Pacific Halibut Fisheries; Catch Sharing Plan, 18827-18834 [2014-07536]
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Dated: March 21, 2014.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2014–07587 Filed 4–3–14; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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50 CFR Part 300
[Docket No. 131213999–4281–02]
RIN 0648–BD82
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION:
Final rule.
The Assistant Administrator
(AA) for Fisheries, National Oceanic
and Atmospheric Administration
(NOAA), announces approval of the
Area 2A (waters off the U.S. West Coast)
Catch Sharing Plan (Plan), with
modifications recommended by the
Pacific Fishery Management Council
(Council), and implementing regulations
for 2014. These actions are intended to
enhance the conservation of Pacific
halibut and further the goals and
objectives of the Council. The
regulations of the International Pacific
Halibut Commission (IPHC) were
published on March 12, 2014 and the
sport fishing management measures in
this rule are an additional subsection of
those regulations.
SUMMARY:
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This rule is effective April 1,
2014. The 2014 management measures
are effective until superseded.
ADDRESSES: Additional requests for
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.
This final rule also is accessible via the
Internet at the Federal eRulemaking
portal at https://www.regulations.gov,
identified by NOAA–NMFS–2014–0009,
or at the Office of the Federal Register
Web site at https://www.access.gpo.gov/
su_docs/aces/aces140.html. Background
information and documents are
available at the NMFS West Coast
Region Web site at https://
DATES:
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www.westcoast.fisheries.noaa.gov/
fisheries/management/pacific_halibut_
management.html and at the Council’s
Web site at https://www.pcouncil.org.
Electronic copies of the Final Regulatory
Flexibility Analysis (FRFA) prepared for
this action may be obtained from https://
www.regulations.gov or from the West
Coast Region Web site at https://
www.westcoast.fisheries.noaa.gov/
fisheries/management/pacific_halibut_
management.html.
FOR FURTHER INFORMATION CONTACT:
Sarah Williams, 206–526–4646, email at
sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has promulgated
regulations governing the Pacific halibut
fishery in 2014, pursuant to the
Convention between Canada and the
United States for the Preservation of the
Halibut Fishery of the North Pacific
Ocean and Bering Sea (Convention),
signed at Ottawa, Ontario, on March 2,
1953, as amended by a Protocol
Amending the Convention (signed at
Washington, DC, on March 29, 1979).
Pursuant to the Northern Pacific Halibut
Act of 1982 (Halibut Act) at 16 U.S.C.
773b, the Secretary of State accepted the
2014 IPHC regulations as provided by
the Northern Pacific Halibut Act of 1982
(Halibut Act) at 16 U.S.C. 773–773k.
NMFS published these regulations on
March 12, 2014 (79 FR 13906).
The Halibut Act provides that the
Regional Fishery Management Councils
may develop, and the Secretary may
implement, regulations governing
harvesting privileges among U.S.
fishermen in U.S. waters that are in
addition to, and not in conflict with,
approved IPHC regulations. To that end,
the Council has adopted a Catch Sharing
Plan (Plan) allocating halibut among
groups of fishermen in Area 2A, which
is off the coasts of Washington, Oregon,
and California. The Plan allocates the
Area 2A catch limit among treaty Indian
and non-Indian commercial and sport
harvesters. The treaty Indian group
includes tribal commercial, tribal
ceremonial, and subsistence fisheries.
From 1988 through 1994, the Council
recommended and NMFS implemented
annual Catch Sharing Plans. In 1995, the
Council recommended and NMFS
approved and implemented a long-term
Catch Sharing Plan (60 FR 14651; March
20, 1995, as amended by 61 FR 35548).
In each of the intervening years between
1995 and the present, the Council has
recommended and NMFS has approved
minor revisions to the Plan to adjust for
the changing needs of the fisheries, in
accordance with 50 CFR 300.62. NMFS
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implements the allocation scheme in the
Plan through annual regulations for
Area 2A. The proposed rule describing
the changes the Council recommended
to the Plan and resulting proposed Area
2A regulations for 2014 was published
on February 6, 2014 (79 FR 7156).
In previous years, NMFS has
published a final rule that includes both
the annual management measures for
Area 2A and the IPHC regulations. For
2014, NMFS determined that analyses
necessary to support the Area 2A
regulations could not be completed in
time for publication of a final rule
including both Area 2A and IPHC
regulations prior to the start of halibut
fisheries in Alaska and the treaty Indian
fisheries in Area 2A. Therefore, NMFS
published the IPHC regulations on
March 12, 2014 (79 FR 13906).
Consequently, this final rule contains
only regulations implementing the Plan
in Area 2A. The IPHC regulations apply
to commercial and treaty Indian
fisheries in Area 2A; therefore anyone
wishing to fish for halibut in Area 2A
should read both this final rule and the
March 12, 2014 rule on the Federal
Register that includes the IPHC
regulations.
Changes to the Pacific Fishery
Management Council’s Area 2A Catch
Sharing Plan
This final rule approves several
Council-recommended changes to the
Pacific Fishery Management Council’s
Area 2A Plan, and implements the Plan
through annual management measures.
For 2014, the Council has
recommended, and NMFS has included
in this final rule, several changes to the
recreational fishery in the South of
Humbug Mountain subarea in order to
address a pattern of quota exceedances
in this subarea. The Council
recommendation splits the existing
subarea, which includes portions of
both southern Oregon and northern
California, into two state-specific
subareas. This change will allow each
state to use the most effective available
management tools to keep the catch
within their respective quotas. The
existing Oregon/California sport fishery
allocation of 31.7 percent of the nontribal allocation is split into a 1 percent
California sport fishery allocation and a
30.7 percent Oregon sport fishery
allocation. The Council’s South of
Humbug Policy committee
recommended lowering the projected
catch in the South of Humbug area by
40 to 60 percent to begin a stepwise
process to bring the catches within the
quota. Therefore, the new California
subarea would be open to fishing from
May-July and September-October, with
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the month of August closed as a quota
management measure. The State of
Oregon would monitor and manage the
Southern Oregon subarea in season to
avoid exceeding the quota.
Most of these changes did not
generate controversy at the relevant
Council meetings. Some members of the
public testified against the August
closure in the California subarea on the
basis that this would reduce income in
the affected ports. The Council formed
the South of Humbug Mountain
workgroup to examine the effect of
various management measures on
catches in the South of Humbug
Mountain area. The Council also formed
the South of Humbug Policy committee
to consider the workgroup analysis and
make recommendations for management
measure changes to reduce catch in this
area. The Policy committee ultimately
recommended reducing catch in this
area by 40 to 60 percent. Based on
analysis presented by the workgroup at
the September 2013 meeting, the
Council determined that this was the
best available measure to begin a
stepwise process for lowering the
projected catch in this area by 40 to 60
percent as recommended by the policy
committee. These changes are expected
to result in minimal environmental
impacts, and should reduce the catch in
the area south of Humbug Mountain
compared to the last several years.
Additionally for 2014, the Council has
recommended several minor changes to
the Plan that would: (1) Change the
deadline for applying for IPHC licenses
for incidental halibut retention in the
salmon troll and sablefish fisheries to
accommodate earlier start dates for such
retention; (2) eliminate the nearshore
fishery in the Washington North Coast
subarea, as the quota in this subarea is
generally used entirely by the all depth
fishery; (3) modify the season dates and
create a nearshore fishery in the
Columbia River subarea to create
additional opportunity in this
underutilized area; (4) modify the
public input provisions for the Oregon
central coast subarea to allow the State
to use methods other than workshops to
obtain public input; and (5) modify the
Oregon central coast subarea nearshore
fishery dates. This rule also adopts the
annual domestic management measures
for Area 2A. Changes to these
management measures from 2013 are
necessary to implement the IPHC’s
decision regarding the Area 2A Total
Allowable Catch (TAC) and the abovedescribed changes to the Catch Sharing
Plan.
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Incidental Halibut Retention in the
Sablefish Primary Fishery North of Pt.
Chehalis, Washington and the Salmon
Troll Fishery Along the West Coast
The Plan provides that incidental
halibut retention in the sablefish
primary fishery north of Pt. Chehalis,
Washington, will be allowed when the
Area 2A TAC is greater than 900,000 lb
(408.2 mt), provided that a minimum of
10,000 lb (4.5 mt) is available above a
Washington recreational TAC of 214,100
lb (97.1 mt). In 2014, the TAC is 960,000
lb (435.4 mt); therefore, the allocation
for incidental halibut retention in the
sablefish fishery is 14,274 lb (6.47 mt).
Landing restrictions were recommended
by the Council at its March 8–13, 2014,
meeting. NMFS will publish the
restrictions in a future final rule in the
Federal Register.
The Plan allocates 15 percent of the
non-Indian commercial TAC to the
salmon troll fishery in Area 2A. For
2014 that allocation is 29,671 lb (13.46
mt).
