Fisheries Off West Coast States; Emergency Action To Temporarily Modify Continuous Transit Limitations for California Recreational Vessels, 22352-22355 [2024-04965]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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 [www.gpo.gov]
[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 https://www.federalregister.gov/. 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: https://www.fisheries.noaa.gov/species/west-coast-groundfish.html.

FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-900-2060, or 
email: [email protected].

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 https://www.wildlife.ca.gov/Notices/Regulations/Rockfish).
    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 https://www.wildlife.ca.gov/Notices/Regulations/Rockfish).
    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]
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