Rule2024-10185
Pacific Halibut Fisheries of the West Coast; Management Measures for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery
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
May 10, 2024
Effective
June 25, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing fishing periods and fishing period limits for the 2024 Pacific halibut non-tribal directed commercial fishery off the West Coast south of Point Chehalis, WA. This action establishes two fishing periods, June 25-27 and July 9-11, 2024. NMFS is also implementing vessel catch limits applicable to eight vessel size classes. These actions are intended to conserve Pacific halibut and provide fishing opportunity where available.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40417-40419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10185]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240506-0128; RTID 0648-XD634]
Pacific Halibut Fisheries of the West Coast; Management Measures
for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing fishing periods and fishing period limits
for the 2024 Pacific halibut non-tribal directed commercial fishery off
the West Coast south of Point Chehalis, WA. This action establishes two
fishing periods, June 25-27 and July 9-11, 2024. NMFS is also
implementing vessel catch limits applicable to eight vessel size
classes. These actions are intended to conserve Pacific halibut and
provide fishing opportunity where available.
DATES: This rule is effective on June 25, 2024.
FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region,
NMFS, (360) 320-6549, <a href="/cdn-cgi/l/email-protection#442c2125302c21366a222d30272c042a2b25256a232b32"><span class="__cf_email__" data-cfemail="234b4642574b46510d454a57404b634d4c42420d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k)
(Halibut Act), 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 (Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a Protocol Amending the Convention
(March 29, 1979).
The Secretary of State, with the concurrence of the Secretary of
Commerce and on behalf of the United
[[Page 40418]]
States, has accepted regulations recommended by the International
Pacific Halibut Commission (IPHC), in accordance with the Convention,
which govern the Pacific halibut fishery in all regulatory areas, and
include the 2024 catch limit for the Area 2A non-tribal directed
commercial fishery. The IPHC's Area 2A is located off the coasts of
Washington, Oregon and California, and includes the area south of Point
Chehalis, WA, (lat. 46[deg]53.30' N) to the U.S./Mexico border. NMFS
published the IPHC regulations in the Federal Register on March 18,
2024 (89 FR 19275) 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).
In accordance with 16 U.S.C. 773c(c) of the Halibut Act, the
Pacific Fishery Management Council (Council) developed a catch sharing
plan (CSP) guiding the framework distribution of the overall Area 2A
allocation of Pacific halibut across the various sectors. Based on the
2024 Area 2A fishery constant exploitation yield (FCEY) of 1.47 million
pounds (667 mt), net weight (i.e., the weight of Pacific halibut that
is without gills and entrails, head-off, washed, and without ice and
slime), and the allocation framework in the CSP, the non-tribal
directed commercial Pacific halibut fishery allocation for 2024 is
249,338 pounds (113 mt), net weight (89 FR 19275, March 18, 2024).
This final rule implements annual management measures for 2024 for
the directed commercial Pacific halibut fishery in Area 2A that are not
part of the annual IPHC regulations, specifically fishing periods and
fishing period limits. This final rule adopts, without changes, the
annual management measures from the proposed rule published on March
13, 2024 (89 FR 18368). Specifically, this action establishes two 58-
hour fishing periods and four fishing period limits (i.e. vessel catch
limits) across eight vessel size classes for both fishing periods.
Fishing Periods
Fishing periods, often referred to as fishery openers, are the
times during the IPHC coastwide commercial Pacific halibut season when
fishing in the non-tribal directed commercial Pacific halibut fishery
in Area 2A is allowed. NMFS is implementing two fishing periods open
for 58 hours each. The first fishing period will begin on June 25,
2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT. The
second fishing period will begin on July 9, 2024, at 8 a.m. PDT and
close on July 11, 2024, at 6 p.m. PDT.
Following the initial two fishing periods, NMFS will assess fishery
harvest and determine if the fishery has attained the non-tribal
directed commercial allocation. If harvest estimates indicate the
allocation has not been reached, NMFS may determine that subsequent
fishing period(s) are necessary to attain the allocation. If a third
fishing period occurs, it would occur no sooner than 3 weeks after the
second fishing period. A third fishing period, and any subsequent
fishing periods, would be announced in the Federal Register through
inseason action consistent with 50 CFR 300.63(e).