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Comments and Responses
NMFS accepted comments through
February 21, 2014, on the proposed rule
for the Area 2A Plan and annual
management measures and received 29
public comment letters: One comment
letter each from Washington Department
of Fish and Wildlife (WDFW) and
Oregon Department of Fish and Wildlife
(ODFW) recommending season dates for
halibut sport fisheries in each state, one
letter from the Council correcting the
Plan language and resulting allocations
for the Oregon subareas and correcting
a season opening date in the
Washington North Coast subarea, one
letter from an individual commenting
on treaty rights, and 25 letters regarding
halibut fishing off California.
Comment 1: The WDFW held a public
meeting following the IPHC’s final 2014
TAC decisions to review the results of
the 2013 Puget Sound halibut fishery,
and to develop season dates for the 2014
sport halibut fishery. Based on the 2014
Area 2A TAC of 960,000 lb (435.4 mt),
the halibut quota for the Puget Sound
sport fishery is 57,393 lb (26 mt).
Because the catch in this area has
exceeded the quota in recent years,
WDFW has recommended a shorter
season for 2014, even though the
allocation to the Puget Sound subarea is
the same as 2013. Within the Puget
Sound sport halibut fishery, WDFW
recommends the following dates: In the
Eastern Region open May 9, 10, and 17;
May 22–25 (Thu–Sun); May 29–31
(Thu–Sun); and Saturday, June 7. In the
Western Region open May 22–25 (Thu–
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Sun); May 29–31 (Thu–Sun); and
Saturday, June 7.
Response: NMFS agrees with WDFW’s
recommended Puget Sound season
dates. These dates will help keep this
area within its quota, while providing
for angler enjoyment and participation.
Therefore, NMFS implements the dates
for this subarea as stated above, in this
final rule.
Comment 2: ODFW received public
comments on Oregon halibut fisheries
through a public meeting and an online
survey following the final TAC decision
by the IPHC. In the Central Coast
subarea, ODFW recommends the
following days for the spring fishery,
within this subarea’s parameters, for a
Thursday–Saturday season and with
weeks of adverse tidal conditions
skipped: Regular open days May 8–10,
May 22–24, June 5–7, and June 19–21.
Back-up dates will be July 3–5, July 17–
19, and July 31. For the summer fishery
in this subarea, ODFW recommends
following the Plan’s parameters of
opening the first Friday in August, with
open days to occur every other Friday–
Saturday, unless modified in-season
within the parameters of the Plan.
Under the Plan, the 2014 summer alldepth fishery in Oregon’s Central Coast
Subarea occurs: August 1, 2; 15, 16; 29,
30; September 12, 13; 26, 27; October
10, 11; and 24, 25.
Additionally, ODFW pointed out that
the Catch Sharing Plan language, as
transmitted to NMFS by the Council,
incorrectly described the intended
source of the allocation to the new
Southern Oregon subarea as the Spring
all-depth allocation rather than the
Central Coast allocation. Therefore, the
proposed rule incorrectly listed the
allocation amounts to the Central coast
subarea spring fishery and the Southern
Oregon subarea. The Council submitted
corrected Plan language in their
comment letter, as described below.
ODFW supports the Council’s letter
correctly describing the allocations.
Response: NMFS agrees with ODFW’s
recommended Central Coast season
dates. These dates will help keep this
area within its quota, while providing
for angler enjoyment and participation.
Therefore, NMFS implements the dates
in this final rule. NMFS also agrees with
ODFWs clarification for the Central
coast subarea and Southern Oregon
subarea allocations and implements the
corrected allocations in this final rule.
Comment 3: The Pacific Fishery
Management Council submitted a letter
describing the incorrect Plan language
for the Southern Oregon allocation and
an incorrect date in the proposed rule
for the Washington North Coast subarea.
While the intended source of the
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allocation for the Southern Oregon
subarea was correctly described the
ODFW report before the Council, it was
incorrectly described in Plan language
included in that report and transmitted
to NMFS after the Council made its final
recommendation. The Southern Oregon
subarea should be allocated 2 percent of
the Central Coast subarea allocation, as
was stated in the ODFW report and in
the final motion as approved by the
Council, and not allocated an amount
from the Central Coast spring fishery as
described in the proposed rule.
Response: NMFS supports the
Council’s corrected Plan language as
submitted because this language
accurately reflects the Council’s final
motion. NMFS also makes the
correction to the Washington North
Coast subarea date as described in this
final rule.
Comment 4: Several commenters
requested NMFS delay the
implementation of the Council’s
recommended August closure in the
newly created California subarea.
Several commenters stated that fishing
has improved each year and there is no
evidence that halibut is overfished in
Northern California. Several
commenters stated that the decision to
close the month of August is no longer
necessary because the IPHC survey
results for 2013 showed there was
100,000 lbs of exploitable biomass off
Northern California that was previously
undetected, and that this closure will
cause unnecessary economic hardship
to recreational anglers.
Response: NMFS agrees that catches
in northern California have increased
over the last several years and that
halibut are being managed at a
sustainable level, but NMFS does not
agree that this makes the August closure
in the California subarea unnecessary.
We believe the increase in catches
means more information is needed
about the relative abundance of halibut,
not that the allocation should be
increased at this time or that the August
closure should be delayed. While more
information is being gathered through
repeated stock assessment surveys it is
necessary to manage the California
subarea to its allocation, similar to all
other areas. A Council workgroup
analyzed Plan changes that would
reduce projected catch in California by
40 to 60 percent, relative to the most
recent 5 year average, in order to
manage this fishery in a manner more
consistent with the allocation
framework. The analysis showed that
even with a reduction of this magnitude,
catch in this area is projected to exceed
the allocation. However, NMFS believes
this management action to close the
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recreational halibut fishery during the
month of August is a good first step in
attempting to manage this area in a
manner more consistent with the
allocation, while additional stock
assessment surveys are conducted to
help determine relative abundance of
the halibut resource in California.
Following the Council’s South of
Humbug workgroup’s analysis, CDFW
recommended closing the recreational
halibut fishery during August as the best
way to achieve the targeted reduction.
Other alternatives were analyzed and
considered, but they did not result in a
season structure that reduced projected
catch to the target level while still
providing some fishing opportunity.
By way of comparison, subareas in
Washington and Oregon have also seen
recreational fisheries attain their
subarea quotas at faster rates than
anticipated. In those cases, inseason
management action was taken to control
catch and manage in a manner
consistent with the allocations. Not
implementing the August closure in
California for 2014 would result in a
harvest much greater than the
allocation. NMFS believes it is
important to manage the halibut
resource in a manner consistent with
the Area 2A Catch Sharing Plan. The
Council did not recommend a change in
the allocations for Area 2A, and until
allocations are changed, there is a need
to manage this fishery to stay within the
overall allocation and subarea
allocations.
Regarding the results of the IPHC
survey, NMFS believes the commenters
misunderstand the implications of the
IPHC apportionment and survey results.
NMFS acknowledges that in an IPHC
presentation from the Interim Meeting,
there is a 100,000 lbs difference between
the Fishery Constant Exploitation Yield
values listed for Area 2A when the
expanded survey in 2013 is included
and when it is not. However, NMFS
does not agree that this means there is
simply 100,000 lbs of halibut now
available for harvest in California;
rather, the survey results show that Area
2A represented a larger portion of the
total coastwide halibut biomass. NMFS
also disagrees that this makes the
August closure unnecessary. 2013 was
the first year the IPHC survey operated
in Northern California, which is not
enough time to show trends in
abundance in this area or to delay
management changes necessary to
address several years of quota
exceedences. The IPHC is planning to
repeat the northern California survey
areas in 2014 and in additional stations
at shallow and deeper depths. NMFS
believes information gathered from the
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continuing survey will guide any further
discussions relative to halibut
abundance.
NMFS understands that closure of the
directed recreational halibut fishery in
August may have economic impacts on
businesses that rely on halibut.
However, this fishery restriction is
necessary to significantly reduce catch
and manage the fishery in a manner
more consistent with the current
allocation.
Comment 5: The allocation to the
California recreational fishery should be
increased to a more appropriate level to
reflect the abundance of Pacific halibut
off the California coast.
Response: As discussed above, the
IPHC conducts an annual stock
assessment survey in Area 2A. In 2013,
the survey was expanded into Northern
California, providing some initial
information on halibut abundance in the
area. The IPHC has recently announced
the expansion of the survey into new
areas including areas south of the
southern extent of the 2013 survey and
shallower and deeper depths for 2014.
Survey results will help inform any
discussions the Council may have on
Plan changes. The Council annually
addresses changes to the Plan. NMFS
believes the current allocations are
appropriate, given the information
available. Implementing the Plan, as
recommended by the Council, is the
best strategy for sustainable
management of the halibut resource in
Area 2A.
Comment 6: Several comments stated
National Standards 2 and 4 are designed
to require the Council and NMFS to use
the best available science and to allocate
fish equitably among different state
residents.
Response: While the regulations in
this rule are not subject to the National
Standards of the Magnuson Stevens Act,
the halibut TAC decision is made after
the IPHC Commissioners have
considered the best available science as
presented by the IPHC through stock
assessment models, which are informed
by the annual survey. As for National
Standard 4, the Plan and any changes
are discussed through the Council,
which has representatives from
Washington, Oregon, California, and
Idaho. Further, the Council hears advice
from advisory bodies composed of
industry representatives from all three
states and Plan changes go through a
two meeting process with time for the
public to comment on any concerns
regarding those changes. Plan changes
are implemented for the benefit of all
citizens.
