[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36973-36975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12071]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket no. 230331-0089]
RTID 0648-XD042


Pacific Halibut Fisheries of the West Coast; 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: NMFS announces inseason actions for certain subareas in the 
Pacific halibut recreational fishery in the International Pacific 
Halibut Commission's regulatory Area 2A off Washington, Oregon, and 
California. Specifically, this action increases the bag limit from one 
to two fish per day in the Oregon Central Coast and Southern Oregon 
subareas starting June 12. It also adds the season dates of June 9, 11, 
16, 18, 23, 25, and 30 for the Washington North Coast subarea and June 
13 and 20 for the Columbia River subarea. This action is intended to 
conserve Pacific halibut and provide angler opportunity where 
available.

DATES: Effective date: June 2, 2023, through October 31, 2023.
    Comment date: Comments due on or before June 21, 2023.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2023-0128, 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-2023-0128 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Jennifer Quan, Regional 
Administrator, c/o Katie Davis, West Coast Region, NMFS, 500 W Ocean 
Blvd., Long Beach, CA 90802.
    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/2023-pacific-halibut-recreational-fishery 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: Katie Davis, phone: 323-372-2126 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: On April 11, 2023, NMFS published a final 
rule approving changes to the Pacific halibut Area 2A Catch Sharing 
Plan and implementing recreational (sport) management measures for 2023 
(88 FR 21503), as authorized by the Northern Pacific Halibut Act of 
1982 (16 U.S.C. 773-773(k)). The Pacific Fishery Management Council 
(Council) 2023 Catch Sharing Plan provides a recommended framework for 
NMFS' annual management measures and subarea allocations based on the 
2023 Area 2A Pacific halibut catch limit of 1,520,000 pounds (lb) (689 
metric tons (mt)) set by the International Pacific Halibut Commission 
(IPHC). The Area 2A catch limit and commercial fishery allocations were 
adopted by the IPHC and were published in the Federal Register on March 
7, 2023 (88 FR 14066) after acceptance by the Secretary of State, with 
concurrence from the Secretary of Commerce, in accordance with 50 CFR 
300.62. The Area 2A Pacific halibut management measures include 
recreational fishery season dates, bag limits, and subarea allocations.
    Federal regulations at 50 CFR 300.63(c)(6), ``Inseason Management 
for Recreational (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 recreational (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 
the Central Oregon Coast and Southern Oregon subareas, the Washington 
North Coast subarea, and the Columbia River subarea, inseason action to 
modify the 2023 annual regulations for the recreational fishery is 
warranted at this time to provide additional opportunity for fishery 
participants to achieve the Area 2A subarea allocations. As stated 
above, inseason modification of fishing season dates and bag limits is 
authorized by Federal regulations at 50 CFR 300.63(c)(6). After 
consulting with the 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 actions are 
necessary to meet the management objective of attaining subarea 
allocations, will not result in exceeding any subarea allocations, and 
are consistent with the inseason management provisions allowing for the 
modification of recreational fishing periods, recreational fishing days 
per calendar week, and fishing bag limits. Notice of these additional 
dates and increased bag limits will also be announced on the NMFS 
hotline at 206-526-6667 or 800-662-9825.

Inseason Action

Oregon Central Coast and Southern Oregon subareas

    Description of the action: This inseason action implements an 
increase in the bag limit from one fish per day, to two fish per day in 
the Oregon Central Coast and Southern Oregon subareas for the remainder 
of the 2023 recreational fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Oregon Central Coast 
and Southern Oregon subareas. The recreational fishery in these 
subareas opened on May 1, 2023. NMFS has determined an increased bag 
limit is warranted due to lower than expected landings through May 19, 
2023, and the expectation that a substantial amount of the Oregon 
combined allocation will go unharvested without increased bag limits. 
As of May 13, anglers in the Oregon Central Coast and Southern Oregon 
subareas have harvested 27,837 lb (12.63 mt) of the 293,436 lb (133.10 
mt) allocation (9 percent), leaving 265,599 lb (120.47 mt) remaining 
(91 percent of the subarea allocation). Without the increased bag 
limits in this action, the bag limits implemented in the April 11, 2023 
(88 FR 21503, April 11, 2023) final rule would likely result in 
substantial unharvested allocation in the combined Oregon Central Coast 
and Southern Oregon subareas. The Catch

