Proposed Rule2025-05939
Pacific Halibut Fisheries of the West Coast; Management Measures for the Area 2A Pacific Halibut Directed Commercial Fishery
Primary source
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Published
April 8, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is proposing annual management measures for the 2025 non- Tribal directed commercial Pacific halibut fishery that operates south of Point Chehalis, WA, (lat. 46[deg]53.30' N) in the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California. Annual management measures include fishing periods and fishing period limits. NMFS is also proposing to modify permit deadlines for all Area 2A non-Tribal commercial fisheries and modify inseason action announcement procedures for the Area 2A non- Tribal directed commercial fishery. These actions are intended to conserve Pacific halibut and provide fishing opportunity where available.
Full Text
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<title>Federal Register, Volume 90 Issue 66 (Tuesday, April 8, 2025)</title>
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[Federal Register Volume 90, Number 66 (Tuesday, April 8, 2025)]
[Proposed Rules]
[Pages 15129-15132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05939]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250402-0060; RTID 0648-BN54]
Pacific Halibut Fisheries of the West Coast; Management Measures
for the Area 2A Pacific Halibut Directed Commercial Fishery
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 is proposing annual management measures for the 2025 non-
Tribal directed commercial Pacific halibut fishery that operates south
of Point Chehalis, WA, (lat. 46[deg]53.30' N) in the International
Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington,
Oregon, and California. Annual management measures include fishing
periods and fishing period limits. NMFS is also proposing to modify
permit deadlines for all Area 2A non-Tribal commercial fisheries and
modify inseason action announcement procedures for the Area 2A non-
Tribal directed commercial fishery. These actions are intended to
conserve Pacific halibut and provide fishing opportunity where
available.
DATES: Comments must be received by May 8, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0014">https://www.regulations.gov/docket/NOAA-NMFS-2025-0014</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0014, by
any 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 type NOAA-NMFS-2025-0014 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method 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 proposed rule is accessible 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 Directed Commercial Fishery website at <a href="https://www.fisheries.noaa.gov/action/2025-pacific-halibut-directed-commercial-fishery">https://www.fisheries.noaa.gov/action/2025-pacific-halibut-directed-commercial-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: Heather Fitch, West Coast Region,
NMFS, (360) 867-8608, <a href="/cdn-cgi/l/email-protection#167e7377627e736438707f62757e567879777738717960"><span class="__cf_email__" data-cfemail="82eae7e3f6eae7f0ace4ebf6e1eac2ecede3e3ace5edf4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 15130]]
Background
The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k)
(Halibut Act) gives the Secretary of Commerce the responsibility of
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).
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 Halibut Act also provides that Regional Fishery Management
Councils may develop, and the Secretary of Commerce may implement,
regulations governing Pacific halibut fishing in U.S. waters that are
in addition to, and not in conflict with, approved IPHC regulations (16
U.S.C. 773c(c)). The Pacific Fishery Management Council (Council)
developed a catch sharing plan guiding the allocation of halibut across
the various sectors for the IPHC's regulatory Area 2A.
Fishery Allocation
At its annual meeting held January 27-31, 2024, the IPHC adopted an
Area 2A catch limit, called a fishery constant exploitation yield
(FCEY), of 1.53 million pounds (694 metric tons (mt)), net weight
(i.e., the weight of Pacific halibut that is without gills and
entrails, head-off, washed, and without ice and slime) of Pacific
halibut. Upon acceptance by the Secretary of State, with concurrence
from the Secretary of Commerce, the fishery allocations adopted by the
IPHC will be published in the Federal Register, in accordance with 50
CFR 300.62. The FCEY was derived from the total constant exploitation
yield (TCEY) of 1.65 million pounds (748 mt), net weight, for Area 2A,
which includes commercial discards and bycatch projections calculated
using a formula developed by the IPHC. Based on the FCEY for Area 2A
and the allocation framework in the Council's catch sharing plan the
non-Tribal directed commercial fishing allocation would be 259,515
pounds (118 mt), net weight for the 2025 fishing season.
