[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60833-60834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16600]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240506-0128; RTID 0648-XE093]
Pacific Halibut Fisheries of the West Coast; Inseason Action for
the 2024 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
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SUMMARY: NMFS announces inseason action for the 2024 Pacific halibut
non-
[[Page 60834]]
Tribal directed commercial fishery in the International Pacific Halibut
Commission's (IPHC) regulatory Area 2A. This action adds a fishing
period, August 6 through August 8, 2024, with a fishing period catch
limit of 1,000 pounds (0.45 metric tons (mt)) per vessel, dressed
weight. This action is intended to provide opportunity to achieve the
2024 non-tribal directed commercial fishery allocation.
DATES: Effective date: August 6, 2024 through December 7, 2024.
FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region,
NMFS, (360) 320-6549, [email protected].
SUPPLEMENTARY INFORMATION: On May 10, 2024, NMFS published a final rule
implementing fishing periods (i.e., season dates) and fishing period
limits (i.e., catch limits), by vessel size class, for the IPHC Area 2A
Pacific halibut non-tribal directed commercial fishery that operates
south of Point Chehalis, WA (lat. 46[deg]53.30' N) (89 FR 40417). The
Area 2A non-Tribal directed commercial fishery allocation is 249,338
pounds (113 mt), net weight (i.e., the weight of Pacific halibut that
is without gills and entrails, head-off, washed, and without ice and
slime) (89 FR 19275, March 18, 2024).
The initial fishing periods occurred on June 25-27 and July 9-11,
2024, with fishing period limits ranging from 1,800 pounds to 4,500
pounds (0.816 mt to 2.041 mt), varied by vessel size class. Landings
information to date indicates that sufficient allocation remains to
warrant an additional fishing period. Approximately 182,778 pounds
(82.9 mt), net weight, have been harvested of the 249,338-pound (113
mt) allocation (73 percent), leaving 66,560 pounds (30.2 mt) remaining
(27 percent).
NMFS is adopting an additional fishing period not previously
implemented in the final rule on May 10, 2024 (89 FR 40417), in
accordance with 50 CFR 300.63(e)(1)(iii). Fishing period limits
implemented through inseason action are equal across vessel size
classes and are based on the allocation estimated to be remaining and
the projected participation and catch rates in this additional fishing
period.
NMFS has determined the following inseason action is necessary to
meet the management objective of attaining the allocation, is not
anticipated to risk exceeding the allocation, and is consistent with
the inseason management provisions allowing for additional fishing
periods.
Inseason Action
This inseason action implements an additional fishing period,
beginning August 6, 2024 at 8 a.m. and ending on August 8, 2024 at 6
p.m. This inseason action also implements a fishing period catch limit
of 1,000 pounds (0.45 mt) per vessel, dressed weight (head-on, with ice
and slime), for all vessel size classes.
Notice of this additional fishing period and fishing period limit
will also be announced on the NMFS hotline at 206-526-6667 or 800-662-
9825.
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(e)(1)(iii), and is exempt from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(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, Oregon, and Washington Departments of Fish and Wildlife
provided estimated harvest data to NMFS inseason. As of July 18, 2024,
the Area 2A non-Tribal directed commercial fishery had caught only an
estimated 73 percent of the fishery allocation. NMFS uses current
fishery harvest and participation estimates, and fishing period catches
from prior years, to determine if additional fishing periods are
necessary to reach the allocation, and to set fishing period limits for
those additional fishing periods. Given that harvest in the first two
fishing periods is estimated to be well below the allocation, a third
fishing period is considered necessary to maximize commercial fishing
opportunity to attain the allocation. This action should be implemented
as soon as possible for fishery participants to plan for the additional
fishing. This fishery has historically had 2 weeks between fishing
periods, or as close to 2 weeks between them as is practicable. In
2023, NMFS added a fishing period 3 weeks after the second fishing
period and the Council recommended a similar timeline for 2024. The
fishery may close no later than December 7, 2024 (89 FR 19275, March
18, 2024). As such, implementing this action through proposed and final
rulemaking would limit the benefit this action would provide to fishery
participants. Without implementation of an additional fishing period,
the fishery allocation is unlikely to be reached, limiting economic
benefits to the participants and not meeting the goals of the Catch
Sharing Plan. It is necessary that this action be implemented in a
timely manner so that planning for the additional fishing period can
take place, and for business decision making by the regulated public
impacted by this action, which includes commercial fishing operations
and associated port businesses, among others. To ensure the regulated
public is fully aware of this action, notice of this regulatory action
will also be provided to fishery participants through a telephone
hotline, and via email news release. 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(e)(1)(iii) and in the
final rule (89 FR 40417, May 10, 2024).
For the reasons discussed above, there is also good cause under 5
U.S.C. 553(d)(3) to establish an effective date less than 30 days after
date of publication, as a delay in effectiveness of this action would
constrain fishing opportunity and be inconsistent with the goals of the
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 Area 2A Pacific halibut non-tribal directed commercial
fishery allocation. NMFS regulations allow the Regional Administrator
to add fishing periods and set fishing period limits inseason, provided
that the action allows allocation objectives to be met and will not
result in exceeding the catch limit for the fishery. NMFS recently
received information on the progress of landings in the non-Tribal
directed commercial fishery, indicating an additional fishing period
with fishing period limits should be implemented in the fishery to
ensure optimal and sustainable harvest of the allocation. As stated
above, it is in the public interest that this action is not delayed,
because a delay in the effectiveness of this additional fishing period
would not allow the allocation objectives of the Area 2A Pacific
halibut non-Tribal directed commercial fishery to be met.
Authority: 16 U.S.C. 773-773k.
Dated: July 23, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-16600 Filed 7-25-24; 8:45 am]
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