[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25317-25325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09231]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 200427-0121]
RIN 0648-BJ39
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements the Pacific Halibut Catch Sharing
Plan for the International Pacific Halibut Commission's regulatory Area
2A off Washington, Oregon, and California. In addition, this final rule
implements management measures that are not implemented through the
International Pacific Halibut Commission. These measures include the
recreational fishery seasons and allocations, and other management
measures for Area 2A, including some season dates that are different
than proposed. This rule also announces that it may be necessary to
further modify the opening dates or other fishing days for some
subareas shortly after the publication of this final rule, in response
to changes in state measures related to the spread of COVID-19. These
actions are intended to conserve Pacific halibut and provide angler
opportunity where available.
DATES: This rule is effective on April 30, 2020.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. For
information regarding all halibut fisheries and general regulations not
contained in this rule, contact the International Pacific Halibut
Commission, 2320 W. Commodore Way, Suite 300, Seattle, WA 98199-1287.
Electronic copies of the Regulatory Impact Review (RIR) and Final
Regulatory Flexibility Analysis (FRFA) prepared for this action may be
obtained by contacting Kathryn Blair, phone: 503-231-6858, email:
kathryn.blair@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
fax: 503-231-6893, or email: kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act (Halibut Act) of 1982 gives the
Secretary of Commerce (Secretary) responsibility for implementing the
provisions of the Halibut Convention between the United States and
Canada. 16 U.S.C. 773-773k. The Halibut Act requires that the Secretary
adopt regulations to carry out the purposes and objectives of the
Halibut Convention and Halibut Act 16 U.S.C. 773(c). The Halibut Act
also authorizes the regional fishery management councils to develop
regulations in addition to, but not in conflict with, regulations of
the International Pacific Halibut Commission (IPHC) to govern the
Pacific halibut catch in their corresponding U.S. Convention waters (16
U.S.C. 773c(c)).
At its annual meeting in February 2020, the IPHC recommended an
Area 2A catch limit of 1,500,000 pounds (lb) (680.4 metric tons (mt))
for 2020. This catch limit is derived from the total constant
exploitation yield (TCEY) of 1,650,000 lb (748.4 mt), which includes
commercial discards and bycatch estimates calculated using a formula
developed by the IPHC. The table below shows the fishery and subarea
allocations resulting from the framework described in the 2020 Area 2A
Catch Sharing Plan.
Table 1--Area 2A Catch Limit and Fishery Subarea Allocations for 2020
------------------------------------------------------------------------
Pounds Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................ 1,650,000 748.4
Area 2A Catch Limit..................... 1,500,000 680.4
Tribal commercial fishery............... 492,800 223.5
Incidental commercial catch during 70,000 31.8
sablefish fishery......................
Non-tribal directed commercial fishery.. 254,426 115.4
Incidental commercial catch during 44,899 20.4
salmon troll fishery...................
Washington recreational fishery--Puget 77,550 35.2
Sound..................................
[[Page 25318]]
Washington recreational fishery--North 128,187 58.1
Coast..................................
Washington recreational fishery--South 62,896 28.5
Coast..................................
Columbia River recreational fishery..... 18,450 8.4
Oregon recreational fishery--Central 271,592 123.2
Oregon.................................
Oregon recreational fishery--Southern 8,000 3.6
Oregon.................................
California recreational fishery......... 39,000 17.7
------------------------------------------------------------------------
The Area 2A catch limit, tribal commercial fishery allocation, and
commercial fishery allocations are adopted by the IPHC and were
published in the Federal Register on March 13, 2020 (85 FR 14586) after
acceptance by the Secretary of State in accordance with 50 CFR 300.62.
Since 1988, NMFS has implemented annual Catch Sharing Plans that
allocate the IPHC regulatory Area 2A Pacific halibut catch limit
between treaty Indian and non-Indian harvesters, and among non-Indian
commercial and recreational (sport) fisheries. The Pacific Fishery
Management Council (Council) develops Catch Sharing Plans in accordance
with the Halibut Act. In 1995, the Council recommended, and NMFS
approved and implemented a long-term Area 2A Catch Sharing Plan (60 FR
14651; March 20, 1995). NMFS has been implementing adjustments to the
Area 2A Catch Sharing Plan based on Council recommendations each year
to address the changing needs of these fisheries. While the full Catch
Sharing Plan is not published in the Federal Register, it is made
available on the Council and NMFS websites.
This rule adopts the Council's recommended changes to the Catch
Sharing Plan for IPHC regulatory Area 2A, which affect only the
recreational fishery. The Catch Sharing Plan changes provide more
opportunities for anglers in Washington and Oregon by remaining open
more days per week, opening up to one month earlier, and transferring
quota to the Columbia River from the Southern Oregon subarea in years
with a high catch limit. Details of these changes are described in the
proposed rule and are not repeated here.
In addition, this rule implements the recreational Pacific halibut
fishery management measures, such as season dates and some catch
limits, set in NMFS regulations and described in the proposed rule (85
FR 6883; February 6, 2020). These management measures are detailed in
the Council's recommended Catch Sharing Plan and were developed through
the Council's public process. This rule implements most of the 2020
dates for the recreational fisheries consistent with the Council's
recommendations as well as recommendations from Oregon, Washington, and
California that were received either during the Council process or
during the comment period for the proposed rule. However, this rule
implements season dates different from the proposed rule for the State
of Washington, in response to measures enacted due to the COVID-19
pandemic.
