Pacific Halibut Fisheries; Catch Sharing Plan; Inseason Action, 52351-52353 [2022-18390]
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
(c) * * *
(3) An increase in prote´ge´ participation in
DoD science and technology programs; and
(4) An increase in job creation of prote´ge´
firms from the date of execution of the
mentor-prote´ge´ agreement until 5 years after
completion of the mentor-prote´ge´ agreement.
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I–101
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Definitions
As used in this appendix—
Affiliation means, with respect to a
relationship between a mentor firm and a
prote´ge´ firm, a relationship described under
13 CFR 121.103.
Eligible entity employing the severely
disabled means a business entity operated on
a for-profit or nonprofit basis that—
(1) Uses rehabilitative engineering to
provide employment opportunities for
severely disabled individuals and integrates
severely disabled individuals into its
workforce;
(2) Employs severely disabled individuals
at a rate that averages not less than 20
percent of its total workforce;
(3) Employs each severely disabled
individual in its workforce generally on the
basis of 40 hours per week; and
(4) Pays not less than the minimum wage
prescribed pursuant to section 6 of the Fair
Labor Standards Act (29 U.S.C. 206) to those
employees who are severely disabled
individuals.
Severely disabled individual means an
individual who is blind or severely disabled
as defined in 41 U.S.C. 8501.
I–102 Participant Eligibility
(a) * * *
(2) * * *
(iv) Is an other than small business
concern, unless approved by the Director of
the Office of Small Business Programs
(OSBP), Office of the Under Secretary of
Defense, Acquisition and Sustainment
(OUSD(A&S)), in accordance with 13 CFR
121.103 regarding ‘‘affiliation and
relationship’’; and
(3) Be capable of imparting value to a
prote´ge´ firm because of experience gained as
a DoD contractor or through knowledge of
general business operations and Government
contracting, as demonstrated by evidence
that such entity—
(i) Received DoD contracts and
subcontracts equal to or greater than $100
million during the previous fiscal year;
(ii) Is a prime contractor to DoD with an
active subcontracting plan; or
(iii) Has graduated from the 8(a) Business
Development Program and provides
documentation of its ability to serve as a
mentor.
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(h) Within 30 days of any change in status
affecting eligibility, mentors and prote´ge´s
must give notice and explanation of pertinent
facts to each other, the Director of OSBP,
OUSD(A&S), and the Director, OSBP, of the
military department or defense agency.
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Selection of Prote´ge´ Firms
I–104
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(c) Any interested party may file a protest
of the selection of a prote´ge´ firm directly
with the Director, OSBP, OUSD(A&S) or the
Director, OSBP, of the cognizant military
department or defense agency. In the event
of a protest regarding the size or status of an
entity selected to be a prote´ge´ firm, the
Director, OSBP, OUSD(A&S), or the Director,
OSBP, of the military department or defense
agency must refer the protest to the SBA to
resolve in accordance with 13 CFR part 121
(with respect to size) or other parts of title
13 of the CFR or this appendix (with respect
to the prote´ge´’s socioeconomic status). The
Director, OSBP, OUSD(A&S), or the Director,
OSBP, of the military department or defense
agency shall decide protests concerning all
other aspects of a prote´ge´’s eligibility for the
Program (e.g., nontraditional defense
contractor or entity employing the severely
disabled).
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I–105 Mentor Approval Process
(a) An entity seeking to participate as a
mentor must apply to the Mentor-Prote´ge´
Program Director, OSBP, OUSD(A&S), to
establish its initial eligibility as a mentor.
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(c) A template of the mentor application is
available at https://business.defense.gov/
Programs/Mentor-Prote´ge´-Program/MPPResources/.
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52351
statutory requirements, or other
considerations), as well as for cause upon
written findings (e.g., either of the
participants’ failure to perform or provide
adequate assurance of performance; failure to
comply with laws, regulations, and policies;
conflicts of interest; or default under any
provisions of a DoD contract or agreement).
