Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing Plan; Inseason Action, 77033-77035 [2024-21517]
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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Rules and Regulations
reasonable opportunity to harvest highly
migratory species allocations and quotas
under relevant international fishery
agreements such as the International
Convention for the Conservation of
Atlantic Tunas.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
635 as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.27, revise paragraph (e)(1)
to read as follows:
■
Quotas.
*
*
*
*
(e) * * *
(1) Annual quota. Consistent with
ICCAT recommendations, the ICCAT
northern albacore management
procedure, and domestic management
objectives, the baseline annual quota,
before any adjustments, is 889.4 mt. The
total quota, after any adjustments made
per paragraph (e)(2) of this section, is
the fishing year’s total amount of
northern albacore tuna that may be
landed by persons and vessels subject to
U.S. jurisdiction.
*
*
*
*
*
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[FR Doc. 2024–21507 Filed 9–19–24; 8:45 am]
BILLING CODE 3510–22–P
15:52 Sep 19, 2024
50 CFR Part 660
[Docket No. 240327–0090; RTID 0648–
XE271]
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 Pacific halibut
recreational fishery in the International
Pacific Halibut Commission’s (IPHC)
regulatory Area 2A off Washington,
Oregon, and California. Specifically,
this action transfers 12,000 pounds (lb;
5.4 metric tons (mt)) of the Area 2A
Pacific halibut recreational allocation,
in net pounds, from the Oregon
recreational fishery to the Washington
recreational fishery. This action is
intended to provide opportunity for
anglers to achieve the total Area 2A
recreational fishery allocation.
DATES:
Effective: September 20, 2024,
through December 31, 2024.
Comments due date: Comments will
be accepted on or before October 7,
2024.
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,
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
ADDRESSES:
*
VerDate Sep<11>2014
National Oceanic and Atmospheric
Administration
SUMMARY:
Dated: September 16, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 635.27
DEPARTMENT OF COMMERCE
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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-halibutrecreational-fishery and at the Pacific
Fishery Management 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 Pacific Fishery
Management Council’s (Council) 2024
CSP 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 lb (666.8 mt) set
by the IPHC. The Area 2A catch limit
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 final rule published on
April 3, 2024 (89 FR 22966), established
50 CFR 300.63(c)(6)(i)(F), which allows
NMFS to transfer portions of state
recreation allocations inseason to
another state under certain
circumstances (e.g., if a state is
projected to not utilize its respective
recreational allocation by the end of the
fishing season and another state could
utilize additional pounds to avoid
closing a fishing season early).
NMFS has determined that, due to
lower than expected landings through
September 5, 2024, and projected
catches for the remainder of the season
off Oregon (October 31), Oregon is
projected to not utilize its full
recreational allocation by the end of the
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Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Rules and Regulations
fishing season. Therefore, inseason
action to transfer a portion of the
Oregon recreational fishery allocation to
another state is warranted at this time to
provide additional opportunity for
fishery participants to achieve the total
Area 2A fishery allocations. As stated
above, inseason transfers of a portion of
state recreational allocations to another
state are authorized by Federal
regulations at 50 CFR 300.63(c)(6)(i)(F)
and the final rule (89 FR 22966, April
3, 2024).
Catch projections as of September 5,
2024, indicate that Washington is likely
to reach their statewide recreational
fishery allocation before their season
closure date (September 30), and
California is projected to stay within
their State recreation allocation through
their season closure dates (November 15
for the Northern California subarea and
December 31 for the South of Point
Arena subarea). After consulting with
Council staff, the Washington
Department of Fish and Wildlife
(WDFW), the Oregon Department of
Fish and Wildlife (ODFW), and the
California Department of Fish and
Wildlife, it was determined that
inseason action transferring a portion of
Oregon’s recreational allocation to
Washington is necessary in order to
allow the Area 2A allocation objectives
to be met, by providing anglers
additional opportunity to achieve the
coastwide recreational allocation, with
little risk of that allocation being
exceeded. Additionally, this action is
necessary to meet the management
objectives of the 2024 CSP and is
consistent with the inseason
management provisions allowing the
transfer of portions of a state’s
recreational allocations to another state.
California is, at this time, unlikely to
use any additional net pounds in
recreational Pacific halibut allocation.
Catch monitoring reports for the
recreational fisheries in Washington,
Oregon, and California are available on
their respective State Fish and Wildlife
agency websites. NMFS will continue to
monitor recreational catch obtained via
state sampling procedures. The
recreational fisheries will close on
September 30 in Washington, October
31 in Oregon, and November 15 or
December 31 in California, or when
there is not sufficient allocation for
another full day of fishing in each State
(or relevant area within California).
