[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47238-47240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No.: 210415-0082]
RTID 0648-XB316


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 two additional season dates of August 
27 and September 24 for the Washington South Coast and Columbia River 
subareas for 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 August 20, 2021, through September 30, 
2021. Submit comments on or before September 8, 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://

[[Page 47239]]

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. Regulations at 
this section also state that NMFS may take inseason action to transfer 
projected unused quota from recreational fisheries north of Cape 
Falcon, Oregon, and transfer it to another Washington subarea (50 CFR 
300.63(c)(iii)).
    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 July 23, 2021, 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 up to 
two additional fishing dates for the Washington South Coast and 
Columbia River subareas during the 2021 recreational fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in Washington on August 27 
and September 24. NMFS has determined that these additional dates are 
warranted due to much lower than expected landings through July 2021, 
and the expectation that a substantial amount of subarea allocation 
will go unharvested without additional fishing dates. As of July 22, 
anglers in all Washington and Columbia River subareas have harvested 
203,899 lb (92.5 mt) of the 289,517 lb (131.3 mt) allocations, leaving 
85,618 lb remaining (30 percent of the subarea allocation). For 
reference, in 2018 and 2019, all Washington and Columbia River subareas 
had attained 94 and 93 percent, respectively, of the available 
recreational quota by the end of June. On July 21, 2021, NMFS published 
an inseason (86 FR 38415) adding additional open dates for the 
Washington North Coast and Puget Sound subareas based on data through 
June 10, 2021. Catch tracked lower than anticipated for the remaining 
June season dates and even with the additional 17 fishing dates, NMFS 
estimates that there would be quota remaining from the Washington 
allocation. Without additional fishing days in this action, the season 
dates implemented in the April 21, 2021 (86 FR 20638) final rule and 
including the additional days in the July 21, 2021 inseason (86 FR 
38415), would likely result in substantial unharvested quota in the 
state of Washington.
    In order for anglers to have the opportunity to achieve the 
combined subarea allocations in Washington, and with little risk of the 
quota being exceeded, WDFW requested NMFS implement additional season 
dates for participants in the Washington South Coast and Columbia River 
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) and the July 21, 2021 
inseason (86 FR 38415). Specifically, the additional season dates for 
the Washington South Coast and Columbia River subareas are August 27 
and September 24. These additional dates result in up to two statewide 
open days, with the Washington North Coast and Puget Sound already 
scheduled to be open on those dates. 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 additional dates 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 until NMFS has determined there is not sufficient quota 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. WDFW provided updated landings data to NMFS on July 22, 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 Washington recreational fishery have only caught 70 
percent of all Washington and the Columbia River subarea's combined 
allocations. 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

[[Page 47240]]

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 combined Washington and Columbia River subarea allocations 
would not be harvested, limiting economic benefits to the participants 
and not meeting the goals of the Catch Sharing 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 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 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: August 19, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2021-18211 Filed 8-20-21; 4:15 pm]
BILLING CODE 3510-22-P