Rule2021-15451
Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action
Primary source
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Published
July 21, 2021
Effective
July 16, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces additional season dates for the Washington North Coast and Puget Sound Pacific halibut recreational fisheries in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. This action is intended to conserve Pacific halibut and provide angler opportunity where available.
Full Text
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<title>Federal Register, Volume 86 Issue 137 (Wednesday, July 21, 2021)</title>
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[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38415-38416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15451]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210415-0082; RTID 0648-XB187]
Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
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SUMMARY: This document announces additional season dates for the
Washington North Coast and Puget Sound Pacific halibut recreational
fisheries in the International Pacific Halibut Commission's regulatory
Area 2A off Washington, Oregon, and California. This action is intended
to conserve Pacific halibut and provide angler opportunity where
available.
DATES: This action is effective July 16, 2021, through September 30,
2021. Submit comments on or before August 5, 2021.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0157, by
either of the following methods:
<bullet> Federal e-Rulemaking Portal: Go to <a href="http://www.regulations.gov/docket/NOAA-NMFS-2020-0157">www.regulations.gov/docket/NOAA-NMFS-2020-0157</a>, click the ``Comment'' icon, complete the
required fields, and enter or attach your comments.
<bullet> Mail: Submit written comments to Barry Thom, c/o Kathryn
Blair, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post them for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender is publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Docket: This rule is accessible via the internet at the Office of
the Federal Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>.
Background information and documents are available at the NOAA
Fisheries website at <a href="https://www.fisheries.noaa.gov/action/2021-pacific-halibut-catch-sharing-plan">https://www.fisheries.noaa.gov/action/2021-pacific-halibut-catch-sharing-plan</a> and at the Council's website at
<a href="http://www.pcouncil.org">http://www.pcouncil.org</a>. Other comments received may be accessed
through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
fax: 503-231-6893, or email: <a href="/cdn-cgi/l/email-protection#355e54415d474c5b1b5759545c47755b5a54541b525a43"><span class="__cf_email__" data-cfemail="1972786d716b6077377b7578706b5977767878377e766f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 21, 2021, NMFS published a final
rule implementing the Pacific halibut Area 2A Catch Sharing Plan and
recreational (sport) management measures for 2021 (86 FR 20638), as
authorized by the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-
773(k)). The 2021 Catch Sharing Plan provides a recommended framework
for NMFS' annual management measures and subarea allocations based on
the 2021 Area 2A Pacific halibut catch limit of 1,510,000 pounds (lb)
(684.9 metric tons (mt)). These Pacific halibut management measures
include recreational fishery season dates and subarea allocations.
Federal regulations at 50 CFR 300.63(c), ``Flexible Inseason
Management Provisions for Sport Halibut Fisheries in Area 2A,'' allow
the NMFS' Regional Administrator, after consultation with the Chairman
of the Pacific Fishery Management Council (Council), the Executive
Director of the International Pacific Halibut Commission (IPHC), and
the Fisheries Directors of the affected states, or their designees, to
modify annual regulations during the season. These inseason provisions
allow the Regional Administrator to modify sport fishing periods, bag
limits, size limits, days per calendar week, and subarea quotas, if it
is determined it is necessary to meet the allocation objectives and the
action will not result in exceeding the catch limit.
NMFS has determined that, due to lower than expected landings in
portions of Washington, inseason action to modify the 2021 annual
regulations is warranted at this time to help ensure the Area 2A
allocations as published in the final rule (86 FR 20638; April 21,
2021) are met. As stated above, inseason modification of the fishing
season is authorized by Federal regulations at 50 CFR 300.63(c). After
a virtual consultation with IPHC, the Council, and the Washington
Department of Fish and Wildlife (WDFW) on June 4, 2021, and further
consultation with WDFW, NMFS determined the following inseason action
is necessary to meet the management objective of attaining the subarea
allocations, and are consistent with the inseason management provisions
allowing for the modification of sport fishing periods and sport
fishing days per calendar week. Notice of these additional dates and
closure of the fisheries will also be announced on the NMFS hotline at
206-526-6667 or 800-662-9825.