Regulatory Changes
This rule also revises some provisions of the regulations at 50 CFR
part 300, subpart E, for clarity and consistency. Regulations at 50 CFR
300.61 and 300.64 describe the usual and accustomed (U&A) fishing areas
of Indian tribes with treaty fishing rights to Pacific halibut. NMFS is
revising the definition of Subarea 2A-1 at 50 CFR 300.61 to a more
general description. At 50 CFR 300.64, NMFS is updating the table to
reflect a March 5, 2018, court decision revising the western boundaries
of the U&A fishing areas for the Quileute Indian Tribe and the Quinault
Indian Nation. United States v. Washington, 2:09-sp-00001-RSM, (W.D.
Wash. March 5, 2018) (Order Regarding Boundaries of Quinault and
Quileute U&As). The boundaries of other U&A fishing areas are not
affected by this rulemaking. At 50 CFR 300.63(d), NMFS is removing
cross-references to specific section numbers in IPHC regulations to
prevent inconsistency.
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, WA
The 2020 Catch Sharing Plan allows incidental halibut retention in
the sablefish primary fishery north of Pt. Chehalis, WA, when the
Washington recreational catch limit is 214,110 lb (101.7 mt) or
greater, provided that a minimum of 10,000 lb (4.5 mt) is available.
The Area 2A catch limit for 2020 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention in the sablefish primary
fishery, which is the maximum amount that may be allocated to the
sablefish fishery when the catch limit is 1,500,000 lb (680.4 mt) or
more. This limit was adopted as part of the rule published March 13,
2020 (85 FR 14586), and as shown in Table 1. Incidental halibut landing
restrictions in the sablefish fishery are recommended by the Council
and implemented in the groundfish regulations at 50 CFR
660.231(b)(3)(iv).
2020 Recreational Fishery Management Measures
The annual domestic management measures are published each year
through a final rule under NMFS' authority to implement the Halibut
Convention (50 CFR 300.62). For the 2020 fishing season, the final rule
for the commercial fisheries, IPHC regulations, and catch limits was
published on March 13, 2020 (85 FR 14586). The section numbers below
correspond to IPHC regulation sections in the March 13, 2020, final
rule.
NMFS is adopting recreational fishery management measures,
including season dates that are necessary to implement the Council's
recommended Catch Sharing Plan in 2020. The Catch Sharing Plan includes
a framework for setting fishing open days by subarea, and each state
submits final recommended season dates annually. While this rule
implements most season dates as recommended by the Council, some season
dates for the State of Washington are different from the proposed rule,
in response to measures enacted due to the COVID-19 pandemic. With the
exception of some Washington season dates, the recreational fishing
regulations for Area 2A are consistent with the measures adopted by the
IPHC and approved by the Secretary of State, but were developed in part
by the Council and promulgated by the United States under the Halibut
Act.
At the time of the publication of this rule, in response to the
spread of COVID-19, there are certain measures in place in the State of
Washington that would inhibit the accurate monitoring of the quota
allocations implemented through this action. Accurate monitoring and
catch accounting of the overall Area 2A allocation, as well subarea
allocations, is important for the
[[Page 25319]]
conservation and management of Pacific halibut and maintaining the
intended fishing opportunity provided by this rule. Specifically, State
port samplers are currently not being deployed to collect catch
information on recreational landings, and data collected by these
samplers is necessary to track the state and subarea catch allocations
and prevent overages. At the time of this publication, Washington has
announced that it anticipates keeping this restriction in place through
May 4, 2020. Based on this information, NMFS has determined that it is
necessary to implement an opening season date in Washington State
subareas such that the season will start on the next proposed open day
after May 4, 2020. For Washington subareas, the first open date is May
7, 2020. The largest difference in these dates compared to what was
proposed is for the Puget Sound subarea. Initially, the Puget Sound
subarea was proposed to open April 16, 2020, which would have been two
weeks earlier than the May 2, 2019, opening. In 2018, Washington
fisheries opened statewide May 11, therefore this change does not
result in a major difference compared with previous years' opening
dates.
State measures being put in place as a result of the COVID-19
pandemic are fluid, and it may be necessary to further modify the
opening dates or respond to a decrease in catch monitoring in other
subareas within Washington State, or California and Oregon shortly
after the publication of this final rule. Any such change will be
announced on the NMFS hotline at (206) 526-6667 or 800-662-9825. NMFS
is closely monitoring this situation and coordinating with all three of
the West Coast state fish and wildlife agencies, so that we can meet
conservation needs while also providing fishing opportunity.
This rule provides specific regulations, as referred to in
paragraph (7) of the 2020 IPHC regulations under the heading,
``Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2A'':
(8) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits are as follows, except as modified by an inseason action
consistent with 50 CFR 300.63(c). All sport fishing in Area 2A is
managed on a ``port of landing'' basis, whereby any halibut landed into
a port counts toward the quota 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.
