Proposed Rule2022-03329
Pacific Halibut Fisheries; Catch Sharing Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission's regulatory Area 2A off of Washington, Oregon, and California. In addition, NMFS proposes to implement management measures governing the 2022 recreational fisheries that are not implemented through the International Pacific Halibut Commission. These measures include the recreational fishery seasons, quotas, and management measures for Area 2A. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Proposed Rules]
[Pages 9021-9026]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03329]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No.: 220210-0044]
RIN 0648-BL14
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch
Sharing Plan for the International Pacific Halibut Commission's
regulatory Area 2A off of Washington, Oregon, and California. In
addition, NMFS proposes to implement management measures governing the
2022 recreational fisheries that are not implemented through the
International Pacific Halibut Commission. These measures include the
recreational fishery seasons, quotas, and management measures for Area
2A. These actions are intended to conserve Pacific halibut and provide
angler opportunity where available.
DATES: Comments on the proposed rule must be received on or before
March 4, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-0003, by
either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0003 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Barry Thom, c/o Kathryn
Blair, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232.
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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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
[[Page 9022]]
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 <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>.
Background information and documents are available at the NMFS West
Coast Region website at <a href="https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/fisheries-management-west-coast">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/fisheries-management-west-coast</a> and at the
Council's website at <a href="http://www.pcouncil.org">http://www.pcouncil.org</a>. Other comments received
may be accessed through <a href="http://Regulations.gov">Regulations.gov</a>.
NMFS prepared a draft Environmental Assessment for this action
pursuant to the National Environmental Policy Act. This draft can be
viewed on NMFS' website at <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents</a>. In order to comment on the Environmental Assessment, submit
all public comments to Joshua Lindsay at <a href="/cdn-cgi/l/email-protection#5a303529322f3b743633343e293b231a34353b3b743d352c"><span class="__cf_email__" data-cfemail="4a202539223f2b642623242e392b330a24252b2b642d253c">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
fax: 503-231-6893, or email: <a href="/cdn-cgi/l/email-protection#365d57425e444f5818545a575f44765859575718515940"><span class="__cf_email__" data-cfemail="f79c96839f858e99d9959b969e85b799989696d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C.
773-773k, gives the Secretary of Commerce (Secretary) responsibility
for implementing the provisions of the Convention between Canada and
the United States for the Preservation of the Halibut Fishery of the
North Pacific Ocean and Bering Sea (Halibut Convention), signed at
Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending
the Convention (signed at Washington, DC, on March 29, 1979). The
Halibut Act requires that the Secretary adopt regulations to carry out
the purposes and objectives of the Halibut Convention and Halibut Act
(16 U.S.C. 773c). Additionally, as provided in the Halibut Act, the
Regional Fishery Management Councils having authority for the
geographic area concerned may develop, and the Secretary of Commerce
may implement, regulations governing harvesting privileges among U.S.
fishermen in U.S. waters that are in addition to, and not in conflict
with, approved International Pacific Halibut Commission (IPHC)
regulations (16 U.S.C. 773c(c)).
At its annual meeting January 24-28, 2022, the IPHC recommended an
Area 2A catch limit. This catch limit is derived from the total
constant exploitation yield (TCEY) for Pacific halibut, which includes
commercial discards and bycatch estimates calculated using a formula
developed by the IPHC. As provided in the Halibut Act at 16 U.S.C.
773b, the Secretary of State, with the concurrence of the Secretary of
Commerce, may accept or reject, on behalf of the United States,
regulations recommended by the IPHC in accordance with the Convention.
Following acceptance by the Secretary of State, the annual management
measures promulgated by the IPHC are published in the Federal Register
to provide notice of their immediate regulatory effectiveness and to
inform persons subject to the regulations of their restrictions and
requirements (50 CFR 300.62). Subject to acceptance by the Secretary of
State with concurrence by the Secretary of Commerce, this proposed rule
contains 2022 subarea quotas based on the Area 2A catch limit as
recommended by the IPHC.
