Rule2023-12071
Pacific Halibut Fisheries of the West Coast; Catch Sharing Plan; Inseason Action
Primary source
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Published
June 6, 2023
Effective
June 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces inseason actions for certain subareas in the Pacific halibut recreational fishery in the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. Specifically, this action increases the bag limit from one to two fish per day in the Oregon Central Coast and Southern Oregon subareas starting June 12. It also adds the season dates of June 9, 11, 16, 18, 23, 25, and 30 for the Washington North Coast subarea and June 13 and 20 for the Columbia River 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 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36973-36975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12071]
[[Page 36973]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket no. 230331-0089]
RTID 0648-XD042
Pacific Halibut Fisheries of the West Coast; 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: NMFS announces inseason actions for certain subareas in the
Pacific halibut recreational fishery in the International Pacific
Halibut Commission's regulatory Area 2A off Washington, Oregon, and
California. Specifically, this action increases the bag limit from one
to two fish per day in the Oregon Central Coast and Southern Oregon
subareas starting June 12. It also adds the season dates of June 9, 11,
16, 18, 23, 25, and 30 for the Washington North Coast subarea and June
13 and 20 for the Columbia River subarea. This action is intended to
conserve Pacific halibut and provide angler opportunity where
available.
DATES: Effective date: June 2, 2023, through October 31, 2023.
Comment date: Comments due on or before June 21, 2023.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2023-0128, 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-2023-0128 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 Jennifer Quan, Regional
Administrator, c/o Katie Davis, West Coast Region, NMFS, 500 W Ocean
Blvd., Long Beach, CA 90802.
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/2023-pacific-halibut-recreational-fishery">https://www.fisheries.noaa.gov/action/2023-pacific-halibut-recreational-fishery</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: Katie Davis, phone: 323-372-2126 or
email: <a href="/cdn-cgi/l/email-protection#dcb7bda8b5b9f2b8bdaab5af9cb2b3bdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="5a313b2e333f743e3b2c33291a34353b3b743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 11, 2023, NMFS published a final
rule approving changes to the Pacific halibut Area 2A Catch Sharing
Plan and implementing recreational (sport) management measures for 2023
(88 FR 21503), as authorized by the Northern Pacific Halibut Act of
1982 (16 U.S.C. 773-773(k)). The Pacific Fishery Management Council
(Council) 2023 Catch Sharing Plan provides a recommended framework for
NMFS' annual management measures and subarea allocations based on the
2023 Area 2A Pacific halibut catch limit of 1,520,000 pounds (lb) (689
metric tons (mt)) set by the International Pacific Halibut Commission
(IPHC). The Area 2A catch limit and commercial fishery allocations were
adopted by the IPHC and were published in the Federal Register on March
7, 2023 (88 FR 14066) after acceptance by the Secretary of State, with
concurrence from the Secretary of Commerce, in accordance with 50 CFR
300.62. The Area 2A Pacific halibut management measures include
recreational fishery season dates, bag limits, and subarea allocations.
Federal regulations at 50 CFR 300.63(c)(6), ``Inseason Management
for Recreational (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 recreational (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.
NMFS has determined that, due to lower than expected landings in
the Central Oregon Coast and Southern Oregon subareas, the Washington
North Coast subarea, and the Columbia River subarea, inseason action to
modify the 2023 annual regulations for the recreational fishery is
warranted at this time to provide additional opportunity for fishery
participants to achieve the Area 2A subarea allocations. As stated
above, inseason modification of fishing season dates and bag limits is
authorized by Federal regulations at 50 CFR 300.63(c)(6). After
consulting with the 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 actions are
necessary to meet the management objective of attaining subarea
allocations, will not result in exceeding any subarea allocations, and
are consistent with the inseason management provisions allowing for the
modification of recreational fishing periods, recreational fishing days
per calendar week, and fishing bag limits. Notice of these additional
dates and increased bag limits will also be announced on the NMFS
hotline at 206-526-6667 or 800-662-9825.
