Pacific Halibut Fisheries; Catch Sharing Plan, 12133-12141 [2018-05623]
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Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations
12133
TABLE 301–4—UPPER CRITICAL VALUES OF THE F DISTRIBUTION FOR THE 95 PERCENT CONFIDENCE LIMIT 1
Numerator (k1) and denominator (k2) degrees of freedom
F{F>F.05(k1,k2)}
1,1 ..................................................................................................................................................................................................
2,2 ..................................................................................................................................................................................................
3,3 ..................................................................................................................................................................................................
4,4 ..................................................................................................................................................................................................
5,5 ..................................................................................................................................................................................................
6,6 ..................................................................................................................................................................................................
7,7 ..................................................................................................................................................................................................
8,8 ..................................................................................................................................................................................................
9,9 ..................................................................................................................................................................................................
10,10 ..............................................................................................................................................................................................
11,11 ..............................................................................................................................................................................................
12,12 ..............................................................................................................................................................................................
13,13 ..............................................................................................................................................................................................
14,14 ..............................................................................................................................................................................................
15,15 ..............................................................................................................................................................................................
16,16 ..............................................................................................................................................................................................
17,17 ..............................................................................................................................................................................................
18,18 ..............................................................................................................................................................................................
19,19 ..............................................................................................................................................................................................
20,20 ..............................................................................................................................................................................................
1 Adapted
161.40
19.00
9.28
6.39
5.05
4.28
3.79
3.44
3.18
2.98
2.82
2.69
2.58
2.48
2.40
2.33
2.27
2.22
2.17
2.12
from References 18.17 and 18.18 in section 18.0.
TABLE 301–5—PROCEDURES FOR ESTIMATING So
If the estimated LOD (LOD1, expected approximate LOD concentration
level) is no more than twice the calculated LOD or an analyte in a
sample matrix was collected prior to an analytical measurement, use
Procedure I as follows.
Procedure I:
Determine the LOD by calculating a method detection limit (MDL)
as described in 40 CFR part 136, appendix B.
*
*
*
*
*
If the estimated LOD (LOD1, expected approximate LOD concentration
level) is greater than twice the calculated LOD, use Procedure II as
follows.
Procedure II:
Prepare two additional standards (LOD2 and LOD3) at concentration levels lower than the standard used in Procedure I (LOD1).
Sample and analyze each of these standards (LOD2 and LOD3) at
least seven times.
Calculate the standard deviation (S2 and S3) for each concentration level.
Plot the standard deviations of the three test standards (S1, S2
and S3) as a function of concentration.
Draw a best-fit straight line through the data points and extrapolate
to zero concentration. The standard deviation at zero concentration is So.
Calculate the LOD0 (referred to as the calculated LOD) as 3 times
So.
Interim final rule; request for
comments.
ACTION:
[FR Doc. 2018–05400 Filed 3–19–18; 8:45 am]
BILLING CODE 6560–50–P
NMFS is implementing this
interim final rule to establish
regulations for 2018 Pacific halibut
catch limits in the following
International Pacific Halibut
Commission (IPHC) Regulatory Areas:
Area 2C (Southeast Alaska), Area 3A
(Central Gulf of Alaska), Area 3B
(Western Gulf of Alaska), and Area 4
(subdivided into five areas, 4A through
4E, in the Bering Sea and Aleutian
Islands of Western Alaska). This interim
final rule revises a catch sharing plan
(CSP) for guided sport (charter) and
commercial individual fishing quota
(IFQ) halibut fisheries in Area 2C and
Area 3A, revises regulations applicable
to the charter halibut fisheries in Area
2C and Area 3A, and revises a CSP for
the commercial IFQ and Western Alaska
SUMMARY:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 180202117–8117–01]
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RIN 0648–BH58
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Community Development Quota (CDQ)
halibut fisheries in Areas 4C, 4D, and
4E. This action is necessary because the
IPHC, at its annual meeting, did not
recommend new catch limits or specific
CSP allocations and charter
management measures for Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E for 2018, and
the 2017 IPHC regulations are in effect
until superseded. This interim final rule
is necessary because immediate action
is needed to ensure that halibut catch
limits, charter halibut fishery
management measures, and CSP
allocations are in place at the start of the
commercial IFQ and CDQ halibut
fishery on March 24, 2018, that better
protect the declining Pacific halibut
resource. This action is intended to
enhance the conservation of Pacific
halibut and is within the authority of
the Secretary of Commerce (Secretary)
to establish additional regulations
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governing the taking of halibut which
are more restrictive than those adopted
by the IPHC.
DATES: Effective March 19, 2018,
through December 31, 2018. Comments
must be received by April 19, 2018.
ADDRESSES: Submit comments,
identified by docket number NOAA–
NMFS–2018–0024, by either of the
following methods:
• Electronic Submission: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180024, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the
environmental assessment (EA), and the
Regulatory Impact Review (RIR),
collectively (Analysis), prepared for this
interim final rule are available from
https://www.regulations.gov or from the
NMFS Alaska Region website at https://
alaskafisheries.noaa.gov.
Additional requests for information
regarding halibut may be obtained by
contacting the International Pacific
Halibut Commission, 2320 W.
Commodore Way, Suite 300, Seattle,
WA 98199–1287; or Sustainable
Fisheries Division, NMFS Alaska
Region, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian, Records
Officer; or Sustainable Fisheries
Division.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Background
The IPHC can recommend regulations
that govern the Pacific halibut fishery,
pursuant to the Convention between
Canada and the United States of
America for the Preservation of the
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Halibut Fishery of the Northern Pacific
Ocean and Bering Sea (Convention),
Mar. 2, 1953, 5 U.S.T. 5, and the
Protocol Amending the Convention
Between Canada and the United States
of America for the Preservation of the
Halibut Fishery of the Northern Pacific
Ocean and Bering Sea (Protocol), Mar.
29, 1979, 32 U.S.T. 2483. The IPHC’s
regulatory areas (Areas) are: Area 2A
(California, Oregon, and Washington);
Area 2B (British Columbia); Area 2C
(Southeast Alaska), Area 3A (Central
Gulf of Alaska), Area 3B (Western Gulf
of Alaska), and Area 4 (subdivided into
five areas, 4A through 4E, in the Bering
Sea and Aleutian Islands of Western
Alaska). These Areas are described at 50
CFR part 679, Figure 15.
Pursuant to the Northern Pacific
Halibut Act of 1982 (Halibut Act) at 16
U.S.C. 773b, the Secretary of State, with
the concurrence of the Secretary of
Commerce, may accept or reject, on
behalf of the United States, regulations
recommended by the IPHC in
accordance with the Convention. On
February 26, 2018, the Secretary of
State, with the concurrence of the
Secretary of Commerce, accepted the
2018 IPHC regulations agreed upon and
recommended by the IPHC as provided
by the Halibut Act at 16 U.S.C. 773b.
Pacific Halibut Fisheries; Catch Sharing
Plan, 83 FR 10390, March 9, 2018.
The Halibut Act provides the
Secretary of Commerce with general
responsibility to carry out the
Convention under the Halibut Act (16
U.S.C. 773c(a) and (b)). This general
responsibility includes adopting such
regulations, in consultation with the
U.S. Coast Guard, as may be necessary
to carry out the purposes and objectives
of the Convention and the Halibut Act
(16 U.S.C. 773c(b)). The Regional
Fishery Management Councils may
develop, and the Secretary of Commerce
may implement, regulations governing
harvesting privileges among U.S.
fishermen in U.S. waters which are in
addition to, and not in conflict with,
regulations adopted by the IPHC (16
U.S.C. 773c(c)). Id.; Protocol, Article 1.
Also, the North Pacific Fishery
Management Council (NPFMC) has
exercised this authority most notably in
developing halibut management
programs for three fisheries that harvest
halibut in Alaska: The subsistence,
sport, and commercial fisheries. The
Pacific Fishery Management Council
(PFMC) has exercised this authority by
developing a catch sharing plan
governing the allocation of halibut and
management of sport fisheries on the
U.S. West Coast. See 50 CFR part 300
and Pacific Halibut Catch Sharing Plan
for Area 2A available on the PFMC
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website (https://www.pcouncil.org/wpcontent/uploads/2017/02/Final_2017_
PACIFIC_HALIBUT_CATCH_
SHARING_PLAN_FOR_AREA_2A.pdf).
Relevant to this interim final rule, the
Secretary exercised the authority under
Article I of the Convention and 16
U.S.C. 773c(a) and (b) in 1990 to
implement regulations on commercial
and sport catch limits that were more
restrictive than the IPHC regulations
published in 1989 because the IPHC, at
its annual meeting in 1990, did not
approve new management measures for
1990 (62 FR 11929, March 30, 1990).
The regulations published in 1989 were
in effect until superseded.
Specific to this interim final rule, the
Secretary is implementing, under those
same authorities, catch limits in Areas:
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E,
catch sharing plan (CSP) allocations for
charter and commercial IFQ halibut
fisheries in Area 2C and Area 3A,
charter halibut management measures in
Areas 2C and 3A, and CSP allocations
for the commercial IFQ and CDQ halibut
fisheries in Areas 4C, 4D, and 4E that
are necessary to carry out the purposes
and objectives of the Convention. The
Secretary is using an interim final rule
because the 2017 IPHC regulations are
in effect until superseded and more
restrictive management measures to
conserve the Pacific halibut resource are
needed prior to the March 24, 2018,
opening date.
Subsistence and sport halibut fishery
regulations for Alaska are codified at 50
CFR part 300. Commercial halibut
fisheries in Alaska are subject to the IFQ
Program and CDQ Program (50 CFR part
679) regulations, and the area-specific
catch sharing plans (CSPs) for Areas 2C,
3A, and Areas 4C, 4D, and 4E.
The NPFMC implemented a CSP
among commercial IFQ and CDQ
halibut fisheries in IPHC Regulatory
Areas 4C, 4D, and 4E (commonly
referred to as Area 4CDE, Western
Alaska) through rulemaking, and the
Secretary of Commerce approved the
plan on March 20, 1996 (61 FR 11337).
The Area 4 CSP regulations were
codified at 50 CFR 300.65, and were
amended on March 17, 1998 (63 FR
13000). New annual regulations
pertaining to the Area 4 CSP also may
be implemented through regulations
established by the Secretary that are
necessary to carry out the purposes and
objectives of the Convention.
The NPFMC recommended and
NMFS implemented through
rulemaking a CSP for charter and
commercial IFQ halibut fisheries in
IPHC Regulatory Area 2C and Area 3A
on January 13, 2014 (78 FR 75844,
December 12, 2013). The Area 2C and
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3A CSP regulations are codified at 50
CFR 300.65. The CSP defines an annual
process for allocating halibut between
the commercial and charter fisheries so
that each sector’s allocation varies in
proportion to halibut abundance,
specifies a public process for setting
charter fishery management measures,
and authorizes limited annual leases of
commercial IFQ for use in the charter
fishery as guided angler fish (GAF).