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Comment 7: Treaty rights should be
ended, they are divisive and serve no
purpose.
Response: This comment is beyond
the scope of this final rule and NMFS’
authority. The Plan allocates 35% of the
Area 2A TAC to the Tribes with treaty
rights to fish for halibut. This allocation
is consistent with the treaties and
caselaw interpreting those treaties,
which are federal law that govern the
actions of NOAA.
Changes From the Proposed Rule
On February 6, 2014, NMFS
published a proposed rule to modify the
Plan and recreational management
measures for Area 2A (79 FR 7156). The
provisions in the proposed rule were
based on the final 2A TAC of 960,000
lb. The main changes in this final rule
are to add dates for sport fisheries that
were not listed in the proposed rule and
update the allocations to the Southern
Oregon and Central Coast subareas. The
proposed rule did not contain final
season dates because the states do not
submit their final season date
recommendations until the final TAC
decision is made by the IPHC and the
states have held their public meetings.
Additionally, this rule increases the
Southern Oregon subarea allocation and
decreases the Central Coast allocation to
match the appropriate Plan allocations,
as described in the Comments and
Responses section above; neither change
affects any other subareas. Finally, one
minor change is made to the
Washington North Coast subarea dates
to correct the error in the proposed rule
identified in the Council’s comment
letter. There are no other substantive
changes from the proposed rule.
Annual Halibut Management Measures
The sport fishing regulations for Area
2A, included in paragraph 26 below, are
consistent with the measures adopted
by the IPHC and approved by the
Secretary of State, but were developed
by the Pacific Fishery Management
Council and promulgated by the United
States under the Halibut Act. Section 26
refers to a section that is in addition to
and corresponds to the numbering in
the IPHC regulations published on
March 12, 2014 (79 FR 13906).
26. Sport Fishing for Halibut—Area 2A
(1) The total allowable catch of
halibut shall be limited to:
(a) 214,110 pounds (97.1 metric tons)
net weight in waters off Washington;
and
(b) 197,808 pounds (89.7 metric tons)
net weight in waters off California and
Oregon.
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(2) The Commission shall determine
and announce closing dates to the
public for any area in which the catch
limits promulgated by NMFS are
estimated to have been taken.
(3) When the Commission has
determined that a subquota under
paragraph (8) of this section is estimated
to have been taken, and has announced
a date on which the season will close,
no person shall sport fish for halibut in
that area after that date for the rest of the
year, unless a reopening of that area for
sport halibut fishing is scheduled in
accordance with the Catch Sharing Plan
for Area 2A, or announced by the
Commission.
(4) In California, Oregon, or
Washington, no person shall fillet,
mutilate, or otherwise disfigure a
halibut in any manner that prevents the
determination of minimum size or the
number of fish caught, possessed, or
landed.
(5) The possession limit on a vessel
for halibut in the waters off the coast of
Washington is the same as the daily bag
limit. The possession limit on land in
Washington for halibut caught in U.S.
waters off the coast of Washington is
two halibut.
(6) The possession limit on a vessel
for halibut caught in the waters off the
coast of Oregon is the same as the daily
bag limit. The possession limit for
halibut on land in Oregon is three daily
bag limits.
(7) The possession limit on a vessel
for halibut caught in the waters off the
coast of California is one halibut. The
possession limit for halibut on land in
California is one halibut.
(8) The sport fishing subareas,
subquotas, fishing dates, and daily bag
limits are as follows, except as modified
under the in-season actions in 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 area in Puget Sound and the
U.S. waters in the Strait of Juan de Fuca,
east of a line extending from 48°17.30′
N. lat., 124°23.70′ W. long. north to
48°24.10′ N. lat., 124°23.70′ W. long., is
not managed in-season relative to its
quota. This area is managed by setting
a season that is projected to result in a
catch of 57,393 lbs (26 mt).
(i) The fishing season in eastern Puget
Sound (east of 123°49.50′ W. long., Low
Point) is May 9, 10, and 17; May 22–25
(Thu–Sun); May 29–31; and Saturday,
June 7. The fishing season in western
Puget Sound (west of 123°49.50′ W.
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long., Low Point) is open May 22–25
(Thu–Sun); May 29–31; and Saturday,
June 7.
(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°31.70′ N. lat.), is
108,030 (49 mt).
(i) The fishing seasons are:
(A) Commencing on May 15 and
continuing 2 days a week (Thursday and
Saturday) until 108,030 (49 mt) are
estimated to have been taken and the
season is closed by the Commission, or
until May 24.
(B) If sufficient quota remains the
fishery will reopen on June 5 and/or
June 7, continuing 2 days per week
(Thursday and Saturday) until there is
not sufficient quota for another full day
of fishing and the area is closed by the
Commission. After May 24, any fishery
opening will be announced on the
NMFS hotline at 800–662–9825. No
halibut fishing will be allowed after
May 24 unless the date is announced on
the NMFS hotline.
(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 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
§ 660.70(a).
(c) The quota for landings into ports
in the area between the Queets River,
WA (47°31.70′ N. lat.), and Leadbetter
Point, WA (46°38.17′ N. lat.), is 42,739
lb (19.39 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°31.70′ N. lat. south to 46°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):
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(1) 47°31.70′ N. lat, 124°37.03′ W. long;
(2) 47°25.67′ N. lat, 124°34.79′ W. long;
(3) 47°12.82′ N. lat, 124°29.12′ W. long;
(4) 46°58.00′ N. lat, 124°24.24′ W. long.
The south coast subarea quota will be
allocated as follows: 40,739 lb (18.48
mt) for the primary fishery and 2,000 lb
(0.9 mt) for the nearshore fishery. The
primary fishery commences on May 4,
and continues 2 days a week (Sunday
and Tuesday) until May 20. If the
primary quota is projected to be
obtained sooner than expected, the
management closure may occur earlier.
Beginning on June 1 the primary fishery
will be open at most 2 days per week
(Sunday and/or Tuesday) until the
quota for the south coast subarea
primary fishery is taken and the season
is closed by the Commission, or until
September 30, whichever is earlier. The
fishing season in the nearshore area
commences on May 4, and continues 7
days per week. Subsequent to closure of
the primary fishery the nearshore
fishery is open 7 days per week, until
42,739 lb (19.39 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
via an update to the recreational halibut
hotline.
(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, 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
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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°38.17′ N. lat.), and Cape Falcon,
OR (45°46.00′ N. lat.), is 11,895 lb (5.4
mt).
(i) This subarea is divided into an alldepth fishery and a nearshore fishery.
The nearshore fishery is allocated 10
percent or 1,500 pounds of the subarea
allocation, whichever is less. The
nearshore fishery is restricted to the area
shoreward of the boundary line
approximating the 30 fm (55 m) depth
contour from Leadbetter Point to the
Washington/Oregon border and the
boundary line approximating the 40 fm
(73 m) depth contour in Oregon. The
nearshore fishery opens May 5, and
continues 3 days per week (Monday–
Wednesday) until the nearshore
allocation is taken, or September 30,
whichever is earlier. The all depth
fishing season commences on May 1,
and continues 4 days a week
(Thursday–Sunday) until 8,564 lb (3.8
mt) are estimated to have been taken
and the season is closed by the
Commission, whichever is earlier. The
fishery will reopen on August 7 and
continue 4 days a week (Thursday–
Sunday) until 2,141 lb (0.97 mt) has
been taken and the season is closed by
the Commission, or until September 30,
whichever is earlier. Subsequent to this
closure, if there is quota remaining in
the Columbia River subarea, but it is
insufficient for another fishing day, then
any remaining quota may be transferred
inseason to another Washington and/or
Oregon subarea by NMFS via an update
to the recreational halibut hotline. 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, except sablefish and Pacific cod
when allowed by Pacific Coast
groundfish regulations, when halibut
are on board the vessel, 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°46.00′ N. lat.) and Humbug
Mountain (42°40.50′ N. lat.), is 185,621
lb (84.2 mt).
(i) The fishing seasons are:
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(A) The first season (the ‘‘inside 40fm’’ fishery) commences July 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
22,274 lb (10.1 mt), or any in-season
revised subquota, is estimated to have
been taken and the season is closed by
the Commission, whichever is earlier.
The boundary line approximating the
40-fm (73-m) depth contour between
45°46.00′ N. lat. and 42°40.50′ N. lat. is
defined at § 660.71(k).
(B) The second season (spring season),
which is for the ‘‘all-depth’’ fishery, is
open May 8–10, May 22–24, June 5–7,
and June 19–21. The projected catch for
this season is 113,229 lb (51.3 mt). If
sufficient unharvested quota remains for
additional fishing days, the season will
re-open. Depending on the amount of
unharvested quota available, the
potential season re-opening dates will
be: July 3–5, July 17–19, and July 31. If
NMFS decides inseason to allow fishing
on any of these re-opening dates, notice
of the re-opening will be announced on
the NMFS hotline (206) 526–6667 or
(800) 662–9825. No halibut fishing will
be allowed on the re-opening dates
unless the date is announced on the
NMFS hotline.
