7658 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (E.J.) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

ACHD did not evaluate environmental 

justice considerations as part of its SIP 

submission; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

rulemaking. Due to the nature of the 

proposed action being taken here, this 

proposed rulemaking is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

In addition, this proposed 

rulemaking, amending Article XXI 

section 2105.50 and adding Article XXI 

section 2106.06 to Pennsylvania’s SIP, 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the 

Commonwealth, and EPA notes that it 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–02215 Filed 2–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 240130–0028] 

RIN 0648–BM65 

Pacific Island Fisheries; Annual Catch 

Limits and Accountability Measures for 

Main Hawaiian Islands Kona Crab for 

Fishing Years 2024–2026 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

an annual catch limit (ACL) and an 

annual catch target (ACT) for main 

Hawaiian Islands (MHI) Kona crab for 

fishing years 2024, 2025, and 2026. This 

proposed action would not revise, add, 

or remove current accountability 

measures (AMs) in the regulations. 

NMFS will close Federal waters to Kona 

crab fishing for the remainder of the 

fishing year if NMFS projects the fishery 

will reach the ACT. NMFS will reduce 

the ACT and ACL the subsequent 

fishing year by the overage if landings 

exceed the ACL. This proposed rule 

supports the long-term sustainability of 

MHI Kona crab. 

DATES: NMFS must receive comments 

by March 6, 2024. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

NOAA–NMFS–2024–0017, by either 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–2024–0017, in the 

Search box (note: copying and pasting 

the FDMS Docket Number directly from 

this document may not yield search 

results). Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Sarah Malloy, Acting Regional 

Administrator, NMFS Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Bldg. 176, Honolulu, HI 96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period will 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). 

Pursuant to the National 

Environmental Policy Act, the Western 

Pacific Fishery Management Council 

(Council) and NMFS prepared a 2021 

environmental assessment (EA) and 

draft 2023 supplemental information 

report (SIR) that support this proposed 

action. The EA and SIR are available at 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Savannah Lewis, NMFS Pacific Islands 

Regional Office (PIRO) Sustainable 

Fisheries, 808–725–5144. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Kona crab 

fishery in the U.S. Exclusive Economic 

Zone (Federal waters) around Hawaii 

under the Fishery Ecosystem Plan for 

the Hawaiian Archipelago (FEP), as 

authorized by the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) (50 CFR 

part 665). The FEP contains a process 

for the Council and NMFS to specify 

ACLs, ACTs, and AMs (see 50 CFR 

665.4). NMFS must specify ACLs and 

AMs for each stock and stock complex 

of each management unit species (MUS) 

in an FEP, as recommended by the 

Council, and must consider the best 

available scientific, commercial, and 

other information about the fishery. If a 

fishery exceeds an ACL, the regulations 

require the Council to take action (e.g., 

an AM reducing the ACL for the 

subsequent fishing year by the amount 

of the overage). ACTs can be used as an 

additional management measure to help 

ensure catch does not exceed the ACL. 

This proposed rule would establish 

for the MHI Kona crab an ACL of 30,802 

lb (13,972 kg) and an ACT of 25,491 lb 

(11,563 kg) (see table 1). 


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Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 7659 

TABLE 1—PROPOSED ANNUAL CATCH

LIMITS AND ANNUAL CATCH TARGETS FOR MAIN HAWAIIAN ISLANDS

KONA CRAB

Fishing year 2024 2025 2026 

ACL (lb) ....................... 30,802 30,802 30,802 

ACT (lb) ....................... 25,491 25,491 25,491 

The fishing year begins on January 1 

and ends on December 31, and catch 

from both State and Federal waters are 

counted towards catch limits. The 

proposed rule would not change the 

current AMs, or enact any additional 

AMs, for the MHI Kona crab fishery (50 

CFR 665.253(b)). As an in-season AM, 

NMFS will close Federal waters to 

commercial and non-commercial fishing 

for Kona crab for the remainder of the 

fishing year if NMFS projects that the 

fishery will reach the ACT. If a closure 

occurs, NMFS will publish a document 

to that effect in the Federal Register at 

least 7 days in advance of the closure. 

We will also request the State of Hawaii 

notify Commercial Marine License 

holders of any changes in the fishery, 

including an in-season closure or a postseason correction. The state of Hawaii 

does not have complementary 

management measures and will 

therefore not close if Federal waters 

close and catch will be continue to be 

attributed to the overall ACT and ACL. 

As a post-season AM, NMFS will reduce 

the ACT and ACL in the subsequent 

fishing year by the overage amount if 

the landings exceed the ACL in a fishing 

year. If catch exceeds the ACT, but is 

below the ACL, a post-season correction 

would not be applied. 

