Rule2024-04965
Fisheries Off West Coast States; Emergency Action To Temporarily Modify Continuous Transit Limitations for California Recreational Vessels
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 1, 2024
Effective
April 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This emergency rule temporarily modifies a continuous transit requirement for California recreational vessels. This modification will temporarily allow recreational vessels to anchor overnight and/or stop to fish for non-groundfish species inside the seasonal Recreational Rockfish Conservation Area off the coast of California, also known as the 50-fathom (91-meter) offshore fishery. This emergency measure will prevent the possible cancellation of thousands of recreational fishing trips during the 2024 recreational fishing season off California.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Rules and Regulations]
[Pages 22352-22355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04965]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240229-0063]
RIN 0648-BL80
Fisheries Off West Coast States; Emergency Action To Temporarily
Modify Continuous Transit Limitations for California Recreational
Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
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SUMMARY: This emergency rule temporarily modifies a continuous transit
requirement for California recreational vessels. This modification will
temporarily allow recreational vessels to anchor overnight and/or stop
to fish for non-groundfish species inside the seasonal Recreational
Rockfish Conservation Area off the coast of California, also known as
the 50-fathom (91-meter) offshore fishery. This emergency measure will
prevent the possible cancellation of thousands of recreational fishing
trips during the 2024 recreational fishing season off California.
DATES: Effective April 1, 2024 until September 30, 2024. Comments must
be submitted by May 1, 2024.
ADDRESSES:
Electronic Access
This emergency rule is accessible via the internet at the Office of
the Federal Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>. The
continuing environmental effects of the California recreational fishery
were previously considered under the Environmental Assessment for
Amendment 30 to the Pacific Coast Groundfish Fishery Management Plan,
2023-2024 Harvest Specifications, and Management Measures. This
document is available on the NMFS West Coast Region website at: <a href="https://www.fisheries.noaa.gov/species/west-coast-groundfish.html">https://www.fisheries.noaa.gov/species/west-coast-groundfish.html</a>.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-900-2060, or
email: <a href="/cdn-cgi/l/email-protection#cca0b5a2a2e2a1adbfbfa9b58ca2a3adade2aba3ba"><span class="__cf_email__" data-cfemail="9cf0e5f2f2b2f1fdefeff9e5dcf2f3fdfdb2fbf3ea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Pacific Coast Groundfish fishery in the
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California is managed under the Pacific Coast Groundfish Fishery
Management Plan (FMP). The Pacific Fishery Management Council (Council)
developed the Pacific Coast Groundfish FMP pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq. The Secretary of Commerce approved the Pacific
Coast Groundfish FMP and implemented the provisions of the plan through
Federal regulations at 50 CFR part 660, subparts C through G. Species
managed under the Pacific Coast Groundfish FMP include more than 90
species of roundfish, flatfish, rockfish, sharks, and skates.
The recreational fishery sector off the California coast benefits
the economy through tourism, bait and tackle sales, and other commerce
that brings income to California coastal fishing communities. NMFS, the
Council, and the California Department of Fish and Wildlife (CDFW)
manage recreational fisheries within five districts: the Northern
Management Area between 42[deg] North latitude (N lat.) and 40[deg]10'
N lat., the Mendocino Management Area between 40[deg]10' N lat. and
38[deg]57.50' N lat., the San Francisco Management Area between
38[deg]57.50' N lat. and 37[deg]11' N lat., the Central Management Area
between 37[deg]11' N lat. and 34[deg]27' N lat., and the Southern
Management Area between 34[deg]27' N lat. and the U.S./Mexico border.
The California recreational groundfish fishery primarily targets
lingcod, nearshore rockfish, and shelf rockfish with hook-and-line
gear. Primary catch controls for this fishery include season dates,
depth closures, bag limits, and area closures, all of which are tools
used to keep catch
[[Page 22353]]
within state-specific quotas and Federal annual catch limits.
