Rule2025-05585
Pacific Halibut Fisheries of the West Coast; 2025 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
April 2, 2025
Effective
April 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule approves changes to the Pacific Halibut Catch Sharing Plan (CSP) for the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California. In addition, the rule implements new management measures for the 2025 recreational fisheries in Area 2A, including the recreational fishery season open dates and subarea allocations for Area 2A. This action also adds a new inseason management provision that explicitly allows for the inseason transfer of 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, while providing additional angler opportunity to achieve the Area 2A allocation set by the IPHC.
Full Text
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<title>Federal Register, Volume 90 Issue 62 (Wednesday, April 2, 2025)</title>
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[Federal Register Volume 90, Number 62 (Wednesday, April 2, 2025)]
[Rules and Regulations]
[Pages 14422-14425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05585]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250327-0056]
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: Final rule.
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SUMMARY: This final rule approves changes to the Pacific Halibut Catch
Sharing Plan (CSP) for the International Pacific Halibut Commission's
(IPHC) regulatory Area 2A off Washington, Oregon, and California. In
addition, the rule implements new management measures for the 2025
recreational fisheries in Area 2A, including the recreational fishery
season open dates and subarea allocations for Area 2A. This action also
adds a new inseason management provision that explicitly allows for the
inseason transfer of 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,
while providing additional angler opportunity to achieve the Area 2A
allocation set by the IPHC.
DATES: This rule is effective April 3, 2025.
ADDRESSES: This rule is accessible via the Office of the Federal
Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>. Background
information is available at the NMFS West Coast Region website at
<a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a> and the Catch Sharing
Plan and other related documents at the Pacific Fishery Management
Council's (Council) website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Melissa Mandrup, phone: 562-980-3231
or email: <a href="/cdn-cgi/l/email-protection#a9c4ccc5c0dadac887c4c8c7cddbdcd9e9c7c6c8c887cec6df"><span class="__cf_email__" data-cfemail="1a777f767369697b34777b747e686f6a5a74757b7b347d756c">[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 Halibut Act gives relevant regional fishery management councils the
authority to develop regulations governing Pacific halibut fishing in
U.S. waters that are in addition to, and not in conflict with, approved
IPHC regulations, which ``shall only be implemented with the approval
of the Secretary.'' (Id. 773c(c)). The statute also provides that 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. (Id. 773b).
The annual management measures are then published in the Federal
Register (50 CFR 300.62).
At its annual meeting held January 27-31, 2025, the IPHC adopted an
Area
[[Page 14423]]
2A catch limit, also known as the fishery constant exploitation yield
(FCEY), of 1.53 million pounds (lb) or 694.0 metric tons (mt) of
Pacific halibut. The FCEY was derived from the total constant
exploitation yield (TCEY) of 1.65 million lb (748.4 mt) for Area 2A,
which includes commercial discards and bycatch estimates calculated
using a formula developed by the IPHC. The Area 2A TECY, FCEY and
commercial and recreational fishery allocations (in net weight \1\)
were adopted by the IPHC and were accepted by the Secretary of State,
with concurrence from the Secretary of Commerce on March 14, 2025. This
final rule implements the 2025 recreational fishery subarea allocations
(e.g., Washington North Coast subarea, Oregon Central Coast subarea,
Northern California Coast subarea) for Area 2A based on the 2025 Area
2A FCEY, which was adopted by the IPHC and published in the Federal
Register on March 21, 2025 (90 FR 13293). Additionally, the March 21,
2025, final rule (90 FR 13293) contains annual domestic management
measures (e.g., logbook requirements) and IPHC regulations that are
published each year under NMFS's authority to implement the Halibut
Convention (50 CFR 300.62).
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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'' (<a href="https://www.iphc.int/uploads/2025/02/IPHC-Fishery-Regulations-2025-5-Feb-2025.pdf">https://www.iphc.int/uploads/2025/02/IPHC-Fishery-Regulations-2025-5-Feb-2025.pdf</a>).
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Since 1988, the CSP has allocated the IPHC regulatory Area 2A
Pacific halibut FCEY between treaty Tribal and non-Tribal harvesters
and among non-Tribal commercial and recreational (sport) fisheries. At
50 CFR 300.63 et seq., NMFS has implemented certain provisions of the
CSP. NMFS also issues rules containing annual management measures
consistent with the CSP. In 1995, a long-term Area 2A CSP took effect
(60 FR 14651, March 20, 1995). NMFS has been promulgating 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: <a href="https://www.pcouncil.org/managed_fishery/pacific-halibut/">https://www.pcouncil.org/managed_fishery/pacific-halibut/</a>.
This rule finalizes changes to the 2025 Area 2A CSP, which were
developed through the Council's public process over multiple meetings.
The changes to the CSP were detailed in the proposed rule and are not
repeated here (89 FR 104959, 104960-104961 (December 26, 2024)).