Fishing Periods
Fishing periods, often referred to as fishery openers, are the time
during the annual commercial halibut season when fishing for non-Tribal
directed commercial Pacific halibut in Area 2A is allowed. At its
November 2024 meeting, the Council discussed the 2025 directed
commercial season structure and recommended that NMFS establish fishing
periods similar to those in the previous year. Specifically, the
Council recommended that the directed commercial fishery operate as a
series of 3-day (58-hour) openings, with the first fishing period
beginning at 8 a.m. (0800) Pacific Daylight Time (PDT) on the fourth
Tuesday in June and ending at 6 p.m. (1800) PDT on Thursday of that
week, and the second fishing period occurring 2 weeks later. The
Council also recommended that, if there is a third fishing period, it
would aim to be 2 weeks later, but no more than 3 weeks after the
second fishing, and that any subsequent fishing periods would occur as
soon as possible. In addition, the Council requested that all potential
season opening dates be specified at the outset of the fishing season.
Based on the Council's recommendations, NMFS is proposing the first
2025 directed commercial fishery fishing period to begin on June 24,
2025, at 8 a.m. PDT and closing on June 26, 2025, at 6 p.m. PDT. The
second fishing period would occur 2 weeks later, beginning on July 8,
2025, at 8 a.m. PDT and closing on July 10, 2025, at 6 p.m. PDT. If
another fishing period is necessary to reach attainment of the
allocation, NMFS is proposing that it would open, by inseason action, a
third fishing period occurring 2 weeks after the second fishing period,
beginning on July 22, 2025 at 8 a.m. PDT and closing on July 24, 2025
at 6 p.m. PDT. If subsequent fishing periods would be necessary to
reach the allocation, they would follow the same pattern, occurring 2
weeks after the previous fishing period, beginning on August 5, August
12, et cetera, as announced by inseason action. If for any reason a
fishing period is not opened as scheduled, NMFS would skip a fishing
period in order to follow the prescribed schedule.
After each fishing period, NMFS will assess the fishery harvest to
date and determine if the fishery has attained the 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. The third and subsequent fishing periods would be added
through inseason action.
Fishing periods may be adjusted inseason consistent with 50 CFR
300.63.
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 proposing directed
commercial fishing period limits, shown in table 1 below, for the first
two fishing periods, based on the 2025 directed fishery allocation, the
number of permits issued by vessel size class, and participation and
catch rates from prior years, in accordance with 50 CFR
300.63(e)(1)(ii).
For the 2025 fishing season, NMFS received 171 applications across
8 vessel size classes (A-H). Based on this number of permits and past
fishery participation, NMFS anticipates similar vessel participation as
has occurred in previous years. Therefore, NMFS is proposing that
fishing period limits be grouped the same way as was done in previous
years.
The directed commercial fishery allocation for 2025 is similar to
the allocations adopted for the previous 4 years. The average catch per
vessel in 2024 was similar to those in 2021 and 2022, but lower than in
2023. Therefore, given the similar allocations and given that expected
participation levels are similar to those in recent years, NMFS is
proposing fishing period limits similar to the fishing period limits
for 2021 and 2022. These fishing period catch 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 the fishing period limits for subsequent
fishing periods equal across all vessel classes through inseason
action. Fishing period limits for the second fishing period may also be
adjusted through inseason action, if necessary to avoid exceeding the
allocation.
Fishing period limits may be adjusted inseason consistent with 50
CFR 300.63.
[[Page 15131]]
Table 1--Fishing Period Limits by Size Class for the 2025 First and Second Fishing Periods of the Area 2A
Pacific Halibut Non-Tribal Directed Commercial Fishery
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Length range in Fishing period limit in
Vessel class feet (meters) pounds (mt)
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A................................................................. 1-25 (0.3-7.8) 2,000 (0.907)
B................................................................. 26-30 (7.9-9.3) 2,000 (0.907)
C................................................................. 31-35 (9.4-10.9) 2,000 (0.907)
D................................................................. 36-40 (11.0-12.4) 3,400 (1.542)
E................................................................. 41-45 (12.5-13.9) 3,400 (1.542)
F................................................................. 46-50 (14.0-15.4) 4,300 (1.950)
G................................................................. 51-55 (15.5-16.9) 4,300 (1.950)
H................................................................. 56+ (17.0+) 5,000 (2.268)
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Notes: Fishing period limits are in dressed weight (head-on, with ice and slime). If a vessel's size is between
lengths, its length will be rounded up for the purpose of fishing period limits.