Inseason Action
Oregon Central Coast and Southern Oregon subareas
Description of the action: This inseason action implements an
increase in the bag limit from one fish per day, to two fish per day in
the Oregon Central Coast and Southern Oregon subareas for the remainder
of the 2023 recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Oregon Central Coast
and Southern Oregon subareas. The recreational fishery in these
subareas opened on May 1, 2023. NMFS has determined an increased bag
limit is warranted due to lower than expected landings through May 19,
2023, and the expectation that a substantial amount of the Oregon
combined allocation will go unharvested without increased bag limits.
As of May 13, anglers in the Oregon Central Coast and Southern Oregon
subareas have harvested 27,837 lb (12.63 mt) of the 293,436 lb (133.10
mt) allocation (9 percent), leaving 265,599 lb (120.47 mt) remaining
(91 percent of the subarea allocation). Without the increased bag
limits in this action, the bag limits implemented in the April 11, 2023
(88 FR 21503, April 11, 2023) final rule would likely result in
substantial unharvested allocation in the combined Oregon Central Coast
and Southern Oregon subareas. The Catch
[[Page 36974]]
Sharing Plan stipulates that ``if the Central Oregon Coast Subarea
allocation (all-depth and nearshore combined) is 200,000 pounds or
greater, the daily bag limit may be increased to two fish per day,
based on consultation between ODFW, NMFS, IPHC, and PFMC with the
intent of taking the entire subarea allocation by September 30.'' The
Catch Sharing Plan also specifies that when the bag limit for the
Oregon Central Coast subarea is increased from one to two fish, the bag
limit for the Southern Oregon subarea is also increased.
After consulting with ODFW, it was determined that in order for
anglers to have the opportunity to achieve the combined Oregon Central
Coast and Southern Oregon subarea allocations, with little risk of the
subareas or coastwide allocation being exceeded, increased bag limits
are warranted for participants in these two Oregon subareas. Therefore,
through this action, NMFS is announcing higher bag limits than those
previously implemented in the final rule on April 11, 2023 (88 FR
21503, April 11, 2023). Specifically, the bag limits are increased for
the Oregon Central Coast and Southern Oregon subareas from one fish to
two fish per day.
Notice of these increased bag limits will also be announced on the
NMFS hotline at 206-526-6667 or 800-662-9825.
Washington North Coast subarea
Description of the action: This inseason action implements seven
additional fishing dates for the Washington North Coast subarea during
the 2023 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 by opening the fishery on June 9, 11, 16, 18, 23, 25, and
30. The recreational fishery in this subarea opened on May 4, 2023.
NMFS has determined that these additional dates are warranted due to
lower than expected landings through May 19, 2023, and the expectation
that a substantial amount of subarea allocation will go unharvested
without additional fishing dates. Fishing dates were set with the
expectation that effort would return to pre-pandemic levels and with
the intention of attaining most of the allocation before the end of
June, with some allocation left for late summer opportunity. However,
effort has not returned to pre-pandemic levels, likely due to high fuel
prices and the resulting high cost of driving to remote port locations
in the North Coast subarea as well as high vessel fuel prices, as well
as reports of lower catch per unit effort (CPUE) and smaller halibut.
As of May 14, anglers in the Washington North Coast subarea have
harvested 15,217 lb (6.90 mt) of the 129,668 lb (58.82 mt) allocation
(12 percent), leaving 114,451 lb (51.92 mt) remaining (88 percent of
the subarea allocation). Without the additional dates in this action,
the dates implemented in the final rule on April 11, 2023 (88 FR 21503,
April 11, 2023) would likely result in substantial unharvested
allocation in the Washington North Coast subarea.
After consulting with WDFW, it was determined that in order for
anglers to have the opportunity to achieve Washington recreational
allocation, with little risk of subarea or coastwide allocations being
exceeded, additional season dates are warranted for participants in the
Washington North Coast subareas. Therefore, through this action, NMFS
is announcing additional season dates in June that were not previously
implemented in the final rule on April 11, 2023 (88 FR 21503, April 11,
2023). Specifically, the additional season dates for the Washington
North Coast subarea are June 9, 11, 16, 18, 23, 25, and 30.
