Rule2024-16942
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Interim Specifications and Management Measures for Pacific Sardine
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
August 1, 2024
Effective
July 29, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements interim annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), pursuant to an order issued on July 10, 2024, by the U.S. District Court for the Northern District of California in Oceana, Inc., v. Raimondo, et al.. Specifically, this rule re-instates the annual specifications and management measures that were in place for the 2023-2024 fishing year in whole, until the 2024-2025 annual Pacific sardine specifications and management measures are effective.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62668-62669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16942]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240726-0206; RTID 0648-XE135]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Interim Specifications and Management Measures for Pacific
Sardine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements interim annual harvest
specifications and management measures for the northern subpopulation
of Pacific sardine (hereafter, Pacific sardine), pursuant to an order
issued on July 10, 2024, by the U.S. District Court for the Northern
District of California in Oceana, Inc., v. Raimondo, et al..
Specifically, this rule re-instates the annual specifications and
management measures that were in place for the 2023-2024 fishing year
in whole, until the 2024-2025 annual Pacific sardine specifications and
management measures are effective.
DATES: Effective July 29, 2024.
FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS,
(323) 372-2126, <a href="/cdn-cgi/l/email-protection#8dc6ecf9e4e8a3c9ecfbe4fecde3e2ececa3eae2fb"><span class="__cf_email__" data-cfemail="074c66736e62294366716e74476968666629606871">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule re-instates the harvest
specifications and management measures that were in place for the 2023-
2024 Pacific sardine fishing year (88 FR 41040, June 23, 2023) and that
expired on June 30, 2024. These interim harvest specifications and
management measures are effective until the 2024-2025 annual Pacific
sardine specifications are effective. Proposed 2024-2025 Pacific
sardine harvest specifications and management
[[Page 62669]]
measures were published in the Federal Register on June 21, 2024 (89 FR
52005).
This action is necessary to comply with a June 28, 2024 remedy
order and July 10, 2024 amending remedy order issued by the U.S.
District Court for the Northern District of California (the Court) in
Oceana, Inc., v. Raimondo, et al., No. 5:21-cv-05407-VKD (N.D. Cal.,
filed July 14, 2021), which directs NMFS to implement interim
specifications that are no less restrictive than the 2023-2024
specifications, that take effect upon the expiration of the 2023-2024
specifications (i.e., July 1, 2024), and remain in effect until NMFS
promulgates 2024-2025 annual specifications.
The interim specifications being implemented by this action can be
found in table 1, and the additional regulations and management
measures are listed below table 1.
Table 1--Interim Harvest Specifications, in Metric Tons
[mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acceptable biological catch
Overfishing limit (OFL) (ABC) Harvest guideline (HG) Annual catch limit (ACL) Annual catch target (ACT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5,506 3,953 0 3,953 3,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
This final rule also temporarily re-instates the following
management measures for commercial sardine harvest:
1. The primary directed commercial fishery is closed.
2. If landings in the live bait fishery reach 2,500 mt of Pacific
sardine, then a 1 mt per-trip limit of sardine would apply to the live
bait fishery.
3. An incidental per-landing limit of 20 percent (by weight) of
Pacific sardine applies to other coastal pelagic species (CPS) primary
directed fisheries (e.g., Pacific mackerel).
4. If the ACT of 3,600 mt is attained, then a 1 mt per-trip limit
of Pacific sardine landings would apply to all CPS fisheries (i.e.,
items 2 and 3 of this list would no longer apply).
5. An incidental per-landing allowance of 2 mt of Pacific sardine
would apply to non-CPS fisheries until the ACL is reached.
All sources of catch, including any exempted fishing permit (EFP)
set-asides, the live bait fishery, and other minimal sources of
harvest, such as incidental catch in CPS and non-CPS fisheries and
minor directed fishing, will be accounted for against the ACT and ACL.
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register to announce when catch reaches the management
measure limits, as well as any resulting changes to allowable
incidental catch percentages. Additionally, to ensure that the
regulated community is informed of any closure, NMFS will make
announcements through other means available, including emails to
fishermen, processors, and state fishery management agencies.
Classification
NMFS has the authority to implement annual harvest specifications
and management measures for Pacific sardine under the Magnuson-Stevens
Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.).
The NMFS Assistant Administrator has determined that this interim
specifications rule is necessary to comply with a Court order.
The NMFS Assistant Administrator has determined that good cause
exists to issue this rule without advance notice in a proposed rule or
the opportunity for public comment (see 5 U.S.C. 553(b)(3)(B)) and to
make the rule effective immediately without providing a 30-day delay
after publication (see 5 U.S.C. 553(d)(3)). NMFS is obligated to
implement these measures immediately to comply with the Court's June
28, 2024 Order, which ``directs NMFS to implement interim
specifications effective July 1, 2024 that are no less restrictive than
the 2023-2024 specifications,'' and the Court's July 10, 2024 Order,
which amended the June 28, 2024 Order to ``implement interim
specifications (including a further interim rule if necessary) that are
no less restrictive than the current 2023-2024 annual specifications as
soon as possible . . . Such interim specifications shall remain in
effect until issuance of the final 2024-2025 annual specifications.''
To comply with the July 10, 2024 order, NMFS must implement this rule
prior to the expiration of the first interim specifications rule on
August 1, 2024 (89 FR 57093, July 12, 2024). NMFS does not have
discretion to implement measures that do not comply with the order in
substance or timing. Providing prior notice and an opportunity for
comment and delaying the effective date of this rule for 30 days after
publication is therefore unnecessary and impracticable, and good cause
exists to make this interim rule effective immediately.
This final rule is exempt from review under Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-16942 Filed 7-29-24; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 1, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.