Fisheries of the Northeastern United States; Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Removal of American Lobster Effort Control Measures
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Abstract
Following the Atlantic States Marine Fisheries Commission's (Commission) withdrawal of Lobster Conservation Management Area 2 and 3 ownership caps and Area 3 maximum trap cap reductions from its Interstate Fishery Management Plan for American Lobster (Lobster Plan), this action removes those requirements from Federal regulations and clarifies that all other measures included in the October 2, 2023, interim final rule (IFR) remain in effect. This action is intended to support the Commission's management of the lobster fishery and eliminate the potential for inconsistent State and Federal regulations that risk undermining management of the fishery and is necessary to ensure that fishery regulations for the lobster fishery in Federal waters remain compatible with the Lobster Plan and consistent with the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46825-46829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11453]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 697
[Docket No. 240520-0141]
RIN 0648-BM92
Fisheries of the Northeastern United States; Atlantic Coastal
Fisheries Cooperative Management Act Provisions; American Lobster
Fishery; Removal of American Lobster Effort Control Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Following the Atlantic States Marine Fisheries Commission's
(Commission) withdrawal of Lobster Conservation Management Area 2 and 3
ownership caps and Area 3 maximum trap cap reductions from its
Interstate Fishery Management Plan for American Lobster (Lobster Plan),
this action
[[Page 46826]]
removes those requirements from Federal regulations and clarifies that
all other measures included in the October 2, 2023, interim final rule
(IFR) remain in effect. This action is intended to support the
Commission's management of the lobster fishery and eliminate the
potential for inconsistent State and Federal regulations that risk
undermining management of the fishery and is necessary to ensure that
fishery regulations for the lobster fishery in Federal waters remain
compatible with the Lobster Plan and consistent with the Atlantic
Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
DATES: As of July 1, 2024, the revision to Sec. 697.19(c) and (m) in
amendatory instruction 6 of the IFR, 88 FR 67667, 67687-67679 (October
2, 2023), is withdrawn.
ADDRESSES: You may request copies of the supplemental information
report prepared for this action at: National Marine Fisheries Service,
55 Great Republic Drive, Gloucester, MA 01930-2276 or by calling (978)
281-9315. The supporting document is also accessible via the internet
at: <a href="https://www.fisheries.noaa.gov/about/greater-atlantic-regional-fisheries-office">https://www.fisheries.noaa.gov/about/greater-atlantic-regional-fisheries-office</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy
Analyst, (978) 281-9122.
SUPPLEMENTARY INFORMATION:
Background
Statutory Authority
These regulations modify Federal lobster fishery management
measures in the Exclusive Economic Zone (EEZ) under the authority of
section 803(b) of the Atlantic Coastal Act. This authority states that,
in the absence of an approved and implemented Fishery Management Plan
under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and, after consultation
with the appropriate fishery management council(s), the Secretary of
Commerce may implement regulations to govern fishing in the EEZ, from 3
to 200 nautical miles offshore. The regulations must be: (1) compatible
with the effective implementation of an Interstate Fishery Management
Plan developed by the Atlantic States Marine Fisheries Commission; and
(2) consistent with the National Standards set forth in section 301 of
the Magnuson-Stevens Act. See 16 U.S.C. 5103(b)(1)(A) (establishing
Secretary's authority to issue Federal regulations that are compatible
with a coastal management plan and consistent with Magnuson-Stevens Act
National Standards), 16 U.S.C. 1502(1) (defining ``coastal management
plan'').
Purpose and Need for Management
The purpose of this action is to manage the American lobster
fishery to maximize resource sustainability, recognizing that Federal
management occurs in concert with State management and compatibility
between State and Federal measures is crucial to the overall success of
American lobster management and required by the Atlantic Coastal Act.
