[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59673-59676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240327-0090; RTID 0648-XE116]


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 Washington and Oregon 
subareas in the Pacific halibut recreational fishery in the 
International Pacific Halibut Commission's (IPHC) regulatory Area 2A. 
Specifically, this action announces additional fishing dates in August 
and September for the Washington subareas and in August through October 
for the Oregon Central Coast subarea. 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: August 1, 2024 through September 30, 2024 for 
Washington and through October 31, 2024 for Oregon.
    Comment date: Comments due on or before August 7, 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,

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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 3, 2024, NMFS published a final 
rule approving changes to the Pacific halibut Area 2A Catch Sharing 
Plan (CSP) 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-
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 Area 2A 
Pacific halibut management measures include recreational fishery season 
dates, bag limits, and subarea allocations.
    Federal regulations at 50 CFR 300.63(c)(6), ``Inseason Management 
for Recreational (Sport) Halibut Fisheries in Area 2A,'' 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 catch limit.
    NMFS has determined that, due to lower than expected landings in 
all Washington subareas, the Columbia River subarea, and the Oregon 
Central Coast subarea, inseason action to modify the 2024 Washington 
and Oregon recreational fishery seasons, i.e., days per calendar week, 
is warranted at this time to provide additional opportunity for fishery 
participants to achieve the Area 2A subarea allocations. As stated 
above, inseason modification of fishing season dates is authorized by 
Federal regulations at 50 CFR 300.63(c)(6) and the final rule (89 FR 
22966, April 3, 3024). After consulting with the Washington Department 
of Fish and Wildlife (WDFW), the Oregon Department of Fish and Wildlife 
(ODFW), and other appropriate entities, NMFS determined that the 
following inseason action is necessary to meet the management objective 
of attaining the subarea allocations and is consistent with the 
inseason management provisions allowing for the modification of 
recreational fishing days per calendar week.
    The final rule published on April 3, 2024 (89 FR 22966), approving 
the 2024 CSP and implementing recreational management measures for the 
2024 Area 2A Pacific halibut fisheries, stated that, if sufficient 
Washington subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The re-
opened area will close when there is not sufficient subarea allocation 
for another full day of fishing. Any inseason action, including 
closures, will be announced in accordance with Federal regulations at 
50 CFR 300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Additionally, the 2024 CSP states that if an allocation is 
designated for the Oregon Central Coast subarea summer all-depth 
fishery, then it is to open the first Friday in August and continue 
until there is insufficient allocation for an additional day of fishing 
or October 31, whichever is earlier. The 2024 CSP also states that, if 
the entire remaining allocation for the Central Oregon Coast subarea is 
60,000 lb or more after the first scheduled open period (i.e., August 
1-3), and if determined to be appropriate through joint consultation 
between IPHC, NMFS, PFMC, and ODFW, the summer all-depth fishery will 
re-open every week on Friday and Saturday (and Thursday if there is 
enough allocation) and/or may open up to 7 days a week beginning 
September 1.
    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 fisheries in Washington and Oregon are available on 
their respective state Fish and Wildlife agency websites. 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 subareas off Washington and 
Oregon, and an area is closed by NMFS, or until the season closes on 
September 30 in Washington and the Columbia River subarea or October 31 
in Oregon, whichever is earlier.

Inseason Action

Washington Puget Sound, North Coast, and South Coast Subareas

    Description of the action: This inseason action implements 
additional fishing dates for the Washington Puget Sound, North Coast, 
and South Coast subareas during the 2024 recreational fishery. The 
Puget Sound and North Coast subarea will open 7 days per week, August 
16 through September 30, or until there is not sufficient subarea 
allocation for another full day of fishing and the area is closed. The 
South Coast subarea will open August 22 through September 3 and 
September 5, 8, 10, 12, 15, 17, 19, 22, 24, 26, 29, 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 Washington Puget 
Sound, North Coast, and South Coast subareas to achieve their remaining 
subarea allocations. Due to lower than expected landings from reduced 
angler effort, low initial catch rates, poor weather and ocean 
conditions, and smaller than anticipated halibut being caught (likely 
as a result of relatively young year-classes supporting the fishery), 
enough subarea

[[Page 59675]]

allocation remains to add the additional dates. Using daily catch 
estimates through June 30, inseason projections for August and 
September suggest that much of the Washington subarea allocations would 
go unharvested without additional fishing dates.
    The Washington Puget Sound subarea recreational fishery opened on 
April 4, 2024. Through June 30, anglers in the Puget Sound subarea have 
harvested 54,497 lb (24.7 mt) of the 81,729 lb (37.1 mt) allocation (67 
percent), leaving 27,232 lb (12.4 mt) remaining (33 percent of the 
subarea allocation). The Washington North and South Coast subareas 
opened on May 2, 2024. Through June 30, anglers in the North Coast 
subarea have harvested 101,852 lb (46.2 mt) of the 132,366 lb (60.0 mt) 
allocation (77 percent), leaving 30,514 lb (13.8 mt) remaining (23 
percent of the subarea allocation). Anglers in the South Coast subarea 
have harvested 51,085 lb (23.1 mt) of the 67,074 lb (30.4 mt) 
allocation (76 percent), leaving 15,989 lb (7.3 mt) remaining (24 
percent of the subarea allocation).
    After consulting with WDFW, it was determined that in order for 
anglers to have the opportunity to achieve the Washington subarea 
allocations, with little risk of the subareas or coastwide allocation 
being exceeded, additional fishing dates are warranted. Therefore, 
through this action, NMFS is announcing fishing dates in August and 
September that were not previously implemented in the final rule on 
April 3, 2024 (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.

