96906 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

In addition, this action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it is not 

approved to apply in Indian country 

located in the State, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 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. The EPA defines 

environmental justice (EJ) 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.’’ The 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.’’ 

The EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action 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, which finds that a 

nonattainment area attained the 2010 

SO2 NAAQS by the applicable 

attainment date, 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 4, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, the 

determination of attainment by the 

attainment date for the Anne ArundelBaltimore County SO2 nonattainment 

area, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart V—Maryland 

■ 2. Amend § 52.1082 by adding 

paragraph (m) to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(m) The EPA has determined, as of 

January 6, 2025, that based on 2018– 

2020 monitoring data, relevant 

modeling analysis, and additional 

emissions inventory information, the 

Anne Arundel and Baltimore County 

SO2 nonattainment area has attained the 

2010 1-hour SO2 primary NAAQS by the 

applicable attainment date of September 

12, 2021. 

[FR Doc. 2024–27865 Filed 12–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 241129–0306] 

RIN 0648–BM70 

International Fisheries; Pacific Tuna 

Fisheries; Fish Aggregating Device 

Design and Reporting Requirements in 

the Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing and 

modifying regulations under the Tuna 

Conventions Act (TCA) of 1950, as 

amended, to implement two Resolutions 

adopted at the 101st Meeting of the 

Inter-American Tropical Tuna 

Commission (IATTC) in August 2023. 

These Resolutions include Resolution 

C–23–03 (Amendment to Resolution C– 

99–07 on Fish Aggregating Devices) and 

Resolution C–23–04 (On the Design and 


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Biodegradability of Drifting Fish 

Aggregating Devices (DFADs) in the 

IATTC Area of Competence). This final 

rule modifies regulations for the design 

of fish aggregating devices (FADs) in the 

eastern Pacific Ocean (EPO) to require 

that they be designed with nonentangling and biodegradable materials. 

The rule also requires that vessel 

owners and operators collect data 

related to the recovery, disposal, or 

recycling of FADs and submit these data 

to the IATTC, unless the information is 

already collected and submitted to the 

IATTC by an observer. 

DATES: This rule is effective January 6, 

2025. 

ADDRESSES: A plain language summary 

of this rule is available at https://

www.regulations.gov/docket/NOAANMFS-2023-0147. 

Copies of supporting documents that 

were prepared for this rule, including 

the regulatory impact review (RIR), are 

available via the Federal e-Rulemaking 

Portal: https://www.regulations.gov, 

docket NOAA–NMFS–2023–0147, or 

contact Highly Migratory Species 

Branch Staff, Karter Harmon, 501 West 

Ocean Boulevard, Suite 4200, Long 

Beach, CA 90802, or Karter.Harmon@

noaa.gov. 

Written comments and 

recommendations for this information 

collection should be submitted at the 

following website: https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by using the search function 

and entering either the title of the 

collection or the OMB Control Number 

0648–0148. 

FOR FURTHER INFORMATION CONTACT: 

Karter Harmon, NMFS West Coast 

Region (WCR), at (562) 980–3248, or 

Karter.Harmon@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission (1949 

Convention). In 2003, the IATTC 

updated the 1949 Convention through 

the adoption of the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The Antigua Convention 

entered into force in 2010. The United 

States acceded to the Antigua 

Convention on February 24, 2016. The 

full text of the Antigua Convention is 

available at: https://www.iattc.org/ 

PDFFiles2/Antigua_Convention_Jun_

2003.pdf. 

The United States implements 

binding decisions of the IATTC as 

domestic regulations under the Tuna 

Conventions Act of 1950, as amended, 

16 U.S.C. 951 et seq. (Pub. L. 114–81). 

The TCA directs the Secretary of 

Commerce, in consultation with the 

Secretary of State and, with respect to 

enforcement measures, the U.S. Coast 

Guard, to promulgate such regulations 

as may be necessary to carry out the 

United States’ obligations under the 

Antigua Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

IATTC Resolutions on Fish Aggregating 

Devices 

The 101st Meeting of the IATTC was 

held in Victoria, Canada, in August 

2023. At this meeting, the IATTC 

adopted Resolution C–23–03 

(Amendment to Resolution C–99–07 on 

Fish Aggregating Devices) and 

Resolution C–23–04 (On the Design and 

Biodegradability of Drifting Fish 

Aggregating Devices (DFADs) in the 

IATTC Area of Competence). 