NMFS indicated that the agency could make changes to the IFR measures
and requested comment on that possibility in the IFR, see 88 FR at
67669; see also 87 FR 41084 (July 11, 2022) (proposed rule requesting
comments on measures ultimately included in the IFR); 82 FR 52871
(November 15, 2017) (advance notice of proposed rulemaking (ANPR)
requesting comments on change to control date for trap limits in Areas
2 and 3); 79 FR 4319 (January 27, 2014) (ANPR establishing control date
and requesting comments). In light of public comments received and to
achieve the purpose of the Atlantic Coastal Act, we are withdrawing the
Area 2 and 3 ownership caps and Area 3 maximum trap cap reductions that
we implemented in the IFR.
Management Measures
Area 2 and 3 Measures
The IFR implemented ownership caps in Areas 2 and 3 and maximum
trap cap reductions in Area 3, effective May 1, 2025. These measures
complemented the Commission's Addenda XXI and XXII to Amendment 3 to
the Lobster Plan, both of which were approved by the Commission in
2013. The objective of these addenda was to scale the southern New
England lobster fishery to the diminished size of the resource by
addressing latent effort in the fishery and reducing trap limits in an
attempt to control harvest to allow for potential stock rebuilding. A
full description of those measures is included in the IFR and not
repeated here.
During the proposed rule (87 FR 41084, July 11, 2022) comment
period, we received several comments stating that our management
partners and industry needed additional time to understand these
measures, consider them in the current context of the fishery, and
provide adequate comment. We delayed implementation of the measures
until May 1, 2025, while we accepted additional public comments on
these measures as provided in the IFR, which indicated that we would
consider any additional comments received and would, if necessary and
appropriate, publish a subsequent rule to address any changes. See 88
FR at 67669.
On January 23, 2024, the Commission's Lobster Board withdrew its
prior recommendation for implementation of Area 2 and 3 ownership caps
and Area 3 maximum trap cap reductions, determining that these measures
are no longer relevant in the current context of the fishery. On
February 12, 2024, the Commission confirmed the decision of the Lobster
Board in a letter to NMFS, citing numerous ways in which the fishery in
these Areas has changed. The Commission noted that while the Addenda
that originally called for the Area 2 and 3 measures attempted to
prevent consolidation, the lag time between Commission approval and
NMFS implementation has allowed for consolidation to occur, removing
the need for these specific measures. In addition, the Commission
expressed concern that the implementation of these measures would
change how permits and traps will be bought and sold. The Commission
also explained the economics of the fishery in these areas and changing
operational needs of harvesters to maintain their businesses, citing
increased costs, loss of fishing grounds due to other ocean uses,
additional management measures on the American lobster fishery to
reduce the risk to North Atlantic right whales posed by the fishery,
and the evolution of the fishery in these areas from a lobster fishery
to a mixed-crustacean fishery targeting both lobsters and Jonah crabs.
The Atlantic Coastal Act provides that the Secretary ``may
implement regulations'' affecting fisheries also regulated by the
Commission if no fishery management plan exists pursuant to the
Magnuson-Stevens Act and the regulations are ``compatible with the
effective implementation of a coastal fishery management plan.'' 16
U.S.C. 5103(b)(1)(A). Removing the Area 2 and 3 measures ensures that
Federal regulations continue to complement the Commission's Lobster
Plan. Further, this action will minimize confusion between State and
Federal requirements. If we do not remove these Area 2 and 3 measures,
there would be inconsistent State and Federal lobster regulations,
potentially undermining management of the fishery.
Other Management Measures
The IFR also implemented mandatory electronic harvester reporting
requirements and corrections. This final
[[Page 46827]]
rule makes no changes to those measures, which have already become
effective.
Comments and Responses
As noted above, the IFR delayed implementation of certain measures
and solicited public comment on them. The comment period ended on
December 1, 2023. We received comments from 10 groups: The Atlantic
Offshore Lobstermen's Association (AOLA), the Animal Welfare Institute,
a group of environmental organizations, 6 members of the fishing
industry, and 1 member of the public. Only comments that were
applicable to the proposed measures are addressed below.
