Pacific Halibut Fisheries; Catch Sharing Plan
| Citation | 84 FR 17960 |
| Record Number | 2019-08611 |
| Published date | 29 April 2019 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 82 (Monday, April 29, 2019)
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17960-17966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08611]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 181022969-9377-02]
RIN 0648-BI55
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 portions of the Catch Sharing Plan and management measures
that are not implemented through the International Pacific Halibut
Commission. These measures include the recreational fishery seasons and
management measures for Area 2A. These actions are intended to conserve
Pacific halibut and provide angler opportunity where available.
DATES: This rule is effective on April 29, 2019.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 7600 Sand Point Way NE, Seattle, WA 98115. 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:
[[Page 17961]]
503-231-6858, email: [email protected].
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
fax: 503-231-6893, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act (Halibut Act) of 1982 gives the
Secretary of Commerce 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 2019, the IPHC recommended an
Area 2A catch limit of 1,500,000 lb (680.4 metric tons (mt)) for 2019.
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 2019 Area 2A Catch Sharing Plan.
Table 1--Area 2A Catch Limit and Fishery Subarea Allocations for 2019
------------------------------------------------------------------------
Pounds Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................ 1,650,000 748.4
Area 2A Catch Limit..................... 1,500,000 680.4
Tribal commercial fishery............... 497,000 225.4
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..................................
Washington recreational fishery--North 128,187 58.1
Coast..................................
Washington recreational fishery--South 62,896 28.5
Coast..................................
Columbia River recreational fishery..... 15,127 6.9
Oregon recreational fishery--Central 271,592 123.2
Oregon.................................
Oregon recreational fishery--Southern 11,322 5.1
Oregon.................................
California recreational fishery......... 39,000 17.7
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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 14, 2019 (84 FR 9243) 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. In addition, this rule revises the recreational
Pacific halibut fishery management measures, such as season dates and
bag limits, set in NMFS regulations and described in the proposed rule
(84 FR 9281; March 14, 2019). These management measures are detailed in
the Council's recommended Catch Sharing Plan and were developed through
the Council's public process. This rule finalizes 2019 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.
For 2019, the Council recommended minor modifications to
recreational (sport) fisheries to better match the needs of the
fishery. On March 14, 2019, NMFS published a proposed rule to approve
the Council's recommended changes to the 2019 Catch Sharing Plan and
recreational management measures for Area 2A (84 FR 9281). This final
rule includes these components of the proposed rule. The Catch Sharing
Plan changes provide flexibility to the state recreational fishery
managers for opening the South Coast nearshore fishery and for
extending the Columbia River fishery into the summer by both modifying
the number of open days and the process for setting open days.
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, WA
The 2019 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 2019 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention in the sablefish primary
fishery, which occurs when the catch limit is 1,500,000 lb (680.4 mt)
or more. 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).
2019 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. 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.
For
[[Page 17962]]
the 2019 fishing season, the final rule for the commercial fisheries
and IPHC regulations was published on March 14, 2019 (84 FR 9243). The
section numbers below correspond to IPHC regulation sections in the
March 14, 2019, final rule.
The recreational fishing regulations for Area 2A, included in
section 27 (referring to the relevant section of the IPHC regulations)
below, are consistent with the measures adopted by the IPHC and
approved by the Secretary of State, but were developed by the Council
and promulgated by the United States under the Halibut Act.
This rule adds the following text to Section 27 of the annual
domestic management measures and paragraph (8) of the 2019 IPHC
regulations, ``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 under the inseason
actions 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 lb (35.2 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20,
and 22, 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 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 lb (58.1 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20,
and 22, 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 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(a).
(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 lb (28.5 mt).
(i) This subarea is divided between the all-waters 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 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 2, 5, 9, 12, and 24, 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 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 lb (28.5 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 in-season 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 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, subpart G.
(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 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(d). The Westport Offshore YRCA is
defined at 50 CFR 660.70(e).
