[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Rules and Regulations]
[Pages 73602-73603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20608]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240506-0128]
RTID 0648-XE279


Pacific Halibut Fisheries of the West Coast; Inseason Action for 
the 2024 Area 2A Pacific Halibut Directed Commercial Fishery

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS announces inseason action for the 2024 Pacific halibut 
non-Tribal directed commercial fishery in the International Pacific 
Halibut Commission's (IPHC) regulatory Area 2A. This action adds a 
fishing period, September 24 through September 26, 2024, with a fishing 
period catch limit of 1,800 pounds (0.82 metric tons (mt)) per vessel, 
dressed weight. This action is intended to provide opportunity to 
achieve the 2024 non-Tribal directed commercial fishery allocation.

DATES: Effective September 24, 2024, through December 7, 2024.

FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region, 
NMFS, (360) 320-6549, [email protected].

SUPPLEMENTARY INFORMATION: On May 10, 2024, NMFS published a final rule 
implementing fishing periods (i.e. season dates) and fishing period 
limits (i.e. catch limits), by vessel size class, for the IPHC Area 2A 
Pacific halibut non-Tribal directed commercial fishery that operates 
south of Point Chehalis, WA (lat. 46[deg]53.30' N) (89 FR 40417). The 
Area 2A non-Tribal directed commercial fishery allocation is 249,338 
pounds (113 mt), net weight (i.e., the weight of Pacific halibut that 
is without gills and entrails, head-off, washed, and without ice and 
slime) (89 FR 19275, March 18, 2024).
    The initial fishing periods occurred on June 25-27 and July 9-11, 
2024, with fishing period limits ranging from 1,800 pounds to 4,500 
pounds (0.816 mt to 2.041 mt), dressed weight, varied by vessel size 
class. A third fishing period occurred on August 6-8, 2024, with a 
fishing period limit of 1,000 pounds (0.45 mt), dressed weight, for all 
vessel size classes and a fourth fishing period occurred on August 27-
29, 2024, with a

[[Page 73603]]

fishing period limit of 1,400 pounds (0.82 mt). Landings information to 
date indicates that sufficient allocation remains to warrant an 
additional fishing period. Approximately 221,750 pounds (100.6 mt), net 
weight, have been harvested of the 249,338-pound (113 mt) allocation 
(89 percent), leaving 27,588 pounds (12.5 mt) remaining (11 percent).
    NMFS is adopting an additional fishing period not previously 
implemented in the final rule on May 10, 2024 (89 FR 40417), in 
accordance with 50 CFR 300.63(e)(1)(iii). Fishing period limits 
implemented through inseason action are equal across vessel size 
classes and are based on the allocation estimated to be remaining and 
the projected participation and catch rates in this additional fishing 
period.
    NMFS has determined the following inseason action is necessary to 
meet the management objective of attaining the allocation, is not 
anticipated to risk exceeding the allocation, and is consistent with 
the inseason management provisions allowing for additional fishing 
periods.

Inseason Action

    This inseason action implements an additional fishing period, 
beginning September 24, 2024 at 8 a.m. and ending on September 26, 2024 
at 6 p.m. This inseason action also implements a fishing period catch 
limit of 1,800 pounds (0.82 mt) per vessel, dressed weight (head-on, 
with ice and slime), for all vessel size classes.
    Notice of this additional fishing period and fishing period limit 
will also be announced 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(e)(1)(iii), and is exempt from review under Executive Order 
12866.
    Pursuant to 5 U.S.C. 553(b)(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, Oregon, and Washington Departments of Fish and Wildlife 
provided estimated harvest data to NMFS inseason. As of September 4, 
2024, the Area 2A non-Tribal directed commercial fishery had caught 
only an estimated 89 percent of the fishery allocation. NMFS uses 
current fishery harvest and participation estimates, and fishing period 
catches from prior years, to determine if additional fishing periods 
are necessary to reach the allocation, and to set fishing period limits 
for those additional fishing periods. Given that harvest in the first 
four fishing periods is estimated to be well below the allocation, a 
fifth fishing period is considered necessary to maximize commercial 
fishing opportunity to attain the allocation. This action should be 
implemented as soon as possible for fishery participants to plan for 
the additional fishing. This fishery has historically had 2 weeks 
between fishing periods, or as close to 2 weeks between them as is 
practicable. The fishery may close no later than December 7, 2024 (89 
FR 19275, March 18, 2024). As such, implementing this action through 
proposed and final rulemaking would limit the benefit this action would 
provide to fishery participants. Without implementation of an 
additional fishing period, the fishery allocation is unlikely to be 
reached, limiting economic benefits to the participants and not meeting 
the goals of the Catch Sharing Plan. It is necessary that this action 
be implemented in a timely manner so that planning for the additional 
fishing period can take place, and for business decision making by the 
regulated public impacted by this action, which includes commercial 
fishing operations and associated port businesses, among others. To 
ensure the regulated public is fully aware of this action, notice of 
this regulatory action will also be provided to fishery participants 
through a telephone hotline, and via email news release. 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(e)(1)(iii) and in the final rule (89 FR 40417, May 10, 2024).
    For the reasons discussed above, there is also good cause under 5 
U.S.C. 553(d)(3) to establish an effective date less than 30 days after 
date of publication, as a delay in effectiveness of this action would 
constrain fishing opportunity and be inconsistent with the goals of the 
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 Area 2A Pacific halibut non-Tribal directed commercial 
fishery allocation. NMFS regulations allow the Regional Administrator 
to add fishing periods and set fishing period limits inseason, provided 
that the action allows allocation objectives to be met and will not 
result in exceeding the catch limit for the fishery. NMFS recently 
received information on the progress of landings in the non-Tribal 
directed commercial fishery, indicating an additional fishing period 
with fishing period limits should be implemented in the fishery to 
ensure optimal and sustainable harvest of the allocation. As stated 
above, it is in the public interest that this action is not delayed, 
because a delay in the effectiveness of this additional fishing period 
would not allow the allocation objectives of the Area 2A Pacific 
halibut non-Tribal directed commercial fishery to be met.

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

    Dated: September 6, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-20608 Filed 9-10-24; 8:45 am]
BILLING CODE 3510-22-P