The IPHC held its annual meeting in
Portland, Oregon, from January 22
through 26, 2018, and recommended a
number of changes to the 2017 IPHC
regulations (82 FR 12730, March 7,
2017). The Secretary of State accepted
the annual management measures,
including the following changes to the
previous IPHC regulations for 2018
pertaining to:
1. New commercial halibut fishery
opening and closing dates in Section 9;
2. Revisions to existing regulations to
clarify the requirement for commercial
halibut to be landed and weighed with
the head attached;
3. Modifications that align IPHC
regulations to recent NPFMC actions
that would allow CDQ groups to lease
(receive by transfer) halibut quota share
(QS) in Areas 4B, 4C, and 4D;
4. A minor revision to clarify that
halibut harvested on a charter vessel
fishing trip in Area 2C or Area 3A must
be retained on board the vessel on
which the halibut was caught until the
end of the fishing trip;
5. Addition of language to existing
regulations that clarifies the skin-on
requirement of halibut that are retained
and cut into sections on board a sport
fishing vessel;
6. Changes to allow halibut to be
taken with pot gear under specific
circumstances provided in NMFS
regulations;
7. Revisions to the management
measures for Area 2C and Area 3A
charter halibut anglers that close three
Tuesdays to charter halibut fishing. The
dates for the 2017 closures are revised
to conform to specific dates in 2018; and
8. Minor revisions to standardize
terminology and clarify the regulations,
including a new table to specify the
commercial, sport, and Treaty fishing
catch limits for all IPHC regulatory
areas.
Pursuant to regulations at 50 CFR
300.62, the 2018 IPHC annual
management measures recommended by
the IPHC and accepted by the Secretary
of State were published in the Federal
Register to provide notice of their
immediate regulatory effectiveness and
to inform persons subject to the
regulations of their restrictions and
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requirements (83 FR 10390, March 9,
2018).
At its 2018 annual meeting, the IPHC
did not recommend:
1. New catch limits in any IPHC
regulatory area;
2. Revised CSP allocations for charter
and commercial IFQ halibut fisheries in
Area 2C and Area 3A;
3. Revised charter halibut
management measures in Areas 2C and
3A; or
4. Revised CSP allocations for the
commercial IFQ and CDQ halibut
fisheries in Areas 4C, 4D, and 4E.
All of the catch limits, CSP
allocations, and charter management
measures considered for
recommendation by the IPHC in 2018
were intended to reduce the harvest of
halibut compared to 2017 because the
biological information presented by the
IPHC scientists indicated that the
spawning biomass, and the biomass
available to the halibut fisheries, is
projected to decline. The rate of fishing
mortality is projected to increase over
the next several years if harvests are not
reduced relative to 2017.
Although the United States and
Canada voiced consensus at the IPHC’s
January 2018 annual meeting that some
reduction in catch limits relative to
2017 in all Areas was appropriate, U.S.
and Canadian Commissioners could not
agree on specific catch limits for 2018.
Therefore, the IPHC did not make a
recommendation to the Secretary of
State to revise the catch limits that were
recommended and implemented in
2017. Because the U.S. and Canadian
Commissioners could not reach
agreement on the specific catch limits in
each Area, the IPHC did not provide
specific recommendations to revise the
allocations resulting from the CSP for
charter and commercial IFQ halibut
fisheries in Area 2C and Area 3A,
charter halibut management measures in
Areas 2C and 3A, or the allocations
resulting from the CSP for the
commercial IFQ and CDQ halibut
fisheries in Areas 4C, 4D, and 4E.
Although the U.S. and Canada could
not agree on specific catch limits, the
U.S. Commissioners did endorse
specific catch limits that would apply to
waters off Alaska (Areas 2C through 4),
and specific allocations and charter
management measures based on the
CSPs in place. NMFS, consistent with
the authority under the Convention and
the Halibut Act, is implementing the
catch limits, allocations resulting from
the CSPs, and charter management
measures endorsed by the U.S.
Commissioners for 2018. These
measures are intended to meet the
conservation and management
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objectives of the IPHC and the NPFMC.
The following sections of this preamble
describe the rationale for the catch
limits, CSP allocations, and charter
management measures being
implemented in Areas 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E under this interim
final rule. The catch limit for Area 2A
is being addressed in a separate rule.
Catch Limits
In 2017, the IPHC conducted its
annual stock assessment using a range
of updated data sources as described in
detail in the 2018 IPHC Report of
Assessment and Research Activities
(2018 RARA; available at www.iphc.int).
The IPHC used an ‘‘ensemble’’ of four
equally weighted models, comprised of
two long time-series models, and two
short time-series models that use data
series either divided by geographical
region (IPHC Regulatory Area) or
aggregated into coastwide summaries, to
evaluate the Pacific halibut stock. These
models incorporate data from the 2017
IPHC survey, the 2017 commercial
halibut fishery, the most recent NMFS
trawl survey, weight-at-age estimates by
region, and age distribution information
for bycatch, sport, and sublegal discard
removals. As has been the case since
2012, the results of the ensemble models
are integrated, and incorporate
uncertainty in natural mortality rates,
environmental effects on recruitment,
and other structural and parameter
categories. The data and assessment
models used by the IPHC are reviewed
by the IPHC’s Scientific Review Board
comprised of non-IPHC scientists who
provide an independent scientific
review of the stock assessment data and
models and provide recommendations
to IPHC staff and to the Commission.
The Scientific Review Board did not
identify any substantive errors in the
data or methods used in the 2017 stock
assessment. NMFS believes the IPHC’s
data and assessments models constitute
best available science on the status of
the Pacific halibut resource.
The IPHC’s data, including the setline
survey, indicates that the Pacific halibut
stock declined continuously from the
late 1990s to around 2010, as a result of
decreasing size at a given age (size-atage), as well as somewhat weaker
recruitment strengths than those
observed during the 1980s. The biomass
of spawning females is estimated to
have stabilized near 200,000,000
pounds (90,718 mt) in 2010, and since
then the stock is estimated to have
increased gradually until 2017.
The 2017 stock assessment projects
that the biomass of spawning females at
the beginning of 2018 is estimated to be
202,000,000 pounds (91,626 mt). Data
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from the 2017 stock assessment indicate
that recent recruitments of recent age
classes (cohorts) of Pacific halibut are
estimated to be smaller than any
recruitment from 1999 through 2005.
This indicates a high probability of
decline in the female spawning stock
biomass in future years.
The IPHC presented biological
information indicating the effect of a
range of different catch limits on the
spawning stock biomass and the
harvestable yield over the period from
2019 through 2021. Specifically, the
IPHC staff provided information
describing the potential implications of
three alternative catch limits:
• Alternative 1 (status quo): Maintain
catch limits in Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E, and charter management
measures in Areas 2C and 3A equal to
those adopted by the IPHC in 2017.
• Alternative 2 (implemented in this
rule): Reduce catch limits in Areas 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E, and
modify charter management measures in
Areas 2C and 3A, as endorsed by the
U.S. Commissioners but not
recommended by the IPHC at the 2018
IPHC Annual Meeting.
• Alternative 3: Reduce catch limits
in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E, and modify charter management
measures in Areas 2C and 3A consistent
with the IPHC’s interim management
procedure.
The IPHC’s interim management
procedure (reference fishing intensity of
F46% SPR) seeks to maintain the total
mortality of halibut across its range from
all sources based on a reference level of
fishing intensity so that the Spawning
Potential Ratio (SPR) is equal to 46
percent. The reference fishing intensity
of F46% SPR seeks to allow a level of
fishing intensity that is expected to
result in approximately 46 percent of
the spawning stock biomass per recruit
compared to an unfished stock (i.e., no
fishing mortality). Lower values indicate
higher fishing intensity. Additional
information on the status of the halibut
resource under these catch limit
alternatives is provided in the Analysis
(see ADDRESSES).
The following sections of this
preamble provide a comparison of the
relative risk of a decrease in stock
abundance, status, or fishery metrics, for
a range of alternative catch levels for
2018 under each of these three
alternative catch limit scenarios. This
comparison assumes that other sources
of mortality from bycatch, personal use,
sport (not included in CSPs),
subsistence, and the rates of discard
mortality in the recreational and
commercial fisheries are similar to those
observed in 2017. This interim final rule
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refers to halibut catch limits,
commercial and charter allocations and
removals in net pounds or net metric
tons. Net pounds and net metric tons are
defined as the weight of halibut from
which the gills, entrails, head, and ice
and slime have been removed. This
terminology is used in this interim final
rule to be consistent with the IPHC,
which establishes catch limits and
calculates mortality in net pounds.
Although this interim final rule
addresses catch limits in Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E, this interim
final rule describes the impacts on the
halibut resource on a coastwide basis,
consistent with the current management
and known biological distribution of the
halibut resource. Because the 2017 catch
limits in Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E comprise the largest portion
of catch limits in all Areas (22,620,000
pounds [10,260 mt], or approximately
72 percent of all catch limits), the
impact of maintaining 2017 catch levels
in these Areas would have a significant
impact on the overall condition of the
halibut resource.
Alternative 1: Maintain Catch Levels
Equal to Those Adopted by the IPHC in
2017
In 2017, the IPHC recommended to
the governments of Canada and the
United States catch limits for 2017
totaling 31,400,000 pounds (14,243 mt).
Maintaining catch limits in all Areas,
including Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E, equal to 2017 would have
several short-term and possibly longterm adverse impacts on the halibut
resource.
If the 2017 catch limits were applied
in all Areas in 2018, the spawning stock
biomass is projected to decrease
substantially over the next three years
(2019 through 2021). Under this harvest
alternative there is estimated to be
greater than a 99 percent chance that the
spawning biomass will be lower in
2019, and a 34 percent chance that it
will be more than 5 percent lower than
the current level of 202,000,000 pounds
(91,626 mt). Under this alternative catch
limit, there is a 99 percent chance that
the spawning biomass will be lower
than the current level in 2021, and an
89 percent chance that it will be more
than 5 percent lower than the current
level of 202,000,000 pounds (91,626
mt). In 2021, there is a substantial
chance (23 percent) that the spawning
biomass will decline below the
threshold reference point (30 percent of
the spawning stock biomass remains)
used by the IPHC to indicate stock
conditions that would trigger a
substantial reduction in the commercial
halibut fishery under the interim IPHC
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management procedure. Overall, the
IPHC assessment predicts that the
spawning stock biomass would decrease
continuously between 2019 and 2021
under this catch limit alternative (see
Section 3.3 of the Analysis).
Under this alternative, if the 2017
catch limits were applied in all Areas in
2018, the future fishery yield, using the
reference fishing intensity of F46% SPR,
is also projected to decrease
substantially over the next three years
(2019 through 2021). The fishery yield
is the amount of harvest available for
harvest by commercial, recreational, and
subsistence users. The IPHC estimates
an 80 percent chance that the coastwide
fishery yield will be lower than the
status quo of 40,800,000 pounds (18,507
mt) in 2019, and a 76 percent chance
that it will be more than 10 percent
lower. Under this alternative, the IPHC
estimates at least an 81 percent chance
that the coastwide fishery yield will be
lower than 40,800,000 pounds (18,507
mt) in 2020 and 2021, and at least a 77
percent chance that it will be more than
10 percent lower in 2020 and 2021. This
alternative would provide the highest
short-term catch limits and the most
harvest opportunities for 2018 of the
three alternative catch limit scenarios
described in this preamble. Sections 3
and 4 of the Analysis summarize the
biological and economic impacts of this
alternative.
