Proposed Rule2024-30430
Pacific Halibut Fisheries of the West Coast; 2025 Catch Sharing Plan and Recreational Fishery Management Measures
Primary source
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Published
December 26, 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 2025 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 from the Northern California subarea to the South of Point Arena subarea. 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 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104959-104964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30430]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 241216-0328]
RIN 0648-BN41
Pacific Halibut Fisheries of the West Coast; 2025 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 2025
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 from the
Northern California subarea to the South of Point Arena subarea. 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
January 27, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NMFS-2024-0139">https://www.regulations.gov/docket/NMFS-2024-0139</a>. You may submit
comments on this document, identified by NOAA-NMFS-2024-0139, by either
of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0139 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: Comments sent by any other method, to any other
address or
[[Page 104960]]
individual, or received after the end of the comment period, may not be
considered by NMFS. All comments received are a part of the public
record and will generally be posted 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 will be 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/2024-pacific-halibut-recreational-fishery">https://www.fisheries.noaa.gov/action/2024-pacific-halibut-recreational-fishery</a>
and at the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>. Other
comments received may be accessed through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Melissa Mandrup, phone: 562-980-3231
or email: <a href="/cdn-cgi/l/email-protection#b2dfd7dedbc1c1d39cdfd3dcd6c0c7c2f2dcddd3d39cd5ddc4"><span class="__cf_email__" data-cfemail="355850595c4646541b58545b51474045755b5a54541b525a43">[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), including
adopting regulations to carry it out (16 U.S.C. 773c). Additionally,
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 IPHC
regulations (id. 773c(c)).
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). The
IPHC will hold its annual meeting January 27-31, 2025, where it is
anticipated that they will recommend the Area 2A catch limit, also
known as the Fishery Constant Exploitation Yield (FCEY). 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 2025 TCEY and
FCEY for Area 2A, as well as other applicable Area 2A allocations that
are established by the IPHC in accordance with the Area 2A Catch
Sharing Plan (CSP), will be published as part of a separate rulemaking.
These allocations, in net weight,\1\ will be based on IPHC's
recommended 2025 Area 2A FCEY and will be subject to acceptance by the
Secretary of State with concurrence by the Secretary of Commerce.
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\1\ ``Net weight'' of a Pacific halibut means the weight of
Pacific halibut that is without gills and entrails, head-off,
washed, and without ice and slime. If a Pacific halibut is weighed
with the head on or with ice and slime, the required conversion
factors for calculating net weight are a 2 percent deduction for ice
and slime and a 10 percent deduction for the head (IPHC Fisheries
Regulations, 2024).
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Since 1988, the Pacific Fishery Management Council (Council) has
developed a CSP 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 CSP and
implemented annual rules containing annual management measures
consistent with the CSP. In 1995, the Council recommended and NMFS
approved a long-term Area 2A CSP (60 FR 14651, March 20, 1995). NMFS
has been approving adjustments to the Area 2A CSP based on Council
recommendations each year to address the changing needs of these
fisheries. While the full CSP 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 2024 meeting to the 2025 Area 2A CSP. The recommended
changes to the 2025 CSP were developed through the Council's public
process over multiple meetings. This rule also proposes to implement
recreational Pacific halibut fishery management measures for 2025,
which include season opening and closing dates consistent with 2025 CSP
as modified by the Council's November 2024 recommendations.
Proposed Changes to the 2025 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 CSP for consideration by
the Council. At the September 2024 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 CSP for
the fisheries that occur off of their respective coasts.
At its November 2024 meeting, the Council considered the results of
State-sponsored workshops on the proposed changes to the CSP, along
with public input provided at the September and November 2024 Council
meetings, and made its recommendations for modifications to the CSP.
NMFS proposes to approve all the Council's recommended changes to the
CSP, which are discussed below.
1. 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, the
Council recommended that NMFS notice the dates for the first three
openers in the Federal Register prior to the start of the season for
the non-Tribal directed commercial fishery, with two weeks between
first and second opener and no more than 3 weeks between any following
openers.
2. In section 6.9.2(d) of the CSP, the Council recommended that
NMFS revise the season structure in the Washington North Coast subarea
to allow for fishing on the Saturday of Memorial Day Weekend if the 2A
FCEY is at least 1.3 million pounds (lb) or 589.7 metric tons (mt) and
up to 3 days per week in June if the Area 2A FCEY is less than 1.3
million lb (589.7 mt).
