[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 [www.gpo.gov]
[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 
[email protected]. 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: 
https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

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

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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: 
https://www.fisheries.noaa.gov/species/northeast-multispecies 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 https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2023-sectors 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
------------------------------------------------------------------------
                                                            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

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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: 
https://www.fisheries.noaa.gov/species/northeast-multispecies.
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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