Proposed Rule2024-02220
Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing Plan and Recreational Fishery Management Measures
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 9, 2024
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 Washington, Oregon, and California. In addition, NMFS proposes to implement new management measures for the 2024 recreational fisheries in Area 2A that are not implemented through the International Pacific Halibut Commission (IPHC). These measures include the recreational fishery seasons and subarea allocations for Area 2A. This action would also add a new inseason management provision to transfer anticipated uncaught recreational fishery allocation between states. Additionally, this action proposes to establish a new management line at Point Arena, CA, creating two subareas with separate allocations off California. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.
Full Text
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<title>Federal Register, Volume 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9105-9111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02220]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240130-0031]
RIN 0648-BM75
Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing
Plan and Recreational Fishery 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 Washington, Oregon, and California. In addition,
NMFS proposes to implement new management measures for the 2024
recreational fisheries in Area 2A that are not implemented through the
International Pacific Halibut Commission (IPHC). These measures include
the recreational fishery seasons and subarea allocations for Area 2A.
This action would also add a new inseason management provision to
transfer anticipated uncaught recreational fishery allocation between
states. Additionally, this action proposes to establish a new
management line at Point Arena, CA, creating two subareas with separate
allocations off California. 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 11, 2024.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2024-0014, 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-2024-0014 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 Jennifer Quan, Regional
Administrator, c/o Melissa Mandrup, West Coast Region, NMFS, 501 W
Ocean Blvd., Long Beach, CA 90802.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post them for public viewing on <a href="https://www.regulations.gov">https://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 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 Pacific Halibut Recreational Fishery website at <a href="https://www.fisheries.noaa.gov/action/2023-pacific-halibut-recreational-fishery">https://www.fisheries.noaa.gov/action/2023-pacific-halibut-recreational-fishery</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: Melissa Mandrup, phone: 562-980-3231
or email: <a href="/cdn-cgi/l/email-protection#a0cdc5ccc9d3d3c18ecdc1cec4d2d5d0e0cecfc1c18ec7cfd6"><span class="__cf_email__" data-cfemail="2d404841445e5e4c03404c43495f585d6d43424c4c034a425b">[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 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 of Commerce 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
[[Page 9106]]
conflict with, approved International Pacific Halibut Commission (IPHC)
regulations (16 U.S.C. 773c(c)).
At its annual meeting January 22-26, 2024, the IPHC recommended an
Area 2A catch limit also known as the Fishery Constant Exploitation
Yield (FCEY) for 2024. This FCEY 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. The 2024 TCEY and FCEY for Area 2A will be
published as part of a separate rulemaking.
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).
Allocations based on IPHC's recommended 2024 Area 2A FCEY will be
subject to acceptance by the Secretary of State with concurrence by the
Secretary of Commerce and will be included in the final rule.
Since 1988, the Pacific Fishery Management Council (Council) has
developed a Catch Sharing Plan that allocates the IPHC regulatory Area
2A Pacific halibut FCEY 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 annual rules
containing annual management measures consistent with the Catch Sharing
Plan. 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 website.
This rule proposes to approve the changes the Council recommended
at its November 2023 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 over multiple meetings. This rule also
proposes to implement recreational Pacific halibut fishery management
measures for 2024, which include season opening and closing dates.
These management measures are consistent with the recommendations made
by the Council in the 2024 Catch Sharing Plan as modified based on its
2023 recommendations and are detailed below.
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 2023 Council meeting,
per the typical annual process, the Washington Department of Fish and
Wildlife (WDFW), Oregon Department of Fish and Wildlife (ODFW), and
California Department of Fish and Wildlife (CDFW) proposed changes to
the Catch Sharing Plan for the fisheries that occur off of their
respective coasts.
At its November 2023 meeting, the Council considered the results of
state-sponsored workshops on the proposed changes to the Catch Sharing
Plan, along with public input provided at the September and November
2023 Council meetings, and made its recommendations for modifications
to the Catch Sharing Plan. NMFS proposes to approve all the Council's
recommended changes to the Catch Sharing Plan, which are discussed
below.