Inseason Action
Description of the action: This inseason action implements up to 17
additional fishing dates for the Puget Sound and North Coast subareas
in the state of Washington during the 2021 recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in Washington's Puget Sound
and North Coast subareas to achieve the respective subarea allocations
without exceeding them. NMFS has determined that these additional dates
are warranted due to much lower than expected landings through mid-June
2021, and the expectation that a substantial amount of subarea
allocation will go unharvested without additional fishing dates. As of
June 10, the North Coast subarea has harvested 34,229 lbs of the
128,928 lb (58.5 mt) (27 percent) subarea allocation and the Puget
Sound subarea has harvested 37,409 lbs of the 78,291 lbs (35.5 mt) (48
percent) subarea allocation. For reference, in 2018 and 2019, the North
Coast subarea either was close to or had attained the available
recreational quota by the end of June. Without additional fishing days,
the season dates implemented in the April 21, 2021 (86 FR 20638) final
rule would likely result in substantial unharvested quota in these two
subareas.
In order for anglers to have the opportunity to achieve the subarea
allocations, and with little risk of the quota being exceeded, WDFW
requested NMFS implement additional season dates for participants in
the Puget Sound and North Coast subareas. Therefore, through this
action NMFS is announcing new season dates in August and September that
were not previously implemented in the April 21, 2021 final rule (86 FR
20638). Specifically, the additional season dates for the Puget
[[Page 38416]]
Sound and North Coast subareas are August 19-21, 26-28; September 2-4,
9-11, 16-18, and 23-24. WDFW recommended these dates to NMFS after
consultation with their stakeholders.
These dates were determined in consultation with WDFW, the Council,
and IPHC. Notice of these and potential additional dates and closure of
the fisheries will also be announced on the NMFS hotline at 206-526-
6667 or 800-662-9825.
Weekly quota monitoring reports for the recreational fisheries in
Washington, Oregon, and California are available on their respective
state Fish and Wildlife agency websites. NMFS and the IPHC will
continue to monitor recreational catch obtained via state sampling
procedures.
Classification
NMFS issues this action pursuant to the Northern Pacific Halibut
Act of 1982. This action is taken under the regulatory authority at 50
CFR 300.63(c), and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to waive
prior notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. WDFW provided updated landings data to NMFS on June 10, 2021,
and requested additional fishing dates be added before the close of the
recreational halibut fishery on September 30, 2021, as the fishery
participants in the North Coast and Puget Sound subareas have only
caught 35 percent of the two areas' combined allocation. NMFS uses
fishing rates from previous years to determine the number of
recreational fishing dates needed to attain subarea allocations. The
level of attainment of the allocation for 2021 is much lower than past
years for this same point in time, and was not anticipated when the
2021 final rule setting the 2021 recreational fishery season dates was
developed. This action should be implemented as soon as possible to
allow fishery participants to take advantage of the additional fishing
dates prior to the end of the season. As the fishery closes on
September 30, 2021, implementing this action through proposed and final
rulemaking would limit the benefit this action would provide to fishery
participants. Without implementation of additional season dates, the
Puget Sound and North Coast subareas would not harvest their full
subarea allocations, limiting economic benefits to the participants and
not meeting the goals of the Catch Share Plan and the 2021 management
measures. It is necessary that this rulemaking be implemented in a
timely manner so that planning for these new fishing days can take
place, and for business and personal decision making by the regulated
public impacted by this action, which includes recreational charter
fishing operations, associated port businesses, and private anglers who
do not live near the coastal access points for this fishery, among
others. To ensure the regulated public is fully aware of this action,
notice of this regulatory action will also be provided to anglers
through a telephone hotline, news release, and by the relevant state
fish and wildlife agencies. NMFS will receive public comments for 15
days after publication of this action, in accordance with 50 CFR
300.63(c)(4)(ii). No aspect of this action is controversial, and
changes of this nature were anticipated in the process described in
regulations at 50 CFR 300.63(c).
For the reasons discussed above, there is also good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make
this action effective immediately upon filing, as a delay in
effectiveness of this action would constrain fishing opportunity and be
inconsistent with the goals of the Catch Sharing Plan and current
management measures, as well as potentially limit the economic
opportunity intended by this rule to the associated fishing
communities. NMFS regulations allow the Regional Administrator to
modify sport fishing periods, bag limits, size limits, days per
calendar week, and subarea quotas, provided that the action allows
allocation objectives to be met and will not result in exceeding the
catch limit for the subarea. NMFS recently received information on the
progress of landings in the recreational fisheries in Washington
subareas, indicating additional dates should be added to the fishery to
ensure optimal and sustainable harvest of the quota. As stated above,
it is in the public interest that this action is not delayed, because a
delay in the effectiveness of these new dates would not allow the
allocation objectives of this fishery to be met.
Dated: July 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-15451 Filed 7-16-21; 4:15 pm]
BILLING CODE 3510-22-P
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