Alternative 2: Reduce Catch Limits as
Endorsed by the U.S. Commissioners
But Not Recommended by the IPHC
After considering the range of stock
assessment, commercial fishery, and
other biological information at its 2018
annual meeting, the U.S. Commissioners
to the IPHC stated that maintaining 2018
catch limits in Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E at the same level as those
implemented in 2017 would not be
consistent with its conservation
objectives for the halibut stock and its
management objectives for the halibut
fisheries. Specifically, the Protocol in
Article III states that the Commission
may limit the quantity of the catch ‘‘for
the purpose of developing the stocks of
halibut . . . to levels which will permit
the optimum yield from that fishery,
and of maintaining the stocks at those
levels . . .’’ The U.S. Commissioners
provided rationale that supported the
catch limits under this alternative and
implemented by this rule, including the
following:
• The IPHC survey, IPHC stock
assessment, and supporting information
from trawl and longline surveys
conducted by NMFS indicated
substantial reductions in the spawning
stock biomass and potential fishery
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yield of halibut in 2018 compared to
2017.
• The IPHC stock assessment
identified poor recruitment entering in
the portion of the halibut stock on
which the fishery relies over the
foreseeable future and those trends are
worsened with higher harvest rates.
• Although the IPHC survey is a
‘‘snapshot’’ of the health of the resource,
the results from the survey are further
substantiated by declining trends in
Bering Sea and Gulf of Alaska trawl
surveys, and declining trends in
commercial fishery weight-per-uniteffort (WPUE) in most areas (Areas 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E). The
IPHC survey indicates a 10 percent
reduction in survey WPUE, and a 24
percent reduction in survey numbersper-unit-effort (NPUE) coastwide.
• Since 2010, within Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E, the U.S. has
consistently been conservative in setting
catch limits at, below, or slightly over
the reference levels for the Areas that
reflected the IPHC interim management.
The U.S. Commissioners considered
information indicating that commercial
WPUE in some Areas was higher in
2017 relative to 2016. These commercial
data have led some fishery participants
to suggest that the surveys and IPHC
stock assessment do not adequately
reflect the abundance of harvestable
halibut. The U.S. Commissioners noted
that there is no indication that the
surveys or assessment are inaccurate to
any significant degree and are the best
scientific information available for
estimating halibut abundance (see
Section 3.3 of the Analysis for
additional detail).
The U.S. Commissioners noted that
establishing catch limits using the
reference fishing intensity of F46% SPR
would impose significant economic
costs on the commercial and charter
operators in Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E (see Section 3.3 of the
Analysis for additional detail).
Therefore, the U.S. Commissioners
stated their support for catch limits that
would effectively result in reducing
catch limits by an amount that is an
average between the 2017 catch limits
and the catch limits using the reference
fishing intensity of F46% SPR. The U.S.
Commissioners supported this approach
to provide some additional harvest
opportunities, but noted that the IPHC
stock assessment, IPHC survey, and
potential risks to the long-term
sustainability of the halibut resource do
not support larger catch limits.
Overall, the catch limits supported by
the U.S. Commissioners in Areas 2C,
12137
3A, 3B, 4A, 4B, 4C, 4D, and 4E would
result in moderate decreases relative to
2017 consistent with the best scientific
information available on the abundance
of harvestable halibut within these
Areas. Under this alternative, catch
limits correspond to a projected fishing
intensity of F41% SPR, which would
represent a slight decrease in fishing
intensity from the value for 2017 of
F40% SPR estimated prior to the start of
fishing in 2017, and less fishing
intensity than Alternative 1 (F38%)
estimated after the end of fishing in
2017.
As shown in Table 1, in some Areas
(e.g., Area 4A) the catch limit reductions
from 2017 to 2018 are relatively small
because the IPHC survey indicates that
the biomass in those Areas in 2017
decreased by only a small proportion.
Therefore, the relatively small reduction
in those Areas reflects the relatively
small decrease in the survey estimate. In
other Areas (e.g., Area 3B) the IPHC
survey indicates that the biomass in
2017 decreased by a larger proportion.
Table 1 summarizes the change in catch
limits in Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E from 2017 to 2018 under this
alternative implemented by this interim
final rule.
TABLE 1—PERCENT CHANGE IN CATCH LIMITS FROM 2017 TO 2018 IN AREAS 2C, 3A, 3B, 4A, 4B, 4C, 4D, AND 4E
UNDER ALTERNATIVE 2
2017
catch limit
(pounds)
Area
2018
catch limit
implemented
under
alternative 2
(pounds)
Change from
2017
(percent)
5,250,000
10,000,000
3,140,000
1,390,000
1,140,000
1,700,000
4,450,000
9,450,000
2,620,000
1,370,000
1,050,000
1,580,000
¥15.2
¥5.5
¥16.6
¥1.4
¥7.9
¥7.1
Total (2C–4) ..........................................................................................................................
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2C ................................................................................................................................................
3A .................................................................................................................................................
3B .................................................................................................................................................
4A .................................................................................................................................................
4B .................................................................................................................................................
4CDE ...........................................................................................................................................
22,620,000
20,520,000
¥9.3
Table 1 shows the combined
commercial and charter allocations for
Area 2C and Area 3A under the CSP.
This value includes allocations to the
charter sector, including charter fishing
incidental mortality, and an amount for
the combined commercial landings and
discard mortality. The 2018 commercial
catch limits after deducting discard
mortality are 3,570,000 pounds (1,619
mt) in Area 2C and 7,350,000 pounds
(3,334 mt) in Area 3A.
If the 2018 catch limits endorsed by
U.S. Commissioners for Areas 2A, 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E and the
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2018 catch limit endorsed by the
Canadian Commissioners for 2B were
applied in 2018, the spawning stock
biomass is still projected to decrease
substantially over the next three years
(2019 through 2021). Under this harvest
alternative, there is an estimated 93
percent chance that the spawning
biomass will be lower than the current
level in 2019, and a 19 percent chance
that it will be more than 5 percent lower
than the current level of 202,000,000
pounds (91,626 mt). Under this
alternative catch limit, there is a 92
percent chance that the spawning
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biomass will be lower in 2021, and a 72
percent chance that it will be more than
5 percent lower than the current level of
202,000,000 pounds (91,626 mt). In
2021, there is a chance (17 percent) that
the spawning biomass will decline
below the threshold reference point (30
percent of the spawning stock biomass
remains) used by the IPHC to indicate
stock conditions that would trigger a
substantial reduction in the commercial
halibut fishery under the interim
management procedure. Overall, the
IPHC assessment predicts that the
spawning stock biomass would decrease
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continuously between 2019 and 2021
under this catch limit alternative (see
Section 3.3 of the Analysis).
Under this alternative, if 2018 catch
limits endorsed by U.S. Commissioners
were applied in all Areas in 2018, the
future fishery yield, using the reference
fishing intensity of F46% SPR, is
projected to decrease substantially over
the next three years (2019 through
2021), but less so than Alternative 1.
The IPHC estimates a 73 percent chance
that the coastwide fishery yield will be
lower than a coastwide fishery yield of
37,200,000 pounds (16,874 mt) in 2019,
and a 63 percent chance that it will be
more than 10 percent lower. Under this
alternative, the IPHC estimates at least
a 75 percent chance that the coastwide
fishery yield will be lower than
37,200,000 pounds (16,874 mt) in 2020
and 2021, and at least a 67 percent
chance that it will be more than 10
percent lower in 2020 and 2021.
Sections 3 and 4 of the Analysis
summarize the biological and economic
impacts of this alternative.
Alternative 3: Reduce Catch Limits
Consistent With the IPHC’s Interim
Management Procedure
The U.S. and Canadian
Commissioners also considered an
alternative catch limit that would
establish catch limits in all regulatory
areas consistent with the IPHC’s interim
management procedure. Neither the
U.S. nor the Canadian Commissioners
recommended catch limits that were
consistent with the IPHC’s interim
management procedure. As described in
the previous section of this preamble,
the U.S. Commissioners observed that
establishing catch limits using the
reference fishing intensity of F46% SPR
would impose significant economic
costs on commercial and charter
operators in Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E (see Section 4 of the
Analysis for additional detail).
If the catch limits consistent with the
IPHC’s interim management procedure
were implemented in all Areas in 2018,
the spawning stock biomass is still
projected to decrease over the next three
years (2019 through 2021), but less than
under Alternatives 1 and 2. Under this
harvest alternative, there is an estimated
78 percent chance that the spawning
biomass will be lower than the current
level in 2019, and a 5 percent chance
that it will be more than 5 percent lower
than the current level of 202,000,000
pounds (91,626 mt). Under this
alternative catch limit, there is a 76
percent chance that the spawning
biomass will be lower than the current
level in 2021, and a 46 percent chance
that it will be more than 5 percent lower
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than the current level of 202,000,000
pounds (91,626 mt). In 2021, there is a
chance (10 percent) that the spawning
biomass will decline below the
threshold reference point (30 percent of
the spawning stock biomass remains)
used by the IPHC to indicate stock
conditions that would trigger a
substantial reduction in the commercial
halibut fishery under the interim
management procedure. Overall, the
IPHC assessment predicts that the
spawning stock biomass would decrease
continuously between 2019 and 2021
under this catch limit alternative (see
Section 3.3 of the Analysis).
Under this alternative, if 2018 catch
limits consistent with the IPHC’s
interim management procedure were
applied in all Areas in 2018, the future
fishery yield, using the reference fishing
intensity of F46% SPR, is projected to
decrease substantially over the next
three years (2019 through 2021), but less
so than Alternatives 1 and 2. The IPHC
estimates a 55 percent chance that the
coastwide fishery yield will be lower
than 31,000,000 pounds (14,061 mt) in
2019, and a 38 percent chance that it
will be more than 10 percent lower.
Under this alternative, the IPHC
estimates at least a 59 percent chance
that the fishery yield will be lower than
a coastwide fishery yield of 31,000,000
pounds (14,061 mt) in 2020 and 2021,
and at least a 45 percent chance that it
will be more than 10 percent lower in
2020 and 2021. Sections 3 and 4 of the
Analysis summarize the biological and
economic impacts of this alternative.
Catch Limits for Areas 2C, 3A, 4A, 4B,
4C, 4D, and 4E Implemented Under
This Rule
After considering the best available
scientific information, the Convention,
the status of the halibut resource, and
the potential social and economic costs
of the three alternative catch limits
described in this preamble, NMFS
implements through this interim final
rule catch limits that are consistent with
catch limits endorsed by the U.S.
Commissioners but not recommended
by the IPHC (Alternative 2).
This interim final rule adds a new
provision at 50 CFR 300.68(a)(1) to
implement catch limits for Areas 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E in 2018.