This proposed rule is consistent with 

recommendations made by the Council 

at its 195th meeting in June 2023, and 

the proposed 2024–2026 catch limits are 

identical to those implemented in 2020 

for fishing years 2020–2023. The ACL is 

associated with a 38 percent risk of 

overfishing and the ACT is associated 

with a 20 percent risk of overfishing. 

According to the 2019 stock assessment, 

the Kona crab fishery is neither 

overfished nor experiencing overfishing. 

Furthermore, the fishery did not exceed 

the ACL of 30,802 lb (13,972 kg) during 

fishing years 2020–2023. From 2020 

through 2023, an average of 16 

commercial marine license holders 

made 41 trips and landed an average 

catch of 3,581 lb (1,624 kg) of MHI Kona 

crab (12 percent of the ACL; 14 percent 

of the ACT). 

NMFS will consider public comments 

on this proposed rule and will 

announce the final rule in the Federal 

Register. NMFS must receive any 

comments by the date provided in the 

DATES section above and will not 

consider late comments. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FEP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Regulatory Flexibility Act (RFA) 

Certification of Finding of No 

Significant Impact on Substantial 

Number of Small Entities 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, issued under the 

authority of the Magnuson-Stevens Act, 

would not have a significant economic 

impact on a substantial number of small 

entities. 

The proposed rule would implement 

an ACL of 30,802 lb (13,972 kg) and an 

ACT of 25,491 lb (11,563 kg). The 

proposed ACL and ACT are the same as 

those implemented during fishing years 

2020–2023. This proposed action would 

not revise, add, or remove current (AMs) 

in the regulations. The AMs include 

both an in-season closure in the Kona 

crab fishery if catch is projected to reach 

the ACT and a post-season adjustment 

if catch exceeds the ACL. 

This rule would apply to participants 

in the commercial and non-commercial 

fisheries for MHI Kona crab. Kona crab 

catch averaged 3,887 lb (1,763 kg) from 

2018–2022, with an estimated ex-vessel 

value of $38,013, if all catch were sold, 

based on the 2022 average price of $9.78 

per lb ($21.52 per kg). Between 2018 

and 2022, the percent sold ranged from 

43 to 64 percent. The amount of Kona 

crab caught each year has generally 

declined since 2011, when 49 fishermen 

reported landing 10,979 lb (4,979 kg), 

although Kona crab catch from 2019 to 

2021 generally exceeded catch levels 

from 2013 to 2018. The 2022 catch was 

in line with the 2013–2018 catch levels. 

During the 2021 fishing year, 18 

fishermen reported landing 3,945 lb 

(1,789 kg). In 2022, 19 fishermen 

reported landing 2,533 lb (1,149 kg). 

NMFS has established a small 

business size standard for businesses, 

including their affiliates, whose primary 

industry is commercial fishing (see 50 

CFR 200.2). A business primarily 

engaged in commercial fishing is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and its 

combined annual receipts are not in 

excess of $11 million for all of its 

affiliated operations worldwide. Based 

on available information, NMFS has 

determined that all vessels engaging in 

the commercial and non-commercial 

fisheries for Kona crab (North American 

Industry Classification System (NAICS) 

Code: 11411) are small entities. That is, 

they are engaged in the business of fish 

harvesting, are independently owned or 

operated, are not dominant in their field 

of operation, and have annual gross 

receipts not in excess of $11 million. 

Because all of the participants are small 

entities, there would be no 

disproportionate economic impacts 

between large and small entities. 

Even though this proposed action 

would apply to a substantial number of 

vessels, this action should not result in 

significant adverse economic impact to 

individual vessels. The proposed ACL 

and ACT are the same as those 

implemented during fishing years 2020– 

2023. The proposed ACL is not expected 

to result in an expansion of the fishery 

by new fishermen looking to take 

advantage of the higher quota compared 

to previous years. Given the offshore 

fishing grounds for Kona crab, it would 

take a significant financial investment to 

become active in the fishery if 

fisherman did not already own a vessel 

and the required, specialized gear. The 

proposed action, if implemented, is not 

expected to constrain the fishery, given 

that the proposed ACL and ACT are 

both more than double the highest catch 

recorded over the past 12 years (10,979 

lb (4,979 kg) in 2011). Furthermore, the 

fishery would still be subject to the 

State of Hawaii’s regulations. This 

continued management, in combination 

with a low number of commercial 

marine license holders, is not expected 

to result in a surge of new fishery 

entrants. 