(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 15,127 lb (6.9 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 6, 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 May 2, 5, 9, 12, 24, and 26. If
sufficient quota remains after May 26, the Columbia River subarea would
be open two days per week (Thursday and Sunday) until 15,127 lb (6.9
mt) are estimated to have been taken and the season is closed by the
Commission, or September 30, whichever is earlier. 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.
[[Page 17963]]
(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 lb
(123.2 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences June
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 lb
(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(k).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 9, 10, 11; 16, 17, 18; 23, 24, 25; 30, 31,
June 1; and 6, 7, 8. The allocation to the all-depth fishery is 171,103
lb (77.6 mt). If sufficient unharvested quota remains for additional
fishing days, the season will re-open June 20, 21, 22; July 4, 5, 6;
and July 18, 19, 20. 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 2, 3; 16, 17; 30, 31; September 13, 14;
27, 28; October 11, 12; and 25, 26; 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 Friday and Saturday, beginning
August 2 and 3, and ending when there is insufficient quota remaining,
whichever is earlier. If after September 3, 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
Friday and Saturday, the fishery may re-open every Friday and Saturday,
beginning September 6 and 7, and ending October 31. After September 3,
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 on board 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(f).
(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 11,322 lb (5.1 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 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 lb (17.7 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 2019 Area 2A Catch Sharing Plan and the resulting
proposed domestic fishing regulations through March 29, 2019. We
received two comments from state agencies--the California Department of
Fish and Wildlife (CDFW) and the Washington Department of Fish and
Wildlife (WDFW).
Comment 1: CDFW submitted a comment recommending final recreational
fishing season dates for the 2019 season. CDFW hosted an online survey
following the IPHC annual meeting. Based on public comments received on
California halibut fisheries 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 the CDFW-recommended season dates are
appropriate. The Area 2A catch limit is significantly higher than in
the recent past and the season structure recommended by CDFW, which
removes closed periods that were in effect in past years, should allow
California to fully utilize its allocation.
[[Page 17964]]
NMFS has updated sport fishery season dates off of California in this
final rule.
Comment 2: WDFW submitted a comment suggesting a revision to the
Catch Sharing Plan. WDFW provided its preferred season dates and
suggested Catch Sharing Plan changes at the November Council meeting,
prior to the IPHC's recommended Area 2A catch limit. The IPHC agreed on
an Area 2A catch limit in early February 2019 that was higher than
anticipated in November 2018, when the Council recommended Catch
Sharing Plan changes and season dates. WDFW commented that the 2019
FCEY is 26 percent higher than in 2018, and that it anticipates needing
more than two fishing days per week, as set forth under the Catch
Sharing Plan, to ensure that sport fishery participants can catch the
entire allocation. To allow for the additional fishing days, WDFW
suggests adjusting the Catch Sharing Plan language. The Catch Sharing
Plan includes language for recreational fisheries in Washington
subareas that states ``seasons . . . may be open up to two days per
week which may include one weekday and one weekend day.'' WDFW
suggested removing the language specifying two days per week from the
Catch Sharing Plan to provide flexibility for additional fishing days.
Response: The Catch Sharing Plan is a framework that details
allocations and season structure. The Catch Sharing Plan forms the
basis for season dates as recommended by the states after discussion
with stakeholders, and allocations resulting from the 2A catch limit.
It is a document created by the Council and is not subject to NMFS
approval. NMFS may implement the Catch Sharing Plan through its
regulations, but lacks authority to alter or amend the Council's
approved Plan.
WDFW's comment requests that NMFS revise the Catch Sharing Plan to
remove language that allows for a maximum of two fishing days per week
in the Washington subareas. NMFS is unable to revise the Catch Sharing
Plan, but does have the authority to make revisions to the regulations
under flexible inseason management provisions, described in the Catch
Sharing Plan, and implemented in regulation at 50 CFR 300.63.
