Rule2022-18390
Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action
Primary source
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Published
August 25, 2022
Effective
August 23, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This notice document announces additional season dates and increases the daily bag limit for some Pacific halibut recreational fisheries in the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California. Specifically, this action adds season dates such that the Oregon Central Coast subarea will be open 7 days per week starting September 1, and increases the daily bag limit from one to two fish starting September 1 in the Oregon Central and Southern Coast subareas. This action also provides notice of the closure of the California subarea on August 7, 2022 that was announced by the IPHC on August 5, 2022. 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 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52351-52353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18390]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220325-0079; RTID 0648-XC261]
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 notice document announces additional season dates and
increases the daily bag limit for some Pacific halibut recreational
fisheries in the International Pacific Halibut Commission's (IPHC)
regulatory Area 2A off Washington, Oregon, and California.
Specifically, this action adds season dates such that the Oregon
Central Coast subarea will be open 7 days per week starting September
1, and increases the daily bag limit from one to two fish starting
September 1 in the Oregon Central and Southern Coast subareas. This
action also provides notice of the closure of the California
[[Page 52352]]
subarea on August 7, 2022 that was announced by the IPHC on August 5,
2022. This action is intended to conserve Pacific halibut and provide
angler opportunity where available.
DATES:
Effective date: This action is effective August 23, 2022, through
October 31, 2022.
Comments due date: Submit comments on or before September 9, 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#9cf6f3eff4e9fdb2f0f5f2f8effde5dcf2f3fdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="563c39253e2337783a3f383225372f163839373778313920">[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 continued lower than expected
landings in portions of 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 representatives of the IPHC, the
Pacific Fishery Management 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 various
state and subarea allocations, has little risk of the subarea or
coastwide allocation being exceeded from this action, 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.
In addition, the recreational (sport) management measures for 2022
(87 FR 19007; April 1, 2022) for the California Coast subarea state
that the fishery is open May 1 through November 15, or until the
subarea allocation is estimated to have been taken and the season is
therefore closed, whichever is earlier. The California subarea
allocation was estimated to have been taken on August 7, 2022, and
therefore the fishery closed. Closure of the California subarea was
announced by the IPHC on August 5, 2022.
Inseason Action
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, and increases the daily bag limit from one to two fish
for the Oregon Central and Southern Coast 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 Oregon Central Coast
subarea by setting open season dates 7 days per week beginning
September 1 through October 31. The fishery is currently scheduled to
be open every Thursday through Saturday starting August 4. This action
also allows for additional opportunity for anglers to retain up to two
Pacific halibut per person per day in the Oregon Central and Southern
Coast subareas beginning September 1. NMFS has determined that these
additional dates and increased bag limit are warranted due to lower
than expected landings through August 2022, and the expectation that a
substantial amount of subarea allocation will go unharvested without
additional fishing dates. As of August 10, anglers in the Oregon
Central Coast subarea have harvested 129,155 lb (58.58 mt) of the
269,782 lb (122.37 mt) allocation (48 percent), leaving 140,627 lb
(63.79 mt) remaining (52 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 August 5, 2022
(87 FR 47944) 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 and increased bag limit 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.
[[Page 52353]]
California Subarea
Description of the action: This inseason action provides notice of
closure for the recreational fishery in the California subarea,
effective Sunday, August 7 at 11:59 p.m..
Reason for the action: On August 3, 2022, NMFS received catch
information indicating that the catch amount for the recreational
Pacific halibut fishery off of California was projected to be 35,553 lb
(16.13 mt); out of an allocation of 38,740 lb (17.57 mt), with 3,187 lb
(1.45 mt) remaining. Weekly catch amounts have averaged 4,013 lb (1.82
mt) in 2022, which includes an outlying week of high catch. When this
week is removed, the average catch per week is 3,247 lb (1.47 mt).
Therefore, NMFS estimated that the subarea allocation would be attained
by August 7, 2022, triggering the closure of the fishery. IPHC issued a
media release on August 5, 2022, notifying the public of the closure on
August 7. This inseason is providing notice that the recreational
fishery off of the California coast is closed.
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 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. ODFW provided updated landings data to NMFS on August 4,
2022, showing that the fishery participants in the recreational fishery
off of the Oregon Central Coast had only caught 47 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 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 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 Oregon
subarea, indicating additional dates and an increased bag limit 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 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18390 Filed 8-23-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 25, 2022.
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