Columbia River Subarea

    Description of the action: This inseason action implements 
additional fishing dates for the Columbia River subarea during the 2024 
recreational fishery. The Columbia River subarea will open from August 
22 through September 3 and September 5, 8, 10, 12, 15, 17, 19, 22, 24, 
26, 29, 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 Columbia River 
subarea to achieve the subarea allocation. NMFS has determined, for the 
same reasons stated above for the Washington subareas, that the 
Columbia River subarea allocation will go unharvested without 
additional fishing dates. The recreational fishery in this subarea 
opened on May 2, 2024. As of June 30, anglers in the Columbia River 
subarea have harvested 13,605 lb (6.2 mt) of the 11,112 lb (8.2 mt) 
allocation (75.1 percent), leaving 4,508 lb (2.0 mt) remaining (25 
percent of the subarea allocation).
    After consulting with WDFW and ODFW, it was determined that in 
order for anglers to have the opportunity to achieve the Columbia River 
subarea allocation, with little risk of the subarea or coastwide 
allocation being exceeded, additional fishing dates are warranted. 
Therefore, through this action, NMFS is announcing fishing dates in 
August and September that were not previously implemented in the final 
rule on April 3, 2024 (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.

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 summer all-depth 
fishery from 3 days every other week to 7 days a week from August 1 
through October 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 by spreading angler effort throughout the week and allowing 
them to take advantage of optimal weather windows to better achieve the 
subarea allocation. NMFS has determined that due to lower than expected 
landings through July 7, and the expectation that a substantial amount 
of the Oregon combined allocation will go unharvested without 
additional fishing days, additional fishing days are warranted. The 
spring all-depth fishery in this subarea opened May 1, 2024. Catch 
estimates through July 7 in the Oregon Central Coast subarea's spring 
all-depth fishery indicate 119,136 lb (22 mt) of the 167,681 lb (76 mt) 
spring all-depth fishery allocation (71.1 percent) has been harvested, 
leaving 48,545 lb (22.0 mt) remaining (29.0 percent of the spring all-
depth). Catch estimates through July 7 indicate, the Oregon Central 
Coast subarea remaining allocation is estimated to be 147,024 lb (66.7 
mt; 55.2 percent of the subarea allocation). Any spring all-depth 
fishery allocation that remains after July 31 will be combined with the 
initial summer all-depth fishery allocation of 66,540 lb (30.2 mt). 
Based on an average of 12,571 lb landed per week in the spring all-
depth fishery (2022-present), ODFW projects 10,381 lb (4.7 mt) to be 
remaining by the end of July to be combined with the initial summer 
all-depth fishery for a combined all-depth allocation of 77,370 lb 
(35.1 mt). The projected combined all-depth allocation plus the unused 
nearshore allocation totals a projected allocation of 109,309 lb (49.6 
mt) of Pacific halibut available for recreational anglers in the Oregon 
Central Coast subarea. 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 13.9 lb (0.0063 
mt), as compared to 16.0 lb (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 the Oregon Central Coast's season structure 
were based on the average weight for individual halibut caught by 
anglers being similar to that of what was observed in 2023, and in 
anticipation of larger fish from the 2012-year class recruiting to the 
fishery. However, results from sampling efforts, to date, indicate that 
there has been an approximately 13 percent reduction in average weight 
for individual halibut 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 the Oregon Central Coast 
experienced stronger spring winds in 2024 compared to 2023, which 
limited the number of days anglers were able to fish for Pacific 
halibut offshore. These two factors, low average weight of halibut 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 Oregon Central 
Coast subarea allocation, with little risk of the subarea or coastwide 
allocation being exceeded, additional fishing dates are warranted. 
Therefore, through this action, NMFS is announcing fishing dates in 
July, August, September, and October that were not previously 
implemented in the final rule on April 3, 2024 (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.

[[Page 59676]]

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), 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. WDFW provided updated landings data to NMFS on July 9, 2024, 
showing that through June 30, fishery participants in the recreational 
fishery off of Washington had caught only 67 percent of the Puget Sound 
subarea allocation, 77 percent of the North Coast subarea allocation, 
and 76 percent of the South Coast subarea allocation; fishery 
participants in the Columbia River subarea had caught only 75 percent 
of the subarea allocation. On July 12, 2024, ODFW provided updated 
landings data to NMF, showing that through July 7, fishery participants 
in the recreational fishery off Oregon had caught only 44.8 percent of 
Central Coast subarea 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 Washington Puget Sound, North Coast, and South Coast subareas; 
the Columbia River subarea; and the Oregon Central Coast subarea, 
additional fishing dates are considered necessary to increase angler 
opportunity to reach the overall Washington and Oregon subarea 
allocations. This action should be implemented as soon as possible to 
allow fishery participants to take advantage of the additional season 
dates. As the fisheries close on September 30, 2024 in the Washington 
and Columbia River subareas, and on October 31, 2024 in the Oregon 
subareas, implementing this action through proposed and final 
rulemaking would undermine the benefit this action would provide to 
fishery participants. Without implementation of additional season dates 
in the Washington Puget Sound, North Coast, and South Coast subareas, 
the Columbia River subarea, and the Oregon Central Coast subarea, the 
overall Washington and Oregon allocations are unlikely to be harvested, 
thus limiting the economic benefits to the fishery participants and 
obstructing 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 to allow 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 be provided to anglers through a telephone 
hotline, news release, and by the relevant state Fish and Wildlife 
agencies. 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 these subareas. 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 Washington and 
Oregon subareas, indicating additional season dates for Washington and 
Oregon should be implemented in the fishery 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: July 18, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-16151 Filed 7-22-24; 8:45 am]
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