Fisheries Off West Coast States; Extension of Emergency Action to Temporarily Modify Continuous Transit Limitations for California Recreational Vessels, 67326-67327 [2024-18581]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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 [www.gpo.gov]
[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 https://ecfr.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.
    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]
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