Rule2024-07296
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Allocation of 2024 Northeast Multispecies Annual Catch Entitlements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2024
Effective
May 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule allocates Northeast multispecies annual catch entitlements to approved groundfish sectors and permit banks for fishing year 2024 based on 2024 annual catch limits set in Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan or default specifications. This action is intended to allow limited access permit holders to continue to operate sectors, as authorized under the Northeast Multispecies Fishery Management Plan.
Full Text
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<title>Federal Register, Volume 89 Issue 67 (Friday, April 5, 2024)</title>
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[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23941-23949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07296]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240401-0094; RTID 0648-XD513]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Allocation of 2024
Northeast Multispecies Annual Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule allocates Northeast multispecies annual catch
entitlements to approved groundfish sectors and permit banks for
fishing year 2024 based on 2024 annual catch limits set in Framework
Adjustment 65 to the Northeast Multispecies Fishery Management Plan or
default specifications. This action is intended to allow limited access
permit holders to continue to operate sectors, as authorized under the
Northeast Multispecies Fishery Management Plan.
DATES: Northeast multispecies annual catch entitlements for sectors are
effective May 1, 2024, through April 30, 2025. Default catch limits are
effective May 1, 2024, through October 31, 2024, or until the final
rule for Framework Adjustment (Framework) 66 is implemented, if that
final rule is implemented prior to October 31, 2024. If Framework 66 is
not implemented on or before October 31, 2024, sectors would be
prohibited from fishing in the stock areas of stocks with expired
default specifications beginning November 1, 2024.
ADDRESSES: Copies of each sector's operations plan and contracts from
fishing years 2023-2024; the Sector Operations Plan, Contract, and
Environmental Assessment Requirements guidance document for fishing
years 2023-2024, as well as the programmatic environmental assessment
for sector operations in fishing years 2015 to 2020 and a supplemental
information report analyzing sector operations for fishing years 2023
and 2024; and other supporting documents are available from the NMFS
Greater Atlantic Regional Fisheries Office (GARFO). Copies of
supporting documents are available from: Claire Fitz-Gerald at
<a href="/cdn-cgi/l/email-protection#0c4f606d657e69224a657876214b697e6d60684c62636d6d226b637a"><span class="__cf_email__" data-cfemail="01426d606873642f4768757b2c466473606d65416f6e60602f666e77">[email protected]</span></a>. These documents are also accessible via
the GARFO website. These documents and the Federal Register documents
referenced in this rule are also accessible via the internet at:
<a href="https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan">https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan</a>.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Policy
Analyst, (978) 281-9255.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
sector as ``a group of persons holding limited access Northeast
multispecies permits who have voluntarily entered into a contract and
agree to certain fishing restrictions for a specified period of time,
and which has been granted a [total allowable catch] TAC(s) [sic] in
order to achieve objectives consistent with applicable FMP goals and
objectives.'' (50 CFR 648.2 ``Sector'') A sector must be comprised of
at least three Northeast multispecies permits issued to at least three
different persons, none of whom have any common ownership interest in
the permits, vessels, or businesses associated with the permits issued
to the other two or more persons in that sector. As long as at least
three persons issued a Northeast multispecies permit meet these
requirements, permit owners may have common ownership interests in
other permits, vessels, or businesses associated with such permits.
Sectors are self-selecting, meaning participation is voluntary, and
each sector can choose its members.
The Northeast multispecies sector management system includes an
annual allocation of available catch for a portion of the Northeast
multispecies stocks to each approved sector. These annual sector
allocations are known as annual catch entitlements (ACE) and are based
on the collective fishing history of the permits held by a sector's
members. Sectors may receive allocations of large-mesh Northeast
multispecies stocks with the exception of Atlantic halibut, windowpane
flounder, Atlantic wolffish, and ocean pout, which are non-allocated
species managed under separate effort controls. ACEs are portions of a
stock's annual catch limit (ACL) available to commercial Northeast
multispecies vessels. A sector determines how to harvest its ACE.
