Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Interim Specifications and Management Measures for Pacific Sardine, 57093-57094 [2024-15346]
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Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations
authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a
designated representative. They may be
contacted on Channel 16 VHF–FM
(156.8 MHz) or by telephone at 1–800–
874–2143.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
Dated: July 6, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2024–15282 Filed 7–11–24; 8:45 am]
§ 210.29
[Corrected]
[FR Doc. C1–2024–14609 Filed 7–11–24; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No: 240708–0187; RTID 0648–
XE094]
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Interim Specifications and
Management Measures for Pacific
Sardine
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
LIBRARY OF CONGRESS
Copyright Office
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 June 28,
2024, by the U.S. District Court for the
Northern District of California in
Oceana, Inc., v. Raimondo, et al., No.
5:21–cv–05407–VKD (N.D. Cal., filed
July 14, 2021). Specifically, this rule reinstates the annual specifications and
management measures that were in
place for the 2023–2024 fishing year in
whole, until August 1, 2024.
SUMMARY:
37 CFR Part 210
[Docket No. 2022–5]
Termination Rights, Royalty
Distributions, Ownership Transfers,
Disputes, and the Music Modernization
Act
Correction
In rule document 2024–14609
beginning on page 56586 in the issue of
Tuesday, July 9, 2024, make the
following correction:
FOR FURTHER INFORMATION CONTACT:
Katie Davis, West Coast Region, NMFS,
(323) 372–2126, Katie.Davis@noaa.gov.
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 August 1,
2024, or until the 2024–2025 annual
Pacific sardine specifications are
effective, whichever date comes first.
Proposed 2024–2025 Pacific sardine
harvest specifications and management
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 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, and that take effect
upon the expiration of the 2023–2024
specifications (i.e., July 1, 2024) and
remain in effect through August 1, 2024,
unless NMFS promulgates 2024–2025
annual specifications before that date.
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.
SUPPLEMENTARY INFORMATION:
AGENCY:
BILLING CODE 9110–04–P
Effective July 11, 2024 until
August 1, 2024.
DATES:
On page 56614, in § 210.29, in the first
column, in the second line, ‘‘August 8,
2024’’ should read ‘‘February 9, 2026’’.
■
lotter on DSK11XQN23PROD with RULES1
TABLE 1—INTERIM HARVEST SPECIFICATIONS, IN METRIC TONS (mt)
Overfishing
limit
(OFL)
Acceptable
biological
catch
(ABC)
Harvest
guideline
(HG)
Annual
catch limit
(ACL)
Annual
catch target
(ACT)
5,506
3,953
0
3,953
3,600
This interim rule also temporarily reinstates 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
VerDate Sep<11>2014
16:01 Jul 11, 2024
Jkt 262001
(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., 2) and 3) 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) setasides, the live bait fishery, and other
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
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
E:\FR\FM\12JYR1.SGM
12JYR1
57094
Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations
announcements through other means
available, including emails to
fishermen, processors, and State fishery
management agencies.
lotter on DSK11XQN23PROD with RULES1
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.
VerDate Sep<11>2014
16:01 Jul 11, 2024
Jkt 262001
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.’’ To comply with that
Order, NMFS must implement this rule
at the earliest possible date. 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
PO 00000
Frm 00036
Fmt 4700
Sfmt 9990
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 9, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–15346 Filed 7–11–24; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Rules and Regulations]
[Pages 57093-57094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15346]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No: 240708-0187; RTID 0648-XE094]
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 June 28, 2024, by the U.S. District Court for the Northern
District of California in Oceana, Inc., v. Raimondo, et al., No. 5:21-
cv-05407-VKD (N.D. Cal., filed July 14, 2021). Specifically, this rule
re-instates the annual specifications and management measures that were
in place for the 2023-2024 fishing year in whole, until August 1, 2024.
DATES: Effective July 11, 2024 until August 1, 2024.
FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS,
(323) 372-2126, [email protected].
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 August 1, 2024, or until the
2024-2025 annual Pacific sardine specifications are effective,
whichever date comes first. Proposed 2024-2025 Pacific sardine harvest
specifications and management 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 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, and that take effect upon the expiration of
the 2023-2024 specifications (i.e., July 1, 2024) and remain in effect
through August 1, 2024, unless NMFS promulgates 2024-2025 annual
specifications before that date.
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)
----------------------------------------------------------------------------------------------------------------
Overfishing limit Acceptable biological Harvest guideline Annual catch limit Annual catch target
(OFL) catch (ABC) (HG) (ACL) (ACT)
----------------------------------------------------------------------------------------------------------------
5,506 3,953 0 3,953 3,600
----------------------------------------------------------------------------------------------------------------
This interim 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., 2)
and 3) 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
[[Page 57094]]
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.'' To comply with that Order, NMFS must
implement this rule at the earliest possible date. 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 9, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-15346 Filed 7-11-24; 8:45 am]
BILLING CODE 3510-22-P
