This final rule is issued pursuant to Executive Order (E.O.) 14217 “Commencing the Reduction of the Federal Bureaucracy” (90 FR 10577, February 25, 2025), which directed the Director of the OPM to “initiate the process to withdraw the regulations at title 5, part 960, Code of Federal Regulations, thereby eliminating the Federal Executive Boards.” This action is taken under the authority vested in the President by the Constitution and the laws of the United States of America, including 5 United States Code (U.S.C.) 301 and 3 U.S.C. 301.

The Federal Executive Boards (FEBs) were established by President John F. Kennedy to increase the effectiveness and economy of Federal agencies by coordinating Government activities outside of the Washington, DC area. Memorandum on the Need for Greater Coordination of Regional and Field Activities of the Government—November 14, 1961, 1961 Pub. Papers 717 (1961) (“1961 PM”). The original establishment of FEBs was not mandated by statute but was undertaken solely through executive action by the President. The President transferred authority for the FEBs to OPM in 1982, and OPM promulgated the part 960 regulations under which the FEBs “are organized and function.” (49 FR 34193, Aug. 29, 1984). E.O. 14217 revoked the 1961 PM and directed this regulatory action. Just as the creation of the FEBs was consistent with the President's authority to organize the executive branch as recognized in title 5 of the U.S.C., similarly the elimination of the FEBs falls within executive discretion.

As directed by E.O. 14217, all FEBs have ceased operations. All property, records, and unexpended funds associated with FEBs have been returned to their originating agencies or disposed of and archived by OPM according to applicable Federal property management regulations. Personnel formerly assigned to FEBs are being notified of reduction in force (RIF) procedures or reassigned, in accordance with applicable law, regulation and policy. Essential coordination functions previously performed by FEBs have been reassigned to appropriate Federal agencies as determined by OPM and agency heads.

This final rule removes the regulations governing FEBs at 5 CFR part 960, which were issued pursuant to the authority of the 1961 PM (49 FR 34193). Because E.O. 14217 revoked the 1961 PM, the authority under which OPM implemented part 960 has been eliminated. In accordance with the E.O., immediate action was taken to disband the FEBs and implement a RIF for associated personnel prior to this regulatory action. This final rule removes the obsolete regulations from the Code of Federal Regulations.

The elimination of FEBs will reduce administrative overhead by eliminating a bureaucratic organization the President has determined is unnecessary. OPM anticipates that savings to the Government will outweigh any costs associated with the transition.

Pursuant to 5 U.S.C. 553(b)(B), OPM finds that there is good cause to issue this final rule without prior notice and comment. In E.O. 14217, the President mandated the immediate elimination of FEBs, which has already been implemented. This final rule merely codifies actions already taken under direct Presidential authority and specific Presidential direction. OPM lacks any discretion in this rulemaking action. In addition, OPM now lacks authority for the part 960 regulations. No amount of public input could give OPM the authority to reconstitute the FEBs under a presidential memorandum that has been rescinded and ceased to have any effect. Therefore, notice and public comment procedures are unnecessary.

Similarly, pursuant to 5 U.S.C. 553(d)(3), OPM finds that there is good cause to make this final rule effective immediately upon publication. This final rule codifies actions already taken under direct Presidential authority and removes obsolete regulations that have no legal effect. Removing the regulations immediately provides transparency and may reduce confusion as the FEBs have already been eliminated pursuant to E.O. 14217. Further, a delayed effective date serves no practical purpose here since no adjustment period is needed for any regulated party to come into or otherwise prepare for compliance.

OPM has examined the impact of this rule as required by E.O.s 12866 and 13563, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for rules with effects of $100 million or more in any one year. This rulemaking does not reach that threshold but has otherwise been designated as a “significant regulatory action” under section 3(f) of E.O. 12866, as supplemented by E.O. 13563. This action is considered an E.O. 14192 deregulatory action.

The Director of the OPM certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities because the rule will apply only to Federal agencies and employees.

This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 13132, the Director of the OPM certifies that this rulemaking does not have sufficient federalism implications to warrant preparation of a Federalism Assessment.

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits before issuing any rule that would impose spending costs on State, local, or Tribal governments in the aggregate, or on the private sector, in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold is currently approximately $206 million. This rulemaking will not result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, in excess of the threshold. Thus, no written assessment of unfunded mandates is required.

This rulemaking does not impose any reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).

With this document we are also seeking information on whether: (1) There are any circumstances under which small commercial passenger aircraft (those with 64 or fewer seats) can be considered to have lower sanitary and phytosanitary risk than larger commercial passenger aircraft under similar conditions; (2) if those small commercial passenger aircraft merit reduced agricultural quarantine and inspection user fees as a result of that lower risk, and (3) whether the user fee could be structured differently, in a manner commensurate with the services being provided, along with evidence to support any alternate user fee structures.

Section 2509(a) of the Food, Agriculture, Conservation, and Trade (FACT) Act of 1990 (21 U.S.C. 136a) authorizes the Animal and Plant Health Inspection Service (APHIS) to prescribe and collect user fees for agricultural quarantine and inspection (AQI) services. Congress amended the FACT Act on April 4, 1996, and May 13, 2002.

The FACT Act, as amended, authorizes APHIS to prescribe and collect user fees for AQI services provided in connection with the arrival, at a port in the customs territory of the United States, of certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international passengers. According to the FACT Act, as amended, these user fees should be “sufficient” “to cover the cost of”:

• Providing AQI services “in connection with the arrival at a port in the customs territory of the United States” of the conveyances and the passengers listed above;

• Providing “preclearance or preinspection at a site outside the customs territory of the United States” to the conveyances and the passengers listed above; and

• Administering 21 U.S.C. 136a, concerning the “collection of fees for inspection services.”

In addition, the FACT Act, as amended, contains the following requirements:

• The amount of the fees shall be “commensurate with the costs of [AQI] services with respect to the class of persons or entities paying the fees.”

• The cost of AQI services “with respect to passengers as a class” shall “include the cost of related inspections of the aircraft or other vehicle.”

The user fees for the AQI activities described above are contained in 7 CFR 354.3, “User fees for certain international services.” APHIS' regulations regarding user fees relating to imports and exports, as well as overtime services, are found in 7 CFR part 354.

On May 7, 2024, we published a final rule in the Federal Register , (89 FR 38596-38644, Docket No. APHIS-2022-0023), 1 amending the user fee regulations associated with the AQI program. The final rule went into effect on October 1, 2024, with the exception of the removal of 7 CFR 354.3(e)(2)(iv), which contains an exemption from paying the AQI user fee for commercial aircraft with 64 or fewer seats meeting certain conditions. Because small commercial passenger aircraft have not previously been subject to the fee, we delayed implementation of the commercial aircraft fee for passenger aircraft with 64 or fewer seats until April 1, 2025 (89 FR 38621). In this document, we are postponing the implementation of the removal of § 354.3(e)(2)(iv) for an additional 60 days, until June 2, 2025.

This postponement is in accordance with the Presidential Memorandum titled “Regulatory Freeze Pending Review” issued January 20, 2025, which orders all agencies to consider postponing for 60 days the effective date of any rule that has not taken effect, for the purpose of reviewing any question of fact, law or policy that the rule may raise. 2

The memorandum also directs agencies, during this 60-day period of delay of effective date, where appropriate and consistent with applicable law, to consider opening a comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by the rules postponed under this memorandum. Accordingly, we are soliciting public information about small commercial passenger aircraft operations, for the reasons discussed below.

Since the final rule was published, some operators of small commercial passenger aircraft stated that their aircraft do not pose a sanitary or phytosanitary risk because they do not have cargo holds and, therefore, do not carry cargo that requires AQI services. These same small commercial passenger aircraft operators further stated that they should continue to be exempt from the AQI user fees for commercial aircraft. Other small commercial passenger aircraft operators stated that they were not of an equivalent risk profile to larger commercial carriers and should pay a lower fee that correlates to this lower risk.

In the May 2024 final rule, we created a separate, lower fee structure for certain commercial vessels operating in the Great Lakes and Cascadia based on comments received during the comment period on the proposed rule (88 FR 54796-54827, Docket No. APHIS-2022-0023) that the area of departure, route, and arrival were bounded and routine for many of those vessels (89 FR 38607-38609). Based on the comments received and available information, APHIS determined that depending on their cargo, vessels operating in the Great Lakes and Cascadia could pose a lower sanitary and phytosanitary risk than other types of commercial vessels traveling internationally warranting a lower fee rate provided that certain requirements are met (89 FR 38608-38609). APHIS is therefore open to the possibility of a lower AQI user fee for small commercial passenger aircraft, if warranted and adequately supported by data.

We are soliciting public information about small commercial passenger aircraft operations; in particular, whether small commercial passenger aircraft operators have additional data regarding the nature of their activities and whether those activities result in a lower sanitary and phytosanitary risk profile that would merit less intensive AQI services and a lower corresponding user fee. We are thus soliciting information about whether APHIS should consider modifying the commercial aircraft fee for small commercial passenger aircraft in a similar way to the fee structure we created for the Great Lakes and Cascadia commercial vessels. Specifically, we request information about whether:

• Small commercial passenger aircraft predominately operate (and seldom depart from) a distinct geographical or environmental area;

• Aircraft departures and arrivals are often more frequent than those of larger commercial aircraft;

• There is information that indicates that these small commercial passenger aircraft take the same or substantially similar routes per flight;

• There is information that indicates that these small commercial passenger aircraft carry the same or substantially similar cargo per shipment and that the cargo carried does not present a significant sanitary or phytosanitary risk;

• There are any other considerations that could help us differentiate aircraft into categories based on sanitary and phytosanitary risk; and

• There are other ways that the fee could be structured differently, in a manner commensurate with the services being provided, and evidence to support any alternate fee structures.

Under the Horse Protection Act (HPA, or the Act, 15 U.S.C. 1821 et seq. ), the Secretary of Agriculture is authorized to promulgate regulations to prohibit the movement, showing, exhibition, or sale of sore horses. The Secretary has delegated responsibility for administering the Act to the Administrator of the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS). Within APHIS, the responsibility for administering the Act has been delegated to the Deputy Administrator for Animal Care. Regulations and standards established under the Act are contained in 9 CFR part 11 (referred to below as the Horse Protection regulations or just the regulations), and 9 CFR part 12 lists the rules of practice governing administrative proceedings.

On May 8, 2024, APHIS published in the Federal Register (89 FR 39194-39251, APHIS-2022-0004), 1 a final rule titled “Horse Protection Amendments” (2024 Horse Protection final rule) that was to be effective on February 1, 2025, except for § 11.19, which had an effective date of June 7, 2024.

On January 28, 2025, APHIS published in the Federal Register (90 FR 8253-8254, APHIS-2022-0004), 2 a postponement of the regulations in the 2024 Horse Protection final rule, delaying the effective date of all provisions other than those in § 11.19 until April 2, 2025.

In the postponement, we noted that, on July 1, 2024, a complaint was filed in the U.S. District Court for the Northern District of Texas and amended on September 23, 2024. 3 The amended complaint alleged, in part, that the 2024 Horse Protection final rule exceeded APHIS's statutory authority and would have a significant economic impact on the Tennessee Walking Horse industry altogether. The amended complaint requested vacatur of the final rule. The parties completed briefing on their cross motions for summary judgment on December 20, 2024.

In the postponement, we explained that we were taking the action pursuant to section 705 of the Administrative Procedure Act in order to temporarily preserve the regulatory status quo during the pendency of the litigation. We noted that if the Court were to vacate, enjoin, or modify the final rule shortly before or after it would otherwise have been effective, there would be costs associated with reverting back to the previous regulatory regime on short notice. We also cited possible disruptive consequences to horse owners and trainers.

We concluded that, due to the approaching effective date, a postponement would preserve the existing status quo—a legal and regulatory regime that has applied for years prior to the effective date—and eliminate uncertainty for the duration of the postponement, providing predictability to the regulated industry for at least the beginning of the 2025 show season, which started on or about February 28, 2025, and continues to November.

Finally, in the postponement, we noted that the postponement was in accordance with the Presidential Memorandum titled “Regulatory Freeze Pending Review”  4 and issued on January 20, 2025 (the “Regulatory Freeze memorandum”), which orders all agencies to consider postponing for 60 days the effective date of any rule that has not taken effect, for the purpose of reviewing any question of fact, law or policy that the rule raises.

On January 31, 2025, the United States District Court for the Northern District of Texas issued its decision. The Court held that APHIS had exceeded its statutory authority in the 2024 Horse Protection final rule by issuing a blanket prohibition of the use of pads, action devices, and substances on Tennessee Walking Horses and racking horses; that a Dermatologic Conditions Indicative of Soring provision intended to replace the “scar rule” failed to provide due process; and that the pre- and post-deprivation reviews in the rule had failed to provide due process. In the order, the Court vacated the above provisions, found in §§ 11.5, 11.6(c), 11.7, and 11.8(h) of the 2024 Horse Protection final rule.

With those provisions in the 2024 Horse Protection final rule vacated, the final rule will now only amend a patchwork of several portions of the existing regulations. The final rule, as partially upheld by the district court, removes the requirement that Designated Qualified Persons (DQPs) be trained and licensed by horse industry organizations (HIOs) and removes the term DQPs from the regulations. The final rule requires the use of “Horse Protection Inspectors,” or HPIs. The regulation specifies that APHIS will authorize these applicants, preferably licensed veterinarians, as HPIs after screening them for potential conflicts of interest and conducting training. The agency adopted this regulatory change to bring inspectors directly under APHIS oversight and ensure that they are sufficiently screened for conflicts of interest. After the effective date of the other provisions of the final rule, only APHIS representatives and HPIs may be utilized by management to detect and identify horses which are sore or otherwise inspect horses for compliance with the Act or regulations. Any DQPs seeking to continue inspecting or other persons wishing to become inspectors after the effective date of the final rule must apply to APHIS to become an HPI and meet eligibility qualifications for authorization included in § 11.19. While the requirements in § 11.19 for training and authorizing HPIs became effective June 7, 2024, the requirement in § 11.18 that management pivot from electing to utilize DQPs to electing to utilize HPIs is not scheduled to become effective until April 2, 2025, or, by this document, February 1, 2026.

Additionally, the final rule will amend reporting requirements, expanding the number of entities subject to its applicability to include shows, exhibitions, sales and auctions of all breeds of horses, not just Tennessee Walking Horses or racking horses, as well as imposing earlier timeframes for reporting. In particular, new § 11.16 requires that at least 30 days before any horse show, horse exhibition, horse sale, or horse auction is scheduled to begin, management must notify the Administrator of such event, and at least 15 days prior thereto, the Administrator must be notified of any changes. We estimate that thousands of events will be newly subject to these reporting requirements.

In light of the Court's decision, we are further postponing the effective date of the portions of the final rule that have not been vacated by the district court and otherwise would go into effect on April 2, 2025. We are postponing that effective date to February 1, 2026. APHIS is taking this action, effective immediately, based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Moreover, to the extent that extending the effective date of this final rule would grant an exception or relieve a restriction, an exception also applies under 5 U.S.C. 553(d)(1). APHIS has determined that it would be impracticable and contrary to the public interest to delay this postponement until a full public notice-and-comment process is completed. It is impracticable because there is not enough time to receive and review comments before the current effective date of April 2, 2025. It would be contrary to the public interest because allowing the partially vacated 2024 Horse Protection final rule to go into effect on April 2, 2025, or at any other point in the middle of the current show season, would have disruptive consequences and result in “regulatory whiplash” to the regulated industry, as described below.

