[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53361-53363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13985]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240327-0090; RTID 0648-XE043]


Pacific Halibut Fisheries of the West Coast; 2024 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 action for the Oregon Central Coast 
subarea in the Pacific halibut recreational fishery in the 
International Pacific Halibut Commission's (IPHC) regulatory Area 2A. 
Specifically, this action announces that the Oregon Central Coast 
subarea's spring all-depth fishery will be open 7 days per week from 
July 1 through July 31. This action is intended to provide opportunity 
for anglers to achieve the catch limit in the Pacific Fishery 
Management Council's (Council) 2024 Pacific Halibut Catch Sharing Plan.

DATES: 
    Effective date: July 1, 2024, through July 31, 2024.
    Comment date: Comments will be accepted on or before July 11, 2024.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2024-0014, 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-2024-0014 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 Melissa Mandrup, West Coast Region, NMFS, 501 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 https://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/2024-pacific-halibut-recreational-fishery and at the Council's website at 
https://www.pcouncil.org. Other comments received may be accessed 
through https://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: On April 4, 2024, NMFS published a final 
rule approving changes to the Pacific halibut Area 2A Catch Sharing 
Plan and implementing recreational (sport) management measures for the 
2024 Area 2A recreational fisheries (89 FR 22966), as authorized by the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-

[[Page 53362]]

773(k)). The Council's 2024 Catch Sharing Plan provides a recommended 
framework for NMFS' annual management measures and subarea allocations 
based on the 2024 Area 2A Pacific halibut catch limit, also known as 
the fishery constant exploitation yield (FCEY), of 1.47 million pounds 
(lb; 666.8 metric tons (mt)) set by the IPHC. The Area 2A FCEY and 
recreational fishery allocations were adopted by the IPHC and were 
published in the Federal Register on March 18, 2024 (89 FR 19275), 
after acceptance by the Secretary of State, with concurrence from the 
Secretary of Commerce, in accordance with 50 CFR 300.62. The final rule 
published on April 3, 2024 (89 FR 22966), implementing recreational 
management measures for the 2024 Area 2A Pacific halibut fisheries, 
stated that if in the event that there is remaining Oregon Central 
Coast spring all-depth subarea allocation remaining after June 30, NMFS 
may take inseason action to reopen the fishery, up to 7 days a week, 
during the month of July.
    NMFS has determined that, due to lower than expected landings in 
the Oregon Central Coast subarea, inseason action to open the spring 
all-depth recreational fishery 7 days a week in July is warranted at 
this time to provide additional opportunity for fishery participants to 
achieve the Area 2A subarea allocations. As stated above, taking 
inseason action to reopen the Oregon Central Coast spring-all depth 
fishery and modify fishing season dates is authorized by the final rule 
(89 FR 22966) and Federal regulations at 50 CFR 300.63(c)(6). After 
consulting with the Oregon Department of Fish and Wildlife (ODFW) and 
other appropriate entities, NMFS determined the following inseason 
action is necessary to meet the management objective of attaining the 
subarea allocation and is consistent with the inseason management 
provisions allowing for the modification of recreational fishing 
periods and recreational fishing days per calendar week. Federal 
regulations at 50 CFR 300.63(c)(6), 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 allocations, if it is determined it is 
necessary to meet the allocation objectives and the action will not 
result in exceeding the FCEY.
    Notice of these additional dates are announced in accordance with 
Federal regulations at 50 CFR 300.63(c) and also on the NMFS hotline at 
(206) 526-6667 or (800) 662-9825. Weekly catch monitoring reports for 
the recreational fishery in Oregon are available on the ODFW website. 
NMFS 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 in the Oregon Central Coast 
spring all-depth fishery, and the area is closed by NMFS, or the season 
closes on July 31, 2024, whichever is earlier.