Since 1988, the Pacific Fishery Management Council (Council) has
developed and NMFS has approved annual Catch Sharing Plans that
allocate the IPHC regulatory Area 2A Pacific halibut catch limit
between treaty Indian and non-Indian harvesters, and among non-Indian
commercial and recreational (sport) fisheries. In 1995, the Council
recommended, and NMFS approved a long-term Area 2A Catch Sharing Plan
(60 FR 14651; March 20, 1995). NMFS has been approving adjustments to
the Area 2A Catch Sharing Plan based on Council recommendations each
year to address the changing needs of these fisheries. While the full
Catch Sharing Plan is not published in the Federal Register, it is made
available on the Council and NMFS websites.
This rule proposes to approve the Council's recommended changes to
the Catch Sharing Plan for IPHC regulatory Area 2A. The 2022 Catch
Sharing Plan was developed through the Council's public process. This
rule would implement recreational Pacific halibut fishery management
measures for 2022, which include season opening and closing dates.
These management measures are consistent with the recommendations made
by the Council in the 2022 Catch Sharing Plan and are detailed below.
Proposed Changes to the 2021 Area 2A Catch Sharing Plan
Each year at the Council's September meeting, members of the public
have an opportunity to propose changes to the Catch Sharing Plan for
consideration by the Council. At the September 2021 Council meeting,
Washington Department of Fish and Wildlife (WDFW) and Oregon Department
of Fish and Wildlife (ODFW) proposed changes to the Catch Sharing Plan.
The Council voted to solicit public input on the changes recommended by
WDFW and ODFW. WDFW and ODFW subsequently held public workshops on the
proposed changes.
At its November 2021 meeting, the Council considered the results of
the state-sponsored workshops on the proposed changes to the Catch
Sharing Plan, along with public input provided at the 2021 September
and November Council meetings, and made its recommendations for
modifications to the Catch Sharing Plan. NMFS proposes to approve all
of the Council's recommended changes to the Catch Sharing Plan, which
are discussed below.
1. Section 6.8.1(c) of the Catch Sharing Plan stipulates that if
any of the recreational fishery subareas north of Cape Falcon, Oregon
are not projected to utilize their subarea quota by September 30, NMFS
may take inseason action to transfer any projected unused quota to
another Washington subarea. The Council recommended removing the
September 30 date for taking inseason action. Removing this date would
allow projected unused quota in one subarea to be transferred to
another subarea for potential harvest earlier in the season (prior to
September 30th), allowing for the potential of more open days and
thereby provide more opportunity to anglers to achieve the quota. This
provision is also codified at 50 CFR 300.63(c)(1)(iii), and this action
proposes to remove the September 30 date in Federal regulations.
2. In section 6.9 and 6.11 of the Catch Sharing Plan, the Council
recommended adding additional text clarifying that a management
objective for the Washington and Oregon recreational fisheries is to
establish season structures for each subarea that maximize fishing
opportunity and achieve but not exceed subarea quotas. However,
flexibility through timely inseason action, such as adding additional
fishing days or shifting allocation between subareas, may be necessary
to achieve the overall Washington and Oregon state recreational quotas.
3. In sections 6.9.1(d), 6.9.2(d), 6.9.3(d), and 6.10(d) of the
Catch Sharing Plan, the Council recommended revising the season
structure to allow the Washington and Columbia River subareas to be
open for up to five days per week during August and September. The
subareas will continue to be open for up to three days per week in
April, May, and June. This change would provide more opportunity to
achieve the
[[Page 9023]]
subarea allocation by allowing the subareas to be open more days later
in the season.
4. In section 6.9.1(f) of the Catch Sharing Plan, the Council
recommended additional text clarifying that if the Puget Sound subarea
season is closed prior to September 30, and there is insufficient quota
for an additional fishing day, then any remaining Puget Sound subarea
quota may be transferred inseason to another Washington coastal subarea
by NMFS via an update to the recreational halibut hotline. This
reiterates text at 6.8.1(c). NMFS would make this and other inseason
actions in accordance with regulations at 300.63(c).
5. In section 6.11.1(d) of the Catch Sharing Plan, the Council
recommended adding quota-based thresholds for setting open days in the
Oregon Central Coast subarea's spring and summer all-depth fisheries.