This rule also implements the 2025 recreational Pacific halibut
fishery management measures, which include season opening and closing
dates, bag limits, and a new inseason provision for the California
recreational subareas that allows for 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 Northern California
fishing season (November 15).
These management measures are consistent with the recommendations
made by the Council for the 2025 CSP and the season dates recommended
by the Oregon Department of Fish and Wildlife (ODFW) during the
proposed rule's public comment period.
2025 Annual Recreational Management Measures
This rule finalizes recreational fishery management measures
consistent with the revisions to the 2025 CSP. If there is any
discrepancy between the CSP and regulations, the regulations take
precedence. These provisions may be modified through inseason action
consistent with 50 CFR 300.63(c). All recreational fishing in Area 2A
is managed on a ``port of landing'' basis, whereby any halibut landed
into a port counts toward the allocation for the area in which that
port is located, and the regulations governing the area of landing
apply, regardless of the specific area of catch. The 2025 recreational
fishing subareas, allocations (in net weight), fishing dates, and daily
bag limits are described below.
Washington Puget Sound and the U.S. Convention Waters in the Strait of
Juan de Fuca
The Pacific halibut recreational fishing allocation for landings
into ports in Puget Sound and the U.S. waters in the Strait of Juan de
Fuca subarea is 79,772 lb (36.2 mt).
(a) The Puget Sound subarea is open 7 days a week 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 subarea will close 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 published in the Federal Register
in accordance with 50 CFR 300.63(c)(6)(iii) and provided/announced 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 is 130,409 lb (59.2 mt).
(a) The Washington North Coast fishery is open:
<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); and
<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 and intrastate subarea allocation
transfers, will be published in the Federal Register in accordance with
50 CFR 300.63(c)(6)(iii) and provided/announced on the NMFS hotline at
(206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is one Pacific halibut of any size per
person.
Washington South Coast Subarea
The Pacific halibut recreational fishing allocation for landings
into ports in the Washington South Coast subarea is 65,117 lb (29.5
mt).
(a) The Washington South Coast primary fishery is open:
<bullet> May 1, 4, 6, 8, 11, 13, 15, 18, 20, 22, 25, 27, 29
(Thursday, Sunday, Tuesday); and
<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
[[Page 14424]]
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 published in the Federal
Register in accordance with 50 CFR 300.63(c)(6)(iii) and provided/
announced 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 seven 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 published in the Federal Register in
accordance with 50 CFR 300.63(c)(6)(iii) and provided/announced on the
NMFS hotline at (206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is one Pacific halibut of any size per
person.
Columbia River Subarea
The Pacific halibut recreational fishing allocation for landings
into ports in the Columbia River subarea is 19,087 lb (8.7 mt), with
18,587 lb (8.4 mt) allocated to the all-depth fishery and 500 lb (0.2
mt) allocated to the nearshore fishery.
(a) The all-depth fishery is open:
<bullet> May 1, 2, 4, 8, 9, 11, 15, 16, 18, 22, 23, 25, 29, 30
(Thursday, Friday, Sunday); and
<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 to open the following additional days:
<bullet> June 9, 10, 16, 17, 30 (Monday and Tuesday).
If the all-depth fishery 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.
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.
Once the Columbia River subarea is closed, any remaining Columbia
River 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 subarea
allocation transfers, will be published in the Federal Register in
accordance with 50 CFR 300.63(c)(6)(iii) and provided/announced on the
NMFS hotline at (206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is one Pacific halibut of any size per
person.
Oregon Central Coast Subarea
The Pacific halibut recreational fishing allocation for landings
into ports in the Oregon Central Coast subarea is 295,367 lb (134.0
mt). The nearshore fishery allocation is 10,000 lb (4.5 mt), the spring
all-depth fishery allocation is 207,768 lb (94.2 mt), and the summer
all-depth fishery allocation is 59,256 lb (26.9 mt).
(a) The nearshore fishery is open 7 days a week from May 1 through
October 31. The area will close when there is not sufficient subarea
allocation for another full day of fishing. Any inseason action,
including closures, will be published in the Federal Register in
accordance with 50 CFR 300.63(c)(6)(iii) and provided/announced on the
NMFS hotline at (206) 526-6667 or (800) 662-9825.
The spring all-depth fishery is open 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 closures will
be published in the Federal Register in accordance with 50 CFR
300.63(c)(6)(iii) and provided/announced on the NMFS hotline at (206)
526-6667 or (800) 662-9825.
The summer all-depth fishery is open 7 days a week 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 inseason action, including closures, will be published
in the Federal Register in accordance with 50 CFR 300.63(c)(6)(iii) and
provided/announced on the NMFS hotline at (206) 526-6667 or (800) 662-
9825; and
(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 is 8,000 lb (3.6 mt).
