80 FR 31486 - Fisheries Off West Coast States; the Highly Migratory Species Fishery; Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 106 (June 3, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 106 (June 3, 2015)
| Page Range | 31486-31486 | |
| FR Document | 2015-13601 |
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)] [Rules and Regulations] [Page 31486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13601] [[Page 31486]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 031125294-4091-02] RIN 0648-XD945 Fisheries Off West Coast States; the Highly Migratory Species Fishery; 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 the effective date of this rule through August 31, 2015. This prohibition is based on the Assistant Administrator for Fisheries' (AA) determination that El Ni[ntilde]o conditions are occurring off the coast of southern California. This action protects Endangered Species Act (ESA)-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), May 29, 2015, through 11:59 p.m. PDT, August 31, 2015. FOR FURTHER INFORMATION CONTACT: Lyle Enriquez, West Coast Region (WCR), NMFS, (562) 980-4025, lyle.enriquez@noaa.gov. SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the Fishery Management Plan (FMP) for U.S. West Coast Fisheries for Highly Migratory Species (HMS) (50 CFR part 660, subpart K). The fishery occurs off the coast of California. The regulations provide 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 falls within 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 relies on information developed by NOAA offices, such as 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 uses 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 uses SST data from the third and second months prior to the month of closure. NMFS published these regulations to protect ESA-listed loggerhead sea turtles in accordance with a reasonable and prudent alternative (RPA) in NMFS's 2000 biological opinion on issuance of an incidental take permit for the DGN fishery under the Marine Mammal Protection Act. The biological opinion concluded that loggerhead bycatch in the DGN fishery was likely to jeopardize the continued existence of loggerhead sea turtles, and recommended adoption of a RPA under which the fishery would be closed in this area during the summer months when El Ni[ntilde]o conditions are present to avoid the likelihood of jeopardy. The CPC forecasts and declares when El Ni[ntilde]o conditions exist based on conditions in equatorial waters, but does not forecast or declare when El Ni[ntilde]o conditions exist off southern California. The Coast Watch program publishes maps of SST off the California coast through the Environmental Research Division's Data Access Program. On March 5, 2015, the CPC issued an El Ni[ntilde]o advisory, declaring that El Ni[ntilde]o conditions were present in equatorial waters. Subsequent CPC updates on April 9, 2015, and May 14, 2015, stated that El Ni[ntilde]o conditions remain in these waters. The May 14, 2015, update predicts that there is an approximately 90 percent chance that El Ni[ntilde]o will continue through the northern hemisphere summer of 2015, and a greater than 80 percent chance it will last through the end of 2015. In May 2015, NMFS WCR staff reviewed the SST anomalies in the SCB during March and April of 2015, relying on SST maps available through NOAA's Coast Watch Program (for details see http://coastwatch.pfeg.noaa.gov/erddap/index.html). These maps indicated that SSTs were above normal in the SCB. WCR staff concluded that a determination of El Ni[ntilde]o conditions off southern California is warranted based on SSTs that are warmer than normal during the third and second months prior to the month of the closure, consistent with regulations at 50 CFR 660.713(c)(2)(ii). 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. For the reasons set forth below, notice and comment procedures are impracticable and contrary to the public interest. 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, 2015. 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 29, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015-13601 Filed 5-29-15; 4:25 pm] BILLING CODE 3510-22-P
![31486 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Rules and Regulations
DEPARTMENT OF COMMERCE within the Southern California Bight greater than 80 percent chance it will
(SCB), is referred to in the regulations as last through the end of 2015.
National Oceanic and Atmospheric the ‘‘Pacific loggerhead conservation In May 2015, NMFS WCR staff
Administration area.’’ reviewed the SST anomalies in the SCB
Under 50 CFR 660.713(c)(2)(ii), the during March and April of 2015, relying
50 CFR Part 660 AA relies on information developed by on SST maps available through NOAA’s
[Docket No. 031125294–4091–02] NOAA offices, such as the Climate Coast Watch Program (for details see
Prediction Center (CPC) and the West http://coastwatch.pfeg.noaa.gov/
RIN 0648–XD945 Coast Office of the Coast Watch program erddap/index.html). These maps
to make the determination that an El indicated that SSTs were above normal
Fisheries Off West Coast States; the Niño event is forecasted or occurring off
Highly Migratory Species Fishery; in the SCB. WCR staff concluded that a
southern California. The AA uses determination of El Niño conditions off
Closure monthly sea surface temperature (SST) southern California is warranted based
AGENCY: National Marine Fisheries charts to determine whether there are on SSTs that are warmer than normal
Service (NMFS), National Oceanic and warmer-than-normal SSTs off southern during the third and second months
Atmospheric Administration (NOAA), California ‘‘during the months prior to prior to the month of the closure,
Commerce. the closure months for years in which consistent with regulations at 50 CFR
ACTION: Temporary rule; closure. an El Niño event has been declared’’ by 660.713(c)(2)(ii).
the CPC. Specifically, the AA uses SST
SUMMARY: NMFS is prohibiting fishing data from the third and second months Classification
with large-mesh drift gillnet (DGN) gear prior to the month of closure.