Inseason Action

Oregon Central Coast Subarea

    Description of the action: This inseason action opens additional 
fishing days in the Oregon Central Coast subarea. Specifically, this 
action opens the Oregon Central Coast subarea's spring all-depth 
fishery 7 days a week from July 1 through July 31, 2024, or until there 
is not sufficient subarea allocation for another full day of fishing 
and the area is closed.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Oregon Central Coast 
subarea to achieve the subarea allocation. NMFS has determined that 
additional fishing days are warranted due to lower than expected 
landings from smaller than anticipated halibut being caught and poor 
weather conditions from May through early-June. The expectation is that 
a substantial amount of the Oregon combined allocation will go 
unharvested without the spring all-depth fishery open in the month of 
July. The recreational fishery in this subarea opened on May 1, 2024, 
and as of early-June, anglers in the Oregon Central Coast subarea's 
spring all-depth fishery have only harvested 57,540 lb (26.1 mt) of the 
167,681 lb (76 mt) spring all-depth fishery allocation (34.3 percent), 
leaving 110,141 lb (49.6 mt) remaining (65.7 percent of the spring all-
depth and 21.6 percent of the overall Oregon Central Coast subarea 
allocation of 266,161 lb (120.7 mt)). Additionally, ODFW reported to 
NMFS that the average weight of individual halibut caught by anglers in 
the Central Oregon Coast subarea spring all-depth season in 2024 is 
13.5 lb (0.0061 mt) compared to 16.0 lbs (0.0073 mt) in 2023, 15.2 lb 
(0.069 mt) in 2022 and 14.2 lb (0.0064 mt) in 2021. During pre-season 
planning, projections used to develop Oregon Central Coast's season 
structure were based on the average weight caught by anglers being 
similar to that of what was observed in 2023, in anticipation of larger 
fish from the 2012-year class recruiting to the fishery. However, 
results from sampling efforts, to date, indicate there has been an 
approximately 16 percent reduction in average weight caught in 2024 
compared to average weight caught in 2023, possibly due to a younger 
year class recruiting to the fishery. Further, it was reported by ODFW 
that Oregon Central Coast experienced stronger spring winds in 2024 
compared to 2023, limiting the number of days anglers were able to fish 
for Pacific halibut offshore. These two factors, low average weight and 
poor weather conditions, likely have contributed to the lower catches 
seen in the Oregon Central Coast subarea.
    After consulting with ODFW, it was determined that in order for 
anglers to have the opportunity to achieve the overall Central Coast 
subarea allocation, with little risk of the subarea, state, or 
coastwide allocation being exceeded, opening the spring all-depth 
fishery for the month of July is warranted. Therefore, through this 
action, NMFS is announcing the opening of Oregon Central Coast 
subarea's spring all-depth fishery, up to 7 days a week, during the 
month of July, as noticed in the April 4, 2024 final rule (89 FR 
22966).
    Notice of these additional dates are announced in accordance with 
Federal regulations at 50 CFR 300.63(c) and also 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(c)(6), and is exempt from review under Executive Order 
12866.
    Pursuant to 5 U.S.C. 553(b)(3)(B), and consistent with 50 CFR 
300.63(c)(6)(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 
provided updated Pacific halibut landings data to NMFS on June 13, 
2024, showing that through June 9, fishery participants in the Oregon 
Central Coast subarea's spring all-depth fishery off the had caught 
only 34.3 percent of the spring all-depth fishery allocation, which is 
only 21.6 percent of the total Oregon Central Coast subarea allocation, 
and 21.1 percent of the total Oregon recreational 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 Central Coast 
subarea, additional dates are considered necessary to increase angler 
opportunity to reach the overall

[[Page 53363]]

Oregon Central Coast subarea allocation. This action should be 
implemented as soon as possible to allow Oregon Central Coast subarea's 
spring all-depth fishery participants to be able to plan for and take 
advantage of the additional season dates. As the Oregon Central Coast 
subarea's spring all-depth fishery closes on June 30, 2024, 
implementing this action through proposed and final rulemaking would 
limit the benefit this action would provide to fishery participants. 
Without implementation of additional season dates for the Oregon 
Central Coast, the Oregon allocations are unlikely to be harvested, 
limiting economic benefits to the participants and not meeting the 
goals of the 2024 Catch Sharing Plan. It is necessary that this 
rulemaking be implemented in a timely manner so that planning for 
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 ODFW. 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 2024 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 Oregon Central Coast subarea. 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 the Oregon subareas, indicating additional fishing dates 
in Oregon should be implemented in the fishery this season to ensure 
optimal 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 20, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-13985 Filed 6-25-24; 8:45 am]
BILLING CODE 3510-22-P