Changes From the Proposed Rule
As described in the response to Comment 1 above, NMFS changed
season dates off of California in this final rule.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) provides the Secretary of Commerce with the general
responsibility to carry out the Halibut Convention between Canada and
the United States for the management of Pacific halibut, including the
authority to adopt regulations as may be necessary to carry out the
purposes and objectives of the Halibut Convention and Halibut Act. This
action is consistent with the Secretary's authority under the Halibut
Act.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not expected to
be an Executive Order 13771 regulatory action because this action is
not significant under Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
NMFS finds good cause to waive the 30-day delay in the date of
effectiveness and make this rule effective on April 29, 2019, in time
for the start of recreational Pacific halibut fisheries on May 1, 2019,
pursuant to 5 U.S.C. 553(d)(3). The 2019 Catch Sharing Plan provides
the framework for the annual management measures and subarea
allocations based on the 2019 Area 2A catch limit for Pacific halibut.
Some recreational fishery subareas open May 1, 2019, and this rule
implements subarea allocations for those fisheries. Additionally, this
rule implements a change to the Catch Sharing Plan season structure for
the Washington South Coast and Columbia River subareas, which start in
early May.
The Council's 2019 Catch Sharing Plan approved in this rule
includes changes that respond to the needs of the fisheries in each
state, including fisheries that begin in early May. The recreational
fishery subarea allocations for 2019 are 26 percent higher than in
2018, and are implemented through this rule. The recreational Pacific
halibut fisheries have high participation, and some subareas close
months before the end of the season due to quota attainment. Without
the higher allocation, fishing opportunity is lost, potentially causing
economic harm to communities at sport fishing ports. Additionally, the
season dates in this rule are specific to 2019 according to the Catch
Sharing Plan framework. Without the publication of this rule, the 2018
season dates would remain in place, and would not occur on the days of
the week specified in the Catch Sharing Plan. This year, the Council
recommended modifying the season dates for the Columbia River subarea
from three to two days per week, and this rule is necessary to
implement that change; otherwise the fishery, which is scheduled to
begin May 2, may close sooner than intended. The season lasted only
five days last year, and if the 2018 season remained in place for 2019,
the fishery would likely conclude before the third week in May.
Therefore, allowing the 2018 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 2019. A 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 waive the 30-day delay in the date of effectiveness
and make this rule effective upon publication in the Federal Register.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604,
requires Federal agencies to prepare a Final Regulatory Flexibility
Analysis (FRFA) for each final rule. The FRFA describes the economic
impact of this action on small entities. The FRFA includes a summary of
significant issues raised by public comments, the analyses contained in
the accompanying Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (IRFA), the IRFA summary in the
proposed rule, as well as the summary provided below. A statement of
the necessity for, and the objectives of this action are contained in
proposed rule and in the preamble to this final rule, and is not
repeated here.
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.
[[Page 17965]]
A description and, where feasible, estimate of the number of small
entities to which the final rule applies.
This action makes changes only to the sport fishing sector of the
halibut fishery. Therefore, this rule may affect some charterboat
operations in Area 2A. Previous analyses determined that charterboats
are small businesses. See 77 FR 5477 (Feb. 3, 2012) and 76 FR 2876
(Jan. 18, 2011). Charter fishing operations are classified under NAICS
code 487210, with a corresponding SBA size standard not in excess of
$7.5 million in annual receipts. No commercial fishing entities are
directly affected by this rule.
In 2018, the IPHC issued 133 licenses to the charterboat fleet.
Recent information on charterboat activity is not available, but prior
analysis indicated that 60 percent of the IPHC charterboat license
holders (around 80 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 and recordkeeping requirements.
The changes to the Catch Sharing Plan and domestic management
measures do not include any new reporting or recordkeeping
requirements.
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 only makes minor changes to the Catch
Sharing Plan to provide increased recreational opportunities under the
allocations that result from the Area 2A catch limit. There are no
large entities involved in the halibut fisheries; therefore, none of
these changes will have a disproportionately negative effect on small
entities versus large entities. The changes to the plan are considered
minor, with minimal economic effects.
