[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Rules and Regulations]
[Pages 38415-38416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15451]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 210415-0082; RTID 0648-XB187]


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 additional season dates for the 
Washington North Coast and Puget Sound Pacific halibut recreational 
fisheries in the International Pacific Halibut Commission's regulatory 
Area 2A off Washington, Oregon, and California. This action is intended 
to conserve Pacific halibut and provide angler opportunity where 
available.

DATES: This action is effective July 16, 2021, through September 30, 
2021. Submit comments on or before August 5, 2021.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0157, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/docket/NOAA-NMFS-2020-0157, click the ``Comment'' icon, complete the 
required fields, and enter or attach your comments.
     Mail: Submit written comments to Barry Thom, 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/2021-pacific-halibut-catch-sharing-plan and at the Council's website at 
http://www.pcouncil.org. Other comments received may be accessed 
through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858, 
fax: 503-231-6893, or email: [email protected].

SUPPLEMENTARY INFORMATION: On April 21, 2021, NMFS published a final 
rule implementing the Pacific halibut Area 2A Catch Sharing Plan and 
recreational (sport) management measures for 2021 (86 FR 20638), as 
authorized by the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-
773(k)). The 2021 Catch Sharing Plan provides a recommended framework 
for NMFS' annual management measures and subarea allocations based on 
the 2021 Area 2A Pacific halibut catch limit of 1,510,000 pounds (lb) 
(684.9 metric tons (mt)). 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, after consultation with the Chairman 
of the Pacific Fishery Management Council (Council), the Executive 
Director of the International Pacific Halibut Commission (IPHC), and 
the Fisheries Directors of the affected states, or their designees, to 
modify annual regulations during the season. These inseason provisions 
allow the Regional Administrator to modify 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 
portions of Washington, inseason action to modify the 2021 annual 
regulations is warranted at this time to help ensure the Area 2A 
allocations as published in the final rule (86 FR 20638; April 21, 
2021) are met. As stated above, inseason modification of the fishing 
season is authorized by Federal regulations at 50 CFR 300.63(c). After 
a virtual consultation with IPHC, the Council, and the Washington 
Department of Fish and Wildlife (WDFW) on June 4, 2021, and further 
consultation with WDFW, NMFS determined the following inseason action 
is necessary to meet the management objective of attaining the subarea 
allocations, and are 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 up to 17 
additional fishing dates for the Puget Sound and North Coast subareas 
in the state of Washington during the 2021 recreational fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in Washington's Puget Sound 
and North Coast subareas to achieve the respective subarea allocations 
without exceeding them. NMFS has determined that these additional dates 
are warranted due to much lower than expected landings through mid-June 
2021, and the expectation that a substantial amount of subarea 
allocation will go unharvested without additional fishing dates. As of 
June 10, the North Coast subarea has harvested 34,229 lbs of the 
128,928 lb (58.5 mt) (27 percent) subarea allocation and the Puget 
Sound subarea has harvested 37,409 lbs of the 78,291 lbs (35.5 mt) (48 
percent) subarea allocation. For reference, in 2018 and 2019, the North 
Coast subarea either was close to or had attained the available 
recreational quota by the end of June. Without additional fishing days, 
the season dates implemented in the April 21, 2021 (86 FR 20638) final 
rule would likely result in substantial unharvested quota in these two 
subareas.
    In order for anglers to have the opportunity to achieve the subarea 
allocations, and with little risk of the quota being exceeded, WDFW 
requested NMFS implement additional season dates for participants in 
the Puget Sound and North Coast subareas. Therefore, through this 
action NMFS is announcing new season dates in August and September that 
were not previously implemented in the April 21, 2021 final rule (86 FR 
20638). Specifically, the additional season dates for the Puget

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Sound and North Coast subareas are August 19-21, 26-28; September 2-4, 
9-11, 16-18, and 23-24. WDFW recommended these dates to NMFS after 
consultation with their stakeholders.
    These dates were determined in consultation with WDFW, the Council, 
and IPHC. Notice of these and potential additional dates and closure of 
the fisheries will also be announced on the NMFS hotline at 206-526-
6667 or 800-662-9825.
    Weekly quota 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.

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. WDFW provided updated landings data to NMFS on June 10, 2021, 
and requested additional fishing dates be added before the close of the 
recreational halibut fishery on September 30, 2021, as the fishery 
participants in the North Coast and Puget Sound subareas have only 
caught 35 percent of the two areas' combined allocation. NMFS uses 
fishing rates from previous years to determine the number of 
recreational fishing dates needed to attain subarea allocations. The 
level of attainment of the allocation for 2021 is much lower than past 
years for this same point in time, and was not anticipated when the 
2021 final rule setting the 2021 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 
September 30, 2021, 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, the 
Puget Sound and North Coast subareas would not harvest their full 
subarea allocations, limiting economic benefits to the participants and 
not meeting the goals of the Catch Share Plan and the 2021 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, 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 Washington 
subareas, indicating additional dates should be added to the fishery to 
ensure optimal and sustainable harvest of the quota. 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 this fishery to be met.

    Dated: July 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-15451 Filed 7-16-21; 4:15 pm]
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