Rule2021-18211
Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2021
Effective
August 20, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces two additional season dates of August 27 and September 24 for the Washington South Coast and Columbia River subareas for 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 161 (Tuesday, August 24, 2021)</title>
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[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47238-47240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18211]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No.: 210415-0082]
RTID 0648-XB316
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 two additional season dates of August
27 and September 24 for the Washington South Coast and Columbia River
subareas for 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 August 20, 2021, through September 30,
2021. Submit comments on or before September 8, 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 https://
[[Page 47239]]
www.federalregister.gov/. 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#2843495c405a5146064a4449415a6846474949064f475e"><span class="__cf_email__" data-cfemail="e28983968a909b8ccc808e838b90a28c8d8383cc858d94">[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. Regulations at
this section also state that NMFS may take inseason action to transfer
projected unused quota from recreational fisheries north of Cape
Falcon, Oregon, and transfer it to another Washington subarea (50 CFR
300.63(c)(iii)).
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 July 23, 2021, NMFS
determined the following inseason action is necessary to meet the
management objective of attaining the subarea allocations, and is
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
two additional fishing dates for the Washington South Coast and
Columbia River subareas during the 2021 recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in Washington on August 27
and September 24. NMFS has determined that these additional dates are
warranted due to much lower than expected landings through July 2021,
and the expectation that a substantial amount of subarea allocation
will go unharvested without additional fishing dates. As of July 22,
anglers in all Washington and Columbia River subareas have harvested
203,899 lb (92.5 mt) of the 289,517 lb (131.3 mt) allocations, leaving
85,618 lb remaining (30 percent of the subarea allocation). For
reference, in 2018 and 2019, all Washington and Columbia River subareas
had attained 94 and 93 percent, respectively, of the available
recreational quota by the end of June. On July 21, 2021, NMFS published
an inseason (86 FR 38415) adding additional open dates for the
Washington North Coast and Puget Sound subareas based on data through
June 10, 2021. Catch tracked lower than anticipated for the remaining
June season dates and even with the additional 17 fishing dates, NMFS
estimates that there would be quota remaining from the Washington
allocation. Without additional fishing days in this action, the season
dates implemented in the April 21, 2021 (86 FR 20638) final rule and
including the additional days in the July 21, 2021 inseason (86 FR
38415), would likely result in substantial unharvested quota in the
state of Washington.
In order for anglers to have the opportunity to achieve the
combined subarea allocations in Washington, and with little risk of the
quota being exceeded, WDFW requested NMFS implement additional season
dates for participants in the Washington South Coast and Columbia River
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) and the July 21, 2021
inseason (86 FR 38415). Specifically, the additional season dates for
the Washington South Coast and Columbia River subareas are August 27
and September 24. These additional dates result in up to two statewide
open days, with the Washington North Coast and Puget Sound already
scheduled to be open on those dates. 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 additional dates 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 until NMFS has determined there is not sufficient quota for
another full day of fishing, and the area is closed by the IPHC, or the
season closes on September 30, whichever is earlier.
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 July 22, 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 Washington recreational fishery have only caught 70
percent of all Washington and the Columbia River subarea's combined
allocations. 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
[[Page 47240]]
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 combined Washington and Columbia River subarea allocations
would not be harvested, limiting economic benefits to the participants
and not meeting the goals of the Catch Sharing 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 for public inspection, 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: August 19, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2021-18211 Filed 8-20-21; 4:15 pm]
BILLING CODE 3510-22-P
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