Rule2023-15414
Pacific Halibut Fisheries of the West Coast; Catch Sharing Plan; Inseason Action
Primary source
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Published
July 21, 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 adds the following fishing dates: the Washington Puget Sound subarea to open 7 days per week from August 17 through September 30; the Washington North Coast subarea to open 7 days per week from August 17 through September 30; the Columbia River and Washington South Coast subareas to open August 26 and 27, September 8, 9, and 22; and Oregon Central Coast subarea to open 7 days per week from August 3 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 88 Issue 139 (Friday, July 21, 2023)</title>
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47055-47057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15414]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230331-0089; RTID 0648-XD129]
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 adds the following fishing dates:
the Washington Puget Sound subarea to open 7 days per week from August
17 through September 30; the Washington North Coast subarea to open 7
days per week from August 17 through September 30; the Columbia River
and Washington South Coast subareas to open August 26 and 27, September
8, 9, and 22; and Oregon Central Coast subarea to open 7 days per week
from August 3 through October 31. This action is intended to conserve
Pacific halibut and provide angler opportunity where available.
DATES:
Effective date: July 19, 2023, through October 31, 2023.
Comment Date: Comments due on or before August 7, 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, 501 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="https://www.regulations.gov">https://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="https://www.pcouncil.org">https://www.pcouncil.org</a>. Other comments received may be accessed
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Katie Davis, 323-372-2126,
<a href="/cdn-cgi/l/email-protection#4c272d38252962282d3a253f0c22232d2d622b233a"><span class="__cf_email__" data-cfemail="bad1dbced3df94dedbccd3c9fad4d5dbdb94ddd5cc">[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 the
2023 Area 2A recreational fisheries (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 recreational 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 allocations, 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 Washington Puget Sound, North Coast, and South Coast subareas; the
Columbia River subarea; and the Oregon Central Coast 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 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 and recreational fishing
days per calendar week. 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.
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
[[Page 47056]]
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.
Inseason Action
Washington Puget Sound, North Coast, and South Coast Subareas
Description of the action: This inseason action implements
additional fishing dates for the Washington Puget Sound, North Coast,
and South Coast subareas during the 2023 recreational fishery. The
Puget Sound subarea will open 7 days per week beginning on August 16
and will close when the subarea allocation is projected to be attained,
or on September 30, whichever comes first. The North Coast subarea will
open 7 days per week beginning on August 16 and close when the subarea
allocation is projected to be attained, or on September 30, whichever
comes first. The South Coast subarea will open on August 26 and 27, and
September 8, 9, and 22, or until there is not sufficient allocation for
another full day of fishing and the area is therefore closed.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Washington Puget
Sound, North Coast, and South Coast subareas to achieve the subarea
allocations. NMFS has determined that these additional dates are
warranted due to lower than expected landings through June 18, and the
expectation that a substantial amount of the Washington allocation will
go unharvested without additional fishing dates.
The Washington Puget Sound subarea will open 7 days per week
beginning August 16 and will remain open until September 30 or the
allocation is projected to be attained and the area is therefore
closed. The recreational fishery in this subarea opened on April 6,
2023. As of June 18, anglers in the Puget Sound subarea have harvested
34,606 lb (15.70 mt) of the 79,031 lb (35.85 mt) allocation (44
percent), leaving 44,425 lb (20.15 mt) remaining (66 percent of the
subarea allocation).
The Washington North Coast subarea will open 7 days per week
beginning August 16 and will remain open until September 30 or the
allocation is projected to be attained and the area is therefore
closed. The recreational fishery in this subarea opened on May 4, 2023.
As of June 18, anglers in the North Coast subarea have harvested 54,702
lb (24.81 mt) of the 129,668 lb (58.82 mt) allocation (42 percent),
leaving 74,966 lb (34.00 mt) remaining (68 percent of the subarea
allocation).
The Washington South Coast subarea will open August 26 and 27, and
September 8, 9, and 22 or the allocation is projected to be attained
and the area is therefore closed. The recreational fishery in this
subarea opened on May 4, 2023. As of June 18, anglers in the South
Coast subarea have harvested 43,159 lb (19.58 mt) of the 64,376 lb
(29.20 mt) allocation (67 percent), leaving 21,217 lb (9.62 mt)
remaining (33 percent of the subarea allocation).
After consulting with WDFW, it was determined that in order for
anglers to have the opportunity to achieve the Washington subarea
allocations, with little risk of the subareas or coastwide allocation
being exceeded, additional fishing dates are warranted. Therefore,
through this action, NMFS is announcing fishing dates in August and
September that were not previously implemented in the final rule on
April 11, 2023 (88 FR 21503) or through inseason action implemented on
June 2, 2023 (88 FR 36973).
