Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Proposed Rules 13667 

under 25 U.S.C. 1915(c). Indicate ‘‘yes’’ 

or ‘‘no.’’ If the state title IV–E agency 

indicated ‘‘yes,’’ then the state title IV– 

E agency must indicate the basis for 

good cause in paragraph (i)(13) of this 

section. If the state title IV–E agency 

indicated ‘‘no,’’ then the state title 

IV–E agency must leave paragraph 

(i)(13) blank. 

(13) Basis for good cause, adoption. If 

the state title IV–E agency indicated 

‘‘yes’’ in paragraph (i)(16), indicate the 

state court’s basis for determining good 

cause to depart from ICWA adoptive 

placement preferences by indicating 

‘‘yes’’ or ‘‘no’’ in each paragraph 

(i)(13)(i) through (v) of this section. 

(i) Request of one or both of the 

child’s parents. 

(ii) Request of the Indian child. 

(iii) The unavailability of a suitable 

placement after a determination by the 

court that a diligent search was 

conducted to find suitable placements 

meeting the adoptive placement 

preferences in ICWA at 25 U.S.C. 1915 

but none has been located. 

(iv) The extraordinary physical, 

mental, or emotional needs of the Indian 

child, such as specialized treatment 

services that may be unavailable in the 

community where families who meet 

the adoptive placement preferences live. 

(v) The presence of a sibling 

attachment that can be maintained only 

through a particular adoptive 

placement. 

[FR Doc. 2024–03373 Filed 2–22–24; 8:45 am] 

BILLING CODE 4184–73–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 240213–0046] 

RIN 0648–BM66 

Atlantic Highly Migratory Species; 

Bluefin Tuna General Category Effort 

Controls and Related Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing to codify 

a schedule of restricted-fishing days 

(RFDs) for the 2024 fishing year and 

subsequent fishing years; reestablish a 

General category default retention limit 

for large medium or giant bluefin tuna 

(BFT) on open days; and make 

clarifications to the BFT dealer 

regulations and the definition of a 

bluefin statistical document (BSD) tag. 

This proposed action is necessary to 

increase the likelihood of pacing 

General category landings to extend 

fishing opportunities through a greater 

portion of the General category time 

period subquotas. Lastly, this proposed 

action would clarify existing regulations 

to ensure better understanding and 

compliance by General category quota 

participants. 

DATES: Written comments may be 

submitted via https://

www.regulations.gov and must be 

received by March 25, 2024. Comments 

may also be submitted at a public 

hearing or webinar. NMFS will hold a 

public hearing via conference call and 

webinar for this proposed rule on March 

19, 2024, from 2 p.m. to 4 p.m., Eastern 

Time. Information for registering and 

accessing the webinar can be found at 

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

proposed-rule-set-general-categoryeffort-controls-and-clarify-relatedatlantic-bluefin-tuna. Requests for sign 

language interpretation or other 

auxiliary aids should be directed to 

Larry Redd, Jr., (see FOR FURTHER

INFORMATION CONTACT section) at least 7 

days prior to the meeting. The public is 

reminded that NMFS expects 

participants at conference calls and 

webinars to conduct themselves 

appropriately. At the beginning of each 

conference call and webinar, the 

moderator will explain how the 

conference call and webinar will be 

conducted and how and when 

participants can provide comments. 

NMFS will structure the conference call 

and webinar so that all members of the 

public will be able to comment. 

Participants are expected to respect the 

ground rules, and those that do not may 

be asked to leave the conference calls 

and webinars. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2024–0021, by electronic 

submission. Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and type ‘‘NOAA– 

NMFS–2024–0021’’ 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. Written comments sent 

by any other method, to any other 

address or individual, or received after 

the close 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). 

Copies of this proposed rule and 

supporting documents are available 

from the HMS Management Division 

website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by 

contacting Larry Redd, Jr., or Erianna 

Hammond (see FOR FURTHER

INFORMATION CONTACT section). 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, or 

Erianna Hammond, erianna.hammond@

noaa.gov, at 301–427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

BFT fisheries are managed under the 

2006 Consolidated HMS Fishery 

Management Plan (FMP) and its 

amendments pursuant to the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act; 16 U.S.C. 1801 et seq.) and 

consistent with the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.). HMS implementing regulations 

are at 50 CFR part 635. Section 635.23 

describes the daily retention limits for 

BFT including retention limits on RFDs. 

Section 635.27 divides the U.S. BFT 

quota, established by the United States 

and other members of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), among the 

various domestic fishing categories per 

the allocations established in the FMP 

and its amendments. NMFS is required 

under the Magnuson-Stevens Act at 16 

U.S.C. 1854(g)(1)(D) to provide U.S. 

fishing vessels with a reasonable 

opportunity to harvest quotas under 

relevant international fishery 

agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

The BFT fishery is a quota-managed 

fishery, and the annual U.S. BFT quota 

is established by binding 

recommendations of ICCAT. The U.S. 

BFT quota established through that 

process is implemented domestically 

through rulemaking and allocated 

among six quota categories (General, 

Angling, Harpoon, Longline, Trap, and 

Reserve). This proposed rule considers 

actions specific to the General category 


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quota and General category quota 

participants, which include Atlantic 

Tunas General category permitted 

vessels and HMS Charter/Headboat 

permitted vessels when fishing 

commercially. As described in 

§ 635.27(a), the overall baseline U.S. 

annual quota is 1,316.14 metric tons 

(mt). The General category baseline 

quota is 710.7 mt which is suballocated 

into time period subquotas as follows: 

January through March, 5.3 percent 

(37.7 mt); June through August, 50 

percent (355.4 mt); September, 26.5 

percent (188.3 mt); October through 

November, 13 percent (92.4 mt); and 

December, 5.2 percent (37 mt) (§ 635. 

27(a)(1)(i)(A) through (E)). 