1. In multiple sections of the Catch Sharing Plan, the Council
recommended administrative changes to the management objectives and
fishery flexibility language contained in the Catch Sharing Plan. These
changes are intended to provide consistency and clarity throughout the
document. The Council also recommended changes to section 5.7.5 that
would allow incidental retention of Pacific halibut to continue in the
salmon troll fishery beyond June 30 without the need for NMFS to
specifically notice that continuation, improving efficiency.
2. In section 6.8 of the Catch Sharing Plan, the Council
recommended creating a new management provision that would allow NMFS
to take inseason action to reallocate or transfer recreational fishery
allocation between states if one or more states was projected to not
fully attain their recreational fishery allocation for the current
season. This new proposed type of inseason action is intended to allow
greater utilization of overall Area 2A recreational allocation by
providing additional angler opportunity later in the season across a
larger portion of the coast.
3. The Council recommended changes to Section 5.6.4 of the Catch
Sharing Plan regarding the notice and timing of non-tribal directed
commercial fishery sequential season openings. Specifically, NMFS
proposes to announce one or two open periods for the non-tribal
directed commercial fishery each year, with intervals between open
periods anticipated to be 2 to 4 weeks. The intent of this change is to
allow more stability and certainty for the fishery participants as the
season progresses. Management measures regulating the non-tribal
directed commercial fishery are typically established through a
separate rulemaking in the spring of each year.
4. 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 7 days per week in April,
May, and June if the Area 2A FCEY is at least 1.3 million pounds (lbs,
589.7 metric tons (mt)); if the Area 2A FCEY is less than 1.3 million
lbs (589.7 mt), then seasons may be open up to 5 days per week in
April, May and June.
5. In section 6.9.2(d) of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure in the Washington
North Coast subarea to allow fishing up to 3 days per week in May if
the Area 2A FCEY is at least 1.3 million lbs (589.7 mt); and if the
Area 2A FCEY is less than 1.3 million lbs (589.7 mt), then allowing
fishing up to 2 days per week.
6. In section 6.9.3(d) of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure in the Washington
South Coast subarea to allow fishing up to 3 days per week in May and 8
days in June if sufficient subarea allocation remains after April 30.
7. In section 6.10 of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure in the Columbia River
subarea to allow fishing during May and June.
8. In section 6.11(d)(ii) of the Catch Sharing Plan, the Council
recommended that NMFS revise the season structure in the Oregon central
coast subarea Spring all-depth fishery to allow additional dates to be
established every week, as opposed to every other week, except week(s)
may be skipped to avoid adverse tidal conditions. The potential
additional dates will be identified preseason and may be opened if
enough subarea allocation is available to allow for additional fishing
days after the spring season.
[[Page 9107]]
9. In section 6.12 of the Catch Sharing Plan, the Council
recommended that NMFS establish a new management line at Point Arena,
California (38[deg]57.5' N lat.), to create two subareas off
California, along with a criteria and management framework for the
newly established subarea south of Point Arena, California. The area
between the Oregon/California border (42[deg]00.00' N lat.) and Point
Arena would be called the Northern California Coast subarea. The area
south of Point Arena would be called the South of Point Arena subarea.
Sections 6.12.1 and 6.12.2 of the Catch Sharing Plan were created to
describe the management measures for the Northern California Coast
subarea and South of Point Arena subarea, respectively. New management
measures for the proposed subareas include 500 lbs (0.23 mt) of the
California recreational fishery allocation to be assigned to the South
of Point Arena subarea, with the remaining California recreational
fishery allocation to be assigned to the Northern California Coast
subarea. The South of Point Arena subarea will be open from May 1 to
December 31 or until the 500 lbs (0.23 mt) have been caught with a one-
fish daily bag limit. The Northern California Coast subarea will be
open May 1 and closing November 15, or until the allocation has been
attained, and a one-fish daily bag limit.
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 2024 Recreational Fishery Management Measures
As described above, NMFS proposes to implement recreational fishery
management measures, including season dates for the 2024 fishery,
consistent with the Council's recommendations in the 2024 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 on the Catch Sharing Plan framework and/or recommendations
received to date.
After the opportunity for public comment, including comments from
WDFW, ODFW, and CDFW after each state has concluded its public meetings
gathering input on season dates, 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.
