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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations www.federalregister.gov/. Background information and documents are available at the NOAA Fisheries website at https www.fisheries.noaa.gov/
action/2021-pacific-halibut-catchsharing-plan and at the Councils website at http www.pcouncil.org.
Other comments received may be accessed through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kathryn Blair, phone: 5032316858, fax: 5032316893, or email:
kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION: On April 21, 2021, NMFS published a final rule implementing the Pacific halibut Area 2A Catch Sharing Plan and recreational sport management measures for 2021
86 FR 20638, as authorized by the Northern Pacific Halibut Act of 1982 16
U.S.C. 773773k. The 2021 Catch Sharing Plan provides a recommended framework for NMFS annual management measures and subarea allocations based on the 2021 Area 2A
Pacific halibut catch limit of 1,510,000
pounds lb 684.9 metric tons mt.
These Pacific halibut management measures include recreational fishery season dates and subarea allocations.
Federal regulations at 50 CFR
300.63c, Flexible Inseason Management Provisions for Sport Halibut Fisheries in Area 2A, allow the NMFS Regional Administrator, after consultation with the Chairman of the Pacific Fishery Management Council Council, the Executive Director of the International Pacific Halibut Commission IPHC, and the Fisheries Directors of the affected states, or their designees, to modify annual regulations during the season. These inseason provisions allow the Regional Administrator to modify sport fishing periods, bag limits, size limits, days per calendar week, and subarea quotas, if it is determined it is necessary to meet the allocation objectives and the action will not result in exceeding the catch limit.
Regulations at this section also state that NMFS may take inseason action to transfer projected unused quota from recreational fisheries north of Cape Falcon, Oregon, and transfer it to another Washington subarea 50 CFR
300.63ciii.
NMFS has determined that, due to lower than expected landings in portions of Washington, inseason action to modify the 2021 annual regulations is warranted at this time to help ensure the Area 2A allocations as published in the final rule 86 FR 20638; April 21, 2021
are met. As stated above, inseason modification of the fishing season is authorized by Federal regulations at 50
CFR 300.63c. After a virtual
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consultation with IPHC, the Council, and the Washington Department of Fish and Wildlife WDFW on July 23, 2021, NMFS determined 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 sport fishing periods and sport fishing days per calendar week. Notice of these additional dates and closure of the fisheries will also be announced on the NMFS hotline at 2065266667 or 8006629825.
Inseason Action Description of the action: This inseason action implements up to two additional fishing dates for the Washington South Coast and Columbia River subareas during the 2021
recreational fishery.
Reason for the action: The purpose of this inseason action is to provide additional opportunity for anglers in Washington on August 27 and September 24. NMFS has determined that these additional dates are warranted due to much lower than expected landings through July 2021, and the expectation that a substantial amount of subarea allocation will go unharvested without additional fishing dates. As of July 22, anglers in all Washington and Columbia River subareas have harvested 203,899 lb 92.5 mt of the 289,517 lb 131.3 mt allocations, leaving 85,618 lb remaining 30 percent of the subarea allocation.
For reference, in 2018 and 2019, all Washington and Columbia River subareas had attained 94 and 93
percent, respectively, of the available recreational quota by the end of June.
On July 21, 2021, NMFS published an inseason 86 FR 38415 adding additional open dates for the Washington North Coast and Puget Sound subareas based on data through June 10, 2021. Catch tracked lower than anticipated for the remaining June season dates and even with the additional 17 fishing dates, NMFS
estimates that there would be quota remaining from the Washington allocation. Without additional fishing days in this action, the season dates implemented in the April 21, 2021 86
FR 20638 final rule and including the additional days in the July 21, 2021
inseason 86 FR 38415, would likely result in substantial unharvested quota in the state of Washington.
In order for anglers to have the opportunity to achieve the combined subarea allocations in Washington, and with little risk of the quota being exceeded, WDFW requested NMFS

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implement additional season dates for participants in the Washington South Coast and Columbia River subareas.
Therefore, through this action NMFS is announcing new season dates in August and September that were not previously implemented in the April 21, 2021 final rule 86 FR 20638 and the July 21, 2021
inseason 86 FR 38415. Specifically, the additional season dates for the Washington South Coast and Columbia River subareas are August 27 and September 24. These additional dates result in up to two statewide open days, with the Washington North Coast and Puget Sound already scheduled to be open on those dates. WDFW
recommended these dates to NMFS after consultation with their stakeholders.
These dates were determined in consultation with WDFW, the Council, and IPHC. Notice of these additional dates will also be announced on the NMFS hotline at 2065266667 or 800
6629825.
Weekly quota monitoring reports for the recreational fisheries in Washington, Oregon, and California are available on their respective state Fish and Wildlife agency websites. NMFS and the IPHC
will continue to monitor recreational catch obtained via state sampling procedures until NMFS has determined there is not sufficient quota for another full day of fishing, and the area is closed by the IPHC, or the season closes on September 30, whichever is earlier.
Classification NMFS issues this action pursuant to the Northern Pacific Halibut Act of 1982. This action is taken under the regulatory authority at 50 CFR 300.63c, and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553b3B, 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 22, 2021, and requested additional fishing dates be added before the close of the recreational halibut fishery on September 30, 2021, as the fishery participants in the Washington recreational fishery have only caught 70
percent of all Washington and the Columbia River subareas combined allocations. NMFS uses fishing rates from previous years to determine the number of recreational fishing dates needed to attain subarea allocations.
The level of attainment of the allocation for 2021 is much lower than past years for this same point in time, and was not anticipated when the 2021 final rule setting the 2021 recreational fishery
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