(C) If sufficient unharvested quota
remains, the third season (summer
season), which is for the ‘‘all-depth’’
fishery, will be open August 1, 2; 15, 16;
29, 30; September 12, 13; 26, 27;
October 10, 11; and 24, 25; or until the
combined spring season and summer
season quotas in the area between Cape
Falcon and Humbug Mountain, OR, are
estimated to have been taken and the
area is closed by the Commission, or
October 31, whichever is earlier. NMFS
will announce on the NMFS hotline in
July whether the fishery will re-open for
the summer season in August. No
halibut fishing will be allowed in the
summer season fishery unless the dates
are announced on the NMFS hotline.
Additional fishing days may be opened
if sufficient quota remains after the last
day of the first scheduled open period
on August 1, 2014. 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 8 and
ending October 31. If after September 1,
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 5
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
and 6, and ending October 31. After
September 1, 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, no Pacific Coast
groundfish may be taken and retained,
possessed or landed, except sablefish
and Pacific cod, when allowed by
Pacific Coast groundfish regulations, 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 § 660.70(f).
(f) The quota for landings into ports
in the area south of Humbug Mountain,
OR (42°40.50′ N. lat.) to the Oregon/
California Border (42°00.00′ N. lat.) is
3,712 lb (1.68 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.
(g) The quota for landings into ports
south of the Oregon/California Border
(42°00.00’ N. lat.) and along the
California coast is 6,240 lb (2.8 mt).
(i) The fishing season will be open
May 1 through July 31, 7 days a week
and September 1 through October 31, 7
days per week.
(ii) The daily bag limit is one halibut
of any size per day per person.
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Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
TKELLEY on DSK3SPTVN1PROD with RULES
Classification
Section 5 of the Northern Pacific
Halibut Act of 1982 (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 Pacific Council’s
authority to allocate halibut catches
among fishery participants in the waters
in and off the U.S. West Coast.
This action has been determined to be
not significant for purposes of Executive
Order 12866.
NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA) in
association with the proposed rule for
the 2014 Area 2A Catch Sharing Plan.
The final regulatory flexibility analysis
(FRFA) incorporates the IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, if any, and NMFS’ responses
to those comments, and a summary of
the analyses completed to support the
action. NMFS received no comments on
the IRFA. A copy of the FRFA is
available from the NMFS West Coast
Region (see ADDRESSES) and a summary
of the FRFA follows.
The main management objective for
the Pacific halibut fishery in Area 2A is
to manage fisheries to remain within the
TAC for Area 2A, while also allowing
each commercial, recreational (sport),
and tribal fishery to target halibut in the
manner that is appropriate to meet both
the conservation requirements for
species that co-occur with Pacific
halibut and the needs of fishery
participants in particular fisheries and
fishing areas. The changes to the Plan
are described above.
Under the Regulatory Flexibility Act
(RFA), NMFS must identify the small
entities impacted by this rule, describe
the impact, and describe any alternative
actions considered. This action will
affect fishing entities, including
commercial and charter or party boats,
and towns or communities in the fishing
areas. Under the Small Business
Administration’s (SBA) regulations
implementing the RFA, a fishing entity
is considered ‘‘small’’ if it has gross
annual receipts of less than $19.0
million. A governmental jurisdiction
(i.e., town or community) is considered
a small entity if it has fewer than 50,000
people. For marinas and charter or party
boats, a small business is one with
annual receipts not in excess of $7.0
million. Although many small and large
nonprofit enterprises track fisheries
management issues on the West Coast,
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the changes to the Plan and annual
management measures will not directly
affect those enterprises. Similarly,
although many fishing communities are
small governmental jurisdictions, no
direct regulations for those
governmental jurisdictions will result
from this rule. However, charter boat
operations and participants in the nontreaty directed commercial fishery off
the coast of Washington, Oregon, and
California, are small businesses that are
directly regulated by this rule. These
businesses are vessels that are issued
IPHC licenses. In 2013 (the most recent
data available), 608 vessels were issued
IPHC licenses to retain halibut. IPHC
issues licenses for: The directed
commercial fishery in Area 2A (149
licenses in 2013); incidental halibut
caught in the salmon troll fishery (332
licenses in 2013); and the charterboat
fleet (127 licenses in 2013). No vessel
may participate in more than one of
these three fisheries per year.
The major effect of halibut
management on small entities will be
from the internationally set TAC
decisions made by IPHC. Based on the
recommendations of the states, and as
conveyed through the Council, NMFS is
implementing minor changes to the Plan
that maximize recreational and
commercial opportunities under the
allocations that result from the TAC.
There are no large entities involved in
the halibut fisheries; therefore, none of
these changes will have a
disproportionate negative effect on
small entities versus large entities.
Based on the economic dimensions of
the fishery, these minor proposed
changes to the Plan are not expected to
have a significant economic impact on
a substantial number of small entities.
The decreased TAC and associated
management measures lead to combined
fleetwide declines of under $700,000 n
terms of ex-vessel revenues and
recreational expenditures relative to
2013.
As described above, NMFS received
25 letters opposed to closing the new
California subarea in August because of
the economic impacts of this closure,
many of these letters cited the results of
a recent IPHC biological survey off
California. These issues are addressed in
the responses to Comment 4 above.
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 Council for a
representative of an Indian tribe with
federally recognized fishing rights from
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Sfmt 4700
18833
California, Oregon, Washington, or
Idaho. The U.S. Government formally
recognizes that 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 Plan, have been
developed in consultation with the
affected tribe(s) and, insofar as possible,
with tribal consensus.
NMFS prepared an environmental
assessment (EA) for the continued
implementation of the Plan for 2014–
2016 and the AA concluded that there
will be no significant impact on the
human environment as a result of this
rule. A copy of the EA is available from
NMFS (see ADDRESSES).
NMFS conducted a formal section 7
consultation under the Endangered
Species Act for the Area 2A Catch
Sharing Plan for 2014–2016 addressing
the effects of implementing the Plan on
ESA-listed yelloweye rockfish, canary
rockfish, and bocaccio in Puget Sound,
the Southern Distinct Population
Segment (DPS) of green sturgeon,
salmon, marine mammals, and sea
turtles. In the biological opinion the
Regional Administrator determined that
the implementation of the Catch Sharing
Plan for 2014–2016 is not likely to
jeopardize the continued existence of
Puget Sound yelloweye rockfish, Puget
Sound canary rockfish, Puget Sound
bocaccio, Puget Sound Chinook, Lower
Columbia River Chinook, and green
sturgeon. It is not expected to result in
the destruction or adverse modification
of critical habitat for green sturgeon or
result in the destruction or adverse
modification of proposed critical habitat
for Puget Sound yelloweye rockfish,
canary rockfish, bocaccio. In addition,
the opinion concluded that the
implementation of the Plan is not likely
to adversely affect marine mammals, the
remaining listed salmon species and sea
turtles, and is not likely to adversely
affect critical habitat for Southern
resident killer whales, stellar sea lions,
leatherback sea turtles, any listed
salmonids, and humpback whales.
Further, the Regional Administrator
determined that implementation of the
Catch Sharing Plan will have no effect
on southern eulachon; this
determination was made in a letter
dated March 12, 2014.
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Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
NMFS finds good cause to waive the
30-day delay in effectiveness and make
this rule effective on filing with the
Office of the Federal Register, pursuant
to 5 U.S.C. 553(d)(3), so that this final
rule may become effective on April 1,
2014. Leaving the 2013 annual
management measures in place could
harm to the halibut stock, because those
measures are not based on the most
current scientific information. Also,
because the 2014 TAC is lower than the
2013 TAC, allowing the 2013 measures
to remain in place could cause drastic
management changes later in the year to
prevent exceeding the lower 2014
subarea allocations once the 2014
measures are implemented and the 2014
Plan is approved. Those measures might
significantly impact the fishery
members by causing them to curtail
effort or possibly lose revenue. Finally,
this final rule approves the Council’s
2014 Plan that responds to the needs of
the fisheries in each state and approves
the portions of the Plan allocating
incidentally caught halibut in the
salmon troll and sablefish primary
fisheries, which start April 1. Therefore,
allowing the 2013 subarea allocations
and 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 2014. Finally,
this rule could not be published earlier
due to a delay in completing the
accompanying biological opinion and
environmental assessment. For all of
these reasons, a delay in effectiveness
could ultimately cause economic harm
to the fishing industry and associated
fishing communities by reducing fishing
opportunity later in the year to keep
catch in the subareas within the lower
2014 allocations or result in harvest
levels inconsistent with the best
available scientific information. As a
result of the potential harm to the
halibut stock and 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 effectiveness and make this
rule effective upon filing with the Office
of the Federal Register.
TKELLEY on DSK3SPTVN1PROD with RULES
Authority: 16 U.S.C. 773 et seq.