Specifically, if the Central Coast spring all-depth allocation based on
the Catch Sharing Plan framework is greater than 100,000 pounds (45.36
metric tons (mt)), NMFS will set season dates such that the all-depth
fishery may be open for up to seven days per week every week starting
with the second Thursday in May through June 30, except that NMFS may
skip certain weeks to avoid adverse tides. After June 30, the all-depth
fishery will be open every other week. If after the first Central Coast
summer all-depth opening (first Thursday through Saturday in August),
NMFS estimates that there is 60,000 pounds (27.22 mt) or more remaining
on the Central Coast combined nearshore and all-depth quotas, NMFS may
open the all-depth fishery for up to seven days per week beginning
September 1. This change would increase angler opportunity by allowing
the Central Coast fisheries to be open for more days in years with a
higher allocation.
6. In section 6.11.1 and 6.11.2, the Council recommended that, at
the conclusion of the Oregon Central Coast spring all-depth season,
IPHC, NMFS, the Council, and ODFW consult to determine whether
increasing the bag limit to two fish is warranted, with the intent of
achieving the subarea quota by September 30. If the bag limit change is
made for the Central Coast subarea, it would also apply to the Southern
Oregon subarea at the same time. This change would increase angler
opportunity to achieve the Central Coast and Southern Oregon subareas
allocation by increasing the bag limit earlier in the season.
Additional discussion of these changes is included in the materials
submitted to the Council at its September and November meetings,
available at <a href="https://www.pcouncil.org/council-meetings/previous-meetings/">https://www.pcouncil.org/council-meetings/previous-meetings/</a>. A version of the Catch Sharing Plan including these changes
can be found at <a href="https://www.pcouncil.org/managed_fishery/pacific-halibut/">https://www.pcouncil.org/managed_fishery/pacific-halibut/</a>.
Proposed 2022 Recreational Fishery Management Measures
As described above, NMFS also proposes to implement recreational
fishery management measures, including season dates for the 2022
fishery, consistent with the Council's recommendations in the 2022
Catch Sharing Plan. The Catch Sharing Plan includes a framework for
setting days open for fishing by subarea; under this framework, each
state submits final recommended season dates annually to NMFS during
the proposed rule comment period. However, this proposed rule contains
preliminary dates based either on the Catch Sharing Plan framework and/
or recommendations received to date. In the final rule, NMFS will
implement dates based on public comment, including comments from Oregon
and California after each state has concluded its public meetings
gathering input on season dates.
The final rule must be effective by April 7, in time for the start
of recreational Pacific halibut fisheries. The 2022 Catch Sharing Plan
provides the framework for the annual management measures and subarea
allocations based on the 2022 Area 2A catch limit for Pacific halibut.
The season dates and annual management measures in this rule were
developed through the Council where the public had the opportunity to
participate. In order to ensure that these management measures are
effective in time for the start of the recreational fisheries on April
7, NMFS will solicit public comments on this proposed rule for 15 days.
NMFS proposes the following Area 2A recreational fishery management
measures consistent with the Council's Catch Sharing Plan. After the
opportunity for public comment, NMFS will publish a final rule
approving the Catch Sharing Plan and promulgating the annual management
measures for the Area 2A recreational fishery, as required by
implementing regulations at 50 CFR 300.63(b)(1). If there is any
discrepancy between the Catch Sharing Plan and Federal regulations,
Federal regulations take precedence.
2022 Annual Recreational Management Measures
The recreational fishing subareas, quotas, fishing dates, and daily
bag limits are as follows, except as modified under the inseason
actions consistent with 50 CFR 300.63(c). All recreational fishing in
Area 2A is managed on a ``port of landing'' basis, whereby any halibut
landed into a port counts toward the quota for the area in which that
port is located, and the regulations governing the area of landing
apply, regardless of the specific area of catch.
Washington Puget Sound and the U.S. Convention Waters in the Strait of
Juan de Fuca
The quota for the area in Puget Sound and the U.S. waters in the
Strait of Juan de Fuca, east of a line extending from 48[deg]17.30' N
lat., 124[deg]23.70' W long. north to 48[deg]24.10' N lat.,
124[deg]23.70' W long., is 83,210 lb (37.74 mt).
