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Final Rule

Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea Subarea and Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area

In Plain English

What is this Federal Register notice?

This is a final rule published in the Federal Register by Commerce Department, National Oceanic and Atmospheric Administration. Final rules have completed the public comment process and establish legally binding requirements.

Is this rule final?

Yes. This rule has been finalized. It has completed the notice-and-comment process required under the Administrative Procedure Act.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

This document has been effective since November 21, 2024.

Why it matters: This final rule amends regulations in 50 CFR Part 679.

Document Details

Document Number2024-27706
TypeFinal Rule
PublishedNov 26, 2024
Effective DateNov 21, 2024
RIN-
Docket IDDocket No. 240304-0068
Text FetchedYes

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Full Document Text (579 words · ~3 min read)

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<RULE> DEPARTMENT OF COMMERCE <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY> <CFR>50 CFR Part 679</CFR> <DEPDOC>[Docket No. 240304-0068]</DEPDOC> <RIN>RTID 0648-XD956</RIN> <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea Subarea and Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. <HD SOURCE="HED">ACTION:</HD> Temporary rule; closure. <SUM> <HD SOURCE="HED">SUMMARY:</HD> NMFS is prohibiting directed fishing for Atka mackerel in the Bering Sea subarea and Eastern Aleutian District (BS/EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector fishery. This action is necessary to prevent exceeding the 2024 total allowable catch (TAC) of Atka mackerel in the BS/EAI allocated to vessels participating in the BSAI trawl limited access sector fishery. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective 1200 hours, Alaska local time (A.l.t.), November 21, 2024, through 2400 hours, A.l.t., December 31, 2024. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Steve Whitney, 907-586-7228. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> 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. The 2024 TAC of Atka mackerel, in the BS/EAI, allocated to vessels participating in the BSAI trawl limited access sector fishery was established as a directed fishing allowance of 2,787 metric tons by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the BS/EAI by vessels participating in the BSAI trawl limited access sector fishery. While this closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. <HD SOURCE="HD1">Classification</HD> 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 directed fishing closure of Atka mackerel in the BS/EAI for vessels participating in the BSAI trawl limited access sector fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as November 20, 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. <HD SOURCE="HED">Authority: </HD> 16 U.S.C. 1801 <E T="03">et seq.</E> <SIG> <DATED>Dated: November 21, 2024.</DATED> <NAME>Karen H. Abrams,</NAME> Acting Director, Office of Sustainable Fisheries, National Marine Fisheries, Service. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2024-27706 Filed 11-21-24; 4:15 pm]</FRDOC> </RULE>
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