[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Rules and Regulations]
[Pages 45341-45343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16345]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 200427-0121]
RTID 0648-XW034
Pacific Halibut Fisheries; 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: This document announces additional season dates for the
Washington and Columbia River Pacific halibut recreational fisheries in
the International Pacific Halibut Commission's regulatory Area 2A off
Washington, Oregon, and California. This action is intended to conserve
Pacific halibut and provide angler opportunity where available.
DATES: This action is effective July 27, 2020, through December 31,
2020. Submit comments on or before August 12, 2020.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0120, by
either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0120, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Barry Thom, c/o Kathryn
Blair, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232.
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
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/2020-pacific-halibut-catch-sharing-plan and at the Council's website at
http://www.pcouncil.org. Other comments received may be accessed
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
[[Page 45342]]
fax: 503-231-6893, or email: [email protected].
SUPPLEMENTARY INFORMATION: On May 1, 2020, NMFS published a final rule
approving changes to the Pacific halibut Area 2A Catch Sharing Plan and
recreational (sport) management measures for 2020 (85 FR 25317), as
authorized by the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-
773(k)). The 2020 Catch Sharing Plan provides a recommended framework
for NMFS' annual management measures and subarea allocations based on
the 2020 Area 2A Pacific halibut catch limit of 1,500,000 pounds (lb)
(680.4 metric tons (mt)). These Pacific halibut management measures
include recreational fishery season dates and subarea allocations.
Federal regulations at 50 CFR 300.63(c), ``Flexible Inseason
Management Provisions for Sport Halibut Fisheries in Area 2A,'' allow
the NMFS' Regional Administrator, after consultation with the Chairman
of the Pacific Fishery Management Council (Council), the Executive
Director of the International Pacific Halibut Commission (IPHC), and
the Fisheries Directors affected states, or their designees, to modify
annual regulations during the season. These inseason provisions allow
the Regional Administrator to modify sport fishing periods, bag limits,
size limits, days per calendar week, and subarea quotas, 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 inseason action to modify the 2020 annual
regulations is warranted at this time to ensure the Area 2A allocations
as published in Table 1 of the final rule (85 FR 25317, May 1, 2020)
are met. As stated above, inseason modification of the fishing season
is authorized by Federal regulations at 50 CFR 300.63(c). After
consultation with IPHC, the Council, the Washington Department of Fish
and Wildlife (WDFW), and the Oregon Department of Fish and Wildlife
(ODFW), NMFS determined the following inseason actions are necessary to
meet the management objective of attaining the quota, and fall under
inseason management provisions allowing for the modification of sport
fishing periods and sport fishing days per calendar week. Notice of
these additional dates and closure of the fisheries will also be
announced on the NMFS hotline at 206-526-6667 or 800-662-9825.
Inseason Action
Inseason Action #1
Description of the action: Inseason action #1 implements additional
season dates for the Puget Sound, North and South Coast subareas in the
State of Washington.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in Washington's Puget Sound,
North and South Coast subareas to achieve the catch limit. Since late
April, Washington anglers have been unable to access boat ramps and
other facilities needed for recreational fishing in many coastal areas,
resulting in lower than normal landings. For reference, in 2018 and
2019, 92 percent of the available recreational quota was attained
during the fishing season that concluded in June. Through June 2020,
anglers in the Washington recreational fisheries have caught 17 percent
of the available quota. Without additional season days, the season
dates implemented in the May 1, 2020 (85 FR 25317) final rule would
likely result in substantial unharvested quota.
Therefore, in order for anglers to have the opportunity to achieve
the subarea allocation, and with little risk of the quota being
exceeded, through this action NMFS is announcing new season dates in
August and September that were not previously announced in the May 1,
2020 final rule (85 FR 25317). Specifically, the additional season
dates for the Puget Sound and North Coast subareas are August 6-8, 13-
15, 20-22, 27-29, September 3-5, 10-12, 17-19, and 24-26, 2020. For the
South Coast, the additional season dates are August 6, 13, 16, 20, 23,
27, 30, September 3, 6, 10, 13, 17, 20, 24, and 27, 2020. If catch and
effort are lower than anticipated, NMFS may also announce additional
fishing days for the South Coast on the NMFS hotline at 206-526-6667 or
800-662-9825, that may include August 28, September 4, and September
11, 2020.