Should future catch projections indicate
that there are additional unused pounds
in the Area 2A recreational allocation
available to transfer from one state to
another, and that there is a need for
such a transfer to allow an area to
remain open for its full fishing season,
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15:52 Sep 19, 2024
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then NMFS may take future inseason
action to reallocate that unused
allocation. 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.
Pacific Halibut Reallocation
For 2024, the Area 2A Pacific halibut
CSP allocated 290,158 lb (131.6 mt) to
the Washington recreational fishery,
283,784 lb (128.7 mt) to the Oregon
recreational fishery, and 38,220 lb (17.3
mt) to the California recreational
fishery. The best available information
on September 5, 2024, indicated that the
Oregon recreational fishery would not
harvest their full allocation by the end
of their season (October 31); the
Washington recreational fishery is
projected to reach their allocation prior
to the end of their season (September
30) and would need 12,000 lb (5.4 mt)
to remain open until September 30; and
the California recreational fishery is
projected to stay within their allocation
through the end of their respective
seasons (November 15 and December
31).
To allow for increased utilization of
the resource, with this inseason action,
NMFS will transfer 12,000 lb (net
weight, [5.4 mt]) of Pacific halibut from
the Oregon recreational fishery
allocation to the Washington
recreational fishery allocation to allow
the fishery to remain open through
September 30. At this time, NMFS has
determined that the California
recreational subarea will not receive
additional pounds through this action as
the fishery is not projected to exceed
their allocation before or by the end of
their seasons on November 15 and
December 31. Reallocating 12,000 lb (5.4
mt) to the Washington recreational
fishery is expected to allow for greater
attainment of the total Area 2A
recreational allocation while not
limiting recreational harvest
opportunities off Oregon for the
remainder of the season. Should future
catch projections indicate there are
additional pounds available to transfer
from one state to another, NMFS may
take future inseason action to reallocate
that unused allocation.
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
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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
September 6, 2024, showing that
through September 2, approximately 93
percent of the State fishery allocation
has been attained and the fishery is
projected to need 12,000 lb (5.4 mt) to
remain open through the end of their
season (September 30). Also, on
September 6, 2024, ODFW provided
updated landings data to NMFS,
showing that through September 2,
approximately 70 percent of the state
fishery allocation has been attained and
the fishery is projected to end their
season (October 31) without fully
attaining their state fishery allocation.
NMFS uses fishing rates from previous
years to project attainment through the
end of current fishing seasons. With the
lower than expected catch rates in the
Oregon recreational fishery, the transfer
of a portion of the Oregon State
allocation to the Washington State
allocation allows for the Area 2A
management objectives to be met by
providing anglers additional
opportunity to achieve the coastwide
recreational allocation with little risk of
that allocation being exceeded. It is
necessary that this rule be implemented
in a timely manner both to allow the
Washington State fishery access to the
additional unused allocation without
delay in order to remain open through
the end of the season (September 30),
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. Without an allocation transfer to
the Washington recreational fishery,
coastwide allocations in Area 2A are
unlikely to be harvested, thus limiting
the economic benefits to the fishery
participants and obstructing the goals of
the 2024 CSP. Additionally, this action
does not alter public expectations in
that recreational Pacific halibut fishing
in Oregon and Washington is projected
to continue until the last prescribed
fishing date for each State. 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
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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 CSP,
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 total Area 2A
recreational fishery allocation. NMFS
regulations allow the Regional
Administrator to modify state
recreational allocations, including a
transfer in recreational allocation from
one state to another; provided that the
action allows allocation objectives to be
met and will not result in exceeding the
catch limit for Area 2A. NMFS received
information on the progress of landings
in the recreational fisheries in Area 2A
on September 6, 2024, indicating that
modifying the State recreational fishery
allocations for Oregon and Washington
should be implemented to ensure
optimal harvest in the recreational
fisheries in Area 2A. As stated above, it
is in the public interest that this action
is not delayed, because a delay in the
effectiveness would obstruct the ability
for the allocation objectives of the
recreational Pacific halibut fishery to be
met.
Authority: 16 U.S.C. 773–773k.
Dated: September 12, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–21517 Filed 9–17–24; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket Number: 240916–0239]
RIN 0648–BN21
Fisheries of the Exclusive Economic
Zone Off Alaska; Amendment 80
Sector Annual BSAI Pacific Halibut
PSC Limits; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
On November 24, 2023,
NMFS published a final rule to
implement amendment 123 to the
Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and
Aleutian Islands (BSAI) Management
Area (BSAI FMP). The final rule
included a formatting error in table 58
that caused the column headings to be
incorrectly aligned with the column
contents in the table. This correction
fixes the error.