As described above, perhaps the most significant provisions of the 2024 Horse Protection final rule that remain after the Court's vacatur are the provisions that replace the industry-overseen DQPs with HPIs. Therefore, the practical impact of an April 2, 2025, effective date of the vacated rule is that management that elects to utilize an inspector will be required to appoint either an HPI or an APHIS representative at any shows occurring April 2, 2025, or later. The agency explained that it considered the HPI-specific provisions of the rule capable of operating independently irrespective of the implementation of the other provisions, and if a court were to vacate the rule's prohibitions, “HPIs could still be trained and authorized regarding the remaining provisions of the rule, as well as the Act itself, and the Agency would still have jurisdiction over such training and authorization.” (89 FR 39194, 39234, May 8, 2024). APHIS has identified 67 applicants to be HPIs and trained 17 prospective HPIs in accordance with § 11.19. However, due to the vacatur of the provisions governing prohibited items at shows and criteria for identifying soring— i.e. the provisions that the HPIs have received training under—APHIS must redevelop its HPI training program and re-train each of the 17 prospective HPIs in accordance with the surviving regulations. APHIS intends to ensure that HPI training includes workshops, classroom and virtual instruction, and hands-on training, with evaluations to confirm mastery of subject matter. APHIS requires additional time to redevelop this training program and retrain each prospective HPI. Additionally, APHIS has received numerous inquiries regarding the new reporting requirement at § 11.16, indicating that there is general confusion as to which entities need to comply and how they do so. These developments—most centrally the court's partial vacatur—have placed both the agency and industry in an untenable position: only 17 HPIs are available to inspect horses and those HPIs must be re-trained to inspect under the prior inspection regime, rather than the now-vacated regime on which they were trained. Additionally, many stakeholders are concerned that the new reporting requirement is overly burdensome. For these reasons, good cause exists to delay the effective date to February 1, 2026.

This new effective date falls after the conclusion of the current show season, and before the start of the 2026 show season. Postponing until February 1, 2026, will ensure that Agency officials have the opportunity to fully evaluate the court's decision, evaluate the program as a whole, and assess whether it wishes to proceed with the final rule, as vacated, or take other action, without disrupting the 2025 show season.

Further postponing the effective date will allow APHIS the necessary time to identify appropriate next steps to ensure that the 2024 Horse Protection final rule goes into effect with clarity to the regulated industry regarding its application and enforcement.

In the intervening time, the regulated industry and APHIS will continue to operate under the legal and regulatory regime that has applied for years prior to the effective date of the 2024 Horse Protection final rule—except for the HPI training provisions of § 11.19, which were effective on June 7, 2024—providing predictability to the regulated industry.

The Regulatory Freeze memorandum instructs Agencies to consider further delaying effective dates of final rules beyond the initial 60-day period, where necessary to continue to review questions of fact, law, and policy. The memorandum further instructs Agencies to, “where appropriate and consistent with applicable law, consider opening a comment period to allow interested parties to provide comments about issues of fact, law, and policy” raised by a rule subject to a delay of effective date based on the memorandum. One of our priorities is ensuring policy is in alignment with the President's objectives. Another priority is providing clarity for the regulated public. Accordingly, the further postponement of the effective date of the final rule, with the exception of § 11.19, will allow for stakeholder input and for further examination of the horse protection program, especially in light of the Court's decision. In the event that policy preferences within our purview shift in response to additional examination or stakeholder feedback, and we determine that future rulemaking is desired, preserving the status quo until February 1, 2026, will insulate the public from any would-be “regulatory whiplash” resulting from any shifts in policy decisions. The postponement will provide the regulated public with clarity and stability, as opposed to allowing the rule to go into effect at the risk of a subsequent determination that the aims of the rule are not in alignment with the policy of this Administration.

In connection with this action, we specifically request comment regarding whether this extension provides a sufficient period of time, or whether the delay should be extended for a second season. We therefore solicit any supplemental information regarding Horse Protection Act authorities, standards, recordkeeping, or other matters that may help inform a decision regarding an appropriate length of postponement.

AD 2025-04-02, Amendment 39-22960 (90 FR 11109, March 4, 2025) (AD 2025-04-02), requires replacing the fasteners on the fan cowl support beam hinge fittings for certain airplanes and, for all airplanes, requires modifying the radial restraint assembly and installing an external doubler at the starter vent, or as an option, installing a serviceable fan cowl. AD 2025-04-02 also requires revising the existing maintenance or inspection program, as applicable, to incorporate new airworthiness limitations. AD 2025-04-02 applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes.

As published, the service information referenced in certain paragraphs of the regulatory text is incorrect, and the dates specified in the “System Airworthiness Limitation No. 3—Fan Blade Out Conditions” text and “System Airworthiness Limitation No. 4—Engine Nacelle Maintenance Errors” text of figure 1 to paragraph (j) of the regulatory text are incorrect.

Paragraphs (h)(4), (h)(5), and (h)(7) of the regulatory text inadvertently referred to “Boeing Special Attention Requirements Bulletin 737-71-1938 RB, Revision 1, dated June 27, 2024,” instead of “Boeing Special Attention Requirements Bulletin 737-71-1937 RB, Revision 1, dated June 27, 2024.”

Paragraph (h)(4) of the regulatory text also inadvertently referred to “Collins Aerospace Service Bulletin 737NG-71-007,” instead of “Collins Aerospace Service Bulletin 737NG-71-008,” and inadvertently referred to “Material Necessary for Each Inlet Assembly” instead of “Material Necessary for Each Component.”

Paragraph (h)(7) of the regulatory text also included a reference to Collins Service Bulletin 737NG-71-008 but inadvertently included a date of “July 28, 2023” that is not necessary since the paragraph is referring to the Collins Service Bulletin 737NG-71-008 identified in Boeing Special Attention Requirements Bulletin 737-71-1937 RB, Revision 1, dated June 27, 2024, and should match how paragraphs (h)(4) and (5) of the regulatory text refer to Collins Service Bulletin 737NG-71-008 without a date.

Paragraph (j) of the regulatory text inadvertently included a reference to Boeing Special Attention Requirements Bulletin 737-71-1937 RB with the date of “June 27, 2024” instead of “July 27, 2023.”

In addition, the date specified in the “System Airworthiness Limitation No. 3—Fan Blade Out Conditions” text of figure 1 to paragraph (j) of the regulatory text inadvertently referred to “July 31, 2018” instead of “July 31, 2028,” and the date specified in the “System Airworthiness Limitation No. 4—Engine Nacelle Maintenance Errors” text of figure 1 to paragraph (j) of the regulatory text inadvertently referred to “December 31, 2019” instead of “December 31, 2029.”

The FAA reviewed Boeing Special Attention Requirements Bulletin 737-71-1937 RB, Revision 1, dated June 27, 2024. This material specifies procedures for replacing, for certain airplanes, the fasteners on the fan cowl support beam hinge fittings on the left and right engine strut, and, for engine 1 and engine 2 for all airplanes, modifying the radial restraint assembly and installing an external doubler at the starter vent, or as an option, installing a serviceable fan cowl. This material also specifies procedures to incorporate Boeing 737-600/700/700C/800/900/900ER Airworthiness Limitations (AWLs) Document D626A001-9-01 “System Airworthiness Limitation No. 2—Fan Blade Out Conditions,” “System Airworthiness Limitation No. 3—Fan Blade Out Conditions,” and “System Airworthiness Limitation No. 4—Engine Nacelle Maintenance Errors” into the operator's maintenance or inspection program.

This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES .

This document corrects several errors and correctly adds the AD as an amendment to 14 CFR 39.13. Although no part of the preamble and no other part of the regulatory information has been corrected, the FAA is publishing the entire rule in the Federal Register .

The effective date of this AD remains April 8, 2025.

Since this action only corrects service information referenced in paragraphs that provide relief to the required actions and corrects a date for an airworthiness limitation by specifying a later date, it has no adverse economic impact and imposes no additional burden on any person. Therefore, the FAA has determined that notice and public comment procedures are unnecessary.

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

The FAA issued AD 2023-10-02, Amendment 39-22438 (88 FR 34065, May 26, 2023) (AD 2023-10-02) to address the effect of interference from wireless broadband operations in the 5G C-Band on all transport and commuter category airplanes equipped with a radio altimeter. AD 2023-10-02 was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 5G C-Band. AD 2023-10-02 requires revising the limitations section of the existing airplane flight manual to incorporate limitations prohibiting transport and commuter category airplanes from performing certain low-visibility landing operations at any airport unless they have upgraded their radio altimeters. Transport Canada, which is the aviation authority for Canada, issued corresponding Transport Canada AD CF-2023-46, dated June 30, 2023, to require similar limitations on flight operations requiring radio altimeter data in U.S. airspace affected by 5G C-Band wireless signals.

The FAA subsequently issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 and 440), CL-600-2C10 (Regional Jet Series 700, 701, and 702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM published in the Federal Register on September 9, 2024 (89 FR 73009). The NPRM was prompted by AD CF-2023-62R1, dated November 21, 2023, issued by Transport Canada, which is the aviation authority for Canada (referred to after this as the MCAI). The MCAI states that, in addition to the effects of 5G C-Band broadband interference identified in FAA AD 2023-10-02, MHI RJ has determined that 5G C-Band broadband interference can result in certain failure messages and aural alerts being inhibited longer than intended. Specifically, this can result in the inhibition of hydraulic system #3 and wing anti-ice overheat failure messages such that flightcrew are unable to perform appropriate airplane flight manual (AFM) procedures in the time needed to prevent loss of elevator control due to hydraulic system overheat and wing structural damage due to wing anti-ice system overheat. This condition, if not corrected, could result in delayed flightcrew response leading to loss of continued safe flight and landing.

In the NPRM, the FAA proposed to require installing a new RF bandpass filter on the coaxial line between the radio altimeter and the receive antenna in the aft equipment compartment. When the airplane is modified as specified in this AD, the configuration with the RF bandpass filter installed has been determined to be “radio altimeter tolerant.” The FAA is issuing this AD because radio altimeter anomalies can result in the inhibition of certain failure messages such that the flightcrew are unable to perform appropriate airplane flight manual procedures in the time needed to prevent potential ignition hazard due to overheated hydraulic fluid circulating in the fuel tanks area, which may lead to loss of continued safe flight and landing, and/or structural deformation of the wing leading edge which may reduce the safety margin (to stall).

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-1896.

The FAA received comments from Mesa Airlines, MHI RJ Aviation (MHI RJ), and an individual commenter. The following presents the comments received on the NPRM and the FAA's response to each comment.

MHI RJ and an individual commenter requested that the proposed AD be revised to refer to revised service bulletins. The individual commenter noted that MHI RJ Service Bulletin 670BA-34-054 is currently at Revision E. MHI RJ stated that the original issue and Revisions A, B, C, D, and E of MHI RJ Service Bulletin 670BA-34-054; and Revisions D and E of MHI RJ Service Bulletin 601R-34-152 should be listed as methods of compliance for the actions required by the proposed AD. MHI RJ also requested that all acceptable revisions of the referenced service information be added to paragraph (n) of the proposed AD.

The FAA agrees to refer to the latest revisions of the service information. MHI RJ Service Bulletin 601R-34-152, Revision E, dated June 29, 2023, includes minor editorial changes (adding reference to an FAA AD and additional reference documents; and revising recommended compliance times, though the FAA notes that the compliance times in this AD take precedence over those in the service information). Those changes do not have an effect on the technical content and no additional work is necessary for operators that incorporated MHI RJ Service Bulletin 601R-34-152, Revision D, dated May 11, 2023. MHI RJ Service Bulletin 670BA-34-054, dated February 20, 2023; Revision A, dated February 28, 2023; Revision B, dated March 28, 2023; Revision C, dated June 29, 2023; Revision D, dated August 31, 2023; and Revision E, dated January 11, 2024; contain minor editorial revisions that do not have an effect on the technical content or require additional work for operators that incorporated earlier revisions. Therefore, the FAA has revised this AD to refer to MHI RJ Service Bulletin 670BA-34-054, Revision E, dated January 11, 2024; and MHI RJ Service Bulletin 601R-34-152, Revision E, dated June 29, 2023.

Regarding the request to cite all acceptable revisions of the service information in paragraph (n) of this AD, the FAA notes that paragraph (n) of this AD identifies only material that is to be incorporated by reference in the AD, and this AD requires and incorporates by reference only Revision E of the service bulletins, as specified in paragraphs (h), (i), and (j) of this AD.

An individual commenter requested that the FAA revise paragraph (k) of the proposed AD to include credit for actions performed using the original issue or Revisions A, B, C, or D of MHI RJ Service Bulletin 670BA-34-054. MHI RJ requested revising the conditional credit specified in the introductory text of paragraph (k) of the proposed AD to specify an additional document. MHI RJ noted that credit is conditional on operators installing the electrical idents for coax cables using Part G of MHI RJ Service Bulletin 601R-34-152, which is included only in Revisions D and E of that service information. MHI RJ also stated that some operators may have used, and should be granted credit for, Service Non-Incorporated Engineering Order (SNIEO) KCM601R53009-S01, which provides instructions for fabricating and installing electrical idents, and which is equivalent to Part G of Revision D and Revision E of MHI RJ Service Bulletin 601R-34-152.

The FAA agrees with the commenters' requests. The FAA has revised paragraph (k) of this AD as follows:

• Revised paragraph (k)(1) of this AD to refer to MHI RJ Service Bulletin 601R-34-152, Revision E, dated June 29, 2023.

• Added paragraph (k)(2) of this AD to provide credit for actions done using certain revisions of MHI RJ Service Bulletin 601R-34-152 provided that idents were installed using SNIEO KCM601R53009-S01 or MHI RJ Service Bulletin 601R-34-152, Revision D, dated May 11, 2023.

• Added paragraph (k)(3) of this AD to provide credit for MHI RJ Service Bulletin 601R-34-152, Revision D, dated May 11, 2023.

• Added paragraph (k)(4) of this AD to provide credit for the original issue and Revisions A, B, C, or D of MHI RJ Service Bulletin 670BA-34-054.

Mesa Airlines requested clarification of the affected Model CL-600-2D24 (Regional Jet Series 900) airplanes in paragraph (c) of the proposed AD. The proposed AD identified manufacturer serial numbers (MSNs) 15001 through 15990, which, according to Mesa Airlines, is all Model CL-600-2D24 airplanes. The commenter noted, however, that the effectivity of MHI RJ Service Bulletin 670BA-34-054, dated February 20, 2023, is limited to selected MSNs. That service bulletin was cited in paragraph (i) of the proposed AD as the appropriate source of service information for installing the RF bandpass filter for the specified airplanes including Model CL-600-2D24 airplanes.

The FAA provides the following clarification. The effectivity in MHI RJ Service Bulletin 670BA-34-054, dated February 20, 2023, is limited to selected MSNs. According to MHI RJ, the initial issue of this service bulletin was intended for those operators interested in purchasing the modification, so the MSNs listed in that service bulletin were confirmed to be committed for purchase of the modification kits. Rather than revising the service bulletin effectivity each time a new MSN needed to be added, MHI RJ later decided to make the service bulletin applicable to all MSNs. Therefore, the effectivity in subsequent service bulletin revisions includes all MSNs. As stated previously, this AD has been changed to refer to MHI RJ Service Bulletin 670BA-34-054, Revision E, dated January 11, 2024, for the required actions for airplanes including Model CL-600-2D24 airplanes.

The Background section of the NPRM and paragraph (e) (“Unsafe Condition”) of the proposed AD stated that the FAA proposed the AD because radio altimeter anomalies can result in the inhibition of certain failure messages such that the flightcrew are unable to perform appropriate AFM procedures in the time needed to prevent “loss of elevator control due to hydraulic system overheat and wing structural damage due to wing anti-ice system overheat,” which could result in “delayed flightcrew response leading to loss of continued safe flight and landing.” MHI RJ recommended that the FAA revise the proposed AD to state that the intent is rather to prevent “potential ignition hazard due to overheated hydraulic fluid circulating in the fuel tanks area, which may lead to loss of continued safe flight and landing, and/or structural deformation of the wing leading edge which may reduce the safety margin (to stall).”

The FAA agrees with MHI RJ's proposed text, which better clarifies the radio altimeter anomalies that can result in the inhibition of certain failure messages. The Background section and paragraph (e) of this AD have been revised accordingly.

The Background section of the NPRM stated that MHI RJ determined that 5G C-Band broadband interference can result in certain failure messages and aural alerts being inhibited longer than intended. The Background then included the following statement:

MHI RJ recommended removing the quoted statement because that content is not included in Canadian AD CF-2023-46, and it is unnecessary and misleading.

