Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 41259 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220325–0079; RTID 0648– 

XC147] 

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. 

SUMMARY: This document announces six 

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 dates 

of July 14–16 and 28–30 for the Oregon 

Central Coast subarea. This action is 

intended to conserve Pacific halibut and 

provide angler opportunity where 

available. 

DATES: This action is effective July 7, 

2022, through October 31, 2022. Submit 

comments on or before July 27, 2022. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2022–0003, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov 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. 

• 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 www.regulations.gov 

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 https://

www.federalregister.gov/. Background 

information and documents are 

available at the NOAA Fisheries website 

at https://www.fisheries.noaa.gov/ 

action/2022-pacific-halibut-catchsharing-plan and at the Pacific Fishery 

Management Council’s (Council) 

website at https://www.pcouncil.org. 

Other comments received may be 

accessed through www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, phone: 562–980–4034, 

fax: 562–980–4018, or email: 

joshua.lindsay@noaa.gov. 

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 

lower than expected landings in 

portions of Oregon, specifically the 

Central Coast subarea, 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, 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 subarea allocations, 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. 

Inseason Action 

Description of the action: This 

inseason action implements six 

additional dates for spring 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 on July 

14–16 and 28–30. 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 

June 2022, and the expectation that a 

substantial amount of subarea allocation 

will go unharvested without additional 

fishing dates. As of June 23, anglers in 

the Oregon Central Coast subarea have 

harvested 83,156 lb (37.72 mt) of the 

169,963 lb (77.09 mt) allocation (49 

percent), leaving 86,807 lb (39.38 mt) 

remaining (51 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. 

NMFS implemented season dates of 

May 12, seven days per week, through 

June 30, and July 7–9 and 21–23, in the 

April 1, 2022 final rule (87 FR 19007), 

to allow anglers more opportunity to 

achieve the Oregon Central Coast 

allocation. However, catch information 

to date shows that even with the 

increased fishing dates provided for in 

the final rule, the fishery is unlikely to 

take the full subarea allocation. Without 

the additional fishing days in this 

action, the season dates implemented in 

the April 1, 2022 (87 FR 19007) final 

rule would likely result in substantial 

unharvested allocation in this subarea. 

After consulting with ODFW, it was 

determined that in order for anglers to 

have the opportunity to achieve the 

subarea allocation in Central Oregon, 

and with little risk of the subarea or 

coastwide allocation being exceeded, 

additional season dates were warranted 

for participants in the Oregon Central 

Coast subarea. Therefore, through this 

action NMFS is announcing new season 


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41260 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

dates in July that were not previously 

implemented in the April 1, 2022, final 

rule (87 FR 19007). Specifically, the 

additional season dates for spring alldepth fishing in the Oregon Central 

Coast subarea are July 14–16 and 28–30. 

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, 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 June 

23, 2022, showing that the fishery 

participants in the recreational fishery 

off of the Oregon Central Coast had only 

caught 49 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. NMFS 

implemented season dates of May 12, 

seven days per week, through June 30, 

including more season dates in 2022 

than in 2021. Even with the fishery 

open each day for over half of May and 

all of June, 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 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 Central Coast 

subarea allocation is 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 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: July 7, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14843 Filed 7–7–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220510–0113; RTID 0648– 

XC101] 

Fisheries Off West Coast States; 

Modification of the West Coast Salmon 

Fisheries; Inseason Actions #12 

Through #15 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2022 

management measures. 

SUMMARY: NMFS announces four 

inseason actions in the 2022 ocean 

salmon fisheries. These inseason actions 

modify the commercial ocean salmon 

fisheries in the area from the United 

States (U.S.)/Canada border to Cape 

Falcon, Oregon. 

DATES: The effective dates for the 

inseason actions are set out in this 

document under the heading Inseason 

Actions and the actions remain in effect 

until superseded or modified. 

FOR FURTHER INFORMATION CONTACT: 

Dana Preedeedilok at 562–980–4019, 

Email: dana.preedeedilok@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The 2022 annual management 

measures for ocean salmon fisheries (87 

FR 29690, May 16, 2022), announced 

management measures for the 

commercial and recreational fisheries in 

the area from the U.S./Canada border to 

the U.S./Mexico border, effective from 

0001 hours Pacific Daylight Time (PDT), 

May 16, 2022, until the effective date of 

the 2023 management measures, as 

published in the Federal Register. 

NMFS is authorized to implement 

inseason management actions to modify 

fishing seasons and quotas as necessary 

to provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). 

Inseason actions in the salmon fishery 

may be taken directly by NMFS (50 CFR 

660.409(a)—Fixed inseason 

management provisions) or upon 

consultation with the Chairman of the 

Pacific Fishery Management Council 

(Council), and the appropriate State 

Directors (50 CFR 660.409(b)—Flexible 

inseason management provisions). 

Management of the salmon fisheries is 

divided into two geographic areas: north 

of Cape Falcon (NOF) (U.S./Canada 


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