*
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I–113 Performance Reviews
DCMA will conduct annual performance
reviews of the progress and accomplishments
realized under approved mentor-prote´ge´
agreements. These reviews must verify data
provided on the semiannual reports and must
provide information as to—
(a) Whether all costs reimbursed to the
mentor firm under the agreement were
reasonably incurred to furnish assistance to
the prote´ge´ in accordance with the mentorprote´ge´ agreement and applicable regulations
and procedures; and
(b) Whether the mentor and prote´ge´
accurately reported progress made by the
prote´ge´ in employment, revenues, and
participation in DoD contracts during the
Program participation term and for 5 fiscal
years following the expiration of the Program
participation term.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
[FR Doc. 2022–18225 Filed 8–24–22; 8:45 am]
BILLING CODE 5001–06–P
I–106 Development of Mentor-Prote´ge´
Agreements
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DEPARTMENT OF COMMERCE
(g) The agreement shall demonstrate,
through its execution, how it will contribute
to the overall mission of DoD and/or fill or
address an identified critical gap or
vulnerability. Focus areas include, but are
not limited to, manufacturing, research and
development, and knowledge-based services.
I–107 Elements of a Mentor-Prote´ge´
Agreement
*
*
*
*
*
(k) A program participation term for the
agreement that does not exceed 2 years.
Requests for an extension of the agreement
for a period not to exceed an additional 3
years are subject to the approval of the
Director, OSBP, of the cognizant military
department or defense agency. The
justification must detail the unusual
circumstances that warrant a term in excess
of 2 years;
*
*
*
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*
I–110 Credit Agreements
Sections I–110.1 and I–110.2 apply to all
credit agreements, including agreements that
provide for both credit and reimbursement.
*
*
I–111
*
*
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*
Agreement Terminations
*
*
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*
(f) The Director, OSBP, OUSD(A&S) or the
Director, OSBP, of the military department or
defense agency is authorized to terminate the
mentor-prote´ge´ agreement for the
convenience of the Government (to include
national security grounds, funding limits,
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National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 220325–0079; RTID 0648–
XC261]
Pacific Halibut Fisheries; Catch
Sharing Plan; Inseason Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
This notice document
announces additional season dates and
increases the daily bag limit for some
Pacific halibut recreational fisheries in
the International Pacific Halibut
Commission’s (IPHC) regulatory Area
2A off Washington, Oregon, and
California. Specifically, this action adds
season dates such that the Oregon
Central Coast subarea will be open 7
days per week starting September 1, and
increases the daily bag limit from one to
two fish starting September 1 in the
Oregon Central and Southern Coast
subareas. This action also provides
notice of the closure of the California
SUMMARY:
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
subarea on August 7, 2022 that was
announced by the IPHC on August 5,
2022. This action is intended to
conserve Pacific halibut and provide
angler opportunity where available.
DATES:
Effective date: This action is effective
August 23, 2022, through October 31,
2022.
Comments due date: Submit
comments on or before September 9,
2022.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2022–0003,
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–2022–0003 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Scott M. Rumsey, 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/2022-pacific-halibut-catchsharing-plan and at the Council’s
website at https://www.pcouncil.org.
Other comments received may be
accessed through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, phone: 562–980–4034,
fax: 562–980–4018, or email:
joshua.lindsay@noaa.gov.
SUPPLEMENTARY INFORMATION: On April
1, 2022, NMFS published a final rule
approving changes to the Pacific halibut
Area 2A Catch Sharing Plan and
implementing recreational (sport)
management measures for 2022 (87 FR
19007), as authorized by the Northern
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16:00 Aug 24, 2022
Jkt 256001
Pacific Halibut Act of 1982 (16 U.S.C.
773–773(k)). The 2022 Catch Sharing
Plan provides a recommended
framework for NMFS’ annual
management measures and subarea
allocations based on the 2022 Area 2A
Pacific halibut catch limit of 1,490,000
pounds (lb) (675.9 metric tons (mt)) set
by the International Pacific Halibut
Commission (IPHC). 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 to
modify annual regulations during the
season. These inseason provisions allow
the Regional Administrator to modify
sport (recreational) 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, due to
continued lower than expected landings
in portions of Oregon, inseason action to
modify the 2022 annual regulations for
the recreational fishery is warranted at
this time to provide additional
opportunity for fishery participations to
achieve the Area 2A allocations as
published in the final rule (87 FR 19007;
April 1, 2022). As stated above, inseason
modification of the fishing season is
authorized by Federal regulations at 50
CFR 300.63(c). After consulting with
representatives of the IPHC, the Pacific
Fishery Management Council, and the
Oregon Department of Fish and Wildlife
(ODFW), NMFS determined the
following inseason action is necessary
to meet the management objective of
attaining the various state and subarea
allocations, has little risk of the subarea
or coastwide allocation being exceeded
from this action, and is consistent with
the 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.
In addition, the recreational (sport)
management measures for 2022 (87 FR
19007; April 1, 2022) for the California
Coast subarea state that the fishery is
open May 1 through November 15, or
until the subarea allocation is estimated
to have been taken and the season is
therefore closed, whichever is earlier.