DATES: Effective on September 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Alicia M. Miller, 907–586–7228.
SUPPLEMENTARY INFORMATION: On
November 24, 2023, NMFS published a
final rule to implement amendment 123
to the BSAI FMP (88 FR 82740). That
final rule added table 58 to part 679
(Amendment 80 Sector Annual BSAI
Pacific Halibut Prohibited Species Catch
(PSC) Limits) to establish the
International Pacific Halibut
Commission (IPHC) index and the
NMFS Eastern Bering Sea (EBS) index
ranges in a table with the corresponding
PSC limit at the intercepts of each index
range. The final rule included an error
in the formatting of table 58 to part 679
that caused the column headings to be
incorrectly aligned with the column
contents. This correction fixes the error.
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment because it would be
unnecessary and contrary to the public
interest. This correcting amendment
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corrects the formatting of table 58 to
part 679 as depicted in the Federal
Register and does not substantively
change the contents of the table. The
public was provided prior notice and
comment on the proposed table as well
as all supporting documents, which
included the correctly formatted table
with the column headings properly
aligning with the column contents in
table 58 to part 679. Therefore,
providing prior notice and opportunity
for public comment on this correction is
unnecessary and contrary to the public
interest because this is a nonsubstantive change and retaining the
incorrect formatted table may cause
confusion.
For the reasons stated above, the
Assistant Administrator also finds good
cause, pursuant to 5 U.S.C. 553(d), to
waive the 30-day delay in effective date
for this correcting amendment (i.e., it is
unnecessary and contrary to the public
interest since it is a non-substantive
change, the public was provided prior
notice and comment on the correctly
formatted proposed table 58 to part
679).
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule has been found to be
not significant pursuant to E.O. 12866.
List of Subjects for 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: September 16, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS corrects 50 CFR part
679 by making the following correcting
amendment:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
2. Revise table 58 to part 679 to read
as follows:
■
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]]>Agencies
[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77033-77035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21517]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240327-0090; RTID 0648-XE271]
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.
-----------------------------------------------------------------------
SUMMARY: NMFS announces inseason action for the Pacific halibut
recreational fishery in the International Pacific Halibut Commission's
(IPHC) regulatory Area 2A off Washington, Oregon, and California.
Specifically, this action transfers 12,000 pounds (lb; 5.4 metric tons
(mt)) of the Area 2A Pacific halibut recreational allocation, in net
pounds, from the Oregon recreational fishery to the Washington
recreational fishery. This action is intended to provide opportunity
for anglers to achieve the total Area 2A recreational fishery
allocation.
DATES:
Effective: September 20, 2024, through December 31, 2024.
Comments due date: Comments will be accepted on or before October
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, 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 Pacific Fishery
Management 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 Pacific Fishery Management Council's (Council) 2024 CSP
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 lb (666.8 mt) set by the IPHC. The Area 2A catch limit 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 final rule
published on April 3, 2024 (89 FR 22966), established 50 CFR
300.63(c)(6)(i)(F), which allows NMFS to transfer portions of state
recreation allocations inseason to another state under certain
circumstances (e.g., if a state is projected to not utilize its
respective recreational allocation by the end of the fishing season and
another state could utilize additional pounds to avoid closing a
fishing season early).
NMFS has determined that, due to lower than expected landings
through September 5, 2024, and projected catches for the remainder of
the season off Oregon (October 31), Oregon is projected to not utilize
its full recreational allocation by the end of the
[[Page 77034]]
fishing season. Therefore, inseason action to transfer a portion of the
Oregon recreational fishery allocation to another state is warranted at
this time to provide additional opportunity for fishery participants to
achieve the total Area 2A fishery allocations. As stated above,
inseason transfers of a portion of state recreational allocations to
another state are authorized by Federal regulations at 50 CFR
300.63(c)(6)(i)(F) and the final rule (89 FR 22966, April 3, 2024).
Catch projections as of September 5, 2024, indicate that Washington
is likely to reach their statewide recreational fishery allocation
before their season closure date (September 30), and California is
projected to stay within their State recreation allocation through
their season closure dates (November 15 for the Northern California
subarea and December 31 for the South of Point Arena subarea). After
consulting with Council staff, the Washington Department of Fish and
Wildlife (WDFW), the Oregon Department of Fish and Wildlife (ODFW), and
the California Department of Fish and Wildlife, it was determined that
inseason action transferring a portion of Oregon's recreational
allocation to Washington is necessary in order to allow the Area 2A
allocation objectives to be met, by providing anglers additional
opportunity to achieve the coastwide recreational allocation, with
little risk of that allocation being exceeded. Additionally, this
action is necessary to meet the management objectives of the 2024 CSP
and is consistent with the inseason management provisions allowing the
transfer of portions of a state's recreational allocations to another
state. California is, at this time, unlikely to use any additional net
pounds in recreational Pacific halibut allocation.
