[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Rules and Regulations]
[Pages 41259-41260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14843]



[[Page 41259]]

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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.

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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:
    <bullet> 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.
    <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 
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-catch-sharing-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: <a href="/cdn-cgi/l/email-protection#9ff5f0ecf7eafeb1f3f6f1fbecfee6dff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="88e2e7fbe0fde9a6e4e1e6ecfbe9f1c8e6e7e9e9a6efe7fe">[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 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

[[Page 41260]]

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 all-depth 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


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