Consistent with the authority under the
Convention and the Halibut Act, the
regulations implemented at
§ 300.68(a)(1) under this interim final
rule supersede the allocations for Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E that
are described in section 12 of the 2018
IPHC annual management measures (83
FR 10390, March 9, 2018).
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Catch Sharing Plan for Area 2C and
Area 3A Implemented Under This Rule
In 2014, NMFS implemented a CSP
for Area 2C and Area 3A. The CSP
defines an annual process for allocating
halibut between the charter and
commercial fisheries in Area 2C and
Area 3A, and establishes allocations for
each fishery. To allow flexibility for
individual commercial and charter
fishery participants, the CSP also
authorizes annual transfers of
commercial halibut IFQ as GAF to
charter halibut permit holders for
harvest in the charter fishery. Under the
CSP, the IPHC recommends combined
catch limits (CCLs) for the charter and
commercial halibut fisheries in Area 2C
and Area 3A. Each CCL includes
estimates of discard mortality (wastage)
for each fishery. The CSP was
implemented to achieve the halibut
fishery management goals of the
NPFMC. More information is provided
in the final rule implementing the CSP
(78 FR 75844, December 12, 2013).
Implementing regulations for the CSP
are at 50 CFR 300.65. The Area 2C and
Area 3A CSP allocation tables are
located in Tables 1 through 4 of subpart
E of 50 CFR part 300. Based on the catch
limit implemented by this interim final
rule, the CCL for Area 2C would be
4,450,000 pounds (2,018 mt). Following
the CSP allocations in Tables 1 and 3 of
subpart E of 50 CFR part 300, the charter
fishery is allocated 810,000 pounds (367
mt) of the CCL and the remainder of the
CCL, 3,640,000 pounds (1,6518 mt), is
allocated to the commercial fishery.
Discard mortality of halibut over 26
inches in length (termed ‘‘wastage’’ in
the CSP) in the amount of 70,000
pounds (32 mt) was deducted from the
commercial allocation to obtain the
commercial catch limit of 3,570,000
pounds (1,619 mt). Relative to 2017, the
commercial allocation decreased by
about 695,000 pounds (315 mt) or 16.0
percent, from the 2017 allocation of
4,335,000 pounds (1,966 mt) (including
discard mortality). The charter
allocation for 2018 is about 810,000
pounds (367 mt), or 11.5 percent less
than the charter sector allocation of
915,000 pounds (415 mt) in 2017.
Based on the catch limit implemented
by this interim final rule, the CCL for
Area 3A is 9,450,000 pounds (4,826 mt).
Following the CSP allocations in Tables
2 and 4 of subpart E of 50 CFR part 300,
the charter fishery is allocated 1,790,000
pounds (812 mt) of the CCL and the
remainder of the CCL, 7,670,000 pounds
(3,479 mt), is allocated to the
commercial fishery. Discard mortality in
the amount of 320,000 pounds (145 mt)
was deducted from the commercial
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allocation to obtain the commercial
catch limit of 7,350,000 pounds (3,334
mt). The commercial allocation
decreased by about 450,000 pounds (204
mt) or 5.5 percent, from the 2017
allocation of 8,110,000 pounds (3,679
mt) (including discard mortality). The
charter allocation decreased by about
100,000 pounds (45 mt), or 5.6 percent,
from the 2017 allocation of 1,890,000
pounds (857 mt).
This interim final rule adds a new
provision at 50 CFR 300.68(a)(2) to
implement the catch sharing plan for
Areas 2C and 3A in 2018. Consistent
with the authority under the Convention
and the Halibut Act, the regulations
implemented at § 300.68(a)(2) under this
interim final rule supersede the
commercial and charter fishery
allocations for Area 2C and Area 3A that
are described in sections 29(2)(a) and
29(3)(a) of the 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018).
Charter Halibut Management Measures
for Area 2C and Area 3A Implemented
Under This Rule
Guided (charter) recreational halibut
anglers are managed under different
regulations than unguided recreational
halibut anglers in Areas 2C and 3A in
Alaska. According to Federal
regulations at 50 CFR 300.61, a charter
vessel angler means a person, paying or
non-paying, receiving sport fishing
guide services for halibut. Sport fishing
guide services means assistance, for
compensation or with the intent to
receive compensation, to a person who
is sport fishing, to take or attempt to
take halibut by accompanying or
physically directing the sport fisherman
in sport fishing activities during any
part of a charter vessel fishing trip. A
charter vessel fishing trip is the time
period between the first deployment of
fishing gear into the water from a
charter vessel by a charter vessel angler
and the offloading of one or more
charter vessel anglers or any halibut
from that vessel. The charter fishery
regulations described below apply only
to charter vessel anglers receiving sport
fishing guide services during a charter
vessel fishing trip for halibut in Area 2C
or Area 3A. These regulations do not
apply to GAF halibut as specified in
section 29(1)(g) of the 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018) and described in
§ 300.65(c)(5), unguided recreational
anglers in any regulatory area in Alaska,
or guided anglers in areas other than
Areas 2C and 3A.
The NPFMC formed the Charter
Halibut Management Committee to
provide it with recommendations for
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annual management measures intended
to limit charter harvest to the charter
catch limit while minimizing negative
economic impacts to charter fishery
participants in times of low halibut
abundance. The committee is composed
of representatives from the charter
fishing industry in Areas 2C and 3A.
The committee considered previously
analyzed alternatives and endorsed new
alternative measures to be analyzed in
October 2017. After reviewing an
analysis of the effects of the alternative
measures on estimated charter removals,
the committee made recommendations
for preferred 2018 management
measures to the NPFMC. The NPFMC
considered the recommendations of the
committee, its industry advisory body,
and public testimony to develop its
recommendation to the IPHC. The
NPFMC has used this process to select
and recommend annual management
measures to the IPHC since 2012.
This interim final rule implements
management measures that are
consistent with NPFMC policies and
regulations that allocate the Pacific
halibut resource among fishermen in
and off Alaska to support the NPFMC’s
goals of limiting charter harvests to the
sector’s allocation under the CSP. Based
on the catch limits implemented by this
interim final rule, specific charter
management measures would need to be
revised to limit the Area 2C and Area
3A charter halibut fisheries to their
charter catch limits under the CSP.
These revisions achieve the overall
conservation objective to limit total
halibut harvests to established catch
limits, and to meet the NPFMC’s
allocation objectives for these areas. The
management measures discussed below
would meet these objectives. All other
charter management measures are
described in the 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018).
Revised Management Measures for
Charter Vessel Fishing in Area 2C—
Reverse Slot Limit
This interim final rule implements a
reverse slot limit which is in addition
to, and not in conflict with regulations
adopted by the IPHC in section 29(2)(c)
in the 2018 IPHC annual management
measures (83 FR 10390, March 9, 2018).
This interim final rule implements a
reverse slot limit that prohibits a person
on board a charter vessel referred to in
50 CFR 300.65 and fishing in Area 2C
from taking or possessing any halibut,
with head on, that is greater than 38
inches (96.5 cm) and less than 80 inches
(203.2 cm), as measured in a straight
line, passing over the pectoral fin from
the tip of the lower jaw with mouth
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12139
closed, to the extreme end of the middle
of the tail. The 2017 reverse slot limit
prohibited retention by charter vessel
anglers of halibut that were greater than
44 inches (111.8 cm) and less than 80
inches. The projected charter removal
under the 2018 recommended reverse
slot limit is 809,000 pounds (367 mt),
1,000 pounds (0.45 mt) below the
charter allocation.
This interim final rule adds a new
provision at 50 CFR 300.68(b)(1) to
establish this reverse slot limit in Area
2C. Consistent with the authority under
the Convention and the Halibut Act, the
regulations implemented at
§ 300.68(b)(1) under this interim final
rule supersede the reverse slot limit for
charter vessels fishing in Area 2C that
is described in section 29(2)(c) of the
2018 IPHC annual management
measures (83 FR 10390, March 9, 2018).
Management Measures for Charter
Vessel Fishing in Area 3A—Day-ofWeek Closures
The NPFMC recommended using dayof-week closures for Area 3A in 2018.
This interim final rule establishes dayof-week closures that are consistent
with the NPFMC recommendation and
which are in addition to, and not in
conflict with regulations adopted by the
IPHC in section 29(3)(f) of the 2018
IPHC annual management measures (83
FR 10390, March 9, 2018). This interim
final rule does not modify the day of
week closures under 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018) that prohibits retention
of halibut by charter vessel anglers in
Area 3A on Wednesdays. This interim
final rule establishes day-of-week
closures on the following Tuesdays in
2018: July 10, July 17, July 24, July 31,
August 7, and August 14. These closures
supersede the day-of-week closures
listed in the 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018). Consistent with the
existing Wednesday closure, no
retention of halibut by charter vessel
anglers is allowed on these dates in
Area 3A. Retention of only GAF halibut
will be allowed on charter vessels on
Wednesdays and the six closed
Tuesdays; all other halibut that are
caught while fishing on a charter vessel
must be released. This interim final rule
adds three Tuesday closures that are not
listed in the 2018 IPHC annual
management measures (83 FR 10390,
March 9, 2018). The addition of the
three Tuesday closures for 2018 is
expected to reduce charter halibut
harvest below the charter catch limit.
The projected charter removal under the
2018 management measures is 1,777,000
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pounds (806 mt), 13,000 pounds (6 mt)
below the charter allocation.
This interim final rule adds a new
provision at 50 CFR 300.68(b)(2) to
establish these new Tuesday closures in
Area 3A. Consistent with the authority
under the Convention and the Halibut
Act, the regulations implemented at
§ 300.68(b)(2) under this interim final
rule supersede the Tuesday closures for
charter vessels fishing in Area 3A that
is described in section 29(3)(f) of the
2018 IPHC annual management
measures (83 FR 10390, March 9, 2018).
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Catch Sharing Plan for Areas 4CDE
Implemented Under This Rule
The allocation to Areas 4CDE that is
based on the CSP adopted by the
NPFMC as described in this preamble,
and the allocation to Areas 4CDE is
contained in the table in the regulations
at 50 CFR 300.68(a)(1).
Classification
The Administrator, Alaska Region,
NMFS, determined that this interim
final rule is necessary for the
conservation and management of the
Pacific halibut fishery and that it is
consistent with the Convention, the
Halibut Act, and other applicable laws.
Halibut annual management measures
are a product of an agreement between
the United States and Canada and are
published in the Federal Register to
provide notice of their effectiveness and
content. However, for 2018, because the
United States and Canada were not able
to reach agreement on all management
measures, additional halibut annual
management measures will be
promulgated by the Secretary of
Commerce pursuant to section 4 of the
Northern Pacific Halibut Act of 1982, 16
U.S.C. 773c(a) and (b).
This interim final rule is consistent
with the objective of the Convention to
develop the stocks of halibut of the
Northern Pacific Ocean and Bering Sea
to levels which will permit the optimum
yield from that fishery, and to maintain
the stocks at those levels. NMFS and the
U.S. Commissioners considered the best
available science when endorsing the
catch limits and other management
measures implemented by this interim
final rule. Specifically, NMFS and the
U.S. Commissioners considered the
most recent stock assessments
conducted by the IPHC, surveys, and the
Analysis conducted for this interim
final rule.