2. In section 6.9.3(d) of the CSP, the Council recommended that
NMFS revise the season structure in the Washington South Coast subarea
to include the Sunday of Memorial Day Weekend.
3. In section 6.10(d) of the CSP, the Council recommended that NMFS
revise the season structure in the Columbia River subarea to allow for
2 additional days be added to the 3-day opener in June depending on the
remaining allocation for the subarea.
[[Page 104961]]
4. In section 6.11(d) of the CSP, the Council recommended that NMFS
revise the allocations and season structure in the Oregon Central Coast
subarea to allow more of the Central Coast allocation to be for the
all-depth fisheries (i.e., spring and summer) as opposed to the
nearshore fishery, additional flexibility in the number of days per
opener, and for the summer all-depth fishery to be open beginning
August 1 every week or every other week depending on the remaining
allocation for the subarea.
5. In sections 6.8.1 and 6.12 of the CSP, the Council recommended
that NMFS allow for inseason transfers of the Northern California
allocation to the South of Point Arena subarea. Specifically, in
section 6.8.1(f), the Council recommended that NMFS allow for an
inseason transfer of any projected unused Northern California subarea
allocation by the season ending date of November 15 from the Northern
California subarea to the South of Point Arena subarea. For section
6.12(f), the Council recommended that NMFS allow for an inseason
transfer (i.e., any time prior to November 15) of any projected unused
Northern California subarea allocation to the South of Point Arena
subarea.
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 CSP 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 2025 Recreational Fishery Management Measures
As described above, NMFS proposes to implement recreational fishery
management measures, including season dates for the 2025 fishery,
consistent with the Council's recommendations. The CSP 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. In addition, the final
dates will be based on the 2025 FCEY Area 2A allocation, which is
issued as described above. However, this proposed rule contains
preliminary dates based on the CSP framework and/or recommendations
received to date.
After the opportunity for public comment, including comments from
WDFW, ODFW, and CDFW, and after each State has concluded its public
meetings gathering input on season dates, NMFS will publish a final
rule approving the CSP and promulgating the annual management measures
for the Area 2A recreational fishery, as appropriate and required by
implementing regulations at 50 CFR 300.63(c)(1). If there is any
discrepancy between the CSP and Federal regulations, Federal
regulations take precedence.
2025 Annual Recreational Management Measures
NMFS proposes recreational fishing subareas, allocations, and
fishing dates as described below. Fishery and subarea allocations are
provided in net weight. 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, in net weight, 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 CSP.
(a) If the 2025 Area 2A FCEY is 1.3 million lb (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 3
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 Puget Sound
subarea season is closed prior to September 30 and there is
insufficient allocation for an additional fishing day, then any
remaining Puget Sound subarea allocation may be transferred inseason to
another Washington coastal subarea by NMFS.
If the 2025 Area 2A FCEY is less than 1.3 million lb (589.7 mt),
then NMFS proposes to open the fishery every Thursday, Friday,
Saturday, Sunday, and Monday from April 3 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. If the Puget Sound subarea season is closed prior to
September 30 and there is insufficient allocation for an additional
fishing day, then any remaining Puget Sound subarea allocation may be
transferred inseason to another Washington coastal subarea by NMFS.
Any inseason action, including closures and intrastate subarea
allocation transfers, 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 CSP.
(a) If the Area 2A 2025 FCEY is greater than 1.3 million lb (589.7
mt), NMFS is proposing to open the Washington North Coast fishery:
<bullet> May 1, 2, 3, 8, 9, 10, 15, 16, 17 (Thursday, Friday,
Saturday),
<bullet> May 23, 24, 25 (Friday, Saturday, Sunday--Memorial Day
weekend),
<bullet> May 29, 30, 31 (Thursday, Friday, Saturday),
<bullet> June 1, 5, 6, 7, 8, 12, 13, 14, 15, 19, 20, 21, 22, 26,
27, 28, 29 (Thursday, Friday, Saturday, Sunday).
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 fishery is closed prior to
September 30 and there is insufficient allocation remaining to reopen
for another fishing day, then any remaining allocation may be
transferred inseason to another Washington coastal subarea by NMFS. Any
inseason action, including closures, will be announced
[[Page 104962]]
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 2025 Area 2A FCEY is less than 1.3 million lb (589.7 mt),
then NMFS is proposing to open the fishery:
<bullet> May 1, 3, 8, 10, 15, 17 (Thursday, Saturday),
<bullet> May 23 and May 25 (Friday, Sunday--Memorial Day weekend),
<bullet> May 29, 31 (Thursday, Saturday),
<bullet> June 5, 6, 7, 12, 13, 14, 19, 20, 21, 26, 27, 28
(Thursday, Friday, Saturday).
