Proposed Rule2023-04388
Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures
Primary source
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Published
March 3, 2023
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 2023 recreational fisheries that are not implemented through the International Pacific Halibut Commission. These measures include the recreational fishery seasons, subarea allocations, 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 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Proposed Rules]
[Pages 13399-13408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04388]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230224-0054]
RIN 0648-BL92
Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing
Plan and Recreational Management Measures
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
2023 recreational fisheries that are not implemented through the
International Pacific Halibut Commission. These measures include the
recreational fishery seasons, subarea allocations, 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 20, 2023.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-0128, 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-2022-0128 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 Scott M. Rumsey, Acting
Regional Administrator, c/o Katie Davis, West Coast Region, NMFS, 500 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
<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 the required fields if you wish to remain
anonymous).
Docket: This proposed 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>.
FOR FURTHER INFORMATION CONTACT: Katie Davis, phone: 323-372-2126 or
email: <a href="/cdn-cgi/l/email-protection#e18a80958884cf8580978892a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="640f05100d014a0005120d17240a0b05054a030b12">[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 Pacific halibut fishing in 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 22-27, 2023, 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 2023 subarea allocations based on the Area 2A catch limit as
recommended by the IPHC.
Since 1988, the Pacific Fishery Management Council (Council) has
developed a Catch Sharing Plan that allocates the IPHC regulatory Area
2A Pacific halibut catch limit between treaty tribal and non-tribal
harvesters, and among non-tribal commercial and recreational (sport)
fisheries. NMFS has implemented at 50 CFR 300.63 et seq. certain
provisions of the Catch Sharing Plan, and implemented in annual rules
annual management measures consistent with the Catch Sharing Plan. In
1995, the Council recommended and NMFS approved a long-term Area 2A
[[Page 13400]]
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 website.
This rulemaking proposes to approve the changes the Council
recommended at its November 2022 meeting to the Catch Sharing Plan for
Area 2A. The recommended changes to the Catch Sharing Plan were
developed through the Council's public process. This rulemaking would
implement recreational Pacific halibut fishery management measures for
2023, which include season opening and closing dates. These management
measures are consistent with the recommendations made by the Council in
the 2023 Catch Sharing Plan as modified based on its 2022
recommendations and are detailed below.
Additionally, this proposed rule would amend the regulations
codified at 50 CFR 300.63 relating to the Area 2A recreational fishery
to include certain longstanding provisions in the Catch Sharing Plan.
NMFS has previously implemented these provisions through the annual
management measures; they are not new to the fishery. NMFS is also
proposing non-substantive ``housekeeping'' changes to the codified
regulations, to ensure they are up to date and clear.
Proposed Changes to the 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 2022 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 2022 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 2022 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. In section 6.9 and 6.10 of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure for the Washington
and Columbia River subareas to allow fishing up to 7 days per week in
August and September. Additional fishing days would provide late season
opportunity to attain the allocation.
2. In section 6.9.1(d) of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure in the Washington
Puget Sound subarea to allow fishing up to 5 days per week in April and
May during times of higher fishing productivity; and up to 7 days per
week in June, August, and September.
3. In section 6.11.1(c) of the Catch Sharing Plan, the Council
recommended adding an allocation-based threshold for increasing the
daily bag limit in the Central Oregon Coast subarea earlier in the
season. Specifically, if the combined all-depth and nearshore
allocation for this subarea is 200,000 pounds or greater, NMFS may
increase the daily bag limit to two fish per day, based on consultation
between IPHC, ODFW, NMFS, and the Council, with the intent of taking
the entire subarea allocation by September 30.
4. In section 6.11.1(d) of the Catch Sharing Plan, the Council
recommended revising the season structure of the Central Oregon Coast
subarea's spring all-depth fishery to be open up to 7 days per week
every week starting May 1, provided the spring all-depth allocation is
greater than 100,000 pounds. If the allocation is less than 100,000
pounds, then the season will open the second Thursday in May through
June 30, and be open every Thursday through Saturday. In either case,
weeks can be skipped to avoid adverse tides, then open every other
week.
5. Section 6.11.1(g) and 6.11.2(g) of the Catch Sharing Plan
currently stipulate that during the recreational all-depth halibut
fishery in the central and southern Oregon coast subareas, when the
groundfish fishery is restricted by depth and halibut are onboard the
vessel, only sablefish, Pacific cod, and flatfish species may be taken
and retained, possessed, or landed, except that yellowtail rockfish,
widow rockfish, canary rockfish, redstriped rockfish, greenstriped
rockfish, silvergray rockfish, chilipepper, bocaccio, and blue/deacon
rockfish may be retained, possessed, or landed when caught with long-
leader gear (as defined at 50 CFR 660.351). The Council recommended
allowing long-leader gear fishing and retention of sablefish, Pacific
cod, and other species of flatfish during the recreational halibut all-
depth fishery in both Oregon Coast subareas and updating the CSP to
reflect this.
6. In the Catch Sharing Plan, the Council also made various
administrative edits to improve clarity and to reflect the transition
of management of Area 2A non-tribal commercial directed fishery and
issuing permits to Area 2A non-tribal commercial fisheries from the
IPHC to NMFS in January 2023.
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 2023 Recreational Fishery Management Measures
As described above, NMFS proposes to implement recreational fishery
management measures, including season dates for the 2023 fishery,
consistent with the Council's recommendations in the 2023 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 6, in time for the start
of recreational Pacific halibut fisheries. The 2023 Catch Sharing Plan
provides the framework for the annual management measures and subarea
allocations based on the 2023 Area 2A catch limit for Pacific halibut
as set by the IPHC. The season dates and annual management measures in
this rulemaking 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 6, NMFS will solicit public comments on
this proposed rule for 15 days.
