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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100919-100920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29451]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 241210-0319; RTID 0648-XE309]

Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; 2025 Atlantic Deep-Sea Red Crab Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is finalizing specifications for the 2025 Atlantic deep-
sea red crab fishery, including an annual catch limit and total 
allowable landings limit. This action is necessary to fully implement 
previously projected allowable red crab harvest levels that will 
prevent overfishing and allow harvesting of optimum yield. This action 
is intended to establish the allowable 2025 harvest levels, consistent 
with the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP).

DATES: The final specifications for the 2025 Atlantic deep-sea red crab 
fishery are effective from March 1, 2025, through February 28, 2026.

FOR FURTHER INFORMATION CONTACT: Caroline Potter, Fishery Resource 
Management Specialist, (978) 281-9325.

SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is 
managed by the New England Fishery Management Council (Council). The 
Atlantic Deep-Sea Red Crab FMP includes a specification process that 
requires the Council to recommend an acceptable biological catch (ABC), 
an annual catch limit (ACL), and total allowable landings (TAL) every 4 
years. Collectively, these are the red crab specifications. Prior to 
the start of fishing year 2024, the Council recommended specifications 
for the 2024-2027 fishing years (table 1).

       Table 1--Council-Approved 2024-2027 Red Crab Specifications
------------------------------------------------------------------------
                                                     Millions of pounds
                                    Metric tons             (lb)
------------------------------------------------------------------------
Acceptable Biological Catch....              2,000                  4.41
Annual Catch Limit.............              2,000                  4.41
Total Allowable Landings.......              2,000                  4.41
------------------------------------------------------------------------

    On February 8, 2024, NMFS published a final rule implementing the 
Council-recommended specifications for the 2024 fishing year, effective 
through February 28, 2025, and projecting the fishery's specifications 
for 2025 through 2027 (89 FR 8557). At the end of each fishing year, we 
evaluate catch information and determine if the quota has been 
exceeded. If a quota is exceeded, the regulations at 50 CFR 648.262(b) 
require a pound-for-pound reduction in a subsequent fishing year. We 
have reviewed available 2023 and 2024 fishery information against the 
projected 2025 specifications. There have been no quota overages, nor 
is there any new biological information that would require altering the 
projected 2025 specifications published in 2024. Based on this 
information, we are finalizing specifications for fishing year 2025, as 
projected in the 2024 specifications rule, and outlined above in table 
1. These specifications are not expected to result in overfishing and 
adequately account for scientific uncertainty. NMFS will provide notice 
of the final 2026-2027 specifications, and any necessary reductions, 
prior to the start of each respective fishing year.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act (MSA), which authorizes the Secretary to implement 
management measures necessary to carry out an approved fishery 
management plan. Red crab specifications are implemented pursuant to 
the regulations at 50 CFR 648.260 that were approved and implemented by 
NMFS in Amendment 3 to the FMP (76 FR 60379; September 29, 2011). The 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Atlantic Deep-Sea Red Crab FMP, the 2024-2027 
Atlantic Deep-Sea Red Crab specifications, and other applicable law.
    This final rule is exempt from review under Executive Order (E.O.) 
12866.
    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

[[Page 100920]]

the distribution of power and responsibilities between the Federal 
Government and Indian Tribes; therefore, consultation with Tribal 
officials under E.O. 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 E.O. 13175 is not required and has not been prepared.
    Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior 
public notice and opportunity for public comment on the catch limit and 
allocation adjustments, because allowing time for notice and comment 
would be contrary to the public interest. The proposed rule for the 
2024-2027 specifications, pursuant to the process described in the red 
crab regulations (Sec.  648.260), provided the public with the 
opportunity to comment on the specifications, including the projected 
2025 through 2027 specifications (88 FR 83893, December 1, 2023). We 
received no comments on the proposed rule announcing the projected 
2025-2027 specifications and this final rule contains no changes from 
the projected 2025 specifications that were included in both the 
December 1, 2023, proposed rule and the February 8, 2024, final rule 
(89 FR 8557). Through both the proposed rule for the 2024-2027 
specifications and the final rule for the 2024 specifications, we 
alerted the public that we would conduct a review of the latest 
available catch information in each of the interim years of the multi-
year specifications and announce the final quota prior to the March 1 
start of the fishing year. Thus, the proposed and final rules that 
contained the projected 2025-2027 specifications provided a full 
opportunity for the public to comment on the substance and process of 
this action.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that the 2024-2027 red crab 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing the 2025 
specifications will not change the conclusions drawn in that previous 
certification to the SBA. No comments were received regarding this 
prior certification. As a result, no new regulatory flexibility 
analysis is required and none has been prepared.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.).

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

    Dated: December 10, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-29451 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-22-P
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