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several universal exemptions from
the FMP's effort controls. These universal
[[Page 23942]]
exemptions apply to: Trip limits on allocated stocks; portions of the
Gulf of Maine (GOM) Cod Protection Closures; Northeast multispecies
days-at-sea (DAS) restrictions; the requirement to use a 6.5-inch
(16.5-centimeter (cm)) mesh codend when fishing with selective gear on
Georges Bank (GB); and the minimum codend mesh size restrictions for
trawl gear when fishing in compliance with the provisions of the
Redfish Exemption Program. The FMP allows the Council to add universal
exemptions using the framework adjustment procedure. Sectors may
request additional exemptions annually as part of their sector
operations plans to increase flexibility and fishing opportunities. The
FMP prohibits sectors from requesting exemptions from permitting
restrictions, gear restrictions designed to minimize habitat impacts,
and most reporting requirements.
In addition to the sectors, there are several state-operated permit
banks that each receive an allocation based on the fishing history of
permits they hold. The final rule implementing Amendment 17 to the FMP
(77 FR 16942; March 23, 2012) allowed a state-operated permit bank to
receive an allocation without needing to comply with sector
administrative and procedural requirements. Instead, permit banks are
required to submit a list of permits to NMFS, as specified in the
permit bank's Memorandum of Agreement between NMFS and the state, to
determine the ACE allocated to the permit bank. These allocations may
be leased to fishermen enrolled in sectors. State-operated permit banks
are no longer approved through the sector approval process, but current
state-operated permit banks contribute to the total allocation under
the sector system.
NMFS previously approved 15 sectors to operate in fishing years
2023 and 2024, and also approved 18 requested exemptions for sectors
(88 FR 26502; May 1, 2023). Copies of the operations plans and
contracts from fishing years 2023-2024, the Sector Operations Plan,
Contract, and the Environmental Assessment Requirements guidance
document for fishing years 2023-2024, the programmatic environmental
assessment (PEA), and other supporting documents are available at:
<a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a> and from
NMFS (see ADDRESSES). NMFS previously prepared a supplemental
information report analyzing sector operations for fishing years 2023
and 2024, which determined that the potential impacts to the fishery
from the measures described above fall within the scope of the PEA
developed in support of sector operations for fishing years 2015
through 2020. This report is available at <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2023-sectors">https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2023-sectors</a> and from NMFS (see ADDRESSES). This final
rule allocates 2024 ACE to the approved sectors and permit banks based
on preliminary fishing year 2024 rosters and the fishing year 2024
catch limits set in Framework 65 (88 FR 56527; August 18, 2023) to the
FMP or default specifications.
Operations Plan Submissions and Changes
Annually, NMFS solicits operations plan submissions for
consideration and approval. Prior to the 2023 fishing year, NMFS
received 15 sector operations plans, all of which were approved for
fishing years 2023 and 2024 (88 FR 26502; May 1, 2023). These approved
sectors are not required to resubmit operations plans for 2024. NMFS
did not receive any new operations plans for approval for fishing year
2024. In addition, sectors may request changes to approved operations
plans as needed to implement changes to their operations. NMFS did not
receive any submissions for substantive changes to approved operations
plans for fishing year 2024.
Catch Limits for Fishing Year 2024
Previously Established Catch Limits
Last year, Framework 65 (88 FR 56527; August 18, 2023) set catch
limits for 16 groundfish stocks: GB haddock, GOM haddock, Southern New
England/Mid-Atlantic (SNE/MA) yellowtail flounder, Cape Cod (CC)/GOM
yellowtail flounder, American plaice, witch flounder, GB winter
flounder, GOM winter flounder, SNE/MA winter flounder, pollock, ocean
pout, Atlantic halibut, and Atlantic wolffish for fishing years 2023-
2025; GB cod and GB yellowtail flounder for fishing years 2023-2024;
and white hake for fishing year 2023. Framework 66 will set catch
limits for 8 groundfish stocks: Acadian redfish, northern windowpane
flounder, and southern windowpane flounder for fishing years 2024-2026;
and GB cod, GB haddock, GOM haddock, GB yellowtail flounder, and white
hake for fishing years 2024-2025. However, Framework 66 may not be in
place by May 1, 2024, the start of the fishing year. To prevent
disruption to the groundfish fishery while Framework 66 is finalized,
this final rule announces default catch limits that will be in effect
for Acadian redfish, northern windowpane flounder, southern windowpane
flounder, and white hake until October 31, 2024, or until Framework 66
is finalized and goes into effect.