NMFS proposes Area 2A recreational fishery management measures
[[Page 13401]]
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.
2023 Annual Recreational Management Measures
The recreational fishing subareas, allocations, fishing dates, and
daily bag limits are as follows. These provisions may be modified
through inseason action 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
allocation 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 allocation for the subarea in Puget Sound and the U.S. waters
in the Strait of Juan de Fuca is 79,031 lb.
(a) The fishing seasons are structured as follows:
(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 124[deg]23.70' W
long., NMFS is proposing to open the fishery on April 6-10, 13-17, 20-
24, and April 27-May 1; May 4-8, 11-15, 18-22, and 26-28; and June 1-
30. If unharvested allocation remains after June 30, NMFS may take
inseason action to reopen the fishery in August and September, up to 7
days per week, or until there is not sufficient allocation 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.
Washington North Coast Subarea
The allocation for landings into ports in the Washington North
Coast subarea is 129,668 lb.
(a) NMFS is proposing to open the fishery on May 4, 6, 11, 13, 18,
20, 26, and 28; and June 1, 3, 8, 10, 15, 17, 22, 24, and 29. If
unharvested allocation remains after June 30, NMFS may take inseason
action to reopen the fishery in August and September, up to 7 days per
week, or until there is not sufficient allocation 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.
Washington South Coast Subarea
The allocation for landings into ports in the South Coast subarea
is 64,376 lb.
(a) NMFS is proposing to open the Washington South Coast primary
fishery on May 4, 7, 11, 14, 18, 21, and 25; June 15, 18, 22, and 25.
If unharvested allocation remains after June 30, NMFS may take inseason
action to reopen the fishery in August and September, up to 7 days per
week, until September 30 or until there is not sufficient allocation
remaining 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. 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 allocation remains in
the Washington South Coast subarea allocation, and continues 7 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 allocation remaining to reopen the
Washington South coast, northern nearshore area for another fishing
day, then any remaining allocation 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.
Columbia River Subarea
The allocation for landings into ports in the Columbia River
subarea is 18,875 lb.
(a) This subarea is divided into an all-depth fishery and a
nearshore fishery. NMFS is proposing to open the all-depth fishery on
May 4, 7, 11, 14, 18, 21, and 25; and June 1, 4, 8, 11, 15, 18, 22, 25,
and 29. If unharvested allocation remains after June 30, NMFS may take
inseason action to reopen the fishery in August and September, or until
there is not sufficient allocation for another full day of fishing and
the area is therefore closed. NMFS is proposing that the nearshore
fishery be open every Monday, Tuesday, and Wednesday beginning Monday
May 8 until the nearshore allocation is taken, or on September 30,
whichever is earlier. 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. Subsequent to this closure, if there
is insufficient allocation remaining in the Columbia River subarea for
another fishing day, then any remaining allocation may be transferred
inseason to other Washington or Oregon subareas by NMFS, in accordance
with Federal regulations at 50 CFR 300.63(c). Any remaining allocation
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.
Oregon Central Coast Subarea
The allocation for landings into ports in the Oregon Central Coast
subarea is 275,214 lb.
(a) NMFS is proposing to open the nearshore fishery on May 1. The
fishery would be open 7 days per week until the allocation for the
nearshore fishery is estimated to have been taken, or on October 31,
whichever is earlier. The allocation to the nearshore fishery is 33,026
lb.
(ii) NMFS is proposing to open the spring all-depth fishery May 1
up to 7 days per week until July 31 or until there is not sufficient
allocation remaining for another full day of fishing and the area is
therefore closed. The allocation to the spring all-depth fishery is
173,385 lb.
(iii) In July, NMFS will announce, in accordance with notice
procedures in Federal regulations at 50 CFR 300.63(c)(3) and on the
NMFS hotline (206) 526-6667 or (800) 662-9825, whether the fishery will
re-open for the summer season in August, based on the overall Area 2A
allocation. NMFS is proposing to open the fishery every other week on
Thursday, Friday, and Saturday, beginning Friday, August 4; or until
the combined spring season and summer season allocations in the Oregon
Central Coast are estimated to have been taken 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. Additional fishing days may be opened
if enough allocation is available to allow for additional fishing days
after the last day of the first scheduled open period (August 5). After
[[Page 13402]]
August 5, if 60,000 lb (27.2 mt) or greater remains from the combined
nearshore, spring, and summer allocations, NMFS may take inseason
action to open the fishery every Thursday, Friday, and Saturday,
beginning August 17, and/or the fishery may be open up to 7 days a week
beginning September 1, ending when there is insufficient allocation
remaining or October 31, whichever is earlier. After September 6, if
30,000 lb (13.6 mt) or greater remains from the combined nearshore,
spring, and summer allocations, 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 7, through October 31, until there is not sufficient
allocation for another full day of fishing and the area is closed. NMFS
will announce, in accordance with notice procedures at 50 CFR
300.63(c)(3) and 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 Central Oregon Coast subarea allocation (all-depth and
nearshore combined) is 275,214 lb. NMFS is proposing to set the daily
bag limit at two fish per day. NMFS will announce bag limits in
accordance with notice procedures at 50 CFR 300.63(c)(3) and on the
NMFS hotline (206) 526-6667 or (800) 662-9825.
