Fisheries Off West Coast States; the Highly Migratory Species Fishery; El Nino Pacific Loggerhead Conservation Area Closure, 47106-47107 [2024-11989]

Download as PDF 47106 Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Rules and Regulations Classification DEPARTMENT OF COMMERCE NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635, and this action is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS (AA) finds that pursuant to 5 U.S.C. 553(b)(B), it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons. Specifically, the regulations implementing the 2006 Consolidated HMS FMP and its amendments provide for inseason adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Providing for prior notice and opportunity to comment is impracticable and contrary to the public interest as this fishery is currently underway and, based on landings information, the Angling category Gulf of Mexico area trophy fishery subquota has been reached and exceeded. Delaying this action could result in further excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the magnitude of a potential Angling category overharvest. NMFS must close the Gulf of Mexico area trophy BFT fishery before additional landings of these sizes of BFT occur. Taking this action does not raise conservation and management concerns, and would support effective management of the BFT fishery. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment criteria. For all of the above reasons, the AA also finds that pursuant to 5 U.S.C. 553(d), there is good cause to waive the 30-day delay in effectiveness. National Oceanic and Atmospheric Administration khammond on DSKJM1Z7X2PROD with RULES Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: May 28, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–11992 Filed 5–28–24; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:00 May 30, 2024 Jkt 262001 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting fishing with large-mesh drift gillnet (DGN) gear (≥14 inches mesh) off the coast of southern California east of 120° 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 Niño 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. SUMMARY: FOR FURTHER INFORMATION CONTACT: Chris Fanning, West Coast Region (WCR), NMFS, (562) 980–4198, chris.fanning@noaa.gov. 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° W meridian from June 1 through August 31 during a forecasted, or occurring, El Niño 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 an El Niño 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 Niño 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 Niño 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 Niño Advisory. Under the CPC’s El Nino/Southern Oscillation (ENSO) diagnostic system, an El Niño Advisory is issued when El Niño 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 https://coast watch.pfeg.noaa.gov/erddap/ index.html). These maps indicated that SSTs were above normal in the SCB. NMFS concluded that a determination that El Niño 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 Niño conditions are no longer present in the SCB. The CPC report on May 9, 2024, indicates a transition from El Niño to ENSO-neutral likely in the next month. The CPC also indicates a La Niña may develop in June–August (with a 49 E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Rules and Regulations 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 Niño 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] khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 16:00 May 30, 2024 Jkt 262001 47107 DEPARTMENT OF COMMERCE rates, expected mortality, and the potential number of participants. National Oceanic and Atmospheric Administration Classification 50 CFR Part 679 [Docket No. 240417–0111] RTID 0648–XE003 Fisheries of the Exclusive Economic Zone Off Alaska; Recreational Fishing for Chinook Salmon in the Cook Inlet Exclusive Economic Zone Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting recreational fishing for Chinook salmon in the Cook Inlet exclusive economic zone (EEZ) Area. This action is necessary for the conservation of all Cook Inlet Chinook stocks due to the uncertainty of run strength and to protect stocks of concern. DATES: Effective 0001 hours, Alaska local time (A.l.t.), May 30, 2024, through 2400 hours, A.l.t., August 15, 2024. FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the Cook Inlet EEZ Area according to the Fishery Management Plan for Salmon Fisheries in the EEZ off Alaska (Salmon FMP). The intended effect of this action is to conserve and manage the salmon resources in Cook Inlet EEZ Area in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. In accordance with § 679.118(c)(1)(ii), the Regional Administrator has determined it is necessary to close Chinook salmon recreational fishing for conservation and management purposes and is prohibiting recreational fishing for Chinook salmon in the Cook Inlet EEZ Area. In making this determination, the Regional Administrator has considered the following factors: the low proposed Chinook salmon acceptable biological catch in the Cook Inlet EEZ Area (270), anticipated harvest SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is authorized by 50 CFR 679.118(c)(1)(ii), which was issued pursuant to section 304(c), and is necessary to carry out the Salmon FMP. This action is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action. Notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent information regarding the status of Cook Inlet Chinook salmon stocks in a timely fashion. This action is being taken pursuant to regulations implementing amendment 16 to the Salmon FMP (April 30, 2024, 89 FR 34718). These Federal salmon management measures—which generally allow for recreational harvest of all salmon stocks in the Cook Inlet EEZ year-round—become effective May 30, 2024. Therefore, publishing a notification providing time for public comment would delay the closure of the Cook Inlet EEZ to recreational Chinook salmon fishing until after the regulations that otherwise authorize such fishing become effective. A delay of this closure would prevent the accomplishment of the conservation and management objectives for the Cook Inlet EEZ Area salmon fishery, resulting in recreational harvest of Chinook salmon that is not supported by current stock levels. The Assistant Administrator for Fisheries, NOAA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Authority: 16 U.S.C. 1801 et seq. Dated: May 24, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–11946 Filed 5–30–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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, [email protected].

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 
https://coastwatch.pfeg.noaa.gov/erddap/). 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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