BFT General Category RFDs 

NMFS originally established 

regulatory authority to set so-called ‘‘nofishing’’ days for BFT in the General 

category fishery in 1995 (60 FR 38505, 

July 27, 1995). In that final rule, NMFS 

described no-fishing days as an effort 

control that could be used to extend the 

General category fishing season, prevent 

overharvest of quota in any period, and 

improve distribution of fishing 

opportunities without increasing BFT 

mortality. The regulation provided that 

scheduled no-fishing days would be 

published in the Federal Register for a 

comment period of 30 days, and waiver 

of such days would be filed with the 

Federal Register a minimum of 5 days 

in advance of the scheduled no-fishing 

days if NMFS determined that the effort 

control would impede landing of the 

monthly quotas. Id. at 38506. In 1996, 

NMFS began using the term ‘‘RFD’’ 

rather than ‘‘no-fishing days’’ (61 FR 

30183, June 14, 1996). From 1995 

through 2007, NMFS set RFDs on 

annual basis. NMFS stopped scheduling 

RFDs in 2008, as General category 

landings over that timeframe were lower 

compared to the late 1990s and the 

General category fishery did not need to 

be closed. 

Due to increased BFT landings rates 

in the General category in 2019 and 

2020 and numerous requests from 

members of the Atlantic HMS Advisory 

Panel, General category quota 

participants, and Atlantic tunas dealers, 

NMFS proposed to schedule RFDs on all 

Tuesdays, Fridays, and Saturdays from 

July 20 through November 30, 2021 (86 

FR 25992, May 12, 2021). Due to 

administrative timing issues related to 

publication in the Federal Register, 

NMFS established RFDs on all 

Tuesdays, Fridays, and Saturdays from 

September 3 through November 30, 

2021 (86 FR 43421, August 9, 2021). 

Because the use of RFDs in 2021 

succeeded in extending fishing 

opportunities through a greater portion 

of the relevant time periods and the 

fishing year overall consistent with 

management objectives for the fishery, 

NMFS finalized an RFD schedule for the 

2022 fishing year of all Tuesdays, 

Fridays, and Saturdays from July 1 

through November 30, 2022 (87 FR 

33056, June 1, 2022). In 2023, NMFS 

proposed the same weekly schedule for 

the July through November timeframe, 

along with extending RFDs to the winter 

fishery (i.e., the December and January 

through March time periods). Based on 

public comment and a review of average 

daily catch rates in previous fishing 

years, NMFS determined that finalizing 

an RFD schedule for the December 2023 

or January through March 2024 time 

periods was unwarranted at that time. 

Thus, NMFS finalized an RFD schedule 

of all Tuesdays, Fridays, and Saturdays 

from July 1 to November 30, 2023 (88 

FR 33839, May 25, 2023). 

BFT General Category Retention Limits 

NMFS established a default daily 

retention limit for large medium and 

giant BFT of one fish per vessel in 1995 

(60 FR 38505, July 27, 1995). To provide 

for maximum utilization of the quota, 

NMFS had the flexibility to increase or 

decrease the large medium and giant 

BFT daily retention limit over a range of 

zero (on RFDs) to a maximum of three 

per vessel via an inseason action. In 

2011, NMFS adjusted the upper limit of 

this range to five fish per vessel to 

increase opportunities to harvest the 

General category quota while 

maintaining the default retention limit 

of one fish per vessel (76 FR 74003, 

December 30, 2011). The default 

retention limit was maintained through 

2018, when NMFS published a final 

rule that made editorial corrections 

amending the regulations for HMS (83 

FR 33148, July 17, 2018). In that action, 

NMFS inadvertently removed regulatory 

text stating the default retention limit on 

non-RFD fishing days. To correct this 

technical error, with this action NMFS 

proposes to again establish default 

General category retention limits on 

non-RFDs. 

Proposed RFD and Retention Limit 

Measures 

The purpose of this proposed action 

is to modify the process of scheduling 

RFDs and reestablish General category 

default daily retention limits for large 

medium or giant BFT on open days. As 

effort controls, both RFDs and daily 

retention limits are meant to extend 

General category fishing opportunities 

through a greater portion of the General 

category time period subquotas, prevent 

overharvest of quota in any period, and 

improve distribution of fishing 

opportunities without increasing BFT 

mortality. NMFS has prepared a draft 

Environmental Assessment (EA), 

Regulatory Impact Review (RIR), and an 

Initial Regulatory Flexibility Analysis 

(IRFA) that present and analyze the 

anticipated environmental, social, and 

economic impacts of each alternative 

considered for this proposed rule. A 

brief summary of the alternatives 

considered is provided below. 

Additional information regarding this 

action and BFT management overall can 

be found in the FMP and its 

amendments, the annual HMS Stock 

Assessment and Fishery Evaluation 

Reports, and online at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

Under Alternative B, which NMFS is 

considering as four sub-alternatives (B1 

is the preferred alternative), NMFS 

would modify the process for setting an 

RFD schedule. Under these alternatives, 

instead of conducting an annual 

rulemaking to set an annual RFD 

schedule, NMFS would set a default 

RFD schedule for specific General 

category time periods and days for the 

2024 fishing year and subsequent years. 

If the scheduled RFDs are codified, 

NMFS may remove them or establish 

additional RFDs, as appropriate, 

through further rulemaking. In recent 

years, NMFS has noticed that the 

number of BFT landed but unsold by 

General category quota participants 

have increased in association with high 

rates of landings. Codifying RFDs would 

provide General category quota 

participants and dealers advanced time 

(i.e., more than a month) to plan and 

coordinate activities for the expected 

time periods with high BFT landings 

rates, potentially decreasing the amount 

of BFT that are landed but unsold. 

Under the preferred alternative for an 

RFD schedule (Alternative B1), NMFS 

would codify a 3-day RFD schedule for 

every Tuesday, Friday, and Saturday 

from July 1 through November 30. 

NMFS has used this RFD schedule since 

2022 to correspond with the time 

periods when catch rates have been 

historically high in the General category 

often resulting in premature closures of 

the fishery. The preferred RFD schedule 

would allow for two consecutive 2-day 

periods each week (Sunday–Monday; 

Wednesday–Thursday). This schedule 

would increase the efficient utilization 

of the BFT resource. It would allow 

dealers to plan to move BFT product 

through the market and therefore reduce 

the amount of General category BFT 

landed but unsold. Additionally, 

codifying this schedule could allow for 


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some commercial fishing activity each 

weekend (i.e., on Sunday). Providing 

the opportunity for the time periods to 

last as long as possible would likely 

increase General category participation 

by commercial fishermen and provide 

access to fishing grounds while BFT are 

available. Furthermore, because this 

schedule would allow for at least 1 day 

of fishing on a weekend, which is when 

many tournaments operate, this specific 

RFD schedule would allow General 

category quota participants the 

opportunity to participate in at least 1 

day of fishing tournaments. 

