Rule2024-11989
Fisheries Off West Coast States; the Highly Migratory Species Fishery; El Nino Pacific Loggerhead Conservation Area Closure
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 31, 2024
Effective
June 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is prohibiting fishing with large-mesh drift gillnet (DGN) gear (>=14 inches mesh) off the coast of southern California east of 120[deg] W meridian from June 1, 2024, through August 31, 2024. This prohibition is based on the Assistant Administrator for Fisheries' (AA's) determination that El Ni[ntilde]o conditions are occurring off the coast of southern California. This action is intended to protect Endangered Species Act-listed loggerhead sea turtles (Caretta caretta), specifically, the endangered North Pacific Ocean Distinct Population Segment.
Full Text
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<title>Federal Register, Volume 89 Issue 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47106-47107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11989]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 031125294-4091-02]
RIN 0648-XD988
Fisheries Off West Coast States; the Highly Migratory Species
Fishery; El Nino Pacific Loggerhead Conservation Area Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting fishing with large-mesh drift gillnet
(DGN) gear (>=14 inches mesh) off the coast of southern California east
of 120[deg] W meridian from June 1, 2024, through August 31, 2024. This
prohibition is based on the Assistant Administrator for Fisheries'
(AA's) determination that El Ni[ntilde]o conditions are occurring off
the coast of southern California. This action is intended to protect
Endangered Species Act-listed loggerhead sea turtles (Caretta caretta),
specifically, the endangered North Pacific Ocean Distinct Population
Segment.
DATES: Effective 12:01 a.m. Pacific Daylight Time (PDT), June 1, 2024,
through 11:59 p.m. PDT, August 31, 2024.
FOR FURTHER INFORMATION CONTACT: Chris Fanning, West Coast Region
(WCR), NMFS, (562) 980-4198, <a href="/cdn-cgi/l/email-protection#dcbfb4aeb5aff2babdb2b2b5b2bb9cb2b3bdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="7c1f140e150f521a1d121215121b3c12131d1d521b130a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species (50 CFR part 660, subpart K) and occurs off the coast of
California. NMFS regulations state that ``No person may fish with, set,
or haul back drift gillnet gear in U.S. waters of the Pacific Ocean
east of the 120[deg] W meridian from June 1 through August 31 during a
forecasted, or occurring, El Ni[ntilde]o event off the coast of
southern California'' (50 CFR 660.713(c)(2)). This area, which
corresponds to the Southern California Bight (SCB), is referred to in
the regulations as the ``Pacific loggerhead conservation area.''
Under 50 CFR 660.713(c)(2)(ii), the AA is to rely on information
developed by NOAA offices (the Climate Prediction Center (CPC) and the
West Coast Office of the Coast Watch program) to make the determination
that an El Ni[ntilde]o event is forecasted or occurring off southern
California. The AA is to use monthly sea surface temperature (SST)
charts to determine whether there are warmer-than-normal SSTs off
southern California ``during the months prior to the closure months for
years in which an El Ni[ntilde]o event has been declared'' by the CPC.
Specifically, the AA is to use SST data from the second and third
months prior to the month of closure. To make a determination for a
closure to begin in June, the AA is using data from March and April.
NMFS published these regulations to protect loggerhead sea turtles,
which are listed under the Endangered Species Act. The regulations
addressed a reasonable and prudent alternative (RPA) included in NMFS'
2000 biological opinion for this fishery. The biological opinion
concluded that bycatch in the DGN fishery was likely to jeopardize the
continued existence of loggerhead sea turtles and, as an RPA,
recommended the fishery be closed during summer months when El
Ni[ntilde]o conditions are present to avoid the likelihood of jeopardy.
NMFS implemented the Pacific Loggerhead Conservation Area regulations
in 2003 to address this RPA. The regulations were amended in 2007 (72
FR 31756, June 8, 2007).
On May 9, 2024, the CPC issued an El Ni[ntilde]o Advisory. Under
the CPC's El Nino/Southern Oscillation (ENSO) diagnostic system, an El
Ni[ntilde]o Advisory is issued when El Ni[ntilde]o conditions are
observed and expected to continue. In May 2024, NMFS staff reviewed the
SST anomalies in the SCB during March and April of 2024, relying on SST
maps available through NOAA's Coast Watch program (for details see
<a href="https://coastwatch.pfeg.noaa.gov/erddap/index.html">https://coastwatch.pfeg.noaa.gov/erddap/index.html</a>). These maps
indicated that SSTs were above normal in the SCB. NMFS concluded that a
determination that El Ni[ntilde]o conditions are occurring off southern
California is warranted based on SSTs that were warmer than normal
during March and April, 2024, consistent with regulations at 50 CFR
660.713(c)(2)(ii).
If SSTs return to normal or below normal during a closure period,
regulations at 50 CFR 660.713(c)(2)(iii) state that the AA may re-open
the fishery after publishing a Federal Register notice announcing that
El Ni[ntilde]o conditions are no longer present in the SCB. The CPC
report on May 9, 2024, indicates a transition from El Ni[ntilde]o to
ENSO-neutral likely in the next month. The CPC also indicates a La
Ni[ntilde]a may develop in June-August (with a 49
[[Page 47107]]
percent chance) or July-September (with a 69 percent chance).
Classification
This action is required by regulations at 50 CFR 660.713 and is
exempt from Office of Management and Budget review under Executive
Order 12866.
NMFS finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) for the time-area closure of the DGN
fishery. Notice and comment procedures for this action are
impracticable and contrary to the public interest. The most recent El
Ni[ntilde]o determination occurred on May 9, 2024, and regulations
require that the closure period begin on June 1; therefore, there is
insufficient time for notice and comment procedures. For the same
reasons, NMFS also finds good cause under 5 U.S.C. 553(d)(3) to waive
the general requirement for a 30-day delay in effectiveness for this
action. This measure is based upon the best available information and
is necessary for the conservation of loggerhead sea turtles. The
closure period anticipated by the regulation ends, at the latest, on
August 31, 2024. A delay in effectiveness may allow the fishery to
interact with and injure or kill loggerhead sea turtles that may occur
within the SCB during the time period in which the regulation was
intended to protect loggerheads.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 28, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-11989 Filed 5-30-24; 8:45 am]
BILLING CODE 3510-22-P
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