent overfishing, and National Standard 2, that
we base management measures on the best scientific information
available. The Federal Register notification for the original emergency
more fully describes the rationale for this action.
The 2023 ACL was 7,751 mt (17.09 million lb), and data on the
dogfish fishery's performance in fishing year 2023 became available
after the publication of the initial emergency rule. Final catch
information indicate that total dead catch in fishing year 2023,
including Federal commercial, state-only commercial, and recreational
landings and estimated dead discards, was 8,243 mt (18.17 million lb).
This represents a fishing year 2023 ACL overage of 491 mt (1.08 million
lb). The spiny dogfish regulations at 50 CFR 648.233(c) require a
deduction of the exact amount of the ACL overage, by weight, from a
subsequent single-fishing-year ACL, as soon as possible. This action
extends the emergency specifications through the end of the 2024
fishing year and reduces the remaining ACL and commercial quota to
account for the 2023 ACL overage, as required by the regulations. We
could not have included this adjustment in the initial emergency rule
because complete data on fishing year 2023 were not yet available when
that rule was promulgated.
The emergency measures will expire on November 18, 2024, under the
Magnuson-Stevens Act's initial 180-day limit on the duration of an
emergency action. The Magnuson-Stevens Act allows an extension of
emergency actions for up to 186 days, provided that the public had an
opportunity to comment on the emergency action and, for Council-
recommended actions, the Council is actively preparing measures to
address the emergency. We will consider the Councils' recommended
specifications for 2025 and 2026 in subsequent rulemakings. This
emergency action is intended to provide a 1-year bridge, with a
slightly higher risk of overfishing (i.e., 50 percent, versus the
Council-recommended 46 percent) on a stock above its biomass target, to
mitigate the potential long-term adverse economic and social impact
should the fishery lose access to its sole remaining commercial
processor.
Extending the emergency action prevents the spiny dogfish fishery
from reverting to the 2023 specifications that would be in place
through a rollover provision when the emergency action expires. The
underlying emergency conditions have not changed. The 2023
specifications included a higher ABC and commercial quota, which are
not consistent with the best available scientific information to
prevent overfishing with at least a 50-percent probability. Reverting
to the 2023 specifications would result in an increased risk of
overfishing. Fishing vessel owners and operators have changed their
fishing behavior in anticipation of the emergency action's continuation
through the end of the fishing year. Therefore, we are extending the
emergency measures through the end of the 2024 fishing year (April 30,
2025). For the same reasons noted in the May 22, 2024, emergency rule,
NMFS has determined that extending the emergency action to maintain the
2024 specifications through the end of the fishing year meets the
criteria for emergency action.
Application of Accountability Measure for 2023 Overage
This action will extend the 2024 specifications through the end of
the fishing year on April 30, 2025, and will reduce the ACL and
commercial quota to pay back an ACL overage in fishing year 2023. By
operation of the spiny dogfish accountability measures, a payback for
an overage must occur ``as soon as possible from a subsequent single
fishing year ACL.'' (50 CFR 648.233(c)). The initial emergency rule set
the 2024 ACL at 7,782 mt (17.16 million lb) and the commercial quota at
5,140 mt (11.33 million lb). When accounting for the 491 mt (1.08
million lb) overage in fishing year 2023, this results in an updated
ACL of 7,291 mt (16.07 million lb) and a commercial quota of 4,649 mt
(10.25 million lb) for fishing year 2024 (table 1).
Table 1--Updated Atlantic Spiny Dogfish Specifications for FY2024
----------------------------------------------------------------------------------------------------------------
Adjusted specifications Initial specifications
---------------------------------------------------------------
lb mt lb mt
----------------------------------------------------------------------------------------------------------------
OFL............................................. 17,235,719 7,818 17,235,719 7,818
ABC............................................. 17,235,719 7,818 17,235,719 7,818
Canadian Landings............................... 79,366 36 79,366 36
Domestic ABC.................................... 17,156,353 7,782 17,156,353 7,782
ACL Reduction (FY2023 Overage).................. 1,082,487 491 .............. ..............
ACL............................................. 16,073,866 7,291 17,156,353 7,782
Management Uncertainty Buffer................... 0 0 0 0
Amount of buffer................................ 0 0 0 0
ACT............................................. 16,073,866 7,291 17,156,353 7,782
U.S. Discards *................................. 5,577,689 2,530 5,577,689 2,530
TAL............................................. 10,496,177 4,761 11,578,664 5,252
U.S. Recreational Landings...................... 246,917 112 246,917 112
Commercial Quota................................ 10,249,260 4,649 11,331,747 5,140
----------------------------------------------------------------------------------------------------------------
* This table corrects a typographical error in the U.S. discards, which was published as 5,577,698 lb in the
initial emergency rule.
[[Page 79454]]
Comments and Responses
The public comment period for the original emergency rule ended on
June 21, 2024, and NMFS did not receive any comments from the public.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is necessary to respond to an emergency situation and is
consistent with the national standards and other provisions of the
Magnuson-Stevens Act and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under the authority contained in 5 U.S.C. 553(b)(B) that it is contrary
to the public interest and impracticable to provide prior notice and
opportunity for the public to comment. As more fully explained above,
the reasons justifying promulgation of this action on an emergency
basis, coupled with the fact that the public has had the opportunity to
comment on NMFS' emergency action that this is extending, make
solicitation of public comment unnecessary, impractical, and contrary
to the public interest. In the interest of receiving public input on
this action, the EA analyzing the impacts of this action was made
available to the public and the original emergency action solicited
public comment.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from review by the Office of
Management and Budget.
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are inapplicable to this emergency rule extension
because notice and opportunity for comment are not required pursuant to
5 U.S.C. 553 or any other law. Therefore, a regulatory flexibility
analysis is not required, and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-22373 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-22-P