The California subarea allocation was
estimated to have been taken on August
7, 2022, and therefore the fishery closed.
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Closure of the California subarea was
announced by the IPHC on August 5,
2022.
Inseason Action
Oregon Central Coast Subarea
Description of the action: This
inseason action implements additional
dates for summer all-depth fishing in
the Oregon Central Coast subarea, and
increases the daily bag limit from one to
two fish for the Oregon Central and
Southern Coast subareas during the
2022 recreational fishery.
Reason for the action: The purpose of
this inseason action is to provide
additional opportunity for anglers in the
Oregon Central Coast subarea by setting
open season dates 7 days per week
beginning September 1 through October
31. The fishery is currently scheduled to
be open every Thursday through
Saturday starting August 4. This action
also allows for additional opportunity
for anglers to retain up to two Pacific
halibut per person per day in the
Oregon Central and Southern Coast
subareas beginning September 1. NMFS
has determined that these additional
dates and increased bag limit are
warranted due to lower than expected
landings through August 2022, and the
expectation that a substantial amount of
subarea allocation will go unharvested
without additional fishing dates. As of
August 10, anglers in the Oregon Central
Coast subarea have harvested 129,155 lb
(58.58 mt) of the 269,782 lb (122.37 mt)
allocation (48 percent), leaving 140,627
lb (63.79 mt) remaining (52 percent of
the subarea allocation). This is a result
of poor weather and ocean conditions
preventing anglers from safely
participating in the recreational fishery
off the coast of Oregon. After 163,231 lb
(74.04 mt) of the subarea allocation
went unharvested in 2021, NMFS
included more season days in 2022
compared to 2021. NMFS previously
published an inseason action on August
5, 2022 (87 FR 47944) to add additional
fishing dates in this subarea. However,
catch information to date shows that
even with the increased fishing dates
provided for in the final rule and
inseason action, participants in the
fishery are unlikely to harvest the full
subarea allocation. Without the
additional fishing days and increased
bag limit in this action, there is likely
to be substantial unharvested allocation
in this subarea.
Notice of these additional dates will
also be announced on the NMFS hotline
at 206–526–6667 or 800–662–9825.
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
California Subarea
Description of the action: This
inseason action provides notice of
closure for the recreational fishery in
the California subarea, effective Sunday,
August 7 at 11:59 p.m..
Reason for the action: On August 3,
2022, NMFS received catch information
indicating that the catch amount for the
recreational Pacific halibut fishery off of
California was projected to be 35,553 lb
(16.13 mt); out of an allocation of 38,740
lb (17.57 mt), with 3,187 lb (1.45 mt)
remaining. Weekly catch amounts have
averaged 4,013 lb (1.82 mt) in 2022,
which includes an outlying week of
high catch. When this week is removed,
the average catch per week is 3,247 lb
(1.47 mt). Therefore, NMFS estimated
that the subarea allocation would be
attained by August 7, 2022, triggering
the closure of the fishery. IPHC issued
a media release on August 5, 2022,
notifying the public of the closure on
August 7. This inseason is providing
notice that the recreational fishery off of
the California coast is closed.
Weekly catch monitoring reports for
the recreational fisheries in Washington,
Oregon, and California are available on
their respective state Fish and Wildlife
agency websites. NMFS and the IPHC
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, and the area
is closed by the IPHC, or the season
closes for Oregon on October 31,
whichever is earlier.
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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),
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. ODFW provided
updated landings data to NMFS on
August 4, 2022, showing that the fishery
participants in the recreational fishery
off of the Oregon Central Coast had only
caught 47 percent of the subarea
allocation. NMFS uses fishing rates from
previous years to determine the number
of recreational fishing dates needed to
attain subarea allocations. The level of
attainment of the allocation for 2022 is
substantially lower than anticipated
when the 2022 final rule setting the
2022 recreational fishery season dates
was developed. This action should be
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16:00 Aug 24, 2022
Jkt 256001
implemented as soon as possible to
allow fishery participants to take
advantage of the additional fishing dates
prior to the end of the season. As the
fishery in Oregon closes on October 31,
2022, 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, a significant portion of the
Oregon subarea allocations are unlikely
to be harvested, limiting economic
benefits to the participants and not
meeting the goals of the Catch Sharing
Plan and the 2022 management
measures. It is necessary that this
rulemaking be implemented in a timely
manner so that planning for these new
fishing days 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 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)(4)(ii).
