[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.

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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/index.html). 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]
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