Inseason Action Announcement Procedures
Currently, if it is determined necessary to establish additional
fishing periods beyond those established through proposed and final
rulemaking at the start of the year, then those fishing periods must be
announced through inseason actions published in the Federal Register
(50 CFR 300.63(e)(1)(iii) and 50 CFR 300.63(e)(2)(i)). NMFS is
proposing modifications to these inseason notice procedures by adding
direct email correspondence to the affected public as a form of notice.
Inseason actions will still be published in the Federal Register and
will also appear on the NMFS website. Inseason actions will be
effective upon the date and time of either the receipt of notice by the
direct email or publication in the Federal Register, whichever occurs
first. This proposed modification is intended to allow for quicker
inseason action, in order to be able to announce fishing periods with
sufficient advanced notice for operation planning purposes, while
maintaining a regular schedule of biweekly fishing periods to the
extent practicable.
Permit Deadlines
Permits are required for all vessels participating in the Area 2A
non-Tribal commercial directed and incidental Pacific halibut
fisheries. Vessels may not be permitted for both the Pacific halibut
fishery incidental to salmon troll and the directed commercial Pacific
halibut fishery. NMFS is proposing to move the permit deadline for all
Area 2A non-Tribal commercial fisheries from its current date of
February 15 to March 15. The current permit deadline occurs before the
Council's annual March meeting and, thus, before the annual salmon
troll seasons have been discussed. This leaves fishermen forced to
choose between participating in the Pacific halibut incidental to
salmon troll fishery or the directed commercial fishery before those
fishermen have an indication of what the U.S. West Coast salmon season
might look like.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council
(Council), the North Pacific Fishery Management Council, and the
Secretary of Commerce. Section 5 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
halibut in U.S. Convention waters as long as those regulations do not
conflict with IPHC regulations. This action is consistent with the
Council's authority to regulate the halibut fishery in the waters in
and off Washington, Oregon, and California.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and not a regulatory action under
Executive Order 14192.
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
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (North
American Industry Classification System code 114111) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The entities that would be affected by
the proposed action are those vessels that harvest Pacific halibut as
part of the non-Tribal directed commercial fisheries and are all
considered small businesses under the above size standards.
This proposed rule, if adopted, would implement management measures
for the Pacific halibut non-Tribal commercial fisheries in Area 2A. The
proposed management measures include: modified inseason announcement
procedures, as well as 2025 season dates and catch limits for the
directed commercial fishery. This proposed action would also make a
non-substantive change to the permit deadline for directed and
incidental commercial fisheries.
There are no large entities involved in Pacific halibut fisheries
off the West Coast. In 2024, NMFS issued 188 permits to the commercial
fishing fleet for the Area 2A non-Tribal directed commercial fishery.
Of those 188 vessels that obtained licenses, 46 percent (86 vessels)
participated in the fishery. NMFS expects that a similar proportion of
vessels will participate in the fishery this year and may be affected
by these regulations. Cost data for the harvesting operations of non-
Tribal commercial halibut vessels is limited or unavailable. For 2024,
the non-Tribal directed commercial fishery allocation was 249,338
pounds (113 mt), of which approximately 237,164 pounds (108 mt) of
Pacific halibut were harvested and resulted in a total fishery ex-
vessel value of approximately $1.56 million. Therefore, because the
entire projected fishery value falls below the limit of one vessel
being considered a small business, NMFS considers all vessels affected
by this action to be small entities.