This interim final rule has been
determined to be not significant for
purposes of Executive Order 12866.
Without adoption of this interim final
rule, the Pacific halibut stocks will be
harvested at a rate NMFS and the U.S.
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Commissioners have determined to be
unacceptably high based on the best
available science. Further, it is
imperative to publish these regulations
prior to the opening of the season under
the 2018 IPHC annual management
measures (83 FR 10390, March 9, 2018)
to avoid confusion to affected public
regarding legal behavior while
conducting Pacific halibut fisheries in
Convention waters off the U.S.
Therefore, pursuant to 5 U.S.C.
553(b)(B), there is good cause to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment would be impracticable
and contrary to the public interest.
Because of the timing of the start of the
Pacific halibut fishery, which begins on
March 24, 2018, it is impracticable to
complete rulemaking before the start of
the fishery with a public review and
comment period. This interim final rule
implements commercial catch limits
and charter halibut management
measures consistent with the
endorsements made by U.S.
Commissioners to the IPHC at the
annual meeting of the IPHC that
concluded on January 26, 2018. With
the fishery scheduled to open on March
24, 2018, NMFS must ensure that the
prosecution of a fishery would not
result in substantial harm to the Pacific
halibut resource that could occur if the
additional time necessary to provide for
prior notice and comment and agency
processing delayed the effectiveness of
this action beyond March 24, 2018.
There also is good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness. These
management measures must be effective
by March 24, 2018, when the Pacific
halibut fishery is scheduled to open by
regulations adopted by the IPHC. These
management measures are necessary to
prevent substantial harm to the Pacific
halibut resource. The immediate
effectiveness of these regulations avoids
confusion to the affected public that
could occur if these management
measures are not effective on March 24,
2018. Accordingly, it is impracticable to
delay for 30 days the effective date of
this rule. Therefore, good cause exists to
waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(b)(3), and to
make the rule effective upon filing for
public inspection with the Office of the
Federal Register.
Although we are waiving prior notice
and opportunity for public comment,
we are requesting post-promulgation
comments until April 19, 2018. Please
see ADDRESSES for more information on
the ways to submit comments.
Because prior notice and opportunity
for public comment are not required for
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this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 50 CFR Part 300
Alaska, Fisheries, Treaties.
Dated: March 15, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300, subpart E,
is amended as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart E—Pacific Halibut Fisheries
1. The authority citation for subpart E
continues to read as follows:
■
Authority: 16 U.S.C. 773–773k.
2. Add § 300.68 to subpart E to read
as follows:
■
§ 300.68 2018 Management Measures for
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E.
Notwithstanding § 300.65(c)(2),
(c)(3)(i), and (c)(4)(i), this section
establishes catch limits for Areas 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E, catch
sharing plan allocations for Areas 2C
and 3A, Catch Sharing Plan allocations
for Areas 4C, 4D, and 4E, and charter
halibut management measures for Areas
2C and 3A effective March 19, 2018,
through December 31, 2018.
(a) Catch limits for Areas 2C, 3A, 3B,
4A, 4B, 4C, 4D, and 4E in 2018—(1)
Commercial catch limits. The total
allowable commercial catch of halibut
to be taken during the commercial
halibut fishing periods specified by the
Commission shall be limited in net
weights expressed in pounds and metric
tons shown in the following table:
IPHC regulatory
area
Commercial catch
limit—net weight
Pounds
2C
3A
3B
4A
4B
4C
4D
4E
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
3,570,000
7,350,000
2,620,000
1,370,000
1,050,000
733,500
733,500
113,000
Metric tons
1,619.32
3,333.91
1,188.41
621.42
476.27
332.71
332.71
51.26
(2) Annual guided sport catch limits
in Area 2C and Area 3A. The annual
guided sport catch limit:
(i) In Area 2C is 810,000 pounds
(367.41 metric tons); and
(ii) In Area 3A is 1,790,000 pounds
(811.93 metric tons).
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Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations
(3) Annual commercial catch limits in
Area 2C and Area 3A. The annual
commercial catch limit:
(i) In Area 2C is 3,570,000 pounds
(1,619.32 metric tons); and
(ii) In Area 3A is 7,350,000 pounds
(3,333.91 metric tons).
(b) Additional requirements for
charter vessels for Area 2C and Area 3A
in 2018—(1) Area 2C. In addition to
complying with regulations adopted by
the Commission as annual management
measures, and published in the Federal
Register as required in § 300.62, no
person on board a charter vessel as
defined in § 300.61 shall catch and
retain any halibut that with head on is
greater than 38 inches (96.5 cm) and less
than 80 inches (203.2 cm) as measured
in a straight line, passing over the
pectoral fin from the tip of the lower jaw
with mouth closed, to the extreme end
of the middle of the tail.
(2) Area 3A. In addition to complying
with regulations adopted by the
Commission as annual management
measures, and published in the Federal
Register as required in § 300.62, no
person on board a charter vessel as
defined in § 300.61 may catch and retain
halibut on any Wednesday in 2018, or
on the following Tuesdays: July 10, July
17, July 24, July 31, August 7, and
August 14 in 2018.
[FR Doc. 2018–05623 Filed 3–19–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Atlantic Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
October 2, 2006) and amendments.
NMFS is required, under
§ 635.28(a)(1), to file a closure notice
with the Office of the Federal Register
for publication when a BFT quota is
reached or is projected to be reached.
On and after the effective date and time
of such notification, for the remainder of
the fishing year or for a specified period
as indicated in the notification,
retaining, possessing, or landing BFT
under that quota category is prohibited
until the opening of the subsequent
quota period or until such date as
specified in the notice.
National Oceanic and Atmospheric
Administration
Angling Category Large Medium and
Giant Southern ‘‘Trophy’’ Fishery
Closure
50 CFR Part 635
The 2018 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2018. The
Angling category season opened January
1, 2018, and continues through
December 31, 2018. The currently
codified Angling category quota is 195.2
metric tons (mt), of which 4.5 mt is
allocated for the harvest of large
medium and giant (trophy) BFT by
vessels fishing under the Angling
category quota, with 1.5 mt allocated for
each of the following areas: North of
39°18′ N lat. (off Great Egg Inlet, NJ);
south of 39°18′ N lat. and outside the
Gulf of Mexico (the ‘‘southern area’’);
and in the Gulf of Mexico. Trophy BFT
measure 73 inches (185 cm) curved fork
length or greater.
Based on reported landings from the
NMFS Automated Catch Reporting
System and the North Carolina Tagging
Program, NMFS has determined that the
codified Angling category southern area
trophy BFT subquota has been reached
[Docket No. 150121066–5717–02]
RIN 0648–XG099
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure of
Angling category southern area trophy
fishery.
AGENCY:
NMFS closes the southern
area Angling category fishery for large
medium and giant (‘‘trophy’’ (i.e.,
measuring 73 inches curved fork length
or greater)) Atlantic bluefin tuna (BFT).
This action is being taken to prevent
overharvest of the Angling category
southern area trophy BFT subquota.
DATES: Effective 11:30 p.m., local time,
March 17, 2018 through December 31,
2018.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:19 Mar 19, 2018
Jkt 244001
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Frm 00029
Fmt 4700
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12141
and that a closure of the southern area
trophy BFT fishery is warranted.
Therefore, retaining, possessing, or
landing large medium or giant BFT
south of 39°18′ N lat. and outside the
Gulf of Mexico by persons aboard
vessels permitted in the HMS Angling
category and the HMS Charter/Headboat
category (when fishing recreationally)
must cease at 11:30 p.m. local time on
March 17, 2018. This closure will
remain effective through December 31,
2018. This action is intended to prevent
overharvest of the Angling category
southern area trophy BFT subquota, and
is taken consistent with the regulations
at § 635.28(a)(1).
NMFS has considered the fact that it
is in the process of proposing a rule that
would implement and give effect to the
2017 ICCAT recommendation on
western Atlantic BFT management,
which increased the annual U.S. BFT
quota for 2018, 2019, and 2020 by 17.5
percent from the 2017 level. The
domestic subquotas that would result
from the proposed action would include
an increase in the southern trophy BFT
quota from the currently codified 1.5 mt
to 1.8 mt. However, because current
landings exceed both the currently
codified and the anticipated proposed
quota for the Angling category southern
area, closure of the southern area trophy
BFT fishery needs to occur regardless of
the proposed increase.
If needed, subsequent Angling
category adjustments will be published
in the Federal Register. Information
regarding the Angling category fishery
for Atlantic tunas, including daily
retention limits for BFT measuring 27
inches (68.5 cm) to less than 73 inches
and any further Angling category
adjustments, is available at
hmspermits.noaa.gov or by calling (978)
281–9260. HMS Angling and HMS
Charter/Headboat category permit
holders may catch and release (or tag
and release) BFT of all sizes, subject to
the requirements of the catch-andrelease and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure.
HMS Charter/Headboat and Angling
category vessel owners are required to
report the catch of all BFT retained or
discarded dead, within 24 hours of the
landing(s) or end of each trip, by
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]]>Agencies
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Rules and Regulations]
[Pages 12133-12141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05623]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 180202117-8117-01]
RIN 0648-BH58
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing this interim final rule to establish
regulations for 2018 Pacific halibut catch limits in the following
International Pacific Halibut Commission (IPHC) Regulatory Areas: Area
2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B
(Western Gulf of Alaska), and Area 4 (subdivided into five areas, 4A
through 4E, in the Bering Sea and Aleutian Islands of Western Alaska).
This interim final rule revises a catch sharing plan (CSP) for guided
sport (charter) and commercial individual fishing quota (IFQ) halibut
fisheries in Area 2C and Area 3A, revises regulations applicable to the
charter halibut fisheries in Area 2C and Area 3A, and revises a CSP for
the commercial IFQ and Western Alaska Community Development Quota (CDQ)
halibut fisheries in Areas 4C, 4D, and 4E. This action is necessary
because the IPHC, at its annual meeting, did not recommend new catch
limits or specific CSP allocations and charter management measures for
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E for 2018, and the 2017 IPHC
regulations are in effect until superseded. This interim final rule is
necessary because immediate action is needed to ensure that halibut
catch limits, charter halibut fishery management measures, and CSP
allocations are in place at the start of the commercial IFQ and CDQ
halibut fishery on March 24, 2018, that better protect the declining
Pacific halibut resource. This action is intended to enhance the
conservation of Pacific halibut and is within the authority of the
Secretary of Commerce (Secretary) to establish additional regulations
[[Page 12134]]
governing the taking of halibut which are more restrictive than those
adopted by the IPHC.
DATES: Effective March 19, 2018, through December 31, 2018. Comments
must be received by April 19, 2018.
ADDRESSES: Submit comments, identified by docket number NOAA-NMFS-2018-
0024, by either of the following methods:
Electronic Submission: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0024, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered by NMFS. All comments received are a part of the
public record and will be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the environmental assessment (EA), and the
Regulatory Impact Review (RIR), collectively (Analysis), prepared for
this interim final rule are available from https://www.regulations.gov
or from the NMFS Alaska Region website at https://alaskafisheries.noaa.gov.
