Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan; Automatic Action, 53383 [2023-16958]
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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
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[FR Doc. 2023–16892 Filed 8–7–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 230331–0089; RTID 0648–
XD229]
Pacific Halibut Fisheries of the West
Coast; 2023 Catch Sharing Plan;
Automatic Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces closure of
the Pacific halibut recreational fishery
in the California Coast subarea of the
International Pacific Halibut
Commission’s regulatory Area 2A. The
California Coast subarea will close on
August 4, 2023 at 11:59 p.m. This action
is intended to conserve Pacific halibut.
DATES: Effective August 4, 2023, at 11:59
p.m., through November 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Heather Fitch, 360–320–6549,
heather.fitch@noaa.gov.
SUPPLEMENTARY INFORMATION: On April
11, 2023, NMFS published a final rule
approving changes to the Pacific halibut
Area 2A Catch Sharing Plan and
implementing recreational (sport)
management measures for the 2023 Area
2A recreational fisheries (88 FR 21503),
as authorized by the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773–
773(k)). The Pacific Fishery
Management Council (Council) 2023
Catch Sharing Plan provides a
recommended framework for NMFS’
annual management measures and
subarea allocations based on the 2023
Area 2A Pacific halibut catch limit of
1,520,000 pounds (lb) (689 metric tons
(mt)) set by the International Pacific
Halibut Commission (IPHC). The Area
2A catch limit and recreational fishery
allocations were adopted by the IPHC
and were published in the Federal
Register on March 7, 2023 (88 FR
14066) after acceptance by the Secretary
of State, with concurrence from the
Secretary of Commerce, in accordance
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:06 Aug 07, 2023
Jkt 259001
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)(3) state that once NMFS
has determined an area or subarea has
attained or is projected to attain its area
or subarea allocation, NMFS will take
automatic action to close the fishery and
that such closures will be determined
without prior notice or opportunity to
comment.
The final rule (88 FR 21503, April 11,
2023) opened the California Coast
subarea 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 Coast subarea allocation
is projected to be attained on August 4,
2023; therefore, the subarea will close
on that date. Notice of the subarea
closure will also be announced on the
NMFS hotline at 206–526–6667 or 800–
662–9825.
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
catches in open subareas 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 on September 30 in
Washington and the Columbia River
subarea or October 31 in Oregon,
whichever is earlier.
Automatic Action
Description of the action: This
automatic action provides notice of
closure for the recreational fishery in
the California Coast subarea, effective
Friday, August 4, 2023 at 11:59 p.m.
Reason for the action: The purpose of
this action is to close the California
Coast subarea to avoid exceeding the
subarea allocation. As of July 31, anglers
in the subarea have harvested 37,429 lb
(16.98 mt) from an allocation of 39,520
lb (17.93 mt), leaving 2,091 lb (0.95 mt)
remaining. Weekly catch amounts have
averaged 2,674 lb (1.21 mt). Therefore,
NMFS estimates that the subarea
allocation will be attained by August 4,
2023, and the subarea is therefore closed
on that date.
Classification
NMFS issues this action pursuant to
the Northern Pacific Halibut Act of
PO 00000
Frm 00033
Fmt 4700
Sfmt 9990
53383
1982. This action is taken under the
regulatory authority at 50 CFR
300.63(c)(3), 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. The California
Department of Fish and Wildlife
provided updated landings data to
NMFS on July 31, 2023, showing that
through this date, fishery participants in
the recreational fishery off of California
had caught 95 percent of the California
Coast subarea allocation. NMFS uses
weekly catch rates to project when
subarea allocations will be attained.
This action should be implemented as
soon as possible to provide sufficient
notice to fishery participants of the
subarea closure date. As this action
closes the subarea on August 4, 2023,
implementing this action through
proposed and final rulemaking would
risk exceeding the subarea allocation.
Implementation of this rulemaking in a
timely manner is necessary so that
planning for the subarea closure 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. No aspect of
this action is controversial, and actions
of this nature were anticipated in
regulations at 50 CFR 300.63(c)(3).