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 fishery is closed prior to
September 30 and there is insufficient allocation remaining to reopen
for another fishing day, then any remaining allocation may be
transferred inseason to another Washington coastal subarea by NMFS.
Any inseason action, including closures and intrastate subarea
allocation transfers, 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 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 CSP. The South Coast subarea has a primary and a nearshore fishery.
(a) NMFS is proposing to open the Washington South Coast primary
fishery:
<bullet> May 1, 4, 6, 8, 11, 13, 15, 18, 20, 22, 25, 27, 29
(Thursday, Sunday, Tuesday),
<bullet> June 12, 15, 17, 19, 22, 24, 26, 29 (Thursday, Sunday,
Tuesday).
The fishery will close when 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 and intrastate subarea allocation
transfers, 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 0to 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.
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.
Any inseason action, including closures and intrastate subarea
allocation transfers, 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.
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 CSP. The Columbia River subarea has an all-depth fishery
and a nearshore fishery.
If the 2025 2A FCEY is at least 1.3 million lb (589.7 mt), NMFS
proposes to open the all-depth fishery as follows:
<bullet> May 1, 2, 4, 8, 9, 11, 15, 16, 18, 22, 23, 25, 29, 30
(Thursday, Friday, Sunday),
<bullet> June 1, 5, 6, 8, 12, 13, 15, 19, 20, 22, 26, 27, 29
(Thursday, Friday, Sunday).
If at least 55 percent of the Columbia River subarea allocation
remains as of May 25, 2025, then NMFS may take inseason action to allow
the all-depth fishery open the following additional days:
<bullet> June 9, 10, 16, 17, 30 (Monday and Tuesday).
If the 2025 2A FCEY is less than 1.3 million lb (589.7 mt), NMFS
proposes to open the all-depth fishery as follows:
<bullet> May 1, 2, 4, 8, 9, 11, 15, 16, 18, 22, 23, 25, 29, 30
(Thursday, Friday, Sunday),
<bullet> June 1, 5, 6, 8, 12, 13, 15, 19, 20, 22, 26, 27, 29
(Thursday, Friday, Sunday).
The nearshore fishery will be open Monday through Wednesday
following the opening of the all-depth fishery until the nearshore
allocation is taken or September 30, whichever is earlier. On days when
the all-depth halibut fishery is closed, taking, retaining, possessing,
or landing halibut on groundfish trips is only allowed in the nearshore
area.
If the subarea allocation remains for at least another full day of
fishing after June 30, NMFS may take inseason action to reopen the
nearshore 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 CSP, 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.
(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 CSP. The Oregon Central Coast subarea has a nearshore, a
spring all-depth, and a summer all-depth fishery.
(a) If the FCEY is 1.2 million lb (544.3 mt) or greater, NMFS
proposes 10,000 lb (4.5 mt) of the Central Coast subarea allocation be
allocated to the nearshore fishery. If the FCEY is between 700,000 lb
(317.5 mt) and 1.2 million lb (544.3 mt), NMFS proposes to allocate 25
percent of the Central Coast subarea allocation to the nearshore
fishery. If the FCEY is less than 700,000 lb (317.5 mt), NMFS proposes
to allocate 12 percent of the Central Coast subarea allocation to the
nearshore fishery. For the season structure, NMFS proposes to open the
nearshore fishery 7 days per week from May 1 through October 31 if the
nearshore fishery allocation is 25,000 lb (11.3 mt) or more, or from
June 1 through October 31 if the nearshore fishery allocation is less
than 25,000 lb (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.
If the FCEY is 1.2 million lb (544.3 mt) or greater, NMFS proposes
75 percent of the Central Coast subarea allocation be allocated to the
spring all-
[[Page 104963]]
depth fishery. If the FCEY is between 700,000 lb (317.5 mt) and 1.2
million lb (544.3 mt), NMFS proposes to allocate 63 percent of the
Central Coast subarea allocation to the spring all-depth fishery. If
the FCEY is less than 700,000 lb (317.5 mt), NMFS proposes to allocate
75 percent of the Central Coast subarea allocation to the spring all-
depth fishery. 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. 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.
