10008 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Rules and Regulations 

Angling and HMS Charter/Headboat 

permitted vessels when fishing 

recreationally for BFT, and is taken 

consistent with the regulations at 

§ 635.28(a)(1). This action is intended to 

prevent further overharvest of the 

Angling category southern area trophy 

BFT subquota. 

If needed to ensure available quotas or 

subquotas are not exceeded or to 

enhance fishing opportunities, 

subsequent Angling category 

adjustments or closures will be 

published in the Federal Register per 

§§ 635.27(a)(7) and 635.28(a)(1). 

Information regarding the Angling 

category fishery for Atlantic tunas, 

including daily retention limits for BFT 

measuring 27 inches (68.5 cm) to less 

than 73 inches (185 cm), and any further 

Angling category adjustments, is 

available at https://www.hmspermits.

noaa.gov. During a closure, fishermen 

aboard HMS Angling and HMS Charter/ 

Headboat permitted vessels when 

fishing recreationally may continue to 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. All BFT that are released must 

be handled in a manner that will 

maximize survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fisheries closely. Per § 635.5(c)(1), 

HMS Angling and HMS Charter/ 

Headboat permitted vessel owners are 

required to report the catch of all BFT 

retained or discarded dead, within 24 

hours of the landing(s) or end of each 

trip, by accessing https://

www.hmspermits.noaa.gov, using the 

HMS Catch Reporting app, or calling 

(888) 872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 553(b)(B), it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on, this action for the 

following reasons. Specifically, the 

regulations implementing the 2006 

Consolidated HMS FMP and its 

amendments provide for inseason 

retention limit adjustments and fishery 

closures to respond to the unpredictable 

nature of BFT availability on the fishing 

grounds, the migratory nature of this 

species, and the regional variations in 

the BFT fishery. Providing for prior 

notice and opportunity to comment is 

impracticable and contrary to the public 

interest as this fishery is currently 

underway and, based on landings 

information, the Angling category 

southern area fishery subquota has been 

reached and exceeded. Delaying this 

action could result in further excessive 

trophy BFT landings that may result in 

future potential quota reductions for the 

Angling category, depending on the 

magnitude of a potential Angling 

category overharvest. NMFS must close 

the southern area trophy BFT fishery 

before additional landings of these sizes 

of BFT occur. Taking this action does 

not raise conservation and management 

concerns, and would support effective 

management of the BFT fishery. NMFS 

notes that the public had an opportunity 

to comment on the underlying 

rulemakings that established the U.S. 

BFT quota and the inseason adjustment 

criteria. 

For all of the above reasons, the AA 

also finds that pursuant to 5 U.S.C. 

553(d), there is good cause to waive the 

30-day delay in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: February 7, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–02910 Filed 2–8–24; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053] 

RTID 0648–XD651 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2024 total 

allowable catch (TAC) of Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 9, 2024, 

through 1200 hours, A.l.t., June 10, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

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 MagnusonStevens 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 part 600 

and 50 CFR part 679. 

The A season allowance of the 2024 

Pacific cod TAC apportioned to vessels 

using pot gear in the Central Regulatory 

Area of the GOA is 2,726 metric tons 

(mt) as established by the final 2023 and 

2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023) and inseason adjustment 

(88 FR 88840, December 26, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2024 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 2,716 mt 

and is setting aside the remaining 10 mt 

as bycatch to support other anticipated 

groundfish fisheries. 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 Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 


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Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Rules and Regulations 10009 

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 closure of Pacific 

cod by vessels using pot gear in the 

Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 7, 

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: February 7, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–02888 Filed 2–9–24; 8:45 am] 

BILLING CODE 3510–22–P 


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