[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48388-48389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15915]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230615-0151; RTID 0648-XD142]


Pacific Halibut Fisheries of the West Coast; Inseason Action for 
the 2023 Area 2A Pacific Halibut Directed Commercial Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS announces an inseason action for the 2023 non-tribal 
directed commercial Pacific halibut fishery that operates south of 
Point Chehalis, Washington (lat. 46[deg]53.30' N) in the International 
Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, 
and California. Specifically, this action adds an additional fishing 
period beginning on August 1, 2023 at 8 a.m. and closing on August 3, 
2023 at 6 p.m. and implements a fishing period catch limit of 1,000 
pounds (lb) (0.45 mt) dressed weight for all vessel size classes. This 
action is intended to conserve Pacific halibut and provide commercial 
fishing opportunity where available.

DATES: Effective date: July 24, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Melissa Mandrup, 562-980-3231, 
[email protected].

SUPPLEMENTARY INFORMATION: On June 26, 2023, NMFS published a final 
rule implementing harvest specifications, fishing periods, and fishing 
period limits by vessel size class for the Area 2A non-tribal directed 
commercial Pacific halibut fishery (88 FR 41334), as authorized by the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773(k)). The 
Pacific Fishery Management Council 2023 Catch Sharing Plan provides a 
recommended framework for NMFS' management considerations and 
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.
    Per a final rule published on June 26, 2023 (88 FR 41334), two 
fishing periods were set for the 2023 directed commercial Pacific 
halibut fishery; the first fishing period began on June 27, 2023 at 8 
a.m. and closed on June 29 at 6 p.m. and the second fishing period 
opened on July 11, 2023 at 8 a.m. and closed on July 13 at 6 p.m. 
Fishing period limits for the fishing periods announced in the final 
rule varied by vessel size class, ranging from 2,716 lb (1.23 mt) to 
6,136 lb (2.78 mt). Federal regulations at 50 CFR 300.63(e)(1)(iii), 
``Inseason action to add fishing periods and associated fishing period 
limits,'' allow the NMFS Regional Administrator to add fishing periods 
as needed to attain the directed commercial fishery allocation. Fishing 
period limits, for those fishing periods added inseason, are equal 
across all vessel size classes.
    Landings information at the conclusion of the second fishing period 
indicate that sufficient allocation remains to warrant an additional 
fishing period without exceeding the allocation for the Area 2A 
directed commercial fishery. As stated above, inseason addition of 
fishing periods with fishing period limits equal across all vessel size 
classes is authorized by Federal regulations at 50 CFR 
300.63(e)(1)(iii) and was announced in the final rule (88 FR 41334, 
June 26, 2023). NMFS determined the following inseason action is 
necessary to meet the management objective of attaining the directed 
commercial fishery allocation, will not result in exceeding the 
allocation, and is consistent with the inseason management provisions 
allowing for additional fishing periods. Notice of this additional 
fishing period and fishing period limits 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 an 
additional fishing period, beginning August 1, 2023 at 8 a.m. and 
ending on August 3, 2023 at 6 p.m. This inseason action also implements 
a fishing period catch limit of 1,000 lb (0.45 mt) dressed weight (880 
lb (0.40 mt) net weight) for all vessel size classes.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for commercial halibut fishery 
participants in Area 2A. The first fishing period opened on June 27, 
2023 at 8 a.m. and closed on June 29, 2023 at 6 p.m. The second fishing 
period opened on July 11, 2023 at 8 a.m. and closed on July 13, 2023 at 
6 p.m. NMFS has determined that an additional fishing period is 
warranted because sufficient allocation remains and that a substantial 
amount of the allocation will go unharvested without an additional 
fishing period.
    As of July 19, approximately 223,261 lb (101.27 mt), net weight, 
have been harvested of the 257,819 lb (116.95 mt) allocation (87 
percent), leaving 34,558 lb (15.68 mt) remaining (13 percent). With 
little risk of the directed commercial fishery allocation being 
exceeded, an additional fishing period is warranted for participants in 
the directed commercial fishery. Therefore, through this action, NMFS 
is adding one fishing period not previously implemented in the final 
rule on June 26, 2023 (88 FR 41334). Specifically, an additional 
fishing period is announced for August 1, 2023 at 8 a.m. until August 
3, 2023 at 6 p.m.
    Fishing period limits for the two fishing periods, implemented in 
the final rule (88 FR 41334, June 26, 2023), varied across vessel size 
classes, ranging from 2,715 lbs. (1.23 mt) to 6,135 lbs. (2.78 mt), and 
were based on the number of permits issued and the allocation. Fishing 
period limits implemented through inseason action

[[Page 48389]]

are equal across vessel size classes, as described in the final rule. 
Based on the allocation estimated to be remaining and the projected 
participation in this additional fishing period, the fishing period 
limit for all vessel size classes is 1,000 lb, (0.45 mt) dressed 
weight.
    Notice of this additional fishing period and fishing period limit 
will also be announced on the NMFS hotline at 206-526-6667 or 800-662-
9825.

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(e)(1)(iii), 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. The California, Oregon, and Washington Departments of Fish 
and Wildlife provided estimated harvest data to NMFS, showing that the 
fishery participants in the directed commercial fishery had caught only 
an estimated 87 percent of the directed commercial fishery allocation. 
NMFS uses current fishery harvest and participation estimates, and 
fishing period catches from prior years to determine if additional 
fishing periods are necessary and to set fishing period limits. Given 
that harvest in the first two fishing periods is below the allocation, 
a third fishing period is considered necessary to increase commercial 
fishing opportunity to attain the directed commercial fishery 
allocation. This action should be implemented as soon as possible for 
fishery participants to plan for the additional fishing. This fishery 
has historically had 2 weeks between fishing periods, or as close to 2 
weeks between them as is practicable, and closes no later than December 
7, 2023 (88 FR 14066, March 3, 2023). As such, implementing this action 
through proposed and final rulemaking would limit the benefit this 
action would provide to fishery participants. Without implementation of 
an additional fishing period, the directed commercial fishery 
allocation is unlikely to be reached, 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 additional fishing periods can take place, and for 
business decision making by the regulated public impacted by this 
action, which includes commercial fishing operations and associated 
port businesses, among others. To ensure the regulated public is fully 
aware of this action, notice of this regulatory action will also be 
provided to fishery participants through a telephone hotline, and news 
release. 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(e)(1)(iii) and in the final rule (88 FR 41334, June 26, 
2023).
    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 the directed 
commercial fishery. NMFS regulations allow the Regional Administrator 
to add fishing periods and set fishing period limits inseason, provided 
that the action allows allocation objectives to be met and will not 
result in exceeding the catch limit for the fishery. NMFS recently 
received information on the progress of landings in the directed 
commercial fishery, indicating an additional fishing period with 
fishing period limits should be implemented in the fishery to ensure 
optimal and sustainable harvest of the allocation. As stated above, it 
is in the public interest that this action is not delayed, because a 
delay in the effectiveness of this additional fishing period would not 
allow the allocation objectives of the directed commercial Pacific 
halibut fishery to be met.

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

    Dated: July 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-15915 Filed 7-24-23; 4:15 pm]
BILLING CODE 3510-22-P