As a result, the sector and common pool allocations in this rule
are based on the 2024 catch limits set in Framework 65 or default catch
limits that will be effective on May 1, 2024, and preliminary 2024
fishing year rosters (table 1). If NMFS approves Framework 66, the 2024
catch limits for 8 (out of 20) groundfish stocks announced in this rule
will be changed and published when Framework 66 measures become
effective.
Default Catch Limits
This rule announces default fishing year 2024 catch limits for
Acadian redfish, northern windowpane flounder, southern windowpane
flounder, and white hake (table 1). These stocks do not already have a
catch limit in place for fishing year 2024. The groundfish regulations
implement default catch limits for any stock for which final
specifications are not in place by the beginning of the fishing year on
May 1. The FMP's default specifications provision in the regulations at
50 CFR 648.90(a)(3) sets catch limits at 75 percent of the previous
year's (2023) catch limits, except in instances where the default catch
limit would exceed the Council's recommendation for the final
specifications. The default catch limits are effective from May 1
through October 31, or until the final rule for Framework 66 is
implemented if that final rule is implemented prior to October 31.
These default specifications are set out in the regulations to minimize
impacts on the fishery that would occur if no catch limits are
specified. If Framework 66 is not implemented on or before October 31,
all fishing for these stocks would be prohibited beginning November 1.
The prohibition would remain in effect for the remainder of the fishing
year, unless and until the catch limits in Framework 66 are
implemented. This includes redfish, white hake, northern windowpane
flounder, and southern windowpane flounder stocks.
[[Page 23943]]
Table 1--Northeast Multispecies Catch Limits for 2024
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Commercial
Stock Total U.S. ABC groundfish sub-
(mt) ACL (mt)
------------------------------------------------------------------------
GB Cod *.............................. 519 374.9
GOM Cod *............................. 551 278.1
GB Haddock *.......................... 11,638 10,834.9
GOM Haddock *......................... 2,038 1,209.2
GB Yellowtail Flounder *.............. 106 84.3
SNE/MA Yellowtail Flounder *.......... 40 33.4
CC/GOM Yellowtail Flounder *.......... 992 876.4
American Plaice *..................... 5,520 5,191.6
Witch Flounder *...................... 1,256 1,145.5
GB Winter Flounder *.................. 1,549 1,487.5
GOM Winter Flounder *................. 804 607.2
SNE/MA Winter Flounder *.............. 627 440.8
Redfish ............................. 7,475 7,101.5
White Hake .......................... 1,384 1,369.2
Pollock............................... 13,940 12,183.6
N Windowpane Flounder ............... 120 78.7
S Windowpane Flounder ............... 288 33.5
Ocean Pout *.......................... 87 49
Atlantic Halibut *.................... 86 64.1
Atlantic Wolffish *................... 93 86.5
------------------------------------------------------------------------
* These catch limits are based on Framework 65.
These catch limits are based on default specifications and will be
replaced when the final rule for Framework 66 becomes effective, if
approved. If Framework 66 is not implemented on or before October 31,
all fishing for these stocks would be prohibited beginning November 1.
Sector Allocations for Fishing Year 2024
This rule allocates ACE to sectors and permit banks based on the
preliminary fishing year 2024 sector rosters and the 2024 catch limits
established in Framework 65 or default specifications. Any permits that
change ownership after the enrollment deadline established by the
Regional Administrator (March 13, 2024) retain the ability to join a
sector through April 30, 2024. All permit holders who have joined a
sector for fishing year 2024 have until April 30, 2024, to withdraw and
instead elect to fish in the common pool, although sectors may specify
a more restrictive withdrawal date for their members. As a result, the
total permits enrolled in sectors for fishing year 2024 could change
from the preliminary rosters, although such changes are expected to be
minimal based on past fishing years.