Catch monitoring reports for the recreational fisheries in
Washington, Oregon, and California are available on their respective
State Fish and Wildlife agency websites. NMFS will continue to monitor
recreational catch obtained via state sampling procedures. The
recreational fisheries will close on September 30 in Washington,
October 31 in Oregon, and November 15 or December 31 in California, or
when there is not sufficient allocation for another full day of fishing
in each State (or relevant area within California). Should future catch
projections indicate that there are additional unused pounds in the
Area 2A recreational allocation available to transfer from one state to
another, and that there is a need for such a transfer to allow an area
to remain open for its full fishing season, then NMFS may take future
inseason action to reallocate that unused allocation. 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.
Pacific Halibut Reallocation
For 2024, the Area 2A Pacific halibut CSP allocated 290,158 lb
(131.6 mt) to the Washington recreational fishery, 283,784 lb (128.7
mt) to the Oregon recreational fishery, and 38,220 lb (17.3 mt) to the
California recreational fishery. The best available information on
September 5, 2024, indicated that the Oregon recreational fishery would
not harvest their full allocation by the end of their season (October
31); the Washington recreational fishery is projected to reach their
allocation prior to the end of their season (September 30) and would
need 12,000 lb (5.4 mt) to remain open until September 30; and the
California recreational fishery is projected to stay within their
allocation through the end of their respective seasons (November 15 and
December 31).
To allow for increased utilization of the resource, with this
inseason action, NMFS will transfer 12,000 lb (net weight, [5.4 mt]) of
Pacific halibut from the Oregon recreational fishery allocation to the
Washington recreational fishery allocation to allow the fishery to
remain open through September 30. At this time, NMFS has determined
that the California recreational subarea will not receive additional
pounds through this action as the fishery is not projected to exceed
their allocation before or by the end of their seasons on November 15
and December 31. Reallocating 12,000 lb (5.4 mt) to the Washington
recreational fishery is expected to allow for greater attainment of the
total Area 2A recreational allocation while not limiting recreational
harvest opportunities off Oregon for the remainder of the season.
Should future catch projections indicate there are additional pounds
available to transfer from one state to another, NMFS may take future
inseason action to reallocate that unused allocation.
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 September 6,
2024, showing that through September 2, approximately 93 percent of the
State fishery allocation has been attained and the fishery is projected
to need 12,000 lb (5.4 mt) to remain open through the end of their
season (September 30). Also, on September 6, 2024, ODFW provided
updated landings data to NMFS, showing that through September 2,
approximately 70 percent of the state fishery allocation has been
attained and the fishery is projected to end their season (October 31)
without fully attaining their state fishery allocation. NMFS uses
fishing rates from previous years to project attainment through the end
of current fishing seasons. With the lower than expected catch rates in
the Oregon recreational fishery, the transfer of a portion of the
Oregon State allocation to the Washington State allocation allows for
the Area 2A management objectives to be met by providing anglers
additional opportunity to achieve the coastwide recreational allocation
with little risk of that allocation being exceeded. It is necessary
that this rule be implemented in a timely manner both to allow the
Washington State fishery access to the additional unused allocation
without delay in order to remain open through the end of the season
(September 30), 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. Without an allocation transfer to the
Washington recreational fishery, coastwide allocations in Area 2A are
unlikely to be harvested, thus limiting the economic benefits to the
fishery participants and obstructing the goals of the 2024 CSP.
Additionally, this action does not alter public expectations in that
recreational Pacific halibut fishing in Oregon and Washington is
projected to continue until the last prescribed fishing date for each
State. 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
[[Page 77035]]
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 CSP, 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 total Area 2A recreational fishery allocation.
NMFS regulations allow the Regional Administrator to modify state
recreational allocations, including a transfer in recreational
allocation from one state to another; provided that the action allows
allocation objectives to be met and will not result in exceeding the
catch limit for Area 2A. NMFS received information on the progress of
landings in the recreational fisheries in Area 2A on September 6, 2024,
indicating that modifying the State recreational fishery allocations
for Oregon and Washington should be implemented to ensure optimal
harvest in the recreational fisheries in Area 2A. As stated above, it
is in the public interest that this action is not delayed, because a
delay in the effectiveness would obstruct the ability for the
allocation objectives of the recreational Pacific halibut fishery to be
met.
Authority: 16 U.S.C. 773-773k.
Dated: September 12, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-21517 Filed 9-17-24; 4:15 pm]
BILLING CODE 3510-22-P