Comment 1: AOLA stated that the Area 3 maximum trap reductions are
inconsistent with the National Standards and are purely an economic
reallocation, which is specifically prohibited; that the analysis in
the environmental assessment did not rely on the best available
science; and that the economic analysis was insufficient because it did
not discuss impacts to crew, communities, shoreside employees, and
owners.
Response: The commenter's assertions are the same arguments made in
AOLA v. Raimondo, an active lawsuit in the Federal Court for the
District of New Hampshire. When developed, the IFR measures reflected
the best scientific information available and appropriate consideration
of economic and social impacts and was supported by the regulated
community, including AOLA. However, NOAA is withdrawing the relevant
measures because of changed circumstances in the fishery as articulated
by the public and the Commission and because the maintaining the
measures would create incompatibility between state and Federal
management of the fishery.
Comment 2: AOLA commented against the ownership caps and maximum
trap cap reductions, stating that it is unlikely that the level of
fishing necessary to harvest optimum yield could be maintained, as
these measures seem to encourage the downsizing of offshore vessels.
Response: The 2022 environmental assessment accompanying the IFR
noted that it was difficult to predict industry response to these
measures, specifically whether traps would be reduced or whether owners
would attempt to transfer traps in an attempt to recoup costs.
Likewise, it was difficult to assess how fishing practices would have
changed. NOAA is withdrawing the Area 2 and 3 IFR measures because of
changed circumstances in the fishery and the need for Federal
regulations to be compatible with the Commission's Lobster Plan as
discussed in the response to comment 1.
Comment 3: AOLA stated that there is no justification for the Area
3 measures, citing multiple reasons. First, the commenter asserted that
the majority of fishing effort in Area 3 is on the Gulf of Maine/
Georges Bank stock, not the southern New England stock that these
measures were intended to conserve. Second, the commenter cited
economic impacts, predicting loss in profits and the potential for
effort shifts. Third, the commenter discussed how Area 3 permit holders
have appropriately scaled their businesses for their trap allocations
and lack the ability to consolidate effort. Finally, the commenter
stated that they are not aware of any concerns from the fishing
industry about the existing level of consolidation in the fishery.
Response: As discussed above, NOAA is withdrawing the Area 3
measures because of changed circumstances in the fishery and the need
for Federal regulations to be compatible with the Commission's Lobster
Plan. On February 12, 2024, the Commission notified NOAA that the
lobster fishery's circumstances had changed and that it no longer
supported certain measures in the IFR. Accordingly, the purpose and
need for the involved Federal measures no longer exists and NOAA is
withdrawing those measures to avoid incompatibility with the Commission
Lobster Plan. See 16 U.S.C. 5103(b)(1)(A).
Comment 4: Environmental organizations indicated general support
for measures that reduce risk to protected species. These organizations
urged us to implement all possible measures as soon as possible and to
continue the development of on-demand (or ropeless) gear to minimize
risk from persistent vertical buoy lines.
Response: NOAA takes its responsibilities to protect North Atlantic
right whales seriously and has expended great effort and resources in
doing so. Recent or ongoing efforts include: (1) continued trial and
testing of on-demand gear, as facilitated by the approval of several
exempted fishing permits and the Northeast Fisheries Science Center's
on-demand gear library; (2) support of and participation on the New
England Fishery Management Council's On-Demand Gear Conflict Working
Group; (3) hosting various on-demand workshops in late 2023; and (4)
the February 7, 2024, final rule (89 FR 8333) to close portions of
Federal waters north of Cape Cod Bay to lobster fishing every year from
February 1 through April 30 to protect right whales on their way to and
from their feeding grounds in Cape Cod Bay. This February 7, 2024 final
rule is currently in litigation. Our whale protection efforts are
continuous and ongoing.