Additional requests for information regarding halibut may be
obtained by contacting the International Pacific Halibut Commission,
2320 W. Commodore Way, Suite 300, Seattle, WA 98199-1287; or
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or
Sustainable Fisheries Division.
FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The IPHC can recommend regulations that govern the Pacific halibut
fishery, pursuant to the Convention between Canada and the United
States of America for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea (Convention), Mar. 2, 1953, 5
U.S.T. 5, and the Protocol Amending the Convention Between Canada and
the United States of America for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea (Protocol), Mar.
29, 1979, 32 U.S.T. 2483. The IPHC's regulatory areas (Areas) are: Area
2A (California, Oregon, and Washington); Area 2B (British Columbia);
Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B
(Western Gulf of Alaska), and Area 4 (subdivided into five areas, 4A
through 4E, in the Bering Sea and Aleutian Islands of Western Alaska).
These Areas are described at 50 CFR part 679, Figure 15.
Pursuant to the Northern Pacific Halibut Act of 1982 (Halibut Act)
at 16 U.S.C. 773b, the Secretary of State, with the concurrence of the
Secretary of Commerce, may accept or reject, on behalf of the United
States, regulations recommended by the IPHC in accordance with the
Convention. On February 26, 2018, the Secretary of State, with the
concurrence of the Secretary of Commerce, accepted the 2018 IPHC
regulations agreed upon and recommended by the IPHC as provided by the
Halibut Act at 16 U.S.C. 773b. Pacific Halibut Fisheries; Catch Sharing
Plan, 83 FR 10390, March 9, 2018.
The Halibut Act provides the Secretary of Commerce with general
responsibility to carry out the Convention under the Halibut Act (16
U.S.C. 773c(a) and (b)). This general responsibility includes adopting
such regulations, in consultation with the U.S. Coast Guard, as may be
necessary to carry out the purposes and objectives of the Convention
and the Halibut Act (16 U.S.C. 773c(b)). The Regional Fishery
Management Councils may develop, and the Secretary of Commerce may
implement, regulations governing harvesting privileges among U.S.
fishermen in U.S. waters which are in addition to, and not in conflict
with, regulations adopted by the IPHC (16 U.S.C. 773c(c)). Id.;
Protocol, Article 1. Also, the North Pacific Fishery Management Council
(NPFMC) has exercised this authority most notably in developing halibut
management programs for three fisheries that harvest halibut in Alaska:
The subsistence, sport, and commercial fisheries. The Pacific Fishery
Management Council (PFMC) has exercised this authority by developing a
catch sharing plan governing the allocation of halibut and management
of sport fisheries on the U.S. West Coast. See 50 CFR part 300 and
Pacific Halibut Catch Sharing Plan for Area 2A available on the PFMC
website (https://www.pcouncil.org/wp-content/uploads/2017/02/Final_2017_PACIFIC_HALIBUT_CATCH_SHARING_PLAN_FOR_AREA_2A.pdf).
Relevant to this interim final rule, the Secretary exercised the
authority under Article I of the Convention and 16 U.S.C. 773c(a) and
(b) in 1990 to implement regulations on commercial and sport catch
limits that were more restrictive than the IPHC regulations published
in 1989 because the IPHC, at its annual meeting in 1990, did not
approve new management measures for 1990 (62 FR 11929, March 30, 1990).
The regulations published in 1989 were in effect until superseded.
Specific to this interim final rule, the Secretary is implementing,
under those same authorities, catch limits in Areas: 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E, catch sharing plan (CSP) allocations for charter
and commercial IFQ halibut fisheries in Area 2C and Area 3A, charter
halibut management measures in Areas 2C and 3A, and CSP allocations for
the commercial IFQ and CDQ halibut fisheries in Areas 4C, 4D, and 4E
that are necessary to carry out the purposes and objectives of the
Convention. The Secretary is using an interim final rule because the
2017 IPHC regulations are in effect until superseded and more
restrictive management measures to conserve the Pacific halibut
resource are needed prior to the March 24, 2018, opening date.
Subsistence and sport halibut fishery regulations for Alaska are
codified at 50 CFR part 300. Commercial halibut fisheries in Alaska are
subject to the IFQ Program and CDQ Program (50 CFR part 679)
regulations, and the area-specific catch sharing plans (CSPs) for Areas
2C, 3A, and Areas 4C, 4D, and 4E.
The NPFMC implemented a CSP among commercial IFQ and CDQ halibut
fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (commonly referred to
as Area 4CDE, Western Alaska) through rulemaking, and the Secretary of
Commerce approved the plan on March 20, 1996 (61 FR 11337). The Area 4
CSP regulations were codified at 50 CFR 300.65, and were amended on
March 17, 1998 (63 FR 13000). New annual regulations pertaining to the
Area 4 CSP also may be implemented through regulations established by
the Secretary that are necessary to carry out the purposes and
objectives of the Convention.
The NPFMC recommended and NMFS implemented through rulemaking a CSP
for charter and commercial IFQ halibut fisheries in IPHC Regulatory
Area 2C and Area 3A on January 13, 2014 (78 FR 75844, December 12,
2013). The Area 2C and
[[Page 12135]]
3A CSP regulations are codified at 50 CFR 300.65. The CSP defines an
annual process for allocating halibut between the commercial and
charter fisheries so that each sector's allocation varies in proportion
to halibut abundance, specifies a public process for setting charter
fishery management measures, and authorizes limited annual leases of
commercial IFQ for use in the charter fishery as guided angler fish
(GAF).
The IPHC held its annual meeting in Portland, Oregon, from January
22 through 26, 2018, and recommended a number of changes to the 2017
IPHC regulations (82 FR 12730, March 7, 2017). The Secretary of State
accepted the annual management measures, including the following
changes to the previous IPHC regulations for 2018 pertaining to:
1. New commercial halibut fishery opening and closing dates in
Section 9;
2. Revisions to existing regulations to clarify the requirement for
commercial halibut to be landed and weighed with the head attached;
3. Modifications that align IPHC regulations to recent NPFMC
actions that would allow CDQ groups to lease (receive by transfer)
halibut quota share (QS) in Areas 4B, 4C, and 4D;
4. A minor revision to clarify that halibut harvested on a charter
vessel fishing trip in Area 2C or Area 3A must be retained on board the
vessel on which the halibut was caught until the end of the fishing
trip;
5. Addition of language to existing regulations that clarifies the
skin-on requirement of halibut that are retained and cut into sections
on board a sport fishing vessel;
6. Changes to allow halibut to be taken with pot gear under
specific circumstances provided in NMFS regulations;
7. Revisions to the management measures for Area 2C and Area 3A
charter halibut anglers that close three Tuesdays to charter halibut
fishing. The dates for the 2017 closures are revised to conform to
specific dates in 2018; and
8. Minor revisions to standardize terminology and clarify the
regulations, including a new table to specify the commercial, sport,
and Treaty fishing catch limits for all IPHC regulatory areas.
Pursuant to regulations at 50 CFR 300.62, the 2018 IPHC annual
management measures recommended by the IPHC and accepted by the
Secretary of State were published in the Federal Register to provide
notice of their immediate regulatory effectiveness and to inform
persons subject to the regulations of their restrictions and
requirements (83 FR 10390, March 9, 2018).
At its 2018 annual meeting, the IPHC did not recommend:
1. New catch limits in any IPHC regulatory area;
2. Revised CSP allocations for charter and commercial IFQ halibut
fisheries in Area 2C and Area 3A;
3. Revised charter halibut management measures in Areas 2C and 3A;
or
4. Revised CSP allocations for the commercial IFQ and CDQ halibut
fisheries in Areas 4C, 4D, and 4E.
All of the catch limits, CSP allocations, and charter management
measures considered for recommendation by the IPHC in 2018 were
intended to reduce the harvest of halibut compared to 2017 because the
biological information presented by the IPHC scientists indicated that
the spawning biomass, and the biomass available to the halibut
fisheries, is projected to decline. The rate of fishing mortality is
projected to increase over the next several years if harvests are not
reduced relative to 2017.
Although the United States and Canada voiced consensus at the
IPHC's January 2018 annual meeting that some reduction in catch limits
relative to 2017 in all Areas was appropriate, U.S. and Canadian
Commissioners could not agree on specific catch limits for 2018.
Therefore, the IPHC did not make a recommendation to the Secretary of
State to revise the catch limits that were recommended and implemented
in 2017. Because the U.S. and Canadian Commissioners could not reach
agreement on the specific catch limits in each Area, the IPHC did not
provide specific recommendations to revise the allocations resulting
from the CSP for charter and commercial IFQ halibut fisheries in Area
2C and Area 3A, charter halibut management measures in Areas 2C and 3A,
or the allocations resulting from the CSP for the commercial IFQ and
CDQ halibut fisheries in Areas 4C, 4D, and 4E.
Although the U.S. and Canada could not agree on specific catch
limits, the U.S. Commissioners did endorse specific catch limits that
would apply to waters off Alaska (Areas 2C through 4), and specific
allocations and charter management measures based on the CSPs in place.
NMFS, consistent with the authority under the Convention and the
Halibut Act, is implementing the catch limits, allocations resulting
from the CSPs, and charter management measures endorsed by the U.S.
Commissioners for 2018. These measures are intended to meet the
conservation and management objectives of the IPHC and the NPFMC. The
following sections of this preamble describe the rationale for the
catch limits, CSP allocations, and charter management measures being
implemented in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E under this
interim final rule. The catch limit for Area 2A is being addressed in a
separate rule.
Catch Limits
In 2017, the IPHC conducted its annual stock assessment using a
range of updated data sources as described in detail in the 2018 IPHC
Report of Assessment and Research Activities (2018 RARA; available at
www.iphc.int). The IPHC used an ``ensemble'' of four equally weighted
models, comprised of two long time-series models, and two short time-
series models that use data series either divided by geographical
region (IPHC Regulatory Area) or aggregated into coastwide summaries,
to evaluate the Pacific halibut stock. These models incorporate data
from the 2017 IPHC survey, the 2017 commercial halibut fishery, the
most recent NMFS trawl survey, weight-at-age estimates by region, and
age distribution information for bycatch, sport, and sublegal discard
removals. As has been the case since 2012, the results of the ensemble
models are integrated, and incorporate uncertainty in natural mortality
rates, environmental effects on recruitment, and other structural and
parameter categories. The data and assessment models used by the IPHC
are reviewed by the IPHC's Scientific Review Board comprised of non-
IPHC scientists who provide an independent scientific review of the
stock assessment data and models and provide recommendations to IPHC
staff and to the Commission. The Scientific Review Board did not
identify any substantive errors in the data or methods used in the 2017
stock assessment. NMFS believes the IPHC's data and assessments models
constitute best available science on the status of the Pacific halibut
resource.
