Rule2024-28730
Fisheries of the Northeastern United States; Mackerel, Squid, and Butterfish Fishery; 2024 Commercial Atlantic Mackerel Fishery Closure
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
December 6, 2024
Effective
December 6, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 235 (Friday, December 6, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28730]
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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.
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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
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</html>Indexed from Federal Register on December 6, 2024.
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