Comment 5: A group of environmental organizations indicated that
the maximum trap cap reductions will reduce trap fishing effort thus
benefiting both the lobster stock, by reducing the number of traps
fished, and whales, by reducing the number of associated fishing lines
in the water.
Response: The maximum trap cap reduction would have been unlikely
to reduce the number of traps fished due to the Area 3 trap allocation
and trap transfer program and the financial incentive for lobster
businesses to maximize profits by transferring (selling) unused trap
allocation. On March 27, 2003, we published a final rule (68 FR 14902)
that established a program to set the total number of Area 3 traps per
permit. On April 7, 2014, we published a final rule (79 FR 19015) that
established a trap transfer program, allowing lobster businesses to
transfer (sell) these allocated traps to other lobster businesses.
These allocated traps remain an asset of the lobster permit regardless
of the permit holder's ability to use any excess allocation created by
the lowering of the Area 3 trap cap. In such a trap cap adjustment,
there is economic incentive for a permit holder to transfer (sell) this
now unusable excess allocation to a lobster business that can use it
because their allocation is under the cap. Such a transfer would be
subject to a 10-percent conservation tax, which somewhat decreases the
overall Area 3 trap allocation with every transfer. Recent public
commentary and debate at the Lobster Board, however, suggested that
consolidation has already taken place in response to other management
measures. Consequently, the actual result of the maximum trap cap
reduction would be more of a redistribution than a reduction of trap
allocation and, as such, the reduction in traps being fished, and the
reduction of lines in the water, would have been expected to be
minimal. For more detail on this issue, please see NOAA's Environmental
Assessment, section 7.2.2, December 2022, as well as the Supplemental
Information Report, section 6.
Comment 6: A group of environmental organizations expressed
surprise that comments submitted at the proposed rule stage of this
rulemaking that referenced measures to reduce risk to North Atlantic
right whales implemented by a September 17, 2021,
[[Page 46828]]
final rule (86 FR 51970) were described as not relevant to the action.
Response: The purpose and need of the IFR was not to implement
whale protection measures but rather to complement lobster management
measures outlined in Addenda XXI, XXII, and XXVI to Amendment 3 to the
Lobster Plan (see Lobster EA, section 1.0 Executive Summary--Purpose
and Need (August 2022)). All of those Addenda pre-date the September
17, 2021, final rule (86 FR 51970), some by as much as eight years. As
such, the IFR did not implement protections for the North Atlantic
right whale pursuant to the Marine Mammal Protection Act. Instead, the
IFR was promulgated under the Atlantic Coastal Act, which mandates that
Federal lobster regulations be compatible with the Commission's Lobster
Plan and requires the withdrawal of the IFR that we are announcing
today.
Comment 7: Two environmental organizations supported the IFR,
requesting whale protection measures to be put into place as soon as
possible. One of the organizations indicated that industry has had
ample time to understand and come into compliance with these
requirements.
Response: Similar to comment 6, this comment conflates NOAA's whale
protection efforts and rulemakings with this rulemaking, which
implements the agency's responsibilities pursuant to the Atlantic
Coastal Act. The purpose of the IFR was to implement lobster management
measures outlined in Addenda XXI, XXII and XXVI. The Commission,
however, rescinded their request for us to implement these measures by
vote on January 23, 2024, and by letter to NOAA on February 12, 2024.
We are likewise rescinding the Federal regulations to ensure
compatibility with the Commission's Lobster Plan as required by the
Atlantic Coastal Act. Management measures for the purposes of reducing
the risk from lobster fishing on protected species are implemented
through other processes, as described in the response to comment 4.
Whether the affected industry had sufficient time to comply with this
action is moot, given that, for the reasons stated above, we are
removing these requirements.
Comment 8: One member of the fishing industry stated that the Gulf
of Maine/Georges Bank stock remains at high levels of abundance and not
in need of trap reductions. That industry member also stated that there
is no evidence that reducing fishing effort of the Gulf of Maine/
Georges Bank lobster stock will address the deterioration of the
southern New England lobster stock. Another member of the industry
stated that these measures are unnecessary, as juvenile and egg-bearing
female lobster are abundant on Georges Bank.