NMFS may waive these scheduled 

RFDs for the specific time periods and 

days on which they apply by adjusting 

the daily BFT retention limit from zero 

up to five after considering the criteria 

at § 635.27(a)(7). Considerations 

include, among other things, review of 

dealer reports, daily landing trends, and 

the availability of BFT on fishing 

grounds. NMFS would announce any 

such waiver by filing a retention limit 

adjustment with the Office of the 

Federal Register for publication. NMFS 

also may waive previously designated 

RFDs effective upon closure of the 

General category fishery so that persons 

aboard vessels permitted in the General 

category may conduct only tag-andrelease fishing for BFT under 

§ 635.26(a). 

Under the preferred alternative for a 

General category daily retention limit 

(Alternative D3), NMFS would establish 

a General category daily retention limit 

of three large medium or giant BFT per 

vessel on open days in June and one 

large medium or giant BFT per vessel on 

open days for all other months in time 

periods where the fishery is open (i.e., 

January through March and July through 

December; note that the General 

category BFT fishery is not open during 

the months of April and May). In recent 

years, NMFS has increased the daily 

retention limit to three BFT in June 

when landing rates are low and then 

decreased the daily retention limit to 

one BFT when landing rates increased. 

This alternative would allow the 

continuation of a three-fish retention 

limit during the month of June when 

landing rates are low, thus providing 

some benefit to those General category 

quota participants that could retain 

more than one BFT during a period in 

which NMFS typically has increased the 

retention limit. 

These preferred alternatives would 

help General category quota 

participants, tournament operators, and 

dealers with fishery-related planning 

(e.g., fishers’ travel to fishing grounds or 

engage in other fishing endeavors) by 

providing an advance schedule of open 

and closed days and the applicable 

retention limits when the fishery is 

open. Furthermore, the preferred 

alternatives would provide an 

administrative cost savings as the 

Agency would publish fewer Federal 

Register actions setting RFD schedules 

on an annual basis and inseason 

retention limits adjustments for the 

General category fishery. Overall, these 

preferred alternatives meet the goals and 

objectives of this action and are 

expected to have neutral to minor 

beneficial ecological, social, and 

economic impacts. 

In addition to the proposed measures, 

in the draft EA for this action, NMFS 

analyzed a status-quo alternative 

(Alternative A) that would maintain the 

recent practice of NMFS conducting 

annual rulemaking to set a schedule of 

RFDs for upcoming fishing years. NMFS 

does not prefer the no action alternative 

as administrative timing issues could 

occur related to final publication of an 

RFD schedule (similar to the 2021 RFD 

rulemaking) resulting in a later start of 

RFDs. Furthermore, Alternative A 

would not provide the same benefit to 

General category quota participants, 

tournament operators, and dealers in 

terms of being able to plan for RFDs. 

The draft EA for this action also 

describes the impacts of three other RFD 

schedules: a 3-day-per-week RFD 

schedule for every Thursday, Friday, 

and Saturday from July 1 through 

November 30 (Alternative B2); a 3-dayper-week RFD schedule for every 

Friday, Saturday, and Sunday from July 

1 through November 30 (Alternative 

B3); and a 4-day (or more)-per-week 

RFD schedule from July 1 through 

November 30 (Alternative B4). Although 

Alternatives B2, B3, and B4 could pace 

landings just as or more effectively than 

the preferred alternative, implementing 

any of these alternatives is unlikely to 

allow adequate time for fish products to 

move through the market. Consecutive 

RFDs could result in market gluts 

leading to an influx of BFT product (i.e., 

consecutive fishable days per week 

could lead to an oversupply of BFT that 

are landed and unable to be sold). These 

market gluts as a result could continue 

the recent trend of BFT being landed by 

General category quota participants but 

not sold to dealers. 

The draft EA also describes the 

impacts of eliminating RFDs 

(Alternative C). NMFS does not prefer 

this alternative as it would not meet the 

objectives of this rulemaking inasmuch 

as it would result in shorter time 

periods when fishing is allowed and 

thus reduced fishing opportunity. 

Lastly, the draft EA describes the 

impacts of two other alternatives for 

General category default daily retention 

limits as follows: maintain the current 

regulations at § 635.23(a)(3), which do 

not establish a default retention limit on 

open days (i.e., non-RFDs) when the 

General category is open (Alternative 

D1); and establish a General category 

default daily retention limit of one large 

medium or giant BFT (i.e., one fish 

measuring 73 inches (185 cm) curved 

fork length or greater) per vessel on 

open days when the General category is 

open, for all General category time 

periods, or unless adjusted with an 

inseason action, if warranted 

(Alternative D2). NMFS does not prefer 

Alternatives D1 and D2 because General 

category quota participants may be 

limited by either not knowing the 

retention limit until publication of an 

action or by having a one-fish retention 

limit which may slightly adversely 

impact those fishermen who might be 

able to land and retain more than one 

BFT during the month of June when 

NMFS typically increases the retention 

limit. 

Proposed Regulatory Clarification of 

Dealer Activities on RFDs 

Dealer reporting regulations apply to 

all dealers who first receive HMS 

products (§ 635.5(b)). Under § 635.2, 

‘‘first receive’’ means to take possession 

for commercial purposes of any HMS or 

any part thereof by purchasing, trading 

or bartering for it from the fishing vessel 

owner or operator once it is offloaded, 

except when such possession is solely 

for transport. A BFT dealer or a dealer’s 

agent must affix a dealer tag to each BFT 

purchased or received from a U.S. vessel 

immediately upon offloading the BFT 

(§ 635.5(b)(2)(ii)). As defined under 

§ 635.2, a dealer tag is a numbered, 

flexible, self-locking ribbon issued by 

NMFS to a dealer for the identification 

of BFT sold to a permitted dealer. A 

dealer tag is not transferable and is 

usable only by the dealer to whom it is 

issued. Id. Dealer tags may not be reused 

once affixed to a tuna or recorded on a 

package, container, or report. Id. The 

dealer tag must remain on the fish until 

it is cut into portions. Id. If the BFT or 

BFT parts subsequently are packaged for 

transport for domestic commercial use 

or for export, the number of the dealer 

tag or the BSD tag must be written 

legibly and indelibly on the outside of 

any package containing the tuna. Id. 