Southern Oregon Subarea
The allocation for landings into ports in the Southern Oregon
subarea is 8,000 lb.
(a) NMFS is proposing to open the fishery May 1, 7 days per week
until October 31 or the allocation is taken, whichever is earlier.
(b) The daily bag limit is one halibut per person with no size
limit, unless otherwise specified through inseason action. NMFS will
announce any bag limit changes in accordance with notice procedures at
50 CFR 300.63(c)(3) and on the NMFS hotline (206) 526-6667 or (800)
662-9825.
California Coast Subarea
The allocation for landings into ports in the California Coast
subarea is 39,520 lb.
(a) NMFS is proposing to open the fishery May 1 through November
15, or until the subarea allocation is estimated to have been taken and
the season is therefore closed, whichever is earlier. NMFS will
announce any closure in accordance with notice procedures at Sec.
300.63(c)(3) and 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.
Changes To Codified Regulations
NMFS is proposing to make housekeeping changes to regulations at 50
CFR 300.63. These changes include non-substantive edits to increase
clarity of the regulations, updating outdated regulations to more
accurately reflect the current operations of the fishery, reordering
paragraphs to improve organization, and codifying certain management
measures that have been unchanged over many years in the Council's
Catch Sharing Plan. Specifically, these management measures include
defining port of landing for catch of halibut. In addition, the rule
proposes codifying descriptions of subareas within Area 2A, including
geographic coordinates for those areas; none of these subareas are new.
This rule also proposes to clarify NMFS's authority to take automatic
action to close a recreational area or subarea once its allocation has
been reached. This type of non-discretionary closure has been a regular
component of the management of this fishery and NMFS is not proposing
anything that is not consistent with this standard past practice. When
and how these closures will occur will also continue to be described in
the annual management measure rules such as this one, In addition, NMFS
proposes to remove the January 1 deadline for publication of the annual
proposed rule to approve changes to the Catch Sharing Plan and
implement annual management measures from 300.63(b)(1). This change
would allow for the annual proposed rule to be published after the
annual meeting of the Commission, which decides the total constant
exploitation yield for regulatory areas across the species' range in
U.S. and Canadian waters, thereby allowing for public comment on the
resulting subarea allocations.
The proposed changes in codified regulations are not expected to
result in a change in the management of the fishery. The proposed
amendments to the codified regulations would make those regulations
consistent with longstanding fishery management measures and consistent
with the Catch Sharing Plan. The management measures proposed to be
codified have been implemented annually for many years and were
recommended by the Council, which developed them with extensive public
processes.
Classification
Under section 773 of the Halibut Act, the Pacific Fishery
Management Council may develop, and the Secretary of Commerce may
implement, regulations governing Pacific halibut fishing by U.S.
fishermen in Area 2A that are in addition to, and not in conflict with,
approved IPHC regulations (16 U.S.C. 773c(c)). The proposed rule is
consistent with the Council and NMFS's authority under the Halibut Act.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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
determined that halibut targeting charterboats are all small
businesses. Charter fishing operations are classified under NAICS code
487210, with a corresponding Small Business Association size standard
of $14 million in annual receipts (13 CFR 121.201). No commercial
fishing entities are directly affected by this rulemaking.
This proposed 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 2023 season
dates and subarea allocations impacting charterboats, anglers, and
businesses relying on recreational fishing across all of Area 2A.
Therefore, this rulemaking 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 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 2022, the IPHC issued 106 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 64 vessels) participate in the Pacific halibut
recreational fishery and may be affected by these regulations as those
vessels operate in Area 2A. Private
[[Page 13403]]
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 allocations for the
recreational fishery, and approves minor changes to the Catch Sharing
Plan to provide increased recreational opportunities under the
allocations that result from the Area 2A catch limit. NMFS implements
the provisions of the Catch Sharing Plan through the annual management
measures in this proposed rule; the changes to the Catch Sharing Plan
that NMFS is proposing to implement are considered minor, with minimal
economic effects. Profitability is largely based on the catch limit
decision made by the IPHC, with subarea allocations 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 28, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300, subpart E, 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. 300.61:
0
a. Revise definition of ``charter vessel'' to read as follows:
Sec. 300.61 Definitions.
* * * * *
Charter vessel, for purposes of Sec. Sec. 300.65, 300.66, and
300.67, means a vessel used while providing or receiving sport fishing
guide services for halibut, and, for purposes of Sec. 300.63, means a
vessel used for hire in recreational (sport) fishing for Pacific
halibut, but not including a vessel without a hired operator.
* * * * *
0
3. Revise Sec. 300.63 to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
(a) General Provisions. (1) Under 16 U.S.C. 773c, a fishery
management council may develop regulations governing the domestic
halibut fishery that do not conflict with the regulations set by the
International Pacific Halibut Commission. NMFS may approve and
implement such regulations. The Pacific Fishery Management Council has
developed a catch sharing plan that provides a framework for allocation
of Pacific halibut for Area 2A and sets management measures for
fisheries in Area 2A. NMFS implements annual management measures
consistent with the catch sharing plan through annual rules published
in the Federal Register. Long term provisions included in and necessary
to implement the catch sharing plan are included in the sections that
follow.