The FAA agrees to clarify. The FAA acknowledges that the specified text is not included in Transport Canada AD CF-2023-46. However, the FAA has determined that the added text provides additional details for a more comprehensive background of the unsafe condition identified in this final rule.

MHI RJ recommended changing paragraph (j) of the proposed AD, which proposed to require installing an RF bandpass filter on Model CL-600-2E25 airplanes “before the next flight in the contiguous U.S. airspace” after the effective date of the AD. MJI RJ recommended removing “in the contiguous U.S. airspace” because the proposed AD would apply to U.S.-registered airplanes operating in any airspace.

The FAA disagrees with MHI RJ's request to change this compliance time language for Model CL-600-2E25 airplanes. The language has been retained in paragraph (j) of this AD to require compliance “before the next flight in the contiguous U.S. airspace” for Model CL-600-2E25 airplanes because none of those affected airplanes are currently flying in the U.S, but the AD requirements will apply if an affected airplane is placed on the U.S. Registry and flown in the contiguous U.S. The FAA has not changed paragraph (j) of this AD as a result of this comment.

This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

The FAA reviewed MHI RJ Service Bulletins 601R-34-152, Revision E, dated June 29, 2023, and 670BA-34-054, Revision E, dated January 11, 2024. This material specifies procedures for installing a new RF bandpass filter on the coaxial line between the radio altimeter and the receive antenna in the aft equipment compartment. These documents are distinct since they apply to different airplane models. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

The FAA estimates that this AD affects up to 873 airplanes of U.S. registry. However, many of these airplanes may already have a bandpass filter installed in compliance with AD 2023-10-02 and would not incur any additional costs to comply with this AD. The FAA estimates the following costs to comply with this AD:

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Will not affect intrastate aviation in Alaska, and

(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

The Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq. ) (CPIA), which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)) (the Convention), allows for the conclusion of an agreement between the United States and another party to the Convention to impose import restrictions on eligible archaeological and ethnological material. Under the CPIA and the applicable U.S. Customs and Border Protection (CBP) regulations, found in §  12.104 of title 19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions are effective for no more than five years beginning on the date on which an agreement enters into force with respect to the United States (19 U.S.C. 2602(b)). This period may be extended for additional periods, each extension not to exceed five years, if it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)).

On December 16, 2019, the United States entered into a bilateral agreement (2019 Agreement) with the Hashemite Kingdom of Jordan (Jordan) that entered into force on February 1, 2020, to impose import restrictions on certain archaeological material representing Jordan's cultural heritage that is at least 250 years old, dating from the Paleolithic period (approximately 1.5 million B.C.) to the middle of the Ottoman period in Jordan (A.D. 1750). On February 7, 2020, CBP published a final rule (CBP Dec. 20-02) in the Federal Register (85 FR 7204), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, including a list designating the types of archaeological material covered by the restrictions.

On April 24, 2024, the United States Department of State proposed in the Federal Register (89 FR 31246) to extend the 2019 MOU. On September 23, 2024, after considering the views and recommendations of the Cultural Property Advisory Committee, the Principal Deputy Assistant Secretary for Educational and Cultural Affairs, United States Department of State, made the necessary determinations to extend the import restrictions for an additional five years. Following an exchange of diplomatic notes, concluded on January 14, 2025, the United States and Jordan have agreed to extend the restrictions for an additional five-year period, through January 14, 2030. However, in the absence of a final rule extending enforcement of the restrictions, enforcement of these restrictions ended on February 2, 2025. Enforcement of this extension will begin upon publication of this document in the Federal Register .

Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension and reinstate enforcement of these import restrictions. The restrictions on the importation of archaeological material from Jordan will continue in effect through January 14, 2030. Importation of such material from Jordan continues to be restricted through that date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.

The Designated List of restricted material and additional information may also be found at the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions by selecting the material for “Jordan.”

This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3).

Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities ( i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a general notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule.

In accordance with Treasury Order 100-20, the Secretary of the Treasury has delegated to the Secretary of Homeland Security the authority related to the customs revenue functions vested in the Secretary of the Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain exceptions. This regulation is being issued in accordance with DHS Directive 07010.3, Revision 03.2, which delegates to the Commissioner of CBP the authority to prescribe and approve regulations related to cultural property import restrictions.

Pete Flores, Acting Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director (or Acting Director, if applicable) of the Regulations and Disclosure Law Division of CBP, for purposes of publication in the Federal Register .

For the reasons set forth above, U.S. Customs and Border Protection amends part 12 of title 19 of the Code of Federal Regulations, as set forth below:

On April 24, 2024, the President signed into law the 21st Century Peace through Strength Act, Public Law 118-50, div. D (the “Act”). Section 3111 of the Act extended from five years to 10 years the statute of limitations for civil and criminal violations of the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. (IEEPA), and the Trading with the Enemy Act, 50 U.S.C. 4301 et seq. (TWEA).

On September 13, 2024, OFAC published an interim final rule (89 FR 74832, September 13, 2024) with a 30-day public comment period to solicit public comments on amending the Regulations to extend from five to 10 years the recordkeeping requirements codified at 31 CFR 501.601, paragraph IV.B of appendix A to part 501, and 515.572, consistent with the statute of limitations for violations of certain sanctions prohibitions administered by OFAC. OFAC received three relevant written submissions on the proposed rule, which are available on the public rulemaking docket at https://www.regulations.gov. OFAC considered each submission but made no revisions in this rule in response to the comments.

The first comment was general in nature, for example, supporting OFAC's efforts to extend recordkeeping requirements for certain transactions from five to 10 years, consistent with the statute of limitations for violations of certain sanctions administered by OFAC. That comment also stated that the rule has a broad scope and sought additional guidance on the applicability of the rule.

The second comment suggested that OFAC postpone enacting the new recordkeeping requirements to give stakeholders more time to acquire additional resources and storage capacity and to adjust their current recordkeeping practices to conform to the new recordkeeping requirements of OFAC. However, OFAC believes that it has provided sufficient time for recordkeepers to adjust because the relevant statute was signed into law in April 2024, and OFAC published the interim final rule with a six-month delay in effective date (March 12, 2025).

Finally, the third comment noted that financial institutions subject to European Union (EU) regulations on anti-money laundering and counter-terrorism financing may face difficulties in complying with this new 10-year recordkeeping requirement. Specifically, the comment states that article 40 of EU Directive 2015/849, on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, mandates that records of transactions must be deleted five years after the end of a business relationship with regular clients, or after the transaction for occasional clients, because this data is considered “personal” by EU authorities. OFAC is mindful that this may create instances in which there is potential tension between EU and U.S. retention requirements and has accounted for potential conflict of laws issues in assessing apparent violations in General Factor K of OFAC's Enforcement Guidelines. See 74 FR 57593.

Based on the rationale set forth in the interim final rule and this final rule, OFAC is adopting the interim final rule with no changes.

This document and additional information concerning OFAC are available on OFAC's website: https://ofac.treasury.gov.

Because the amendment of the Regulations is a rule of agency procedure and involves a foreign affairs function, the provisions of Executive Order 12866 of September 30, 1993, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993), as amended, and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.

Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the collections of information related to 31 CFR 501.601, paragraph IV.B of appendix A to part 501, and § 515.572 have been previously approved by the Office of Management and Budget (OMB) under control number 1505-0164. This final rule modifies the requirements for recordkeeping under these sections by increasing the period for recordkeeping to 10 years from five years to align with a statutory amendment. On September 12, 2024, OFAC issued a Federal Register notice and requests for comments on this information collection, as well as an unrelated consolidation of certain OFAC information collections under OMB control number 1505-0164, and received no public comments. The request has been submitted to OMB for review. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

The Coast Guard will enforce the special local regulations in 33 CFR 100.1101 for the California Half Ironman Triathlon in Oceanside, CA, for the locations described in Table 1 to § 100.1101, Item 2 of that section from 6 a.m. until 10 a.m. on April 5, 2025. The location includes the waters of Oceanside Harbor, CA, including the entrance channel. This enforcement action is being taken to provide for the safety of life on navigable waterways during the event. The Coast Guard's regulation for recurring marine events in the San Diego Captain of the Port Zone identifies the regulated entities and area for this event. Under the provisions of 33 CFR 100.1101, persons and vessels are prohibited from anchoring, blocking, loitering, or impeding within this regulated area, unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

In addition to this document in the Federal Register , the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, and local advertising by the event sponsor.

If the Captain of the Port Sector San Diego or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area.

The Coast Guard will enforce the special local regulations in 33 CFR 100.1101 for the location identified in Table 1 to § 100.1101, Item No. 3, from March 28, 2025, through March 30, 2025, from 2 p.m. to 4 p.m. each day for the San Diego Crew Classic in Mission Bay, San Diego, CA. This action is being taken to provide for the safety of life on navigable waterways during the event. Our regulation for recurring marine events in the San Diego Captain of the Port Zone, § 100.1101, Table 1 to § 100.1101, Item No. 3, specifies the location of the regulated area for the San Diego Crew Classic, which encompasses portions of Mission Bay. Under the provisions of § 100.1101, persons and vessels are prohibited from entering, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

In addition to this notification in the Federal Register , the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts.

Throughout this document, “we,” “us,” and “our” refer to the EPA.

On June 15, 2023, we published a disapproval of two submittals intended to satisfy the contingency measures requirement of CAA sections 172(c)(9) and 182(c)(9). 1 This disapproval was based on our finding that the State's submittal did not include specific measures to be triggered upon a failure to attain (“attainment contingency measures”) or to meet a reasonable further progress (RFP) milestone (“RFP contingency measures”). The 2023 disapproval action started sanctions clocks for imposition of the offset sanction 18 months after July 17, 2023, and the highway funding sanction six months later, pursuant to CAA section 179 and our regulations at 40 CFR 52.31. Under 40 CFR 52.31(d)(1), the offset sanction applies 18 months after the effective date of a disapproval and the highway funding sanction applies six months after the offset sanction, unless we determine that the deficiencies forming the basis of the disapproval have been corrected. Accordingly, the offset sanction went into effect for the area on January 17, 2025, and the highway funding sanction is set to come into effect on July 17, 2025.

In the Proposed Rules section of this issue of the Federal Register , we are proposing to determine that the Sacramento Metro area attained the 2008 ozone NAAQS by its December 31, 2024 attainment date, based on quality-assured and certified ambient air quality monitoring data from 2022 through 2024. If we finalize that attainment determination as proposed, the requirement for the area to have RFP and attainment contingency measures for the 2008 ozone NAAQS will no longer apply. Based on our proposed determination, we are taking this interim final action, effective on publication, to stay the imposition of the offset sanction and to defer the highway funding sanction that were triggered by our June 15, 2023, disapproval.

The EPA is providing the public with an opportunity to comment on this stay and deferral of sanctions. If comments are submitted that change our assessment described in this final determination and our proposed determination of attainment, we intend to take subsequent final action to reimpose sanctions pursuant to 40 CFR 52.31(d). If no comments are submitted that change our assessment, then all sanctions and sanction clocks associated with our June 15, 2023, final action will be permanently terminated on the effective date of a final determination of attainment.

We are making an interim final determination to stay the imposition of the offset sanction and to defer the imposition of the highway funding sanction associated with our June 15, 2023, disapproval of attainment and RFP contingency measures for the Sacramento Metro area, based on our concurrent proposed determination that the area has attained the 2008 ozone NAAQS by the applicable attainment date. As described in the proposed determination of attainment, a final determination of attainment by the attainment date will mean that contingency measures are no longer required for the area.

Because the EPA has preliminarily determined that the area is no longer subject to the requirement that was the basis for our previous disapproval action, relief from sanctions should be provided as quickly as possible. Therefore, EPA is invoking the good cause exception under the Administrative Procedure Act (APA) in not providing an opportunity for comment before this action takes effect. 2 However, by this action, the EPA is providing the public with an opportunity to comment on the EPA's determination after the effective date, and the EPA will consider any comments received in determining whether to reverse such action.

The EPA believes that notice-and-comment rulemaking before the effective date of this action to stay and defer sanctions is impracticable and contrary to the public interest. Through our proposed action, the EPA has preliminarily determined that the Sacramento Metro area has attained the 2008 ozone NAAQS by the attainment date, and, consequently, that contingency measures are no longer required for the area. Therefore, it is not in the public interest to apply sanctions. The EPA believes that it is necessary to use the interim final rulemaking process to stay and defer sanctions while the EPA completes our notice and comment process for the determination regarding the area's attainment. Moreover, with respect to the effective date of this action, the EPA is invoking the good cause exception to the 30-day notice requirement of the APA because the purpose of this notice is to relieve a restriction. 3

This action stays and defers Federal sanctions and imposes no additional requirements. Accordingly, this action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it proposes to approve a state program;

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA.

In addition, this action does not have Tribal implications, as specified in Executive Order 13175, because this determination will not impose substantial direct costs on Tribal governments or preempt Tribal law. The EPA has identified Tribal areas within the Sacramento Metro nonattainment area; these are discussed in our proposed determination of attainment, published elsewhere in this issue of the Federal Register . We note that both the proposed determination of attainment, if finalized, and this determination to stay and defer sanctions, will apply throughout the nonattainment area, including on Tribal lands within the nonattainment areas.

This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 808(2). The EPA has made a good cause finding for this action as discussed in Section II of this preamble, including the basis for that finding.

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 20, 2025. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532).

You may access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Federal Register Office's e-CFR site at https://www.ecfr.gov/current/title-40.

Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2022-0257 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before May 20, 2025. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2022-0257, by one of the following methods:

• Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

• Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.

• Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets.

In the Federal Register of March 22, 2022 (87 FR 16133) (FRL-9410-11-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 1F8978) by Belchim Crop Protection US Corporation, 2751 Centreville Road, Suite 100, Wilmington, Delaware 19808. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyridate in or on dry peas and soybeans at 0.05 parts per million (ppm). That document referenced a summary of the petition prepared by Belchim Crop Protection US Corporation, the registrant, which is available in the docket at https://www.regulations.gov. Comments were received on the notice of filing. EPA's response to these comments is discussed in Unit IV.C.

Based upon review of the data supporting the petition, EPA has revised tolerance levels and corrected commodity definitions. The registrant proposed tolerances of dry pea vines, dry pea hay, dry pea seed (dried), soybean forage, soybean hay, and soybean seed (dried) at 0.05 ppm. The proposed dry pea seed (dried) was revised to vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F. The proposed dry pea vines at 0.05 ppm were revised to pea, field, forage at 2 ppm. The proposed dry pea hay at 0.05 ppm was revised to 5 ppm. The proposed soybean forage at 0.05 was revised to soybean, forage at 0.4 ppm. The proposed soybean hay at 0.05 ppm was revised to soybean, hay at 0.8 ppm, and the proposed Soybean Seed (dried) was revised to Soybean, seed. The reason for these changes is explained in Unit IV.D.

In the Federal Register of October 26, 2023 (88 FR 73571) (FRL-10579-09-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a revised pesticide petition (PP 1F8978) by Belchim Crop Protection US Corporation. The revised petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyridate in or on dry pea vines, dry pea hay, dry pea seed (dried), soybean forage, soybean hay, and soybean seed (dried) at 0.05 ppm. That document referenced a revised summary of the petition prepared by Belchim Crop Protection US Corporation, the registrant, which is available in the docket at https://www.regulations.gov. No comments were received on the revised notice of filing.

Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”

Consistent with FFDCA section 408(b)(2)(D), and the factors specified therein, EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for pyridate, including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with pyridate follows.

In an effort to streamline its publications in the Federal Register , EPA is not reprinting sections that repeat what has been previously published in tolerance rulemakings for the same pesticide chemical. Where scientific information concerning a particular chemical remains unchanged, the content of those sections would not vary between tolerance rulemakings, and EPA considers referral back to those sections as sufficient to provide an explanation of the information EPA considered in making its safety determination for the new rulemaking.

In the Federal Register of May 25, 2022 (87 FR 31738) (FRL-9298-02), EPA published a final rule establishing tolerances for residues of pyridate in which EPA concluded, based on available information, that there is a reasonable certainty that no harm would result from aggregate exposure to pyridate. EPA is incorporating previously published sections from that rulemaking as described further in this rulemaking, as they have not changed.