Such tag number also must be recorded 

on any document accompanying the 

shipment of BFT for commercial use or 

export. Id. 

With the recent use of RFDs, NMFS 

has received questions about dealer 

requirements relative to RFDs (e.g., 

timing of transfer and sale to a dealer, 


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timing of affixing a dealer tag). NMFS is 

also aware of situations in which 

permitted dealers provide an individual 

with dealer tags on open days and RFDs 

in an attempt to allow the individual to 

act as a dealer’s agent for the purposes 

of tagging a commercially landed BFT 

when a dealer is unavailable to first 

receive BFT on that day. To address 

these ongoing questions and concerns 

and assist with enforcement of RFDs, 

NMFS is proposing clarifications to the 

regulations as outlined below. 

Currently, on an RFD, Atlantic Tunas 

General category permitted vessels may 

not fish for (including catch-and-release 

or tag-and-release fishing), possess, 

retain, land, or sell BFT (§ 635.23(a)(2)). 

HMS Charter/Headboat permitted 

vessels with a commercial sale 

endorsement also are subject to these 

restrictions that preclude fishing 

commercially for BFT or selling the BFT 

under the General category restrictions 

and retention limits, but such vessels 

may still fish for, possess, retain, or land 

BFT when fishing recreationally under 

applicable HMS Angling category rules 

(§ 635.23(c)(2)). NMFS is not proposing 

changes to these restrictions that apply 

on RFDs. 

Accordingly, regardless of when a 

BFT is landed by a General category 

permitted vessel or an HMS Charter/ 

Headboat permitted vessel with a 

commercial sale endorsement fishing 

commercially for BFT under the General 

category restrictions and retention 

limits, BFT that is intended for sale 

must be in the possession of a permitted 

dealer no later than 2400 local time the 

day prior to an RFD (i.e., the open day 

before an RFD). Any commercially 

landed BFT that is in the possession of 

a General category permit holder or an 

HMS Charter/Headboat permit holder 

with a commercial sale endorsement 

operating under the commercial 

restrictions and regulations at 0000 local 

time on an RFD is in violation of the 

RFD regulations at §§ 635.2 and 

635.23(a). Atlantic Tunas General 

category and HMS Charter/Headboat 

permit holders that intend to sell BFT 

must land and transfer the BFT to a 

permitted dealer or dealer’s agent no 

later than 2400 local time the day prior 

to an RFD. If the permit holder is unable 

to sell or otherwise transfer the BFT to 

a permitted dealer before 2400, the 

permit holder must follow the 

restrictions applicable to landed but not 

sold BFT specified at § 635.5(a)(3). Such 

permit holders may not be in possession 

of a BFT after 0000 local time on an 

RFD. NMFS is proposing changes to 

§§ 635.23(a) and 635.31(a) to 

incorporate these clarifications. To 

remain in compliance, NMFS 

encourages fishermen and dealers to 

plan ahead and make arrangements to 

land, tag, and sell BFT before midnight 

when the following day is an RFD. No 

BFT may be possessed, landed, tagged, 

or sold on an RFD, even if the BFT was 

harvested on an open day but the vessel 

returned to port too late to meet a 

dealer. 

NMFS is also proposing modifications 

to the applicable dealer regulations in 

section § 635.5(b) to clarify that, on an 

RFD, a dealer or dealer’s agent may not 

purchase or place a dealer tag on a BFT 

that is on or has been offloaded from an 

Atlantic Tunas General category or HMS 

Charter/Headboat category permitted 

vessel, regardless of when the fish was 

landed. Similarly, NMFS proposes in 

section § 635.5(b)(2)(ii)(A) that a dealer 

or dealer’s agent must affix a dealer tag 

to each BFT purchased or first received 

from a U.S. vessel immediately upon 

offloading the BFT. On an RFD, a dealer 

or dealer’s agent may continue to first 

receive, place dealer tags on, or 

purchase BFT from vessels with other 

Atlantic Tunas permits (i.e., Harpoon, 

Longline, Trap) (§ 635.4(d)(1)). NMFS is 

also proposing to clarify that a dealer’s 

agent is a person who is currently 

employed by a place of business 

covered by the dealer’s permit; is a 

primary participant in the 

identification, weighing, and/or first 

receipt of fish as they are received; and 

fills out dealer reports as required under 

§ 635.5. This interpretation of a dealer’s 

agent is consistent with the description 

of a dealer proxy under § 635.8(b)(4). 

Finally, NMFS is clarifying the meaning 

of ‘‘BSD’’ in the definition of a BSD tag 

at § 635.2 to be ‘‘bluefin statistical 

document.’’ The effects of these changes 

are primarily administrative and no 

environmental or economic effects are 

anticipated. 

Classification 

Pursuant to section 304(g) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the 2006 Consolidated HMS FMP 

and its amendments, other provisions of 

the Magnuson-Stevens Act, ATCA, and 

other applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Although the agency has concluded 

that the proposed rule will not have a 

significant economic impact on a 

substantial number of small entities, in 

the interest of transparency an IRFA was 

prepared consistent with the standards 

in section 603 of the Regulatory 

Flexibility Act (RFA). The IRFA 

describes the economic impact that this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. A copy 

of this analysis is available from NMFS 

(see ADDRESSES section). 

Section 603(b)(1) of the RFA requires 

agencies to describe the reasons why the 

action is being considered. The purpose 

of this proposed rulemaking is, 

consistent with the objectives of the 

2006 Consolidated HMS FMP and its 

amendments, the Magnuson-Stevens 

Act, ATCA, and other applicable law, to 

modify the process of scheduling RFDs 

and reestablish a General category 

default daily retention limit for large 

medium or giant BFT on open days. As 

effort controls, both RFDs and daily 

retention limits are meant to extend 

General category fishing opportunities 

through a greater portion of the General 

category time period subquotas, prevent 

overharvest of quota in any period, and 

improve distribution of fishing 

opportunities without increasing BFT 

mortality. Lastly, this action would 

clarify existing HMS dealer regulations 

and the definition of a BSD tag to 

improve the understanding of vessel 

and dealer restrictions and requirements 

for participants in the General category 

BFT fishery. 

