Rule2024-21517
Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing Plan; Inseason Action
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Published
September 20, 2024
Effective
September 20, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces inseason action for the Pacific halibut recreational fishery in the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California. Specifically, this action transfers 12,000 pounds (lb; 5.4 metric tons (mt)) of the Area 2A Pacific halibut recreational allocation, in net pounds, from the Oregon recreational fishery to the Washington recreational fishery. This action is intended to provide opportunity for anglers to achieve the total Area 2A recreational fishery allocation.
Full Text
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<title>Federal Register, Volume 89 Issue 183 (Friday, September 20, 2024)</title>
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[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77033-77035]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21517]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240327-0090; RTID 0648-XE271]
Pacific Halibut Fisheries of the West Coast; 2024 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 action for the Pacific halibut
recreational fishery in the International Pacific Halibut Commission's
(IPHC) regulatory Area 2A off Washington, Oregon, and California.
Specifically, this action transfers 12,000 pounds (lb; 5.4 metric tons
(mt)) of the Area 2A Pacific halibut recreational allocation, in net
pounds, from the Oregon recreational fishery to the Washington
recreational fishery. This action is intended to provide opportunity
for anglers to achieve the total Area 2A recreational fishery
allocation.
DATES:
Effective: September 20, 2024, through December 31, 2024.
Comments due date: Comments will be accepted on or before October
7, 2024.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2024-0014, 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-2024-0014 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 Melissa Mandrup, 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/2024-pacific-halibut-recreational-fishery">https://www.fisheries.noaa.gov/action/2024-pacific-halibut-recreational-fishery</a> and at the Pacific Fishery
Management 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: Melissa Mandrup, phone: 562-980-3231
or email: <a href="/cdn-cgi/l/email-protection#58353d34312b2b39763539363c2a2d281836373939763f372e"><span class="__cf_email__" data-cfemail="3b565e575248485a15565a555f494e4b7b55545a5a155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On April 3, 2024, NMFS published a final
rule approving changes to the Pacific halibut Area 2A Catch Sharing
Plan (CSP) and implementing recreational (sport) management measures
for the 2024 Area 2A recreational fisheries (89 FR 22966), as
authorized by the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-
773(k)). The Pacific Fishery Management Council's (Council) 2024 CSP
provides a recommended framework for NMFS' annual management measures
and subarea allocations based on the 2024 Area 2A Pacific halibut catch
limit also known as the fishery constant exploitation yield (FCEY) of
1.47 million lb (666.8 mt) set by the IPHC. The Area 2A catch limit and
recreational fishery allocations were adopted by the IPHC and were
published in the Federal Register on March 18, 2024 (89 FR 19275),
after acceptance by the Secretary of State, with concurrence from the
Secretary of Commerce, in accordance with 50 CFR 300.62. The final rule
published on April 3, 2024 (89 FR 22966), established 50 CFR
300.63(c)(6)(i)(F), which allows NMFS to transfer portions of state
recreation allocations inseason to another state under certain
circumstances (e.g., if a state is projected to not utilize its
respective recreational allocation by the end of the fishing season and
another state could utilize additional pounds to avoid closing a
fishing season early).
NMFS has determined that, due to lower than expected landings
through September 5, 2024, and projected catches for the remainder of
the season off Oregon (October 31), Oregon is projected to not utilize
its full recreational allocation by the end of the
[[Page 77034]]
fishing season. Therefore, inseason action to transfer a portion of the
Oregon recreational fishery allocation to another state is warranted at
this time to provide additional opportunity for fishery participants to
achieve the total Area 2A fishery allocations. As stated above,
inseason transfers of a portion of state recreational allocations to
another state are authorized by Federal regulations at 50 CFR
300.63(c)(6)(i)(F) and the final rule (89 FR 22966, April 3, 2024).
Catch projections as of September 5, 2024, indicate that Washington
is likely to reach their statewide recreational fishery allocation
before their season closure date (September 30), and California is
projected to stay within their State recreation allocation through
their season closure dates (November 15 for the Northern California
subarea and December 31 for the South of Point Arena subarea). After
consulting with Council staff, the Washington Department of Fish and
Wildlife (WDFW), the Oregon Department of Fish and Wildlife (ODFW), and
the California Department of Fish and Wildlife, it was determined that
inseason action transferring a portion of Oregon's recreational
allocation to Washington is necessary in order to allow the Area 2A
allocation objectives to be met, by providing anglers additional
opportunity to achieve the coastwide recreational allocation, with
little risk of that allocation being exceeded. Additionally, this
action is necessary to meet the management objectives of the 2024 CSP
and is consistent with the inseason management provisions allowing the
transfer of portions of a state's recreational allocations to another
state. California is, at this time, unlikely to use any additional net
pounds in recreational Pacific halibut allocation.
