[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46824-46825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240523-0145]
RIN 0648-BM75


Pacific Halibut Fisheries of the West Coast; 2024 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.

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SUMMARY: This action makes two corrections to the 2024 Area 2A Pacific 
halibut recreational management measures implemented on April 4, 2024. 
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 Oregon Central Coast nearshore fishery. The 
date and allocation corrections are to address minor inadvertent 
transcriptional errors, non-substantive changes to the final rule, and 
this rule is needed to avoid confusion with the public, enforcement, 
and management agencies.

DATES: Effective May 29, 2024.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific halibut fishery in 
International Pacific Halibut Commission (IPHC) 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 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, also known as the 
Fishery Constant Exploitable Yield (FCEY), between treaty tribal and 
non-tribal harvesters, and among non-tribal commercial and recreational 
(sport) fisheries, and adopts management measures for these fisheries. 
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 (89 FR 
22966, April 3, 2024) implemented management measures for the 2024 
recreational fishery, consistent with the recommendations made by the 
Council in its 2024 Catch Sharing Plan, including the days the fishery 
is open and subarea allocations in Area 2A. The final rule was 
effective on April 4, 2024. However, it contained two transcription 
errors, one for the Washington South Coast subarea and one for the 
Oregon Central Coast subarea.

[[Page 46825]]

Corrections

Season Dates

    On page 22967 of the final rule, NMFS inadvertently excluded 2 days 
the Washington Department of Fish and Wildlife (WDFW) and the Council 
intended the fishery to be open in the Washington South Coast subarea: 
May 28 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 through public meetings held 
by WDFW, as well as at the Council's September and November meetings. 
Specifically, the Council recommended to NMFS, based on WDFW's 
recommendation, that fishing days in the Washington South Coast subarea 
be ``Open May 2 through May 30, three days per week, Thursday, Sunday, 
and Tuesday. Memorial Day weekend: open Thursday, May 23. If sufficient 
quota remains, open June 13, 16, 18, 20, 23, 25, 27, 30. If quota 
remains after June 30, open up to seven days per week in August and 
September.'' However, the final rule inadvertently excluded the last 
Tuesday and Thursday in May: May 28 and 30.
    As such, consistent with the intent of the Council, the corrected 
season dates for the Washington South Coast subarea in May are: May 2, 
5, 7, 9, 12, 14, 16, 19, 21, 23, 28, and 30. Closed May 25, 26 and 27.

Subarea Allocation

    Under the allocation framework the Council adopted in the Catch 
Sharing Plan, the Oregon recreational fishery is allocated 29.7 percent 
of the non-tribal share of the FCEY. The Oregon recreational fishery 
allocation is further allocated to two subareas; the Oregon Central 
Coast receiving 93.79 percent and Southern Oregon receiving 3.91 
percent (up to 8,000 pounds (lb) [3.6 metric tons [mt]] with the 
remainder going to the Columbia River subarea). The Oregon Central 
Coast subarea allocation is further divided into the nearshore fishery 
receiving 12 percent, the spring all-depth fishery receiving 63 
percent, and the summer all-depth fishery receiving 25 percent. 
Consistent with the allocation the IPHC set for Area 2A in 2024 (89 FR 
19275, March 18, 2024) and this framework, the overall Oregon Central 
Coast subarea allocation is 266,161 lb (120.7 mt) and the nearshore 
fishery allocation should therefore be 31,939 lb (14.5 mt). However, 
page 22968 of the final rule incorrectly states the pounds allocated to 
the nearshore fishery as 31,393 lb (14.5 mt). Therefore, this action 
corrects that value and establishes the Oregon Central Coast nearshore 
fishery allocation at 31,939 lb (14.5 mt). The amount in metric tons of 
14.5 mt was stated correctly in the original final rule.

Classification

    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 the public interest because this action is necessary to correct an 
inadvertent error in a final rule (89 FR 22966).
    Immediate correction of the error is necessary to prevent confusion 
among participants in the fishery and to ensure that management of the 
fishery is consistent with State Fish and Wildlife agency 
recommendations, which were developed with stakeholder feedback, and 
the Council's intent for the regulations, as developed over two public 
meetings. The proposed regulations were available for public review 
during a 30-day public comment period in the proposed rule (89 FR 9105, 
February 9, 2024), and the final rule (89 FR 22966, April 3, 2024) 
provided responses to the comments received. Therefore, there is good 
cause to waive additional public comment and immediate correction of 
the error is needed to meet the public's expectations based on 
recommendations made in the Council's 2024 Catch Sharing Plan and in 
outreach materials distributed by the States of Washington and Oregon. 
Delaying this correction to engage in notice-and-comment rulemaking 
would be contrary to the public interest because it would undermine the 
intent of the rule.
    Under section 553(d) of the APA, an agency must delay the effective 
date of 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 became effective April 4, 2024. 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. Additionally, without waiving the 30-day delay 
in effectiveness, this correction to the season dates would not be 
effective by May 28 and 30, which the final rule inadvertently omitted 
as open fishing days in the Washington South Coast subarea, but which 
were 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 24, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-11866 Filed 5-29-24; 8:45 am]
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