[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Rules and Regulations]
[Pages 47944-47946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16852]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 220325-0079]
RTID 0648-XC203


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 Pacific 
halibut recreational fisheries in the International Pacific Halibut 
Commission's regulatory Area 2A off Washington, Oregon, and California. 
Specifically, this action adds the following dates: the Washington 
Puget Sound subarea to open 7 days per week from August 11 through 
September 30; Washington North Coast subarea to open Thursday through 
Monday from August 11 through September 5, and 7 days per week from 
September 6 through September 30; Washington South Coast and Columbia 
River subareas to open August 19, 25, 28, September 3, 4, and 23; and 
Oregon Central Coast subarea to open every Thursday through Saturday 
from August 4 through October 31. This action is intended to conserve 
Pacific halibut and provide angler opportunity where available.

DATES: This action is effective August 4, 2022, through October 31, 
2022. Submit comments on or before August 22, 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-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: Joshua Lindsay, phone: 562-980-4034, 
fax: 562-980-4018, or email: [email protected].

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

[[Page 47945]]

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 continued lower than expected 
landings in portions of Washington and Oregon, 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, the 
Washington Department of Fish and Wildlife (WDFW), 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 various state and subarea allocations, there is little 
risk of the subarea or coastwide allocation being exceeded from this 
action, and this action 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

Washington and Columbia River Subareas

    Description of the action: This inseason action implements 
additional dates for the Washington Puget Sound, North Coast, South 
Coast, and the Columbia River subareas during the 2022 recreational 
fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Washington and 
Columbia River subareas by opening fishing on the following dates: for 
the Washington Puget Sound subarea, 7 days per week from August 11 
through September 30; for the Washington North Coast subarea, Thursday 
through Monday starting August 11 through September 5, and 7 days per 
week from September 6 through September 30; for the Washington South 
Coast and Columbia River subareas, August 19, 25, 28, and September 3, 
4, and 23. The subareas are open on the dates listed above, or until 
there is not sufficient allocation for another full day of fishing, and 
the area is therefore closed. The recreational fishery in the 
Washington Puget Sound subarea opened April 7, and the other Washington 
subareas and the Columbia River subarea opened on May 5, 2022. NMFS has 
determined that these additional dates are warranted due to lower than 
expected landings through June 2022 (the Washington and Columbia River 
subareas were not open in July), and the expectation that a substantial 
amount of subarea allocation will go unharvested without additional 
fishing dates. NMFS previously published an inseason action on June 14, 
2022 (87 FR 35901) to add the dates of June 10, 17 and 24 for the 
Washington North Coast subarea, June 28 and 30 for the Washington South 
Coast subarea, and June 13 and 20 for the Columbia River subarea. As of 
July 15, anglers in the Washington and Columbia River subareas combined 
have harvested 173,372 lb (78.64 mt) of the 304,649 lb (138.19 mt) 
allocation (57 percent), leaving 131,277 lb (59.55 mt) remaining (43 
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 Washington and the area off 
of the Columbia River. For reference, by the end of June 2021, fishery 
participants in the Washington Puget Sound, North Coast, South Coast, 
and Columbia River subareas had attained 68 percent of the available 
recreational allocation. Without the additional fishing days being 
implemented through this action, there is likely to be substantial 
unharvested allocation in this subarea.

Oregon Central Coast Subarea

    Description of the action: This inseason action implements 
additional dates for summer 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 every Thursday through Saturday from August 4 through October 
31. The fishery was already scheduled to be open every other Thursday 
through Saturday starting August 4. 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 July 2022, and the expectation that a substantial amount of 
subarea allocation will go unharvested without additional fishing 
dates. As of July 13, anglers in the Oregon Central Coast subarea have 
harvested 110,918 lb (50.31 mt) of the 269,782 lb (122.37 mt) 
allocation (41 percent), leaving 158,864 lb (72.06 mt) remaining (59 
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 compared to 2021. NMFS previously 
published an inseason action on July 7, 2022 (87 FR 41259) to add 
additional fishing dates in this subarea. However, catch information to 
date shows that even with the increased fishing dates provided for in 
the final rule and inseason action, participants in the fishery are 
unlikely to harvest the full subarea allocation. Without the additional 
fishing days in this action, there is likely to be substantial 
unharvested allocation in this subarea.
    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 for Washington on September 30, and for Oregon on 
October 31, 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 and ODFW provided updated landings data to NMFS on July 
15, 2022, showing that the fishery participants in the recreational 
fishery off of the

[[Page 47946]]

Washington and Columbia River subareas had only caught 57 percent of 
the allocation, while anglers in the Oregon Central Coast had only 
caught 41 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. 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 in Washington 
closes on September 30 and the fishery in Oregon 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 Washington and Oregon subarea allocations 
are 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 Washington 
and Oregon subareas, 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: August 1, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-16852 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-22-P