[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30907-30908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10288]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No: 230509-0127]
RIN 0648-BL92


Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing 
Plan and Recreational Management Measures; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This action makes two corrections to the final rule that 
approved the 2023 Area 2A Pacific halibut catch sharing plan and 
implemented recreational management measures, which published on April 
11, 2023. Specifically, NMFS is correcting the open fishing dates 
listed for the Washington South Coast subarea fishery and a reference 
to the subarea allocation amount for the Washington South Coast 
fishery.

DATES: Effective May 12, 2023.

FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS, 
(323) 372-2126, [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific halibut fishery in 
International Pacific Halibut Commission Regulatory Area 2A (waters off 
Washington, Oregon, and California) in accordance with the Northern 
Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 773-773k. As 
provided in the Halibut Act, the Regional Fishery Management Council 
having authority for the geographic area concerned may develop, and the 
Secretary of Commerce may implement, regulations governing Pacific 
halibut fishing in U.S. waters that are in addition to, and not in 
conflict with, approved International Pacific Halibut Commission (IPHC) 
regulations (16 U.S.C. 773c(c)). Since 1988, the Pacific Fishery 
Management Council (Council) has developed a Catch Sharing Plan, 
through the Council's public process, that allocates the Area 2A 
Pacific halibut catch limit between treaty tribal and non-tribal 
harvesters, and among non-tribal commercial and recreational (sport) 
fisheries and adopts management measures for the fishery. NMFS has 
implemented at 50 CFR 300.63 et seq. certain provisions of the Catch 
Sharing Plan and implemented in annual rules annual management measures 
consistent with the Catch Sharing Plan. A final rule (88 FR 21503, 
April 11, 2023) implemented management measures consistent with the 
recommendations made by the Council in its 2023 Catch Sharing Plan, 
including days the fishery is open and subarea allocations in Area 2A. 
The season dates and bag limits in the final rule were effective on 
April 6, 2023 and the remainder of the rule is effective on May 11, 
2023. The final rule contained two transcription errors for the 
Washington South Coast subarea.

Season Dates

    On page 21504 of the final rule, NMFS inadvertently excluded three 
days the Council intended the fishery to be open in the Washington 
South Coast subarea: May 16, 20, and 30. At its November meeting, the 
Council recommended NMFS implement specific season dates for fishing in 
the Washington South Coast subarea. These dates were developed at the 
Council's September and November meetings with opportunity for public 
input. Specifically, the Council recommended that the Washington South 
Coast subarea be open for fishing on ``May 4 through May 23, three days 
per week, Tuesday, Thursday, and Sunday; Memorial Day weekend, open 
Thursday, May 25, and Tuesday, May 30''; however, the final rule 
inadvertently excluded Tuesdays in May.
    As such, consistent with the intent of the Council, the corrected 
season dates for the Washington South Coast subarea in May are:
    1. May 4, 7, 9, 11, 14, 16, 18, 21, 23, 25, and 30.
    There are no other corrections to the season dates published in the 
final rule.

Subarea Allocation

    Under the allocation framework the Council adopted in the Catch 
Sharing Plan, the Washington South Coast subarea is allocated 12.3 
percent of the first 130,845 lb allocated to the Washington 
recreational fishery, and 32 percent of the Washington recreational 
allocation between 130,845 lb and 224,110 lb. Consistent with this 
framework and the allocation the IPHC set for Area 2A in 2023 (88 FR 
14066, March 7, 2023), the Washington South Coast subarea is allocated 
64,376 lb in 2023. Page 21504 of the final rule, consistent with the 
allocation framework in the Catch Sharing Plan, states that the 
Washington South Coast subarea allocation is 64,376 lb. However, the 
following paragraph on page 21504 incorrectly states that the subarea 
fishery would remain open ``until 68,555 lb (31.10 mt) is projected to 
be taken,'' which is inconsistent with the subarea allocation for 2023.
    As such, consistent with the intent of the Council, the corrected 
statement regarding the time at which the Washington South Coast 
subarea will close is as follows:
    1. The fishing season in the Washington South Coast northern 
nearshore area commences the Saturday subsequent to the closure of the 
primary fishery in May or June if allocation remains in the Washington 
South Coast subarea allocation, and continues 7 days per week until 
64,376 lb (29.20 mt) is projected to be taken by the two fisheries 
combined and the fishery is therefore closed or on September 30, 
whichever is earlier.
    There are no other corrections to the final rule published April 
11, 2023.

Classifications

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency for ``good cause'' finds that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
The Assistant Administrator for Fisheries determined 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 public interest because this action is necessary to correct an 
inadvertent error in the April 11, 2023, final rule (88 FR 21503). 
Immediate correction of the error is necessary to prevent confusion 
among participants in the fishery and to ensure management of the 
fishery is consistent with both the Council's intent for regulations 
developed over two public meetings and the public's expectations based 
on recommendations made in the Council's Catch Sharing Plan, as well as 
outreach materials distributed by the State of Washington. The 
corrected dates are also consistent with dates the fishery was open in 
2022. Thus, delaying this correction to engage in notice-and-comment 
rulemaking would be contrary to the public interest.
    Under section 553(d) of the APA, an agency must delay the effective 
date of

[[Page 30908]]

regulations for 30 days after publication, unless the agency finds good 
cause to make the regulations effective sooner. For the same reasons 
stated above, the Assistant Administrator for Fisheries has determined 
good cause exists to waive the 30-day delay in effectiveness. This rule 
makes only two minor corrections to the final rule, which was effective 
April 6 (season dates and bag limits) and May 11 (remaining 
provisions), 2023. Delaying effectiveness of these corrections would 
result in conflicts in the regulations and confusion among fishery 
participants and would therefore be contrary to the public interest. 
Without waiving the 30-day delay in effectiveness, this correction to 
the season dates would not be effective prior to May 16, the first date 
that the final rule inadvertently omitted but was intended to be 
included.
    The Regulatory Flexibility Act, 5 U.S.C. 603 and 604, requires an 
agency to prepare an initial and a final regulatory flexibility 
analysis whenever an agency is required by section 553 of the APA or 
any other law to publish a general notice of proposed rulemaking. 
Because NMFS found good cause under section 553(b)(3)(B) of the APA to 
forgo publication of a notice of proposed rulemaking, the regulatory 
flexibility analyses described in 5 U.S.C. 603 and 604 are not required 
for this rulemaking.
    This final rule is not significant under Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 9, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-10288 Filed 5-12-23; 8:45 am]
BILLING CODE 3510-22-P