81 FR 35653 - Fisheries Off West Coast States; the Highly Migratory Species Fishery; Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 107 (June 3, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 107 (June 3, 2016)
| Page Range | 35653-35653 | |
| FR Document | 2016-13137 |
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)] [Rules and Regulations] [Page 35653] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13137] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 031125294-4091-02] RIN 0648-XE621 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 June 1, 2016, through August 31, 2016. 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 protects 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, 2016, through 11:59 p.m. PDT, August 31, 2016. FOR FURTHER INFORMATION CONTACT: Keith Shattenkirk, West Coast Region (WCR), NMFS, (562) 980-3248, [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 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 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 third and second months prior to the month of closure. 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 on issuance of an incidental take permit under the Marine Mammal Protection Act. 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 the summer months when El Ni[ntilde]o conditions are present to avoid the likelihood of jeopardy. 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. Since that initial advisory, all monthly CPC updates have stated that El Ni[ntilde]o conditions remain in these waters. The May 12, 2016, update reaffirmed El Ni[ntilde]o conditions are currently present. In May 2016, NMFS staff reviewed the SST anomalies in the SCB during March and April of 2016, 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. NMFS 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). 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. 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 are impracticable and contrary to the public interest. The most recent El Ni[ntilde]o determination occurred on May 12, 2016, 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, 2016. 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 27, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-13137 Filed 5-31-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35653
§ 73.622 [Amended] fish with, set, or haul back drift gillnet index.html). These maps indicated that
■ 2. Amend § 73.622(i), the Post- gear in U.S. waters of the Pacific Ocean SSTs were above normal in the SCB.
Transition Table of DTV Allotments east of the 120° W. meridian from June NMFS concluded that a determination
under Nebraska, by removing channel 7 1 through August 31 during a of El Niño conditions off southern
at Scottsbluff and adding, in forecasted, or occurring, El Niño event California is warranted based on SSTs
alphabetical order, Sidney, channel 7. off the coast of southern California (50 that are warmer than normal during the
CFR 660.713(c)(2)). This area, which third and second months prior to the
[FR Doc. 2016–12603 Filed 6–2–16; 8:45 am]
falls within the Southern California month of the closure, consistent with
BILLING CODE 6712–01–P
Bight (SCB), is referred to in the regulations at 50 CFR 660.713(c)(2)(ii).
regulations as the ‘‘Pacific loggerhead If SSTs return to normal or below
conservation area.’’ normal during a closure period,
DEPARTMENT OF COMMERCE Under 50 CFR 660.713(c)(2)(ii), the regulations at 50 CFR 660.713(c)(2)(iii)
AA is to rely on information developed state that the AA may re-open the
National Oceanic and Atmospheric by NOAA offices (the Climate fishery after publishing a Federal
Administration Prediction Center (CPC) and the West Register notice announcing that El Niño
Coast Office of the Coast Watch conditions are no longer present in the
50 CFR Part 660 program) to make the determination that SCB.
[Docket No. 031125294–4091–02] an El Niño event is forecasted or
occurring off southern California. The Classification
RIN 0648–XE621 AA is to use monthly sea surface This action is required by regulations
Fisheries Off West Coast States; the temperature (SST) charts to determine at 50 CFR 660.713 and is exempt from
Highly Migratory Species Fishery; whether there are warmer-than-normal Office of Management and Budget
Closure SSTs off southern California ‘‘during the review under Executive Order 12866.
months prior to the closure months for NMFS finds good cause to waive the
AGENCY: National Marine Fisheries years in which an El Niño event has requirement to provide prior notice and
Service (NMFS), National Oceanic and been declared’’ by the CPC. Specifically, opportunity for public comment
Atmospheric Administration (NOAA), the AA is to use SST data from the third pursuant to the authority set forth at 5
Commerce. and second months prior to the month U.S.C. 553(b)(B) for the time-area
ACTION: Temporary rule; closure. of closure. closure of the DGN fishery. Notice and
NMFS published these regulations to comment procedures are impracticable
SUMMARY: NMFS is prohibiting fishing protect loggerhead sea turtles, which are and contrary to the public interest. The
with large-mesh drift gillnet (DGN) gear listed under the Endangered Species most recent El Niño determination
(>14 inches mesh) off the coast of Act. The regulations addressed a occurred on May 12, 2016, and
southern California east of 120° W. reasonable and prudent alternative regulations require that the closure
meridian from June 1, 2016, through (RPA) included in NMFS’ 2000 period begin on June 1; therefore, there
August 31, 2016. This prohibition is biological opinion on issuance of an is insufficient time for notice and
based on the Assistant Administrator for incidental take permit under the Marine comment procedures. For the same
Fisheries’ (AA’s) determination that El Mammal Protection Act. The biological reasons, NMFS also finds good cause
Niño conditions are occurring off the opinion concluded that bycatch in the under 5 U.S.C. 553(d)(3) to waive the
coast of southern California. This action DGN fishery was likely to jeopardize the general requirement for a 30-day delay
protects Endangered Species Act-listed continued existence of loggerhead sea in effectiveness for this action. This
loggerhead sea turtles (Caretta caretta), turtles and, as an RPA, recommended measure is based upon the best available
specifically the endangered North the fishery be closed during the summer information and is necessary for the
Pacific Ocean Distinct Population months when El Niño conditions are conservation of loggerhead sea turtles.
Segment. present to avoid the likelihood of The closure period anticipated by the
DATES: Effective 12:01 a.m. Pacific jeopardy. regulation ends, at the latest, on August
Daylight Time (PDT), June 1, 2016, On March 5, 2015, the CPC issued an 31, 2016. A delay in effectiveness may
through 11:59 p.m. PDT, August 31, El Niño Advisory, declaring that El Niño allow the fishery to interact with and
2016. conditions were present in equatorial injure or kill loggerhead sea turtles that
waters. Since that initial advisory, all may occur within the SCB during the
FOR FURTHER INFORMATION CONTACT: monthly CPC updates have stated that time period in which the regulation was
Keith Shattenkirk, West Coast Region El Niño conditions remain in these intended to protect loggerheads.
(WCR), NMFS, (562) 980–3248, waters. The May 12, 2016, update
keith.shattenkirk@noaa.gov. Authority: 16 U.S.C. 1801 et seq.
reaffirmed El Niño conditions are
SUPPLEMENTARY INFORMATION: The DGN currently present. Dated: May 27, 2016.
fishery is managed under the Fishery In May 2016, NMFS staff reviewed the Samuel D. Rauch III,
Management Plan for U.S. West Coast SST anomalies in the SCB during March Deputy Assistant Administrator for
Fisheries for Highly Migratory Species and April of 2016, relying on SST maps Regulatory Programs, National Marine
(50 CFR part 660, subpart K) and occurs available through NOAA’s Coast Watch Fisheries Service.
off the coast of California. NMFS program (for details see http:// [FR Doc. 2016–13137 Filed 5–31–16; 4:15 pm]
regulations provide that no person may coastwatch.pfeg.noaa.gov/erddap/ BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
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Document Created: 2018-02-08 07:30:04
Document Modified: 2018-02-08 07:30:04
| 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), June 1, 2016, through 11:59 p.m. PDT, August 31, 2016. | |
| Contact | Keith Shattenkirk, West Coast Region (WCR), NMFS, (562) 980-3248, [email protected] | |
| FR Citation | 81 FR 35653 | |
| RIN Number | 0648-XE62 |
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