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 Catch
Sharing Plan and current management
measures, as well as potentially limit
the economic opportunity intended by
this rule to the associated fishing
communities. NMFS 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 subarea. NMFS
recently received information on the
progress of landings in the recreational
fisheries in the Oregon subarea,
indicating additional dates and an
increased bag limit should be added to
the fishery to ensure optimal and
sustainable harvest of the subarea
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52353
allocation. 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.
Dated: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18390 Filed 8–23–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220510–0113; RTID 0648–
XC210]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Actions #26
Through #33
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2022
management measures.
AGENCY:
NMFS announces eight
inseason actions in the 2022 ocean
salmon fisheries. These inseason actions
modify the recreational, commercial,
and treaty Indian salmon fisheries in the
area from the U.S./Canada border to
Cape Falcon, Oregon.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions and the actions remain in effect
until superseded or modified.
FOR FURTHER INFORMATION CONTACT:
Shannon Penna at 562–980–4239,
Email: Shannon.Penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The 2022 annual management
measures for ocean salmon fisheries (87
FR 29690; May 16, 2022), announced
management measures for the
commercial and recreational fisheries in
the area from the U.S./Canada border to
the U.S./Mexico border, effective from
0001 hours Pacific Daylight Time (PDT),
May 16, 2022, until the effective date of
the 2023 management measures, as
published in the Federal Register.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
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]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52351-52353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18390]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220325-0079; RTID 0648-XC261]
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.
-----------------------------------------------------------------------
SUMMARY: This notice document announces additional season dates and
increases the daily bag limit for some Pacific halibut recreational
fisheries in the International Pacific Halibut Commission's (IPHC)
regulatory Area 2A off Washington, Oregon, and California.
Specifically, this action adds season dates such that the Oregon
Central Coast subarea will be open 7 days per week starting September
1, and increases the daily bag limit from one to two fish starting
September 1 in the Oregon Central and Southern Coast subareas. This
action also provides notice of the closure of the California
[[Page 52352]]
subarea on August 7, 2022 that was announced by the IPHC on August 5,
2022. This action is intended to conserve Pacific halibut and provide
angler opportunity where available.
DATES:
Effective date: This action is effective August 23, 2022, through
October 31, 2022.
Comments due date: Submit comments on or before September 9, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-0003, 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-2022-0003 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Scott M. Rumsey, 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/2022-pacific-halibut-catch-sharing-plan and at the Council's website at
https://www.pcouncil.org. Other comments received may be accessed
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, phone: 562-980-4034,
fax: 562-980-4018, or email: [email protected].
SUPPLEMENTARY INFORMATION: On April 1, 2022, NMFS published a final
rule approving changes to the Pacific halibut Area 2A Catch Sharing
Plan and implementing recreational (sport) management measures for 2022
(87 FR 19007), as authorized by the Northern Pacific Halibut Act of
1982 (16 U.S.C. 773-773(k)). The 2022 Catch Sharing Plan provides a
recommended framework for NMFS' annual management measures and subarea
allocations based on the 2022 Area 2A Pacific halibut catch limit of
1,490,000 pounds (lb) (675.9 metric tons (mt)) set by the International
Pacific Halibut Commission (IPHC). 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 to modify annual regulations during
the season. These inseason provisions allow the Regional Administrator
to modify sport (recreational) 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, due to continued lower than expected
landings in portions of Oregon, inseason action to modify the 2022
annual regulations for the recreational fishery is warranted at this
time to provide additional opportunity for fishery participations to
achieve the Area 2A allocations as published in the final rule (87 FR
19007; April 1, 2022). As stated above, inseason modification of the
fishing season is authorized by Federal regulations at 50 CFR
300.63(c). After consulting with representatives of the IPHC, the
Pacific Fishery Management Council, and the Oregon Department of Fish
and Wildlife (ODFW), NMFS determined the following inseason action is
necessary to meet the management objective of attaining the various
state and subarea allocations, has little risk of the subarea or
coastwide allocation being exceeded from this action, and is consistent
with the 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.
In addition, the recreational (sport) management measures for 2022
(87 FR 19007; April 1, 2022) for the California Coast subarea state
that the fishery is open May 1 through November 15, or until the
subarea allocation is estimated to have been taken and the season is
therefore closed, whichever is earlier. The California subarea
allocation was estimated to have been taken on August 7, 2022, and
therefore the fishery closed. Closure of the California subarea was
announced by the IPHC on August 5, 2022.