Toxicological profile. For a discussion of the toxicological profile of pyridate, see Unit III.A. of the May 25, 2022, rulemaking.

Toxicological points of departure/levels of concern. For a summary of the toxicological points of departure/levels of concern for pyridate used for human health risk assessment, see Unit III.B. of the May 25, 2022, rulemaking.

Exposure assessment. Much of the exposure assessment for pyridate remains unchanged from the discussion in Unit III.C. of the May 25, 2022, rulemaking, except as described in the following paragraphs.

Dietary exposure from food and feed uses. The exposure assessment has been updated to include the additional dietary exposure from the proposed new uses of pyridate on dry pea and soybean commodities using the same previous assumptions of tolerance-level residues and 100 percent crop treated (PCT) described in Unit III.C.1. of the May 25, 2022, rulemaking.

Drinking water and non-occupational exposures. Although drinking water and residential exposures are not impacted by the proposed new uses of pyridate on dry pea and soybean commodities, there are proposed new uses of pyridate for control of annual broadleaf weeds on residential turfgrass. In the Federal Register of April 26, 2022 (87 FR 24556; FRL-9408-03-OCSPP), EPA issued a document pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), providing notice of receipt and opportunity to comment on the application to register these new uses on turfgrass. EPA updated the estimated drinking water concentrations (EDWCs) of pyridate to evaluate potential drinking water exposure from use on residential turfgrass. Based on the Pesticides in Water Calculator (PWC; version 2.001), the EDWCs of pyridate are estimated to be 0.580 ppm for acute dietary exposures and 0.454 ppm for chronic dietary exposures.

EPA also assessed residential post-application exposure from contacting lawns and turf treated with pyridate using default assumptions in lieu of chemical-specific turf transfer residue data. The residential exposures used in the aggregate assessment are incidental oral exposures (hand-to-mouth, object-to-mouth, and soil ingestion) from post-application exposure to treated lawns and turf for children 1 to <2 years old. Although dermal exposures are also expected, no dermal toxicological point of departure was selected.

Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to pyridate and any other substances, and pyridate does not appear to produce a toxic metabolite produced by other substances. For the purposes of this action, therefore, EPA has not assumed that pyridate has a common mechanism of toxicity with other substances.

Safety factor for infants and children. EPA continues to conclude that there are reliable data to support the reduction of the Food Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit III.D. of the May 25, 2022, rulemaking for a discussion of the Agency's rationale for that determination.

Aggregate risks and determination of safety. EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute population adjusted dose (aPAD) and chronic population adjusted dose (cPAD). Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate points of departure to ensure that an adequate margin of exposure (MOE) exists. For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure.

The acute aggregate risk assessment considers exposures from food and drinking water only and is equivalent to the acute dietary risk estimates. Acute dietary risks are below the Agency's level of concern: 53% of the aPAD for all infants less than 1 year old, the population group of concern. There are no registered or proposed uses of pyridate that result in long-term residential exposures. Therefore, the chronic aggregate risk assessment considers exposures from food and drinking water only. Chronic dietary risks are below the Agency's level of concern: 31% of the cPAD for all infants less than 1 year old, the group with the highest exposure.

The short-term aggregate risk assessment considers dietary (food and drinking water) and residential exposures. No residential handler exposure is expected, and only post-application dermal and incidental oral exposures are expected from the proposed uses of pyridate in residential areas. Residential post-application inhalation exposures are not expected. Using the exposure assumptions described for short-term exposures, EPA has concluded that the combined short-term food, water, and residential exposures result in aggregate MOEs above 100. These MOEs are not of concern, as the level of concern for all scenarios assessed is an MOE less than 100. Intermediate-term residential exposure is not expected so no intermediate term aggregate assessment was conducted.

Pyridate is classified as “Not Likely to Be Carcinogenic to Humans.” Therefore, EPA does not expect pyridate exposures to pose an aggregate cancer risk.

Therefore, based on the risk assessments and information described above, EPA concludes there is a reasonable certainty that no harm will result to the general population, or to infants and children, from aggregate exposure to pyridate residues. More detailed information on the subject action to establish tolerances in or on dry pea and soybean commodities can be found in the document titled “Pyridate. Human Health Risk Assessment for the Proposed New Section 3 Registration on Soybeans and Dry Peas.” available at https://www.regulations.gov in docket ID number EPA-HQ-OPP-2022-0257.

Adequate analytical enforcement methodology (high-performance liquid chromatography with ultraviolet detection (UV-HPLC)) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: residuemethods@epa.gov.

In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). Codex is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established MRLs for residues of pyridate in dry pea and soybean raw agricultural commodities.

EPA received one comment in response to the notice of filing. The commenter opposed any tolerances for pyridate and expressed a general opposition to the use of “toxic chemicals” on food. Although the Agency recognizes that some individuals believe that pesticide chemicals should not be permitted on food, the existing legal framework provided by section 408 of the FFDCA authorizes EPA to establish tolerances when it determines the tolerances are safe. Upon consideration of the validity, completeness, and reliability of the available data as well as other factors the FFDCA requires EPA to consider, EPA has determined that the pyridate tolerances are safe. The commenter has provided no information indicating that a safety determination cannot be supported.

For dry pea vines and hay and soybean forage and hay, the petitioner proposed a tolerance level equal to the LOQ of the enforcement method, which is not appropriate as quantifiable residues were found in these commodities. The recommended tolerance level for dry pea vines and hay and soybean forage and hay was determined through use of the Organization for Economic Co-operation and Development (OECD) calculation procedures. Commodity definitions were updated to EPA standards.

Therefore, tolerances are established for residues of pyridate, in or on Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F at 0.05 ppm; Pea, field, forage at 2.0 ppm; Pea, field, hay at 5.0 ppm; Soybean, forage at 0.4 ppm; Soybean, hay at 0.8 ppm; and Soybean, seed at 0.5 ppm.

This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, titled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, titled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, titled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq. ).

Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq. ), do not apply.

This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, titled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, titled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq. ).

This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq. ), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Therefore, for the reasons stated in the preamble, 40 CFR chapter I is amended as follows:

This is a summary of the FCC's Final rule, FCC 24-123, published December 13, 2024 (89 FR 100838). This is the second set of corrections. The first set of corrections was published in the Federal Register on January 17, 2025 (90 FR 5724). This document augments the corrections that were published in the Federal Register on January 17, 2025 (90 FR 5724).

Accordingly, 47 CFR part 90 is corrected by making the following correcting amendments:

The IPHC has recommended regulations that would govern the Pacific halibut fishery in 2025, pursuant to the Convention between Canada and the United States for the Preservation of the Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending the Convention (signed at Washington, DC, on March 29, 1979).

As provided by the Northern Pacific Halibut Act of 1982 (Halibut Act), the Secretary of State, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, regulations recommended by the IPHC in accordance with the Convention. 16 U.S.C. 773b. The Secretary of State, with the concurrence of the Secretary of Commerce, accepted the 2025 IPHC Fishery Regulations on March 14, 2025 thereby making them effective.

The Halibut Act provides the Secretary of Commerce with the authority and general responsibility to carry out the requirements of the Convention and the Halibut Act. The PFMC and NPFMC may develop, and the Secretary of Commerce may implement, regulations governing harvesting privileges among U.S. fishermen in U.S. waters that are in addition to, and not in conflict with, approved IPHC regulations. The NPFMC has exercised this authority in developing halibut management programs for three fisheries that harvest halibut off Alaska: the subsistence, sport, and commercial fisheries. The PFMC has exercised this authority by developing a catch sharing plan governing the allocation of halibut and management of sport (recreational) and commercial halibut fisheries on the U.S. West Coast.

The IPHC apportions catch limits for the Pacific halibut fishery among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and California), Area 2B (British Columbia), Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (which is further divided into 5 areas, 4A through 4E, in the Bering Sea and Aleutian Islands of Western Alaska).

Subsistence and sport halibut fishery regulations for Alaska, and Tribal, sport, and non-Tribal directed commercial halibut fishery regulations for Area 2A, are codified at 50 CFR part 300. Commercial halibut fisheries off Alaska are subject to regulations resulting from the Individual Fishing Quota (IFQ) Program, the Community Development Quota (CDQ) Program (50 CFR part 679), and the area-specific catch sharing plans for Areas 2C, 3A, and Areas 4C, 4D, and 4E, respectively.

The NPFMC implemented a catch sharing plan among commercial IFQ and CDQ halibut fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (Area 4, Western Alaska) through rulemaking, and the Secretary of Commerce approved the plan on March 20, 1996 (61 FR 11337). The Area 4 catch sharing plan regulations are codified at 50 CFR 300.65. New annual regulations pertaining to the Area 4 catch sharing plan also may be implemented through IPHC action, subject to acceptance by the Secretary of State, with the concurrence of the Secretary of Commerce.

The NPFMC recommended and NMFS implemented through rulemaking a catch sharing plan for commercial IFQ and guided sport (charter) halibut fisheries in IPHC Regulatory Areas 2C and 3A on January 13, 2014 (78 FR 75844, December 12, 2013). The Area 2C and 3A catch sharing plan regulations are codified at 50 CFR 300.65. The catch sharing plan defines an annual process for allocating halibut between the commercial and charter fisheries so that each sector's allocation varies in proportion to halibut abundance, specifies a public process for setting annual management measures, and authorizes limited annual leases of commercial IFQ for use in the charter fishery as guided angler fish (GAF).

The IPHC held its annual meeting in Vancouver, British Columbia, from January 27 through 31, 2025, and recommended a number of changes to the previous IPHC regulations (89 FR 19275, March 18, 2024). On March 14, 2025, the Secretary of State, with the concurrence of the Secretary of Commerce, accepted the annual management measures, including the following changes to section 5, section 9, and section 28 of the 2025 IPHC Fishery Regulations:

1. New halibut catch limits in all regulatory areas. The catch limits are presented in two tables in section 5. They distinguish between limits resulting from Commission decisions and limits that result from domestic catch sharing plans that have been developed by the respective United States and Canada Governments;

2. New commercial fishery season dates and start time in section 9; and

3. New management measures for Area 2C and Area 3A guided sport fisheries in section 28.

Pursuant to regulations at 50 CFR 300.62, the 2025 annual management measures are published in the Federal Register in this action to provide notice of their regulatory effectiveness and to inform persons subject to the regulations of their restrictions and requirements. Because NMFS publishes the IPHC's annual management measures in this action, and those measures are applicable to the entire Convention area, this action includes some provisions relating to Canadian fishing and fisheries. In separate actions, NMFS may implement more restrictive regulations for the U.S. halibut fishery or components of it; therefore, anglers are advised to check the current Federal and IPHC regulations prior to fishing.

The IPHC recommended to the governments of Canada and the United States a 2025 coastwide mortality limit, also called the Total Constant Exploitation Yield (TCEY), of 29,720,000 pounds (lb) (13,480 metric tons (mt)). The IPHC refers to catch limits as Fishery Constant Exploitation Yield (FCEY), which are derived from the TCEY by directed fisheries that are specified in the IPHC regulations and are subject to area-specific catch agreements among the domestic parties. Coastwide, the 2025 TCEY decreased 15.8 percent from the FCEY implemented in 2024. Except for Area 2A, which remained at the same level as has been in place since 2019, the FCEY in each regulatory area decreased relative to the 2024 mortality limit. A description of the process the IPHC used to set these mortality limits and catch limits follows.

For the upcoming 2025 halibut fishing year, the IPHC conducted its annual stock assessment using a range of updated data sources as described in detail in the IPHC overview of data sources for the Pacific halibut stock assessment, harvest policy, and related analyses (IPHC-2025-AM101-R; available at https://www.iphc.int ). To evaluate the Pacific halibut stock, the IPHC uses an “ensemble” of 4 equally weighted models: 2 long time-series models incorporating data from 1888 to the present and 2 short time-series models incorporating data from 1992 to the present. For each time-series, the two models include data that are either divided by four geographical regions or aggregated into coastwide summaries. These models incorporate data through 2024 from the IPHC Fishery Independent Setline Survey (FISS); the commercial halibut fishery; the NMFS Eastern Bering Sea trawl survey; length and weight-at-age and male/female sex ratio estimates by region in the directed commercial fisheries and in the FISS; and age distribution information for bycatch, sport, and sublegal discard removals.

The results of the ensemble models are integrated and incorporate uncertainty in natural mortality rates, environmental effects on recruitment, and other structural and parameter categories, consistent with practices in place since 2012. The data and assessment models used by the IPHC are reviewed by the IPHC's Scientific Review Board, comprised of non-IPHC scientists who provide an independent scientific review of the data and stock assessment to provide recommendations to IPHC staff and the Commissioners. The Scientific Review Board did not identify any substantive errors in the data or methods used in the 2024 stock assessment. NMFS believes the IPHC's data and assessments models constitute the best available science on the status of the Pacific halibut resource.

The IPHC's data, including the FISS, indicate that the Pacific halibut stock declined continuously from the late 1990s to around 2012, largely as a result of decreasing size at a given age (size-at-age), higher harvest rates in the early 2000s, and weaker recruitment than observed during the 1980s. In more recent years, from 2016 to 2024, the spawning biomass is estimated to have declined 32 percent, then increased by 3 percent, to 149,000,000 lb (65,771 mt) at the beginning of 2025, largely as a function of the maturing 2012 and 2016 year classes. The spawning biomass is currently estimated to be at 38 percent of its unfished state, and is near the lowest level observed since the 1970s. This estimate reflects updated calculations recommended during stock assessment external review and review by the Scientific Review Board, as well as developments in the IPHC Management Strategy Evaluation.

The IPHC accounts for the total mortality of halibut from all sources and employs a management procedure that establishes a coastwide reference level of fishing intensity so that the Spawning Potential Ratio (SPR) is equal to 43 percent. Fishing intensity is expressed as an F value; therefore, the reference fishing intensity of 43 percent SPR ( i.e., F43) would allow a level of fishing intensity that is expected to result in approximately 43 percent of the spawning biomass per recruit compared to an unfished stock ( i.e., no fishing mortality). Lower F percentages would be expected to result in higher fishing intensity.

The IPHC harvest decision table (table 1 in IPHC-2025-AM101-13; available at https://www.iphc.int ) provides a comparison of the relative risk of a decrease in stock biomass, stock status, or fishery metrics for a range of fishing intensities for 2025. The harvest decision table employs two metrics of fishing mortality: (1) the TCEY, which includes harvests and incidental discard mortality from directed commercial fisheries; mortality estimates from sport, subsistence, and personal use; and estimates of non-directed discard mortality of halibut over 26 inches (66.0 centimeters (cm)) (O26); and (2) Total Mortality, which includes all the above sources of mortality, plus estimates of non-directed discard mortality of halibut less than 26 inches (66.0 cm) (U26). Although U26 halibut mortality is factored into the stock assessment and harvest strategy calculations, there is currently no reliable tool for describing the annual coastwide distribution of U26 halibut.

For 2025, the IPHC adopted a TCEY totaling 29,720,000 lb (13,481 mt) coastwide. This corresponds to a fishing intensity of approximately F51 percent, which is similar to 2024 (F52 percent) and more conservative than the F43 percent reference level of fishing intensity used to establish TCEYs in years prior to 2023. The 2025 TCEY is 5,560,000 lb (2,522 mt), or 15.8 percent, less than the TCEY adopted in 2024.

In making its recommendation, the IPHC considered likely stock status and uncertainties, as well as the significant social and economic impacts of catch limits among areas. The IPHC noted in 2023 that a recent change in the treatment of the natural mortality rate, from the previously assumed value of 0.15 to an estimated value of to 0.21 in the short regional model, and its effect on the full ensemble, resulted in more optimistic projections due to the increase in the estimated productivity of the stock. The IPHC noted that, despite the positive outlook for the long-term status of the stock, the near term fishery will rely heavily on a single year class (2012), and also noted that the FISS and commercial fishery catch rates have been very low for three consecutive years and are currently at the lowest rates observed in over 30 years.

