```

[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Rules and Regulations]
[Pages 96910-96911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28730]

-----------------------------------------------------------------------

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 Sec.  648.22(a)(3) require annual catch 
limits, commercial annual catch targets (including research set-aside, 
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 set-aside) 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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

[[Page 96911]]

from that trip, consistent with possession restrictions at Sec.  
648.26(a)(1)(ii).
    Also, effective 0001 hr local time on December 6, 2024, through 
2400 hr local time on December 31, 2024, federally permitted dealers 
may not purchase more than 10,000 lb (4.54 mt) of mackerel from a 
limited access mackerel vessel unless the vessel enters port before 
0001 hr local time on December 6, 2024. Federally permitted dealers may 
not purchase more than 2,500 lb (1.13 mt) of mackerel from an open 
access mackerel vessel unless the vessel enters port before 0001 hr 
local time on December 6, 2024. The possession limits for the mackerel 
fishery will reset to the amounts outlined at Sec.  648.26(a)(1)(i) and 
(ii) on January 1, 2025.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior 
notice and the opportunity for public comment because it would be 
contrary to the public interest and impracticable. The mackerel fishery 
opened for the 2024 fishing year on January 1, 2024. Data and other 
information indicating that 100 percent of the 2024 mackerel DAH was 
harvested have only recently become available. Landings data are 
updated on a weekly basis, and NMFS monitors catch data on a daily 
basis as catch increases toward the limit. Further, high-volume catch 
and landings in this fishery increase total catch relative to the DAH 
quickly. Atlantic mackerel is currently being managed under a 
rebuilding plan, and exceeding the DAH may harm the stock's rebuilding 
progress. The regulations at Sec.  648.24(b)(1)(i) require NMFS to 
implement this action to ensure that mackerel vessels do not exceed the 
DAH. If implementation of this action is delayed to solicit prior 
public comment, the 2024 mackerel DAH may be exceeded, thereby 
undermining the conservation objectives of the FMP. Furthermore, the 
public had prior notice and full opportunity to comment on this process 
when these provisions were put in place. Based on these considerations, 
NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive 
the 30-day delayed effectiveness period for the reasons stated above.

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

    Dated: December 3, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-28730 Filed 12-3-24; 4:15 pm]
BILLING CODE 3510-22-P
```