Section 603(b)(2) of the RFA requires 

agencies to state the objectives of, and 

legal basis for, the proposed action. The 

objective of this proposed rulemaking to 

simplify and clarify the regulatory 

process regarding RFDs. RFDs increase 

the likelihood of pacing General 

category landings to extend fishing 

opportunities through a greater portion 

of the General category time period 

subquotas. Additionally, this proposed 

action would clarify the General 

category retention limit on open days 

for better understanding by General 

category quota participants and clarify 

the existing dealer requirements to 

ensure better compliance by dealers and 

dealers’ agents when operating on an 

RFD. The legal basis for the proposed 

rule is the Magnuson-Stevens Act. 

Section 603(b)(3) of the RFA requires 

agencies to provide an estimate of the 

number of small entities to which the 

rule would apply. NMFS established a 

small business size standard of $11 

million in annual gross receipts for all 

businesses in the commercial fishing 

industry, North American Industry 

Classification System (NAICS 11411), 

for RFA compliance purposes. The 

Small Business Administration (SBA) 


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has established size standards for all 

other major industry sectors in the 

United States, including the scenic and 

sightseeing transportation (water) sector 

(NAICS code 487210), which includes 

for-hire (charter/party boat) fishing 

entities. The SBA has defined a small 

entity under the scenic and sightseeing 

transportation (water) sector as one with 

average annual receipts (revenue) of less 

than $14 million. NMFS considers all 

HMS permit holders, both commercial 

and for-hire, to be small entities because 

they had average annual receipts of less 

than their respective sector’s standard of 

$11 million and $14 million. As of 

October 2022, there are 2,630 General 

category permit holders and 4,175 HMS 

Charter/Headboat permit holders, of 

which 1,873 hold HMS Charter/ 

Headboat permits with a commercial 

sale endorsement. 

Section 603(b)(4) of the RFA requires 

agencies to describe any new reporting, 

record-keeping, and other compliance 

requirements. This proposed rule does 

not contain any new collection of 

information, reporting, or recordkeeping requirements. This proposed 

rule would modify the process of 

scheduling RFDs, set a schedule of RFDs 

for 2024 fishing year and subsequent 

fishing years, reestablish a General 

category default retention limit for BFT 

on open days (i.e., non-RFDs), and make 

modifications to the HMS dealer 

regulations to clarify dealer and dealer 

agent activities on RFDs. 

Under section 603(b)(5) of the RFA, 

agencies must identify, to the extent 

practicable, relevant Federal rules 

which duplicate, overlap, or conflict 

with the proposed action. Fishermen, 

dealers, and managers in these fisheries 

must comply with a number of 

international agreements, domestic 

laws, and other fishery management 

measures. These include, but are not 

limited to, the Magnuson-Stevens Act, 

ATCA, the High Seas Fishing 

Compliance Act, the Marine Mammal 

Protection Act, the Endangered Species 

Act, the National Environmental Policy 

Act, the Paperwork Reduction Act, and 

the Coastal Zone Management Act. This 

proposed action has been determined 

not to duplicate, overlap, or conflict 

with any Federal rules. 

Under section 603(c) of the RFA, 

agencies must describe any significant 

alternatives to the proposed rule which 

accomplish the stated objectives of 

applicable statutes and which minimize 

any significant economic impact of the 

proposed rule on small entities. 

Specifically, the RFA (5 U.S.C. 603(c)(1) 

through (4)) lists four general categories 

of significant alternatives to assist an 

agency in the development of significant 

alternatives. These categories of 

alternatives are: (1) establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) clarification, consolidation, 

or simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) use of 

performance rather than design 

standards; and (4) exemptions from 

coverage of the rule, or any part thereof, 

for small entities. 

Regarding the first, second, and fourth 

categories, NMFS cannot establish 

differing compliance or reporting 

requirements for small entities or 

exempt small entities from coverage of 

the rule or parts of it because all of the 

businesses impacted by this rule are 

considered small entities, and thus the 

requirements are already designed for 

small entities. Regarding the third 

category, NMFS does not know of any 

performance or design standards that 

would satisfy the aforementioned 

objectives of this rulemaking. As 

described below, NMFS analyzed 

several different alternatives in this 

proposed rulemaking and provides 

rationales for identifying the preferred 

alternatives to achieve the desired 

objectives. NMFS did not develop 

alternatives for the regulatory 

clarifications of dealer activities on 

RFDs. The effects of these changes are 

primarily administrative and no 

environmental or economic effects are 

anticipated. 

The alternatives considered and 

analyzed are described below. The IRFA 

assumes that each vessel will have 

similar catch and gross revenues to 

show the relative impact of the 

proposed action on vessels. 

Under Alternative A, the status-quo 

alternative, NMFS would maintain the 

status quo and, as needed, would 

conduct annual rulemaking for RFDs. 

The average annual revenue for BFT 

landed in the General category is 

approximately $9.9 million based on the 

average ex-vessel price from 2018 

through 2022 and adjusted for inflation 

using the GDP Deflator. Overall, RFDs 

do not modify the General category 

quota and are designed to extend fishing 

opportunities through a greater 

proportion of the time periods in which 

they apply by spreading fishing effort 

out over time. To the extent that the exvessel revenue for a BFT sold by a 

General or HMS Charter/Headboat 

permitted vessel (with a commercial 

endorsement) may be higher when a 

lower volume of domestically caught 

BFT is on the market at one time, the 

use of RFDs may result in some shortterm increase in BFT prices, and the 

value of BFT for the applicable General 

category time periods could increase. 

These increases in price are unlikely to 

impact the overall average annual 

revenue. NMFS expects this status quo 

alternative would have neutral 

economic impacts as it does not expect 

this alternative to have new economic 

impacts on small entities participating 

in the fishery. 

Under Alternative B, which NMFS is 

considering as four sub-alternatives (B1 

is the preferred alternative), NMFS 

would modify the process for setting an 

RFD schedule. Under this alternative, 

NMFS would no longer conduct an 

annual rulemaking to set an RFD 

schedule but would codify the General 

category time periods and days in which 

RFDs would be applied. NMFS may 

waive these scheduled RFDs for the 

specific time periods and days on which 

they apply by adjusting the daily BFT 

retention limit from zero up to five after 

considering the criteria at § 635.27(a)(7). 