(a) The fishing seasons are:
(i) For the area in Puget Sound and the U.S. waters in the Strait
of Juan de Fuca, east of a line at approximately 123[deg]49.60' W
long., NMFS is proposing to open the fishery on April 7-9, 14-16, 21-
23, 28-30; May 5-7, 12-14, 19-21, 27-29; June 2-4, 9-11, 16-18, 23-25,
and 30. If unharvested quota remains after June 30, NMFS may take
inseason action to reopen the fishery August 18 through September 30,
up to five days per week, on Thursday, Friday, Saturday, Sunday, and
Monday of each week, or until there is not sufficient quota for another
full day of fishing and the area is therefore closed. Any closure 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.
(ii) For the area in U.S. waters in the Strait of Juan de Fuca,
approximately between 124[deg]23.70' W long. and 123[deg]49.60' W
long., NMFS is proposing to open the fishery on May 5, 7, 12, 14, 19,
21, 27-29; June 2-4, 9-11, 16-18, 23-25, and 30. If unharvested quota
remains after June 30, NMFS may take inseason action to reopen the
fishery August 18 through September 30, up to five days per week, on
Thursday, Friday, Saturday, Sunday, and Monday of each week, or until
there is not sufficient quota for another full day of fishing and the
area is therefore closed. Any closure 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.
(b) The daily bag limit is one halibut of any size per day per
person.
[[Page 9024]]
Washington North Coast Subarea
The quota for landings into ports in the area off the north
Washington coast, west of a line at approximately 124[deg]23.70' W
long. and north of the Queets River (47[deg]31.70' N lat.), is 133,847
lb (60.71 mt).
(a) The fishing seasons are:
(i) NMFS is proposing to open the fishery on May 5, 7, 12, 14, 19,
21, 27, and 29; June 2, 4, 9, 11, 16, 18, 23, 25, and 30. If
unharvested quota remains after June 30, NMFS may take inseason action
to reopen the fishery August 18 through September 30, up to five days
per week, on Thursday, Friday, Saturday, Sunday, and Monday of each
week, or until there is not sufficient quota for another full day of
fishing and the area is therefore closed. Any closure 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.
(b) The daily bag limit is one halibut of any size per day per
person.
(c) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing with
recreational gear in the North Coast Recreational YRCA may not be in
possession of any halibut. Recreational vessels may transit through the
North Coast Recreational YRCA with or without halibut on board. The
North Coast Recreational YRCA is defined in groundfish regulations at
50 CFR 660.70(b).
Washington South Coast Subarea
The quota for landings into ports in the area between the Queets
River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA
(46[deg]38.17' N lat.), is 68,555 lb (31.10 mt).
(a) This subarea is divided between the all-depth fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N lat. south to 46[deg]58.00' N
lat. and east of a boundary line approximating the 30-fm (55-m) depth
contour. This area (the Washington South coast northern nearshore area)
is defined by straight lines connecting all of the following points in
the order stated as described by the following coordinates:
(1) 47[deg]31.70' N lat, 124[deg]37.03' W long;
(2) 47[deg]25.67' N lat, 124[deg]34.79' W long;
(3) 47[deg]12.82' N lat, 124[deg]29.12' W long;
(4) 46[deg]58.00' N lat, 124[deg]24.24' W long.
NMFS is proposing to open the primary fishery on May 5, 8, 12, 15,
19, 22, and 26; June 16, 19, 23, and 26, or until there is not
sufficient quota for another full day of fishing and the area is
therefore closed. If unharvested quota remains after June 30, NMFS may
take inseason action to reopen the fishery August 19 and/or September
23. Any closure will be announced on the NMFS hotline at (206) 526-6667
or (800) 662-9825. The fishing season in the Washington South Coast
northern nearshore area commences the Saturday subsequent to the
closure of the primary fishery in May or June if quota remains in the
Washington South Coast subarea allocation, and continues seven days per
week until 68,555 lb (31.10 mt) is projected to be taken by the two
fisheries combined and the fishery is therefore closed or on September
30, whichever is earlier. If the fishery is closed prior to September
30, or there is insufficient quota remaining to reopen the Washington
South coast, northern nearshore area for another fishing day, then any
remaining quota may be transferred in-season to another Washington
coastal subarea by NMFS, in accordance with Federal regulations at 50
CFR 300.63(c).