NMFS calculates the sector's allocation for each stock by summing
its members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 2 shows the preliminary projected total PSC for
each sector, by stock, for fishing year 2024 based on preliminary 2024
rosters. Tables 3 and 4 show estimates of the preliminary allocations
that each sector will be allocated, in pounds and metric tons,
respectively, for fishing year 2024, based on their preliminary fishing
year 2024 rosters and the 2024 catch limits established in Framework 65
or default specifications. As soon as practicable after the start of
the 2024 fishing year, final allocations to the nearest pound are
provided directly to each sector based on their final May 1 rosters.
NMFS uses these final allocations, along with later adjustments,
including ACE transfers, reductions for overages, or increases for
carryover from fishing year 2023, to monitor sector catch. The common
pool collectively may harvest an amount of a particular stock equal to
the common pool sub-ACL, which is a portion of the commercial
groundfish quota for that stock. The common pool sub-ACLs are also
included tables 3 and 4. The common pool sub-ACLs are managed
separately from sectors and do not contribute to available ACE for
leasing or harvest by sector vessels. The preliminary common pool sub-
ACLs are included in tables 2 through 4 for comparison.
Instead of assigning separate PSCs for the eastern GB cod or
eastern GB haddock, a PSC is assigned to each permit for the GB cod
stock and GB haddock stock. Each sector's GB cod and GB haddock
allocations are then divided into an eastern ACE and a western ACE,
based on each sector's percentage of the GB cod and GB haddock ACLs.
For example, if a sector is allocated 4 percent of the GB cod ACL, the
sector is allocated 4 percent of the commercial eastern GB cod TAC as
its eastern GB cod. The eastern GB haddock allocations are determined
in the same way. These amounts are then subtracted from the sector's
overall GB cod and haddock allocations to determine its western GB cod
and haddock ACEs. A sector may only harvest its eastern GB cod and
haddock ACEs in the Eastern U.S./Canada Area. A sector may also
``convert,'' or transfer, its eastern GB cod or haddock allocation into
western GB allocation and harvest that converted ACE outside the
eastern GB geographic area.
Each sector is required to ensure that it does not exceed its ACE
during the fishing year. Sector vessels are required to retain all
legal-sized allocated Northeast multispecies stocks, unless a sector is
granted an exemption allowing its member vessels to discard legal-sized
unmarketable fish at sea. Catch (defined as landings and discards) of
all allocated Northeast multispecies stocks by a sector's vessels
counts against the sector's allocation. Groundfish catch from a sector
trip targeting non-groundfish species will be deducted from the
sector's ACE because these are groundfish trips using gear capable of
catching groundfish. Catch from a non-sector trip in an exempted
fishery does not count against a sector's allocation and is assigned to
a separate ACL sub-component to account for any groundfish bycatch that
occurs in non-groundfish fisheries.
NMFS expects final 2023 catch information for sectors to be ready
in summer 2024. To reduce or eliminate
[[Page 23944]]
any fishing year 2023 overages, NMFS will allow sectors to trade
fishing year 2023 ACE for 2 weeks after completion of the year-end
catch accounting. If necessary, NMFS will reduce any sector's fishing
year 2024 allocation to account for a remaining overage in fishing year
2023. Each year, NMFS notifies the Council and sector managers of this
deadline in writing and announces its final ACE determination at:
<a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a>.
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Sector Operations Plans and Contracts
Fifteen sectors are approved to operate in fishing year 2024 (88 FR
26502; May 1, 2023). NMFS did not receive any new sector operations
plans or substantive updates to existing operations plans for fishing
year 2024. All 15 approved sectors were active in fishing year 2023.
Approved operations plans contain the rules under which each sector
will fish, and also provide the legal contract that binds each member
to the sector for the length of the sector's operations plan. Each
sector's operations plan, and each sector's members, must comply with
the regulations governing sectors, found at 50 CFR 648.87. In addition,
each sector must conduct fishing activities as detailed in its approved
operations plan.