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 August 4, 2023, as a delay in
effectiveness of this action would risk
exceeding the subarea allocation.
Authority: 16 U.S.C. 773–773k.
Dated: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–16958 Filed 8–3–23; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Page 53383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16958]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230331-0089; RTID 0648-XD229]
Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing
Plan; Automatic Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces closure of the Pacific halibut recreational
fishery in the California Coast subarea of the International Pacific
Halibut Commission's regulatory Area 2A. The California Coast subarea
will close on August 4, 2023 at 11:59 p.m. This action is intended to
conserve Pacific halibut.
DATES: Effective August 4, 2023, at 11:59 p.m., through November 15,
2023.
FOR FURTHER INFORMATION CONTACT: Heather Fitch, 360-320-6549,
[email protected].
SUPPLEMENTARY INFORMATION: On April 11, 2023, NMFS published a final
rule approving changes to the Pacific halibut Area 2A Catch Sharing
Plan and implementing recreational (sport) management measures for the
2023 Area 2A recreational fisheries (88 FR 21503), as authorized by the
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773(k)). The
Pacific Fishery Management Council (Council) 2023 Catch Sharing Plan
provides a recommended framework for NMFS' annual management measures
and subarea allocations based on the 2023 Area 2A Pacific halibut catch
limit of 1,520,000 pounds (lb) (689 metric tons (mt)) set by the
International Pacific Halibut Commission (IPHC). The Area 2A catch
limit and recreational fishery allocations were adopted by the IPHC and
were published in the Federal Register on March 7, 2023 (88 FR 14066)
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)(3) state that once NMFS has determined an area or subarea
has attained or is projected to attain its area or subarea allocation,
NMFS will take automatic action to close the fishery and that such
closures will be determined without prior notice or opportunity to
comment.
The final rule (88 FR 21503, April 11, 2023) opened the California
Coast subarea 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 Coast subarea allocation
is projected to be attained on August 4, 2023; therefore, the subarea
will close on that date. Notice of the subarea closure will also be
announced on the NMFS hotline at 206-526-6667 or 800-662-9825.
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 catches in open subareas 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 on September 30 in Washington and the
Columbia River subarea or October 31 in Oregon, whichever is earlier.
Automatic Action
Description of the action: This automatic action provides notice of
closure for the recreational fishery in the California Coast subarea,
effective Friday, August 4, 2023 at 11:59 p.m.
Reason for the action: The purpose of this action is to close the
California Coast subarea to avoid exceeding the subarea allocation. As
of July 31, anglers in the subarea have harvested 37,429 lb (16.98 mt)
from an allocation of 39,520 lb (17.93 mt), leaving 2,091 lb (0.95 mt)
remaining. Weekly catch amounts have averaged 2,674 lb (1.21 mt).
Therefore, NMFS estimates that the subarea allocation will be attained
by August 4, 2023, and the subarea is therefore closed on that date.
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)(3), 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. The California Department of Fish and Wildlife provided
updated landings data to NMFS on July 31, 2023, showing that through
this date, fishery participants in the recreational fishery off of
California had caught 95 percent of the California Coast subarea
allocation. NMFS uses weekly catch rates to project when subarea
allocations will be attained. This action should be implemented as soon
as possible to provide sufficient notice to fishery participants of the
subarea closure date. As this action closes the subarea on August 4,
2023, implementing this action through proposed and final rulemaking
would risk exceeding the subarea allocation. Implementation of this
rulemaking in a timely manner is necessary so that planning for the
subarea closure 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. No aspect of this action
is controversial, and actions of this nature were anticipated in
regulations at 50 CFR 300.63(c)(3).
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 August 4, 2023, as a delay in effectiveness of
this action would risk exceeding the subarea allocation.
Authority: 16 U.S.C. 773-773k.
Dated: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-16958 Filed 8-3-23; 4:15 pm]
BILLING CODE 3510-22-P