(a) The quota for the area in Puget Sound and the U.S. waters in
the Strait of Juan de Fuca, east of a line extending from 48[deg]17.30'
N lat., 124[deg]23.70' W long. north to 48[deg]24.10' N lat.,
124[deg]23.70' W long., is 77,550 pounds (35.18 mt).
(i) The fishing seasons are:
(A) For the area in Puget Sound and the U.S. waters in the Strait
of Juan de Fuca, east of a line at approximately 123[deg]49.60' W
long., fishing is open May 7-9, 14-16, 22-24, 28-30; June 4-6, 11-13,
18-20, and 25-27, or until there is not sufficient quota for another
full day of fishing and the area is closed by the Commission. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825.
(B) For the area in U.S. waters in the Strait of Juan de Fuca,
approximately between 124[deg]23.70' W long. and 123[deg]49.60' W
long., fishing is open May 7, 9, 14, 16, 22, 23, 24, 28-30; June 4-6,
11-13, 18-20, and 25-27, or until there is not sufficient quota for
another full day of fishing and the area is closed by the Commission.
Any closure will be announced on the NMFS hotline at (206) 526-6667 or
800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(b) The quota for landings into ports in the area off the north
Washington coast, west of the line described in paragraph (2)(a) of
section 26 and north of the Queets River (47[deg]31.70' N lat.) (North
Coast subarea), is 128,187 pounds (58.14 mt).
(i) The fishing seasons are:
(A) Fishing is open May 7, 9, 14, 16, 22, 24, 28, 30; June 4, 6,
11, 13, 18, 20, 25, and 27, or until there is not sufficient quota for
another full day of fishing and the area is closed by the Commission.
Any closure will be announced on the NMFS hotline at (206) 526-6667 or
800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing with
recreational gear in the North Coast Recreational YRCA may not be in
possession of any halibut. Recreational vessels may transit through the
North Coast Recreational YRCA with or without halibut on board. The
North Coast Recreational YRCA is a C-shaped area off the northern
Washington coast intended to protect yelloweye rockfish. The North
Coast Recreational YRCA is defined in groundfish regulations at 50 CFR
660.70(b).
(c) The quota for landings into ports in the area between the
Queets River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA
(46[deg]38.17' N lat.)(South Coast subarea), is 62,896 pounds (28.53
mt).
(i) This subarea is divided between the all-depth fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N lat. south to 46[deg]58.00' N
lat. and east of a boundary line approximating the 30-fm (55-m) depth
contour. This area is defined by straight lines connecting all of the
following points in the order stated as described by the following
coordinates (the Washington South coast, northern nearshore area):
(1) 47[deg]31.70' N lat, 124[deg]37.03' W long;
(2) 47[deg]25.67' N lat, 124[deg]34.79' W long;
(3) 47[deg]12.82' N lat, 124[deg]29.12' W long;
(4) 46[deg]58.00' N lat, 124[deg]24.24' W long.
The primary fishery season dates are May 7, 10, 14, 17, 21; June
18, 21, 25, and 28, or until there is not sufficient quota for another
full day of fishing and the area is closed by the Commission. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825. If sufficient quota remains, the fishing season in the
nearshore area commences the Saturday subsequent to the closure of the
primary fishery and continues 7 days per week until 62,896 pounds
(28.53 mt) is projected to be taken by the two fisheries combined and
the fishery is closed by the Commission or September 30, whichever is
earlier. If the fishery is closed prior to September 30, and there is
insufficient quota remaining to reopen the northern nearshore area for
another fishing day, then any remaining quota may be transferred
inseason to another Washington coastal subarea by NMFS.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Seaward of the boundary line approximating the 30-fm (55-m)
depth contour and during days open to the primary fishery, lingcod may
be taken, retained and possessed when allowed by groundfish regulations
at 50 CFR 660.360.
(iv) Recreational fishing for groundfish and halibut is prohibited
within the South Coast Recreational YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing vessels to take and retain,
possess, or land halibut taken with recreational gear within the South
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not
be in possession of any halibut. Recreational vessels may transit
through the South Coast Recreational YRCA and Westport Offshore YRCA
with or without halibut
[[Page 25320]]
on board. The South Coast Recreational YRCA and Westport Offshore YRCA
are areas off the southern Washington coast established to protect
yelloweye rockfish. The South Coast Recreational YRCA is defined at 50
CFR 660.70(e). The Westport Offshore YRCA is defined at 50 CFR
660.70(f).
(d) The quota for landings into ports in the area between
Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR
(45[deg]46.00' N lat.)(Columbia River subarea), is 18,450 pounds (8.37
mt).
(i) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 500 lb (0.23 mt)
of the subarea allocation. The nearshore fishery extends from
Leadbetter Point (46[deg]38.17' N lat., 124[deg]15.88' W long.) to the
Columbia River (46[deg]16.00' N lat., 124[deg]15.88' W long.) by
connecting the following coordinates in Washington: 46[deg]38.17' N
lat., 124[deg]15.88' W long. 46[deg]16.00' N lat., 124[deg]15.88' W
long. and connecting to the boundary line approximating the 40-fm (73-
m) depth contour in Oregon. The nearshore fishery opens May 4, and
continues on Monday, Tuesday, and Wednesday each week until the
nearshore allocation is taken, or September 30, whichever is earlier.