(2) A portion of the Area 2A non-tribal commercial allocation is
allocated as incidental catch in the salmon troll fishery in Area 2A
pursuant to Sec. 300.62. Each year the landing restrictions necessary
to keep the fishery within its allocation will be recommended by the
Pacific Fishery Management Council at its spring meetings and will be
promulgated in the annual salmon management measures described at 660
Subpart H. This fishery will occur between dates and times listed in
the annual management measures as described at Sec. 300.62, until
there is not sufficient allocation and the season is closed by NMFS.
(3) A portion of the Area 2A Washington recreational (sport)
allocation is allocated pursuant to Sec. 300.62 as incidental catch in
the sablefish primary fishery north of 46[deg]53.30' N lat. (Pt.
Chehalis, Washington), which is regulated under Sec. 660.231. This
fishing opportunity is only available in years in which the Washington
recreational allocation is 214,110 lb (97.1 mt) or greater, provided
that a minimum of 10,000 lb (4.5 mt) is available to the sablefish
fishery. Each year that this fishing opportunity is available, the
landing restrictions necessary to keep this fishery within its
allocation will be recommended by the Pacific Fishery Management
Council at its spring meetings, and will be published in the Federal
Register. This fishery will occur between dates and times listed in
annual management measures as described under Sec. 300.62, until there
is not sufficient allocation and the season is closed by NMFS.
(i) In years when the incidental catch of halibut in the sablefish
primary fishery north of 46[deg]53.30' N lat. is allowed, it is allowed
only for vessels using longline gear that are registered to groundfish
limited entry permits with sablefish endorsements and that possess a
permit issued pursuant to paragraph (d) of this section.
(ii) It is unlawful for any person to possess, land or purchase
halibut south of 46[deg]53.30' N lat. that were taken and retained as
incidental catch authorized by this section in the sablefish primary
fishery.
(4) The treaty Indian fishery is governed by Sec. 300.64 and
tribal regulations. The annual allocation for the fishery will be
announced with the annual management measures as described under Sec.
300.62.
(b) Non-Tribal Fishery Election in Area 2A. (1) A non-tribal vessel
that fishes in Area 2A may participate in only one of the following
three fisheries in Area 2A:
(i) The recreational (sport) fishery as established in the annual
domestic management measures issued pursuant to Sec. 300.62 and
paragraph c of this subsection;
(ii) The non-tribal commercial directed fishery for halibut
established in the annual domestic management measures issued pursuant
to Sec. 300.62 and Sec. 300.63(e) and/or the incidental retention of
halibut during the sablefish primary fishery described at Sec.
660.231; or
(iii) Incidental catch of halibut during the salmon troll fishery
as authorized in the annual domestic management measures issued
pursuant to Sec. 300.62 and 660 Subpart H.
(2) No person shall fish for halibut in the recreational (sport)
fishery in Area 2A from a vessel that has been used during the same
calendar year for commercial halibut fishing in Area 2A, or that has
been issued a permit for the same calendar year for the commercial
halibut fishery in Area 2A.
(3) No person shall fish for halibut in the directed commercial
halibut fishery and/or retain halibut incidentally taken
[[Page 13404]]
in the sablefish primary fishery in Area 2A from a vessel that has been
used during the same calendar year for incidental catch of halibut
during the salmon troll fishery.
(4) No person shall fish for halibut in the non-tribal directed
commercial halibut fishery and/or retain halibut incidentally taken in
the sablefish primary fishery in Area 2A from a vessel that, during the
same calendar year, has been used in the recreational (sport) halibut
fishery in Area 2A or that is permitted for the recreational (sport)
charter halibut fishery in Area 2A pursuant to 300.63(d).
(5) No person shall retain halibut incidentally caught in the
salmon troll fishery in Area 2A taken on a vessel that, during the same
calendar year, has been used in the recreational (sport) halibut
fishery in Area 2A, or that is permitted for the recreational (sport)
charter halibut fishery in Area 2A pursuant to paragraph (d) of this
section.
(6) No person shall retain halibut incidentally caught in the
salmon troll fishery in Area 2A taken on a vessel that, during the same
calendar year, has been used in the directed commercial halibut fishery
and/or retained halibut incidentally taken in the sablefish primary
fishery for Area 2A or that is permitted to participate in these
commercial fisheries pursuant to paragraph (d) of this section.
(c) Recreational (sport) halibut fisheries in Area 2A. (1) Annual
Recreational Fishery Rule. Each year, NMFS will publish a rule to
govern the annual recreational (sport) fisheries for the following year
and will seek public comment. The rule will include annual management
measures, such as annual fishing dates and allocations for each subarea
within Area 2A. The subareas are defined in paragraph (c)(5) of this
section. Annual management measures may be adjusted inseason by NMFS
under paragraph (c)(6) of this section.
(2) Port of Landing. Any halibut landed into a port counts toward
the allocation for the subarea in which that port is located, and the
regulations governing the subarea of landing apply, regardless of the
specific area of catch.
(3) Automatic closure of recreational fisheries. NMFS shall
determine once an area or subarea has attained or is projected to
attain its area or subarea allocation, and will take automatic action
to close the fishery, via announcement in the Federal Register and
concurrent notification on the NMFS hotline at (206) 526-6667 or (800)
662-9825 and the NOAA Fisheries website. Closures will be determined
without prior notice or opportunity to comment. These actions are
nondiscretionary and the impacts must have been previously taken into
account. Once the effective date of the closure is announced in the
Federal Register, no person shall land, possess, or retain halibut in
that area or subarea.
(4) Groundfish Fisheries. Vessels that participate in federal
recreational groundfish fisheries, including those that fish for and
retain halibut, are also governed by regulations at 50 CFR 660.360.
