81034 Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Rules and Regulations 

NMFS also considered the effects of 

the adjustment on BFT rebuilding and 

overfishing, and the effects of the 

transfer on accomplishing the objectives 

of the FMP (§ 635.27(a)(7)(v) and (vi)). 

This quota transfer would be consistent 

with established quotas and subquotas, 

which are implemented consistent with 

ICCAT recommendations (established in 

Recommendation 22–10), ATCA, and 

the objectives of the 2006 Consolidated 

HMS FMP and amendments. In 

establishing these quotas and subquotas 

and associated management measures, 

ICCAT and NMFS considered the best 

scientific information available, 

objectives for stock management and 

status such as rebuilding and avoiding 

overfishing, and effects on the stock. 

This quota transfer in line with the 

established management measures and 

stock status determinations. It is also 

important that NMFS limit landings to 

the quota both to adhere to the FMP 

quota allocations and to ensure that 

landings are as consistent as possible 

with the pattern of fishing mortality 

(e.g., fish caught at each age) that was 

assumed in the latest stock assessment, 

and this quota transfer is consistent 

with those objectives. Another principal 

consideration is the objective of 

providing opportunities to harvest the 

available General category quota 

without exceeding the annual quota. 

This consideration is based on the 

objectives of the 2006 Consolidated 

HMS FMP and its amendments, 

including achieving optimum yield on a 

continuing basis and allowing all permit 

categories a reasonable opportunity to 

harvest available BFT quota allocations 

(related to § 635.27(a)(7)(x)). 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Per 

§ 635.5(b)(2)(i)(A), dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. Late 

reporting by dealers compromises 

NMFS’ ability to timely implement 

actions such as quota and retention 

limit adjustments, as well as closures, 

and may result in enforcement actions. 

Additionally, and separate from the 

dealer reporting requirement, General 

and HMS Charter/Headboat category 

vessel owners are required per 

§ 635.5(a)(4) to report their own catch of 

all BFT retained or discarded dead 

within 24 hours of the landing(s) or end 

of each trip, by accessing https://

hmspermits.noaa.gov or by using the 

HMS Catch Reporting app, or calling 

(888) 872–8862 (Monday through Friday 

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

Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may access https://hmspermits.

noaa.gov, for updates on quota 

monitoring and inseason adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act (16 U.S.C. 1885(d)) and regulations 

at 50 CFR part 635 and this action 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), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to the public 

interest for the following reasons. 

Specifically, the regulations 

implementing the 2006 Consolidated 

HMS FMP and amendments provide for 

inseason adjustments and quota 

transfers 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 prior notice 

and opportunity for public comment on 

this quota transfer to the General 

category for the remainder of 2024 is 

impracticable and contrary to the public 

interest as the General category fishery 

is currently underway. Based on 

General category catch rates, a delay in 

this action would likely result in closure 

of the General category fishery when the 

baseline quota is met, with attendant 

administrative costs and costs to the 

fishery. NMFS could not have proposed 

this action earlier, as it needed to 

consider updated landings data in 

deciding whether to transfer a portion of 

the Reserve category quota to the 

General category quota. A delay in 

implementing this quota transfer would 

preclude the fishery from harvesting 

BFT that are currently available on the 

fishing grounds and that might 

otherwise become unavailable during a 

delay. This action does not raise 

conservation and management concerns 

and would support effective 

management of the BFT fishery. 

Transferring quota from the Reserve 

category to the General category October 

through November time period does not 

affect the overall ICCAT-allocated U.S. 

BFT quota, and available data show the 

adjustment would have a minimal risk 

of exceeding the overall quota. 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 

finds that pursuant to 5 U.S.C. 553(d), 

there is good cause to waive the 30-day 

delay in effective date. 

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

et seq. 

Dated: October 2, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–23129 Filed 10–2–24; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 240227–0061] 

RTID 0648–XE359 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl 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; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2024 total allowable catch of 

Pacific cod allocated to catcher vessels 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), October 4, 2024, 

through 2400 hours, A.l.t., December 31, 

2024. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 22, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by docket 

number NOAA–NMFS–2023–0133, 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 enter 

NOAA–NMFS–2023–0133 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 


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Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Rules and Regulations 81035 

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). 

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 in 50 CFR part 679. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels using 

trawl gear in the Central Regulatory 

Area of the GOA on September 1, 2024 

(89 FR 72340, September 5, 2024). 

NMFS has determined that as of October 

1, 2024, approximately 2,300 metric 

tons of Pacific cod remain in the 2024 

Pacific cod apportionment for catcher 

vessels using trawl gear in the Central 

Regulatory Area of the GOA. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 

use the 2024 total allowable catch (TAC) 

of Pacific cod allocated to catcher 

vessels using trawl gear in the Central 

Regulatory Area of the GOA, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels using trawl gear in 

the Central Regulatory Area of the GOA. 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) the current 

catch of Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the GOA and (2) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels in 

participating in this fishery. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the opening of directed 

fishing for Pacific cod by catcher vessels 

using trawl 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 October 1, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels catcher 

vessels using trawl gear in the Central 

Regulatory Area of the GOA to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until October 22, 2024. 

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

Dated: October 1, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–23086 Filed 10–2–24; 4:15 pm] 

BILLING CODE 3510–22–P 


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