2024 Annual Recreational Management Measures
NMFS proposes recreational fishing subareas, allocations, and
fishing dates as described below. These provisions may be modified
through inseason action consistent with 50 CFR 300.63(c). Inseason
actions taken by NMFS will be published in the Federal Register. In
addition to publication in the Federal Register, NMFS will make the
public aware of inseason management actions by a telephone hotline,
(206) 526-6667 or (800) 662-9825, and fishery bulletins administered
through email by NMFS West Coast Region. Since provisions of these
regulations may be changed by inseason actions, recreational anglers
are encouraged to monitor the telephone hotline and subscribe to
receive fishery bulletin emails for current information for the area in
which they are fishing. All recreational fishing in Area 2A is managed
on a ``port of landing'' basis, whereby any Pacific 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 subarea allocation for landings into ports in Puget Sound and
the U.S. waters in the Strait of Juan de Fuca will be provided in the
final rule based on the allocation formula in the Catch Sharing Plan.
(a) If the 2024 Area 2A FCEY is 1.3 million lbs (589.7 mt) or
greater, NMFS is proposing to open the Puget Sound and the U.S.
Convention Waters in the Strait of Juan de Fuca fishery on April 4
through June 30, 7 days a week. If the subarea allocation remains for
at least another full day of fishing after June 30, NMFS may take
inseason action to reopen the fishery in August, up to 7 days per week,
through September. The area will be closed when there is not sufficient
subarea allocation for another full day of fishing. If the 2024 Area 2A
FCEY is less than 1.3 million lbs (589.7 mt), then NMFS proposes to
open the fishery every Thursday, Friday, Saturday, Sunday, and Monday
from April 4 through June 30. If the subarea allocation remains for at
least another full day of fishing after June 30, NMFS may take inseason
action to reopen the fishery in August, up to 7 days per week, through
September. The area will be closed when there is not sufficient subarea
allocation for another full day of fishing. Any inseason action,
including closures, will be announced in accordance with Federal
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person.
Washington North Coast Subarea
The allocation for landings into ports in the Washington North
Coast subarea will be provided in the final rule based on the
allocation formula in the Catch Sharing Plan.
(a) If the Area 2A 2024 FCEY is greater than 1.3 million lbs (589.7
mt), NMFS is proposing to open the Washington North Coast fishery:
<bullet> every Thursday, Friday, and Saturday from May 2 through
May 18;
<bullet> Friday, May 24 and Sunday, May 26; and
<bullet> every Thursday, Friday, Saturday, and Sunday from May 30
through June 30.
If the subarea allocation remains for at least another full day of
fishing after June 30, NMFS may take inseason action to reopen the
fishery in August, up to 7 days per week, through September. The area
will be closed when there is not sufficient subarea allocation for
another full day of fishing. Any inseason action, including closures,
will be announced in accordance with Federal regulations at 50 CFR
300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
If the 2024 Area 2A FCEY is less than 1.3 million lbs (589.7 mt), then
NMFS is proposing to open the fishery:
<bullet> every Thursday and Saturday from May 2 through May 20;
<bullet> Friday, May 24 and Sunday, May 26;
<bullet> and every Thursday, Friday, Saturday, and Sunday from May
30 through June 30.
If the subarea allocation remains for at least another full day of
fishing after June 30, NMFS may take inseason action to reopen the
fishery in August, up to 7 days per week, through September. The area
will be closed when there is not sufficient subarea allocation for
another full day of fishing. Any inseason action, including closures,
will be announced in accordance with Federal regulations at 50 CFR
300.63(c)
[[Page 9108]]
and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person.
Washington South Coast Subarea
The allocation for landings into ports in the South Coast subarea
will be provided in the final rule based on the allocation formula in
the Catch Sharing Plan. The South Coast subarea has a primary and a
nearshore fishery.