The IPHC's data, including the setline survey, indicates that the
Pacific halibut stock declined continuously from the late 1990s to
around 2010, as a result of decreasing size at a given age (size-at-
age), as well as somewhat weaker recruitment strengths than those
observed during the 1980s. The biomass of spawning females is estimated
to have stabilized near 200,000,000 pounds (90,718 mt) in 2010, and
since then the stock is estimated to have increased gradually until
2017.
The 2017 stock assessment projects that the biomass of spawning
females at the beginning of 2018 is estimated to be 202,000,000 pounds
(91,626 mt). Data
[[Page 12136]]
from the 2017 stock assessment indicate that recent recruitments of
recent age classes (cohorts) of Pacific halibut are estimated to be
smaller than any recruitment from 1999 through 2005. This indicates a
high probability of decline in the female spawning stock biomass in
future years.
The IPHC presented biological information indicating the effect of
a range of different catch limits on the spawning stock biomass and the
harvestable yield over the period from 2019 through 2021. Specifically,
the IPHC staff provided information describing the potential
implications of three alternative catch limits:
Alternative 1 (status quo): Maintain catch limits in Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, and charter management measures in
Areas 2C and 3A equal to those adopted by the IPHC in 2017.
Alternative 2 (implemented in this rule): Reduce catch
limits in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, and modify charter
management measures in Areas 2C and 3A, as endorsed by the U.S.
Commissioners but not recommended by the IPHC at the 2018 IPHC Annual
Meeting.
Alternative 3: Reduce catch limits in Areas 2C, 3A, 3B,
4A, 4B, 4C, 4D, and 4E, and modify charter management measures in Areas
2C and 3A consistent with the IPHC's interim management procedure.
The IPHC's interim management procedure (reference fishing
intensity of F46% SPR) seeks to maintain the total mortality of halibut
across its range from all sources based on a reference level of fishing
intensity so that the Spawning Potential Ratio (SPR) is equal to 46
percent. The reference fishing intensity of F46% SPR seeks to allow a
level of fishing intensity that is expected to result in approximately
46 percent of the spawning stock biomass per recruit compared to an
unfished stock (i.e., no fishing mortality). Lower values indicate
higher fishing intensity. Additional information on the status of the
halibut resource under these catch limit alternatives is provided in
the Analysis (see ADDRESSES).
The following sections of this preamble provide a comparison of the
relative risk of a decrease in stock abundance, status, or fishery
metrics, for a range of alternative catch levels for 2018 under each of
these three alternative catch limit scenarios. This comparison assumes
that other sources of mortality from bycatch, personal use, sport (not
included in CSPs), subsistence, and the rates of discard mortality in
the recreational and commercial fisheries are similar to those observed
in 2017. This interim final rule refers to halibut catch limits,
commercial and charter allocations and removals in net pounds or net
metric tons. Net pounds and net metric tons are defined as the weight
of halibut from which the gills, entrails, head, and ice and slime have
been removed. This terminology is used in this interim final rule to be
consistent with the IPHC, which establishes catch limits and calculates
mortality in net pounds.
Although this interim final rule addresses catch limits in Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, this interim final rule describes
the impacts on the halibut resource on a coastwide basis, consistent
with the current management and known biological distribution of the
halibut resource. Because the 2017 catch limits in Areas 2C, 3A, 3B,
4A, 4B, 4C, 4D, and 4E comprise the largest portion of catch limits in
all Areas (22,620,000 pounds [10,260 mt], or approximately 72 percent
of all catch limits), the impact of maintaining 2017 catch levels in
these Areas would have a significant impact on the overall condition of
the halibut resource.
Alternative 1: Maintain Catch Levels Equal to Those Adopted by the IPHC
in 2017
In 2017, the IPHC recommended to the governments of Canada and the
United States catch limits for 2017 totaling 31,400,000 pounds (14,243
mt). Maintaining catch limits in all Areas, including Areas 2C, 3A, 3B,
4A, 4B, 4C, 4D, and 4E, equal to 2017 would have several short-term and
possibly long-term adverse impacts on the halibut resource.
If the 2017 catch limits were applied in all Areas in 2018, the
spawning stock biomass is projected to decrease substantially over the
next three years (2019 through 2021). Under this harvest alternative
there is estimated to be greater than a 99 percent chance that the
spawning biomass will be lower in 2019, and a 34 percent chance that it
will be more than 5 percent lower than the current level of 202,000,000
pounds (91,626 mt). Under this alternative catch limit, there is a 99
percent chance that the spawning biomass will be lower than the current
level in 2021, and an 89 percent chance that it will be more than 5
percent lower than the current level of 202,000,000 pounds (91,626 mt).
In 2021, there is a substantial chance (23 percent) that the spawning
biomass will decline below the threshold reference point (30 percent of
the spawning stock biomass remains) used by the IPHC to indicate stock
conditions that would trigger a substantial reduction in the commercial
halibut fishery under the interim IPHC management procedure. Overall,
the IPHC assessment predicts that the spawning stock biomass would
decrease continuously between 2019 and 2021 under this catch limit
alternative (see Section 3.3 of the Analysis).
Under this alternative, if the 2017 catch limits were applied in
all Areas in 2018, the future fishery yield, using the reference
fishing intensity of F46% SPR, is also projected to decrease
substantially over the next three years (2019 through 2021). The
fishery yield is the amount of harvest available for harvest by
commercial, recreational, and subsistence users. The IPHC estimates an
80 percent chance that the coastwide fishery yield will be lower than
the status quo of 40,800,000 pounds (18,507 mt) in 2019, and a 76
percent chance that it will be more than 10 percent lower. Under this
alternative, the IPHC estimates at least an 81 percent chance that the
coastwide fishery yield will be lower than 40,800,000 pounds (18,507
mt) in 2020 and 2021, and at least a 77 percent chance that it will be
more than 10 percent lower in 2020 and 2021. This alternative would
provide the highest short-term catch limits and the most harvest
opportunities for 2018 of the three alternative catch limit scenarios
described in this preamble. Sections 3 and 4 of the Analysis summarize
the biological and economic impacts of this alternative.
Alternative 2: Reduce Catch Limits as Endorsed by the U.S.
Commissioners But Not Recommended by the IPHC
After considering the range of stock assessment, commercial
fishery, and other biological information at its 2018 annual meeting,
the U.S. Commissioners to the IPHC stated that maintaining 2018 catch
limits in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E at the same level as
those implemented in 2017 would not be consistent with its conservation
objectives for the halibut stock and its management objectives for the
halibut fisheries. Specifically, the Protocol in Article III states
that the Commission may limit the quantity of the catch ``for the
purpose of developing the stocks of halibut . . . to levels which will
permit the optimum yield from that fishery, and of maintaining the
stocks at those levels . . .'' The U.S. Commissioners provided
rationale that supported the catch limits under this alternative and
implemented by this rule, including the following:
The IPHC survey, IPHC stock assessment, and supporting
information from trawl and longline surveys conducted by NMFS indicated
substantial reductions in the spawning stock biomass and potential
fishery
[[Page 12137]]
yield of halibut in 2018 compared to 2017.
The IPHC stock assessment identified poor recruitment
entering in the portion of the halibut stock on which the fishery
relies over the foreseeable future and those trends are worsened with
higher harvest rates.
Although the IPHC survey is a ``snapshot'' of the health
of the resource, the results from the survey are further substantiated
by declining trends in Bering Sea and Gulf of Alaska trawl surveys, and
declining trends in commercial fishery weight-per-unit-effort (WPUE) in
most areas (Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E). The IPHC survey
indicates a 10 percent reduction in survey WPUE, and a 24 percent
reduction in survey numbers-per-unit-effort (NPUE) coastwide.
Since 2010, within Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E, the U.S. has consistently been conservative in setting catch limits
at, below, or slightly over the reference levels for the Areas that
reflected the IPHC interim management.
The U.S. Commissioners considered information indicating that
commercial WPUE in some Areas was higher in 2017 relative to 2016.
These commercial data have led some fishery participants to suggest
that the surveys and IPHC stock assessment do not adequately reflect
the abundance of harvestable halibut. The U.S. Commissioners noted that
there is no indication that the surveys or assessment are inaccurate to
any significant degree and are the best scientific information
available for estimating halibut abundance (see Section 3.3 of the
Analysis for additional detail).
The U.S. Commissioners noted that establishing catch limits using
the reference fishing intensity of F46% SPR would impose significant
economic costs on the commercial and charter operators in Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E (see Section 3.3 of the Analysis for
additional detail). Therefore, the U.S. Commissioners stated their
support for catch limits that would effectively result in reducing
catch limits by an amount that is an average between the 2017 catch
limits and the catch limits using the reference fishing intensity of
F46% SPR. The U.S. Commissioners supported this approach to provide
some additional harvest opportunities, but noted that the IPHC stock
assessment, IPHC survey, and potential risks to the long-term
sustainability of the halibut resource do not support larger catch
limits.
Overall, the catch limits supported by the U.S. Commissioners in
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E would result in moderate
decreases relative to 2017 consistent with the best scientific
information available on the abundance of harvestable halibut within
these Areas. Under this alternative, catch limits correspond to a
projected fishing intensity of F41% SPR, which would represent a slight
decrease in fishing intensity from the value for 2017 of F40% SPR
estimated prior to the start of fishing in 2017, and less fishing
intensity than Alternative 1 (F38%) estimated after the end of fishing
in 2017.
As shown in Table 1, in some Areas (e.g., Area 4A) the catch limit
reductions from 2017 to 2018 are relatively small because the IPHC
survey indicates that the biomass in those Areas in 2017 decreased by
only a small proportion. Therefore, the relatively small reduction in
those Areas reflects the relatively small decrease in the survey
estimate. In other Areas (e.g., Area 3B) the IPHC survey indicates that
the biomass in 2017 decreased by a larger proportion. Table 1
summarizes the change in catch limits in Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E from 2017 to 2018 under this alternative implemented by this
interim final rule.
Table 1--Percent Change in Catch Limits From 2017 to 2018 in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E Under
Alternative 2
----------------------------------------------------------------------------------------------------------------
2018 catch
limit
2017 catch implemented Change from
Area limit (pounds) under 2017 (percent)
alternative 2
(pounds)
----------------------------------------------------------------------------------------------------------------
2C.............................................................. 5,250,000 4,450,000 -15.2
3A.............................................................. 10,000,000 9,450,000 -5.5
3B.............................................................. 3,140,000 2,620,000 -16.6
4A.............................................................. 1,390,000 1,370,000 -1.4
4B.............................................................. 1,140,000 1,050,000 -7.9
4CDE............................................................ 1,700,000 1,580,000 -7.1
-----------------------------------------------
Total (2C-4)................................................ 22,620,000 20,520,000 -9.3
----------------------------------------------------------------------------------------------------------------
Table 1 shows the combined commercial and charter allocations for
Area 2C and Area 3A under the CSP. This value includes allocations to
the charter sector, including charter fishing incidental mortality, and
an amount for the combined commercial landings and discard mortality.
The 2018 commercial catch limits after deducting discard mortality are
3,570,000 pounds (1,619 mt) in Area 2C and 7,350,000 pounds (3,334 mt)
in Area 3A.