Response: The best available science from the 2020 benchmark stock
assessment indicates that the Gulf of Maine/Georges Bank stock remains
in favorable condition based on the reference points. The 2020
assessment concluded that the stock is not depleted and overfishing is
not occurring, though more recent information made available since both
the assessment and the publication of the interim final rule indicates
a decline in recruit abundance, triggering other management actions for
those fishing on the Gulf of Maine/Georges Bank stock. The decision
whether to apply Area 3 measures to all of Area 3 (i.e., harvesters
fishing on both the Gulf of Maine/Georges Bank and southern New England
lobster stocks), was debated and decided upon by the Lobster Board.
Draft Addendum XXI, released for public comment in May 2013, included
options for a southern New England permit designation, which would have
allowed for the trap reductions to only apply to harvesters fishing on
the southern New England stock. The Lobster Board did not select permit
designations as a final management measure, thus applying management
measures to the entirety of Area 3, including the portion of Area 3
that fishes on the Gulf of Maine/Georges Bank lobster stock. We
proposed and implemented these measures based on the Commission's
original request for complementary measures in Federal waters. Given
their more recent request to withdraw the measures, we are now acting
accordingly.
Comment 9: One member of the fishing industry contends that the
declines of the southern New England stock are being driven by climate
change, not overfishing or excessive fishing pressure, as supported by
the action's environmental assessment. Further, the member of the
fishing industry stated that we did not establish an adequate link
between fishing effort and stock depletion.
Response: The best available science suggests that environmental
factors are a significant factor in the decline of the southern New
England stock. The 2020 American Lobster Benchmark Stock Assessment
made major advances in considering the impact of changing environmental
conditions on lobster population dynamics. Environmental factors
contributed to the assessment's analysis of regime shifts and
associated thresholds by which stock health is now measured. While this
information was not directly discussed in the environmental assessment,
it was the foundation for stock status discussed in section 6.2.3 of
the environmental assessment. While not available to the Commission
during the development of Addenda XXI and XXII, a 2016 American Lobster
Technical Committee analysis suggests that, despite overfishing not
occurring, stabilization of the southern New England lobster stock was
only possible with a reduction in exploitation. This analysis thus
links fishing effort and recovery of the southern New England lobster
stock.
Comment 10: One member of the fishing industry stated that the
analysis included in the environmental assessment was out of date, as
it relied on the Atlantic States Marine Fisheries commission's 2009 and
2015 benchmark American lobster stock assessments.
Response: The environmental assessment accompanying the IFR made
reference to several recent benchmark American lobster stock
assessments. At the time the Commission considered and approved Addenda
XXI and XXII, the 2009 stock assessment was considered the best
available science. Since that time, the 2015 and 2020 assessments have
confirmed the continued downward trend in the southern New England
lobster stock. Section 6.2.3 of the environmental assessment
accompanying the IFR which discusses stock status, uses the best
available scientific information from the 2020 benchmark stock
assessment.
Comment 11: Five members of the fishing industry commented in
opposition to the Area 3 measures, citing changes to the fishery over
the last 10 years and financial issues. Two industry members stated
that these regulations will create inefficiencies for current fishery
participants, with one arguing that these measures would be detrimental
to owners with multiple vessels. A third industry member suggested
freezing the number of traps at current levels. Other commenters cited
the increased cost of fuel and bait, previous investments made to
maintain higher allocations following the 2016-2020 trap reductions,
and the difficulty of paying and retaining crew members.