The proposed action does not 

duplicate, overlap, or conflict with other 

Federal rules and is not expected to 

have significant impact on small 

entities, organizations, or governmental 

jurisdictions. The proposed action also 

will not place a substantial number of 

small entities, or any segment of small 

entities, at a significant competitive 

disadvantage to large entities. For the 

reasons above, NMFS does not expect 

the proposed action to have a significant 

economic impact on a substantial 

number of small entities. As such, an 


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7660 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 665 

Accountability measures, Annual 

catch limits, Fisheries, Fishing, Hawaii, 

Kona crab, Pacific Islands. 

Dated: January 30, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 665 as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. In § 665.253, revise paragraph (b)(1) 

to read as follows: 

§ 665.253 Annual Catch Limits (ACL) and 

Annual Catch Targets (ACT). 

* * * * * 

(b) * * * 

(1) In accordance with § 665.4, the 

ACLs for each fishing year are as 

follows: 

TABLE 1 TO PARAGRAPH (b)(1) 

Fishing year 2024 2025 2026 

ACL (lb) ....................... 30,802 30,802 30,802 

ACT (lb) ....................... 25,491 25,491 25,491 

* * * * * 

[FR Doc. 2024–02238 Filed 2–2–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 240126–0024] 

RIN 0648–BM40 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Amendment 126 to 

the Fishery Management Plans for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area and 

Amendment 114 to the Fishery 

Management Plan for Groundfish of 

the Gulf of Alaska To Expand 

Electronic Monitoring To the Pollock 

Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The North Pacific Fishery 

Management Council (Council) 

submitted Amendment 126 to the 

Fishery Management Plan (FMP) for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI) and Amendment 114 to the FMP 

for Groundfish of the Gulf of Alaska 

(GOA). If approved, Amendments 126/ 

114 would implement an electronic 

monitoring (EM) program for pelagic 

trawl pollock catcher vessels and tender 

vessels delivering to shoreside 

processors and stationary floating 

processors in the Bering Sea (BS), 

Aleutian Islands (AI), and GOA. This 

proposed rule is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), Amendments 

126/114, the BSAI FMP, and the GOA 

FMP. 

DATES: Comments must be received no 

later than April 5, 2024. 

Public Meetings: 

1. February 28, 2024, 6 p.m. Alaska 

local time, Kodiak, AK. 

2. March 12, 2024, 6 p.m. Pacific time, 

Virtual (see ADDRESSES for link). 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0125, 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 type 

NOAA–NMFS–2023–0125 in the Search 

box (note: copying and pasting the 

FDMS Docket Number directly from this 

document may not yield search results). 

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). 

Electronic copies of Amendment 126 

to the BSAI FMP and Amendment 114 

to the GOA FMP (collectively, the 

FMPs), the Environmental Assessment/ 

Regulatory Impact Review prepared for 

this action (the analysis), and the 

Finding of No Significant Impact 

prepared for this action may be obtained 

from https://www.regulations.gov and 

the NMFS Alaska Region website at 

https://www.fisheries.noaa.gov/region/ 

alaska. 

Per section 313 of the MagnusonStevens Act, NMFS will also be 

conducting public hearings to accept 

oral and written comments on the 

proposed rule during the public 

comment period. The first public 

hearing will be held at the Kodiak 

Fisheries Research Center, 301 Research 

Court, Kodiak, Alaska 99615. The 

second public hearing will be held 

virtually, available at https://

meet.google.com/gcz-emgh-kkw. 

FOR FURTHER INFORMATION CONTACT: Joel 

Kraski, 907–586–7228, joel.kraski@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS manages the groundfish 

fisheries in the exclusive economic zone 

under the FMPs. The Council prepared 

the FMPs under the authority of the 

Magnuson-Stevens Act, 16 U.S.C. 1801 

et seq. Regulations governing U.S. 

fisheries and implementing the FMPs 

appear at 50 CFR parts 600 and 679. 

This proposed rule would implement 

Amendments 126/114 to the FMPs. The 

Council submitted Amendments 126/ 

114 for review by the Secretary of 

Commerce, and a Notice of Availability 

of these amendments was published in 

the Federal Register on January 22, 

2024, with comments invited through 

March 22, 2024 (88 FR 3902). 

This proposed rule and Amendments 

126/114 amend the Council’s fisheries 

research plan prepared under the 

authority of section 313 of the 

Magnuson-Stevens Act. NMFS 

published regulations implementing the 

plan on November 21, 2012 (77 FR 

70062) and integrated EM into the plan 

on August 8, 2017 (82 FR 36991). The 

Secretary implements the fisheries 

research plan through the North Pacific 

Observer Program (Observer Program). 

Its purpose is to establish a research 

plan for the collection of data necessary 

for the conservation, management, and 

scientific understanding of the 


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