NMFS also may waive previously 

designated RFDs effective upon closure 

of the General category fishery so that 

persons aboard vessels permitted in the 

General category may conduct only tagand-release fishing for BFT under 

§ 635.26(a). Codification of RFDs would 

provide greater certainty and 

predictability than annual RFD 

rulemaking, providing some positive 

economic impacts to General category 

participants and dealers in terms of 

business planning. As stated above, the 

average annual revenue for BFT landed 

in the General category is approximately 

$9.9 million based on the average exvessel price from 2018 through 2022 

and adjusted for inflation using the GDP 

Deflator. To the extent that the ex-vessel 

revenue for a BFT sold by a General or 

HMS Charter/Headboat permitted vessel 

with a commercial endorsement may be 

higher when a lower volume of 

domestically caught BFT is on the 

market at one time, the use of RFDs may 

result in some short-term increase in 

BFT prices, and the value of BFT for the 

applicable General category time 

periods could increase. 

As part of Alternative B, NMFS is 

considering four sub alternatives 

specifying different days of the week 

when RFDs would take place to the RFD 

schedule for 2024 and subsequent years. 

In general, three of the sub alternatives 

(B1, B2, B3) have similar economic 

impacts because they establish the same 

number of RFDs and RFDs do not 

modify the General category quota and 

are designed to extend fishing 

opportunities through a greater 

proportion of the time periods in which 

they apply by spreading fishing effort 

out over time. To the extent that the exVerDate Sep<11>2014 16:53 Feb 22, 2024 Jkt 262001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1

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vessel revenue for a BFT sold by a 

General or HMS Charter/Headboat 

permitted vessel with a commercial 

endorsement may be higher when a 

lower volume of domestically caught 

BFT is on the market at one time, the 

use of RFDs may result in some shortterm increase in BFT prices, and the 

value of the General category time 

period subquotas could increase. 

Under Alternative B1, the preferred 

alternative, NMFS would codify a 3- 

day-per-week RFD schedule for every 

Tuesday, Friday, and Saturday from July 

1 through November 30. This sub 

alternative could have neutral to minor 

beneficial economic impacts on small 

entities participating in the fishery 

beyond those currently occurring 

because of the ability to plan provided 

by the schedule of RFDs, but these 

short-term increases in price are 

unlikely to impact the overall average 

annual revenue. 

Under Alternative B2, NMFS would 

codify a 3-day-per-week RFD schedule 

for every Thursday, Friday, and 

Saturday from July 1 through November 

30. This sub alternative could have 

neutral to minor adverse economic 

impacts on small entities participating 

in the fishery as four consecutive 

landings days could increase the influx 

of BFT products into the market 

resulting in a short-term decrease in exvessel prices and revenues for General 

category participants. This short-term 

decrease in BFT prices are unlikely to 

impact the overall average annual 

revenue. 

Under Alternative B3, NMFS would 

codify a 3-day-per-week RFD schedule 

for every Friday, Saturday, and Sunday 

from July 1 through November 30. This 

sub-alternative could have neutral to 

minor adverse economic impacts on 

small entities participating in the 

fishery as RFDs for an entire weekend 

could negatively impact General 

category participants who can only 

commercially fish on the weekends. 

Many participants are known to work in 

other sectors on weekdays and are only 

available to fish part-time on weekends. 

Additionally allowing four consecutive 

landing days could increase the influx 

of BFT products into the market 

resulting in a short-term decrease in exvessel prices and revenues for General 

category participants. This short-term 

decrease in BFT prices are unlikely to 

impact the overall average annual 

revenue. 

Under Alternative B4, NMFS would 

codify a 4-day (or more)-per-week RFD 

schedule. This sub alternative could 

have minor adverse to adverse economic 

impacts on small entities participating 

in the General category fishery as four 

or more RFDs could, rather than 

extending fishing opportunities, 

actually limit opportunities for General 

category participants to land the quota 

and subquotas resulting in derby-like 

conditions. This derby-like effect could 

lead to an influx of BFT products into 

the market that could result in a 

decrease in ex-vessel prices and 

revenues for General category 

participants, which may negatively 

impact overall average revenue. In 

addition, variable weather conditions 

where General category participants 

may be unable to take advantage of more 

limited open days may lead to an 

underharvest of the General category 

quota and subquotas, and 

underutilization of the available fishery 

resource. 

Under Alternative C, NMFS would 

remove RFDs from the existing HMS 

regulations and no longer set RFDs for 

the General category. As stated earlier in 

this document, the goal of RFDs are to 

extend General category fishing 

opportunities through a greater portion 

of the General category time periods. 

Without RFDs, high catch rates early in 

each time period would prompt NMFS 

to prematurely close the General 

category because the quota has been 

reached, even though fish may still be 

available on fishing grounds. This 

premature closure would mean 

commercial fishermen operating under 

the General category could not fish for, 

possess, retain, or sell commercial sized 

fish. To the extent that the ex-vessel 

revenue for a BFT sold by a General or 

HMS Charter/Headboat permitted vessel 

(with a commercial endorsement) may 

be higher when a lower volume of 

domestically caught BFT is on the 

market at one time, the use of RFDs may 

result in some short-term increase in 

BFT prices, and the value of the General 

category time period subquotas could 

increase. This alternative could have 

neutral to minor adverse economic 

impacts on small entities participating 

in the fishery. General category 

participants would likely land the 

subquotas over an extremely short time 

period increasing the influx of BFT 

products into the market, potentially 

resulting not only in an earlier closure 

of the fishery but also a slight decrease 

in ex-vessel prices and revenues for 

General category participants which 

may negatively impact overall average 

revenue. 

