Rule2024-18581
Fisheries Off West Coast States; Extension of 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
August 20, 2024
Effective
August 20, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This temporary rule extends emergency measures that modify 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. These emergency measures were originally authorized until September 30, 2024. This temporary rule extends the emergency measures through December 31, 2024. 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 161 (Tuesday, August 20, 2024)</title>
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[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Rules and Regulations]
[Pages 67326-67327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18581]
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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; Extension of 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 extended.
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SUMMARY: This temporary rule extends emergency measures that modify 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.
These emergency measures were originally authorized until September 30,
2024. This temporary rule extends the emergency measures through
December 31, 2024. This emergency measure will prevent the possible
cancellation of thousands of recreational fishing trips during the 2024
recreational fishing season off California.
DATES: Effective August 20, 2024 until December 31, 2024.
ADDRESSES:
Electronic Access
This emergency rule is accessible via the internet at the Office of
the Federal Register website at <a href="https://ecfr.federalregister.gov/">https://ecfr.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#8fe3f6e1e1a1e2eefcfceaf6cfe1e0eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="7c1005121252111d0f0f19053c12131d1d521b130a">[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.
On April 1, 2024, NMFS published a temporary emergency rule (89 FR
22352) that allows recreational vessels in California to stop and/or
anchor in Federal waters shoreward of the Recreational Rockfish
Conservation Area (RCA) line when the fishery is offshore-only. A full
description of the issue can be found in the emergency rule (April 1,
2024, 89 FR 22352). NMFS held a public comment period on the emergency
rule for 30 days from April 1, 2024, to May 1, 2024 and received no
comments. Without extension, the emergency rule would expire on
September 30, 2024. The California recreational groundfish seasons in
the management areas from the border with Oregon to 36[deg] N lat. are
open in the offshore fishery in the months of October and December
(closed in November). The management areas south of 36[deg] N lat. are
open in the offshore fishery in the months of October, November, and
December (50 CFR 660.360(c)(3)(i)(A)). Therefore, this issue remains
relevant through the remainder of the calendar year. The Council has
developed an action to address this issue permanently, which, if
approved, would be effective in 2025. Therefore, consistent with
section 305(c)(3) of the Magnuson-Stevens Act, NMFS finds good cause to
extend the emergency measures until December 31, 2024.
Emergency Measures
In Federal waters, extending the emergency measures requires 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 the extension of this emergency measure, recreational vessels in
California would be allowed to stop and/or anchor in Federal waters
shoreward of the Recreational RCA line until December 31, 2024.
Recreational fishing vessels off of California 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. 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 help 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 extended emergency rule would not change any
other elements of the California recreational fishery. For additional
explanation on the rationale and effects of this emergency rule
extension, see the original emergency
[[Page 67327]]
rule published on April 1, 2024 (89 FR 22352).
Classification
NMFS is issuing an extension of this emergency rule pursuant to
section 305(3)(c) of the Magnuson-Stevens Act. 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. The reasons justifying promulgation of this
rule on an emergency basis, coupled with the fact that the public has
had the opportunity to comment on the original emergency rule, make
solicitation of additional comment unnecessary, impractical and
contrary to the public interest. This rule must be in place before the
expiration of the original emergency rule to provide the necessary
relief to California recreational fishery participants. Modifying the
continuous transit requirement for California recreational vessels
would not pose a conservation risk; and 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 Environmental
Assessment 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.
Dated: August 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 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, revise paragraph (c)(3)(i)(A)(6) to read as
follows:
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(6) Emergency rule revising continuous transit requirement.
Effective August 20, 2024 until December 31, 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. 2024-18581 Filed 8-19-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 20, 2024.
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