Fisheries of the Exclusive Economic Zone off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 79783-79784 [2024-22518]

Download as PDF Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations stocks and suggested that the allocations should be managed solely by the Commission or jointly by the MidAtlantic and New England Councils. Response: NMFS agrees that the Commission should retain management of the state commercial allocations to ensure an equitable process and have disapproved the addition of the commercial state black sea bass allocations into the Federal FMP. General Comments Comment 15: MADMF fully supported NMFS’ rationale, as provided in 88 FR 28456 (May 4, 2023), for disapproving the addition of the commercial black sea bass state allocations into the Federal FMP. Response: NMFS agrees and has disapproved the addition of the commercial state black sea bass allocations into the Federal FMP. Comment 16: One commenter stated that NMFS’ proposal will complicate things for fishermen and black sea bass issues should have been addressed two decades ago. Response: NMFS agrees that duplicating the state allocations in the Federal FMP would create a more complicated process for black sea bass fishermen and have disapproved this measure. khammond on DSKJM1Z7X2PROD with RULES Changes From the Proposed Rule The proposed rule included all of the Council’s recommended changes to the FMP and proposed implementing regulations deemed necessary by the Council. As described above, NMFS has determined that the adjustment to the process for setting the state allocations and the addition of the state allocations and payback provisions to the Council’s (Federal) FMP were inconsistent with the National Standards and disapproved those measures. The final rule only implements the proposed change to the commercial in-season closure trigger, and removes the disapproved measures that were in the proposed rule’s regulatory text. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the VerDate Sep<11>2014 16:06 Sep 30, 2024 Jkt 265001 Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: September 24, 2024. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 648 as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.142, revise paragraph (a) introductory text and add paragraph (a)(15) to read as follows: ■ § 648.142 Black sea bass specifications. (a) Specifications. Commercial quota, recreational landing limit, research setaside, and other specification measures. The Monitoring Committee will recommend to the MAFMC and the ASMFC, through the specification process, for use in conjunction with the ACL and ACT, sector-specific research set-asides, estimates of the sector-related discards, a recreational harvest limit, a commercial quota, along with other measures, as needed, that are projected to prevent overages of the applicable specified limits or targets for each sector as prescribed in the FMP. The following measures are to be considered by the Monitoring Committee: * * * * * (15) A commercial quota overage buffer, of up to 5 percent, that would be used to determine when a Federal inseason closure would be triggered. * * * * * 3. In § 648.143, revise paragraph (a) introductory text to read as follows: ■ PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 79783 § 648.143 Black sea bass accountability measures. (a) Commercial sector fishery closure. The Regional Administrator will monitor the harvest of commercial quota based on dealer reports, state data, and other available information. All black sea bass landed for sale in the states from North Carolina through Maine by a vessel with a moratorium permit issued under § 648.4(a)(7) shall be applied against the commercial annual coastwide quota, regardless of where the black sea bass were harvested. All black sea bass harvested north of 35°15.3′ N. lat., and landed for sale in the states from North Carolina through Maine by any vessel without a moratorium permit and fishing exclusively in state waters, will be counted against the quota by the state in which it is landed, pursuant to the FMP for the black sea bass fishery adopted by the ASMFC. The Regional Administrator will determine the date on which the annual coastwide quota, plus a buffer up to 5 percent as specified in the annual specifications, is projected to be harvested; and beginning on that date and through the end of the calendar year, the EEZ north of 35°15.3′ N lat. will be closed to the possession of black sea bass. The Regional Administrator will publish a notification in the Federal Register advising that, upon and after that date, no vessel may possess black sea bass in the EEZ north of 35°15.3′ N lat. during a closure, nor may vessels issued a moratorium permit land black sea bass during the closure. Individual states will have the responsibility to close their ports to commercial landings of black sea bass during a closure, pursuant to the FMP for the black sea bass fishery adopted by the ASMFC. * * * * * [FR Doc. 2024–22233 Filed 9–30–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240304–0068; RTID 0648– XE302] Fisheries of the Exclusive Economic Zone off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\01OCR1.SGM 01OCR1 79784 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations Temporary rule; apportionment of reserves; request for comments. FOR FURTHER INFORMATION CONTACT: NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea (BS) ‘‘other rockfish’’, BS Pacific ocean perch, Bering Sea and Aleutian Islands (BSAI) Kamchatka flounder, and BSAI skates. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area. DATES: Effective September 30, 2024, through 2400 hours, Alaska local time, December 31, 2024. Comments must be received at the following address no later than 4:30 p.m., Alaska local time, October 15, 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 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). SUPPLEMENTARY INFORMATION: ACTION: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:49 Sep 30, 2024 Jkt 265001 Steve Whitney, 907–586–7228. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the BSAI 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. The 2024 ITAC of BS ‘‘other rockfish was established as 748 metric tons (mt), the 2024 ITAC of BS Pacific ocean perch was established as 9,891 metric tons mt, the 2024 ITAC of BSAI Kamchatka flounder was established as 6,373 mt, and the 2023 ITAC of BSAI skates was established as 25,941 mt, by the final 2024 and 2025 harvest specifications for groundfish of the BSAI (89 FR 17287, March 11, 2024). In accordance with § 679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has reviewed the most current available data and finds that the ITACs for BS ‘‘other rockfish,’’ BS Pacific ocean perch, BSAI Kamchatka flounder, and BSAI skates need to be supplemented from the non-specified reserve to promote efficiency in the utilization of fishery resources in the BSAI and allow fishing operations to continue. Therefore, in accordance with § 679.20(b)(3), NMFS apportions from the non-specified reserve of groundfish to ITACs in the BSAI management area as follows: 132 mt to BS ‘‘other rockfish,’’ 1,745 mt to BS Pacific ocean perch, 1,125 mt to BSAI Kamchatka flounder, and 4,578 mt to BSAI skates. These apportionments are consistent with § 679.20(b)(1)(i) and do not result in overfishing of any target species because the revised ITACs and total allowable catches (TACs) are equal to or less than the specifications of the acceptable biological catch in the final 2024 and 2025 harvest specifications for PO 00000 Frm 00054 Fmt 4700 Sfmt 9990 groundfish in the BSAI (89 FR 17287, March 11, 2024). The harvest specification for the 2024 ITACs and TACs included in the harvest specifications for groundfish in the BSAI are revised as follows 880 mt for BS ‘‘other rockfish,’’ 11,636 mt for BS Pacific ocean perch, 7,498 mt for BSAI Kamchatka flounder, and 30,519 mt for BSAI skates. 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 apportionment of the non-specified reserves of groundfish to BS ‘‘other rockfish,’’ BS Pacific ocean perch, BSAI Kamchatka flounder, and BSAI skates NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 13, 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. Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES section) until October 15, 2024. Authority: 16 U.S.C. 1801 et seq. Dated: September 26, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–22518 Filed 9–30–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\01OCR1.SGM 01OCR1