Dated: April 1, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–07536 Filed 4–1–14; 4:15 pm]
BILLING CODE 3510–22–P
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[Docket No. 130903775–4276–02]
available from: John K. Bullard,
Regional Administrator, at the address
provided above.
FOR FURTHER INFORMATION CONTACT: Aja
Szumylo, Fishery Policy Analyst, 978–
281–9195.
SUPPLEMENTARY INFORMATION:
RIN 0648–BD65
Background
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
Specifications, as referred to in this
rule, are the combined suite of
commercial and recreational catch
levels established for 1 or more FYs.
The specification process also allows for
the modification of a select number of
management measures, such as closure
thresholds, gear restrictions, and
possession limits. The Mid-Atlantic
Fishery Management Council’s
(Council) process for establishing
specifications relies on provisions
within the Atlantic Mackerel, Squid,
and Butterfish (MSB) Fishery
Management Plan (FMP) and its
implementing regulations, as well as
requirements established by the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Specifically,
section 302(g)(1)(B) of the MagnusonStevens Act states that the Scientific
and Statistical Committee (SSC) for each
Regional Fishery Management Council
shall provide its Council ongoing
scientific advice for fishery management
decisions, including recommendations
for acceptable biological catch (ABC),
preventing overfishing, maximum
sustainable yield, and achieving
rebuilding targets. The ABC is a level of
catch that accounts for the scientific
uncertainty in the estimate of the stock’s
defined overfishing level (OFL).
The Council’s SSC met on May 15 and
16, 2013, confirming FY 2014
specifications for Illex squid, longfin
squid, and Atlantic mackerel (mackerel)
and recommending ABCs for the FY
2014 butterfish specifications. A
proposed rule for FY 2014 MSB
specifications and management
measures was published on January 10,
2014 (79 FR 1813); the public comment
period for the proposed rule ended
February 10, 2014. NMFS set the
specifications for longfin squid and Illex
squid for 3 years in 2012 (77 FR 51858;
August 27, 2012) and for mackerel in
2013 (78 FR 3346; January 16, 2013).
Information on these specifications is
not included in this action (except for
in Table 1), but can be found in the final
rules for those actions, as referenced
above.
The MSB regulations require the
specification of annual catch limits
(ACL) and accountability measures
(AM) for mackerel and butterfish (both
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing the
specifications for fishing year (FY) 2014
for butterfish, as well as other
management measures for the species
managed under the Atlantic Mackerel,
Squid, and Butterfish Fishery
Management Plan. NMFS previously set
specifications for longfin squid and Illex
squid for 3 years in 2012 (FYs 2012–
2014) and, therefore, new specifications
for these species are not included in this
year’s specification rulemaking.
Likewise, NMFS set specifications for
mackerel for 3 years in 2013 (2013–
2015), so new mackerel specifications
are not included in this action. This
action increases the butterfish
acceptable biological catch by 8 percent
and the butterfish landings limit by 24
percent compared to FY 2013. This
action also increases the butterfish
Phase 3 trip limit from 500 lb (0.23 mt)
to 600 lb (0.27 mt) for longfin squid/
butterfish moratorium permit holders;
establishes a 236-mt cap on river herring
(blueback and alewife) and shad
(American and hickory) catch in the
mackerel fishery; and raises the postclosure possession limit for longfin
squid to 15,000 lb (6.80 mt) for vessels
targeting Illex squid.
DATES: Effective April 4, 2014.
ADDRESSES: Copies of the 2014
specifications document, including the
Environmental Assessment (EA), is
available from John K. Bullard, Regional
Administrator, Greater Atlantic Regional
Fisheries Office (formerly Northeast
Regional Office), National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. This
document is also accessible via the
Internet at https://www.nero.noaa.gov.
NMFS prepared a Final Regulatory
Flexibility Analysis (FRFA), which is
contained in the Classification section
of this rule. Copies of the FRFA and the
Small Entity Compliance Guide are
SUMMARY:
PO 00000
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04APR1
Agencies
[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18827-18834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07536]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 131213999-4281-02]
RIN 0648-BD82
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator (AA) for Fisheries, National
Oceanic and Atmospheric Administration (NOAA), announces approval of
the Area 2A (waters off the U.S. West Coast) Catch Sharing Plan (Plan),
with modifications recommended by the Pacific Fishery Management
Council (Council), and implementing regulations for 2014. These actions
are intended to enhance the conservation of Pacific halibut and further
the goals and objectives of the Council. The regulations of the
International Pacific Halibut Commission (IPHC) were published on March
12, 2014 and the sport fishing management measures in this rule are an
additional subsection of those regulations.
DATES: This rule is effective April 1, 2014. The 2014 management
measures are effective until superseded.
ADDRESSES: Additional requests for 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.
This final rule also is accessible via the Internet at the Federal
eRulemaking portal at https://www.regulations.gov, identified by NOAA-
NMFS-2014-0009, or at the Office of the Federal Register Web site at
https://www.access.gpo.gov/su_docs/aces/aces140.html. Background
information and documents are available at the NMFS West Coast Region
Web site at https://
[[Page 18828]]
www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_
halibut_management.html and at the Council's Web site at https://www.pcouncil.org. Electronic copies of the Final Regulatory Flexibility
Analysis (FRFA) prepared for this action may be obtained from https://www.regulations.gov or from the West Coast Region Web site at https://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html.
FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646, email at
sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has promulgated regulations governing the Pacific halibut
fishery in 2014, pursuant to the Convention between Canada and the
United States for the Preservation of the Halibut Fishery of the North
Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a Protocol Amending the Convention
(signed at Washington, DC, on March 29, 1979). Pursuant to the Northern
Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the
Secretary of State accepted the 2014 IPHC regulations as provided by
the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C.
773-773k. NMFS published these regulations on March 12, 2014 (79 FR
13906).
The Halibut Act provides that the Regional Fishery Management
Councils may develop, and the Secretary may implement, regulations
governing harvesting privileges among U.S. fishermen in U.S. waters
that are in addition to, and not in conflict with, approved IPHC
regulations. To that end, the Council has adopted a Catch Sharing Plan
(Plan) allocating halibut among groups of fishermen in Area 2A, which
is off the coasts of Washington, Oregon, and California. The Plan
allocates the Area 2A catch limit among treaty Indian and non-Indian
commercial and sport harvesters. The treaty Indian group includes
tribal commercial, tribal ceremonial, and subsistence fisheries. From
1988 through 1994, the Council recommended and NMFS implemented annual
Catch Sharing Plans. In 1995, the Council recommended and NMFS approved
and implemented a long-term Catch Sharing Plan (60 FR 14651; March 20,
1995, as amended by 61 FR 35548). In each of the intervening years
between 1995 and the present, the Council has recommended and NMFS has
approved minor revisions to the Plan to adjust for the changing needs
of the fisheries, in accordance with 50 CFR 300.62. NMFS implements the
allocation scheme in the Plan through annual regulations for Area 2A.
The proposed rule describing the changes the Council recommended to the
Plan and resulting proposed Area 2A regulations for 2014 was published
on February 6, 2014 (79 FR 7156).
In previous years, NMFS has published a final rule that includes
both the annual management measures for Area 2A and the IPHC
regulations. For 2014, NMFS determined that analyses necessary to
support the Area 2A regulations could not be completed in time for
publication of a final rule including both Area 2A and IPHC regulations
prior to the start of halibut fisheries in Alaska and the treaty Indian
fisheries in Area 2A. Therefore, NMFS published the IPHC regulations on
March 12, 2014 (79 FR 13906). Consequently, this final rule contains
only regulations implementing the Plan in Area 2A. The IPHC regulations
apply to commercial and treaty Indian fisheries in Area 2A; therefore
anyone wishing to fish for halibut in Area 2A should read both this
final rule and the March 12, 2014 rule on the Federal Register that
includes the IPHC regulations.
Changes to the Pacific Fishery Management Council's Area 2A Catch
Sharing Plan
This final rule approves several Council-recommended changes to the
Pacific Fishery Management Council's Area 2A Plan, and implements the
Plan through annual management measures. For 2014, the Council has
recommended, and NMFS has included in this final rule, several changes
to the recreational fishery in the South of Humbug Mountain subarea in
order to address a pattern of quota exceedances in this subarea. The
Council recommendation splits the existing subarea, which includes
portions of both southern Oregon and northern California, into two
state-specific subareas. This change will allow each state to use the
most effective available management tools to keep the catch within
their respective quotas. The existing Oregon/California sport fishery
allocation of 31.7 percent of the non-tribal allocation is split into a
1 percent California sport fishery allocation and a 30.7 percent Oregon
sport fishery allocation. The Council's South of Humbug Policy
committee recommended lowering the projected catch in the South of
Humbug area by 40 to 60 percent to begin a stepwise process to bring
the catches within the quota. Therefore, the new California subarea
would be open to fishing from May-July and September-October, with the
month of August closed as a quota management measure. The State of
Oregon would monitor and manage the Southern Oregon subarea in season
to avoid exceeding the quota.