(5) Recreational Fishery Subareas. (i) Washington. The Washington
recreational fishery is divided into the following subareas:
(A) Washington Puget Sound and the U.S. Convention waters in the
Strait of Juan de Fuca. The Washington Puget Sound and the U.S.
Convention Waters in the Strait of Juan de Fuca subarea is located 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.
(B) Washington North Coast Subarea. The Washington North Coast
subarea is located west of a line at approximately 124[deg]23.70' W
long. and north of the Queets River (47[deg]31.70' N lat.).
(1) Recreational fishing for 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).
(2) [RESERVED]
(C) Washington South Coast Subarea. The Washington South Coast
subarea is located between the Queets River, WA (47[deg]31.70' N lat.),
and Leadbetter Point, WA (46[deg]38.17' N lat.).
(1) 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 to 46[deg]58.00' N lat. and
east of a boundary line approximating the 30-fm (55-m) depth contour.
The Washington South coast northern nearshore area is defined by
straight lines connecting the following points in the order stated:
Table 1 to Paragraph (c)(5)(i)(C)(1)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
1............................................. 47[deg]31.7 124[deg]37.
0' 03'
2............................................. 47[deg]25.6 124[deg]34.
7' 79'
3............................................. 47[deg]12.8 124[deg]29.
2' 12'
4............................................. 46[deg]58.0 124[deg]24.
0' 24'
------------------------------------------------------------------------
(2) Recreational fishing for 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).
(D) Columbia River Subarea. The Columbia River subarea is located
between Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon,
OR (45[deg]46.00' N lat.).
(1) 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 as defined at 50 CFR 660.71(o). The remaining
area in the Columbia River subarea is the all-depth fishery.
(2) 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.
(3) 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.
(ii) Oregon. The Oregon recreational fishery is divided into the
following subareas:
(A) Oregon Central Coast Subarea. The Oregon Central Coast Subarea
is located between Cape Falcon (45[deg]46.00' N lat.) and Humbug
Mountain (42[deg]40.50' N lat.).
(1) The nearshore fishery (the ``inside 40-fm'' fishery) occurs
shoreward of the boundary line approximating the 40-fm (73-m) depth
contour between 45[deg]46.00'
[[Page 13405]]
N lat. and 42[deg]40.50' N lat. is defined at 50 CFR 660.71(o).
(2) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, when halibut are on board
the vessel, sablefish, Pacific cod, other species of flatfish (sole,
flounder, sanddab), may be taken and retained, possessed or landed with
long-leader gear (as defined at Sec. 660.351), when allowed by
groundfish regulations at 50 CFR 660.360. 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 onboard 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.
(3) 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, as defined at 50 CFR 660.71(o), halibut
possession and retention by vessels operating seaward of a boundary
line approximating the 40-fm (73-m) depth contour is prohibited.
(4) Recreational fishing for 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 onboard. The
Stonewall Bank YRCA is defined at 50 CFR 660.70(g)-(i).
(B) Southern Oregon Subarea. The Southern Oregon Subarea is located
south of Humbug Mountain, Oregon (42[deg]40.50' N lat.) to the Oregon/
California Border (42[deg]00.00' N lat.).
(1) During the recreational halibut all-depth fishery, when the
groundfish fishery is restricted by depth and halibut are onboard the
vessel, sablefish, Pacific cod, and other species of flatfish (sole,
flounder, sanddab) may be retained, possessed, or landed, and
yellowtail rockfish, widow rockfish, canary rockfish, redstriped
rockfish, greenstriped rockfish, silvergray rockfish, chilipepper,
bocaccio, and blue/deacon rockfish may be taken and retained, possessed
or landed, when caught with long-leader gear (as defined at Sec.
660.351).
(2) [RESERVED]
(iii) California Coast Subarea. The California Coast Subarea is
located south of the Oregon/California Border (42[deg]00.00' N lat.)
and along the California coast.
(6) Inseason Management for Recreational (Sport) Halibut Fisheries
in Area 2A.(i) The Regional Administrator, NMFS West Coast Region,
after consultation with the Pacific Fishery Management Council, the
Commission, and the affected state(s), may modify regulations during
the season after making the following determinations:
(A) The action is necessary to allow allocation objectives to be
met.
(B) The action will not result in exceeding the allocation for the
area.
(C) If any of the recreational (sport) fishery subareas north of
Cape Falcon, Oregon are not projected to utilize their respective
allocations, NMFS may take inseason action to transfer any projected
unused allocation to another Washington recreational subarea.
(D) If any of the recreational (sport) fishery subareas south of
Leadbetter Point, Washington, are not projected to utilize their
respective allocations by their season ending dates, NMFS may take
inseason action to transfer any projected unused allocation to another
Oregon sport subarea.
(E) If the total estimated yelloweye rockfish bycatch mortality
from recreational halibut trips in all Oregon subareas is projected to
exceed 22 percent of the annual Oregon recreational yelloweye rockfish
harvest guideline, NMFS may take inseason action to reduce yelloweye
rockfish bycatch mortality in the halibut fishery while allowing
allocation objectives to be met to the extent possible.
(ii) Flexible inseason management provisions include, but are not
limited to, the following:
(A) Modification of recreational (sport) fishing periods;
(B) Modification of recreational (sport) fishing bag limits;
(C) Modification of recreational (sport) fishing size limits;
(D) Modification of recreational (sport) fishing days per calendar
week;
(E) Modification of subarea allocation; and
(F) Modification of the Stonewall Bank Yelloweye Rockfish
Conservation Area (YRCA) restrictions off Oregon using YRCA expansions
as defined in groundfish regulations at 50 CFR 660.70(g) or (h).