If the FCEY is 700,000 lb (317.5 mt) or greater, NMFS proposes 25
percent of the Central Coast subarea allocation be allocated to the
summer all-depth fishery. If the FCEY is less than 700,000 lb (317.5
mt) the summer all-depth fishery will not open. Should the summer all-
depth fishery receive an allocation, NMFS is proposing to open the
summer all-depth fishery from August 1 through October 31. The area
will close when there is not sufficient subarea allocation for another
full day of fishing. At the close of the spring all-depth fishery (July
31), if there is 50,000 lb (22.7 mt) or more allocation remaining, NMFS
proposes to open the summer all-depth fishery 7 days a week, every
week, from August 1 through October 31. If there is is less than 50,000
lb (22.7 mt) allocation remaining, NMFS proposes to open the summer
all-depth fishery 7 days a week, every other week, from August 1
through October 31. If the entire Central Oregon Coast subarea
allocation is 30,000 lb (13.6 mt) or more following Labor Day Weekend,
the summer all-depth season will be open every week. The subarea 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.
(b) The daily bag limit is two Pacific halibut of any size per
person.
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 CSP.
(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 two Pacific halibut of any size per
person.
Northern California Coast Subarea
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 CSP.
(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 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 CSP.
(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 add an inseason provision for
the California recreational subareas to provide for transfer of any
projected unused Northern California subarea allocation to the South of
Point Arena subarea prior to or by the end of the Northern California
fishing season (November 15). The transfer of projected unused
recreational fishery subarea allocation within a State is not a new
concept in Area 2A as both Oregon and Washington have similar
provisions. These changes are primarily intended to provide more
opportunities for anglers to achieve but not exceed applicable
allocations and were widely supported by stakeholders at multiple
Council meetings.
While each year, in working with the Council and States, NMFS
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.
As a way to address potential under-attainment of the State
recreational fishery allocations in future years, the Council
recommended adding an inseason provision for the California
recreational subareas to transfer any projected unused Northern
California subarea allocation to the South of Point Arena subarea.
Therefore, through this action, NMFS proposes an inseason provision,
through consultation with CDFW, where if NMFS determines that the
Northern California subarea will be unable or unlikely to attain their
originally established recreational subarea allocation for that fishing
year, then NMFS may transfer any projected unused Northern California
subarea allocation to the South of Point Arena subarea prior to or by
the end of the Northern California fishing season (November 15). 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.
In previous years, the California recreational fishery has closed
in late July/early August due to the fishery attaining their allocation
from catches in what is now the Northern California subarea. However,
in 2024, the Northern California subarea allocation was approximately
50 percent attained by the end of the season (November 15). During the
summer, Pacific halibut are known to be encountered in other non-
Pacific halibut directed recreational fisheries in the south of Point
Arena subarea. Allowing the transfer of any projected unused Northern
California subarea allocation to the South of Point Arena subarea prior
to or by the end of the season could provide additional opportunities
for anglers and charter operations across more of the State and
[[Page 104964]]
later in the season. The inseason transfer of allocation among a
State's subareas is seen as valuable tool in attaining the State
recreational fishery allocations and the full Area 2A allocation.
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 vessels 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 open the 2025 Area 2A Pacific halibut
recreational fishery and establish season dates and subarea
allocations. Additionally, this proposed rule would add an inseason
management provision for the California recreational fishery to
transfer any projected unused Northern California subarea allocation to
the South of Point Arena subarea. These changes were uncontroversial
throughout the Council's public process, and overall participation in
the recreational fisheries is not expected to change.
This action would affect anglers, charter vessels (which are small
entities), and small businesses relying on recreational fishing across
all of Area 2A. There are no large entities involved in the Pacific
halibut fisheries off the West Coast, and no commercial fishing
entities are directly affected by this rule. 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 2024, NMFS issued 77 permits to the charter vessel fleet for
Area 2A. NMFS anticipates a similar number of permits to be issued in
2025 and assumes a majority of permit 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 27-31, 2025, 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: December 16, 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, redesignate paragraphs (c)(6)(i)(E) and (F) to
(c)(6)(i)(F) and (G) and add new paragraph (c)(6)(i)(E), to read as
follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(c) * * *
(6) * * *
(i) * * *
(E) If the Northern California recreational (sport) subarea is not
projected to utilize its respective allocation prior to or by the
season ending date, NMFS may take inseason action to transfer any
projected unused allocation to the South of Point Arena subarea.
* * * * *
[FR Doc. 2024-30430 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-22-P
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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.