[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62668-62669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16942]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240726-0206; RTID 0648-XE135]


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.

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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 July 10, 2024, by the U.S. District Court for the Northern 
District of California in Oceana, Inc., v. Raimondo, et al.. 
Specifically, this rule re-instates the annual specifications and 
management measures that were in place for the 2023-2024 fishing year 
in whole, until the 2024-2025 annual Pacific sardine specifications and 
management measures are effective.

DATES: Effective July 29, 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 the 2024-2025 annual Pacific 
sardine specifications are effective. Proposed 2024-2025 Pacific 
sardine harvest specifications and management

[[Page 62669]]

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 remedy 
order and July 10, 2024 amending remedy 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, that take effect upon the expiration of the 2023-2024 
specifications (i.e., July 1, 2024), and remain in effect until NMFS 
promulgates 2024-2025 annual specifications.
    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]
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                                Acceptable biological catch
   Overfishing limit (OFL)                 (ABC)                  Harvest guideline (HG)        Annual catch limit (ACL)      Annual catch target (ACT)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   5,506                          3,953                              0                          3,953                          3,600
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This final 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., 
items 2 and 3 of this list 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 
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,'' and the Court's July 10, 2024 Order, 
which amended the June 28, 2024 Order to ``implement interim 
specifications (including a further interim rule if necessary) that are 
no less restrictive than the current 2023-2024 annual specifications as 
soon as possible . . . Such interim specifications shall remain in 
effect until issuance of the final 2024-2025 annual specifications.'' 
To comply with the July 10, 2024 order, NMFS must implement this rule 
prior to the expiration of the first interim specifications rule on 
August 1, 2024 (89 FR 57093, July 12, 2024). 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 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-16942 Filed 7-29-24; 4:15 pm]
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