(a) The fishery is open 7 days a week from May 1 through October
31. The area will close when there is not sufficient subarea allocation
for another full day of fishing. Any inseason action, including
closures, will be published in the Federal Register in accordance with
50 CFR 300.63(c)(6)(iii) and provided/announced on the NMFS hotline at
(206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is two Pacific halibut of any size per
person.
Northern California Coast Subarea
The Pacific halibut recreational fishing allocation for landings
into ports in the Northern California Coast subarea is 39,280 lb (17.8
mt).
(a) The fishery is open 7 days a week from May 1 through November
15. If the Northern California 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. The area will close when there is not
sufficient subarea allocation for another full day of fishing. Any
inseason action, including closures, will be published in the Federal
Register in accordance with 50 CFR 300.63(c)(6)(iii) and provided/
announced on the NMFS hotline at (206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is one Pacific halibut of any size per
person.
South of Point Arena Subarea
The Pacific halibut recreational fishing allocation for landings
into ports in the South of Point Arena subarea is 500 lb (0.2 mt).
(a) The fishery is open 7 days a week from May 1 through December
31. The area will close when there is not sufficient subarea allocation
for another full day of fishing. Any inseason action, including
closures, will be published in the Federal Register in accordance with
50 CFR 300.63(c)(6)(iii) and provided/announced on the NMFS hotline at
(206) 526-6667 or (800) 662-9825; and
(b) The daily bag limit is one Pacific halibut of any size per
person.
Comments and Responses
NMFS published a proposed rule on December 26, 2024 (89 FR 104959)
and
[[Page 14425]]
requested public comments on the 2025 Area 2A CSP and the proposed 2025
annual management measures. NMFS received one responsive comment and
that was from the ODFW.
Comment 1: ODFW submitted a comment recommending the 2025 Central
Oregon Coast subarea's spring all-depth recreational fishery season
dates and bag limits be those that were included in the proposed rule:
May 1-July 31 and 2-fish bag limit. Similarly, ODFW recommended the bag
limit for the Southern Oregon subarea to be the proposed 2-fish bag
limit. ODFW's recommendations for season dates and bag limits are based
on the feedback from a public meeting ODFW conducted following the IPHC
annual meeting, as well as on past fishing effort and harvest rates,
other fishing opportunities, potential for adverse weather impacts on
fishing, and the risk of exceeding the combined spring and summer all-
depth fishery allocations.
Response: NMFS appreciates ODFW's public outreach and its
recommendations for proposed season dates and bag limits.
Classification
This final rule is consistent with section 773 of the Halibut Act,
which gives relevant regional fishery management councils the authority
to develop regulations governing Pacific halibut fishing in U.S. waters
that are in addition to, and not in conflict with, approved IPHC
regulations, and that ``shall only be implemented with the approval of
the Secretary.'' (Id. 773c(c)).
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is being issued in
compliance with E.O. 14192.
NMFS finds good cause to waive the 30-day delay in the date of
effectiveness and make the 2025 Area 2A recreational fishery management
measures (i.e., season dates and bag limits) in this rule effective in
time for the start of the recreational Pacific halibut fisheries off
the coasts of Washington, Oregon and California, on April 3, 2025,
pursuant to 5 U.S.C. 553(d)(3). Delaying the effective date of the
annual management measures would be contrary to the public interest.
This rule implements 2025 Area 2A subarea allocations as published in
the proposed rule (89 FR 104959; December 26, 2024) for the
recreational Pacific halibut fishery, based on the formulas set in the
CSP and using the 2025 Area 2A FCEY for Pacific halibut set by the IPHC
and accepted by the Secretary of State, with concurrence from the
Secretary of Commerce on March 14, 2025. The compressed timeline
necessitated by the processes outlined in the Halibut Act makes it
impossible for NMFS to delay the effective date and still allow for a
timely start to the fishing season.
Moreover, a delayed effective date is not necessary to provide
sufficient notice to the fishing community. The rule does not make
changes that would require fishery participants to purchase new gear or
make other time-consuming changes. The final rule is virtually
unchanged from the proposed rule. NMFS received one comment from ODFW
in response to the proposed rule; the comment expressed support for the
proposed management measures and no changes were necessary to
accommodate the comment.
In light of the compressed timeline necessitated by the Halibut Act
processes and the similarity between the proposed and final rules, NMFS
finds good cause to waive the 30-day delay in effective date pursuant
to 5 U.S.C. 553(d)(3). This final rule also lifts restrictions on
fishing, and thus a 30-day delay in effectiveness is not required
pursuant to 5 U.S.C. 553(d)(1).
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 for purposes of the Regulatory Flexibility Act. 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 for this action and none was prepared.
This final 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: March 27, 2025.
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) as
paragraphs (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. 2025-05585 Filed 4-1-25; 8:45 am]
BILLING CODE 3510-22-P
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