Participating vessels are required to comply with all pertinent
Federal fishing regulations, except as specifically exempted in the
letter of authorization (LOA) issued by the Regional Administrator,
which details any approved sector exemptions from the regulations. If,
during the fishing year, a sector requests an exemption that NMFS
already granted, or proposes a change to administrative provisions,
NMFS may amend that sector's operations plan. Should any such
amendments require modifications to LOAs, NMFS will include these
changes in updated LOAs and provide them to the appropriate sectors.
NMFS may revoke exemptions in-season if: it determines that the
exemption jeopardizes management measures, FMP objectives, or
rebuilding efforts; the exemption results in unforeseen negative
impacts on other managed fish stocks, habitat, or protected resources;
the exemption causes enforcement concerns; catch from trips using the
exemption cannot be adequately monitored; or a sector is not meeting
certain administrative or operational requirements. If it becomes
necessary to revoke an exemption, NMFS will do so through a process
consistent with the existing regulations or in a separate rulemaking
action, as appropriate.
Sector Monitoring Programs
Sectors are responsible for developing and implementing a
monitoring program that must be: (1) approved by NMFS as both
sufficient to monitor catch, discards, and use of ACE; and (2)
consistent with the FMP's goals and objectives for the sector
monitoring program.
For fishing year 2024, sector vessels may choose to use at-sea
monitoring (ASM) or the audit model electronic monitoring (EM) program
to meet monitoring requirements, provided that the sector has a
corresponding monitoring program approved as part of its operations
plan. At the January 2024 meeting of the New England Fishery Management
Council, NMFS announced the suspension of the maximized retention EM
(MREM) program for fishing year 2024 due to the exceedingly high
administrative cost per vessel of managing the program given its
extraordinarily low participation rate. NMFS intends to revisit this
decision for fishing year 2025 and may decide to operate MREM in 2025.
On February 20, 2024, NMFS announced a preliminary ASM coverage target
of 100 percent of all sector groundfish trips for the 2024 fishing
year. The preliminary coverage level was announced to facilitate
preparations by industry members and monitoring companies ahead of the
2024 fishing year. In order to develop the 2024 ASM spend plan, NMFS is
currently evaluating whether the preliminary coverage level target can
be met given the level of 2024 appropriations funding for reimbursing
sectors for the cost of monitoring. The final ASM coverage level will
be announced when Congress approves the 2024 ASM spend plan. Vessels
that choose to use ASM to meet monitoring requirements will be assigned
monitors based on the target coverage level set for all sector
groundfish trips. Vessels that choose to use EM to meet monitoring
coverage requirements must use cameras and adhere to catch handling
protocols as described in their vessel monitoring plans for all
groundfish trips.
Only a subset of the submitted trips will be selected for review to
monitor groundfish discards for catch accounting. A subset of the
selected EM trips will also undergo review by NMFS to monitor the
third-party service provider's performance. The vessel owner or
operator and the third-party service provider must provide the EM data
for any given trip to NMFS, and its authorized officers and designees,
upon request including, but not limited to, trips selected for NMFS
review. For fishing year 2024, each audit model vessel's EM video
footage review rate will be calculated individually based on that
vessel's performance during the fishing year. The minimum possible EM
video footage review rate will be 35 percent of sector trips for audit
model vessels. Vessels that are new to EM will have a 50-percent video
footage review rate in 2024 to allow more opportunities for feedback on
their catch handling and reporting performance.
All sectors that harvest fish included an ASM plan as part of their
approved operations plans. Sectors that operate only as permit banks,
and explicitly prohibit fishing in their operations plans, are not
required to include provisions for an ASM program. Nine sectors use the
NMFS-designed ASM program, and four sectors use a sector-designed ASM
program, previously approved by NMFS. Thirteen sectors also included an
EM plan as part of their approved operations plans. All of these
sectors included the NMFS-designed audit model EM program in their
operations plans. Eleven of these sectors also included the NMFS-
designed maximized retention EM program in their operations plans. The
MREM program will remain in these approved sector operations plans.