(a) NMFS is proposing to open the Washington South Coast primary
fishery every Thursday, Sunday, and Tuesday from May 2 through May 21
and on Thursday, May 23. If sufficient subarea allocation remains, the
primary fishery will reopen June 13, 16, 18, 20, 23, 25, 27, and 30 or
until there is not sufficient subarea allocation for another full day
of fishing. If the subarea allocation remains for at least another full
day of fishing after June 30, NMFS may take inseason action to reopen
the fishery in August, up to 7 days per week, through September. The
area will be closed when there is not sufficient subarea allocation for
another full day of fishing. Any inseason action, including closures,
will be announced in accordance with Federal regulations at 50 CFR
300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
When the South Coast subarea primary fishery does not have
sufficient allocation to open for at least another full day of fishing,
any remaining primary fishery allocation will be used to open a
nearshore fishery. The nearshore fishery will open the first Saturday
after the closure of the primary fishery and will be open 7 days per
week until there is not sufficient nearshore fishery allocation
remaining for another full day of fishing, at which point the area will
be closed. Any inseason action 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.
If the primary fishery is closed prior to September 30 and there is
not sufficient allocation remaining for at least a full day of fishing
in the nearshore fishery, NMFS may take inseason action to transfer any
remaining subarea allocation to another Washington coastal subarea, in
accordance with Federal regulations at 50 CFR 300.63(c).
(b) The daily bag limit is one Pacific halibut of any size per
person.
Columbia River Subarea
The allocation for landings into ports in the Columbia River
subarea will be provided in the final rule based on the allocation
formula in the Catch Sharing Plan. The Columbia River subarea has an
all-depth fishery and a nearshore fishery.
(a) For the all-depth fishery, NMFS proposes to open the fishery as
follows:
<bullet> every Thursday, Sunday, and Tuesday from May 2 through May
21;
<bullet> Thursday, May 23 and Sunday, May 26; and
<bullet> every Thursday, Sunday, and Tuesday from May 30 through
June 30.
If the subarea allocation remains for at least another full day of
fishing after June 30, NMFS may take inseason action to reopen the
fishery in August, up to 7 days per week, through September. The area
will be closed when there is not sufficient subarea allocation for
another full day of fishing. Any remaining subarea allocation may be
transferred inseason to other Washington or Oregon subareas by NMFS in
proportion to the allocation formula in the Catch Sharing Plan, in
accordance with Federal regulations at 50 CFR 300.63(c). Any inseason
action, including closures and reallocation, 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.
For the nearshore fishery, NMFS is proposing to open the fishery
every Monday, Tuesday, and Wednesday from May 6 through September 30
until there is not sufficient nearshore fishery allocation remaining
for another full day of fishing, at which point the area will be
closed. Any closure will be announced in accordance with Federal
regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at (206)
526-6667 or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person.
Oregon Central Coast Subarea
The allocation for landings into ports in the Oregon Central Coast
subarea will be provided in the final rule based on the allocation
formula in the Catch Sharing Plan. The Oregon Central Coast subarea has
a nearshore, a spring all-depth, and a summer all-depth fishery.
(a) The allocation to the nearshore fishery will be provided in the
final rule based on the allocation formula in the Catch Sharing Plan.
NMFS is proposing to open the nearshore fishery 7 days per week from
May 1 through October 31 if the nearshore fishery allocation is 25,000
lbs (11.3 mt) or more or from June 1 through October 31 if the
nearshore fishery allocation is less than 25,000 lbs (11.3 mt). The
area will be closed when there is not sufficient subarea allocation for
another full day of fishing. Any closure will be announced in
accordance with Federal regulations at 50 CFR 300.63(c)(3) and on the
NMFS hotline at (206) 526-6667 or (800) 662-9825.
The allocation to the spring all-depth fishery will be provided in
the final rule based on the allocation formula in the Catch Sharing
Plan. If the spring all-depth fishery the allocation is greater than
100,000 lbs (45.4 mt), NMFS is proposing to open the spring all-depth
fishery up to 7 days per week from May 1 through July 31. The area will
be closed when there is not sufficient subarea allocation for another
full day of fishing. If the spring all-depth fishery allocation is
100,000 lbs (45.4 mt) or less, NMFS is proposing to open the fishery
every Thursday, Friday and Saturday from May 9 through July. The area
will close when there is not sufficient subarea allocation for another
full day of fishing. Any closure will be announced in accordance with
Federal regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at
(206) 526-6667 or (800) 662-9825.
