[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Page 53383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230331-0089; RTID 0648-XD229]


Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing 
Plan; Automatic Action

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces closure of the Pacific halibut recreational 
fishery in the California Coast subarea of the International Pacific 
Halibut Commission's regulatory Area 2A. The California Coast subarea 
will close on August 4, 2023 at 11:59 p.m. This action is intended to 
conserve Pacific halibut.

DATES: Effective August 4, 2023, at 11:59 p.m., through November 15, 
2023.

FOR FURTHER INFORMATION CONTACT: Heather Fitch, 360-320-6549, 
[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 the 
2023 Area 2A recreational fisheries (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 recreational 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)(3) state that once NMFS has determined an area or subarea 
has attained or is projected to attain its area or subarea allocation, 
NMFS will take automatic action to close the fishery and that such 
closures will be determined without prior notice or opportunity to 
comment.
    The final rule (88 FR 21503, April 11, 2023) opened the California 
Coast subarea May 1 through November 15, or until the subarea 
allocation is estimated to have been taken and the season is therefore 
closed, whichever is earlier. The California Coast subarea allocation 
is projected to be attained on August 4, 2023; therefore, the subarea 
will close on that date. Notice of the subarea closure 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 catches in open subareas 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.

Automatic Action

    Description of the action: This automatic action provides notice of 
closure for the recreational fishery in the California Coast subarea, 
effective Friday, August 4, 2023 at 11:59 p.m.
    Reason for the action: The purpose of this action is to close the 
California Coast subarea to avoid exceeding the subarea allocation. As 
of July 31, anglers in the subarea have harvested 37,429 lb (16.98 mt) 
from an allocation of 39,520 lb (17.93 mt), leaving 2,091 lb (0.95 mt) 
remaining. Weekly catch amounts have averaged 2,674 lb (1.21 mt). 
Therefore, NMFS estimates that the subarea allocation will be attained 
by August 4, 2023, and the subarea is therefore closed on that date.

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)(3), 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 Department of Fish and Wildlife provided 
updated landings data to NMFS on July 31, 2023, showing that through 
this date, fishery participants in the recreational fishery off of 
California had caught 95 percent of the California Coast subarea 
allocation. NMFS uses weekly catch rates to project when subarea 
allocations will be attained. This action should be implemented as soon 
as possible to provide sufficient notice to fishery participants of the 
subarea closure date. As this action closes the subarea on August 4, 
2023, implementing this action through proposed and final rulemaking 
would risk exceeding the subarea allocation. Implementation of this 
rulemaking in a timely manner is necessary so that planning for the 
subarea closure 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. No aspect of this action 
is controversial, and actions of this nature were anticipated in 
regulations at 50 CFR 300.63(c)(3).
    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 August 4, 2023, as a delay in effectiveness of 
this action would risk exceeding the subarea allocation.

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

    Dated: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16958 Filed 8-3-23; 4:15 pm]
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