Rule2025-11654
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
June 25, 2025
Effective
June 24, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing 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 implementing modified permit deadlines for all Area 2A non-Tribal commercial fisheries and is modifying 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 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Rules and Regulations]
[Pages 26931-26934]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11654]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250620-0102]
RIN 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: Final rule.
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SUMMARY: NMFS is implementing 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
implementing modified permit deadlines for all Area 2A non-Tribal
commercial fisheries and is modifying 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: This rule is effective on June 24, 2025.
FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region,
NMFS, (360) 867-8608, <a href="/cdn-cgi/l/email-protection#e189848095898493cf8788958289a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="1b737e7a6f737e69357d726f78735b75747a7a357c746d">[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 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 recommended by the
IPHC are published in the Federal Register through a NMFS rulemaking 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 recommend, 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.
The catch sharing plan is available on the Council's website at:
<a href="https://www.pcouncil.org/managed_fishery/pacific-halibut">https://www.pcouncil.org/managed_fishery/pacific-halibut</a>/.
[[Page 26932]]
Fishery Allocation
At its annual meeting held January 27-31, 2025, 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) for 2025. 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 is 259,515 pounds (118 mt), net weight
for the 2025 fishing season (90 FR 13293, March 21, 2025).
This final rule implements management measures for the 2025
directed commercial Pacific halibut fishery in Area 2A that are not
part of the annual IPHC regulations. This final rule adopts, without
changes, the management measures from the proposed rule published on
April 8, 2025 (90 FR 15129).
Fishing Periods
Fishing periods, often referred to as fishery openers, are the time
during the annual commercial Pacific halibut season when fishing for
non-Tribal directed commercial Pacific halibut in Area 2A is allowed.
This action implements two fishing periods. The first 58-hour fishing
period for the 2025 directed commercial fishery will begin on June 24,
2025, at 8 a.m. PDT and close on June 26, 2025, at 6 p.m. PDT. The
second fishing period will 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 attain the allocation, NMFS
intends to open a third fishing period on July 22, 2025 at 8 a.m. PDT
and closing on July 24, 2025 at 6 p.m. PDT, through inseason action. If
subsequent fishing periods are necessary to reach the allocation, NMFS
intends to have them follow the same pattern, occurring 2 weeks after
the previous fishing period (beginning on August 5, August 12, etc.),
as announced by inseason action. If it is determined that additional
fishing periods are warranted, and if for any reason a fishing period
cannot be scheduled on this two-week schedule, NMFS intends to skip a
fishing period in order to follow the outlined every two-week schedule.
NMFS will use email addresses obtained from 2025 Pacific halibut
directed commercial fishery permit applications for email notice of
inseason actions. Fishing periods may be added inseason consistent with
50 CFR 300.63(e)(1)(iii).
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 fishing period limit of Pacific halibut for its vessel class, which
is determined by vessel length. NMFS is implementing the directed
commercial fishing period limits, shown in table 1 below, for the first
2 fishing periods.
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 the fishing period limits for subsequent
fishing periods equal across all vessel classes through inseason action
consistent with 50 CFR 300.63(e)(1)(iii).
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 feet Fishing period limit in pounds
Vessel class (meters) (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
This action adds email as a means to notify the affected public of
an inseason action. Inseason actions will also be published in the
Federal Register and will 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.
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. This action implements a March 15 permit deadline for
all Area 2A non-Tribal commercial Pacific halibut fisheries.
Comments
NMFS published a proposed rule on April 8, 2025 (90 FR 15129) and
accepted public comments on the 2025 Area 2A Pacific halibut directed
commercial fishery annual management measures through May 8, 2025. NMFS
received one public comment. The comment spoke generally in support of
an annual management plan; however, it is not clear that the comment is
responsive to this rulemaking and the comment did not call for any
changes from the proposed rule. No comments in opposition to this
action were received.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of
[[Page 26933]]
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. Those regulations may only be implemented with the
approval of the Secretary of Commerce. Through this action, NMFS
approves and implements the Council's recommendations. Accordingly,
this action is consistent with both the Council's role and NMFS's
authority to regulate the halibut fishery in waters off Washington,
Oregon, and California.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date in order to open the Area 2A non-Tribal
directed Pacific halibut commercial fishery by June 24, 2025. This rule
implements Area 2A non-Tribal commercial fishery management measures as
published in the proposed rule (90 FR 15129; April 8, 2025), and based
on Council recommendations, following a public Council process. The
non-Tribal directed commercial Pacific halibut fishery had 97 vessels
participate in 2024, and similar participation is expected in 2025. A
delay in the effectiveness of these measures would result in the Area
2A Pacific halibut non-Tribal directed commercial fishery not being
opened on its intended timeline and, thus, the fishery not being open
on the dates that the affected public is expecting. Business decisions
have likely been made surrounding this fishery opening date. A delay
could cause economic harm to fishery participants and fishing
communities, and would be contrary to public interest. The management
measures were discussed at multiple Council meetings in 2024, which are
open to the public and where public comment was accepted. Additionally,
NMFS has determined that this rule qualifies for a waiver of the 30-day
delay in effective date pursuant to 5 U.S.C. 553(d)(1) because
participants would otherwise be unable to fish on the expected dates.
NMFS received one comment in response to the proposed rule. The
comment provided general support of an annual management plan; however,
it does not appear responsive to this rulemaking and the comment did
not call for changes from the proposed rule. No changes were made in
response to that comment.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866. This final rule is not an
E.O. 14192 regulatory action because this action is not significant
under E.O. 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
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. NMFS received one comment in response to the
proposed rule, which did not address the certification. As a result, a
regulatory flexibility analysis was not required for this action and
none was prepared.
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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: June 20, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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) * * *
[[Page 26934]]
(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 was 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. 2025-11654 Filed 6-24-25; 8:45 am]
BILLING CODE 3510-22-P
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