Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 87798-87799 [2024-25648]

Download as PDF 87798 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations States. This rule does not constitute a major rule as defined in 5 U.S.C. 804(2). In accordance with Compliance with Pay-As-You-Go Act of 2023 (Fiscal Responsibility Act of 2023, Pub. L. 118– 5, D. B, Title III) and OMB Memorandum (M–23–21) dated September 1, 2023, the Department has determined that this final rule is not subject to the Pay-As-You-Go Act of 2023 because it will not increase direct spending beyond specified thresholds. List of Subjects in 49 CFR Part 40 Administrative practice and procedures, Alcohol abuse, Alcohol testing, Drug abuse, Drug testing, Laboratories, Reporting and recordkeeping requirements, Safety, Transportation. For the reasons stated in the preamble, DOT amends 49 CFR part 40 as follows: PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS 1. The authority citation for Part 40 continues to read as follows: ■ Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 45101 et seq. 2. In § 40.33, revise paragraph (c)(2) to read as follows: ■ § 40.33 What training requirements must a collector meet for urine collection? ddrumheller on DSK120RN23PROD with RULES1 * * * * * (c) * * * (2) Another person must monitor and evaluate your performance, in person or by a means that provides real-time observation and interaction between the instructor and trainee, and attest in writing that the mock collections are ‘‘error-free.’’ This person must be a qualified urine collector who has demonstrated necessary knowledge, skills, and abilities by— (i) Regularly conducting DOT urine drug test collections for a period of at least one year; (ii) Conducting urine collector training under this part for at least one year; or (iii) Successfully completing a urine ‘‘train the trainer’’ course. * * * * * ■ 3. In § 40.35, revise paragraph (c)(2) and add paragraph (c)(3) to read as follows: § 40.35 What training requirements must a collector meet for oral fluid collection? * * * * * (c) * * * (2) Another person must monitor and evaluate your performance, in person or VerDate Sep<11>2014 16:29 Nov 04, 2024 Jkt 265001 by a means that provides real-time observation and interaction between you and the qualified collector, who must attest in writing that the mock collections are ‘‘error-free.’’ Except as provided in paragraph (c)(3) of this section, this person must be a qualified oral fluid collector who has demonstrated necessary knowledge, skills, and abilities by— (i) Regularly conducting DOT oral fluid drug test collections for a period of at least one year; (ii) Conducting oral fluid collector training under this part for at least one year; or (iii) Successfully completing an oral fluid ‘‘train the trainer’’ course. (3) As the person monitoring and evaluating the collector’s five mock collections pursuant to paragraphs (c)(1) and (2) of this section, you need not be a qualified oral fluid collector to do so if you meet the necessary knowledge, skills, and abilities in paragraph (c)(2)(ii) or (iii) until otherwise specified (one year after HHS publishes a Federal Register notification of the first certified oral fluid drug testing laboratory (HHS notification)). Furthermore, the one-year requirement in paragraph (c)(2)(ii) is not applicable until otherwise specified (one year after the HHS notification). * * * * * 4. In § 40.73, add paragraph (a)(1) and a reserved paragraph (a)(2) and revise paragraph (c)(2) to read as follows: ■ § 40.73 How is an oral fluid specimen collected? * * * * * (a) * * * (1) As the oral fluid collector, you must not allow any person other than you, the employee, or a DOT agency representative to actually witness the testing process. (2) [Reserved] * * * * * (c) * * * (2) The collector must ensure the collection is performed correctly (i.e., using the oral fluid device in the manner described by its manufacturer), that the collection device is working properly, and that a sufficient specimen volume is collected. After the employee provides a sufficient specimen, check the ‘‘Volume Indicator(s) Observed’’ box in Step 2 of the Federal CCF to document that you observed the volume indicator(s) during the collection. * * * * * PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Signed pursuant to authority delegated at 49 CFR 1.27(c) in Washington, DC. Subash Iyer, Acting General Counsel. [FR Doc. 2024–25403 Filed 11–4–24; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240304–0068; RTID 0648– XE445] 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 trawl catcher vessels and from catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, Amendment 80 vessels, and catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2024 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective October 31, 2024, through 2400 hours, Alaska local time (A.l.t.), December 31, 2024. FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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. The 2024 Pacific cod TAC specified for trawl catcher vessels in the BSAI is 28,754 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 67327, August 20, 2024 and 89 FR 79454, September 30, 2024). SUMMARY: E:\FR\FM\05NOR1.SGM 05NOR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations The 2024 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear in the BSAI is 11,620 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024). The 2024 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 6,884 metric tons (mt) as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 2024; and 89 FR 79454 September 30, 2024). The 2024 Pacific cod TAC specified for Amendment 80 vessels in the BSAI is 20,147 mt as established by the final 2024 and 2025 harvest specification for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocation (89 FR 75505, September 16, 2024). The 2024 Pacific cod TAC specified for catcher/processors using hook-andline gear in the BSAI is 67,370 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that trawl catcher vessels will not be able to harvest 800 mt of the 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(9) and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear will not be able to harvest 600 mt of the 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(5). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS reallocates 500 mt from trawl catcher vessels and 600 mt from catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear, and hook-and-line catcher/processors. In accordance with § 679.20(a)(7)(iii)(B), NMFS reallocates 300 mt from trawl catcher vessels to Amendment 80 vessels. The harvest specifications for 2024 Pacific cod included in the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 2024; 89 FR 75505, September 16, 2024; and 89 FR 79454 September 30, 2024) are revised as follows: 27,954 mt to trawl catcher vessels, 11,020 mt to catcher vessels greater than or equal to 60 feet (18.3 m) VerDate Sep<11>2014 16:29 Nov 04, 2024 Jkt 265001 LOA using pot gear, 7,384 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 20,447 mt to Amendment 80 vessels, and 67,970 mt to catcher/processors using hook-and-line gear. 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. This requirement is 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 allow for harvests that exceed the originally specified apportionment of the Pacific cod TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 30, 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: October 30, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–25648 Filed 10–31–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240227–0061; RTID 0648– XE446] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 87799 NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels using trawl gear to catcher vessels using hook-and-line gear and catcher/processors using hook-andline gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to allow the 2024 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective November 4, 2024, through 2400 hours, Alaska local time (A.l.t.), December 31, 2024. FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act (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 Pacific cod TAC specified for catcher vessels using trawl gear in the Western Regulatory Area of the GOA is 2,268 metric tons (mt), as established by the final 2024 and 2025 harvest specifications for groundfish in the GOA (89 FR 15484, March 4, 2024). The 2024 Pacific cod TAC specified for catcher vessels using hook-and-line gear in the Western Regulatory Area of the GOA is 83 mt, as established by the final 2024 and 2025 harvest specifications for groundfish in the GOA (89 FR 15484, March 4, 2024). The 2024 Pacific cod TAC specified for catcher/processors using hook-andline gear in the Western Regulatory Area of the GOA is 1,170 mt, as established by the final 2024 and 2025 harvest specifications for groundfish in the GOA (89 FR 15484, March 4, 2024). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that catcher vessels using trawl gear will not be able to harvest 440 mt of the 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(12)(i)(A)(3). Therefore, in accordance with § 679.20(a)(12)(ii)(B), NMFS apportions 240 mt of Pacific cod from catcher vessels using trawl gear to the annual amount specified for catcher/processors using hook-and-line gear and 200 mt to catcher vessels using hook-and-line gear. The harvest specifications for 2024 Pacific cod included in the final 2024 and 2025 harvest specifications for groundfish in the Western Regulatory SUMMARY: E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87798-87799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240304-0068; RTID 0648-XE445]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from trawl catcher vessels and from catcher vessels greater than or 
equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear 
to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear, Amendment 80 vessels, and catcher/processors using hook-
and-line gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2024 total allowable 
catch (TAC) of Pacific cod to be harvested.