Catch monitoring reports for the recreational fisheries in
Washington, Oregon, and California are available on their respective
State Fish and Wildlife agency websites. NMFS will continue to monitor
recreational catch obtained via state sampling procedures. The
recreational fisheries will close on September 30 in Washington,
October 31 in Oregon, and November 15 or December 31 in California, or
when there is not sufficient allocation for another full day of fishing
in each State (or relevant area within California). Should future catch
projections indicate that there are additional unused pounds in the
Area 2A recreational allocation available to transfer from one state to
another, and that there is a need for such a transfer to allow an area
to remain open for its full fishing season, then NMFS may take future
inseason action to reallocate that unused allocation. Any inseason
action, including closures, will be announced in accordance with
Federal regulations at 50 CFR 300.63(c) and on the NMFS hotline at
(206) 526-6667 or (800) 662-9825.
Pacific Halibut Reallocation
For 2024, the Area 2A Pacific halibut CSP allocated 290,158 lb
(131.6 mt) to the Washington recreational fishery, 283,784 lb (128.7
mt) to the Oregon recreational fishery, and 38,220 lb (17.3 mt) to the
California recreational fishery. The best available information on
September 5, 2024, indicated that the Oregon recreational fishery would
not harvest their full allocation by the end of their season (October
31); the Washington recreational fishery is projected to reach their
allocation prior to the end of their season (September 30) and would
need 12,000 lb (5.4 mt) to remain open until September 30; and the
California recreational fishery is projected to stay within their
allocation through the end of their respective seasons (November 15 and
December 31).
To allow for increased utilization of the resource, with this
inseason action, NMFS will transfer 12,000 lb (net weight, [5.4 mt]) of
Pacific halibut from the Oregon recreational fishery allocation to the
Washington recreational fishery allocation to allow the fishery to
remain open through September 30. At this time, NMFS has determined
that the California recreational subarea will not receive additional
pounds through this action as the fishery is not projected to exceed
their allocation before or by the end of their seasons on November 15
and December 31. Reallocating 12,000 lb (5.4 mt) to the Washington
recreational fishery is expected to allow for greater attainment of the
total Area 2A recreational allocation while not limiting recreational
harvest opportunities off Oregon for the remainder of the season.
Should future catch projections indicate there are additional pounds
available to transfer from one state to another, NMFS may take future
inseason action to reallocate that unused allocation.
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 provided updated landings data to NMFS on September 6,
2024, showing that through September 2, approximately 93 percent of the
State fishery allocation has been attained and the fishery is projected
to need 12,000 lb (5.4 mt) to remain open through the end of their
season (September 30). Also, on September 6, 2024, ODFW provided
updated landings data to NMFS, showing that through September 2,
approximately 70 percent of the state fishery allocation has been
attained and the fishery is projected to end their season (October 31)
without fully attaining their state fishery allocation. NMFS uses
fishing rates from previous years to project attainment through the end
of current fishing seasons. With the lower than expected catch rates in
the Oregon recreational fishery, the transfer of a portion of the
Oregon State allocation to the Washington State allocation allows for
the Area 2A management objectives to be met by providing anglers
additional opportunity to achieve the coastwide recreational allocation
with little risk of that allocation being exceeded. It is necessary
that this rule be implemented in a timely manner both to allow the
Washington State fishery access to the additional unused allocation
without delay in order to remain open through the end of the season
(September 30), and to allow 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. Without an allocation transfer to the
Washington recreational fishery, coastwide allocations in Area 2A are
unlikely to be harvested, thus limiting the economic benefits to the
fishery participants and obstructing the goals of the 2024 CSP.
Additionally, this action does not alter public expectations in that
recreational Pacific halibut fishing in Oregon and Washington is
projected to continue until the last prescribed fishing date for each
State. To ensure the regulated public is fully aware of this action,
notice of this regulatory action will 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
[[Page 77035]]
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 CSP, 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 total Area 2A recreational fishery allocation.
NMFS regulations allow the Regional Administrator to modify state
recreational allocations, including a transfer in recreational
allocation from one state to another; provided that the action allows
allocation objectives to be met and will not result in exceeding the
catch limit for Area 2A. NMFS received information on the progress of
landings in the recreational fisheries in Area 2A on September 6, 2024,
indicating that modifying the State recreational fishery allocations
for Oregon and Washington should be implemented to ensure optimal
harvest in the recreational fisheries in Area 2A. As stated above, it
is in the public interest that this action is not delayed, because a
delay in the effectiveness would obstruct the ability for the
allocation objectives of the recreational Pacific halibut fishery to be
met.
Authority: 16 U.S.C. 773-773k.
Dated: September 12, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-21517 Filed 9-17-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 20, 2024.
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