At its September 2023 meeting, the Council recommended the
immediate use of an available management measure known as the
``offshore fishery'' that would prohibit California recreational
fishing vessels from fishing shoreward of the Recreational Rockfish
Conservation Area (RCA) line (i.e., the 50 fathom (fm, 91 meter (m)))
depth contour for the remainder of 2023. NMFS implemented this
recommendation on October 2, 2023 (88 FR 67656); the extended season
structure of the California recreational offshore fishery is in place
until changed, so applies to 2024 and beyond. The purpose of the
Council's proposed action was to protect nearshore-dwelling quillback
rockfish, a species that was declared overfished by NMFS in December
2023. The continuous transit aspect of the management measure (see 50
CFR 660.360(c)(3)(i)(a)) prohibits recreational vessels from stopping
or loitering in a closed area; thus, here, vessels must be continuously
transiting when shoreward of the 50 fm (91 m) depth contour specified
in 50 CFR 660.72, which is typically on their way back to port after
fishing in Federal waters. NMFS implemented the offshore fishery and
associated continuous transit requirement off of California to protect
quillback rockfish on October 2, 2023 (88 FR 67656, October 2, 2023).
NMFS's action was consistent with a California state action implemented
on August 21, 2023, that similarly enacted an ``offshore only'' fishery
for state managed waters (see <a href="https://www.wildlife.ca.gov/Notices/Regulations/Rockfish">https://www.wildlife.ca.gov/Notices/Regulations/Rockfish</a>).
At the time the Council and its advisory bodies began discussing
the use of the offshore fishery management measure, the Council's
Groundfish Advisory Subpanel (GAP) voiced concerns that the continuous
transit requirement that would take effect off the coast of California,
in addition to similar transit rules that were applicable in California
state waters at the time, would prevent recreational vessels from: (1)
anchoring shoreward of 50 fm (91 m) overnight (for safety reasons or
planned on multi-day charter trips) and (2) anchoring to fish for non-
groundfish species (e.g., lobster with traps) shoreward of 50 fm (91
m), which was not expected to impact quillback rockfish. The GAP
members asserted that the lack of ability to do these activities could
create significant safety-at-sea concerns and could force charter
companies to cancel fishing trips that typically offer a variety of
target species, both groundfish and non-groundfish.
As described in the 2023-2024 groundfish specifications rulemaking
(87 FR 62676, October 14, 2022), participating in an offshore fishery
requires substantially more transit time and fuel costs. Increased
transit time reduces the time available for fishing, which reduces the
overall possible catch. Multi-day trips can partially mitigate the
economic costs of the offshore fishery, and to do so, anchoring
overnight is a necessity. The current regulation requires vessels to
remain seaward of 50 fathoms (91 m) if recreational groundfish fishing
has already occurred, which can restrict anchoring location options and
could create safety concerns.
Additionally, in the 2023-2024 groundfish specifications biennium,
there have been several constraining groundfish species in the
recreational fisheries. See 87 FR 62676 (October 14, 2022) (discussing
constraints due to Copper rockfish and quillback rockfish); 88 FR 67656
(October 2, 2023) (discussing constraints due to vermilion/sunset
rockfish). Recreational bag limits and seasons have changed
substantially compared to previous biennium, which has augmented the
value for recreational fishery participants to be able to take multi-
target trips and have the flexibility to seek both groundfish and non-
groundfish targets.
The GAP therefore asked the Council to make changes to the
regulations within the upcoming 2025-26 harvest specifications
rulemaking package that would allow recreational vessels to anchor and
fish for non-groundfish species even when an offshore fishery
management measure was in effect. They also expressed an urgent need
for this issue to be addressed immediately, as the 2025-26 harvest
specifications and management measures action will not be in place
until 2025 and thus would not address the issue for the 2024 fishing
season. CDFW took emergency state action to address these concerns in
state waters, with the new regulations going into effect on October 30,
2023 (see <a href="https://www.wildlife.ca.gov/Notices/Regulations/Rockfish">https://www.wildlife.ca.gov/Notices/Regulations/Rockfish</a>).