Most of these changes did not generate controversy at the relevant
Council meetings. Some members of the public testified against the
August closure in the California subarea on the basis that this would
reduce income in the affected ports. The Council formed the South of
Humbug Mountain workgroup to examine the effect of various management
measures on catches in the South of Humbug Mountain area. The Council
also formed the South of Humbug Policy committee to consider the
workgroup analysis and make recommendations for management measure
changes to reduce catch in this area. The Policy committee ultimately
recommended reducing catch in this area by 40 to 60 percent. Based on
analysis presented by the workgroup at the September 2013 meeting, the
Council determined that this was the best available measure to begin a
stepwise process for lowering the projected catch in this area by 40 to
60 percent as recommended by the policy committee. These changes are
expected to result in minimal environmental impacts, and should reduce
the catch in the area south of Humbug Mountain compared to the last
several years.
Additionally for 2014, the Council has recommended several minor
changes to the Plan that would: (1) Change the deadline for applying
for IPHC licenses for incidental halibut retention in the salmon troll
and sablefish fisheries to accommodate earlier start dates for such
retention; (2) eliminate the nearshore fishery in the Washington North
Coast subarea, as the quota in this subarea is generally used entirely
by the all depth fishery; (3) modify the season dates and create a
nearshore fishery in the Columbia River subarea to create additional
opportunity in this underutilized area; (4) modify the public input
provisions for the Oregon central coast subarea to allow the State to
use methods other than workshops to obtain public input; and (5) modify
the Oregon central coast subarea nearshore fishery dates. This rule
also adopts the annual domestic management measures for Area 2A.
Changes to these management measures from 2013 are necessary to
implement the IPHC's decision regarding the Area 2A Total Allowable
Catch (TAC) and the above-described changes to the Catch Sharing Plan.
[[Page 18829]]
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, Washington and the Salmon Troll Fishery Along the West
Coast
The Plan provides that incidental halibut retention in the
sablefish primary fishery north of Pt. Chehalis, Washington, will be
allowed when the Area 2A TAC is greater than 900,000 lb (408.2 mt),
provided that a minimum of 10,000 lb (4.5 mt) is available above a
Washington recreational TAC of 214,100 lb (97.1 mt). In 2014, the TAC
is 960,000 lb (435.4 mt); therefore, the allocation for incidental
halibut retention in the sablefish fishery is 14,274 lb (6.47 mt).
Landing restrictions were recommended by the Council at its March 8-13,
2014, meeting. NMFS will publish the restrictions in a future final
rule in the Federal Register.
The Plan allocates 15 percent of the non-Indian commercial TAC to
the salmon troll fishery in Area 2A. For 2014 that allocation is 29,671
lb (13.46 mt).
Comments and Responses
NMFS accepted comments through February 21, 2014, on the proposed
rule for the Area 2A Plan and annual management measures and received
29 public comment letters: One comment letter each from Washington
Department of Fish and Wildlife (WDFW) and Oregon Department of Fish
and Wildlife (ODFW) recommending season dates for halibut sport
fisheries in each state, one letter from the Council correcting the
Plan language and resulting allocations for the Oregon subareas and
correcting a season opening date in the Washington North Coast subarea,
one letter from an individual commenting on treaty rights, and 25
letters regarding halibut fishing off California.
Comment 1: The WDFW held a public meeting following the IPHC's
final 2014 TAC decisions to review the results of the 2013 Puget Sound
halibut fishery, and to develop season dates for the 2014 sport halibut
fishery. Based on the 2014 Area 2A TAC of 960,000 lb (435.4 mt), the
halibut quota for the Puget Sound sport fishery is 57,393 lb (26 mt).
Because the catch in this area has exceeded the quota in recent years,
WDFW has recommended a shorter season for 2014, even though the
allocation to the Puget Sound subarea is the same as 2013. Within the
Puget Sound sport halibut fishery, WDFW recommends the following dates:
In the Eastern Region open May 9, 10, and 17; May 22-25 (Thu-Sun); May
29-31 (Thu-Sun); and Saturday, June 7. In the Western Region open May
22-25 (Thu-Sun); May 29-31 (Thu-Sun); and Saturday, June 7.
Response: NMFS agrees with WDFW's recommended Puget Sound season
dates. These dates will help keep this area within its quota, while
providing for angler enjoyment and participation. Therefore, NMFS
implements the dates for this subarea as stated above, in this final
rule.
Comment 2: ODFW received public comments on Oregon halibut
fisheries through a public meeting and an online survey following the
final TAC decision by the IPHC. In the Central Coast subarea, ODFW
recommends the following days for the spring fishery, within this
subarea's parameters, for a Thursday-Saturday season and with weeks of
adverse tidal conditions skipped: Regular open days May 8-10, May 22-
24, June 5-7, and June 19-21. Back-up dates will be July 3-5, July 17-
19, and July 31. For the summer fishery in this subarea, ODFW
recommends following the Plan's parameters of opening the first Friday
in August, with open days to occur every other Friday-Saturday, unless
modified in-season within the parameters of the Plan. Under the Plan,
the 2014 summer all-depth fishery in Oregon's Central Coast Subarea
occurs: August 1, 2; 15, 16; 29, 30; September 12, 13; 26, 27; October
10, 11; and 24, 25.
Additionally, ODFW pointed out that the Catch Sharing Plan
language, as transmitted to NMFS by the Council, incorrectly described
the intended source of the allocation to the new Southern Oregon
subarea as the Spring all-depth allocation rather than the Central
Coast allocation. Therefore, the proposed rule incorrectly listed the
allocation amounts to the Central coast subarea spring fishery and the
Southern Oregon subarea. The Council submitted corrected Plan language
in their comment letter, as described below. ODFW supports the
Council's letter correctly describing the allocations.
Response: NMFS agrees with ODFW's recommended Central Coast season
dates. These dates will help keep this area within its quota, while
providing for angler enjoyment and participation. Therefore, NMFS
implements the dates in this final rule. NMFS also agrees with ODFWs
clarification for the Central coast subarea and Southern Oregon subarea
allocations and implements the corrected allocations in this final
rule.
Comment 3: The Pacific Fishery Management Council submitted a
letter describing the incorrect Plan language for the Southern Oregon
allocation and an incorrect date in the proposed rule for the
Washington North Coast subarea. While the intended source of the
allocation for the Southern Oregon subarea was correctly described the
ODFW report before the Council, it was incorrectly described in Plan
language included in that report and transmitted to NMFS after the
Council made its final recommendation. The Southern Oregon subarea
should be allocated 2 percent of the Central Coast subarea allocation,
as was stated in the ODFW report and in the final motion as approved by
the Council, and not allocated an amount from the Central Coast spring
fishery as described in the proposed rule.
Response: NMFS supports the Council's corrected Plan language as
submitted because this language accurately reflects the Council's final
motion. NMFS also makes the correction to the Washington North Coast
subarea date as described in this final rule.
Comment 4: Several commenters requested NMFS delay the
implementation of the Council's recommended August closure in the newly
created California subarea. Several commenters stated that fishing has
improved each year and there is no evidence that halibut is overfished
in Northern California. Several commenters stated that the decision to
close the month of August is no longer necessary because the IPHC
survey results for 2013 showed there was 100,000 lbs of exploitable
biomass off Northern California that was previously undetected, and
that this closure will cause unnecessary economic hardship to
recreational anglers.
Response: NMFS agrees that catches in northern California have
increased over the last several years and that halibut are being
managed at a sustainable level, but NMFS does not agree that this makes
the August closure in the California subarea unnecessary. We believe
the increase in catches means more information is needed about the
relative abundance of halibut, not that the allocation should be
increased at this time or that the August closure should be delayed.
While more information is being gathered through repeated stock
assessment surveys it is necessary to manage the California subarea to
its allocation, similar to all other areas. A Council workgroup
analyzed Plan changes that would reduce projected catch in California
by 40 to 60 percent, relative to the most recent 5 year average, in
order to manage this fishery in a manner more consistent with the
allocation framework. The analysis showed that even with a reduction of
this magnitude, catch in this area is projected to exceed the
allocation. However, NMFS believes this management action to close the
[[Page 18830]]
recreational halibut fishery during the month of August is a good first
step in attempting to manage this area in a manner more consistent with
the allocation, while additional stock assessment surveys are conducted
to help determine relative abundance of the halibut resource in
California. Following the Council's South of Humbug workgroup's
analysis, CDFW recommended closing the recreational halibut fishery
during August as the best way to achieve the targeted reduction. Other
alternatives were analyzed and considered, but they did not result in a
season structure that reduced projected catch to the target level while
still providing some fishing opportunity.
By way of comparison, subareas in Washington and Oregon have also
seen recreational fisheries attain their subarea quotas at faster rates
than anticipated. In those cases, inseason management action was taken
to control catch and manage in a manner consistent with the
allocations. Not implementing the August closure in California for 2014
would result in a harvest much greater than the allocation. NMFS
believes it is important to manage the halibut resource in a manner
consistent with the Area 2A Catch Sharing Plan. The Council did not
recommend a change in the allocations for Area 2A, and until
allocations are changed, there is a need to manage this fishery to stay
within the overall allocation and subarea allocations.
