[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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