An explanation of the criteria used to evaluate whether the rule
would impose ``significant'' economic effects.
The recreational management measures implement the Catch Sharing
Plan by managing the fisheries to meet the differing fishery needs of
the various areas along the coast according to the Catch Sharing Plan's
objectives. These changes were uncontroversial throughout the Council's
public process and are considered minor because the timing and level of
participation are not expected to change. The changes to the Catch
Sharing Plan are not expected to have a significant economic impact on
a substantial number of small entities.
An explanation of the criteria used to evaluate whether the rule
would impose effects on ``a substantial number'' of small entities.
Participants in the recreational Washington and Columbia River
subareas will be impacted by these changes, and all of the entities are
considered small. However, the effects of the rule would be minimal as
described above. In 2017, the average number of participants in the
Columbia River subarea was 73 (private vessels and charterboats are not
differentiated), with the highest number on the first two days and last
day. Participation in 2019 is expected to be similar.
A description of, and an explanation of the basis for, assumptions
used.
In the description of the entities affected, estimates of the
number of charterboats were based off 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.
Relevant 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.
A 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 action on small
entities.
There were no significant alternatives to the final rule that would
minimize any significant impact on small entities. The minor changes,
including updates to recreational fishery season dates, removing the
set-aside for the nearshore fishery in the Washington South Coast
subarea, and modifying the number of open days and the process for
setting open days in the Columbia River subarea, were proposed by
stakeholders and recommended by the Council to address the needs of the
fishery. In developing the minor changes to the Plan that it
recommended to NMFS, the Council considered and accepted public comment
on alternatives. In large part, these included ``status quo'' and
``action'' alternatives, where ``status quo'' represented the 2018
Plan. Removing the set-aside in the nearshore fishery is not expected
to impact the fishery, since the South Coast primary fishery has
exceeded its sub-allocation in previous years, and the nearshore
fishery has remained closed. Reducing the number of open days in the
Columbia River subarea from three open days (status quo--open Thursday,
Friday, and Sunday), to two open days (open a combination of Thursday,
Friday, or Sunday), is expected to allow the season to stay open
through the summer. Allowing the season to remain open for three days
could result in the season ending at an earlier date, which would
ultimately decrease sport fishing opportunities. The changes to the
Catch Sharing Plan are expected to slightly increase fishing
opportunities in some areas and at some times and to slightly decrease
fishing opportunities in other areas and at other times. None of these
changes are controversial and none are expected to result in
substantial environmental or economic impacts. These actions are
intended to enhance the conservation of Pacific halibut and to provide
angler opportunity where available. Because the goal of the action is
to maximize angler participation, and thus to maximize the economic
benefits of the fishery, NMFS did not analyze alternatives to the above
changes, other than the Council-proposed changes and the status quo,
for purposes of the FRFA. Effects of the status quo and the changes in
this final rule are similar, because the changes to the Catch Sharing
Plan for 2019 are not substantially different from the 2018 Plan. The
changes to the Plan are not expected to have a significant economic
impact.
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 (guide) was prepared.
Copies of this final rule are available from the West Coast Regional
Office, and the guide will be sent to all stakeholders on the email
listserv for the groundfish fishery and posted to the West Coast
groundfish and halibut websites. The guide and this final rule will be
available upon request from the West Coast Regional Office.
A copy of this analysis is available from the Council or NMFS (see
ADDRESSES).
Pursuant to Executive Order 13175, the Secretary recognizes the
sovereign status and co-manager role of Indian tribes over shared
Federal and tribal fishery resources. Section 302(b)(5) of the
Magnuson-Stevens Fishery Conservation and Management Act establishes a
seat on the Pacific Council
[[Page 17966]]
for a representative of an Indian tribe with federally recognized
fishing rights from California, Oregon, Washington, or Idaho.
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.
Dated: April 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-08611 Filed 4-26-19; 8:45 am]
BILLING CODE 3510-22-P