The major effect of Pacific halibut management on small entities is
from
[[Page 15132]]
the Area 2A allocation decided by the IPHC; a decision independent from
this proposed action. This action proposes changes to the Area 2A
Pacific halibut non-Tribal commercial directed and incidental fisheries
consistent with recommendations from the Council to provide commercial
harvest opportunities under the allocations that result from the Area
2A catch limit determined by the IPHC. Profitability is largely based
on the total Area 2A allocation decided by the IPHC, with subarea
allocations determined based on the allocation formulae in the
Council's catch sharing plan. Therefore, the proposed rule, if adopted,
is unlikely to affect the profitability of the commercial fishery.
The Area 2A non-Tribal directed commercial fishery allocation for
2025 is 259,515 pounds (118 mt), net weight, which is 4 percent higher
than in 2024. This proposed rule, if adopted, is unlikely to affect
overall participation in the directed commercial fishery, as the
allocation is similar to allocations in previous years. Profitability
is dependent on the total amount of allocation available and market
forces independent of this action. It is therefore highly unlikely that
this proposed action would limit the fleet's potential profitability
from catching halibut compared to last season or recent catch levels,
as fishing periods and fishing period catch limits for 2025 are set
using similar considerations as in previous years. Accordingly, vessel
income from fishing is not expected to be altered as a result of this
proposed rule, if adopted, as it compares to recent catches in the
fishery, including under the previous season's regulations.
Based on the analysis above, the proposed action, if adopted, will
not have adverse economic impact on these small business entities. As a
result, an Initial Regulatory Flexibility Analysis is not required, and
none has been prepared.
This proposed rule contains no new 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: April 2, 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, revise paragraphs (d)(2)(ii)(A) and (B),
(e)(1)(iii), and (e)(2)(i), to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(d) * * *
(2) * * *
(ii) * * *
(A) Applications for permits for the directed commercial fishery in
Area 2A must be received by NMFS no later than 2359 PDT on March 15, or
by 2359 PDT the next business day in March if March 15 is a Saturday,
Sunday, or Federal holiday.
(B) Applications for permits that allow for incidental catch of
Pacific halibut during the salmon troll fishery or the sablefish
primary fishery in Area 2A must be received by NMFS no later than 2359
PDT March 15, or by 2359 PDT the next business day in March if March 15
is a Saturday, Sunday, or Federal holiday.
* * * * *
(e) * * *
(1) * * *
(iii) Inseason action to add fishing periods and associated fishing
period limits. Fishing periods in addition to those originally
implemented at the start of the fishing year may be warranted in order
to provide the fishery with opportunity to achieve the Area 2A directed
commercial fishery allocation, if performance of the fishery during the
initial fishing period(s) is different than expected and the directed
commercial allocation is not attained through the initial period(s). If
NMFS makes the determination that sufficient allocation remains to
warrant additional fishing period(s) without exceeding the allocation
for the Area 2A directed commercial fishery, the additional fishing
period(s) and fishing period limits may be added during the fishing
year. If NMFS determines fishing period(s) in addition to those
included in an annual management measures rule is warranted, NMFS will
send an email with notification of the inseason action to affected
permit holders. This action will also be published in the Federal
Register as soon as practicable. The inseason action will be effective
upon the earlier of either receipt of email of such notification, or
publication in the Federal Register. If the amount of directed
commercial allocation remaining is determined to be insufficient for an
additional fishing period, the allocation is considered to be taken and
the fishery will be closed, as described at paragraph (e)(2) of this
section.
(2) * * *
(i) If NMFS determines that the non-Tribal directed commercial
fishery has attained its annual allocation or is projected to attain
its allocation if additional fishing were to be allowed, the Regional
Administrator will take automatic action to close the fishery via email
to affected permit holders and announcement in the Federal Register.
Automatic closure of the non-Tribal directed commercial fishery will be
effective upon the earlier of either: receipt of email of such
notification, or publication in the Federal Register.
* * * * *
[FR Doc. 2025-05939 Filed 4-7-25; 8:45 am]
BILLING CODE 3510-22-P
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