Regarding the results of the IPHC survey, NMFS believes the
commenters misunderstand the implications of the IPHC apportionment and
survey results. NMFS acknowledges that in an IPHC presentation from the
Interim Meeting, there is a 100,000 lbs difference between the Fishery
Constant Exploitation Yield values listed for Area 2A when the expanded
survey in 2013 is included and when it is not. However, NMFS does not
agree that this means there is simply 100,000 lbs of halibut now
available for harvest in California; rather, the survey results show
that Area 2A represented a larger portion of the total coastwide
halibut biomass. NMFS also disagrees that this makes the August closure
unnecessary. 2013 was the first year the IPHC survey operated in
Northern California, which is not enough time to show trends in
abundance in this area or to delay management changes necessary to
address several years of quota exceedences. The IPHC is planning to
repeat the northern California survey areas in 2014 and in additional
stations at shallow and deeper depths. NMFS believes information
gathered from the continuing survey will guide any further discussions
relative to halibut abundance.
NMFS understands that closure of the directed recreational halibut
fishery in August may have economic impacts on businesses that rely on
halibut. However, this fishery restriction is necessary to
significantly reduce catch and manage the fishery in a manner more
consistent with the current allocation.
Comment 5: The allocation to the California recreational fishery
should be increased to a more appropriate level to reflect the
abundance of Pacific halibut off the California coast.
Response: As discussed above, the IPHC conducts an annual stock
assessment survey in Area 2A. In 2013, the survey was expanded into
Northern California, providing some initial information on halibut
abundance in the area. The IPHC has recently announced the expansion of
the survey into new areas including areas south of the southern extent
of the 2013 survey and shallower and deeper depths for 2014. Survey
results will help inform any discussions the Council may have on Plan
changes. The Council annually addresses changes to the Plan. NMFS
believes the current allocations are appropriate, given the information
available. Implementing the Plan, as recommended by the Council, is the
best strategy for sustainable management of the halibut resource in
Area 2A.
Comment 6: Several comments stated National Standards 2 and 4 are
designed to require the Council and NMFS to use the best available
science and to allocate fish equitably among different state residents.
Response: While the regulations in this rule are not subject to the
National Standards of the Magnuson Stevens Act, the halibut TAC
decision is made after the IPHC Commissioners have considered the best
available science as presented by the IPHC through stock assessment
models, which are informed by the annual survey. As for National
Standard 4, the Plan and any changes are discussed through the Council,
which has representatives from Washington, Oregon, California, and
Idaho. Further, the Council hears advice from advisory bodies composed
of industry representatives from all three states and Plan changes go
through a two meeting process with time for the public to comment on
any concerns regarding those changes. Plan changes are implemented for
the benefit of all citizens.
Comment 7: Treaty rights should be ended, they are divisive and
serve no purpose.
Response: This comment is beyond the scope of this final rule and
NMFS' authority. The Plan allocates 35% of the Area 2A TAC to the
Tribes with treaty rights to fish for halibut. This allocation is
consistent with the treaties and caselaw interpreting those treaties,
which are federal law that govern the actions of NOAA.
Changes From the Proposed Rule
On February 6, 2014, NMFS published a proposed rule to modify the
Plan and recreational management measures for Area 2A (79 FR 7156). The
provisions in the proposed rule were based on the final 2A TAC of
960,000 lb. The main changes in this final rule are to add dates for
sport fisheries that were not listed in the proposed rule and update
the allocations to the Southern Oregon and Central Coast subareas. The
proposed rule did not contain final season dates because the states do
not submit their final season date recommendations until the final TAC
decision is made by the IPHC and the states have held their public
meetings. Additionally, this rule increases the Southern Oregon subarea
allocation and decreases the Central Coast allocation to match the
appropriate Plan allocations, as described in the Comments and
Responses section above; neither change affects any other subareas.
Finally, one minor change is made to the Washington North Coast subarea
dates to correct the error in the proposed rule identified in the
Council's comment letter. There are no other substantive changes from
the proposed rule.
Annual Halibut Management Measures
The sport fishing regulations for Area 2A, included in paragraph 26
below, are consistent with the measures adopted by the IPHC and
approved by the Secretary of State, but were developed by the Pacific
Fishery Management Council and promulgated by the United States under
the Halibut Act. Section 26 refers to a section that is in addition to
and corresponds to the numbering in the IPHC regulations published on
March 12, 2014 (79 FR 13906).
26. Sport Fishing for Halibut--Area 2A
(1) The total allowable catch of halibut shall be limited to:
(a) 214,110 pounds (97.1 metric tons) net weight in waters off
Washington; and
(b) 197,808 pounds (89.7 metric tons) net weight in waters off
California and Oregon.
[[Page 18831]]
(2) The Commission shall determine and announce closing dates to
the public for any area in which the catch limits promulgated by NMFS
are estimated to have been taken.
(3) When the Commission has determined that a subquota under
paragraph (8) of this section is estimated to have been taken, and has
announced a date on which the season will close, no person shall sport
fish for halibut in that area after that date for the rest of the year,
unless a reopening of that area for sport halibut fishing is scheduled
in accordance with the Catch Sharing Plan for Area 2A, or announced by
the Commission.
(4) In California, Oregon, or Washington, no person shall fillet,
mutilate, or otherwise disfigure a halibut in any manner that prevents
the determination of minimum size or the number of fish caught,
possessed, or landed.
(5) The possession limit on a vessel for halibut in the waters off
the coast of Washington is the same as the daily bag limit. The
possession limit on land in Washington for halibut caught in U.S.
waters off the coast of Washington is two halibut.
(6) The possession limit on a vessel for halibut caught in the
waters off the coast of Oregon is the same as the daily bag limit. The
possession limit for halibut on land in Oregon is three daily bag
limits.
(7) The possession limit on a vessel for halibut caught in the
waters off the coast of California is one halibut. The possession limit
for halibut on land in California is one halibut.
(8) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits are as follows, except as modified under the in-season
actions in 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 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 not managed in-season relative to its quota. This area is
managed by setting a season that is projected to result in a catch of
57,393 lbs (26 mt).
(i) The fishing season in eastern Puget Sound (east of
123[deg]49.50' W. long., Low Point) is May 9, 10, and 17; May 22-25
(Thu-Sun); May 29-31; and Saturday, June 7. The fishing season in
western Puget Sound (west of 123[deg]49.50' W. long., Low Point) is
open May 22-25 (Thu-Sun); May 29-31; and Saturday, June 7.
(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.), is
108,030 (49 mt).
(i) The fishing seasons are:
(A) Commencing on May 15 and continuing 2 days a week (Thursday and
Saturday) until 108,030 (49 mt) are estimated to have been taken and
the season is closed by the Commission, or until May 24.
(B) If sufficient quota remains the fishery will reopen on June 5
and/or June 7, continuing 2 days per week (Thursday and Saturday) until
there is not sufficient quota for another full day of fishing and the
area is closed by the Commission. After May 24, any fishery opening
will be announced on the NMFS hotline at 800-662-9825. No halibut
fishing will be allowed after May 24 unless the date is announced on
the NMFS hotline.
(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 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 Sec. 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.), is 42,739 lb (19.39 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 south coast subarea quota will be allocated as follows: 40,739
lb (18.48 mt) for the primary fishery and 2,000 lb (0.9 mt) for the
nearshore fishery. The primary fishery commences on May 4, and
continues 2 days a week (Sunday and Tuesday) until May 20. If the
primary quota is projected to be obtained sooner than expected, the
management closure may occur earlier. Beginning on June 1 the primary
fishery will be open at most 2 days per week (Sunday and/or Tuesday)
until the quota for the south coast subarea primary fishery is taken
and the season is closed by the Commission, or until September 30,
whichever is earlier. The fishing season in the nearshore area
commences on May 4, and continues 7 days per week. Subsequent to
closure of the primary fishery the nearshore fishery is open 7 days per
week, until 42,739 lb (19.39 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 via an update to the recreational halibut hotline.
(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, 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
[[Page 18832]]
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.), is 11,895 lb (5.4 mt).
(i) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 10 percent or
1,500 pounds of the subarea allocation, whichever is less. The
nearshore fishery is restricted to the area shoreward of the boundary
line approximating the 30 fm (55 m) depth contour from Leadbetter Point
to the Washington/Oregon border and the boundary line approximating the
40 fm (73 m) depth contour in Oregon. The nearshore fishery opens May
5, and continues 3 days per week (Monday-Wednesday) until the nearshore
allocation is taken, or September 30, whichever is earlier. The all
depth fishing season commences on May 1, and continues 4 days a week
(Thursday-Sunday) until 8,564 lb (3.8 mt) are estimated to have been
taken and the season is closed by the Commission, whichever is earlier.