The allocation to the summer all-depth fishery will be provided in
the final rule based on the allocation formula in the Catch Sharing
Plan. If the overall Area 2A allocation is 700,000 lbs (317.5 mt) or
greater and the summer all-depth fishery allocation is less than 60,000
lbs (27.2 mt), NMFS is proposing to open the summer all-depth fishery
every Friday and Saturday from August 2 through October 31. The area
will close when there is not sufficient subarea allocation for another
full day of fishing. If the summer all-depth fishery allocation is
60,000 lbs (27.2 mt) or greater, NMFS proposes to open the summer all-
depth fishery every other Thursday, Friday, and Saturday from August 1
through October 31. The area will close when the remaining combined
spring all-depth fishery and summer all-depth fishery allocations in
the Oregon Central Coast subarea is not sufficient for another full day
of fishing. Any closure will be announced in accordance with Federal
regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at (206)
526-6667 or (800) 662-9825.
NMFS may take inseason action to reopen the summer all-depth
fishery if sufficient subarea allocation remains for additional fishing
days after the first scheduled open period, August 2-3. If, after
August 3, 60,000 lbs (27.2 metric tons (mt)) or more remains from the
combined nearshore, spring all-depth, and summer all-depth fishery
allocations, NMFS may take inseason action to reopen the summer all-
depth fishery every Thursday, Friday, and Saturday beginning August 15
and/or
[[Page 9109]]
allow fishing up to 7 days a week beginning September 1 through October
31 or until there is not sufficient subarea allocation remaining for
another full day of fishing, at which point the fishery will be closed.
If, after September 3, 30,000 lbs (13.6 mt) or greater remains from the
combined nearshore, spring all-depth, and summer all-depth fishery
allocations and the summer all-depth fishery is not already open every
Thursday, Friday and Saturday, NMFS may take inseason action to reopen
the summer all-depth fishery every Thursday, Friday, and Saturday
beginning September 5 through October 31 until there is not sufficient
subarea allocation for another full day of fishing, at which point the
area will be closed. NMFS will announce when the summer all-depth
fishery will reopen and the bag limit in accordance with Federal
procedures at 50 CFR 300.63(c) and on the NMFS hotline (206) 526-6667
or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person. If the Central Oregon Coast subarea allocation (all-depth and
nearshore combined) is 200,000 lbs (90.7 mt) or greater, NMFS may take
inseason action to set the daily bag limit at two fish per day. NMFS
will announce bag limits in accordance with Federal procedures at 50
CFR 300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
Southern Oregon Coast Subarea
The allocation for landings into ports in the Southern Oregon
subarea will be provided in the final rule based on the allocation
formula in the Catch Sharing Plan.
(a) NMFS is proposing to open the fishery May 1 through October 31
or until there is not sufficient subarea allocation for another full
day of fishing, at which point the area will be closed. Any closure
will be announced in accordance with Federal regulations at 50 CFR
300.63(c)(3) and on the NMFS hotline at (206) 526-6667 or (800) 662-
9825.
(b) The daily bag limit is one Pacific halibut of any size per
person unless otherwise specified through inseason action. NMFS will
announce any bag limit changes in accordance with Federal procedures at
50 CFR 300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-
9825.
Northern California Coast Subarea
The Northern California Coast subarea is located south of the OR/CA
border (42[deg]00.00' N lat.) to Point Arena (38[deg]57.5' N lat.). The
allocation for landings into ports in the Northern California Coast
subarea will be provided in the final rule based on the allocation
formula in the Catch Sharing Plan.
(a) NMFS is proposing to open the fishery May 1 through November 15
or until there is not sufficient subarea allocation for another full
day of fishing, at which point the area will be closed. NMFS will
announce any closure in accordance with Federal procedures at 50 CFR
300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person.
South of Point Arena Subarea
The South of Point Arena subarea is located south of Point Arena
(38[deg]57.5' N lat.) to the U.S./Mexico border. The allocation for
landings into ports in the South of Point Arena subarea will be
provided in the final rule based on the allocation formula in the Catch
Sharing Plan.
(a) NMFS is proposing to open the fishery May 1 through December 31
or until there is not sufficient subarea allocation for another full
day of fishing, at which point the area will be closed. NMFS will
announce any closure in accordance with Federal procedures at 50 CFR
300.63(c)(3) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
(b) The daily bag limit is one Pacific halibut of any size per
person.