If not addressed for the 2024 fishing season, recreational vessels
off California would not be able to legally anchor in Federal waters
inside the recreational RCA, which would restrict the option of
conducting multi-day trips and/or multi-target trips. During the 2022
fishing season, CDFW estimated that approximately 6,936 multi-day
groundfish trips and 20,320 groundfish/non-groundfish combination
fishing trips, respectively, occurred across both the party charter and
private/rental sectors. These trip numbers are considered minimum
estimates, as data to inform the number of multi-day trips and
groundfish/non-groundfish combination trips is limited. Without action
to modify the continuous transit requirement, recreational fishery
participants would have a much narrower suite of trip types and target
types available, which may not provide enough incentive for trips to
occur given higher transit times and fuel costs to go farther offshore.
As noted above, there are currently multiple constraining groundfish
species that have resulted in reduced recreational fishing seasons and
reduced fishing targets (e.g., bag limits). If overall recreational
fishing trips are greatly reduced, fishery participants and fishing
communities in California will potentially see substantial economic
losses.
Emergency Measures
In Federal waters, addressing this request would require a
modification to 50 CFR 660.360(c)(3)(i)(a) that requires recreational
vessels to continuously transit while shoreward of the RCA boundary.
Under this emergency measure, for 180 days after the publication of
this emergency rule, recreational vessels in California would be
allowed to stop and/or anchor in Federal waters shoreward of the
Recreational RCA line but would not be able to deploy groundfish
recreational gear inside the recreational RCA. Therefore, this action
would not create any new risks of quillback rockfish mortality
(assuming full compliance with the prohibition to fish for groundfish
shoreward of 50 fm (91 m)). To provide the needed relief, a change to
this requirement must be in place before April 1, 2024, when the
recreational fishery opens in the Southern management area off of
California (the season opens between May 1 and May 15 in the remaining
management areas). Hook-and-line gear is the primary gear type used by
recreational vessels to target groundfish; therefore, prohibiting its
deployment while inside the recreational RCA would enforce the modified
transit provisions while still allowing vessels to use other gear types
for non-groundfish fishing (e.g., traps for lobster or hoop nets for
bait fish). This emergency rule would not change any other elements of
the California recreational fishery.
Emergency Action Authority
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
of Commerce to implement emergency regulations to address fishery
[[Page 22354]]
emergencies. NMFS policy guidelines for the use of emergency rules
define criteria for determining whether an emergency exists under
section 305(c) of the Magnuson-Stevens Act (62 FR 44421, August 21,
1997). Under NMFS' Policy Guidelines for the Use of Emergency Rules,
the phrase ``an emergency exists involving any fishery'' is defined as
a situation that meets the following three criteria:
1. Results from recent, unforeseen events or recently discovered
circumstances;
2. Presents serious conservation or management problems in the
fishery; and
3. Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rule making
process.
In addition, the Magnuson-Stevens Act section 305(c)(3) can allow
for an extension of an emergency rule for an additional 186 days if the
public has had the opportunity to comment and, in the case of a Council
recommendation for emergency regulations or interim measures, the
council is actively preparing a fishery management plan, plan
amendment, or proposed regulations to address the emergency or
overfishing on a permanent basis.
Rationale
Under Amendment 31 to the FMP, California quillback rockfish off
California was determined to be a stock in need of conservation and
management (88 FR 78677, November 16, 2023). California quillback
rockfish was declared overfished on December 14, 2023. In the interim
while a rebuilding plan is developed, the Council, CDFW, and NMFS
implemented several inseason measures in 2023 to modify the regulations
for the California recreational and commercial fisheries in Federal and
state waters to limit the mortality of quillback rockfish. At the time
of the creation of the offshore fishery concept in the 2023-2024
groundfish harvest specifications and management measures action (87 FR
77007, December 16, 2022), it was unforeseen how much of the
recreational fishing season would need to be prosecuted via the
offshore fishery based on quillback rockfish mortality. The level of
allowable catch of this stock is at an unprecedented low level and very
little information is available to determine the projected success of
various catch and effort controls to such a low target. Recreational
catch data in the fall of 2023 indicated immediate action was necessary
to move the recreational fishery offshore.