The fishery will reopen on August 7 and continue 4 days a week
(Thursday-Sunday) until 2,141 lb (0.97 mt) has been taken and the
season is closed by the Commission, or until September 30, whichever is
earlier. Subsequent to this closure, if there is quota remaining in the
Columbia River subarea, but it is insufficient for another fishing day,
then any remaining quota may be transferred inseason to another
Washington and/or Oregon subarea by NMFS via an update to the
recreational halibut hotline. 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, except sablefish and Pacific cod when allowed by
Pacific Coast groundfish regulations, when halibut are on board the
vessel, 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.), is 185,621 lb (84.2 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences July
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 22,274 lb
(10.1 mt), or any in-season revised subquota, is estimated to have been
taken and the season is closed by the Commission, 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 8-10, May 22-24, June 5-7, and June 19-21.
The projected catch for this season is 113,229 lb (51.3 mt). If
sufficient unharvested quota remains for additional fishing days, the
season will re-open. Depending on the amount of unharvested quota
available, the potential season re-opening dates will be: July 3-5,
July 17-19, and July 31. If NMFS decides inseason to allow fishing on
any of these re-opening dates, notice of the re-opening will be
announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. No
halibut fishing will be allowed on the re-opening dates unless the date
is announced on the NMFS hotline.
(C) If sufficient unharvested quota remains, the third season
(summer season), which is for the ``all-depth'' fishery, will be open
August 1, 2; 15, 16; 29, 30; September 12, 13; 26, 27; October 10, 11;
and 24, 25; or until the combined spring season and summer season
quotas in the area between Cape Falcon and Humbug Mountain, OR, are
estimated to have been taken and the area is closed by the Commission,
or October 31, whichever is earlier. NMFS will announce on the NMFS
hotline in July whether the fishery will re-open for the summer season
in August. No halibut fishing will be allowed in the summer season
fishery unless the dates are announced on the NMFS hotline. Additional
fishing days may be opened if sufficient quota remains after the last
day of the first scheduled open period on August 1, 2014. 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 8 and
ending October 31. If after September 1, 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 5 and 6, and ending October 31. After September 1,
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, no Pacific
Coast groundfish may be taken and retained, possessed or landed, except
sablefish and Pacific cod, when allowed by Pacific Coast groundfish
regulations, 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.) is 3,712 lb (1.68 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.
(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 6,240 lb (2.8 mt).
(i) The fishing season will be open May 1 through July 31, 7 days a
week and September 1 through October 31, 7 days per week.
(ii) The daily bag limit is one halibut of any size per day per
person.
[[Page 18833]]
Classification
Section 5 of the Northern Pacific Halibut Act of 1982 (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 Pacific Council's authority to allocate halibut
catches among fishery participants in the waters in and off the U.S.
West Coast.
This action has been determined to be not significant for purposes
of Executive Order 12866.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) in
association with the proposed rule for the 2014 Area 2A Catch Sharing
Plan. The final regulatory flexibility analysis (FRFA) incorporates the
IRFA, a summary of the significant issues raised by the public comments
in response to the IRFA, if any, and NMFS' responses to those comments,
and a summary of the analyses completed to support the action. NMFS
received no comments on the IRFA. A copy of the FRFA is available from
the NMFS West Coast Region (see ADDRESSES) and a summary of the FRFA
follows.
The main management objective for the Pacific halibut fishery in
Area 2A is to manage fisheries to remain within the TAC for Area 2A,
while also allowing each commercial, recreational (sport), and tribal
fishery to target halibut in the manner that is appropriate to meet
both the conservation requirements for species that co-occur with
Pacific halibut and the needs of fishery participants in particular
fisheries and fishing areas. The changes to the Plan are described
above.
Under the Regulatory Flexibility Act (RFA), NMFS must identify the
small entities impacted by this rule, describe the impact, and describe
any alternative actions considered. This action will affect fishing
entities, including commercial and charter or party boats, and towns or
communities in the fishing areas. Under the Small Business
Administration's (SBA) regulations implementing the RFA, a fishing
entity is considered ``small'' if it has gross annual receipts of less
than $19.0 million. A governmental jurisdiction (i.e., town or
community) is considered a small entity if it has fewer than 50,000
people. For marinas and charter or party boats, a small business is one
with annual receipts not in excess of $7.0 million. Although many small
and large nonprofit enterprises track fisheries management issues on
the West Coast, the changes to the Plan and annual management measures
will not directly affect those enterprises. Similarly, although many
fishing communities are small governmental jurisdictions, no direct
regulations for those governmental jurisdictions will result from this
rule. However, charter boat operations and participants in the non-
treaty directed commercial fishery off the coast of Washington, Oregon,
and California, are small businesses that are directly regulated by
this rule. These businesses are vessels that are issued IPHC licenses.
In 2013 (the most recent data available), 608 vessels were issued IPHC
licenses to retain halibut. IPHC issues licenses for: The directed
commercial fishery in Area 2A (149 licenses in 2013); incidental
halibut caught in the salmon troll fishery (332 licenses in 2013); and
the charterboat fleet (127 licenses in 2013). No vessel may participate
in more than one of these three fisheries per year.
The major effect of halibut management on small entities will be
from the internationally set TAC decisions made by IPHC. Based on the
recommendations of the states, and as conveyed through the Council,
NMFS is implementing minor changes to the Plan that maximize
recreational and commercial opportunities under the allocations that
result from the TAC. There are no large entities involved in the
halibut fisheries; therefore, none of these changes will have a
disproportionate negative effect on small entities versus large
entities. Based on the economic dimensions of the fishery, these minor
proposed changes to the Plan are not expected to have a significant
economic impact on a substantial number of small entities. The
decreased TAC and associated management measures lead to combined
fleetwide declines of under $700,000 n terms of ex-vessel revenues and
recreational expenditures relative to 2013.
As described above, NMFS received 25 letters opposed to closing the
new California subarea in August because of the economic impacts of
this closure, many of these letters cited the results of a recent IPHC
biological survey off California. These issues are addressed in the
responses to Comment 4 above.
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 Council 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 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 Plan, have been developed in consultation with the affected
tribe(s) and, insofar as possible, with tribal consensus.
NMFS prepared an environmental assessment (EA) for the continued
implementation of the Plan for 2014-2016 and the AA concluded that
there will be no significant impact on the human environment as a
result of this rule. A copy of the EA is available from NMFS (see
ADDRESSES).
NMFS conducted a formal section 7 consultation under the Endangered
Species Act for the Area 2A Catch Sharing Plan for 2014-2016 addressing
the effects of implementing the Plan on ESA-listed yelloweye rockfish,
canary rockfish, and bocaccio in Puget Sound, the Southern Distinct
Population Segment (DPS) of green sturgeon, salmon, marine mammals, and
sea turtles. In the biological opinion the Regional Administrator
determined that the implementation of the Catch Sharing Plan for 2014-
2016 is not likely to jeopardize the continued existence of Puget Sound
yelloweye rockfish, Puget Sound canary rockfish, Puget Sound bocaccio,
Puget Sound Chinook, Lower Columbia River Chinook, and green sturgeon.
It is not expected to result in the destruction or adverse modification
of critical habitat for green sturgeon or result in the destruction or
adverse modification of proposed critical habitat for Puget Sound
yelloweye rockfish, canary rockfish, bocaccio. In addition, the opinion
concluded that the implementation of the Plan is not likely to
adversely affect marine mammals, the remaining listed salmon species
and sea turtles, and is not likely to adversely affect critical habitat
for Southern resident killer whales, stellar sea lions, leatherback sea
turtles, any listed salmonids, and humpback whales. Further, the
Regional Administrator determined that implementation of the Catch
Sharing Plan will have no effect on southern eulachon; this
determination was made in a letter dated March 12, 2014.
[[Page 18834]]
NMFS finds good cause to waive the 30-day delay in effectiveness
and make this rule effective on filing with the Office of the Federal
Register, pursuant to 5 U.S.C. 553(d)(3), so that this final rule may
become effective on April 1, 2014. Leaving the 2013 annual management
measures in place could harm to the halibut stock, because those
measures are not based on the most current scientific information.
Also, because the 2014 TAC is lower than the 2013 TAC, allowing the
2013 measures to remain in place could cause drastic management changes
later in the year to prevent exceeding the lower 2014 subarea
allocations once the 2014 measures are implemented and the 2014 Plan is
approved. Those measures might significantly impact the fishery members
by causing them to curtail effort or possibly lose revenue. Finally,
this final rule approves the Council's 2014 Plan that responds to the
needs of the fisheries in each state and approves the portions of the
Plan allocating incidentally caught halibut in the salmon troll and
sablefish primary fisheries, which start April 1. Therefore, allowing
the 2013 subarea allocations and 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 2014. Finally, this rule could not
be published earlier due to a delay in completing the accompanying
biological opinion and environmental assessment. For all of these
reasons, a delay in effectiveness could ultimately cause economic harm
to the fishing industry and associated fishing communities by reducing
fishing opportunity later in the year to keep catch in the subareas
within the lower 2014 allocations or result in harvest levels
inconsistent with the best available scientific information. As a
result of the potential harm to the halibut stock and 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
effectiveness and make this rule effective upon filing with the Office
of the Federal Register.
Authority: 16 U.S.C. 773 et seq.
Dated: April 1, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-07536 Filed 4-1-14; 4:15 pm]
BILLING CODE 3510-22-P