The all-depth fishing season is open April 30; May 3, 7, 10, 14, 17,
21, 28, 31; June 4, 7, 11, 14, 18, 21, 25, and 28, or until there is
not sufficient quota for another full day of fishing and the area is
closed by the Commission, or September 30, whichever is earlier. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825. Subsequent to this closure, if there is insufficient quota
remaining in the Columbia River subarea for another fishing day, then
any remaining quota may be transferred inseason to another Washington
and/or Oregon subarea by NMFS. Any remaining quota would be transferred
to each state in proportion to its contribution.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Pacific Coast groundfish may not be taken and retained,
possessed or landed when halibut are on board the vessel, except
sablefish, Pacific cod, flatfish species, and lingcod caught north of
the Washington-Oregon border during the recreational halibut fishery,
when allowed by Pacific Coast groundfish regulations, during days open
to the all-depth fishery only.
(iv) Taking, retaining, possessing, or landing halibut on
groundfish trips is only allowed in the nearshore area on days not open
to all-depth Pacific halibut fisheries.
(e) The quota for landings into ports in the area off Oregon
between Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain
(42[deg]40.50' N lat.) (Oregon Central Coast subarea), is 271,592
pounds (123.19 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences May
1, and continues 7 days a week, in the area shoreward of a boundary
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 32,591 pounds
(14.8 mt), or any inseason revised subquota, is estimated to have been
taken and the season is closed by the Commission, or October 31,
whichever is earlier. The boundary line approximating the 40-fm (73-m)
depth contour between 45[deg]46.00' N lat. and 42[deg]40.50' N lat. is
defined at Sec. 660.71(o).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 14, 15, 16; 21, 22, 23; 28, 29, 30; June
11, 12, 13; 18, 19, 20; and July 9, 10, 11. The allocation to the all-
depth fishery is 171,103 pounds (77.6 mt). If sufficient unharvested
quota remains for additional fishing days, the season will re-open July
23, 24, 25. Notice of the re-opening will be announced on the NMFS
hotline (206) 526-6667 or (800) 662-9825.
(C) The third season (summer season), which is for the ``all-
depth'' fishery, will be August 6, 7, 8; 20, 21, 22; September 3, 4, 5;
17, 18, 19; October 1, 2, 3; 15, 16, 17; 29, 30, 31; and will continue
until the combined spring season and summer season quotas in the area
between Cape Falcon and Humbug Mountain, Oregon, are estimated to have
been taken and the area is closed by the Commission. NMFS will announce
on the NMFS hotline in July whether the fishery will re-open for the
summer season in August. Additional fishing days may be opened if
sufficient quota remains after the last day of the first scheduled open
period. If, after this date, an amount greater than or equal to 60,000
lb (27.2 mt) remains in the combined all-depth and inside 40-fm (73-m)
quota, the fishery may re-open every Thursday, Friday and Saturday,
beginning August 6, 7, and 8, and ending when there is insufficient
quota remaining, whichever is earlier. If after September 8, an amount
greater than or equal to 30,000 lb (13.6 mt) remains in the combined
all-depth and inside 40-fm (73-m) quota, and the fishery is not already
open every Thursday, Friday and Saturday, the fishery may re-open every
Thursday, Friday and Saturday, beginning September 10, 11, and 12, and
ending October 31. After September 8, the bag limit may be increased to
two fish of any size per person, per day. NMFS will announce on the
NMFS hotline whether the summer all-depth fishery will be open on such
additional fishing days, what days the fishery will be open and what
the bag limit is.
(ii) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline any bag limit changes.
(iii) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, no groundfish may be taken
and retained, possessed or landed, when halibut are on board the
vessel, except sablefish, Pacific cod, and flatfish species, when
allowed by groundfish regulations, if halibut are onboard the vessel.
During days open to all-depth halibut fishing when the groundfish
fishery is open to all depths, any groundfish species permitted under
the groundfish regulations may be retained, possessed or landed if
halibut are on board the vessel. During days open to nearshore halibut
fishing, flatfish species may be taken and retained seaward of the
seasonal groundfish depths restrictions, if halibut are on board the
vessel.
(iv) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(v) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is an area off central
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish.
The Stonewall Bank YRCA is defined at Sec. 660.70(g).
(f) The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg]40.50' N lat.) to the Oregon/California Border
(42[deg]00.00' N lat.) (Southern Oregon subarea) is 8,000 pounds (3.63
mt).
(i) The fishing season commences on May 1, and continues 7 days per
week until the subquota is taken, or October 31, whichever is earlier.
(ii) The daily bag limit is one halibut per person with no size
limit.
(iii) No Pacific Coast groundfish may be taken and retained,
possessed or
[[Page 25321]]
landed, except sablefish, Pacific cod, and flatfish species, in areas
closed to groundfish, if halibut are on board the vessel.
(g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N lat.) and along the California coast
is 39,000 pounds (17.69 mt).
