Rule2024-16906
Fisheries off West Coast States; the Highly Migratory Species Fishery; El Nino Pacific Loggerhead Conservation Area Closure
Primary source
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Published
August 1, 2024
Effective
August 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reopening the Pacific Loggerhead Conservation Area (LCA) closure that became effective on June 1, 2024, because the sea surface temperatures (SSTs) in the Southern California Bight (SCB) for the months of May and June 2024 indicate that SSTs have returned to normal or below normal and that El Ni[ntilde]o conditions are no longer present in the SCB. The LCA prohibits fishing with large-mesh drift gillnet (DGN) gear (>=14 inches mesh) off the coast of southern California east of the 120[deg] W meridian from June 1, 2024, through August 31, 2024. Based on recent observations of SSTs in the SCB along with the Climate Prediction Center (CPC) report related to changing El Ni[ntilde]o conditions, NMFS has determined that reopening the area is warranted.
Full Text
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<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62667-62668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16906]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 031125294-4091-02; RTID 0648-XE041]
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; reopening of closure.
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SUMMARY: NMFS is reopening the Pacific Loggerhead Conservation Area
(LCA) closure that became effective on June 1, 2024, because the sea
surface temperatures (SSTs) in the Southern California Bight (SCB) for
the months of May and June 2024 indicate that SSTs have returned to
normal or below normal and that El Ni[ntilde]o conditions are no longer
present in the SCB. The LCA prohibits fishing with large-mesh drift
gillnet (DGN) gear (>=14 inches mesh) off the coast of southern
California east of the 120[deg] W meridian from June 1, 2024, through
August 31, 2024. Based on recent observations of SSTs in the SCB along
with the Climate Prediction Center (CPC) report related to changing El
Ni[ntilde]o conditions, NMFS has determined that reopening the area is
warranted.
DATES: Effective 12:01 a.m., Pacific Daylight Time, on August 1, 2024.
FOR FURTHER INFORMATION CONTACT: Chris Fanning, West Coast Region
(WCR), NMFS, (562) 980-4198, <a href="/cdn-cgi/l/email-protection#03606b716a702d65626d6d6a6d64436d6c62622d646c75"><span class="__cf_email__" data-cfemail="c9aaa1bba0bae7afa8a7a7a0a7ae89a7a6a8a8e7aea6bf">[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 overlaps
with the SCB, is referred to in the regulations as the ``Pacific
loggerhead conservation area'' or ``LCA.''
Under 50 CFR 660.713(c)(2)(ii), the Assistant Administrator (AA) is
to rely on information developed by NOAA offices (the 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 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. Thus, to make a determination for a closure to begin in June,
the AA used data from March and April.
These regulations protect loggerhead sea turtles, specifically the
North Pacific Loggerhead Distinct Population Segment, which are listed
as endangered under the Endangered Species Act. The regulations
initially were implemented to address a reasonable and prudent
alternative
[[Page 62668]]
included in NMFS' 2000 biological opinion for this fishery. The current
biological opinion (2023) analyzed maintaining the closed area as a
management measure in the U.S. West Coast Fishery Management Plan for
Highly Migratory Species.
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. 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 determined that
El Ni[ntilde]o conditions were occurring off southern California based
on SSTs that were warmer than normal during March and April 2024,
consistent with regulations at 50 CFR 660.713(c)(2)(ii), and
implemented the LCA on June 1, 2024 (89 FR 47106).
Per regulations at 50 CFR 660.713(c)(2)(iii), if SSTs return to
normal or below normal during a closure period, the AA may reopen 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 June 13, 2024, indicated a transition from El
Ni[ntilde]o to ENSO-neutral/La Nina Watch conditions based on cooler
SSTs observed and a forecasted continued cooling trend in the Pacific
Ocean. The most recent CPC report on July 11, 2024, indicates ENSO-
neutral is expected to continue for the next several months, with La
Ni[ntilde]a favored to emerge during August-October (70 percent chance)
and persist into the Northern Hemisphere winter 2024-2025 (79 percent
chance during November-January). Additionally, SST data summarized and
available on the West Coast Office of the Coast Watch program website
indicates cooler than normal temperatures in the SCB were reported in
May, June, and July.
Based on this information, NMFS has determined that El Ni[ntilde]o
conditions are no longer present and that we may reopen the LCA under
the regulations. NMFS has determined that re-opening the LCA is
warranted to increase fishing opportunities and lessen regulatory
burden on vessels' time-area access, while complying with legal and
regulatory requirements to ensure the conservation of loggerhead sea
turtles.
The LCA closure prohibits DGN fishing in the LCA through August 31,
2024. Fishing with DGN gear also is prohibited within 75 nautical miles
of the mainland shore through August 14 under 50 CFR 660.713(d), which
includes much of the LCA. Thus, this closure primarily affects the DGN
fishery during the last two weeks in August, when fishing with DGN gear
would otherwise be open in much of the LCA.
Most DGN vessels typically commence fishing on or near August 15,
depending on various factors including when swordfish are present on
the fishing grounds in commercially viable quantities. Currently, one
vessel is present in the area immediately outside the LCA. We
anticipate that up to seven vessels may start fishing in August.
Classification
This action is allowed by current 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 an opportunity for public comment for this action pursuant
to the authority set forth at 5 U.S.C. 553(b)(B). Notice and comment
procedures for this action are impracticable and contrary to the public
interest. Specifically, the regulations allow for lifting the DGN
fishing restrictions in response to updated weather information. The
most recent El Ni[ntilde]o status determination occurred on July 11,
2024, and regulations provide that the AA may publish a Federal
Register notice announcing that El Ni[ntilde]o conditions are no longer
present off the coast of southern California and may terminate the
closure prior to August 31. The closure period began on June 1 and
restricts fishing for swordfish and sharks within a defined geographic
area. Relieving this restriction will allow fishers access to the area
while swordfish and other marketable highly migratory species are
available on the fishing grounds. Delaying this action for 30 days
would prevent active fishers from accessing some of the fishing grounds
in the LCA. Given the change in conditions, we expect that loggerhead
turtles leave the LCA with the cooler temperatures and that there is
little likelihood of turtle entanglements or interactions in the area.
Therefore, we find that there is good cause to waive the 30-day notice
and opportunity for public comment requirements.
The APA excepts from the 30-day delay in effective date a rule that
``grants or recognizes an exception or relieves a restriction'' (5
U.S.C. 553(d)(1)). This rule relieves a restriction on DGN fishing in
the LCA, and the 30-day delay in effective date therefore is not
required.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 26, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-16906 Filed 7-31-24; 8:45 am]
BILLING CODE 3510-22-P
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