(iii) Notice procedures. Actions taken under this section will be
published in the Federal Register. Notice of inseason management
actions will be provided by a telephone hotline administered by the
West Coast Region, NMFS, at 206-526-6667 or 800-662-9825.
(iv) Effective dates.
(A) Any action issued under this section is effective on the date
specified in the publication or at the time that the action is filed
for public inspection with the Office of the Federal Register,
whichever is later.
(B) If time allows, NMFS will invite public comment prior to the
effective date of any inseason action filed with the Federal Register.
If the Regional Administrator determines, for good cause, that an
inseason action must be filed without affording a prior opportunity for
public comment, public comments will be received for a period of 15
days after publication of the action in the Federal Register.
(C) Any inseason action issued under this section will remain in
effect until the stated expiration date or until rescinded, modified,
or superseded.
However, no inseason action has any effect beyond the end of the
calendar year in which it is issued.
(d) Pacific Halibut Permits for IPHC Regulatory Area 2A. (1)
General. (i) This section applies to persons and vessels that fish for
Pacific halibut, or land and retain Pacific halibut, in IPHC Regulatory
Area 2A. No person shall fish for Pacific halibut from a vessel, nor
land or retain Pacific halibut on board a vessel, used either for
commercial fishing or as a recreational charter vessel in IPHC
regulatory area 2A, unless the NMFS West Coast Region has issued a
permit valid for fishing in IPHC regulatory area 2A for that vessel.
(ii) A permit issued for a vessel operating in the Pacific halibut
fishery in IPHC Regulatory Area 2A shall be valid for one of the
following, per paragraph (b) of this section:
(A) The incidental catch of Pacific halibut during the salmon troll
fishery specified in paragraph (a)(2) of this section;
(B) The incidental catch of Pacific halibut during the sablefish
fishery specified in paragraph (a)(3) of this section;
(C) The non-tribal directed commercial fishery during the fishing
periods specified in paragraph (e)(1) of this section;
(D) Both the incidental catch of Pacific halibut during the
sablefish fishery specified in paragraph (a)(3) of this section and the
non-tribal directed commercial fishery during the fishing periods
specified in paragraph (e)(1) of this section; or
(E) The recreational charter fishery.
(iii) A permit issued under paragraph (d) of this section is valid
only for the vessel for which it is registered. A
[[Page 13406]]
change in ownership, documentation, or name of the registered vessel,
or transfer of the ownership of the registered vessel will render the
permit invalid.
(iv) A vessel owner must contact NMFS if the vessel for which the
permit is issued is sold, ownership of the vessel is transferred, the
vessel is renamed, or any other reason for which the documentation of
the vessel is changed as the change would invalidate the current
permit. A new permit application is required if there is a change in
any documentation of the vessel. To submit a new permit application,
follow the procedures outlined under paragraph (d)(2) of this section.
If the documentation of the vessel is changed after the deadline to
apply for a permit has passed as described at paragraph (d)(2)(ii) of
this section, the vessel owner may contact NMFS and provide information
on the reason for the documentation change and all permit application
information described at paragraph (d)(2) of this section. NMFS may
issue a permit, or decline to issue a permit and the applicant may
appeal per paragraph (d)(3) of this section.
(v) A permit issued under paragraph (d) of this section must be
carried on board that vessel at all times and the vessel operator shall
allow its inspection by any authorized officer. The format of this
permit may be electronic or paper.
(vi) No individual may alter, erase, mutilate, or forge any permit
or document issued under this section. Any such permit or document that
is intentionally altered, erased, mutilated, or forged is invalid.
(vii) A permit issued under paragraph (d) of this section is valid
only during the calendar year (January 1-December 31) for which it was
issued.
(viii) NMFS may suspend, revoke, or modify any permit issued under
this section under policies and procedures in title 15 CFR part 904, or
other applicable regulations in this chapter.
(2) Applications. (i) Application form. To obtain a permit, an
individual must submit a complete permit application to the NMFS West
Coast Region Sustainable Fisheries Division (NMFS) through the NOAA
Fisheries Pacific halibut permits web page at <a href="https://www.fisheries.noaa.gov/permit/pacific-halibut-permits">https://www.fisheries.noaa.gov/permit/pacific-halibut-permits</a>. A complete
application consists of:
(A) An application form that contains valid responses for all data
fields, including information and signatures.
(B) A current copy of the U.S. Coast Guard Documentation Form or
state registration form or current marine survey.
(C) Payment of required fees as discussed in paragraph (d)(2)(iv)
of this section.
(D) Additional documentation NMFS may require as it deems necessary
to make a determination on the application.
(ii) Deadlines. (A) Applications for permits for the directed
commercial fishery in Area 2A must be received by NMFS no later than
2359 PST on February 15, or by 2359 PST the next business day in
February if February 15 is a Saturday, Sunday, or Federal holiday.
(B) Applications for permits that allow for incidental catch of
Pacific halibut during the salmon troll fishery or the sablefish
primary fishery in Area 2A must be received by NMFS no later than 2359
PST March 1, or by 2359 PST the next business day in March if March 1
is a Saturday, Sunday, or Federal holiday.
(C) Applications for permits for recreational charter vessels,
which allow for catch of Pacific halibut during the recreational
fishery, must be received a minimum of 15 days before intending to
participate in the fishery, to allow for processing the permit
application.