At a coastwide TCEY of 29,720,000 lb (13,481 mt), the IPHC considered the probability that the spawning biomass will decrease from 2026 to 2028 relative to 2025. Specifically, the IPHC estimated a 26 percent probability of stock decline through 2026, and a 30 percent probability of stock decline through 2027. The IPHC noted that if the recent reference level of fishing intensity was adopted, the probability of a spawning biomass decline was 57 percent by 2026 and 58 percent by 2027. The factors that the IPHC considered in making their TCEY recommendations are described in the 2025 Annual Meeting Report (IPHC-2025-AM101-R; available at https://www.iphc.int ), and the key recommendations are briefly summarized here.

This final rule does not establish the combined commercial and recreational catch limit for Area 2B (British Columbia), which is subject to rulemaking by Canada and British Columbia. However, the IPHC's recommendation for the Area 2B catch limit is directly related to the current and future U.S. catch limits established by this final rule and is therefore discussed herein. The IPHC recommended a 2025 TCEY of 5,450,000 (2,472 mt) for Area 2B, which equates to 18.3 percent of the total coastwide TCEY and is a 15.8 percent reduction from 2024. The IPHC made this recommendation after considering recent harvests in Area 2B, the equal 15.8 percent reduction recommended for the total U.S. areas, and similar factors associated with the stock conditions, commercial fishery and FISS performance, and stock assessment results described above in the 2025 Annual Meeting Report (IPHC-2025-AM101-R; available at https://www.iphc.int ).

The IPHC adopted an allocation for Area 2A that would provide a TCEY of 1,650,000 lb (748 mt). Although the 2025 TCEY in Area 2A remained the same as 2024, the combined commercial, Tribal, and recreational FCEY catch limits increased by 4.1 percent to 1,530,000 (694 mt). This was a result of reduced estimates of commercial directed and non-directed fishery discards in Area 2A for 2025.

For Area 2A, the IPHC noted that a status quo TCEY does not pose a conservation concern for 2025. Additionally, the U.S. Government recognizes its trust responsibility to the 13 treaty tribes in IPHC Regulatory Area 2A that depend upon Pacific halibut. As such, the U.S. Commissioners have consistently supported a TCEY of 1,650,000 lb for Regulatory Area 2A since 2019. This allocation reflects the needs of West Coast Pacific halibut users, with minimal impact on the larger Pacific halibut biomass that is distributed to the north, and it remains a small fraction of the IPHC Biological Region 2 allocation. Stock assessment scientists at the IPHC have affirmed that under the current status of the Pacific halibut stock, a higher TCEY for Regulatory Area 2A than what may be indicated by the modeled stock distribution will not create a conservation concern.

After the allocations for Areas 2A and 2B are accounted for, the IPHC apportioned the remaining TCEY to the Alaska regulatory areas (Areas 2C through Area 4) after considering the distribution of harvestable biomass of halibut based on the FISS, as well as 2024 harvest rates, the recommendations from the IPHC's advisory bodies, public input, and social and economic factors. All Alaska areas decreased in TCEY relative to 2024 (see table 1). The largest decreases were in Areas 3A (−20.1 percent) and 3B (−17.1 percent), while Areas 2C, 4A, 4B, and 4CDE received decreases ranging from −9.8 to −16.8 percent, relative to 2024. The IPHC determined that the 2025 catch limit recommendations are consistent with its conservation objectives for the halibut stock and its management objectives for the halibut fisheries.

The IPHC also considered the catch sharing plan for Area 4CDE developed by the NPFMC in its TCEY recommendation. The Area 4CDE catch limit is determined by subtracting estimates of the Area 4CDE subsistence harvests, commercial discard mortality, and non-directed discard mortality of halibut over 26 inches (66.0 cm) from the area TCEY. When the resulting Area 4CDE catch limit is greater than 1,657,600 lb (752 mt), a direct allocation of 80,000 lb (36 mt) is made to Area 4E to provide CDQ fishermen in that area with additional harvesting opportunity. After this 80,000 lb (36.29 mt) allocation is deducted from the catch limit, the remainder is divided among Areas 4C, 4D, and 4E according to the percentages specified in the catch sharing plan. Those percentages are 46.43 percent each to 4C and 4D and 7.14 percent to 4E. For 2025, after the adjustments for non-directed halibut discards were made, the IPHC recommended a catch limit for Area 4CDE of 1,610,000 lb (730 mt).

The IPHC considers advice from the IPHC's two advisory bodies (the Conference Board and the Processor Advisory Board), as well as direct testimony from the public, when selecting opening and closing dates and times for the commercial halibut fishery. The 2025 commercial halibut fishery opening date for all IPHC regulatory areas is March 20, 2025. The closing date for the commercial halibut fisheries in all IPHC regulatory areas is December 7, 2025. The March 20 commercial season opening date is 5 days later than the March 15 opening in 2024, while the closing date of December 7 is consistent with the closing dates from 2021 through 2024, representing an extension of time beyond the mid-November closing common in the years prior to 2021. The extended season maintains harvesting and market flexibility that stakeholders have identified as important during the current period of uncertainty. The season dates allow for the anticipated time required to fully harvest the commercial halibut catch limits as well as adequate time for IPHC staff to review the complete record of 2025 commercial catch data for use in the stock assessment process. The IPHC also considered the time required for the administrative tasks that are linked to halibut regulations developed independently by the domestic partners when establishing these season dates.

The IPHC retained the time of day for opening the 2025 fishery at 06:00 local time, which is the same as the 2024 fishery. Opening the fishery at 06:00 was in response to recommendations from the IPHC's 2 advisory bodies, which noted that allowing a full day of fishing on March 20 facilitates access to markets and improves fishing efficiency and opportunity.

The NMFS West Coast Region published a proposed rule (89 FR 104959, December 26, 2024), with public comments accepted for 30 days, to approve changes to the Pacific halibut catch sharing plan for Area 2A off Washington, Oregon, and California and implement annual management measures for the Area 2A recreational fishery, as recommended by the PFMC in the catch sharing plan. These annual management measures include recreational fishery subarea allocations and management measures that are not implemented through the IPHC. NMFS will address any comments received in a final rule.

NMFS West Coast Region will separately publish a proposed rule for annual management measures for the Area 2A non-Tribal directed commercial fishery. Management measures will include vessel catch limits, as well as fishing periods that fall within the coastwide commercial season dates set forth in section 9 of the IPHC regulations. Public comments will be accepted and NMFS will address any comments received in a final rule.

Once published, the proposed and final rules for Area 2A will be available on the NMFS West Coast Region's website at https://www.fisheries.noaa.gov/west-coast/commercial-fishing/pacific-halibut-fishing-west-coast and also at https://www.regulations.gov.

In 2014, NMFS implemented a catch sharing plan for Area 2C and Area 3A. The catch sharing plan defines an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A and establishes allocations for each fishery. Under the catch sharing plan, the IPHC adopted combined catch limits (CCL) for the commercial and charter halibut fisheries in Area 2C and Area 3A. Each CCL includes estimates of discard mortality for each fishery. The catch sharing plan was implemented to achieve the halibut fishery management goals of the NPFMC. More information is provided in the final rule implementing the catch sharing plan (78 FR 75844, December 12, 2013). Implementing regulations for the catch sharing plan are at 50 CFR 300.65. The Area 2C and Area 3A catch sharing plan allocations are located in tables 1 through 4 of subpart E of 50 CFR part 300. To allow additional flexibility for individual commercial and charter fishery participants, the catch sharing plan also authorizes annual transfers of commercial halibut IFQ as GAF to charter halibut permit holders for harvest in the charter fishery. Pacific halibut that are retained by charter vessel anglers as GAF are not subject to the annual charter halibut management measures specified in the 2025 IPHC Fishery Regulations. Under the catch sharing plan regulations, charter vessel anglers may use GAF to harvest up to two halibut of any size per day. Complete GAF regulations for the catch sharing plan are at 50 CFR 300.65.

At its January 2025 meeting, the IPHC adopted a CCL of 3,910,000 lb (1,774 mt) for Area 2C. Following the catch sharing plan allocations in tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery is allocated 720,000 (327 mt) of the CCL, and the remainder of the CCL, 3,190,000 lb (1,447 mt), is allocated to the commercial fishery. Discard mortality in the amount of 120,000 lb (54 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 3,070,000 lb (1,393 mt). The commercial allocation (including discard mortality) decreased by 420,000 lb (191 mt), or 11.6 percent, from the 2024 allocation of 3,610,000 lb (1,637 mt). The 2025 Area 2C charter allocation of 720,000 lb (327 mt) is 90,000 lb (41 mt), or 11.1 percent less than the 2024 charter allocation of 810,000 lb (367 mt).

The IPHC adopted a CCL of 7,820,000 lb (3,547 mt) for Area 3A. Following the catch sharing plan allocations in tables 2 and 4 of subpart E of 50 CFR part 300, the charter fishery is allocated 1,480,000 lb (671 mt) of the CCL and the remainder of the CCL, 6,340,000 lb (2,876 mt), is allocated to the commercial fishery. Discard mortality in the amount of 450,000 lb (204 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 5,890,000 lb (2,672 mt). The commercial allocation (including discard mortality) decreased by 1,760,000 lb (798 mt), or 21.7 percent, from the 2024 allocation of 8,100,000 lb (3,674 mt). The 2025 Area 3A charter allocation dropped 410,000 lb (186 mt), or 21.7 percent, from 2024.

Guided sport (charter) halibut anglers are managed under different regulations than unguided recreational halibut anglers in Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR 300.61, a charter vessel angler means a person, paying or non-paying, receiving sport fishing guide services for halibut. Sport fishing guide services means assistance, for compensation or with the intent to receive compensation, to a person who is sport fishing, to take or attempt to take halibut by accompanying or physically directing the sport fisherman in sport fishing activities during any part of a charter vessel fishing trip. A charter vessel fishing trip is the time period between the first deployment of fishing gear into the water from a charter vessel by a charter vessel angler and the offloading of one or more charter vessel anglers or any halibut from that vessel. The charter halibut management measures included in the 2025 IPHC Fishery Regulations described below apply only to charter vessel anglers receiving sport fishing guide services during a charter vessel fishing trip for halibut in Area 2C or Area 3A. These regulations do not apply to unguided recreational anglers in any regulatory area in Alaska, nor to charter vessel anglers in areas other than Areas 2C and 3A.

By way of background, to provide recommendations for annual management measures intended to limit charter harvest to the charter catch allocation, the NPFMC formed the Charter Halibut Management Committee (Committee) as a stakeholder advisory body. The Committee is composed of representatives from the charter fishing industry in Areas 2C and 3A who provide input on the preferred range of charter management measures each year. In October 2024, the Committee began their annual process by requesting analysis of management measures that would result in charter halibut removals within the range of expected allocations for each area. In addition, this annual analysis, which is prepared by the Alaska Department of Fish and Game (ADFG), includes information about charter harvests in the prior year. The Analysis of Management Options for the Area 2C and 3A Charter Halibut Fisheries for 2025 (charter halibut analysis) is available at https://www.npfmc.org/.

After reviewing the charter halibut analysis, the Committee made conservative recommendations for preferred management measures to the NPFMC for 2025. These recommendations were intended to provide equitable harvest opportunity across charter business arrangements and maintain total charter harvests within the 2025 allocations for both Areas 2C and 3A. The NPFMC considered the charter halibut analysis, the recommendations of the Committee, and public testimony to develop its recommendation to the IPHC. The NPFMC has used this process to select and recommend annual charter halibut management measures to the IPHC since 2012.

The IPHC recognizes the role of the NPFMC to develop policy and regulations that allocate the Pacific halibut resource among fishermen in and off Alaska and that NMFS has developed numerous regulations to support the NPFMC's goals of limiting the charter halibut harvest to the charter catch allocation. The IPHC's adopted recommendations are consistent with the recommendations of the NPFMC and the Committee. The IPHC determined that limiting charter harvests by implementing the management measures discussed below would meet conservation and allocation objectives.

For 2025 in Area 2C, the IPHC adopted the continuation of a 1-fish daily bag limit that has been in effect each year for charter vessel anglers since the catch sharing plan was implemented in 2014. This bag limit is combined with a size limit on retained Pacific halibut, day of the week closures, and new regulations for 2025 in Area 2C that specify charter halibut permits and charter vessels may only be used for 1 charter vessel fishing trip per day when one or more anglers on board catch and retain halibut.

The size limit prohibits from taking or possessing any halibut, with head on that is greater than 37 inches (94.0 cm) and less than 80 inches (203.2 cm). All charter halibut size limits referenced in this document are measured in a straight line from the tip of the lower jaw with mouth closed, passing over the pectoral fin, to the extreme end of the middle of the tail. The day of the week closures prohibit the retention of Pacific halibut by charter vessel anglers on Tuesdays from May 13 to September 9, 2025. The charter vessel and charter halibut permit trip limits are discussed further below.

These management measures are more restrictive than the measures implemented in 2024. To develop these measures, the Committee, the NPFMC, and IPHC considered the ADFG analysis that evaluated the performance of prior years' measures, as well as projections of charter halibut fishing effort for 2025. With the above management measures in place, the projected charter harvest is expected to meet the 720,000 lb (327 mt) charter halibut allocation for Area 2C.

For 2025, the IPHC adopted the following management measures for Area 3A: (1) a two-fish daily bag limit that allows 1 fish of any size and a 27 inch (68.6 cm) maximum size limit for the other halibut; (2) a prohibition on halibut retention by charter vessel anglers on all Tuesdays and Wednesdays; and (3) a 1-trip per day limit for charter halibut permits and charter vessels for the entire season. Regarding the day closures, such closures in Area 3A have proven effective in decreasing the charter halibut harvest to help stay within the allocation. The charter vessel and charter halibut permit trip limits are discussed further below.

The Area 3A management measures for 2025 are more conservative than those imposed in 2024 and primarily reflect a 21.7 percent decrease in charter allocation from 2024 to 2025. The NPFMC and IPHC also considered information on charter removals in 2024 and for previous years, as well as the projections of charter harvest in 2025 to determine the management measures in Area 3A. The projected charter harvest for 2025 under the combination of recommended measures is 1,880,000 lb (852.8 mt), which is 10,000 lb (4.5 mt) and 0.5 percent below the charter allocation.

As noted above, in both Area 2C and Area 3A, charter halibut permits and charter vessels in 2025 are authorized for use to catch and retain halibut on one charter halibut fishing trip per day. These regulations have been in place each year since 2016 in Area 3A, and have proven effective in controlling halibut harvests. In 2025, these regulations will apply to both Areas 2C and 3A.

The 2025 IPHC Fishery Regulations contain a definition of charter vessel fishing trip that differs from the definition of that term at 50 CFR 300.61. Namely, for purposes of the trip limits in Areas 2C and 3A in 2025, a charter vessel fishing trip begins the first time Pacific halibut are caught and retained. If no halibut are retained during a charter vessel fishing trip, the charter halibut permit and charter vessel may be used to take an additional trip to catch and retain halibut that day. A charter vessel fishing trip will end at the end of the calendar day, when any angler is offloaded, or when any halibut is offloaded, whichever comes first. A charter halibut permit or charter vessel may conduct overnight trips since charter vessel anglers may retain a bag limit of halibut on two calendar days. But a charter halibut permit or charter vessel cannot be used to begin another overnight trip until the day after the previous charter vessel fishing trip ends.

Also, GAF are exempt from the management measures for charter vessel fishing, including trip limits. Therefore, a charter halibut permit and a charter vessel may be used to harvest GAF on a second charter vessel fishing trip in a day, but only if exclusively GAF are harvested on that trip. Additionally, retention of GAF halibut is allowed on charter vessels on days that are otherwise closed to halibut retention; as noted above, in 2025 these closed days include all Tuesdays from May 13 to September 9 in Area 2C and all Tuesdays and Wednesdays in Area 3A.

The following annual management measures for the 2025 Pacific halibut fishery are those recommended by the IPHC and accepted by the Secretary of State, with the concurrence of the Secretary of Commerce.

These Regulations may be cited as the International Pacific Halibut Commission (IPHC) Fishery Regulations (2025).