(≥14 inches mesh) off the coast of NMFS published these regulations to This action is required by regulations
southern California east of 120° W. protect ESA-listed loggerhead sea turtles at 50 CFR 660.713 and is exempt from
meridian from the effective date of this in accordance with a reasonable and Office of Management and Budget
rule through August 31, 2015. This prudent alternative (RPA) in NMFS’s review under Executive Order 12866.
prohibition is based on the Assistant 2000 biological opinion on issuance of NMFS finds good cause to waive the
Administrator for Fisheries’ (AA) an incidental take permit for the DGN requirement to provide prior notice and
determination that El Niño conditions fishery under the Marine Mammal opportunity for public comment
are occurring off the coast of southern Protection Act. The biological opinion pursuant to the authority set forth at 5
California. This action protects concluded that loggerhead bycatch in U.S.C. 553(b)(B) for the time-area
Endangered Species Act (ESA)-listed the DGN fishery was likely to jeopardize closure of the DGN fishery. For the
loggerhead sea turtles (Caretta caretta), the continued existence of loggerhead reasons set forth below, notice and
specifically the endangered North sea turtles, and recommended adoption comment procedures are impracticable
Pacific Ocean Distinct Population of a RPA under which the fishery would and contrary to the public interest. For
Segment. be closed in this area during the the same reasons, NMFS also finds good
DATES: Effective 12:01 a.m. Pacific summer months when El Niño cause under 5 U.S.C. 553(d)(3) to waive
Daylight Time (PDT), May 29, 2015, conditions are present to avoid the the general requirement for a 30-day
through 11:59 p.m. PDT, August 31, likelihood of jeopardy. delay in effectiveness for this action.
2015. The CPC forecasts and declares when This measure is based upon the best
El Niño conditions exist based on available information and is necessary
FOR FURTHER INFORMATION CONTACT: Lyle
conditions in equatorial waters, but for the conservation of loggerhead sea
Enriquez, West Coast Region (WCR), does not forecast or declare when El turtles. The closure period anticipated
NMFS, (562) 980–4025, lyle.enriquez@ Niño conditions exist off southern by the regulation ends, at the latest, on
noaa.gov. California. The Coast Watch program August 31, 2015. A delay in
SUPPLEMENTARY INFORMATION: The DGN publishes maps of SST off the California effectiveness may allow the fishery to
fishery is managed under the Fishery coast through the Environmental interact with and injure or kill
Management Plan (FMP) for U.S. West Research Division’s Data Access loggerhead sea turtles that may occur
Coast Fisheries for Highly Migratory Program. within the SCB during the time period
Species (HMS) (50 CFR part 660, On March 5, 2015, the CPC issued an in which the regulation was intended to
subpart K). The fishery occurs off the El Niño advisory, declaring that El Niño protect loggerheads.
coast of California. The regulations conditions were present in equatorial
Authority: 16 U.S.C. 1801 et seq.
provide that ‘‘No person may fish with, waters. Subsequent CPC updates on
set, or haul back drift gillnet gear in U.S. April 9, 2015, and May 14, 2015, stated Dated: May 29, 2015.
waters of the Pacific Ocean east of the that El Niño conditions remain in these Samuel D. Rauch III,
120° W. meridian from June 1 through waters. The May 14, 2015, update Deputy Assistant Administrator for
August 31 during a forecasted, or predicts that there is an approximately Regulatory Programs, National Marine
occurring, El Niño event off the coast of 90 percent chance that El Niño will Fisheries Service.
southern California’’ (50 CFR continue through the northern [FR Doc. 2015–13601 Filed 5–29–15; 4:25 pm]
660.713(c)(2)). This area, which falls hemisphere summer of 2015, and a BILLING CODE 3510–22–P
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Document Created: 2015-12-15 15:08:39
Document Modified: 2015-12-15 15:08:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 12:01 a.m. Pacific Daylight Time (PDT), May 29, 2015, through 11:59 p.m. PDT, August 31, 2015. | |
| Contact | Lyle Enriquez, West Coast Region (WCR), NMFS, (562) 980-4025, [email protected] | |
| FR Citation | 80 FR 31486 | |
| RIN Number | 0648-XD94 |
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