Additional Recreational Management Measures
In addition to the state-specific recreational fishing measures
described above, NMFS also proposes to create a new management
provision that would allow NMFS to take inseason action to reallocate
or transfer anticipated uncaught recreational fishery allocation \1\
between states for 2024 and beyond. At the June 2023 Council meeting,
it was identified that, in recent years, under-attainment of the state
recreational fishery allocations has occurred. During the same meeting,
the Groundfish Advisory Subpanel and the Salmon Advisory Subpanel
supported the development of an inseason management provision that
would allow for transfer of the unused recreational fishery allocation
between all the states to better utilize the Area 2A FCEY.
---------------------------------------------------------------------------
\1\ Recreational subarea allocations are in net pounds, the
weight of Pacific halibut that is without gill and entrails, head-
off, washed and without slime and ice.
---------------------------------------------------------------------------
While each year NMFS, in working with the Council and states,
establishes state-specific season structures and management measures
intended to fully attain the state's recreational fishery allocation
and management objectives, partial attainment of a state recreational
fishery allocation may occur, which contributes to lower attainment of
the overall Area 2A FCEY. Certain existing inseason action provisions
were intended as tools to achieve full attainment, such as modifying
bag limits or the transfer of uncaught allocations within the
Washington subareas and from the Columbia River subarea to other
Washington and Oregon subareas as specified at 50 CFR 300.63(c)(6).
However, under-attainment of the state recreational fishery allocations
has still occurred despite these efforts to modify management measures
inseason to meet the needs of the fishery.
To address under-attainment of the state recreational fishery
allocations, the Council, states, and advisory bodies, through the
Council's public process at the September and November 2023 meetings,
developed the framework for a new type of inseason action to transfer
anticipated uncaught recreational allocation between states for greater
utilization of overall Area 2A recreational allocation by providing
additional angler opportunity across a larger portion of the coast
later in the season. This framework was included in the recommendation
to NMFS as part of the 2024 recreational fishery management measures.
Under this proposed inseason action provision, if, through
consultation with an applicable state, NMFS determines that a state
will be unable or unlikely to attain their originally established
recreational allocation for that fishing year, then NMFS may transfer
any anticipated uncaught recreational fishery allocation between
states. Under such a scenario, NMFS would reallocate the net pounds
available equally to each of the other two states. Should one state
decline any portion of the additional allocation or NMFS determined
that a receiving state would not be able to fully utilize the
additional allocation, a portion or the full amount of the anticipated
uncaught recreational fishery subarea allocation would go to the
remaining state. NMFS will announce any inseason action in accordance
with Federal procedures at 50 CFR 300.63(c)(6) and on the NMFS hotline
(206) 526-6667 or (800) 662-9825.
At the September and November Council meetings CDFW proposed, and
Council subsequently recommended to NMFS, to establish a new management
line at Point Arena, CA (38[deg]57.5' N lat.) and create two subareas
off California. The area between the OR/CA border (42[deg]00.00' N
lat.) and Point Arena would be called the Northern California
[[Page 9110]]
Coast subarea. The area south of Point Arena would be called the South
of Point Arena subarea. The area represented by the proposed Northern
California Coast subarea is where the majority of targeted recreational
fishing for Pacific halibut occurs off California. The intent of
proposing the new South of Point Arena subarea is to be able to
structure management in this area to better accommodate the de minimis
retention of Pacific halibut catch that occurs in recreational
fisheries not directly targeting Pacific halibut in this area.
Additionally, the proposed season structure for the South of Point
Arena subarea includes opening May 1 and closing December 31, or until
there is not sufficient subarea allocation remaining for another full
day of fishing and the area is therefore closed, and a one-fish daily
bag and possession limit. This proposed closing date of December 31 is
46 days later in the year than has been past practice and what is
proposed to be maintained for the Northern California Coast subarea,
May 1 through November 15. NMFS would announce any closure in
accordance with notice procedures at 50 CFR 300.63(c)(3) and on the
NMFS hotline (206) 526-6667 or (800) 662-9825. The CDFW proposal and
Council recommendation also includes a 500 lbs (0.23 mt) subarea
allocation for the South of Point Arena subarea to be subtracted from
the California recreational fishery allocation, with the remainder of
the California recreational fishery allocation to be assigned to the
Northern California Coast subarea.