Resolution C–23–03 amends 

Resolution C–99–07 and continues to 

recommend that tender vessels 

operating in support of vessels fishing 

on FADs in the EPO remain prohibited. 

The Resolution stipulates that vessels 

may engage in FAD recovery activities 

that are limited to the collection of 

FADs for final disposal, not 

maintenance or adjustment. The 

Resolution requires that Members and 

Cooperating Non-Members report all 

associated information on any such FAD 

recovery activities to the IATTC 

Secretariat. The Resolution encourages 

the initiation of FAD recovery programs 

through cooperative initiatives among 

fishing vessels and other vessels 

implementing recovery projects in the 

IATTC Convention Area. These 

measures are intended to improve FAD 

management and data collection for 

FAD-associated fishing sets and to 

reduce their impacts. 

Resolution C–23–04 contains new 

requirements regarding materials that 

can be used in FADs that are deployed 

or redeployed in the IATTC Convention 

Area. These include biodegradable and 

non-entangling materials, which would 

be phased in between 2025 and 2029. 

Beginning on January 1, 2025, purse 

seine vessel owners and operators are 

required to meet non-entangling design 

requirements for FADs, and the use of 

mesh nets is prohibited for any part of 

a FAD. The Resolution defines ‘‘nonentangling FAD’’ as ‘‘a FAD that does 

not include any netting materials for 

any part of the FAD including both the 

surface structure (e.g., raft) and 

subsurface structure (e.g., tail).’’ 

Beginning on January 1, 2026, purse 

seine vessel owners and operators are 

required to begin using biodegradable 

materials in either the surface or 

subsurface portion of FADs. By January 

1, 2029, both the surface and subsurface 

portion of the FAD must be composed 

of biodegradable materials. These 

measures are intended to reduce marine 

pollution and other impacts associated 

with non-biodegradable FADs. 

NMFS published a proposed rule on 

July 19, 2024 (89 FR 58698), for public 

review and comment. The comment 

period closed on August 19, 2024. The 

preamble to the proposed rule contains 

additional background information that 

is not repeated here. 

Final Regulations 

This rule is implemented under the 

TCA (16 U.S.C. 951 et seq.) and includes 

changes to part 300, subpart C of title 50 

of the Code of Federal Regulations 

(CFR). This rule implements the 

following three provisions in 

Resolutions C–23–03 and C–23–04: 

First, the rule establishes new 

requirements for vessels that choose to 

recover FADs in the IATTC Convention 

Area for the purpose of final disposal. 

Except for authorized tuna purse seine 

vessels, vessels engaged in recovery 

activities may not deploy FADs. 

Recovered FADs must be taken on board 

and brought to port for recycling or final 

disposal. The rule also implements a 

reporting requirement for information 

associated with all FADs recovered by 

vessel owners and operators in the 

IATTC Convention Area, unless that 

information is already reported by an 

observer. These data must be reported to 

the IATTC scientific staff for analysis 

using a format and address provided by 

NMFS. Because these data are routinely 

collected by observers, this reporting 

requirement will only apply in 

situations where a vessel engaged in 

FAD recovery does not have an observer 

on board. 

Second, beginning on January 1, 2025, 

U.S. purse seine vessel owners and 

operators will be required to meet nonentangling design requirements for 

FADs deployed or redeployed in the 

IATTC Convention Area. A definition of 

‘‘non-entangling FAD,’’ consistent with 

the definition adopted by the IATTC, is 

included in the regulations as follows: 

‘‘Non-entangling FAD means a FAD that 

does not include any netting materials 

for any part of the FAD including both 


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96908 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations 

the surface structure (e.g., raft) and 

subsurface structure (e.g., tail).’’ 