(iii) Application review and approval. NMFS shall issue a vessel
permit upon receipt of a completed permit application submitted on the
NOAA Fisheries website no later than the day before the start date of
the fishery the applicant selected. If the application is not approved,
NMFS will issue an initial administrative decision (IAD) that will
explain the denial in writing. The applicant may appeal NMFS'
determination following the process at paragraph (d)(3) of this
section. NMFS will decline to act on a permit application that is
incomplete or if the vessel or vessel owner is subject to sanction
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D.
(iv) Permit fees. The Regional Administrator may charge fees to
cover administrative expenses related to processing and issuance of
permits, processing change in ownership or change in vessel
registration, divestiture, and appeals of permits. The amount of the
fee is determined in accordance with the procedures of the NOAA Finance
Handbook for determining administrative costs. Full payment of the fee
is required at the time a permit application is submitted.
(3) Appeals. In cases where the applicant disagrees with NMFS'
decision on a permit application, the applicant may appeal that
decision to the Regional Administrator. This paragraph (d)(3) describes
the procedures for appealing the IAD on permit actions made in this
title under this subpart.
(i) Who may appeal? Only an individual who received an IAD that
disapproved any part of their application may file a written appeal.
For purposes of this section, such individual will be referred to as
the ``permit applicant.''
(ii) Appeal process.
(A) The appeal must be in writing, must allege credible facts or
circumstances to show why the criteria in this subpart have been met,
and must include any relevant information or documentation to support
the appeal. The permit applicant may request an informal hearing on the
appeal.
(B) Appeals must be mailed or faxed to: National Marine Fisheries
Service, West Coast Region, Sustainable Fisheries Division, ATTN:
Appeals, 7600 Sand Point Way NE, Seattle, WA 98115; Fax: 206-526-6426;
or delivered to National Marine Fisheries Service at the same address.
(C) Upon receipt of an appeal authorized by this section, the
Regional Administrator will notify the permit applicant, and may
request additional information to allow action on the appeal.
(D) Upon receipt of sufficient information, the Regional
Administrator will decide the appeal in accordance with the permit
provisions set forth in this section at the time of the application,
based upon information relative to the application on file at NMFS and
any additional information submitted to or obtained by the Regional
Administrator, the summary record kept of any hearing and the hearing
officer's recommended decision, if any, and such other considerations
as the Regional Administrator deems appropriate. The Regional
Administrator will notify all interested persons of the decision, and
the reasons for the decision, in writing, normally within 30 days of
the receipt of sufficient information, unless additional time is needed
for a hearing.
(E) If a hearing is requested, or if the Regional Administrator
determines that one is appropriate, the Regional Administrator may
grant an informal hearing before a hearing officer designated for that
purpose after first giving notice of the time, place, and subject
matter of the hearing to the applicant. The appellant, and, at the
discretion of the hearing officer, other interested persons, may appear
personally or be represented by counsel at the hearing and submit
information and present arguments as determined
[[Page 13407]]
appropriate by the hearing officer. Within 30 days of the last day of
the hearing, the hearing officer shall recommend in writing a decision
to the Regional Administrator.
(F) The Regional Administrator may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
In any event, the Regional Administrator will notify interested persons
of the decision, and the reason(s) therefore, in writing, within 30
days of receipt of the hearing officer's recommended decision. The
Regional Administrator's decision will constitute the final
administrative action by NMFS on the matter.
(iii) Timing of appeals. (A) For permits issued under paragraph (d)
of this section, if an applicant appeals an IAD, the appeal must be
postmarked, faxed, or hand delivered to NMFS no later than 60 calendar
days after the date on the IAD. If the applicant does not appeal the
IAD within 60 calendar days, the IAD becomes the final decision of the
Regional Administrator acting on behalf of the Secretary of Commerce.
(B) Any time limit prescribed in this section may be extended for a
period not to exceed 30 days by the Regional Administrator for good
cause, either upon his or her own motion or upon written request from
the appellant stating the reason(s) therefore.
(iv) Address of record. For purposes of the appeals process, NMFS
will establish as the address of record, the address used by the permit
applicant in initial correspondence to NMFS. Notifications of all
actions affecting the applicant after establishing an address of record
will be mailed to that address, unless the applicant provides NMFS, in
writing, with any changes to that address. NMFS bears no responsibility
if a notification is sent to the address of record and is not received
because the applicant's actual address has changed without notification
to NMFS.
(v) Status of permits pending appeal.
(A) For all permit actions, the permit registration remains as it
was prior to the request until the final decision has been made.
(B) [Reserved]
(e) Non-tribal directed commercial fishery management. Each year a
portion of Area 2A's overall fishery limit is allocated consistent with
the Pacific Fishery Management Council's Catch Sharing Plan to the non-
tribal directed commercial fishery and published pursuant to Sec.
300.62. The non-tribal directed commercial fishery takes place in the
area south of Point Chehalis, WA (46[deg]53.30' N lat.).
(1) Management measures. Annually, NMFS will determine and publish
in the Federal Register annual management measures for the upcoming
fishing year for the non-tribal directed commercial fishery. This will
include dates and lengths for the fishing periods for the Area 2A non-
tribal directed commercial fishery, as well as the associated fishing
period limits.