(i) The fishing season will be open May 1 through October 31, or
until the subarea quota is estimated to have been taken and the season
is closed by the Commission, whichever is earlier. NMFS will announce
any closure by the Commission on the NMFS hotline (206) 526-6667 or
(800) 662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
Comments and Responses
NMFS accepted public comments on the Council's recommended
modifications to the 2020 Area 2A Catch Sharing Plan and the resulting
proposed domestic fishing regulations through March 9, 2020. NMFS
received two comments from State agencies- the Oregon Department of
Fish and Wildlife (ODFW) and the California Department of Fish and
Wildlife (CDFW), and one comment from a stakeholder.
Comment 1: ODFW submitted a comment recommending final recreational
fishing season dates for the 2020 season for the Central Oregon Coast
subarea. ODFW hosted a public meeting and an online survey following
the IPHC annual meeting. Based on stakeholder input, past effort, and
tides, ODFW recommended season dates for the spring and summer Central
Coast fisheries. For spring, fixed open dates on May 14, 15, 16; May
21, 22, 23; May 28, 29, 30; June 11, 12, 13; June 18, 19, 20; and July
9, 10, 11. ODFW recommended spring fishery backup dates on July 23, 24,
25. ODFW recommended summer fishery dates on August 6, 7, 8; August 20,
21, 22; September 3, 4, 5; September 17, 18,19; October 1, 2, 3;
October 15, 16, 17; and October 29, 30, 31; or until the total 2020
all-depth catch limit for the subarea is taken.
Response: NMFS concurs that the ODFW-recommended season dates are
appropriate. There are a few differences between the spring season
dates NMFS published in the proposed rule and those recommended by
ODFW. However, ODFW surveyed their stakeholders after the IPHC adopted
the catch limit for 2020 and considered stakeholder input, past effort
and tides in making their recommendation. NMFS has updated the
recreational fishery season dates off of Oregon to those recommended by
ODFW in this final rule.
Comment 2: CDFW submitted a comment concurring with the season
dates NMFS published in the proposed rule for the 2020 season. CDFW
hosted an online survey following the IPHC annual meeting. Based on
public comments received on Pacific halibut fisheries in California and
fishing performance in recent years, CDFW recommended season dates of
May 1-October 31, or until quota has been attained, whichever comes
first.
Response: NMFS concurs that these season dates are appropriate. The
catch limit for 2020 is the same as 2019, and the California catch
limit was not fully attained last year with the same season dates. NMFS
affirms the recreational fishery season dates off of California in this
final rule.
Comment 3: NMFS received one public comment in support of approving
the 2020 Pacific Halibut Catch Sharing Plan. This comment also
suggested further review of incidental catch and fostering input from
diverse groups of stakeholders.
Response: NMFS concurs that approving the 2020 Pacific Halibut
Catch Sharing Plan is appropriate. With regards to the commenters'
concern regarding the incidental catch distribution and stakeholder
opinion, although NMFS believes in the accuracy of the incidental catch
and has made various attempts, including taking public comment on the
proposed rule, to gain insight on the public's needs, we will continue
to review ways to ensure these two areas are as accurate as possible in
the future.
Changes From the Proposed Rule
As described in the response to Comment 1 above, NMFS changed
season dates off of Oregon in this final rule.
NMFS is also implementing season dates in the Washington subareas
such that the season will start on the next proposed open day after May
4, 2020. For Washington fisheries, the first open date is May 7, 2020.
The Puget Sound subarea dates are the most different than those
proposed. An opening date of April 16, 2020, was originally proposed
and would have resulted in the Puget Sound fishery opening two weeks
earlier than previous years, in an attempt to provide more angler
opportunity in an area that had low attainment in 2019. The other
Washington subareas will have two fewer fishing days than proposed and
would open around the same time as previous years. Therefore this is
not a significant change from previous years' opening dates.
The decision to modify the opening season date for Washington
subareas is a result of the various measures currently in place
associated with Washington State's ``Stay Home, Stay Healthy'' order.
Specifically, State port samplers are currently not being deployed to
collect catch information on recreational landings, and data collected
by these samplers is necessary to track the state and subarea catch
allocations and prevent overages. At this time, it is unclear when port
sampling will resume. WDFW has also closed all State recreational
fisheries through May 4, 2020. Therefore, unless that order is revised,
it is unlikely that samplers will begin working before that date. The
situation due to the COVID-19 pandemic remains fluid. While it appears
there will not be port sampling prior to May 5, 2020, port sampling is
carried out by the State and may be revised quickly. It may therefore
be necessary to further modify the opening dates or other fishing days
for some subareas shortly after the publication of this final rule in
response to changes in State measures related to the spread of COVID-
19.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
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 allocate
halibut catches among fishery participants in the waters in and off
Washington, Oregon, and California.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(d)(1), a thirty-day delay in effective
date is not applicable because these final regulations for the 2020
Pacific halibut fishing season relieve a restriction. The 2020 Catch
Sharing Plan provides the framework for the annual management measures
and subarea allocations based on the 2020 Area 2A catch limit for
[[Page 25322]]
Pacific halibut. These allocations are based on the best available new
information on the population status of Pacific halibut, determined at
the annual meeting of the IPHC held February 3-7, 2020. Additionally,
the Washington Puget Sound subarea was originally scheduled to be open
April 16, 2020, two weeks earlier than in 2019, to allow more
opportunity for fishing and this rule implements subarea allocations
for that fishery. Due to COVID-19, Washington has closed its
recreational fisheries and paused its port sampling and catch
accounting program. Without catch data, there is no way to track state
and subarea landings against the allocation to prevent overages. NMFS
is responding to the Washington recreational fishing actions by
revising season dates in the Washington subareas such that the season
will start on the next proposed open day after May 4, 2020. The season
date being implemented in this action is similar to season start dates
in previous years, when Washington had season openers on May 2, 2019,
and May 11, 2018. The recreational season for the Columbia River
subarea, beginning on the soonest possible scheduled date after April
30, 2020, is scheduled to take place as proposed. A delay in the
effectiveness of this rule for a full thirty days would result in
delayed openings for these fisheries rather than on the dates the
affected public are expecting.