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

FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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.
    The 2024 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 28,754 mt as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocations (89 FR 67327, August 20, 2024 and 89 FR 79454, 
September 30, 2024).

[[Page 87799]]

    The 2024 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 meters (m)) LOA using pot gear in the BSAI is 
11,620 mt as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 
2024).
    The 2024 Pacific cod TAC specified for catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 6,884 
metric tons (mt) as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 
2024; and 89 FR 79454 September 30, 2024).
    The 2024 Pacific cod TAC specified for Amendment 80 vessels in the 
BSAI is 20,147 mt as established by the final 2024 and 2025 harvest 
specification for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocation (89 FR 75505, September 16, 2024).
    The 2024 Pacific cod TAC specified for catcher/processors using 
hook-and-line gear in the BSAI is 67,370 mt as established by the final 
2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 
17287, March 11, 2024).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that trawl catcher vessels will not be able to harvest 
800 mt of the 2024 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(9) and catcher vessels greater than or equal 
to 60 feet (18.3 meters (m)) LOA using pot gear will not be able to 
harvest 600 mt of the 2024 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
reallocates 500 mt from trawl catcher vessels and 600 mt from catcher 
vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using 
pot gear to the annual amount specified for catcher vessels less than 
60 feet (18.3 m) LOA using hook-and-line or pot gear, and hook-and-line 
catcher/processors. In accordance with Sec.  679.20(a)(7)(iii)(B), NMFS 
reallocates 300 mt from trawl catcher vessels to Amendment 80 vessels.
    The harvest specifications for 2024 Pacific cod included in the 
final 2024 and 2025 harvest specifications for groundfish in the BSAI 
(89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 
2024; 89 FR 67327, August 20, 2024; 89 FR 75505, September 16, 2024; 
and 89 FR 79454 September 30, 2024) are revised as follows: 27,954 mt 
to trawl catcher vessels, 11,020 mt to catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using pot gear, 7,384 mt to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 
20,447 mt to Amendment 80 vessels, and 67,970 mt to catcher/processors 
using hook-and-line gear.

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. 
This requirement is 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 allow for harvests that exceed the 
originally specified apportionment of the Pacific cod TAC. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of October 30, 
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: October 30, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-25648 Filed 10-31-24; 4:15 pm]
BILLING CODE 3510-22-P

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