Response: We agree with the commenters that imposing the IFR
measures could have had some negative impacts to Area 3 harvesters,
although we assessed them as slight in the short term when the IFR was
released. See 88 FR at 67674-67675. We acknowledge that each business
is different, thus impacts are not uniform, with some businesses
potentially being more affected by the measures than others. As
[[Page 46829]]
discussed in the response to comment 5, the environmental assessment
acknowledged that permit holders may respond to these measures
differently, by either selling off or redistributing traps. Following
requests during the proposed rule comment period, we provided
additional time for management partners and industry to understand
these measures, consider them in the current context of the fishery,
and provide additional comment. Comments by these and other commenters
and the recommendation from the Commission confirm that the fishery has
changed, and these measures no longer make sense, resulting in the
Commission's withdrawal of these measures. We are now withdrawing the
Area 3 measures because of changed circumstances in the fishery and the
need for Federal regulations to be compatible with the Commission's
Lobster Plan. As part of its recommendation to withdraw these measures,
the Commission stated that it also intends to evaluate potential
replacement measures. We intend to support the Commission during that
process.
Comment 12: One industry member and one fishery organization stated
that the economic impacts in the environmental assessment were
underestimated. In particular, the fishery organization questioned our
assumption of a 5-percent profit loss when the Area 3 maximum trap cap
reduction may affect up to 18 percent of Area 3 traps.
Response: Based on the input received from comments and the Lobster
Board and discussed in greater detail in response to comment 5,
consolidation at some level had already taken place. Additional input
received indicated that permit holders would be likely to sell traps
through the trap transfer program to recoup individual losses. At the
fishery level, nearly the same number of traps could be expected to be
fished, resulting in similar landings and, therefore, revenue for the
fishery overall. That said, as discussed in response to other comments
above, given the Commission's more recent request to withdraw the
measures, we are now rescinding the Federal regulations to ensure
compatibility with the Commission's Plan.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Atlantic Coastal Fisheries Cooperative
Management Act, applicable provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable law. The agency
finds public comment is unnecessary under the Administrative Procedure
Act. See 5 U.S.C. 553(b)(B). The Atlantic Coastal Act requires Federal
regulations to be ``compatible with the effective implementation of a
coastal fishery management plan,'' 16 U.S.C. 5103(b)(1)(A), and
following the Commission's modification of the Lobster Plan, the only
regulatory option to ensure the regulations are compatible with the
revised plan is to maintain the status quo, i.e., to withdraw the
relevant provisions of the IFR. If those provisions were to go into
effect, the result would be inconsistent management of State and
Federal waters, creating confusion for the regulated industry and
potential harm to the resource. Moreover, the public has had multiple
opportunities to comment on the relevant measures, see 88 FR at 67669
(IFR), 87 FR 41084 (proposed rule), 82 FR 52871 (ANPR), 79 FR 4319
(ANPR), and has done so.
This final rule has been determined to not be significant for
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared for
this action and described in the IFR. The FRFA incorporated the initial
regulatory flexibility analysis (IRFA), a summary of the significant
issues raised by the public comments in response to the IRFA and NMFS
responses to those comments, and a summary of the analyses completed to
support the action. The IRFA and FRFA analyzed the suite of measures
considered during this rulemaking, including actions that minimize
impacts to small entities. Therefore, the analysis included in the FRFA
remains valid. This final rule would remove some of the measures in the
IFR, and will, therefore, reduce the overall costs of this action.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, letters to permit holders that also serves as
this small entity compliance guide were prepared at both the interim
final rule and this final rule stage. Copies of these guide and this
rule are available upon request from the Greater Atlantic Regional
Office (see ADDRESSES), and the guide/permit holder bulletin will be
sent to all holders of lobster permits.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 697
Fisheries, Fishing.
Dated: May 20, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is amended
as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
0
1. The authority citation for part 697 continues to read as follows:
Authority: 16 U.S.C. 1501 et seq.
0
2. Effective July 1, 2024, NMFS withdraws amendatory instruction 6 of
the interim final rule published at 88 FR 67667, on October 2, 2023.
[FR Doc. 2024-11453 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.