Under Alternative D1, the status-quo 

alternative, NMFS would maintain the 

current regulations at § 635.23(a)(3) 

which do not establish a default 

retention limit on open days (i.e., nonRFDs) when the General category is 

open. Under this alterative NMFS may 

set the General category default daily 

retention limit for large medium or giant 

BFT over a range of zero (on RFDs) to 

five BFT per vessel for each time period 

in an action published in the Federal 

Register. The daily retention limit 

would apply to General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT. Overall, 

the use of retention limits would likely 

have neutral to minor beneficial 

economic impacts on small entities 

participating in the General category 

fishery as they could extend the length 

of the General category time periods 

when BFT can be landed, providing 

additional fishing opportunities while 

also reducing the influx of BFT products 

into the market which could result in a 

short-term increase in ex-vessel prices 

for General category participants. This 

short-term increase in BFT prices are 

unlikely to impact the overall average 

annual revenue. NMFS expects the 

status-quo alternative to have neutral 

economic impacts as it does not change 

existing management. 

Under Alternative D2, NMFS would 

establish a General category default 

daily retention limit of one large 

medium or giant BFT per vessel on days 

when the General category is open. The 

daily retention limit would apply to 

General category permitted vessels and 

HMS Charter/Headboat permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. Retention limits 

would likely have neutral to minor 

beneficial economic impacts on small 

entities participating in the General 

category fishery as they could extend 

the length of the General category time 

periods when BFT can be landed, 

providing additional fishing 

opportunities while also reducing the 

influx of BFT products into the market 

which could result in a short-term 

increase in ex-vessel prices for General 

category participants. However, since 

the current practice in recent years is to 

set a daily retention limit of three large 

medium or giant BFT per vessel on days 

when the General category is open, 

starting June 1 through June 30, a 

default of one BFT could potentially 

constrain the revenue of vessels that 

might have been able to land two or 

three BFT on open days from June 1 

through June 30. Although this 

alternative may have a short-term minor 

adverse impact on a limited number of 

individuals and their revenues (likely 

resulting in a short-term decrease in exvessel prices), NMFS expects that the 


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overall average annual revenue would 

unlikely be impacted. 

Under Alternative D3, the preferred 

alternative, NMFS would establish a 

General category daily retention limit of 

three large medium or giant BFT per 

vessel on open days in June and one 

large medium or giant BFT on days 

during all other months when the 

fishery is open (i.e., January through 

March and July through December; the 

General category BFT fishery is not 

open during the months of April and 

May) unless adjusted with an inseason 

action. The daily retention limit would 

apply to General category permitted 

vessels and HMS Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. Retention limits 

would likely have neutral to minor 

beneficial economic impacts on small 

entities participating in the General 

category fishery as retention limits 

could extend the length of the General 

category time periods when BFT can be 

landed, providing additional fishing 

opportunities while also reducing the 

influx of BFT products into the market 

which could result in an increase in a 

short-term increase ex-vessel prices for 

General category participants. 

Implementation of these default 

retention limits would align with 

current management practices and 

provide additional fishing opportunities 

in all respective time periods. Codifying 

the current retention limits management 

practices would potentially reduce some 

uncertainty regarding future retention 

limits for General category participants 

and dealers and thus lead to some 

positive economic impacts associated 

with their improved business planning. 

NMFS expects that the overall average 

annual revenue would be unlikely to be 

impacted. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: February 15, 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 635 as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 2. In § 635.2, revise the definition for 

‘‘BSD tag’’ to read as follows: 

§ 635.2 Definitions. 

* * * * * 

Bluefin statistical document (BSD) tag 

means a numbered tag affixed to a BFT 

issued by any country in conjunction 

with a catch statistics information 

program and recorded on a BSD. 

* * * * * 

■ 3. In § 635.5, revise paragraph 

(b)(2)(ii)(A) to read as follows: 

§ 635.5 Recordkeeping and reporting. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(A) Affixing dealer tags. A dealer or a 

dealer’s agent must affix a dealer tag to 

each BFT purchased or first received 

from a U.S. vessel immediately upon 

offloading the BFT. A dealer’s agent is 

a person who is currently employed by 

a place of business covered by the 

dealer’s permit; is a primary participant 

in the identification, weighing, and/or 

first receipt of fish as they are received; 

and fills out dealer reports as required 

under § 635.5. If a vessel is placed on a 

trailer, the dealer or dealer’s agent must 

affix the dealer tag to the BFT 

immediately upon the vessel being 

removed from the water. The dealer tag 

must be affixed to the BFT between the 

fifth dorsal finlet and the caudal keel. 

Regardless of when the BFT was landed, 

on an RFD (as specified at § 635.23(a)), 

no dealer or dealer’s agent shall 

purchase, first receive, or affix a dealer 

tag to a BFT that is on or from a vessel 

that has an Atlantic Tunas General 

category permit or HMS Charter/ 

Headboat permit with a commercial sale 

endorsement. 

* * * * * 

■ 4. In § 635.23, revise paragraphs (a) 

and (c)(3) to read as follows: 

§ 635.23 Retention limits for bluefin tuna. 

* * * * * 

(a) General category. 

(1) No school, large school, or small 

medium size class BFT may be 

possessed, retained, landed, or sold on 

or from a vessel that has an Atlantic 

Tunas General category permit. 

(2) The following default daily 

retention limits apply to vessels that 

have an Atlantic Tunas General category 

permit or HMS Charter/Headboat permit 

with a commercial sale endorsement 

fishing under the General category 

restrictions and retention limits when 

the General category is open and the day 

is not an RFD and the retention limit 

has not been adjusted per paragraph 

(a)(3) of this section. 

(i) January 1 through March 31—one 

large medium or giant BFT, per vessel 

per day; 

(ii) June 1 through June 30—three 

large medium or giant BFT per vessel 

per day; and 

(iii) July 1 through December 30—one 

large medium or giant BFT per vessel 

per day. 

(3) To provide for maximum 

utilization of the quota for BFT, NMFS 

may adjust the daily retention limit of 

large medium or giant BFT over a range 

from zero (on RFDs) to a maximum of 

five per vessel per the inseason criteria 

provided under § 635.27(a)(7). 

(4) Regardless of the length of trip, no 

person may land, possess, or retain 

more than the daily retention limit in 

effect for that day. When the applicable 

retention limit for large medium or giant 

BFT has been reached, no person aboard 

such vessels may continue to fish, and 

the vessel must immediately proceed to 

port. 

(5) From July 1 through November 30 

of each year, every Tuesday, Friday, and 

Saturday is an RFD unless waived per 

paragraph (a)(7) of this section. On an 

RFD, no person who has been issued an 

Atlantic Tunas General category permit 

or issued an HMS Charter/Headboat 

permit and fishing commercially may 

fish for, possess, retain, land, or sell a 

BFT of any size class; or catch and 

release or tag and release, as specified 

under § 635.26(a), a BFT of any size 

class. 