Third, beginning on January 1, 2026, 

U.S. purse seine vessel owners and 

operators will be required to meet 

standards for biodegradable materials in 

either the surface or subsurface 

components of FADs in the IATTC 

Convention Area. A definition of 

‘‘biodegradable,’’ consistent with the 

definition adopted by the IATTC, is 

included in the regulations as follows: 

‘‘Biodegradable means non-synthetic 

materials and/or bio-based alternatives 

that are consistent with approved 

international standards for materials 

that are biodegradable in marine 

environments. The components 

resulting from the degradation of these 

materials should not be damaging to the 

marine and coastal ecosystems or 

include heavy metals or plastics in their 

composition. Examples of non-synthetic 

materials include plant-based materials 

such as cotton, jute, manila hemp 

(abaca), bamboo, and natural rubber; 

and animal-based materials such as 

leather, wool, and lard. The approved 

international standards are ASTM 

D6691, ASTM D7881, and TUV 

Austria.’’ 

By January 1, 2026, FADs must be 

constructed according to one of three 

sets of specifications. Under option one, 

the surface part of the FAD must be 

made of fully biodegradable materials, 

except for flotation components, but the 

subsurface part may contain nonbiodegradable materials (e.g., synthetic 

raffia, metallic frame, plastic floats, 

nylon ropes). Under option two, the 

subsurface part of the FAD must be 

made of fully biodegradable materials, 

but the surface part and any flotation 

components may be made of nonbiodegradable materials. Under option 

three, the surface part, except for 

flotation components, and subsurface 

part must both be made of fully 

biodegradable materials. All three 

options would allow for plastic-based 

flotation components (e.g., plastic 

buoys, foam, purse-seine corks). The 

third option allows an exception for 

satellite buoys that are attached to FADs 

to track them, and for nylon ropes, 

which can be used exclusively to 

strengthen the structure of the floating 

or underwater component of the FAD. 

By January 1, 2029, all FADs 

deployed or redeployed in the IATTC 

Convention Area must be designed and 

constructed such that the surface part 

and subsurface part are both made of 

fully biodegradable materials, except 

that any flotation component on the 

surface part may still be made of nonbiodegradable materials. The exceptions 

for satellite buoys and nylon ropes will 

continue to apply. 

Public Comments and Responses 

NMFS received two comments during 

the 30-day comment period on the 

proposed rule, which closed on August 

19, 2024. One comment was from a 

member of the general public and was 

fully supportive of the proposed rule as 

written. The second comment was from 

American Tunaboat Association (ATA), 

which represents U.S. large purse seine 

vessels in the Pacific Ocean. This 

comment, while generally supportive, 

raised two issues with the proposed rule 

text which are addressed below. 

Issue 1: The commenters noted that 

the length of time needed to comply 

with the collection of information 

requirements for the FAD recovery form 

is likely to be greater than the 5 minutes 

estimated in the proposed rule. 

NMFS Response: NMFS 

acknowledges the experience of 

industry participants in providing an 

estimate of the time burden for filling 

out forms and reporting information to 

the IATTC. After considering this public 

comment, NMFS has updated the 

estimated average time burden for 

collection of information associated 

with this rule from 5 minutes to 15 

minutes, if FADs are voluntarily 

retrieved for disposal. However, as the 

commenters pointed out, much of the 

relevant information would already be 

collected by IATTC observers aboard the 

U.S. large purse seine vessels and 

therefore the time burden is unlikely to 

fall upon vessel owners and operators 

except when extenuating circumstances 

preclude the collection of such 

information by observers. 

Issue 2: The commenters noted that 

the projected impacts on the 

profitability of the fishery resulting from 

FAD design requirements in this action 

are uncertain and may be greater than 

the estimates offered in the proposed 

rule. In particular, the commenters 

stated that the data produced by the 

IATTC and the International Seafood 

Sustainability Foundation (ISSF) 

overestimate the average amount of tuna 

which can reliably be harvested from 

biodegradable FADs and underestimate 

the costs associated with transitioning 

from traditional to biodegradable FADs. 

NMFS Response: NMFS appreciates 

the perspectives of industry participants 

regarding the economic burden of 

transitioning from traditional to 

biodegradable FADs. NMFS cited the 

publicly available information from 

ISSF and the IATTC to estimate costs 

and harvest potential, but also 

acknowledges the fishing industry may 

have additional experiences with 

biodegradable FADs. NMFS also 

acknowledges there may be uncertainty 

and variation in harvest with 

biodegradable FADs between vessels as 

well. 

