Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing Plan; Inseason Action, 59673-59676 [2024-16151]
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
editorial change to the associated
regulations. The purpose of the
administrative rulemaking is to cease
the requirement for acquisition teams to
use a prescribed form to document
justifications for other than full and
open competition under the Federal
Acquisition Regulation (FAR) and to
make an editorial change to the
regulatory text to correct a reference to
Department legal review procedures by
replacing the word ‘‘concurrence’’ with
the word ‘‘review.’’ Contracting Officers
will be required to comply with the
content requirements set forth in the
FAR when documenting their
determinations.
DATES:
Effective: August 22, 2024.
For
clarification of content, contact Mr.
Todd Hill, Procurement Analyst, at 240–
490–1044, or by email at thill1@doc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
Commerce is issuing this final rule to
discontinue use of Form CD–492,
Justification for Other Than Full and
Open Competition. The purpose of the
administrative rulemaking is to cease
the requirement for acquisition teams to
use a prescribed form to document
justifications for other than full and
open competition under the Federal
Acquisition Regulation (FAR) in 48 CFR
part 6. The CD–492 was originally
developed to provide consistency across
Commerce when documenting the
approval or disapproval of justifications
for other than full and open competition
within a hardcopy contract file.
Commerce has fully transitioned to
electronic contract files and the static
form is no longer considered the most
efficient method of documenting the
approval or disapproval of such a
justification. Contracting Officers will
be required to comply with the content
requirements set forth in FAR 6.303–2
when documenting their
determinations. Commerce has also
determined that an editorial change is
necessary to better align with internal
Commerce processes, therefore,
Commerce will also make an editorial
change to the last sentence of section
1306.303–70 to correct a reference to
Department legal review procedures by
replacing the word ‘‘concurrence’’ with
the word ‘‘review.’’
Classification
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
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This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Commerce determined that this rule
qualifies for exemption from the
Administrative Procedure Act’s (APA)
requirement for a public notice and
comment period, and that it may
therefore proceed directly to the final
rule stage. Under 5 U.S.C. 553(b)(A),
rulemakings that are rules of agency
organization, procedure, or practice are
exempt from providing the public with
a notice and comment period. This rule
only removes the requirement for
acquisition teams to use Form CD–492.
Therefore, this rule qualifies for the
exemption and no public notice and
comment period is required.
Additionally, Commerce finds good
cause to waive the notice and public
comment period for this rule because
the effect of the rule does not place any
burden on the public or require the
public to undertake or cease any
particular action. Oppositely, this
rulemaking only removes the
requirement for acquisition teams to use
Form CD–492. Therefore, a public
notice and comment period would be
unnecessary and qualifies for waiver
under the APA (see 5 U.S.C. 553(b)(B)).
List of Subjects
48 CFR Part 1306
Government procurement.
48 CFR Part 1353
Government procurement, Reporting
and recordkeeping requirements.
Therefore, in accordance with 41
U.S.C. 414 and 48 CFR 1.301 through
1.304, the Department of Commerce
amends 48 CFR parts 1306 and 1353 as
follows:
PART 1306—COMPETITION
REQUIREMENTS
1. The authority citation for part 1306
continues to read as follows:
■
Authority: 41 U.S.C. 414; 48 CFR 1.301–
1.304.
2. Revise section 1306.303–70 to read
as follows:
■
1306.303–70 Documentation and legal
review of justifications.
The justification for providing for
other than full and open competition in
accordance with FAR 6.303–2 shall
contain sufficient facts and rationale to
justify the use of the authority cited and
include all of the content set forth in
FAR 6.303–2 as appropriate for the cited
authority. If the estimated value of the
procurement is over legal review
thresholds, review by the Procurement
Counsel is required.
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59673
PART 1353—FORMS
3. The authority citation for part 1353
continues to read as follows:
■
Authority: 41 U.S.C. 414; 48 CFR 1.301–
1.304.
1353.206
■
[Removed]
4. Remove section 1353.206.
Olivia J. Bradley,
Senior Procurement Executive and Director
for Acquisition Management.
[FR Doc. 2024–16181 Filed 7–22–24; 8:45 am]
BILLING CODE P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
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,
SUMMARY:
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
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.federal
register.gov/. Background information
and documents are available at the
NOAA Fisheries website at https://
www.fisheries.noaa.gov/action/2024pacific-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: melissa.mandrup@
noaa.gov.
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
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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 reopened 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
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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
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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
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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
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59675
(30.2 mt). Based on an average of 12,571
lb landed per week in the spring alldepth 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 alldepth 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.
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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)(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
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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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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 300 and 660
[Docket No. 240716–0196]
RIN 0648–BN09
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States; Tribal
Usual and Accustomed Fishing Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
the order in United States v.
Washington that sets forth updated
boundaries of the usual and accustomed
(U&A) fishing areas of the Hoh Indian
Tribe in the Pacific Ocean.
DATES: This final rule is effective July
23, 2024.
ADDRESSES:
Electronic Access—Information
relevant to this final rule is accessible
via the internet at the NMFS West Coast
Region website at: https://www.fisheries.
noaa.gov/west-coast.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, phone: 206–526–6140,
or email: megan.mackey@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Regulations at 50 CFR 660.4 describe
the U&A fishing areas of Indian Tribes
with treaty fishing rights to species
managed under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the
Northern Pacific Halibut Act of 1982
(Halibut Act, 16 U.S.C. 773c). Those
regulations explain that the boundaries
of a Tribe’s fishing area may be revised
as ordered by a Federal court. 50 CFR
660.4(a) and 50 CFR 300.64(i).
Court Order
On November 16, 2023, the United
States District Court for the Western
District of Washington issued an order
setting forth updated boundaries of the
U&A fishing area of the Hoh Indian
Tribe in the Pacific Ocean, based on a
stipulation between the parties. United
States v. Washington, C70–9213 RSM
(W.D. Wash. Nov. 16, 2023) (Stipulation
and Order Regarding Boundaries of Hoh
Indian Tribe U&A). This action adjusts
the boundary regulations at 50 CFR
660.4(a)(3) for fisheries managed under
the Magnuson-Stevens Act and the
regulations at 50 CFR 300.64(i) for
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[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,
[[Page 59674]]
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]
BILLING CODE 3510-22-P