However, as explained above, NMFS will not operate MREM in fishing year
2024 and, as such, will not approve vessel-specific monitoring plans to
enroll in the MREM program.
Approved Exemptions Granted for Fishing Years 2024
NMFS previously granted exemptions from the following requirements
for fishing years 2023 and 2024 (88 FR 26502; May 1, 2023), all of
which were also requested and granted in previous years:
(1) 120-day block out of the fishery required for Day gillnet
vessels;
(2) 20-day spawning block out of the fishery required for all
vessels;
(3) Limits on the number of gillnets for Day gillnet vessels
outside the GOM;
(4) Prohibition on a vessel hauling another vessel's gillnet gear;
(5) Limits on the number of gillnets that may be hauled on GB when
fishing under a Northeast multispecies/monkfish DAS;
(6) Limits on the number of hooks that may be fished;
(7) DAS Leasing Program length and horsepower restrictions;
(8) Prohibition on discarding;
(9) Gear requirements in the Eastern U.S./Canada Management Area;
(10) Prohibition on a vessel hauling another vessel's hook gear;
(11) The requirement to declare an intent to fish in the Eastern
U.S./Canada Special Access Program (SAP) and the Closed Area (CA) II
Yellowtail Flounder/Haddock SAP prior to leaving the dock;
(12) Seasonal restrictions for the Eastern U.S./Canada Haddock SAP;
(13) Seasonal restrictions for the CA II Yellowtail Flounder/
Haddock SAP;
(14) Sampling exemption;
[[Page 23949]]
(15) Prohibition on combining small-mesh exempted fishery and
sector trips in SNE;
(16) Extra-large mesh requirement to target dogfish on trips
excluded from ASM in SNE and Inshore GB;
(17) Requirement that Handgear A vessels carry a Vessel Monitoring
System unit when fishing in a single broad stock area; and
(18) Limits on the number of gillnets for Day gillnet vessels in
the GOM.
Exemption Requests in Fishing Year 2024
For fishing year 2024, sectors did not request any novel
exemptions.
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act because this action is necessary to carry out the Northeast
Multispecies FMP in accordance with the FMP's implementing regulations.
The NMFS Assistant Administrator has determined that this rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries finds good cause to waive prior public notice and an
opportunity for public comment, because allowing time for notice and
comment is impracticable, unnecessary, and contrary to the public
interest. The allocations in this action are required by regulations
that prescribe how they are determined. The public had a prior
opportunity to comment on this process and the formula used for its
calculation during the development of the rules implementing the
Northeast Multispecies FMP and subsequent amendments and framework
adjustments. Thus, in accordance with the existing regulations, NMFS
calculates a sector's allocation for each stock by summing its members'
PSC for a stock and then multiplying that total percentage by the
available commercial sub-ACL for that stock. Thus, the ACE allocations
are based on long-established fishing histories and are formulaic,
administrative, and involve no exercise of discretion.
NMFS finds, pursuant to 5 U.S.C. 553(d)(3), that there is good
cause to waive the 30-day delay in the date of effectiveness for this
final rule. This action allocates ACE to groundfish sectors in the
Northeast multispecies fishery for fishing year 2024. Sectors are
prohibited from fishing without ACE allocations; as such, timely
implementation is necessary to ensure that sectors may fish at the
start of the 2024 fishing year on May 1, 2024. If sectors were
prohibited from fishing while waiting for the rule to take effect,
there would be significant disruption to the fishery along with
negative economic impacts, thus undermining the intent of the rule. The
allocation of ACE to groundfish sectors occurs annually. Industry
members and other stakeholders are aware of and familiar with these
proceedings and expect them to occur in a timely manner.
This final rule is exempt from review under Executive Order 12866
because it contains no implementing regulations.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Because prior notice and the opportunity for public comment are not
required for this action by the Administrative Procedure Act (5 U.S.C.
551 et seq.), or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
Therefore, no final regulatory flexibility analysis is required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 2, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-07296 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-22-P
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