The establishment of these two subareas, including the separate
subarea allocations and closure dates, are intended to allow anglers
along more of the California coast access to the California
recreational allocation while reducing the potential for regulatory
discarding. In recent years, the California recreational fishery has
closed in late July/early August. During the summer Pacific halibut are
known to be encountered in other non-Pacific halibut directed
recreational fisheries in the proposed subarea south of Point Arena.
Due to the California recreational fishery typically closing in early
summer, these encountered fish must be released. By reserving a de
minimis allocation to allow for retention in non-Pacific halibut
directed recreational fisheries, the proposed subarea south of Point
Arena is intended to prevent potential discard while maintaining the
conservation of Pacific halibut and providing angler opportunity.
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 charter boats targeting Pacific halibut 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).
This proposed rule would revise various recreational fishing
management measures, add an inseason mechanism to transfer anticipated
uncaught recreational fishery allocation between states, and establish
a new management line at Point Arena, CA, creating two subareas with
separate allocations within California. This proposed rule would open
the recreational fishery with 2024 season dates and subarea allocations
impacting charter boats, anglers, and businesses relying on
recreational fishing across all of 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 Pacific halibut fisheries
off the West Coast. Since this action will only impact recreational
charter vessels in Area 2A (no commercial fishing entities are directly
affected by this rule), which are small entities, none of these changes
will have a disproportionately negative effect on small entities versus
large entities. Private vessels used for recreational fishing are not
businesses and are therefore not included in the RFA analysis.
In 2023, NMFS issued 136 licenses to the charter boat fleet for
Area 2A. Recent information on charter boat activity is not available;
however, historically, approximately 60 percent of charter boat license
holders have participated in the Pacific halibut recreational fishery.
Thus, based on historical information, NMFS assumes a majority of
license holders may be affected by these regulations as those vessels
operate in Area 2A. The major effect of Pacific halibut management on
small entities (i.e., profitability) will be from the catch limit
decisions (i.e., FCEYs) made by the IPHC at its annual meeting January
22-26, 2024, a decision independent from this proposed action. This
proposed action would implement non-controversial management measures
that NMFS believes will provide increased recreational opportunities
under the IPHC allocations with minimal positive economic effects.
Therefore, the proposed rule is unlikely to affect the profitability of
the recreational fishery or the small charter fishing businesses that
target Pacific halibut.
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: January 30, 2024.
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. 300.63 revise paragraphs (c)(5)(iii), (6)(i)(F), (ii)(E)
through (G) to read as follows:
[[Page 9111]]
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(c) * * *
(5) * * *
(iii) California. The California recreational fishery is divided
into the following subareas:
(A) Northern California Coast Subarea. The Northern California
Coast subarea is located south of the OR/CA border (42[deg]00.00' N
lat.) to Point Arena (38[deg]57.5' N lat.).
(B) South of Point Arena Subarea. The South of Point Area subarea
is located south of Point Arena (38[deg]57.5' N lat.) to the U.S./
Mexico border.
(6) * * *
(i) * * *
(F) If any state is projected to not utilize its respective
recreational allocation by the end of the fishing season, NMFS may take
inseason action to transfer any projected unused allocation to another
state. After a state notifies NMFS of the amount of their recreational
subarea allocation in net pounds that is projected to be unused after
accounting for state management objectives, NMFS may take inseason
action to reallocate the amount of net pounds available equally to the
other two states. If a state eligible to receive the additional pounds
declines all or part of the additional pounds, or NMFS determines a
state is unlikely to use additional allocation, a portion or the full
amount of the remainder would go to the other state.
(ii) Inseason management provisions include, but are not limited
to, the following:
* * * * *
(E) Modification of state recreational allocation, including a
shift in recreational allocation from one state to another;
(F) Modification of subarea allocation; and
(G) 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).
* * * * *
[FR Doc. 2024-02220 Filed 2-8-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 9, 2024.
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.