Rule2022-14843
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
July 12, 2022
Effective
July 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces six 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 July 14-16 and 28-30 for the Oregon Central Coast subarea. This action is intended to conserve Pacific halibut and provide angler opportunity where available.
Full Text
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<title>Federal Register, Volume 87 Issue 132 (Tuesday, July 12, 2022)</title>
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[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Rules and Regulations]
[Pages 41259-41260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14843]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220325-0079; RTID 0648-XC147]
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 six 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 July 14-16 and
28-30 for the Oregon Central Coast subarea. This action is intended to
conserve Pacific halibut and provide angler opportunity where
available.
DATES: This action is effective July 7, 2022, through October 31, 2022.
Submit comments on or before July 27, 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#9ff5f0ecf7eafeb1f3f6f1fbecfee6dff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="88e2e7fbe0fde9a6e4e1e6ecfbe9f1c8e6e7e9e9a6efe7fe">[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 Oregon, specifically the Central Coast 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, 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 six
additional dates for spring all-depth fishing in the Oregon Central
Coast subarea during the 2022 recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Oregon Central Coast
subarea on July 14-16 and 28-30. The recreational fishery in this
subarea opened on May 12, 2022. NMFS has determined that these
additional dates are warranted due to lower than expected landings
through June 2022, and the expectation that a substantial amount of
subarea allocation will go unharvested without additional fishing
dates. As of June 23, anglers in the Oregon Central Coast subarea have
harvested 83,156 lb (37.72 mt) of the 169,963 lb (77.09 mt) allocation
(49 percent), leaving 86,807 lb (39.38 mt) remaining (51 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 Oregon. After 163,231 lb (74.04
mt) of the subarea allocation went unharvested in 2021, NMFS included
more season days in 2022. NMFS implemented season dates of May 12,
seven days per week, through June 30, and July 7-9 and 21-23, in the
April 1, 2022 final rule (87 FR 19007), to allow anglers more
opportunity to achieve the Oregon Central Coast allocation. However,
catch information to date shows that even with the increased fishing
dates provided for in the final rule, the fishery is unlikely to take
the full subarea 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 this subarea.
After consulting with ODFW, it was determined that in order for
anglers to have the opportunity to achieve the subarea allocation in
Central Oregon, and with little risk of the subarea or coastwide
allocation being exceeded, additional season dates were warranted for
participants in the Oregon Central Coast subarea. Therefore, through
this action NMFS is announcing new season
[[Page 41260]]
dates in July that were not previously implemented in the April 1,
2022, final rule (87 FR 19007). Specifically, the additional season
dates for spring all-depth fishing in the Oregon Central Coast subarea
are July 14-16 and 28-30.
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. ODFW provided updated landings data to NMFS on June 23, 2022,
showing that the fishery participants in the recreational fishery off
of the Oregon Central Coast had only caught 49 percent of the subarea
allocation. NMFS uses fishing rates from previous years to determine
the number of recreational fishing dates needed to attain subarea
allocations. NMFS implemented season dates of May 12, seven days per
week, through June 30, including more season dates in 2022 than in
2021. Even with the fishery open each day for over half of May and all
of June, the level of attainment of the allocation for 2022 is
substantially lower than 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 October 31, 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, a significant portion of the
Oregon Central Coast subarea allocation is 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 fisheries in the Oregon
subarea, 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: July 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-14843 Filed 7-7-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 12, 2022.
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