Additionally, there is good cause under 5 U.S.C. 553(d)(3) to
ensure these regulations are effective immediately upon publication.
The Council's 2020 Catch Sharing Plan approved in this rule includes
changes that respond to the needs of the fisheries in Washington and
Oregon, including fisheries that begin on the soonest possible
scheduled date after April 30, 2020. In 2019, the recreational
fisheries in Washington, Oregon, and California did not achieve their
full quotas as in previous years. The Council recommended changes to
the Catch Sharing Plan to allow fisheries in Washington and Oregon to
open up earlier and remain open more days per week, as well as transfer
quota from Southern Oregon to the Columbia River subarea in years with
a high catch limit. Delaying the effective date of this rule beyond
April 30, 2020, would be contrary to the public interest because,
without these changes, fishing opportunity is lost, potentially causing
economic harm to communities at sport fishing ports. Washington season
dates published in the proposed rule were revised in the final rule
from mid-April to early May. The Columbia River subarea is still
scheduled to be open on the soonest possible scheduled date after April
30, and Oregon and California fisheries are still scheduled to be open
May 1. Additionally, the season dates in this rule are specific to 2020
according to the Catch Sharing Plan framework. Without the publication
of this rule, the 2019 season dates would remain in place, and would
not occur on the days of the week specified in the Catch Sharing Plan.
Therefore, allowing the 2019 Catch Sharing Plan to remain in place
would not respond to the needs of the fishery and would be in conflict
with the Council's final recommendation for 2020. A thirty-day delay in
effectiveness could cause economic harm to the associated fishing
communities by reducing fishing opportunity at the start of the fishing
year. As a result of the potential harm to fishing communities that
could be caused by delaying the effectiveness of this final rule, NMFS
finds good cause to make this rule effective upon publication in the
Federal Register.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the IRFA, a summary of the significant issues raised
by the public comments in response to the IRFA, and NMFS responses to
those comments, and a summary of the analyses completed to support the
action. A summary of the analysis follows.
A statement of the significant issues raised by the public comments
in response to the IRFA, a statement of the assessment of the agency of
such issues, and a statement of any changes made in the proposed rule
as a result of such comments.
There were no issues raised about the IRFA in the public comments.
The response of the agency to any comments filed by the Chief
Counsel for Advocacy in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in the final rule as
a result of the comments.
There were no comments filed by the Chief Counsel for Advocacy.
Statement of the Objectives of, and Legal Basis for, the Final Rule
The Halibut Act gives the Secretary of Commerce responsibility for
implementing the provisions of the Halibut Convention between the
United States and Canada. The Halibut Act requires that the Secretary
adopt regulations to carry out the purposes and objectives of the
Halibut Convention and Halibut Act. The Halibut Act also authorizes the
regional fishery management councils to develop regulations in addition
to, but not in conflict with, regulations of the IPHC to govern the
Pacific halibut catch in their corresponding U.S. Convention waters.
The Council's main management objective for the Pacific halibut fishery
in Area 2A is to manage fisheries to remain within the catch limit for
Area 2A.
A second objective is to allow the recreational (sport) fishery to
target halibut in the manner that is appropriate to meet the
conservation requirements for species that co-occur with Pacific
halibut. A third objective is to meet the needs of fishery participants
in particular fisheries and fishing areas.
A Description and, Where Feasible, Estimate of the Number of Small
Entities to Which the Final Rule Applies
This action revises the recreational Pacific halibut fishery
management measures, such as season dates and some catch limits that
are set in NMFS regulations. This rule opens the recreational fishery
with 2020 season dates and subarea allocations, impacting charter
boats, anglers, and businesses relying on sport fishing across all of
Area 2A. This rule also makes changes to the sport fishing sector of
the Catch Sharing Plan for the halibut fishery, impacting participants
in the recreational Washington and Oregon subareas. Therefore, this
rule may affect some charterboat operations in Area 2A. Previous
analyses determined that charterboats are small businesses (see 77 FR
5477 (February 3, 2012) and 76 FR 2876 (January 18, 2011)). Charter
fishing operations are classified under NAICS code, 487210, with a
corresponding Small Business Association size standard of $7.5 million
in annual receipts. No commercial fishing entities are directly
affected by this rule.