(b) The daily bag limit is one halibut of any size per day per
person.
(c) Seaward of the boundary line approximating the 30-fm (55-m)
depth contour and during days open to the primary fishery, lingcod may
be taken, retained and possessed when allowed by groundfish regulations
at 50 CFR 660.360(c).
(d) Recreational fishing for groundfish and halibut is allowed
within the South Coast Recreational YRCA and Westport Offshore
Recreational YRCA. The South Coast Recreational YRCA is defined at 50
CFR 660.70(e). The Westport Offshore Recreational YRCA is defined at 50
CFR 660.70(f).
Columbia River Subarea
The quota for landings into ports in the area between Leadbetter
Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR (45[deg]46.00' N
lat.), is 19,037 lb (8.64 mt).
(a) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 500 lb (0.23 mt)
of the subarea allocation. The nearshore fishery extends from
Leadbetter Point (46[deg]38.17' N lat., 124[deg]15.88' W long.) to the
Columbia River (46[deg]16.00' N lat., 124[deg]15.88' W long.) by
connecting the following coordinates in Washington: 46[deg]38.17' N
lat., 124[deg]15.88' W long. 46[deg]16.00' N lat., 124[deg]15.88' W
long., and connecting to the boundary line approximating the 40-fm (73-
m) depth contour in Oregon. NMFS is proposing to open the nearshore
fishery May 9, and continue on Monday, Tuesday, and Wednesday each week
until the nearshore allocation is taken, or on September 30, whichever
is earlier. NMFS is proposing to open the all-depth fishery on May 5,
8, 12, 15, 19, 22, and 26; June 2, 5, 9, 12, 16, 19, 23, 26, and 30, or
until there is not sufficient quota for another full day of fishing and
the area is therefore closed. If unharvested quota remains after June
30, NMFS may take inseason action to reopen the fishery on August 19
and/or September 23. Any closure will be announced on the NMFS hotline
at (206) 526-6667 or (800) 662-9825. Subsequent to this closure, if
there is insufficient quota remaining in the Columbia River subarea for
another fishing day, then any remaining quota may be transferred
inseason to another Washington and/or Oregon subarea by NMFS, in
accordance with Federal regulations at 50 CFR 300.63(c). Any remaining
quota would be transferred to each state in proportion to the
allocation formula in the Catch Sharing Plan.
(b) The daily bag limit is one halibut of any size per day per
person.
(c) Pacific Coast groundfish may not be taken and retained,
possessed or landed when halibut are on board the vessel, except
sablefish, Pacific cod, flatfish species, yellowtail rockfish, widow
rockfish, canary rockfish, redstripe rockfish, greenstriped rockfish,
silvergray rockfish, chilipepper, bocaccio, blue/deacon rockfish, and
lingcod caught north of the Washington-Oregon border (46[deg]16.00' N
lat.) may be retained when allowed by Pacific Coast groundfish
regulations at 50 CFR 660.360, during days open to the all-depth
Pacific halibut fishery. Long-leader gear (as defined at 50 CFR
660.351) may be used to retain groundfish during the all-depth Pacific
halibut fishery south of the Washington-Oregon border, when allowed by
Pacific Coast groundfish regulations at 50 CFR 660.360.
(d) Taking, retaining, possessing, or landing halibut on groundfish
trips is allowed in the nearshore area on days not open to all-depth
Pacific halibut fisheries.
Oregon Central Coast Subarea
The quota for landings into ports in the area off Oregon between
Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain (42[deg]40.50' N
lat.), is 269,782 lb (122.37 mt).