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Sharing Plan stipulates that ``if the Central Oregon Coast Subarea 
allocation (all-depth and nearshore combined) is 200,000 pounds or 
greater, the daily bag limit may be increased to two fish per day, 
based on consultation between ODFW, NMFS, IPHC, and PFMC with the 
intent of taking the entire subarea allocation by September 30.'' The 
Catch Sharing Plan also specifies that when the bag limit for the 
Oregon Central Coast subarea is increased from one to two fish, the bag 
limit for the Southern Oregon subarea is also increased.
    After consulting with ODFW, it was determined that in order for 
anglers to have the opportunity to achieve the combined Oregon Central 
Coast and Southern Oregon subarea allocations, with little risk of the 
subareas or coastwide allocation being exceeded, increased bag limits 
are warranted for participants in these two Oregon subareas. Therefore, 
through this action, NMFS is announcing higher bag limits than those 
previously implemented in the final rule on April 11, 2023 (88 FR 
21503, April 11, 2023). Specifically, the bag limits are increased for 
the Oregon Central Coast and Southern Oregon subareas from one fish to 
two fish per day.
    Notice of these increased bag limits will also be announced on the 
NMFS hotline at 206-526-6667 or 800-662-9825.

Washington North Coast subarea

    Description of the action: This inseason action implements seven 
additional fishing dates for the Washington North Coast subarea during 
the 2023 recreational fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Washington North 
Coast subarea by opening the fishery on June 9, 11, 16, 18, 23, 25, and 
30. The recreational fishery in this subarea opened on May 4, 2023. 
NMFS has determined that these additional dates are warranted due to 
lower than expected landings through May 19, 2023, and the expectation 
that a substantial amount of subarea allocation will go unharvested 
without additional fishing dates. Fishing dates were set with the 
expectation that effort would return to pre-pandemic levels and with 
the intention of attaining most of the allocation before the end of 
June, with some allocation left for late summer opportunity. However, 
effort has not returned to pre-pandemic levels, likely due to high fuel 
prices and the resulting high cost of driving to remote port locations 
in the North Coast subarea as well as high vessel fuel prices, as well 
as reports of lower catch per unit effort (CPUE) and smaller halibut. 
As of May 14, anglers in the Washington North Coast subarea have 
harvested 15,217 lb (6.90 mt) of the 129,668 lb (58.82 mt) allocation 
(12 percent), leaving 114,451 lb (51.92 mt) remaining (88 percent of 
the subarea allocation). Without the additional dates in this action, 
the dates implemented in the final rule on April 11, 2023 (88 FR 21503, 
April 11, 2023) would likely result in substantial unharvested 
allocation in the Washington North Coast subarea.
    After consulting with WDFW, it was determined that in order for 
anglers to have the opportunity to achieve Washington recreational 
allocation, with little risk of subarea or coastwide allocations being 
exceeded, additional season dates are warranted for participants in the 
Washington North Coast subareas. Therefore, through this action, NMFS 
is announcing additional season dates in June that were not previously 
implemented in the final rule on April 11, 2023 (88 FR 21503, April 11, 
2023). Specifically, the additional season dates for the Washington 
North Coast subarea are June 9, 11, 16, 18, 23, 25, and 30.
    Notice of these additional dates will also be announced on the NMFS 
hotline at 206-526-6667 or 800-662-9825.