In 2019, the IPHC issued 84 licenses to the charterboat fleet. NMFS
estimates there are 47 licensed charterboats in Washington, and 26 in
Oregon. Recent information on charterboat activity is not available,
but prior analysis indicated that 60 percent of the IPHC charterboat
license holders (around 50 vessels) may be affected by these
regulations. Private vessels used for recreational fishing are not
businesses and are therefore not subject to the RFA.
Reporting, Record-Keeping, and Other Compliance Requirements
The changes to the Catch Sharing Plan and domestic management
measures do not include any new reporting or recordkeeping
requirements.
[[Page 25323]]
Federal Rules That May Duplicate, Overlap or Conflict With the Final
Rule
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
Description and Estimate of Economic Effects on Entities, by Entity
Size and Industry
The major effect of halibut management on small entities will be
from the catch limit decisions made by the IPHC, a decision independent
from this action. This action implements management measures including
season dates and bag limits for the recreational fishery, and makes
minor changes to the Catch Sharing Plan to provide increased
recreational opportunities under the allocations that result from the
Area 2A catch limit. The changes to the Catch Sharing Plan are
considered minor, with minimal economic effects.
A Description of, and an Explanation of the Basis for, Assumptions Used
In the description of the entities affected, estimates of the
amount of charterboat activity from the number of licensed vessels were
based on a 2004 report by the Pacific States Marine Fisheries
Commission. This report has not been updated and the number of entities
is assumed to be similar.
Description of any Significant Alternatives to the Final Rule That
Accomplish the Stated Objectives of Applicable Statutes and That
Minimize any Significant Economic Impact of the Rule on Small Entities
The status quo alternative of not implementing management measures,
such as season dates and bag limits, or revising the Catch Sharing Plan
would not achieve the objectives and requirements of the Convention and
Halibut Act, specifically conserving Pacific halibut and allocating
quota equitably. Without establishing 2020 season dates and subarea
allocations, there would be a significant economic impact on the entire
recreational sector, including charter boats. When considered with the
management measures, the changes to the Catch Sharing Plan have minimal
effect on the fishery and there are no other additional significant
alternatives that further minimize the impact of the rule on small
entities while achieving the goals and objectives of the Convention and
Halibut Act. In addition, these management measures and Catch Sharing
Plan changes were proposed by stakeholders to address the needs of the
fisheries, and, as explained above, the changes are not expected to
have a significant economic impact on a substantial number of small
entities.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a public notice to fishery participants that
also serves as a small entity compliance guide (the guide) was
prepared. Copies of this final rule are available from the West Coast
Regional Office, and the guide, i.e., public notice, will be sent to
all stakeholders on the email listserv for the groundfish fishery, and
posted to the West Coast groundfish and halibut web pages. The guide
and this final rule will be available upon request.
A copy of this analysis is available from NMFS (see ADDRESSES).
This rule was developed after meaningful consultation and
collaboration with the tribal representative on the Council, pursuant
to Executive Order 13175.
The U.S. Government formally recognizes that the 13 Washington
Tribes have treaty rights to fish for Pacific halibut. In general
terms, the quantification of those rights is 50 percent of the
harvestable surplus of Pacific halibut available in the tribes' usual
and accustomed fishing areas (described at 50 CFR 300.64). Each of the
treaty tribes has the discretion to administer their fisheries and to
establish their own policies to achieve program objectives.
Accordingly, tribal allocations and regulations, including the changes
to the Catch Sharing Plan, have been developed in consultation with the
affected tribe(s) and, insofar as possible, with tribal consensus.
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 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is amended 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. 300.61, revise the definition of ``Subarea 2A-1'' to read
as follows:
Sec. 300.61 Definitions.
* * * * *
Subarea 2A-1 includes the usual and accustomed fishing areas for
Pacific Coast treaty tribes off the coast of Washington and all inland
marine waters of Washington north of Point Chehalis (46[deg]53.30' N
lat.), including Puget Sound. Boundaries of a tribe's fishing area may
be revised as ordered by a Federal court.
* * * * *
0
3. In Sec. 300.63, revise paragraph (d) to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
area 2A.
* * * * *
(d) Fishery Election in Area 2A. (1) A vessel that fishes in Area
2A may participate in only one of the following three fisheries in Area
2A:
(i) The sport fishery established in the annual domestic management
measures and International Pacific Halibut Commission (IPHC)
regulations and defined at Sec. 300.61;
(ii) The commercial directed fishery for halibut during the fishing
period(s) established in the annual domestic management measures and
IPHC regulations and/or the incidental retention of halibut during the
sablefish primary fishery described at 50 CFR 660.231; or
(iii) The incidental catch fishery during the salmon troll fishery
as authorized in the annual domestic management measures and IPHC
regulations.
(2) No person shall fish for halibut in the sport fishery in Area
2A under the annual domestic management measures and IPHC regulations,
from a vessel that has been used during the same calendar year for
commercial halibut fishing in Area 2A, or that has been issued a permit
for the same calendar year for the commercial halibut fishery in Area
2A.