(1) These Regulations apply to persons and vessels fishing for Pacific halibut in, or possessing Pacific halibut taken from, the maritime area as defined in Section 3.

(2) Sections 3 to 8 and 29 apply generally to all Pacific halibut fishing.

(3) Sections 9 to 22 apply to commercial fishing for Pacific halibut.

(4) Section 23 applies to Indigenous fisheries in British Columbia.

(5) Section 24 applies to customary and traditional fishing in Alaska.

(6) Sections 25 to 28 apply to recreational (also called sport) fishing for Pacific halibut.

(7) These Regulations do not apply to fishing operations authorized or conducted by the Commission for research purposes.

(1) In these Regulations,

(a) “authorized officer” means any State, Federal, or Provincial officer authorized to enforce these Regulations including, but not limited to, the National Marine Fisheries Service (NOAA Fisheries), Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers (AWT), United States Coast Guard (USCG), Washington Department of Fish and Wildlife (WDFW), the Oregon State Police (OSP), and California Department of Fish and Wildlife (CDFW);

(b) “authorized clearance personnel” means an authorized officer of the United States of America, an authorized representative of the Commission, or a designated fish processor;

(c) “authorized representative of the Commission” means any IPHC employee or contractor authorized to perform any task described in these Regulations.

(d) “charter vessel” outside of Alaska waters means a vessel used for hire in recreational (sport) fishing for Pacific halibut, but not including a vessel without a hired operator, and in Alaska waters means a vessel used while providing or receiving recreational (sport) fishing guide services for Pacific halibut;

(e) “commercial fishing” means fishing, the resulting catch of which is sold or bartered; or is intended to be sold or bartered, other than i) recreational (sport) fishing; ii) treaty Indian ceremonial and subsistence fishing as referred to in Section 23; iii) Indigenous groups fishing in British Columbia as referred to in Section 24; and iv) customary and traditional fishing as referred to in Section 25 and defined by and regulated pursuant to NOAA Fisheries regulations published at 50 CFR part 300;

(f) “Commission” or “IPHC” means the International Pacific Halibut Commission;

(g) “daily bag limit” means the maximum number of Pacific halibut a person may take in any calendar day from Convention waters;

(h) “fishing” means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of gear anywhere in the maritime area;

(i) “fishing period limit” means the maximum amount of Pacific halibut that may be retained and landed by a vessel during one fishing period;

(j) “land” or “offload” with respect to Pacific halibut, means the removal of Pacific halibut from the catching vessel;

(k) “permit” means a Pacific halibut fishing license issued by NOAA Fisheries;

(l) “maritime area,” in respect of the fisheries jurisdiction of a Contracting Party, includes without distinction areas within and seaward of the territorial sea and internal waters of that Party;

(m) “net weight” of a Pacific halibut means the weight of Pacific halibut that is without gills and entrails, head-off, washed, and without ice and slime. If a Pacific halibut is weighed with the head on or with ice and slime, the required conversion factors for calculating net weight are a 2 percent deduction for ice and slime and a 10 percent deduction for the head;

(n) “operator,” with respect to any vessel, means the owner and/or the master or other individual on board and in charge of that vessel;

(o) “overall length” of a vessel means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments);

(p) “person” includes an individual, corporation, firm, or association;

(q) “regulatory area” means an IPHC Regulatory Area referred to in Section 4;

(r) “setline gear” means one or more stationary, buoyed, and anchored lines with hooks attached;

(s) “sport fishing” or “recreational fishing” means all fishing other than i) commercial fishing; ii) treaty Indian ceremonial and subsistence fishing as referred to in Section 23; iii) Indigenous groups fishing in British Columbia as referred to in Section 24; and iv) customary and traditional fishing as referred to in Section 25 and defined in and regulated pursuant to NOAA Fisheries regulations published in 50 CFR part 300;

(t) “tender” means any vessel that buys or obtains fish directly from a catching vessel and transports it to a port of landing or fish processor;

(u) “total constant exploitation yield (TCEY)” means the mortality comprised of Pacific halibut from directed fisheries and that from non-directed fisheries greater than 26 inches (66 cm) in length;

(v) “VMS transmitter” means a NOAA Fisheries-approved vessel monitoring system transmitter that automatically determines a vessel's position and transmits it to a NOAA Fisheries-approved communications service provider. 1

(2) In these Regulations, all bearings are true and all positions are determined by the most recent charts issued by the United States National Ocean Service or the Canadian Hydrographic Service.

The following areas within the IPHC Convention waters shall be defined as IPHC Regulatory Areas for the purposes of the Convention (see Figure 1 ):

(1) IPHC Regulatory Area 2A includes all waters off the states of California, Oregon, and Washington;

(2) IPHC Regulatory Area 2B includes all waters off British Columbia;

(3) IPHC Regulatory Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Spencer Light (58°11′56″ N latitude, 136°38′26″ W longitude) and south and east of a line running 205° true from said light;

(4) IPHC Regulatory Area 3A includes all waters between Area 2C and a line extending from the most northerly point on Cape Aklek (57°41′15″ N latitude, 155°35′00″ W longitude) to Cape Ikolik (57°17′17″ N latitude, 154°47′18″ W longitude), then along the Kodiak Island coastline to Cape Trinity (56°44′50″ N latitude, 154°08′44″ W longitude), then 140° true;

(5) IPHC Regulatory Area 3B includes all waters between Area 3A and a line extending 150° true from Cape Lutke (54°29′00″ N latitude, 164°20′00″ W longitude) and south of 54°49′00″ N latitude in Isanotski Strait;

(6) IPHC Regulatory Area 4A includes all waters in the Gulf of Alaska west of Area 3B and in the Bering Sea west of the closed area defined in Section 10 that are east of 172°00′00″ W longitude and south of 56°20′00″ N latitude;

(7) IPHC Regulatory Area 4B includes all waters in the Bering Sea and the Gulf of Alaska west of IPHC Regulatory Area 4A and south of 56°20′00″ N latitude;

(8) IPHC Regulatory Area 4C includes all waters in the Bering Sea north of IPHC Regulatory Area 4A and north of the closed area defined in Section 10 which are east of 171°00′00″ W longitude, south of 58°00′00″ N latitude, and west of 168°00′00″ W longitude;

(9) IPHC Regulatory Area 4D includes all waters in the Bering Sea north of IPHC Regulatory Areas 4A and 4B, north and west of IPHC Regulatory Area 4C, and west of 168°00′00″ W longitude; and

(10) IPHC Regulatory Area 4E includes all waters in the Bering Sea north and east of the closed area defined in Section 10, east of 168°00′00″ W longitude, and south of 65°34′00″ N latitude.

(1) The Commission has adopted the following distributed mortality (TCEY) limits:

(2) The fishery limits resulting from the IPHC-adopted distributed mortality (TCEY) limits and the existing Contracting Party catch sharing arrangements are as follows, recognizing that each Contracting Party may implement more restrictive limits: **

(1) The Commission is authorized to establish or modify regulations during the season after determining that such action:

(a) will not result in exceeding the fishery limit established preseason for each IPHC Regulatory Area;

(b) is consistent with the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, and applicable domestic law of either Canada or the United States of America; and

(c) is consistent, to the maximum extent practicable, with any domestic catch sharing plans or other domestic allocation programs developed by the governments of Canada or the United States of America.

(2) In-season actions may include, but are not limited to, establishment or modification of the following:

(a) closed areas;

(b) fishing periods;

(c) fishing period limits;

(d) gear restrictions;

(e) recreational (sport) bag limits;

(f) size limits; or

(g) vessel clearances.

(3) In-season changes will be effective at the time and date specified by the Commission.

(4) The Commission will announce in-season actions under this Section by providing notice to major Pacific halibut processors; Federal, State, United States of America treaty Indian, and Provincial fishery officials; and the media.

(5) Notwithstanding paragraphs (3) and (4) of this Section, in IPHC Regulatory Area 2A the USA (NOAA Fisheries) may take in-season action to reallocate the recreational fishery limits between Washington, Oregon, and California after determining that such action will not result in exceeding the overall IPHC Regulatory Area 2A recreational fishery limit and that such action is consistent with any domestic catch sharing plan. Any such reallocation will be announced by the USA (NOAA Fisheries) and published in the Federal Register .

(1) All Pacific halibut that are caught and are not retained shall be immediately released outboard of the roller and returned to the sea with a minimum of injury by:

(a) hook straightening;

(b) cutting the gangion near the hook; or

(c) carefully removing the hook by twisting it from the Pacific halibut with a gaff.

(2) Except that paragraph (1) shall not prohibit the possession of Pacific halibut on board a vessel that has been brought aboard to be measured to determine if the applicable size limit of the Pacific halibut is met and, if not legal-sized, is promptly returned to the sea with a minimum of injury.

(1) Nothing contained in these Regulations prohibits any vessel at any time from retaining and landing a Pacific halibut that bears a Commission external tag at the time of capture, if the Pacific halibut with the tag still attached is reported at the time of landing and made available for examination by an authorized representative of the Commission or by an authorized officer.

(2) After examination and removal of the tag by an authorized representative of the Commission or an authorized officer, the Pacific halibut:

(a) may be retained for personal use; or

(b) may be sold only if the Pacific halibut is caught during commercial Pacific halibut fishing and complies with the other commercial fishing provisions of these Regulations.

(3) Any Pacific halibut that bears a Commission external tag will not count against commercial fishing period limits, Individual Vessel Quota (IVQ), Individual Transferable Quota (ITQ), Community Development Quota (CDQ), or Individual Fishing Quota (IFQ), and are not subject to size limits in these regulations, but should still be recorded in the landing record.

(4) Any Pacific halibut that bears a Commission external tag will not count against recreational (sport) daily bag limits or possession limits, may be retained outside of recreational (sport) fishing seasons, and are not subject to size limits in these regulations.

(5) Any Pacific halibut that bears a Commission external tag will not count against daily bag limits, possession limits, or fishery limits in the fisheries described in Section 22(1)(c), Section 23, or Section 24.

(1) The fishing periods for each IPHC Regulatory Area apply where the fishery limits specified in Section 5 have not been taken.

(2) Unless the Commission specifies otherwise, commercial fishing for Pacific halibut in all IPHC Regulatory Areas may begin no earlier in the year than 06:00 local time on 20 March.

(3) All commercial fishing for Pacific halibut in all IPHC Regulatory Areas shall cease for the year at 23:59 local time on 7 December.

(4) Regulations pertaining to the non-tribal directed commercial fishing  2 periods in IPHC Regulatory Area 2A will be promulgated by NOAA Fisheries and published in the Federal Register . This fishery will occur between the dates and times listed in paragraphs (2) and (3) of this Section.

(5) Notwithstanding paragraph (4) of this Section, an incidental catch fishery  3 is authorized during the sablefish seasons in IPHC Regulatory Area 2A in accordance with regulations promulgated by NOAA Fisheries. This fishery will occur between the dates and times listed in paragraphs (2) and (3) of this Section.

(6) Notwithstanding paragraph (4) of this Section, an incidental catch fishery is authorized during salmon troll seasons in IPHC Regulatory Area 2A in accordance with regulations promulgated by NOAA Fisheries. This fishery will occur between the dates and times listed in paragraphs (2) and (3) of this Section.

All waters in the Bering Sea north of 55°00′00″ N latitude in Isanotski Strait that are enclosed by a line from Cape Sarichef Light (54°36′00″ N latitude, 164°55′42″ W longitude) to a point at 56°20′00″ N latitude, 168°30′00″ W longitude; thence to a point at 58°21′25″ N latitude, 163°00′00″ W longitude; thence to Strogonof Point (56°53′18″ N latitude, 158°50′37″ W longitude); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at Cape Sarichef Light are closed to Pacific halibut fishing and no person shall fish for Pacific halibut therein or have Pacific halibut in his/her possession while in those waters except in the course of a continuous transit across those waters. All waters in Isanotski Strait between 55°00′00″ N latitude and 54°49′00″ N latitude are closed to Pacific halibut fishing.

(1) No person shall engage in fishing for Pacific halibut in any IPHC Regulatory Area other than during the fishing periods set out in Section 9 in respect of that area.

(2) No person shall land or otherwise retain Pacific halibut caught outside a fishing period applicable to the IPHC Regulatory Area where the Pacific halibut was taken.

(3) Subject to paragraphs (7), (8), (9), and (10) of Section 17, these Regulations do not prohibit fishing for any species of fish other than Pacific halibut during the closed periods.

(4) Notwithstanding paragraph (3), no person shall have Pacific halibut in his/her possession while fishing for any other species of fish during the closed periods.

(5) No vessel shall retrieve any Pacific halibut fishing gear during a closed period if the vessel has any Pacific halibut on board.

(6) A vessel that has no Pacific halibut on board may retrieve any Pacific halibut fishing gear during the closed period after the operator notifies an authorized officer or an authorized representative of the Commission prior to that retrieval.

(7) After retrieval of Pacific halibut gear in accordance with paragraph (6), the vessel shall submit to a hold inspection at the discretion of the authorized officer or an authorized representative of the Commission.

(8) No person shall retain any Pacific halibut caught on gear retrieved in accordance with paragraph (6).

(9) No person shall possess Pacific halibut on board a vessel in an IPHC Regulatory Area during a closed period unless that vessel is in continuous transit to or within a port in which that Pacific halibut may be lawfully sold.

(1) Notwithstanding the fishery limits described in Section 5, regulations pertaining to the division of the IPHC Regulatory Area 2A fishery limit between the non-tribal directed commercial fishery and the incidental catch fishery as described in paragraphs (5) and (6) of Section 9 will be promulgated by NOAA Fisheries and published in the Federal Register .

(2) Notwithstanding the fishery limits described in Section 5, the IPHC Regulatory Area 2A non-tribal directed commercial fishery will close when NOAA Fisheries determines and announces in the Federal Register that the fishery limit has been or is projected to be reached, or on the date when fishing must cease as specified in Section 9, whichever is earlier.

(3) Notwithstanding the fishery limits described in Section 5, the commercial fishing in IPHC Regulatory Area 2B will close only when all Individual Vessel Quota (IVQ) and Individual Transferable Quota (ITQ) assigned by DFO are taken, or on the date when fishing must cease as specified in Section 9, whichever is earlier.

(4) Notwithstanding the fishery limits described in Section 5, IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close only when all Individual Fishing Quota (IFQ) and all Community Development Quota (CDQ) issued by NOAA Fisheries have been taken, or on the date when fishing must cease as specified in Section 9, whichever is earlier.

(5) Notwithstanding the fishery limits described in Section 5, the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4E directed commercial fishery is equal to the combined annual fishery limits specified for the IPHC Regulatory Areas 4D and 4E CDQ fisheries and any IPHC Regulatory Area 4D IFQ received by transfer by a CDQ organization. The annual IPHC Regulatory Area 4D fishery limit will decrease by the equivalent amount of CDQ and IFQ received by transfer by a CDQ organization taken in IPHC Regulatory Area 4E in excess of the annual IPHC Regulatory Area 4E fishery limit.

(6) Notwithstanding the fishery limits described in Section 5, the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4D directed commercial fishery is equal to the combined annual fishery limits specified for IPHC Regulatory Areas 4C and 4D. The annual IPHC Regulatory Area 4C fishery limit will decrease by the equivalent amount of Pacific halibut taken in IPHC Regulatory Area 4D in excess of the annual IPHC Regulatory Area 4D fishery limit.

(1) No person shall fish for Pacific halibut from a vessel, nor land or retain Pacific halibut on board a vessel, used for commercial fishing in IPHC Regulatory Area 2A, unless issued a permit valid for fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50 CFR 300 Subpart E.

(2) It shall be unlawful for any vessel to retain more Pacific halibut than authorized by that vessel's permit in any fishing period for which a fishing period limit is announced by NOAA Fisheries in the Federal Register .

(3) The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut to a commercial fish processor, completely offload all Pacific halibut on board said vessel to that processor and ensure that all Pacific halibut is weighed and reported on State fish tickets.

(4) The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut other than to a commercial fish processor, completely offload all Pacific halibut on board said vessel and ensure that all Pacific halibut are weighed and reported on State fish tickets.