However, the costs associated with 

the transition to the proposed FAD 

designs are not expected to reduce 

profitability or significantly impact the 

fleet because replacing and redeploying 

FADs has always been considered 

routine by large purse seine vessels, 

regardless of design type. Due to the 

routine nature of replacement and 

redeployment of FADs, large purse seine 

vessels already consider such operating 

costs. Based on available public 

information, NMFS does not predict 

that costs of replacement and 

redeployment of biodegradable FADs 

will vary so significantly from current 

estimates used by large purse seine 

vessels as to impact profitability. As 

such, the uncertainty highlighted by the 

commenter does not alter our 

determination, pursuant to the 

Regulatory Flexibility Act, that this 

action is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

Changes From the Proposed Rule 

The Classification section of this final 

rule includes an adjustment to the 

estimated time burden of the collectionof-information requirements, in 

response to the information submitted 

by industry participants via public 

comment. No changes to the regulatory 

text were made between the proposed 

and final rule. 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the TCA and other 

applicable laws. 

Executive Order 12866 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Paperwork Reduction Act 

This final rule contains a collectionof-information requirement subject to 

review and approval by OMB under the 

Paperwork Reduction Act (PRA). This 

rule changes the existing requirements 

for the collection of information No. 

0648–0148 (West Coast Region Pacific 

Tuna Fisheries Logbook, Fish 

Aggregating Device Form, and Observer 

Safety Reporting) by requiring U.S. 

vessel owners and operators who 

voluntarily recover FADs for disposal or 

recycling to report information to the 

IATTC, unless that information is 

already collected and submitted to the 


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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Rules and Regulations 96909 

IATTC by an observer onboard the 

vessel. Current FAD reporting 

requirements under that collection of 

information would continue to apply. 

Public reporting burden for reporting on 

recovered FADs is estimated to average 

15 minutes per form, including the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

This public reporting burden will 

only be incurred in potential situations 

where an observer is either not present 

aboard the vessel, or is unable to collect 

the relevant information due to 

extenuating circumstances. 

Additionally, under existing regulations 

at 50 CFR 300.22(c), vessel owners and 

operators that do not have an observer 

on board are required to report detailed 

information on any interaction or 

activity with a deployed FAD, including 

information about the design of the 

FAD. The public reporting burden for 

this existing collection of information 

for FAD design will not change as a 

result of this final rule. 

We invite the general public and other 

Federal agencies to comment on 

proposed and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. Written comments 

and recommendations for this 

information collection should be 

submitted at the following website: 

https://www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by using the 

search function and entering either the 

title of the collection or the OMB 

Control Number 0648–0148. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), the Chief Counsel 

for Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration during the proposed 

rule stage that, for purposes of the 

Regulatory Flexibility Act, this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

Information received through public 

comment highlights uncertainty in some 

of the costs which may be incurred by 

the action. This information does not 

alter the analysis of the action as 

described in the proposed rule. 

Therefore, the initial certification 

published with the proposed rule—that 

this rule is not expected to have a 

significant economic impact on a 

substantial number of small entities— 

remains unchanged. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

Executive Order 13175 

NMFS has determined that this action 

would not have a substantial direct 

effect on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes; 

therefore, consultation with Tribal 

officials under Executive Order 13175 is 

not required, and the requirements of 

sections (5)(b) and (5)(c) of E.O. 13175 

also do not apply. A Tribal summary 

impact statement under section 

(5)(b)(2)(B) and section (5)(c)(2)(B) of 

Executive Order 13175 is not required 

and has not been prepared. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: December 2, 2024. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

300 as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart C—Eastern Pacific Tuna 

Fisheries 

■ 1. The authority citation for part 300, 

subpart C, continues to read as follows: 

Authority: 16 U.S.C. 951 et seq. 

■ 2. Amend § 300.21 by adding 

definitions, in alphabetical order, for 

‘‘Biodegradable’’ and ‘‘Non-entangling 

FAD’’ to read as follows: 

§ 300.21 Definitions. 

* * * * * 

Biodegradable means non-synthetic 

materials and/or bio-based alternatives 

that are consistent with approved 

international standards for materials 

that are biodegradable in marine 

environments. The components 

resulting from the degradation of these 

materials should not be damaging to the 

marine and coastal ecosystems or 

include heavy metals or plastics in their 

composition. Examples of non-synthetic 

materials include plant-based materials 

such as cotton, jute, manila hemp 

(abaca), bamboo, and natural rubber; 

and animal-based materials such as 

leather, wool, and lard. The approved 

international standards are ASTM 

D6691, ASTM D7881, and TUV Austria. 