These dates were determined in consultation with WDFW, the Council,
and IPHC. Notice of these and potential additional dates and closure of
the fisheries will also be announced on the NMFS hotline at 206-526-
6667 or 800-662-9825.
Inseason Action #2
Description of the action: Inseason action #2 implements additional
season dates for the Columbia River subarea, an area that includes
waters off both the States of Washington and Oregon.
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 catch limit. Since late April, Washington and
Oregon anglers have been unable to access boat ramps and other
facilities needed for recreational fishing in the Columbia River
subarea, and have therefore not attained any of the 18,450 lb (8.37 mt)
allocation. As a result, NMFS is adding season dates in addition to
those implemented in the May 1, 2020 final rule (85 FR 25317). For
reference, in 2018 and 2019, anglers harvested all of the available
quota during May and June. Without additional days, the fishery would
likely result in substantial unharvested quota.
Therefore, in order for anglers to have the opportunity to achieve
the subarea allocation, NMFS is adding season dates to August and
September. Specifically, the additional season dates for the all-depth
fishery in the Columbia River subarea are August 6, 13, 16, 20, 23, 27,
30, September 3, 6, 10, 13, 17, 20, 24, and 27, 2020. If catch and
effort are lower than anticipated, NMFS may also announce additional
fishing days for the Columbia River on the NMFS hotline at 206-526-6667
or 800-662-9825, that may include August 28, September 4, and September
11, 2020. For the nearshore fishery in the Columbia River subarea, the
fishery will be open August 10, 2020, and continue on Monday, Tuesday,
and Wednesday each week until the nearshore allocation is taken or
September 30, 2020, whichever is earlier.
Weekly quota monitoring reports for the recreational fisheries in
Washington, Oregon, and California are available on their respective
websites. NMFS and the IPHC will continue to monitor recreational catch
obtained via state sampling procedures, and, if necessary, will make
inseason adjustments to the Pacific halibut recreational fishery. NMFS
will provide notice of inseason changes on the NMFS hotline at 206-526-
6667 or 800-662-9825. The IPHC will announce inseason changes via news
release on their website at https://iphc.int/.
Classification
NMFS issues this action pursuant to the Northern Pacific Halibut
Act of 1982. This action is required by 50 CFR 300.63(c) and authorized
by IPHC regulations published March 13, 2020 (85 FR 14586), which 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. Prior notice and
[[Page 45343]]
opportunity for public comment was impracticable because NMFS had
insufficient time between when adequate landings information became
available to determine if additional days would be necessary, and when
those dates needed to occur within the season. 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 the relevant state fish and wildlife agencies. This
notice complies with the requirements of the annual management measures
for Pacific halibut recreational fisheries published May 1, 2020 (85 FR
25317) and IPHC regulations published March 13, 2020 (85 FR 14586).
While there is not time for prior notice and comment, NMFS will receive
public comments for 15 days after publication of this action, in
accordance with 50 CFR 300.63(c)(4)(ii). No aspect of this action is
controversial, and changes of this nature were anticipated in the final
rule for the Pacific halibut Catch Sharing Plan and annual management
measures which published May 1, 2020 (85 FR 25317).
There is 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
publication, as a delay in effectiveness of this action would constrain
fishing opportunity and be inconsistent with the goals of the Catch
Sharing Plan and current management measures, as well as potentially
cause economic harm to the associated fishing communities. Regulations
allow the Regional Administrator to modify sport fishing periods, bag
limits, size limits, days per calendar week, and subarea quotas,
provided that the action allows allocation objectives to be met and
will not result in exceeding the catch limit for the area. NMFS
recently received information on the progress of landings in the
recreational fisheries in Washington and the Columbia River subareas,
necessitating new dates be added to the fishery to ensure optimal and
sustainable harvest of the quota. A delay in the effectiveness of these
new dates would not allow the allocation objectives of this fishery to
be met, as the fishery is scheduled to conclude by September 30,
according to both the May 1, 2020 final rule (85 FR 25317) and the
Council's Catch Sharing Plan.
Dated: July 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-16345 Filed 7-27-20; 8:45 am]
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