(5) The provisions of paragraph (4) are not intended to prevent retail over-the-side sales to individual purchasers so long as all the Pacific halibut on board is ultimately offloaded and reported.

(6) Fishing period limits in IPHC Regulatory Area 2A will be promulgated by NOAA Fisheries and published in the Federal Register and apply only to the non-tribal directed commercial Pacific halibut fishery referred to in paragraph (4) of Section 9.

(1) Section 14 applies only to any person fishing for, or any vessel that is used to fish for, IPHC Regulatory Area 4E Community Development Quota (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ Pacific halibut, or IPHC Regulatory Area 4D Individual Fishing Quota (IFQ) received by transfer by a CDQ organization provided that the total annual Pacific halibut catch of that person or vessel is landed at a port within IPHC Regulatory Areas 4E or 4D.

(2) A person may retain Pacific halibut taken with setline gear that are smaller than the size limit specified in Section 18, provided that no person may sell or barter such Pacific halibut.

(3) The manager of a CDQ organization that authorizes persons to harvest Pacific halibut in the IPHC Regulatory Area 4E or 4D CDQ fisheries or IFQ received by transfer by a CDQ organization must report to the Commission the total number and weight of undersized Pacific halibut taken and retained by such persons pursuant to paragraph (2) of this Section. This report, which shall include data and methodology used to collect the data, must be received by the Commission prior to 1 November of the year in which such Pacific halibut were harvested.

(1) The operator of any vessel that fishes for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in any of these areas, and before the landing of any Pacific halibut caught in any of these areas, unless specifically exempted in paragraphs (10), (13), (14), (15), or (16).

(2) An operator obtaining a vessel clearance required by paragraph (1) must obtain the clearance in person from the authorized clearance personnel and sign the IPHC form documenting that a clearance was obtained, except that when the clearance is obtained via VHF radio referred to in paragraphs (5), (8), and (9), the authorized clearance personnel must sign the IPHC form documenting that the clearance was obtained.

(3) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4A may be obtained only at Nazan Bay on Atka Island, Dutch Harbor, or Akutan, Alaska, from the authorized clearance personnel.

(4) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4B may only be obtained at Nazan Bay on Atka Island or Adak, Alaska, from the authorized clearance personnel.

(5) The vessel clearance required under paragraph (1) prior to fishing in IPHC Regulatory Area 4C or 4D may be obtained only at St. Paul or St. George, Alaska, from the authorized clearance personnel by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

(6) The vessel operator shall specify the specific regulatory area in which fishing will take place.

(7) Before unloading any Pacific halibut caught in IPHC Regulatory Area 4A, a vessel operator may obtain the clearance required under paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting the authorized clearance personnel.

(8) Before unloading any Pacific halibut caught in IPHC Regulatory Area 4B, a vessel operator may obtain the clearance required under paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting the authorized clearance personnel by VHF radio or in person.

(9) Before unloading any Pacific halibut caught in IPHC Regulatory Areas 4C and 4D, a vessel operator may obtain the clearance required under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska, either in person or by contacting the authorized clearance personnel. The clearances obtained in St. Paul or St. George, Alaska, can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

(10) Any vessel operator who complies with the requirements in Section 16 for possessing Pacific halibut on board a vessel that was caught in more than one regulatory area in IPHC Regulatory Area 4 is exempt from the clearance requirements of paragraph (1) of this Section, provided that:

(a) the operator of the vessel obtains a vessel clearance prior to fishing in IPHC Regulatory Area 4 in either Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting the authorized clearance personnel. The clearance obtained in St. Paul, St. George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. This clearance will list the areas in which the vessel will fish; and

(b) before unloading any Pacific halibut from IPHC Regulatory Area 4, the vessel operator obtains a vessel clearance from Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting the authorized clearance personnel. The clearance obtained in St. Paul or St. George can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. The clearance obtained in Adak or Nazan Bay on Atka Island can be obtained by VHF radio.

(11) Vessel clearances shall be obtained between 0600 and 1800 local time.

(12) No Pacific halibut shall be on board the vessel at the time of the clearances required prior to fishing in IPHC Regulatory Area 4.

(13) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Area 4A and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Area 4A is exempt from the clearance requirements of paragraph (1).

(14) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Area 4B and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Area 4B is exempt from the clearance requirements of paragraph (1).

(15) Any vessel that is used to fish for Pacific halibut only in IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the closed area defined in Section 10, is exempt from the clearance requirements of paragraph (1).

(16) Any vessel that carries a NOAA Fisheries observer, a NOAA Fisheries electronic monitoring system, or a transmitting VMS transmitter while fishing for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D and until all Pacific halibut caught in any of these IPHC Regulatory Areas is landed, is exempt from the clearance requirements of paragraph (1) of this Section, provided that:

(a) the operator of the vessel complies with NOAA Fisheries' observer or electronic monitoring regulations published at 50 CFR Subpart E, or vessel monitoring system regulations published at 50 CFR 679.28(f)(3), (4) and (5); and

(b) the operator of the vessel notifies NOAA Fisheries Office for Law Enforcement at 800-304-4846 (select option 1 to speak to an Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) local time within 72 hours before fishing for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation number.

(1) Except as provided in this Section, no person shall possess at the same time on board a vessel Pacific halibut caught in more than one IPHC Regulatory Area.

(2) Pacific halibut caught in more than one of the IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a vessel at the same time only if:

(a) authorized by NOAA Fisheries regulations published at 50 CFR 679.7(f)(4); and

(b) the operator of the vessel identifies the regulatory area in which each Pacific halibut on board was caught by separating Pacific halibut from different areas in the hold, tagging Pacific halibut, or by other means.

(1) No person shall fish for Pacific halibut using any gear other than hook and line gear,

(a) except that a person may retain Pacific halibut taken with longline or single trap gear if such retention is authorized by DFO as defined by Pacific Fishery Regulations and Conditions of Licence; or

(b) except that a person may retain Pacific halibut taken with longline or single pot gear if such retention is authorized by NOAA Fisheries regulations published at 50 CFR part 679.

(2) No person shall possess Pacific halibut taken with any gear other than hook and line gear,

(a) except that a person may possess Pacific halibut taken with longline or single trap gear if such retention is authorized by DFO as defined by Pacific Fishery Regulations and Conditions of Licence; or

(b) except that a person may possess Pacific halibut taken with longline or single pot gear if such possession is authorized by NOAA Fisheries regulations published at 50 CFR part 679.

(3) No person shall possess Pacific halibut while on board a vessel carrying any trawl nets.

(4) All gear marker buoys carried on board or used by any United States of America vessel used for Pacific halibut fishing shall be marked with one of the following:

(a) the vessel's State license number; or

(b) the vessel's registration number.

(5) The markings specified in paragraph (4) shall be in characters at least four inches in height and one-half inch in width in a contrasting color visible above the water and shall be maintained in legible condition.

(6) All gear marker buoys carried on board or used by a Canadian vessel used for Pacific halibut fishing shall be:

(a) floating and visible on the surface of the water; and

(b) legibly marked with the identification plate number of the vessel engaged in commercial fishing from which that setline is being operated.

(7) No person on board a vessel used to fish for any species of fish anywhere in IPHC Regulatory Area 2A during the 72-hour period immediately before the fishing period for the non-tribal directed commercial fishery shall catch or possess Pacific halibut anywhere in those waters during that Pacific halibut fishing period unless, prior to the start of the Pacific halibut fishing period, the vessel has removed its gear from the water and has either:

(a) made a landing and completely offloaded its catch of other fish; or

(b) submitted to a hold inspection by an authorized officer.

(8) No vessel used to fish for any species of fish anywhere in IPHC Regulatory Area 2A during the 72-hour period immediately before the fishing period for the non-tribal directed commercial fishery may be used to catch or possess Pacific halibut anywhere in those waters during that Pacific halibut fishing period unless, prior to the start of the Pacific halibut fishing period, the vessel has removed its gear from the water and has either:

(a) made a landing and completely offloaded its catch of other fish; or

(b) submitted to a hold inspection by an authorized officer.

(9) No person on board a vessel used to fish for any species of fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the Pacific halibut fishing season shall catch or possess Pacific halibut anywhere in those areas until the vessel has removed all of its gear from the water and has either:

(a) made a landing and completely offloaded its entire catch of other fish; or

(b) submitted to a hold inspection by an authorized officer.

(10) No vessel used to fish for any species of fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the Pacific halibut fishing season may be used to catch or possess Pacific halibut anywhere in those areas until the vessel has removed all of its gear from the water and has either:

(a) made a landing and completely offloaded its entire catch of other fish; or

(b) submitted to a hold inspection by an authorized officer.

(11) Notwithstanding any other provision in these Regulations, a person may retain, possess and dispose of Pacific halibut taken with trawl gear only as authorized by Prohibited Species Donation regulations of NOAA Fisheries.

(1) No person shall take or possess any Pacific halibut that:

(a) with the head on, is less than 32 inches (81.3 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 2; or

(b) with the head removed, is less than 24 inches (61.0 cm) as measured from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail, as illustrated in Figure 2.

(2) No person on board a vessel fishing for, or tendering, Pacific halibut in any IPHC Regulatory Area shall possess any Pacific halibut that has had its head removed, except that Pacific halibut frozen at sea with its head removed may be possessed on board a vessel by persons in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if authorized by Federal regulations.

(3) The size limit in paragraph (1)(b) will not be applied to any Pacific halibut that has had its head removed after the operator has landed the Pacific halibut.

(1) The operator of any U.S. vessel fishing for Pacific halibut that has an overall length of 26 feet (7.9 meters) or greater shall maintain an accurate log of Pacific halibut fishing operations.

(2) The operator of a vessel fishing in waters in and off Alaska must use one of the following logbooks:

(a) IPHC Pacific halibut logbook (or logbook previously provided by IPHC) or IPHC-approved electronic equivalent;

(b) catcher vessel longline and pot gear Daily Fishing Logbook, or catcher/processor longline and pot gear Daily Cumulative Production Logbook, in electronic or paper form, provided or approved by NOAA Fisheries;

(c) hook-and-line logbook provided by Alaska Longline Fishermen's Association; or

(d) Alaska Department of Fish and Game (ADFG) longline-pot logbook.

(3) The operator of a vessel fishing in IPHC Regulatory Area 2A must use either:

(a) IPHC Pacific halibut logbook (or logbook previously provided by IPHC) or IPHC-approved electronic equivalent;

(b) Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook; or

(c) Pacific Coast Groundfish non-trawl logbook provided by NOAA Fisheries.

(4) The logbooks referred to in paragraphs (2) and (3) must include the following information:

(a) the name of the vessel and the State (ADFG, WDFW, ODFW, or CDFW) or Tribal ID number;

(b) the date(s) upon which the fishing gear is set or retrieved;

(c) the latitude and longitude coordinates for each set;

(d) the number of skates deployed or retrieved, and number of skates lost; and

(e) the total weight or number of Pacific halibut retained for each set.

(5) The logbooks referred to in paragraphs (2) and (3) shall be:

(a) maintained on board the vessel;

(b) updated not later than 24 hours after 0000 (midnight) local time for each day fished and prior to the offloading or sale of Pacific halibut taken during that fishing trip;

(c) retained for a period of two years by the owner or operator of the vessel;

(d) open to inspection by an authorized officer or an authorized representative of the Commission upon demand;

(e) kept on board the vessel when engaged in Pacific halibut fishing, during transits to port of landing, and until the offloading of all Pacific halibut is completed; and

(f) submitted to the Commission within 30 days of the season closing date if not previously collected by an authorized representative of the Commission or otherwise made available to the Commission.

(6) The log referred to in paragraph (1) does not apply to the incidental Pacific halibut fishery during the salmon troll season in IPHC Regulatory Area 2A defined in paragraph (6) of Section 9.

(7) The operator of any Canadian vessel fishing for Pacific halibut shall maintain an accurate record in the British Columbia Integrated Groundfish Fishing Log.

(8) The log referred to in paragraph (7) must include the following information:

(a) the name of the vessel and the DFO vessel registration number;

(b) the date(s) upon which the fishing gear is set and retrieved;

(c) the latitude and longitude coordinates for each set;

(d) the number of skates deployed or retrieved, and number of skates lost; and

(e) the total weight or number of Pacific halibut retained for each set.

(9) The log referred to in paragraph (7) shall be:

(a) maintained on board the vessel;

(b) retained for a period of two years by the owner or operator of the vessel;

(c) open to inspection by an authorized officer or an authorized representative of the Commission upon demand;

(d) kept on board the vessel when engaged in Pacific halibut fishing, during transits to port of landing, and until the offloading of all Pacific halibut is completed;

(e) submitted to the DFO within seven days of offloading; and

(f) submitted to the Commission within seven days of the final offload if not previously collected by an authorized representative of the Commission.

(10) No person shall make a false entry in a log referred to in this Section.

(11) Writing in a log referred to in this Section shall be clear and legible.

(1) No person shall receive Pacific halibut caught in IPHC Regulatory Area 2A from a United States of America vessel that does not have on board the permit required by Section 13(1).

(2) No person shall possess on board a vessel a Pacific halibut other than whole or with gills and entrails removed, except that this paragraph shall not prohibit the possession on board a vessel of:

(a) Pacific halibut cheeks cut from Pacific halibut caught by persons authorized to process the Pacific halibut on board in accordance with NOAA Fisheries regulations published at 50 CFR part 679;

(b) fillets from Pacific halibut offloaded in accordance with this Section that are possessed on board the harvesting vessel in the port of landing up to 1800 local time on the calendar day following the offload;  4 and

(c) Pacific halibut with their heads removed in accordance with Section 18.

(3) No person shall offload Pacific halibut from a vessel unless the gills and entrails have been removed prior to offloading. 5

(4) It shall be the responsibility of a vessel operator who lands Pacific halibut to continuously and completely offload at a single offload site all Pacific halibut on board the vessel.

(5) A registered buyer (as that term is defined in regulations promulgated by NOAA Fisheries and codified at 50 CFR part 679) who receives Pacific halibut harvested in Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) fisheries in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the vessel operator that harvested such Pacific halibut must weigh all the Pacific halibut received and record the following information on Federal catch reports: date of offload; name of vessel; vessel number (State, Tribal or Federal, not IPHC vessel number); scale weight obtained at the time of offloading, including the scale weight (in pounds) of Pacific halibut purchased by the registered buyer, the scale weight (in pounds) of Pacific halibut offloaded in excess of the IFQ or CDQ, the scale weight of Pacific halibut (in pounds) retained for personal use or for future sale, and the scale weight (in pounds) of Pacific halibut discarded as unfit for human consumption. All Pacific halibut harvested in IFQ or CDQ fisheries in Areas IPHC Regulatory 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, must be weighed with the head on and the head-on weight must be recorded on Federal catch reports as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 18(2).

(6) The first recipient, commercial fish processor, or buyer in the United States of America who purchases or receives Pacific halibut directly from the vessel operator that harvested such Pacific halibut must weigh and record all Pacific halibut received and record the following information on State fish tickets: the date of offload; vessel number (State or Federal, not IPHC vessel number) or Tribal ID number; total weight obtained at the time of offload including the weight (in pounds) of Pacific halibut purchased; the weight (in pounds) of Pacific halibut offloaded in excess of the IFQ, CDQ, or fishing period limits; the weight of Pacific halibut (in pounds) retained for personal use or for future sale; and the weight (in pounds) of Pacific halibut discarded as unfit for human consumption. All Pacific halibut harvested in fisheries in IPHC Regulatory Areas 2A, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E must be weighed with the head on and the head-on weight must be recorded on State fish tickets as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 18(2).

(7) For Pacific halibut landings made in Alaska, the requirements as listed in paragraphs (5) and (6) can be met by recording the information in the Interagency Electronic Reporting Systems, eLandings, in accordance with NOAA Fisheries regulation published at 50 CFR part 679.