Columbia River subarea

    Description of the action: This inseason action implements two 
additional fishing dates for the Columbia River subarea during the 2023 
recreational fishery.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Columbia River 
subarea by opening the fishery on June 13 and 20. The recreational 
fishery in this subarea opened on May 4, 2023. NMFS has determined that 
these additional dates are warranted due to lower than expected 
landings through May 19, 2023. Fishing dates were set with the 
expectation that effort would return to pre-pandemic levels and with 
the intention of reaching the allocation before the end of June. 
However, effort has not returned to pre-pandemic levels, likely due to 
high vessel fuel prices, as well as reports of lower CPUE and smaller 
halibut. As of May 14, anglers in the Columbia River subarea have 
harvested 4,791 lb (2.17 mt) of the 18,875 lb (8.56 mt) allocation (25 
percent), leaving 13,700 lb (6.21 mt) remaining (75 percent of the 
subarea allocation). Without the additional dates in this action, the 
dates implemented in the April 11, 2023 (88 FR 21503, April 11, 2023) 
final rule would likely result in unharvested allocation in the 
Columbia River subarea.
    After consulting with WDFW and ODFW, it was determined that in 
order for anglers to have the opportunity to achieve Columbia River 
recreational allocation by the end of June, with little risk of subarea 
or coastwide allocations being exceeded, additional season dates are 
warranted for participants in the Columbia River subareas. Therefore, 
through this action NMFS is announcing new season dates in June that 
were not previously implemented in the April 11, 2023, final rule (88 
FR 21503, April 11, 2023). Specifically, the additional season dates 
for the Columbia River subarea are June 13 and 20.
    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 in Washington and the Columbia River 
subarea or October 31 in Oregon, 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)(6), 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 and WDFW provided updated landings data to NMFS on May 
19, 2023, showing that the fishery participants in the recreational 
fishery off of Oregon had caught only 9 percent of Central Coast and 
Southern subarea combined allocations, fishery participants in the 
recreational fishery off of Washington had caught only 12 percent of 
the North Coast subarea allocation, and fishery participants in the 
Columbia River subarea had caught only 25 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. Given the lower than expected catch rates in the Oregon

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Central Coast and the Southern Oregon subareas, the Washington North 
Coast subarea, and the Columbia River subarea, increased bag limits in 
the Oregon Central Coast and Southern Oregon subareas, and additional 
dates in the Washington North Coast subarea and the Columbia River 
subarea are considered necessary to increase angler opportunity to 
reach the overall Oregon and Washington subarea allocations. This 
action should be implemented as soon as possible to allow fishery 
participants to take advantage of the increased bag limits in the 
Oregon subareas prior to the end of the season and to plan for 
additional season dates in the Washington and Columbia River subareas. 
As the fisheries close on October 31, 2023 in Oregon and on September 
30, 2023 in Washington and the Columbia River subareas, implementing 
this action through proposed and final rulemaking would limit the 
benefit this action would provide to fishery participants. Without 
implementation of increased bag limits in Oregon and additional season 
dates in Washington and the Columbia River subarea, the overall Oregon 
and Washington allocations are unlikely to be harvested, limiting 
economic benefits to the participants and not meeting the goals of the 
Catch Sharing Plan. It is necessary that this rulemaking be implemented 
in a timely manner so that planning for increased bag limits and 
additional season dates 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)(6)(iv). 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, as well as potentially limit the economic opportunity intended by 
this rule to the associated fishing communities. This inseason action 
is not expected to result in exceeding the allocation for these 
subareas. NMFS regulations allow the Regional Administrator to modify 
sport fishing periods, bag limits, size limits, days per calendar week, 
and subarea allocations, 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 Oregon and Washington 
subareas, indicating an increase in bag limits for Oregon and 
additional season dates for Washington should be implemented in the 
fishery to ensure optimal and sustainable harvest of the subarea 
allocations. 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.

    Authority: 16 U.S.C. 773-773k.

    Dated: June 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12071 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-22-P