(a) The fishing seasons are:
(i) NMFS is proposing to open the nearshore fishery on May 1, seven
days per week, in the area shoreward of a boundary line approximating
the 40-fm
[[Page 9025]]
(73-m) depth contour, or until the sub-quota for the central Oregon
nearshore fishery of 32,374 lb (14.68 mt), or any inseason revised
quota is estimated to have been taken and the season is therefore
closed, or on October 31, whichever is earlier. The boundary line
approximating the 40-fm (73-m) depth contour between 45[deg]46.00' N
lat. and 42[deg]40.50' N lat. is defined at 50 CFR 660.71(o).
(ii) If the spring all-depth quota is greater than 100,000 lbs,
NMFS is proposing to open the spring all-depth fishery May 12 up to
seven days per week through June 30, then open every other week. If the
quota is 100,000 lbs or less, NMFS is proposing to open the fishery
either May 12 and remain open Thursday through Saturday every week, or
May 13 and remain open Friday and Saturday every week, until July 31 or
until there is not sufficient quota for another full day of fishing and
the area is therefore closed. The allocation to the all-depth fishery
is 169,963 lb (77.09 mt).
(iii) NMFS is proposing to open the summer all-depth fishery on
August 5-6, 18-20; September 1-3, 15-17, September 29-October 1, 13-15,
and 27-29; or until the combined spring season and summer season quotas
in the area between Cape Falcon and Humbug Mountain, OR, are estimated
to have been taken and the area is therefore closed. NMFS, in
accordance with notice procedures in Federal regulations at 50 CFR
300.63(c)(3), will announce on the NMFS hotline (206) 526-6667 or (800)
662-9825 in July whether the fishery will re-open for the summer season
in August. Additional fishing days may be opened if enough quota to
allow for additional days of fishing remains after the last day of the
first scheduled open period. If, after this date, an amount greater
than or equal to 60,000 lb (27.2 mt) remains in the combined nearshore,
spring, and summer quota, NMFS may take inseason action to reopen the
fishery every Thursday, Friday and Saturday, beginning August 4, 5, and
6, and/or the fishery may be open up to 7 days a week beginning
September 1, ending when there is insufficient quota remaining or
October 31, whichever is earlier. If after the September 6 an amount
greater than or equal to 30,000 lb (13.6 mt) remains in the combined
nearshore, spring, and summer quota, and the fishery is not already
open every Thursday, Friday and Saturday, NMFS may take inseason action
to re-open the fishery every Thursday, Friday and Saturday, beginning
September 8, 9, and 10, through October 31, until there is not
sufficient quota for another full day of fishing and the area is
closed. At the conclusion of the spring all-depth season, NMFS may
increase the bag limit to two fish of any size per person, per day.
NMFS, in accordance with notice procedures at 50 CFR 300.63(c)(3), will
announce on the NMFS hotline (206) 526-6667 or (800) 662-9825 whether
the summer all-depth fishery will be open on such additional fishing
days, what days the fishery will be open, and what the bag limit is.
(b) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified through inseason action. NMFS, in
accordance with notice procedures at 50 CFR 300.63(c)(3), will announce
on the NMFS hotline (206) 526-6667 or (800) 662-9825 any bag limit
changes.
(c) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, when halibut are on board
the vessel, no groundfish, except sablefish, Pacific cod, and other
species of flatfish (sole, flounder, sanddab), may be taken and
retained, possessed or landed, except with long-leader gear (as defined
at Sec. 660.351), when allowed by groundfish regulations. During days
open to all-depth halibut fishing when the groundfish fishery is open
to all depths, any groundfish species permitted under the groundfish
regulations may be retained, possessed or landed if halibut are on
board the vessel. During days only open to nearshore halibut fishing,
flatfish species may not be taken and retained seaward of the 40-fm
(73-m) depth contour if halibut are on board the vessel.
(d) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(e) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is defined at 50 CFR
660.70(g)-(i).
Southern Oregon Subarea
The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg] 40.50' N lat.) to the Oregon/California Border
(42[deg]00.00' N lat.) is 8,000 lb (3.63 mt).
(a) NMFS is proposing to open the fishery May 1, seven days per
week, until the quota is taken or October 31, whichever is earlier.
(b) The daily bag limit is one halibut per person with no size
limit, unless otherwise specified through inseason action. NMFS, in
accordance with notice procedures at 50 CFR 300.63(c)(3), will announce
on the NMFS hotline (206) 526-6667 or (800) 662-9825 any bag limit
changes.