(6) NMFS may remove or establish 

additional designated RFDs, as 

appropriate, following public comment 

via publication in the Federal Register. 

(7) Designated RFDs may be waived in 

the following circumstances. 

(i) If the General category fishery is 

closed under § 635.28(a), any remaining 

RFDs for the relevant time period(s) are 

waived so that persons aboard vessels 

issued an Atlantic Tunas General 

category permit may conduct tag-andrelease for BFT under § 635.26(a). 

(ii) If, based on the criteria at 

§ 635.27(a)(7), NMFS determines that 

RFDs are not necessary, NMFS may 

waive RFDs by increasing the daily 

retention limit per paragraph (a)(3) for a 

specific time period(s) via publication 

in the Federal Register. 

* * * * * 

(c) * * * 

(3) When fishing other than in the 

Gulf of Mexico when the General 


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category fishery is open and no RFD is 

in effect, a person aboard a vessel that 

has been issued an HMS Charter/ 

Headboat permit with a commercial sale 

endorsement may fish under either the 

General category restrictions and 

retention limits as specified in 

paragraphs (a)(1) through (2) and 

paragraphs (4) through (5) of this section 

or the Angling category restrictions and 

retention limits as specified in 

paragraphs (b)(1) through (3) of this 

section. The size category of the first 

BFT retained will determine whether 

the General category or Angling category 

restrictions and retention limits apply to 

the vessel that day. 

* * * * * 

■ 5. In § 635.31, revise paragraph (a)(1) 

and add paragraph (a)(2)(iii) to read as 

follows: 

§ 635.31 Restrictions on sale and 

purchase. 

(a) * * * 

(1) A person who owns or operates a 

vessel from which an Atlantic tuna is 

landed or offloaded may sell such 

Atlantic tuna only if that vessel has a 

valid HMS Charter/Headboat permit 

with a commercial sale endorsement; a 

valid Atlantic Tunas General, Harpoon, 

Longline, or Trap category permit; or a 

valid HMS Commercial Caribbean Small 

Boat permit issued under this part and 

the appropriate category has not been 

closed as specified at § 635.28(a). No 

person may sell a BFT smaller than the 

large medium size class. No large 

medium or giant BFT may be sold if 

caught by a person aboard a vessel with 

an Atlantic HMS Charter/Headboat 

permit fishing in the Gulf of Mexico at 

any time or outside the Gulf of Mexico 

when the General category fishery has 

been closed (see § 635.23(c)). A person 

may sell Atlantic BFT only to a dealer 

that has a valid permit for purchasing 

Atlantic tunas issued under this part. A 

person may not sell or purchase Atlantic 

tunas harvested with speargun fishing 

gear. A person issued an Atlantic Tunas 

General category permit or HMS 

Charter/Headboat permit with a 

commercial sale endorsement must 

land, sell or transfer a BFT to a dealer 

that has a valid permit for purchasing 

Atlantic tunas no later than 2400 local 

time the day prior to an RFD, as 

specified at § 635.23(a). If that person is 

unable to sell or otherwise transfer the 

BFT to a dealer who has a dealer permit 

for Atlantic tunas no later than 2400, the 

person must follow the restrictions 

applicable to landed but not sold BFT 

specified at § 635.5(a)(3). In no case 

shall such person possess a BFT on an 

RFD. 

(2) * * * 

(iii) Dealers may not first receive a 

BFT from a vessel that has a valid 

Atlantic Tunas General permit or HMS 

Charter/Headboat permit with a 

commercial sale endorsement after 0000 

local time on an RFD, as specified at 

§ 635.23(a). 

* * * * * 

■ 6. In § 635.71, revise paragraphs 

(b)(13) and (29) to read as follows: 

§ 635.71 Prohibitions 

* * * * * 

(b) * * * 

(13) As a vessel with an Atlantic 

Tunas General category permit, fail to 

immediately cease fishing and 

immediately return to port after 

catching the applicable limit of large 

medium or giant bluefin tuna on a 

commercial fishing day, as specified in 

§ 635.23(a)(4). 

* * * * * 

(29) As a dealer or dealer’s agent, 

purchase, first receive, or affix a dealer 

tag to a BFT that is on or from a vessel 

that has been issued an Atlantic Tunas 

General category permit or HMS 

Charter/Headboat permit with a 

commercial sale endorsement, as 

specified in § 635.5(b)(2)(ii)(A) after 

0000 local time on an RFD. 

* * * * * 

[FR Doc. 2024–03594 Filed 2–22–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240214–0048] 

RIN 0648–BM83 

Fisheries of the Northeastern United 

States; 2024 and 2025 Summer 

Flounder and Scup, and 2024 Black 

Sea Bass Recreational Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes Federal 

management measures for the summer 

flounder and black sea bass recreational 

fisheries. The implementing regulations 

for these fisheries require NMFS to 

publish recreational measures for the 

fishing year and to provide an 

opportunity for public comment. The 

intent of this action is to set 

management measures that allow the 

recreational fisheries to achieve, but not 

exceed, the recreational harvest targets 

and thereby prevent overfishing. 

DATES: Comments must be received by 

March 11, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2024–0020 by the following 

method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and type 

NOAA–NMFS–2024–0020 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. 

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: 

Emily Keiley, Fishery Policy Analyst, 

(978) 281–9116, or Emily.Keiley@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council (Council) and the 

Atlantic States Marine Fisheries 

Commission (Commission) 

cooperatively manage summer flounder, 

scup, and black sea bass. The Council 

and the Commission’s Management 

Boards meet jointly each year to 

recommend recreational management 

measures. For summer flounder and 

black sea bass, NMFS must implement 

coastwide measures or approve 

conservation-equivalent measures per 

50 CFR 648.102(d) and 648.142(d), as 

soon as possible following the Council 

and Commission’s recommendation. 

This action proposes establishing 

conservation equivalency (i.e., waiving 

Federal recreational management 

measures) for both species in 2024 and 

for summer flounder in 2025. For scup, 

no adjustments to the Federal 


ddrumheller on DSK120RN23PROD with PROPOSALS1