Notice of these additional dates will also be announced on the NMFS
hotline at 206-526-6667 or 800-662-9825.
Columbia River subarea
Description of the action: This inseason action implements two
additional fishing dates for the Columbia River subarea during the 2023
recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Columbia River
subarea by opening the fishery on June 13 and 20. The recreational
fishery in this subarea opened on May 4, 2023. NMFS has determined that
these additional dates are warranted due to lower than expected
landings through May 19, 2023. Fishing dates were set with the
expectation that effort would return to pre-pandemic levels and with
the intention of reaching the allocation before the end of June.
However, effort has not returned to pre-pandemic levels, likely due to
high vessel fuel prices, as well as reports of lower CPUE and smaller
halibut. As of May 14, anglers in the Columbia River subarea have
harvested 4,791 lb (2.17 mt) of the 18,875 lb (8.56 mt) allocation (25
percent), leaving 13,700 lb (6.21 mt) remaining (75 percent of the
subarea allocation). Without the additional dates in this action, the
dates implemented in the April 11, 2023 (88 FR 21503, April 11, 2023)
final rule would likely result in unharvested allocation in the
Columbia River subarea.
After consulting with WDFW and ODFW, it was determined that in
order for anglers to have the opportunity to achieve Columbia River
recreational allocation by the end of June, with little risk of subarea
or coastwide allocations being exceeded, additional season dates are
warranted for participants in the Columbia River subareas. Therefore,
through this action NMFS is announcing new season dates in June that
were not previously implemented in the April 11, 2023, final rule (88
FR 21503, April 11, 2023). Specifically, the additional season dates
for the Columbia River subarea are June 13 and 20.
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 in Washington and the Columbia River
subarea or October 31 in Oregon, 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)(6), 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 and WDFW provided updated landings data to NMFS on May
19, 2023, showing that the fishery participants in the recreational
fishery off of Oregon had caught only 9 percent of Central Coast and
Southern subarea combined allocations, fishery participants in the
recreational fishery off of Washington had caught only 12 percent of
the North Coast subarea allocation, and fishery participants in the
Columbia River subarea had caught only 25 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. Given the lower than expected catch rates in the Oregon
[[Page 36975]]
Central Coast and the Southern Oregon subareas, the Washington North
Coast subarea, and the Columbia River subarea, increased bag limits in
the Oregon Central Coast and Southern Oregon subareas, and additional
dates in the Washington North Coast subarea and the Columbia River
subarea are considered necessary to increase angler opportunity to
reach the overall Oregon and Washington subarea allocations. This
action should be implemented as soon as possible to allow fishery
participants to take advantage of the increased bag limits in the
Oregon subareas prior to the end of the season and to plan for
additional season dates in the Washington and Columbia River subareas.
As the fisheries close on October 31, 2023 in Oregon and on September
30, 2023 in Washington and the Columbia River subareas, implementing
this action through proposed and final rulemaking would limit the
benefit this action would provide to fishery participants. Without
implementation of increased bag limits in Oregon and additional season
dates in Washington and the Columbia River subarea, the overall Oregon
and Washington allocations are unlikely to be harvested, limiting
economic benefits to the participants and not meeting the goals of the
Catch Sharing Plan. It is necessary that this rulemaking be implemented
in a timely manner so that planning for increased bag limits and
additional season dates 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)(6)(iv). 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, as well as potentially limit the economic opportunity intended by
this rule to the associated fishing communities. This inseason action
is not expected to result in exceeding the allocation for these
subareas. NMFS regulations allow the Regional Administrator to modify
sport fishing periods, bag limits, size limits, days per calendar week,
and subarea allocations, 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 Oregon and Washington
subareas, indicating an increase in bag limits for Oregon and
additional season dates for Washington should be implemented in the
fishery to ensure optimal and sustainable harvest of the subarea
allocations. 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.
Authority: 16 U.S.C. 773-773k.
Dated: June 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-12071 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-22-P
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