Inseason Action
Oregon Central Coast Subarea
Description of the action: This inseason action implements
additional dates for summer all-depth fishing in the Oregon Central
Coast subarea, and increases the daily bag limit from one to two fish
for the Oregon Central and Southern Coast subareas during the 2022
recreational fishery.
Reason for the action: The purpose of this inseason action is to
provide additional opportunity for anglers in the Oregon Central Coast
subarea by setting open season dates 7 days per week beginning
September 1 through October 31. The fishery is currently scheduled to
be open every Thursday through Saturday starting August 4. This action
also allows for additional opportunity for anglers to retain up to two
Pacific halibut per person per day in the Oregon Central and Southern
Coast subareas beginning September 1. NMFS has determined that these
additional dates and increased bag limit are warranted due to lower
than expected landings through August 2022, and the expectation that a
substantial amount of subarea allocation will go unharvested without
additional fishing dates. As of August 10, anglers in the Oregon
Central Coast subarea have harvested 129,155 lb (58.58 mt) of the
269,782 lb (122.37 mt) allocation (48 percent), leaving 140,627 lb
(63.79 mt) remaining (52 percent of the subarea allocation). This is a
result of poor weather and ocean conditions preventing anglers from
safely participating in the recreational fishery off the coast of
Oregon. After 163,231 lb (74.04 mt) of the subarea allocation went
unharvested in 2021, NMFS included more season days in 2022 compared to
2021. NMFS previously published an inseason action on August 5, 2022
(87 FR 47944) to add additional fishing dates in this subarea. However,
catch information to date shows that even with the increased fishing
dates provided for in the final rule and inseason action, participants
in the fishery are unlikely to harvest the full subarea allocation.
Without the additional fishing days and increased bag limit in this
action, there is likely to be substantial unharvested allocation in
this subarea.
Notice of these additional dates will also be announced on the NMFS
hotline at 206-526-6667 or 800-662-9825.
[[Page 52353]]
California Subarea
Description of the action: This inseason action provides notice of
closure for the recreational fishery in the California subarea,
effective Sunday, August 7 at 11:59 p.m..
Reason for the action: On August 3, 2022, NMFS received catch
information indicating that the catch amount for the recreational
Pacific halibut fishery off of California was projected to be 35,553 lb
(16.13 mt); out of an allocation of 38,740 lb (17.57 mt), with 3,187 lb
(1.45 mt) remaining. Weekly catch amounts have averaged 4,013 lb (1.82
mt) in 2022, which includes an outlying week of high catch. When this
week is removed, the average catch per week is 3,247 lb (1.47 mt).
Therefore, NMFS estimated that the subarea allocation would be attained
by August 7, 2022, triggering the closure of the fishery. IPHC issued a
media release on August 5, 2022, notifying the public of the closure on
August 7. This inseason is providing notice that the recreational
fishery off of the California coast is closed.
Weekly catch monitoring reports for the recreational fisheries in
Washington, Oregon, and California are available on their respective
state Fish and Wildlife agency websites. NMFS and the IPHC 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, and the area is closed by the IPHC, or
the season closes for Oregon on October 31, whichever is earlier.
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), 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. ODFW provided updated landings data to NMFS on August 4,
2022, showing that the fishery participants in the recreational fishery
off of the Oregon Central Coast had only caught 47 percent of the
subarea allocation. NMFS uses fishing rates from previous years to
determine the number of recreational fishing dates needed to attain
subarea allocations. The level of attainment of the allocation for 2022
is substantially lower than anticipated when the 2022 final rule
setting the 2022 recreational fishery season dates was developed. This
action should be implemented as soon as possible to allow fishery
participants to take advantage of the additional fishing dates prior to
the end of the season. As the fishery in Oregon closes on October 31,
2022, 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, a
significant portion of the Oregon subarea allocations are unlikely to
be harvested, limiting economic benefits to the participants and not
meeting the goals of the Catch Sharing Plan and the 2022 management
measures. It is necessary that this rulemaking be implemented in a
timely manner so that planning for these new fishing days 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 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)(4)(ii). 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 Catch Sharing
Plan and current management measures, as well as potentially limit the
economic opportunity intended by this rule to the associated fishing
communities. NMFS 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 subarea. NMFS recently received information on the
progress of landings in the recreational fisheries in the Oregon
subarea, indicating additional dates and an increased bag limit should
be added to the fishery to ensure optimal and sustainable harvest of
the subarea allocation. 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.
Dated: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18390 Filed 8-23-22; 4:15 pm]
BILLING CODE 3510-22-P
