Rule2022-16852
Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action
Primary source
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Published
August 5, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces 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 following dates: the Washington Puget Sound subarea to open 7 days per week from August 11 through September 30; Washington North Coast subarea to open Thursday through Monday from August 11 through September 5, and 7 days per week from September 6 through September 30; Washington South Coast and Columbia River subareas to open August 19, 25, 28, September 3, 4, and 23; and Oregon Central Coast subarea to open every Thursday through Saturday from August 4 through October 31. 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 150 (Friday, August 5, 2022)</title>
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[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Rules and Regulations]
[Pages 47944-47946]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16852]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220325-0079]
RTID 0648-XC203
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 Pacific
halibut recreational fisheries in the International Pacific Halibut
Commission's regulatory Area 2A off Washington, Oregon, and California.
Specifically, this action adds the following dates: the Washington
Puget Sound subarea to open 7 days per week from August 11 through
September 30; Washington North Coast subarea to open Thursday through
Monday from August 11 through September 5, and 7 days per week from
September 6 through September 30; Washington South Coast and Columbia
River subareas to open August 19, 25, 28, September 3, 4, and 23; and
Oregon Central Coast subarea to open every Thursday through Saturday
from August 4 through October 31. This action is intended to conserve
Pacific halibut and provide angler opportunity where available.
DATES: This action is effective August 4, 2022, through October 31,
2022. Submit comments on or before August 22, 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 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: Joshua Lindsay, phone: 562-980-4034,
fax: 562-980-4018, or email: <a href="/cdn-cgi/l/email-protection#bfd5d0ccd7cade91d3d6d1dbccdec6ffd1d0dede91d8d0c9"><span class="__cf_email__" data-cfemail="fb919488938e9ad59792959f889a82bb95949a9ad59c948d">[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
[[Page 47945]]
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 continued lower than expected
landings in portions of Washington and Oregon, 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 various state and subarea allocations, there is little
risk of the subarea or coastwide allocation being exceeded from this
action, and this action 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
Washington and Columbia River Subareas
Description of the action: This inseason action implements
additional dates for the Washington Puget Sound, North Coast, South
Coast, and the 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 and
Columbia River subareas by opening fishing on the following dates: for
the Washington Puget Sound subarea, 7 days per week from August 11
through September 30; for the Washington North Coast subarea, Thursday
through Monday starting August 11 through September 5, and 7 days per
week from September 6 through September 30; for the Washington South
Coast and Columbia River subareas, August 19, 25, 28, and September 3,
4, and 23. The subareas are open on the dates listed above, or until
there is not sufficient allocation for another full day of fishing, and
the area is therefore closed. The recreational fishery in the
Washington Puget Sound subarea opened April 7, and the other Washington
subareas and the Columbia River subarea opened on May 5, 2022. NMFS has
determined that these additional dates are warranted due to lower than
expected landings through June 2022 (the Washington and Columbia River
subareas were not open in July), and the expectation that a substantial
amount of subarea allocation will go unharvested without additional
fishing dates. NMFS previously published an inseason action on June 14,
2022 (87 FR 35901) to add 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. As of
July 15, anglers in the Washington and Columbia River subareas combined
have harvested 173,372 lb (78.64 mt) of the 304,649 lb (138.19 mt)
allocation (57 percent), leaving 131,277 lb (59.55 mt) remaining (43
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 June 2021, fishery
participants in the Washington Puget Sound, North Coast, South Coast,
and Columbia River subareas had attained 68 percent of the available
recreational allocation. Without the additional fishing days being
implemented through this action, there is likely to be substantial
unharvested allocation in this subarea.
Oregon Central Coast Subarea
Description of the action: This inseason action implements
additional dates for summer 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 every Thursday through Saturday from August 4 through October
31. The fishery was already scheduled to be open every other Thursday
through Saturday starting August 4. 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 July 2022, and the expectation that a substantial amount of
subarea allocation will go unharvested without additional fishing
dates. As of July 13, anglers in the Oregon Central Coast subarea have
harvested 110,918 lb (50.31 mt) of the 269,782 lb (122.37 mt)
allocation (41 percent), leaving 158,864 lb (72.06 mt) remaining (59
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 compared to 2021. NMFS previously
published an inseason action on July 7, 2022 (87 FR 41259) to add
additional fishing dates in this subarea. However, catch information to
date shows that even with the increased fishing dates provided for in
the final rule and inseason action, participants in the fishery are
unlikely to harvest the full subarea allocation. Without the additional
fishing days in this action, there is likely to be substantial
unharvested allocation in this 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 for Washington on September 30, and for Oregon on
October 31, 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 July
15, 2022, showing that the fishery participants in the recreational
fishery off of the
[[Page 47946]]
Washington and Columbia River subareas had only caught 57 percent of
the allocation, while anglers in the Oregon Central Coast had only
caught 41 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. 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 in Washington
closes on September 30 and the fishery in Oregon 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 Washington and Oregon 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 fisheries in the Washington
and Oregon 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: August 1, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-16852 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 5, 2022.
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