(i) Fishing periods. NMFS will determine the fishing periods, e.g.,
dates and/or hours that permittees may legally harvest halibut in Area
2A, on an annual basis. This determination will take into account any
recommendations provided by the Pacific Fishery Management Council and
comments received by the public during the public comment period on the
proposed annual management measures rule. The intent of these fishing
periods is to ensure the Area 2A Pacific halibut directed commercial
allocation is achieved but not exceeded.
(ii) Fishing period limits. NMFS will establish fishing period
limits, e.g., the maximum amount of Pacific halibut that a vessel may
retain and land during a specific fishing period, and assign those
limits according to vessel class for each fishing period. Fishing
period limits may be different across vessel classes (except as
described in paragraph (e)(1)(iii) of this section). NMFS will
determine fishing period limits following the considerations listed in
paragraph (e)(1)(ii)(A) of this section. The intent of these fishing
period limits is to ensure that the Area 2A commercial directed fishery
does not exceed the directed commercial allocation, while attempting to
provide fair and equitable access across fishery participants to an
attainable amount of harvest. The limits will be published in annual
management measures rules in the Federal Register along with a
description of the considerations used to determine them.
(A) Considerations. When determining fishing period(s) and
associated fishing period limits for the directed commercial fishery,
NMFS will consider the following factors:
(1) The directed commercial fishery allocation;
(2) Vessel class;
(3) Number of fishery permit applicants and projected number of
participants per vessel class;
(4) The average catch of vessels compared to past fishing period
limits;
(5) Other relevant factors.
(B) Vessel classes. Vessel classes are based on overall length
(defined at 46 CFR 69.9) shown in the following table:
Table 1 to Paragraph (e)(1)(ii)(B)
------------------------------------------------------------------------
Overall length (in feet) Vessel class
------------------------------------------------------------------------
1-25................................................... A
26-30.................................................. B
31-35.................................................. C
36-40.................................................. D
41-45.................................................. E
46-50.................................................. F
51-55.................................................. G
56+.................................................... H
------------------------------------------------------------------------
(iii) Inseason action to add fishing periods and associated fishing
period limits. Fishing periods in addition to those originally
implemented at the start of the fishing year may be warranted in order
to provide the fishery with opportunity to achieve the Area 2A directed
commercial fishery allocation, if performance of the fishery during the
initial fishing period(s) is different than expected and the directed
commercial allocation is not attained through the initial period(s). If
NMFS makes the determination that sufficient allocation remains to
warrant additional fishing period(s) without exceeding the allocation
for the Area 2A directed commercial fishery, the additional fishing
period(s) and fishing period limits may be added during the fishing
year. If NMFS determines fishing period(s) in addition to those
included in an annual management measures rule is warranted, NMFS will
set the fishing period limits equal across all vessel classes. The
fishing period(s) and associated fishing period limit(s) will be
announced in the Federal Register and concurrent publication on the
hotline. If the amount of directed commercial allocation remaining is
determined to be insufficient for an additional fishing period, the
allocation is considered to be taken and the fishery will be closed, as
described at paragraph (e)(2) of this section.
(2) Automatic closure of the non-tribal directed commercial
fishery. The NMFS Regional Administrator or designee will initiate
automatic management actions without prior public notice or opportunity
to comment. These actions are nondiscretionary and the impacts must
have been previously been taken into account.
(i) If NMFS determines that the non-tribal directed commercial
fishery has attained its annual allocation or is projected to attain
its allocation if additional fishing was to be allowed, the Regional
Administrator will take automatic action to close the fishery, via
announcement in the Federal Register and concurrent notification on the
telephone hotline at 206-526-6667 or 800-662-9825.
[[Page 13408]]
(ii) [Reserved]
(f) Area 2A Non-Treaty Commercial Fishery Closed Areas. (1) Non-
treaty commercial vessels operating in the directed commercial fishery
for halibut in Area 2A are required to fish outside a closed area,
known as the nontrawl Rockfish Conservation Area (RCA), that extends
along the coast from the U.S./Canada border south to 40[deg]10' N lat.
Between the U.S./Canada border and 46[deg]16' N lat., the eastern
boundary of the nontrawl RCA, is the shoreline. Between 46[deg]16' N
lat. and 40[deg]10' N lat., the nontrawl RCA is defined along an
eastern boundary by a line approximating the 30-fm (55-m) depth
contour. Coordinates for the 30-fm (55-m) boundary are listed at 50 CFR
660.71(e). Between the U.S./Canada border and 40[deg]10' N lat., the
nontrawl RCA is defined along a western boundary approximating the 100-
fm (183-m) depth contour. Coordinates for the 100-fm (183-m) boundary
are listed at 50 CFR 660.73(a).
(2) Vessels that incidentally catch halibut while fishing in the
sablefish primary fishery are required to follow area closures and gear
restrictions defined in the groundfish regulations. It is unlawful to
retain, possess or land halibut with limited entry fixed gear within
the North Coast Commercial Yelloweye Rockfish Conservation Area as
defined at 50 CFR 660.230. Coordinates for the North Coast Commercial
YRCA are specified in groundfish regulations at 50 CFR 660.70.
(3) Vessels that incidentally catch halibut while fishing in the
salmon troll fishery are required to follow area and gear restrictions
defined in the groundfish regulations at 50 CFR 660.330. It is unlawful
for a commercial salmon troll vessel to retain, possess, or land
halibut within the Salmon Troll YRCA with salmon troll gear.
Coordinates for the Salmon Troll YRCA are specified in groundfish
regulations at 50 CFR 660.70, and in salmon regulations at 50 CFR
660.405.
[FR Doc. 2023-04388 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 3, 2023.
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.