(c) During days open to the Pacific halibut fishery, when halibut
are on board the vessel, no groundfish except sablefish, Pacific cod,
and other species of flatfish (sole, flounder, sanddab), may be taken
and retained, possessed or landed, except with long-leader gear (as
defined at Sec. 660.351) when allowed by groundfish regulations at 50
CFR 660.360.
California Coast Subarea
The quota for landings into ports south of the Oregon/California
Border (42[deg]00.00' N lat.) and along the California coast is 38,740
lb (17.57 mt).
(a) NMFS is proposing to open the fishery May 1 through November
15, or until the subarea quota is estimated to have been taken and the
season is therefore closed, whichever is earlier. NMFS, in accordance
with notice procedures at Sec. 300.63(c)(3), will announce any closure
on the NMFS hotline (206) 526-6667 or (800) 662-9825.
(b) The daily bag limit is one halibut of any size per day per
person.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, the Secretary of State and
the Secretary of Commerce. Additionally, as provided in the Halibut
Act, the Regional Fishery Management Councils having authority for the
geographic area concerned may develop, and the Secretary of Commerce
may implement, regulations governing harvesting privileges among U.S.
fishermen in U.S. waters that are in addition to, and not in conflict
with, approved IPHC regulations (16 U.S.C. 773c(c)). The proposed
action is consistent with the Council's authority to allocate halibut
catches among fishery participants in the waters in and off Washington,
Oregon, and California.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
[[Page 9026]]
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates. Previous analyses determined that charterboats are
small businesses (see 77 FR 5477 (February 3, 2012) and 76 FR 2876
(January 18, 2011)). Charter fishing operations are classified under
NAICS code 487210, with a corresponding Small Business Association size
standard of $7.5 million in annual receipts. No commercial fishing
entities are directly affected by this rule.
This rule would revise the recreational Pacific halibut fishery
management measures, including season dates and catch limits. This
proposed rule would open the recreational fishery with 2022 season
dates and subarea quotas impacting charter boats, anglers, and
businesses relying on recreational fishing across all of Area 2A.
Therefore, this rule may affect some charterboat operations in Area 2A.
These changes were uncontroversial throughout the Council's public
process, and overall participation in the recreational fisheries is not
expected to change. There are no large entities involved in the halibut
fisheries off of the West Coast. Since this action will only impact
recreational charter vessels, which are small entities, none of these
changes will have a disproportionately negative effect on small
entities versus large entities.
In 2021, the IPHC issued 93 licenses to the charterboat fleet for
Area 2A. Recent information on charterboat activity is not available,
but prior analysis indicated that 60 percent of the IPHC charterboat
license holders (around 56 vessels) participate in the Pacific halibut
recreational fishery and may be affected by these regulations as those
vessels operate in Area 2A. Private vessels used for recreational
fishing are not businesses and are therefore not included in the RFA
analysis.
The major effect of halibut management on small entities will be
from the catch limit decisions made by the IPHC, a decision independent
from this proposed action. This proposed action would implement
management measures including season dates and quotas for the
recreational fishery, and approves minor changes to the Catch Sharing
Plan to provide increased recreational opportunities under the quotas
that result from the Area 2A catch limit. The proposed changes to the
Catch Sharing Plan are considered minor, with minimal economic effects.
Profitability is largely based on the catch limit decision made by the
IPHC, with subarea quotas determined based on the Catch Sharing Plan
framework and the allocation formulae recommended by the Council.
Therefore, the proposed rule is unlikely to affect the profitability of
the recreational fishery.
For the reasons described above, the proposed action, if adopted,
will not have a significant economic impact on a substantial number of
small entities. As a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
Dated: February 10, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read as
follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.63, revise paragraph (c)(1)(iii) to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(c) * * *
(1) * * *
(iii) If any of the recreational fishery subareas north of Cape
Falcon, Oregon are not projected to utilize their respective quotas,
NMFS may take inseason action to transfer any projected unused quota to
another Washington recreational subarea.
* * * * *
[FR Doc. 2022-03329 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.