(8) The master or operator of a Canadian vessel that was engaged in Pacific halibut fishing must weigh and record all Pacific halibut on board said vessel at the time offloading commences and record on Provincial fish tickets or Federal catch reports: the date; locality; name of vessel; the name(s) of the person(s) from whom the Pacific halibut was purchased; and the scale weight obtained at the time of offloading of all Pacific halibut on board the vessel including the pounds purchased, pounds in excess of Individual Vessel Quota (IVQ) or Individual Transferable Quota (ITQ), pounds retained for personal use, and pounds discarded as unfit for human consumption. All Pacific halibut must be weighed with the head on and the head-on weight must be recorded on the Provincial fish tickets or Federal catch reports as specified in this paragraph, unless the Pacific halibut is frozen at sea and exempt from the head-on landing requirement at Section 18(2).

(9) No person shall make a false entry on a State or Provincial fish ticket or a Federal catch or landing report referred to in paragraphs (5), (6), and (8) of this Section.

(10) A copy of the fish tickets or catch reports referred to in paragraphs (5), (6), and (8) shall be:

(a) retained by the person making them for a period of three years from the date the fish tickets or catch reports are made; and

(b) open to inspection by an authorized officer or an authorized representative of the Commission.

(11) No person shall possess any Pacific halibut taken or retained in contravention of these Regulations.

(12) When Pacific halibut are landed to other than a commercial fish processor, the records required by paragraph (6) shall be maintained by the operator of the vessel from which that Pacific halibut was caught, in compliance with paragraph (10).

(13) No person shall tag Pacific halibut unless the tagging is authorized by IPHC or by a Federal or State agency.

(1) The unloading and weighing of Pacific halibut may be subject to the supervision of authorized officers to assure the fulfillment of the provisions of these Regulations.

(2) The unloading and weighing of Pacific halibut may be subject to sampling by an authorized representative of the Commission.

(1) Pacific halibut fishing in IPHC Regulatory Area Subarea 2A-1 by members of United States treaty Indian tribes located in the State of Washington shall be regulated under regulations promulgated by NOAA Fisheries and published in the Federal Register :

(a) Subarea 2A-1 includes the usual and accustomed fishing areas for Pacific Coast treaty tribes off the coast of Washington and all inland marine waters of Washington north of Point Chehalis (46°53.30′ N lat.), including Puget Sound. Boundaries of a tribe's fishing area may be revised as ordered by a United States Federal court;

(b) Section 13(1) does not apply to commercial fishing for Pacific halibut in Subarea 2A-1 by Indian tribes; and

(c) ceremonial and subsistence fishing for Pacific halibut in Subarea 2A-1 is permitted with hook and line gear from 1 January through 31 December.

(2) In IPHC Regulatory Area 2C, the Metlakatla Indian Community has been authorized by the United States Government to conduct a commercial Pacific halibut fishery within the Annette Islands Reserve. Fishing periods for this fishery are announced by the Metlakatla Indian Community and the Bureau of Indian Affairs. Landings in this fishery are accounted with the commercial landings for IPHC Regulatory Area 2C.

(3) Section 7 (careful release of Pacific halibut), Section 17 (fishing gear), except paragraphs (7) and (8) of Section 17, Section 18 (size limits), Section 19 (logs), and Section 20 (receipt and possession of Pacific halibut) apply to commercial fishing for Pacific halibut by Indian tribes.

(4) Regulations in paragraph (3) of this Section that apply to State fish tickets apply to Tribal tickets that are authorized by WDFW and ADFG.

(5) Commercial fishing for Pacific halibut is permitted with hook and line gear between the dates specified in Section 9 paragraphs (2) and (3), or until the applicable fishery limit specified in Section 5 is taken, whichever occurs first.

(1) Fishing for Pacific halibut for food, social and ceremonial purposes by Indigenous groups in IPHC Regulatory Area 2B shall be governed by the Fisheries Act of Canada and regulations as amended from time to time.

(1) Customary and traditional fishing for Pacific halibut in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to regulations promulgated by NOAA Fisheries and published in 50 CFR part 300.

(2) Customary and traditional fishing is authorized from 1 January through 31 December.

(1) No person shall engage in recreational (sport) fishing for Pacific halibut using gear other than a single line with no more than two hooks attached; or a spear.

(2) Any size limit promulgated under IPHC or domestic regulations shall be measured in a straight line passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail as depicted in Figure 2.

(3) Any Pacific halibut brought aboard a vessel and not immediately returned to the sea with a minimum of injury will be included in the daily bag limit of the person catching the Pacific halibut.

(4) No person may possess Pacific halibut on a vessel while fishing in a closed area.

(5) No Pacific halibut caught by recreational (sport) fishing shall be offered for sale, sold, traded, or bartered.

(6) No Pacific halibut caught in recreational (sport) fishing shall be possessed on board a vessel when other fish or shellfish aboard said vessel are destined for commercial use, sale, trade, or barter.

(7) The operator of a charter vessel shall be liable for any violations of these Regulations committed by an angler on board said vessel. In Alaska, the charter vessel guide, as defined in 50 CFR 300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be liable for any violation of these Regulations committed by an angler on board a charter vessel.

(1) The Commission shall determine and announce closing dates to the public for any area in which the fishery limits promulgated by NOAA Fisheries are estimated to have been taken.

(2) When the Commission has determined that a subquota under paragraph (7) of this Section is estimated to have been taken, and has announced a date on which the season will close, no person shall recreational (sport) fish for Pacific halibut in that area after that date for the rest of the year, unless a reopening of that area for recreational (sport) Pacific halibut fishing is scheduled in accordance with the Catch Sharing Plan for IPHC Regulatory Area 2A, or announced by the Commission.

(3) No person shall fish for Pacific halibut from a vessel, nor land or retain Pacific halibut on board a vessel, used as a charter vessel in IPHC Regulatory Area 2A, unless issued a permit valid for fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50 CFR 300 Subpart E.

(4) In California, Oregon, or Washington, no person shall fillet, mutilate, or otherwise disfigure a Pacific halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

(5) The possession limit on a vessel for Pacific halibut in the waters off the coast of Washington is the same as the daily bag limit. The possession limit for Pacific halibut on land in Washington is two daily bag limits.

(6) The possession limit on a vessel for Pacific halibut caught in the waters off the coast of Oregon is the same as the daily bag limit. The possession limit for Pacific halibut on land in Oregon is three daily bag limits.

(7) The possession limit on a vessel for Pacific halibut caught in the waters off the coast of California is one daily bag limit. The possession limit for Pacific halibut on land in California is one daily bag limit.

(8) Specific regulations describing fishing periods, fishery limits, fishing dates, and daily bag limits are promulgated by NOAA Fisheries and published in the Federal Register .

(1) In all waters off British Columbia:  6 7

(a) the recreational (sport) fishing season will open on 1 February;

(b) the recreational (sport) fishing season will close when the recreational (sport) fishery limit allocated by DFO is taken, or 31 December, whichever is earlier; and

(c) the daily bag limit is two (2) Pacific halibut of any size per day, per person, and may be increased to a daily bag limit of three (3) Pacific halibut per day, per person on or after 1 August. This provision shall remain in effect through 2025, unless extended by a vote of the Commission.

(2) In British Columbia, no person shall fillet, mutilate, or otherwise disfigure a Pacific halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

(3) The possession limit for Pacific halibut in the waters off the coast of British Columbia is three Pacific halibut. 6 7

(1) In Convention waters in and off Alaska:  8 9

(a) the recreational (sport) fishing season is from 1 February to 31 December;

(b) the daily bag limit is two Pacific halibut of any size per day per person unless a more restrictive bag limit applies in Commission regulations or Federal regulations at 50 CFR 300.65;

(c) no person may possess more than two daily bag limits;

(d) no person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, Pacific halibut that have been filleted, mutilated, or otherwise disfigured in any manner, except that each Pacific halibut may be cut into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on each piece, naturally attached. Either one dorsal piece or one ventral piece from one Pacific halibut on board may be consumed;

(e) Pacific halibut in excess of the possession limit in paragraph (1)(c) of this Section may be possessed on a vessel that does not contain recreational (sport) fishing gear, fishing rods, hand lines, or gaffs;

(f) Pacific halibut harvested on a charter vessel fishing trip in IPHC Regulatory Areas 2C or 3A must be retained on board the charter vessel on which the Pacific halibut was caught until the end of the charter vessel fishing trip as defined at 50 CFR 300.61;

(g) guided angler fish (GAF), as described at 50 CFR 300.65, may be used to allow a charter vessel angler to harvest additional Pacific halibut up to the limits in place for unguided anglers, and are exempt from the requirements in paragraphs (2) and (3) of this Section;

(h) if there is an annual limit on the number of Pacific halibut that may be retained by a charter vessel angler as defined at 50 CFR 300.61, for purposes of enforcing the annual limit, each charter vessel angler must:

(1) maintain a nontransferable harvest record in the angler's possession if retaining a Pacific halibut for which an annual limit has been established. Such harvest record must be maintained either on the angler's State of Alaska recreational (sport) fishing license, an ADFG approved electronic harvest record, or on a Sport Fishing Harvest Record Card obtained, without charge, from ADFG offices, the ADFG website, or fishing license vendors;

(2) immediately upon retaining a Pacific halibut for which an annual limit has been established, permanently and legibly record the date, location (IPHC Regulatory Area), and species of the catch (Pacific halibut) on the harvest record; and

(3) record the information required by paragraph 1(h)(2) on any duplicate or additional recreational (sport) fishing license issued to the angler, duplicate electronic harvest record, or any duplicate or additional Sport Fishing Harvest Record Card obtained by the angler for all Pacific halibut previously retained during that year that were subject to the harvest record reporting requirements of this Section; and

(i) in IPHC Regulatory Areas 2C and 3A:

(1) a “charter halibut permit” as defined at 50 CFR 300.61 may only be used for one charter vessel fishing trip in which Pacific halibut are caught and retained per calendar day;

(2) a “charter vessel” as defined at 50 CFR 300.61 may only be used for one charter vessel fishing trip in which Pacific halibut are caught and retained per calendar day; and

(3) for purposes of subsections (1) and (2) of this paragraph, a “charter vessel fishing trip” is defined as the time period between: (a) the first time Pacific halibut are caught and retained on a charter vessel by a charter vessel angler (as defined at 50 CFR 300.61); and (b) whichever comes first: 2359 (Alaska local time) on the same calendar day that the charter vessel fishing trip began; when any charter vessel angler is offloaded from the charter vessel; or when Pacific halibut are offloaded from the charter vessel.

(2) For guided recreational (sport) fishing (as referred to in 50 CFR 300.65) in IPHC Regulatory Area 2C:

(a) no person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than one Pacific halibut per calendar day;

(b) no person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain any Pacific halibut that with head on is greater than 37 inches (94.0 cm) and less than 80 inches (203.2 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail; and

(c) no person on board a charter vessel may catch and retain Pacific halibut on any Tuesday from 13 May to 9 September in 2025.

(3) For guided recreational (sport) fishing (as referred to in 50 CFR 300.65) in IPHC Regulatory Area 3A:

(a) no person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than two Pacific halibut per calendar day;

(b) at least one of the retained Pacific halibut must have a head-on length of no more than 27 inches (68.6 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail. If a person recreational (sport) fishing on a charter vessel in IPHC Regulatory Area 3A retains only one Pacific halibut in a calendar day, that Pacific halibut may be of any length; and

(c) no person on board a charter vessel may catch and retain Pacific halibut on any Tuesday or Wednesday in 2025.

These Regulations shall supersede all previous regulations of the Commission, and these Regulations shall be effective each succeeding year until superseded.

These IPHC annual management measures are a product of an agreement between the United States and Canada and are published in the Federal Register to provide notice of their effectiveness and content. Pursuant to Section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce, may only accept or reject these recommendations of the IPHC. These regulations become effective when such acceptance and concurrence occur. The notice-and-comment and delay-in-effectiveness date provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(b) and (d), are inapplicable to IPHC management measures because these regulations involve a foreign affairs function of the United States, 5 U.S.C. 553(a)(1). The Secretary of State has no discretion to modify the recommendations of the IPHC. The additional time necessary to comply with the notice-and-comment and delay-in-effectiveness requirements of the APA would disrupt coordinated international conservation and management of the halibut fishery pursuant to the Convention and the Northern Pacific Halibut Act of 1982.

The publication of these regulations in the Federal Register provide the affected public with notice that the IPHC management measures are in effect. Furthermore, no other law requires prior notice and public comment for this rule. Because 5 U.S.C. 553 or any other law does not require prior notice and an opportunity for public comment for this notification of the effectiveness of the IPHC's 2025 management measures, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. This final rule is exempt from review under Executive Order 12866.

The Paperwork Reduction Act of 1995 requires consideration of the impact of recordkeeping and other information collection burdens imposed on the public. Alaska state law establishes information collection requirements regarding harvest records for individual recreational anglers. See Alaska Admin. Code tit. 5, section 75.006(a) (2023). This final rule contains no new recordkeeping requirements beyond those contained in existing Alaska State or Federal law and therefore involves no additional collection of information burden. Moreover, because there is, at present, no annual limit on the number of Pacific halibut that may be retained by a charter vessel angler as defined at 50 CFR 300.61, the recordkeeping requirements referenced in section 29(1)(h) of the IPHC's Annual Management Measures do not apply during 2025.

The snapper-grouper fishery of the South Atlantic includes snowy grouper and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and NMFS, was approved by the Secretary of Commerce, and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Regulations at 50 CFR 622.193(b)(2) specify the 2025 recreational ACL for snowy grouper and the recreational AMs. The recreational AM states that if recreational landings of snowy grouper exceed its ACL, then NMFS will reduce the recreational fishing season during the following fishing year to prevent recreational landings from again exceeding the recreational ACL [50 CFR 622.193(b)(2)(ii)]. On January 2, 2024, NMFS implemented the final rule for Amendment 51 to the FMP (88 FR 83860, December 1, 2023). One of the measures implemented by that final rule reduced the recreational ACL to 1,713 fish for 2025. The final rule also revised the recreational AMs for the species. If recreational landings exceed the recreational ACL, NMFS would reduce the length of the recreational fishing season in the following year by the amount necessary to prevent the recreational ACL from being exceeded. Because this condition was met in 2024, NMFS is reducing the length of the 2025 recreational season to prevent the recreational ACL from being exceeded.

The 2025 recreational season for snowy grouper will start on May 1 and normally would continue through June 30. However, data from the NMFS Southeast Fisheries Science Center have informed NMFS' projection that recreational landings will reach the recreational ACL for 2025 by June 9. Therefore, NMFS announces that the recreational season for snowy grouper in South Atlantic Federal waters will be closed beginning on June 9 and continues through December 31, 2025. During the recreational closure, the bag and possession limits for snowy grouper in or from South Atlantic Federal waters are zero. The next recreational fishing season for snowy grouper begins on May 1, 2026.

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(c)(2)(ii), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866.

Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule that established the recreational AM for snowy grouper has already been subject to public notice and comment, and all that remains is to notify the public of the end date of the recreational season. Prior notice and opportunity for public comment on this action is contrary to the public interest because of the need to protect the resource of South Atlantic snowy grouper. Additionally, providing as much advance notice to the public of this shortened fishing season and closure allows recreational fishermen, including businesses that operate charter vessels and headboats, to prepare for the change to the recreational season for snowy grouper and to schedule or reschedule their trips.

Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.111. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102, and the final 2025 allocations were published on December 10, 2024 (89 FR 99138).

The final rule implementing Amendment 5 to the FMP, as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider three criteria in the evaluation of requests for quota transfers or combinations: (1) the transfers or combinations would not preclude the overall annual quota from being fully harvested; (2) the transfers address an unforeseen variation or contingency in the fishery; and (3) the transfers are consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Regional Administrator has determined these three criteria have been met for the transfer approved in this notification.

North Carolina is transferring 3,520 pounds (lb; 1,597 kilograms (kg)) of summer flounder to Virginia through a mutual agreement between the states. This transfer was requested to repay landings made by an out-of-state permitted vessel under a safe harbor agreement. The revised summer flounder quotas for 2025 are: North Carolina, 2,408,923 lb (1,092,669 kg); and Virginia, 1,877,227 lb (851,496 kg).

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i) through (iv), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempted from review under Executive Order 12866.