[[Page 25324]]
(3) No person shall fish for halibut in the directed commercial
halibut fishery during the fishing periods established in the annual
domestic management measures and IPHC regulations, and/or retain
halibut incidentally taken in the sablefish primary fishery in Area 2A
from a vessel that has been used during the same calendar year for the
incidental catch fishery during the salmon troll fishery, as authorized
in the annual domestic management measures and IPHC regulations.
(4) No person shall fish for halibut in the directed commercial
halibut fishery and/or retain halibut incidentally taken in the
sablefish primary fishery in Area 2A from a vessel that, during the
same calendar year, has been used in the sport halibut fishery in Area
2A or that is licensed for the sport charter halibut fishery in Area
2A.
(5) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under the annual domestic management measures and
IPHC regulations, taken on a vessel that, during the same calendar
year, has been used in the sport halibut fishery in Area 2A, or that is
licensed for the sport charter halibut fishery in Area 2A.
(6) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under the annual domestic management measures and
IPHC regulations, taken on a vessel that, during the same calendar
year, has been used in the directed commercial halibut fishery during
the fishing periods established in the annual domestic management
measures and IPHC regulations, and/or retained halibut incidentally
taken in the sablefish primary fishery for Area 2A or that is licensed
to participate in these commercial fisheries during the fishing periods
established in the annual domestic management measures and IPHC
regulations in Area 2A.
* * * * *
0
4. In Sec. 300.64, revise paragraph (i) to read as follows:
Sec. 300.64 Fishing by U.S. treaty Indian tribes.
* * * * *
(i) Table 1 to this paragraph (i) sets forth the fishing areas of
each of the 13 treaty Indian tribes fishing pursuant to this section.
Within subarea 2A-1, boundaries of a tribe's fishing area may be
revised as ordered by a Federal court.
Table 1 to Paragraph (i)
----------------------------------------------------------------------------------------------------------------
Tribe Boundaries
----------------------------------------------------------------------------------------------------------------
HOH..................................................... The area between 47[deg]54.30' N lat. (Quillayute
River) and 47[deg]21.00' N lat. (Quinault River) and
east of 125[deg]44.00' W long.
JAMESTOWN S'KLALLAM..................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1486, to be
places at which the Jamestown S'Klallam Tribe may
fish under rights secured by treaties with the United
States.
LOWER ELWHA S'KLALLAM................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049 and 1066
and 626 F. Supp. 1443, to be places at which the
Lower Elwha S'Klallam Tribe may fish under rights
secured by treaties with the United States.
LUMMI................................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 384 F. Supp. 360, as
modified in Subproceeding No. 89-08 (W.D. Wash.,
February 13, 1990) (decision and order re: cross-
motions for summary judgement), to be places at which
the Lummi Tribe may fish under rights secured by
treaties with the United States.
MAKAH................................................... The area north of 48[deg]02.25' N lat. (Norwegian
Memorial) and east of 125[deg]44.00' W long.
NOOKSACK................................................ Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Nooksack Tribe may fish under
rights secured by treaties with the United States.
PORT GAMBLE S'KLALLAM................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1442, to be
places at which the Port Gamble S'Klallam Tribe may
fish under rights secured by treaties with the United
States.
QUILEUTE................................................ The area commencing at Cape Alava, located at
48[deg]10'00'' N lat, 124[deg]43'56.9'' W long.; then
proceeding west approximately 40 nautical miles at
that latitude to a northwestern point located at
48[deg]10'00'' N lat, 125[deg]44'00'' W long.; then
proceeding in a southeasterly direction mirroring the
coastline at a distance no farther than 40 nautical
miles from the mainland Pacific coast shoreline at
any line of latitude, to a southwestern point at
47[deg]31'42'' N lat., 125[deg]20'26'' W long.; then
proceeding east along that line of latitude to the
Pacific coast shoreline at 47[deg]31'42'' N lat.,
124[deg]21'9.0'' W long.
QUINAULT................................................ The area commencing at the Pacific coast shoreline
near Destruction Island, located at 47[deg]40'06'' N
lat., 124[deg]23'51.362'' W long.; then proceeding
west approximately 30 nautical miles at that latitude
to a northwestern point located at 47[deg]40'06'' N
lat., 125[deg]08'30'' W long.; then proceeding in a
southeasterly direction mirroring the coastline no
farther than 30 nautical miles from the mainland
Pacific coast shoreline at any line of latitude, to a
southwestern point at 46[deg]53'18'' N lat.,
124[deg]53'53'' W long.; then proceeding east along
that line of latitude to the Pacific coast shoreline
at 46[deg]53'18'' N lat., 124[deg]7'36.6'' W long.
SKOKOMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 384 F. Supp. 377, to be
places at which the Skokomish Tribe may fish under
rights secured by treaties with the United States.
SUQUAMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Suquamish Tribe may fish under
rights secured by treaties with the United States.
[[Page 25325]]
SWINOMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Swinomish Tribe may fish under
rights secured by treaties with the United States.
TULALIP................................................. Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1531-1532, to
be places at which the Tulalip Tribe may fish under
rights secured by treaties with the United States.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-09231 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-22-P