Fishing Period Limits
A fishing period limit, also called a vessel catch limit, is the
maximum amount of Pacific halibut that may be retained and landed by a
vessel during one fishing period. Each vessel may retain no more than
the current fishing period limit of Pacific halibut for its vessel
class, which is determined by vessel length. NMFS is implementing the
non-tribal directed commercial fishing period limits shown in table 1
below. Fishing period limits are intended to ensure that the Area 2A
directed commercial fishery does not exceed its allocation, while also
providing fair and equitable access across participants to an
attainable amount of harvest.
If NMFS determines that more than two fishing periods are
warranted, NMFS will set new associated fishing period limits and any
such fishing period limits for subsequent fishing periods will be set
equal across all vessel classes. Any subsequent fishing period limits
would be announced in the Federal Register through inseason action
consistent with 50 CFR 300.63(e).
2024 Non-Tribal Directed Commercial Fishery Fishing Periods and Fishing
Period Limits
The Area 2A non-tribal directed commercial fishery, which occurs
south of Point Chehalis, WA, (lat. 46[deg]53.30' N), will open on June
25, 2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT, and
will re-open on July 9, 2024, at 8 a.m. PDT and close on July 11, 2024,
at 6 p.m. PDT. The fishery's fishing periods may be adjusted inseason
consistent with 50 CFR 300.63.
Table 1--Fishing Period Limits by Size Class for the 2024 First and Second Fishing Periods of the Area 2A
Pacific Halibut Non-Tribal Directed Commercial Fishery
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Fishing period limit in
Vessel class Length range in feet (meters) pounds (mt)
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A........................................... 1-25 (0.3-7.8)...................... 1,800 (0.8164)
B........................................... 26-30 (7.9-9.3)..................... 1,800 (0.8164)
C........................................... 31-35 (9.4-10.9).................... 1,800 (0.8164)
D........................................... 36-40 (11.0-12.4)................... 3,000 (1.361)
E........................................... 41-45 (12.5-13.9)................... 3,000 (1.361)
F........................................... 46-50 (14.0-15.4)................... 3,800 (1.724)
G........................................... 51-55 (15.5-16.9)................... 3,800 (1.724)
H........................................... 56+ (17.0+)......................... 4,500 (2.041)
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Note: Fishing period limits are in dressed weight (head-on, with ice and slime).
Comments and Responses
NMFS published a proposed rule on March 13, 2024 (89 FR 18368) and
accepted public comments on the 2024 Area 2A Pacific halibut directed
commercial fishery annual management measures through April 12, 2024.
NMFS received one public comment.
Comment 1: NMFS received a comment from a member of the public
expressing the opinion that retention of a Pacific halibut weighing
over 150 pounds should not be allowed.
Response: Size limits were not within the scope of this action.
However, NMFS has determined that this action is based on the best
scientific information available. For 2024, the IPHC adopted a minimum
size limit for commercial fisheries in its annual management
[[Page 40419]]
measures (89 FR 19275, March 9, 2024). In addition, the IPHC previously
examined maximum size limits \1\ and is conducting ongoing research
activities examining factors that influence Pacific halibut biomass.
Consistent with its statutory and other obligations, NMFS will continue
to keep abreast of the IPHC's ongoing research and ensure that its
regulatory actions, including its approval of annual Pacific halibut
management measures, are based on the best scientific information
available.
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\1\ Stewart, I., A. Hicks, and B. Hutniczak. 2020. Evaluation of
directed commercial fishery size limits in 2020. IPHC-2021-AM097-09.
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Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) allows the Regional Council having authority for a particular
geographical area to develop regulations governing the allocation and
catch of Pacific halibut in U.S. Convention waters as long as those
regulations do not conflict with IPHC regulations.
This final rule is exempt from review under Executive Order 12866
because this action contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 773-773k.
Dated: May 6, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-10185 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-22-P
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