Rule2022-12811
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
June 14, 2022
Effective
June 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces four additional season dates for Pacific halibut recreational fisheries in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. Specifically, this action adds the dates of June 10, 17, and 24 for the Washington North Coast subarea, June 28 and 30 for the Washington South Coast subarea, and June 13 and 20 for the Columbia River subarea, which includes waters off Washington and Oregon. This action is intended to conserve Pacific halibut and provide angler opportunity where available.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Rules and Regulations]
[Pages 35901-35903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12811]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220325-0079; RTID 0648-XC089]
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.
-----------------------------------------------------------------------
SUMMARY: This document announces four additional season dates for
Pacific halibut recreational fisheries in the International Pacific
Halibut Commission's regulatory Area 2A off Washington, Oregon, and
California. Specifically, this action adds the dates of June 10, 17,
and 24 for the Washington North Coast subarea, June 28 and 30 for the
Washington South Coast subarea, and June 13 and 20 for the Columbia
River subarea, which includes waters off Washington and Oregon. This
action is intended to conserve Pacific halibut and provide angler
opportunity where available.
DATES: This action is effective June 9, 2022, through September 30,
2022. Submit comments on or before June 29, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-0003, by
either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0003 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Scott M. Rumsey, 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/2022-pacific-halibut-catch-sharing-plan">https://www.fisheries.noaa.gov/action/2022-pacific-halibut-catch-sharing-plan</a> and at the Pacific Fishery
Management Council's (Council) website at <a href="https://www.pcouncil.org">https://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: Joshua Lindsay, phone: 562-980-4034,
fax: 562-980-4018, or email: <a href="/cdn-cgi/l/email-protection#1b717468736e7a357772757f687a625b75747a7a357c746d"><span class="__cf_email__" data-cfemail="c7ada8b4afb2a6e9abaea9a3b4a6be87a9a8a6a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 1, 2022, NMFS published a final
rule approving changes to the Pacific halibut Area 2A Catch Sharing
Plan and implementing recreational (sport) management measures for 2022
(87 FR 19007), as authorized by the Northern Pacific Halibut Act of
1982 (16 U.S.C. 773-773(k)). The 2022 Catch Sharing Plan provides a
recommended framework for NMFS' annual management measures and subarea
allocations based on the 2022 Area 2A Pacific halibut catch limit of
1,490,000 pounds (lb) (675.9 metric tons (mt)) set by the International
Pacific Halibut Commission (IPHC). 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 to modify annual regulations during
the season. These inseason provisions allow the Regional Administrator
to modify sport (recreational) 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 and Oregon, specifically the Washington North
and South Coast subareas and Columbia
[[Page 35902]]
River subarea, inseason action to modify the 2022 annual regulations
for the recreational fishery is warranted at this time to provide
additional opportunity for fishery participations to achieve the Area
2A allocations as published in the final rule (87 FR 19007; April 1,
2022). As stated above, inseason modification of the fishing season is
authorized by Federal regulations at 50 CFR 300.63(c). After consulting
with IPHC, the Council, the Washington Department of Fish and Wildlife
(WDFW), and the Oregon Department of Fish and Wildlife (ODFW), 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 three
additional fishing dates for the Washington North Coast, two additional
fishing dates for the Washington South Coast, and two additional dates
for Columbia River subareas during the 2022 recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Washington North
Coast subarea on June 10, 17, and 24, the South Coast subarea on June
28 and 30, and the Columbia River subarea on June 13 and 20. The
recreational fishery in these subareas opened on May 5, 2022. NMFS has
determined that these additional dates are warranted due to lower than
expected landings through May 2022, and the expectation that a
substantial amount of subarea allocation will go unharvested without
additional fishing dates. As of May 27, anglers in the Washington North
and South Coast and Columbia River subareas have harvested 35,066 lb
(15.91 mt) of the 221,439 lb (100.44 mt) allocations (16 percent),
leaving 186,373 lb (84.54 mt) remaining (84 percent of the subarea
allocation). This is a result of poor weather and ocean conditions
preventing anglers from safely participating in the recreational
fishery off the coast of Washington and the area off of the Columbia
River. For reference, by the end of May 2021, fishery participants in
the Washington North and South Coast and Columbia River subareas had
attained 74 percent of the available recreational allocation. Without
the additional fishing days in this action, the season dates
implemented in the April 1, 2022 (87 FR 19007), final rule would likely
result in substantial unharvested allocation in these subareas.
After consulting with WDFW and ODFW, it was determined that in
order for anglers to have the opportunity to achieve the combined
subarea allocations in Washington and off the Columbia River, and with
little risk of the subarea or coastwide allocations being exceeded,
additional season dates were warranted for participants in the
Washington North and South Coast and Columbia River subareas.
Therefore, through this action NMFS is announcing new season dates in
June that were not previously implemented in the April 1, 2022, final
rule (87 FR 19007). Specifically, the additional season dates for the
Washington North Coast subarea are June 10, 17, and 24, Washington
South Coast are June 28 and 30, and June 13 and 20 for the Columbia
River subarea.
Notice of these additional dates will also be announced on the NMFS
hotline at 206-526-6667 or 800-662-9825.
Weekly catch 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 allocation
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 and ODFW provided updated landings data to NMFS on May
27, 2022, showing that the fishery participants in the recreational
fishery off of Washington had only caught 16 percent of Washington
North and South Coast 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 2022 is
substantially lower than past years for this same point in time, and
was not anticipated when the 2022 final rule setting the 2022
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, 2022, 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 Washington North and
South Coast and Columbia River subarea allocations are unlikely to be
harvested, limiting economic benefits to the participants and not
meeting the goals of the Catch Sharing Plan and the 2022 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
[[Page 35903]]
fisheries in Washington subareas, indicating additional dates should be
added to the fishery to ensure optimal and sustainable harvest of the
subarea allocation. 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 the
recreational Pacific halibut fishery to be met.
Dated: June 9, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-12811 Filed 6-9-22; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.