* * * * * 

Non-entangling FAD means a FAD 

that does not include any netting 

materials for any part of the FAD 

including both the surface structure 

(e.g., raft) and subsurface structure (e.g., 

tail). 

* * * * * 

■ 3. Amend § 300.22 by adding 

paragraph (c)(5) to read as follows: 

§ 300.22 Recordkeeping and reporting 

requirements. 

* * * * * 

(c) * * * 

(5) Reporting on recovered FADs. U.S. 

vessel owners and operators must report 

information on FADs that are recovered 

for disposal or recycling to the IATTC, 

unless that information is already 

reported to the IATTC by an observer. 

This information must be reported using 

a format and address provided by the 

HMS Branch. The owner and operator 

must ensure that the form is submitted 

within 30 days of each recovery to the 

address specified by the HMS Branch. 

* * * * * 

■ 4. Amend § 300.24 by adding 

paragraphs (rr) and (ss) to read as 

follows: 

§ 300.24 Prohibitions. 

* * * * * 

(rr) Except for tuna purse seine 

vessels, when recovering FADs, 

performing maintenance and 

adjustments on deployed FADs, or 

deploying a FAD. 

(ss) Deploy or redeploy a FAD in the 

IATTC Convention Area that fails to 

comply with the FAD design 

requirements in § 300.28(g) and (h). 

■ 5. Amend § 300.28 by: 

■ a. Revising the heading to paragraph 

(f); 

■ b. Adding paragraph (f)(3); 

■ c. Revising paragraph (g); and 

■ d. Adding paragraph (h). 

The revisions and additions read as 

follows: 

§ 300.28 FAD restrictions. 

* * * * * 


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(f) Restrictions on FAD deployments, 

removals, and recovery. 

* * * * * 

(3) U.S. vessel owners and operators 

may recover FADs for final disposal or 

recycling. Recovery activities must be 

limited to the collection of FADs for 

final disposal or recycling and may not 

include any type of maintenance or 

adjustment on deployed FADs. 

(g) Non-entangling FAD materials. 

Beginning January 1, 2025, U.S. purse 

seine vessel owners and operators must 

ensure that the design and construction 

of any FAD to be deployed or 

redeployed (i.e., placed in the water) in 

the IATTC Convention Area uses only 

non-entangling FAD materials. 

(h) Biodegradable FAD materials. In 

addition to complying with the 

requirement to use non-entangling 

materials specified in paragraph (g) of 

this section, vessel owners and 

operators must ensure that the design 

and construction of any FAD to be 

deployed or redeployed in the IATTC 

Convention Area meets the following 

specifications: 

(1) Beginning January 1, 2026, all 

FADs deployed or redeployed in the 

IATTC Convention Area must be 

designed and constructed according to 

one of the following sets of 

specifications: 

(i) The surface part of the FAD must 

be made of fully biodegradable 

materials, except for flotation 

components (e.g., plastic buoys, foam, 

purse-seine corks), whereas the 

subsurface part of the FAD may contain 

non-biodegradable materials (e.g., 

synthetic raffia, metallic frame, plastic 

floats, nylon ropes); or 

(ii) The subsurface part of the FAD 

must be made of fully biodegradable 

materials, whereas the surface part and 

any flotation components (e.g., plastic 

buoys, foam, purse-seine corks) of the 

FAD may contain non-biodegradable 

materials (e.g., synthetic raffia, metallic 

frame, plastic floats, nylon ropes); or 

(iii) The surface part, except for 

flotation components (e.g., plastic 

buoys, foam, purse-seine corks), and 

subsurface part must be made of fully 

biodegradable materials. Nonbiodegradable materials, in particular 

nylon ropes, can be used exclusively to 

strengthen the structure of the floating 

or underwater component of the FAD. 

(2) Beginning January 1, 2029, all 

FADs deployed or redeployed in the 

IATTC Convention Area must be made 

of fully biodegradable materials, except 

for flotation components (e.g., plastic 

buoys, foam, purse seine corks), which 

may be made of non-biodegradable 

material. Non-biodegradable materials, 

in particular nylon ropes, can be used 

exclusively to strengthen the structure 

of the floating or underwater component 

of the FAD. 