Agencies

[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79783-79784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22518]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240304-0068; RTID 0648-XE302]


Fisheries of the Exclusive Economic Zone off Alaska; Several 
Groundfish Species in the Bering Sea and Aleutian Islands Management 
Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 79784]]


ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Bering Sea (BS) ``other 
rockfish'', BS Pacific ocean perch, Bering Sea and Aleutian Islands 
(BSAI) Kamchatka flounder, and BSAI skates. This action is necessary to 
allow the fisheries to continue operating. It is intended to promote 
the goals and objectives of the fishery management plan for the BSAI 
management area.

DATES: Effective September 30, 2024, through 2400 hours, Alaska local 
time, December 31, 2024. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, October 15, 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 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: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the BSAI 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.
    The 2024 ITAC of BS ``other rockfish was established as 748 metric 
tons (mt), the 2024 ITAC of BS Pacific ocean perch was established as 
9,891 metric tons mt, the 2024 ITAC of BSAI Kamchatka flounder was 
established as 6,373 mt, and the 2023 ITAC of BSAI skates was 
established as 25,941 mt, by the final 2024 and 2025 harvest 
specifications for groundfish of the BSAI (89 FR 17287, March 11, 
2024). In accordance with Sec.  679.20(a)(3) the Regional 
Administrator, Alaska Region, NMFS, has reviewed the most current 
available data and finds that the ITACs for BS ``other rockfish,'' BS 
Pacific ocean perch, BSAI Kamchatka flounder, and BSAI skates need to 
be supplemented from the non-specified reserve to promote efficiency in 
the utilization of fishery resources in the BSAI and allow fishing 
operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish to ITACs in the BSAI 
management area as follows: 132 mt to BS ``other rockfish,'' 1,745 mt 
to BS Pacific ocean perch, 1,125 mt to BSAI Kamchatka flounder, and 
4,578 mt to BSAI skates. These apportionments are consistent with Sec.  
679.20(b)(1)(i) and do not result in overfishing of any target species 
because the revised ITACs and total allowable catches (TACs) are equal 
to or less than the specifications of the acceptable biological catch 
in the final 2024 and 2025 harvest specifications for groundfish in the 
BSAI (89 FR 17287, March 11, 2024).
    The harvest specification for the 2024 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows 880 mt for BS ``other rockfish,'' 11,636 mt for BS Pacific 
ocean perch, 7,498 mt for BSAI Kamchatka flounder, and 30,519 mt for 
BSAI skates.

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 apportionment of the non-
specified reserves of groundfish to BS ``other rockfish,'' BS Pacific 
ocean perch, BSAI Kamchatka flounder, and BSAI skates NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of September 13, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES section) until 
October 15, 2024.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 26, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-22518 Filed 9-30-24; 8:45 am]
BILLING CODE 3510-22-P
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