Specifically, the additional season dates for the Puget Sound
subarea are August 16 through September 30 or until there is not
sufficient allocation for another full day of fishing and the area is
therefore closed. The additional dates for the North Coast subarea as
August 16 through September 30 or until there is not sufficient
allocation for another full day of fishing and the area is therefore
closed. The additional dates for the South Coast subarea are August 26
and 27, and September 8, 9, and 22, or until there is not sufficient
allocation for another full day of fishing and the area is therefore
closed.
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
additional fishing dates for the Columbia River subarea during the 2023
recreational fishery, opening the fishery on August 26 and 27, and
September 8, 9, and 22. The subarea may close sooner if there is
projected to be insufficient allocation for another full day of fishing
and the subarea is therefore closed.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Columbia River
subarea to achieve the subarea allocation. NMFS has determined that
these additional dates are warranted due to lower than expected
landings through June 18, and the expectation that a substantial amount
of the Columbia River subarea allocation will go unharvested without
additional fishing dates. The recreational fishery in this subarea
opened on May 4, 2023. As of June 18, anglers in the Columbia River
subarea have harvested 12,213 lb (5.54 mt) of the 18,875 lb (8.56 mt)
allocation (65 percent), leaving 6,661 lb (3.02 mt) remaining (35
percent of the subarea allocation).
After consulting with WDFW and ODFW, it was determined that in
order for anglers to have the opportunity to achieve the Columbia River
subarea allocation, with little risk of the subarea or coastwide
allocation being exceeded, additional fishing dates are warranted.
Therefore, through this action, NMFS is announcing fishing dates in
August and September that were not previously implemented in the final
rule on April 11, 2023 (88 FR 21503, April 11, 2023) or through
inseason action implemented on June 2, 2023 (88 FR 36973).
Specifically, the additional season dates for the Columbia River
subarea are August 26 and 27, and September 8, 9, and 22. The subarea
may close sooner if there is projected to be insufficient allocation
for another full day of fishing and the subarea is therefore closed.
Notice of these additional dates will also be announced on the NMFS
hotline at 206-526-6667 or 800-662-9825.
Oregon Central Coast Subarea
Description of the action: This inseason action implements
additional fishing dates for the Oregon Central Coast subarea during
the 2023 recreational fishery, opening the fishery 7 days per week
beginning on August 3 and closing when the entire Oregon Central Coast
allocation (including the nearshore allocation) is projected to be
reached, or on October 31, whichever comes first.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Oregon Central Coast
subarea to achieve the subarea allocation. NMFS has determined that
additional fishing days are warranted due to lower than expected
landings through June 18, 2023, and the expectation that a substantial
amount of the Oregon combined allocation will go unharvested without
additional fishing days. The recreational fishery in this subarea
opened on May 1, 2023. As of June 18, anglers in the Oregon Central
Coast subarea have harvested 98,342 lb (44.61 mt) of the 275,214 lb
(124.84 mt) allocation (36 percent), leaving 176,872 lb (80.23 mt)
remaining (64 percent of the overall subarea allocation).
[[Page 47057]]
After consulting with ODFW, it was determined that in order for
anglers to have the opportunity to achieve the overall Central Coast
subarea allocation, with little risk of the subarea or coastwide
allocation being exceeded, additional fishing dates are warranted.
Therefore, through this action, NMFS is announcing fishing dates in
August, September, and October that were not previously implemented in
the final rule on April 11, 2023 (88 FR 21503) or through inseason
action implemented on June 2, 2023 (88 FR 36973).
Notice of these additional fishing dates will also be announced on
the NMFS hotline at 206-526-6667 or 800-662-9825.
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. WDFW and ODFW provided updated landings data to NMFS on June
23, 2023, showing that through June 18, fishery participants in the
recreational fishery off of Washington had caught only 44 percent of
the Puget Sound subarea allocation, 42 percent of the North Coast
subarea allocation, and 67 percent of the South Coast subarea
allocation; fishery participants in the Columbia River subarea had
caught only 65 percent of the subarea allocation; and fishery
participants in the recreational fishery off of Oregon had caught only
36 percent of Central Coast 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 Washington Puget Sound, North Coast, and
South Coast subareas; the Columbia River subarea; and the Oregon
Central Coast subarea, additional dates are considered necessary to
increase angler opportunity to reach the overall Washington and Oregon
subarea allocations. This action should be implemented as soon as
possible to allow fishery participants to take advantage of the
additional season dates. As the fisheries close on September 30, 2023
in Washington and the Columbia River subareas and on October 31, 2023
in Oregon, 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 in the
Washington Puget Sound, North Coast, and South Coast subareas, the
Columbia River subarea, and the Oregon Central Coast, the overall
Washington and Oregon 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 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 Washington and Oregon
subareas, indicating additional season dates for Washington and Oregon
should be implemented in the fishery to ensure optimal 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: July 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-15414 Filed 7-19-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 21, 2023.
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