(3) Restrictions on biodegradable FAD 

materials set forth in paragraphs (h)(1) 

and (2) of this section do not apply to 

satellite buoys that are attached to FADs 

in order to track them. 

[FR Doc. 2024–28466 Filed 12–5–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240405–0100; RTID 0648– 

XE509] 

Fisheries of the Northeastern United 

States; Mackerel, Squid, and Butterfish 

Fishery; 2024 Commercial Atlantic 

Mackerel Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing the 

commercial Atlantic mackerel fishery 

through December 31, 2024. This 

closure is required by regulation 

because NMFS projects that 80 percent 

of the mackerel domestic annual harvest 

is harvested. This action is necessary to 

comply with the regulations 

implementing the Mackerel, Squid, and 

Butterfish Fishery Management Plan 

and is intended to prevent overharvest 

of Atlantic mackerel. 

DATES: Effective 0001 hours (hr) local 

time, December 6, 2024, through 2400 

hr local time on December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Colette Tweeddale, Fishery 

Management Specialist, 978–281–9335. 

SUPPLEMENTARY INFORMATION: The 

procedures for setting initial annual 

specifications for the species managed 

under the Mackerel, Squid, and 

Butterfish Fishery Management Plan 

(FMP) are described at 50 CFR 648.22. 

The regulations at § 648.22(a)(3) require 

annual catch limits, commercial annual 

catch targets (including research setaside, domestic annual harvest (DAH), 

Tier 3 landings caps, and domestic 

annual processing), joint venture 

processing, total allowable levels of 

foreign fishing, and recreational annual 

catch targets (including research setaside) to be specified for the Atlantic 

mackerel fishery for a period of up to 3 

years. 

The Regional Administrator monitors 

mackerel fishery catch based on dealer 

reports and other available information. 

When the Regional Administrator 

projects that 80 percent of the DAH is 

harvested, the regulations at 

§ 648.24(b)(1)(i) require NMFS to close 

the commercial mackerel fishery in 

Federal waters for the remainder of the 

fishing year. The regulations at 

§ 648.26(a)(2)(i) state that while such a 

closure is in effect, vessels issued a Tier 

1, 2, or 3 limited access mackerel permit 

are prohibited from taking and 

retaining, possessing, or landing more 

than 10,000 lb (4.54 mt) of mackerel per 

trip at any time, and from landing 

mackerel more than once per calendar 

day. Additionally, the regulations at 

§ 648.26(a)(2)(ii) state that while such a 

closure is in effect, vessels issued an 

open access mackerel permit are 

prohibited from taking and retaining, 

possessing, or landing more than 2,500 

lb (1.13 mt) of mackerel per trip at any 

time, and from landing mackerel more 

than once per calendar day. The 

regulations at § 648.24(d) require that 

upon determining that a closure is 

necessary, NMFS must: Notify the 

Executive Directors of the relevant 

Fishery Management Councils; notify 

permit holders at least 72 hr before the 

effective date of the closure; provide 

adequate notice of the closure to 

recreational participants in the fishery; 

and publish notification of the closure 

in the Federal Register. 

Based on dealer reports and other 

available information, the Regional 

Administrator projects that 100.06 

percent of the mackerel DAH was 

harvested as of November 29, 2024. 

Therefore, effective 0001 local time on 

December 6, 2024, limited access 

mackerel vessels may not take and 

retain, possess, or land more than 

10,000 lb (4.54 mt) of mackerel per trip 

at any time, and may only land 

mackerel once per calendar day, 

through 2400 hr local time on December 

31, 2024. Limited access mackerel 

vessels that enter port before 0001 hr 

local time on December 6, 2024, may 

land and sell more than 10,000 lb (4.54 

mt) of mackerel from that trip, 

consistent with possession restrictions 

at § 648.26(a)(1)(i). Additionally, open 

access mackerel vessels may not take 

and retain, possess, or land more than 

2,500 lb (1.13 mt) of mackerel per trip 

at any time, and may only land 

mackerel once per calendar day, 

through 2400 hr local time on December 

31, 2024. Open access mackerel vessels 

that enter port before 0001 hr local time 

on December 6, 2024, may land and sell 

more than 2,500 lb (1.13 mt) of mackerel 


lotter on DSK11XQN23PROD with RULES1