In this first use of the offshore fishery, which occurred earlier
in the season than expected, the full extent of the continuous transit
issue was discovered. It was unforeseen how an extended fishing season
in the offshore fishery coupled with a continuous transit requirement
would negatively impact the recreational fishery. Having a substantial
portion of the California recreational fishery take place offshore
coupled with the continuous transit requirement presents a serious
management problem for the fishery by reducing the types of
recreational fishing trips that could be prosecuted in light of
multiple fishery restrictions. With fewer options for groundfish
recreational fishing trips, fishery participants may determine the
economic costs are not worth the value of the trip, which would reduce
the economic benefits of recreational fishing flowing through fishing
communities. Because the modification in this emergency rule would
still prohibit groundfish recreational gear from being deployed
shoreward of the recreational RCA, there are no expected additional
impacts to quillback rockfish mortality (assuming full compliance with
the prohibition to fish for groundfish shoreward of 50 fm (91 m)). The
non-groundfish targets that may be included in a multi-target
recreational trip are not known to catch quillback rockfish.
The continuous transit requirement can be addressed with an
emergency rule to alleviate negative economic impacts for the 2024
fishing season. Other action pathways, such as an inseason action, were
not available because continuous transit is not designated as a routine
management measure appropriate for the processes laid out in Sec.
660.60. The urgent need for a temporary modification to mitigate
substantial economic costs outweighs the benefit of advance public
notice and public comment. In light of best available information, the
status of the recreational fishery off of California, and the potential
social and economic costs of maintaining the existing continuous
transit requirement, NMFS finds that an emergency exists, and
regulations are necessary to address the emergency.
Renewal of Emergency Regulations
The Magnuson-Stevens Act limits NMFS's emergency action authority
to an initial period of 180 days, with a potential extension up to an
additional 186 days, if warranted. The public has an opportunity to
comment on the initial emergency action (see ADDRESSES). After
considering public comments on this emergency rule, NMFS may take
action to extend the emergency measures before expiration.
Classification
The NMFS Assistant Administrator has determined that this emergency
rule is consistent with the Pacific Coast Groundfish FMP, section
305(c) and other provisions of the Magnuson-Stevens Act, the
Administrative Procedure Act (APA), and other applicable law. Pursuant
to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries finds
prior notice and public comment is not required because it would be
impracticable and contrary to the public interest. This rule must be in
place by the start of the recreational fishing season, which is April
1, 2024, for the Southern Management Area. Therefore, delaying the
implementation of this emergency rule would cause the recreational
fishing season to start in this management area without modified
transit provisions in place. Modifying the continuous transit
requirement for California recreational vessels would not pose a
conservation risk; it would allow recreational vessels to continue to
utilize multi-day and multi-target trips even when the offshore fishery
is in place. The impacts of the California recreational fisheries have
been prior analyzed in the EA for Amendment 30 to the Pacific Coast
Groundfish Fishery Management Plan, 2023-2024 Harvest Specifications,
and Management Measures.
Additionally, this rule is excepted from the 30-day delayed
effectiveness provision of the APA under 5 U.S.C. 553(d)(1) because it
relieves a restriction that would otherwise place California
recreational vessels at an economic disadvantage in 2024. Immediate
implementation of this rule is necessary to prevent the possible
cancellation of thousands of fishing trips that could otherwise occur
if not for the current continuous transit requirement.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from Office of Management and
Budget review.
The Regulatory Flexibility Act does not apply to this emergency
rule because prior notice and opportunity for public comment is not
required.
This emergency/interim rule contains no information collection
requirements under the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Fishing vessels.
[[Page 22355]]
Dated: February 29, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.360, add paragraph (c)(3)(i)(A)(6) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(6) Emergency rule revising continuous transit requirement.
Effective April 1, 2024 until September 30, 2024, notwithstanding any
other section of these regulations, in times and areas where a
recreational RCA is closed shoreward of a recreational RCA line (i.e.,
when an ``off-shore only'' fishery is active in that management area)
vessels may stop, anchor in, or transit through waters shoreward of the
recreational RCA line so long as they do not have any hook-and-line
fishing gear in the water.
* * * * *
[FR Doc. 2024-04965 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-22-P
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