If the 2018 catch limits endorsed by U.S. Commissioners for Areas
2A, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E and the 2018 catch limit
endorsed by the Canadian Commissioners for 2B were applied in 2018, the
spawning stock biomass is still projected to decrease substantially
over the next three years (2019 through 2021). Under this harvest
alternative, there is an estimated 93 percent chance that the spawning
biomass will be lower than the current level in 2019, and a 19 percent
chance that it will be more than 5 percent lower than the current level
of 202,000,000 pounds (91,626 mt). Under this alternative catch limit,
there is a 92 percent chance that the spawning biomass will be lower in
2021, and a 72 percent chance that it will be more than 5 percent lower
than the current level of 202,000,000 pounds (91,626 mt). In 2021,
there is a chance (17 percent) that the spawning biomass will decline
below the threshold reference point (30 percent of the spawning stock
biomass remains) used by the IPHC to indicate stock conditions that
would trigger a substantial reduction in the commercial halibut fishery
under the interim management procedure. Overall, the IPHC assessment
predicts that the spawning stock biomass would decrease
[[Page 12138]]
continuously between 2019 and 2021 under this catch limit alternative
(see Section 3.3 of the Analysis).
Under this alternative, if 2018 catch limits endorsed by U.S.
Commissioners were applied in all Areas in 2018, the future fishery
yield, using the reference fishing intensity of F46% SPR, is projected
to decrease substantially over the next three years (2019 through
2021), but less so than Alternative 1. The IPHC estimates a 73 percent
chance that the coastwide fishery yield will be lower than a coastwide
fishery yield of 37,200,000 pounds (16,874 mt) in 2019, and a 63
percent chance that it will be more than 10 percent lower. Under this
alternative, the IPHC estimates at least a 75 percent chance that the
coastwide fishery yield will be lower than 37,200,000 pounds (16,874
mt) in 2020 and 2021, and at least a 67 percent chance that it will be
more than 10 percent lower in 2020 and 2021. Sections 3 and 4 of the
Analysis summarize the biological and economic impacts of this
alternative.
Alternative 3: Reduce Catch Limits Consistent With the IPHC's Interim
Management Procedure
The U.S. and Canadian Commissioners also considered an alternative
catch limit that would establish catch limits in all regulatory areas
consistent with the IPHC's interim management procedure. Neither the
U.S. nor the Canadian Commissioners recommended catch limits that were
consistent with the IPHC's interim management procedure. As described
in the previous section of this preamble, the U.S. Commissioners
observed that establishing catch limits using the reference fishing
intensity of F46% SPR would impose significant economic costs on
commercial and charter operators in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E (see Section 4 of the Analysis for additional detail).
If the catch limits consistent with the IPHC's interim management
procedure were implemented in all Areas in 2018, the spawning stock
biomass is still projected to decrease over the next three years (2019
through 2021), but less than under Alternatives 1 and 2. Under this
harvest alternative, there is an estimated 78 percent chance that the
spawning biomass will be lower than the current level in 2019, and a 5
percent chance that it will be more than 5 percent lower than the
current level of 202,000,000 pounds (91,626 mt). Under this alternative
catch limit, there is a 76 percent chance that the spawning biomass
will be lower than the current level in 2021, and a 46 percent chance
that it will be more than 5 percent lower than the current level of
202,000,000 pounds (91,626 mt). In 2021, there is a chance (10 percent)
that the spawning biomass will decline below the threshold reference
point (30 percent of the spawning stock biomass remains) used by the
IPHC to indicate stock conditions that would trigger a substantial
reduction in the commercial halibut fishery under the interim
management procedure. Overall, the IPHC assessment predicts that the
spawning stock biomass would decrease continuously between 2019 and
2021 under this catch limit alternative (see Section 3.3 of the
Analysis).
Under this alternative, if 2018 catch limits consistent with the
IPHC's interim management procedure were applied in all Areas in 2018,
the future fishery yield, using the reference fishing intensity of F46%
SPR, is projected to decrease substantially over the next three years
(2019 through 2021), but less so than Alternatives 1 and 2. The IPHC
estimates a 55 percent chance that the coastwide fishery yield will be
lower than 31,000,000 pounds (14,061 mt) in 2019, and a 38 percent
chance that it will be more than 10 percent lower. Under this
alternative, the IPHC estimates at least a 59 percent chance that the
fishery yield will be lower than a coastwide fishery yield of
31,000,000 pounds (14,061 mt) in 2020 and 2021, and at least a 45
percent chance that it will be more than 10 percent lower in 2020 and
2021. Sections 3 and 4 of the Analysis summarize the biological and
economic impacts of this alternative.
Catch Limits for Areas 2C, 3A, 4A, 4B, 4C, 4D, and 4E Implemented Under
This Rule
After considering the best available scientific information, the
Convention, the status of the halibut resource, and the potential
social and economic costs of the three alternative catch limits
described in this preamble, NMFS implements through this interim final
rule catch limits that are consistent with catch limits endorsed by the
U.S. Commissioners but not recommended by the IPHC (Alternative 2).
This interim final rule adds a new provision at 50 CFR 300.68(a)(1)
to implement catch limits for Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E
in 2018. Consistent with the authority under the Convention and the
Halibut Act, the regulations implemented at Sec. 300.68(a)(1) under
this interim final rule supersede the allocations for Areas 2C, 3A, 3B,
4A, 4B, 4C, 4D, and 4E that are described in section 12 of the 2018
IPHC annual management measures (83 FR 10390, March 9, 2018).
Catch Sharing Plan for Area 2C and Area 3A Implemented Under This Rule
In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP
defines an annual process for allocating halibut between the charter
and commercial fisheries in Area 2C and Area 3A, and establishes
allocations for each fishery. To allow flexibility for individual
commercial and charter fishery participants, the CSP also authorizes
annual transfers of commercial halibut IFQ as GAF to charter halibut
permit holders for harvest in the charter fishery. Under the CSP, the
IPHC recommends combined catch limits (CCLs) for the charter and
commercial halibut fisheries in Area 2C and Area 3A. Each CCL includes
estimates of discard mortality (wastage) for each fishery. The CSP was
implemented to achieve the halibut fishery management goals of the
NPFMC. More information is provided in the final rule implementing the
CSP (78 FR 75844, December 12, 2013). Implementing regulations for the
CSP are at 50 CFR 300.65. The Area 2C and Area 3A CSP allocation tables
are located in Tables 1 through 4 of subpart E of 50 CFR part 300.
Based on the catch limit implemented by this interim final rule, the
CCL for Area 2C would be 4,450,000 pounds (2,018 mt). Following the CSP
allocations in Tables 1 and 3 of subpart E of 50 CFR part 300, the
charter fishery is allocated 810,000 pounds (367 mt) of the CCL and the
remainder of the CCL, 3,640,000 pounds (1,6518 mt), is allocated to the
commercial fishery. Discard mortality of halibut over 26 inches in
length (termed ``wastage'' in the CSP) in the amount of 70,000 pounds
(32 mt) was deducted from the commercial allocation to obtain the
commercial catch limit of 3,570,000 pounds (1,619 mt). Relative to
2017, the commercial allocation decreased by about 695,000 pounds (315
mt) or 16.0 percent, from the 2017 allocation of 4,335,000 pounds
(1,966 mt) (including discard mortality). The charter allocation for
2018 is about 810,000 pounds (367 mt), or 11.5 percent less than the
charter sector allocation of 915,000 pounds (415 mt) in 2017.
Based on the catch limit implemented by this interim final rule,
the CCL for Area 3A is 9,450,000 pounds (4,826 mt). Following the CSP
allocations in Tables 2 and 4 of subpart E of 50 CFR part 300, the
charter fishery is allocated 1,790,000 pounds (812 mt) of the CCL and
the remainder of the CCL, 7,670,000 pounds (3,479 mt), is allocated to
the commercial fishery. Discard mortality in the amount of 320,000
pounds (145 mt) was deducted from the commercial
[[Page 12139]]
allocation to obtain the commercial catch limit of 7,350,000 pounds
(3,334 mt). The commercial allocation decreased by about 450,000 pounds
(204 mt) or 5.5 percent, from the 2017 allocation of 8,110,000 pounds
(3,679 mt) (including discard mortality). The charter allocation
decreased by about 100,000 pounds (45 mt), or 5.6 percent, from the
2017 allocation of 1,890,000 pounds (857 mt).
This interim final rule adds a new provision at 50 CFR 300.68(a)(2)
to implement the catch sharing plan for Areas 2C and 3A in 2018.
Consistent with the authority under the Convention and the Halibut Act,
the regulations implemented at Sec. 300.68(a)(2) under this interim
final rule supersede the commercial and charter fishery allocations for
Area 2C and Area 3A that are described in sections 29(2)(a) and
29(3)(a) of the 2018 IPHC annual management measures (83 FR 10390,
March 9, 2018).
Charter Halibut Management Measures for Area 2C and Area 3A Implemented
Under This Rule
Guided (charter) recreational halibut anglers are managed under
different regulations than unguided recreational halibut anglers in
Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR
300.61, a charter vessel angler means a person, paying or non-paying,
receiving sport fishing guide services for halibut. Sport fishing guide
services means assistance, for compensation or with the intent to
receive compensation, to a person who is sport fishing, to take or
attempt to take halibut by accompanying or physically directing the
sport fisherman in sport fishing activities during any part of a
charter vessel fishing trip. A charter vessel fishing trip is the time
period between the first deployment of fishing gear into the water from
a charter vessel by a charter vessel angler and the offloading of one
or more charter vessel anglers or any halibut from that vessel. The
charter fishery regulations described below apply only to charter
vessel anglers receiving sport fishing guide services during a charter
vessel fishing trip for halibut in Area 2C or Area 3A. These
regulations do not apply to GAF halibut as specified in section
29(1)(g) of the 2018 IPHC annual management measures (83 FR 10390,
March 9, 2018) and described in Sec. 300.65(c)(5), unguided
recreational anglers in any regulatory area in Alaska, or guided
anglers in areas other than Areas 2C and 3A.
The NPFMC formed the Charter Halibut Management Committee to
provide it with recommendations for annual management measures intended
to limit charter harvest to the charter catch limit while minimizing
negative economic impacts to charter fishery participants in times of
low halibut abundance. The committee is composed of representatives
from the charter fishing industry in Areas 2C and 3A. The committee
considered previously analyzed alternatives and endorsed new
alternative measures to be analyzed in October 2017. After reviewing an
analysis of the effects of the alternative measures on estimated
charter removals, the committee made recommendations for preferred 2018
management measures to the NPFMC. The NPFMC considered the
recommendations of the committee, its industry advisory body, and
public testimony to develop its recommendation to the IPHC. The NPFMC
has used this process to select and recommend annual management
measures to the IPHC since 2012.
This interim final rule implements management measures that are
consistent with NPFMC policies and regulations that allocate the
Pacific halibut resource among fishermen in and off Alaska to support
the NPFMC's goals of limiting charter harvests to the sector's
allocation under the CSP. Based on the catch limits implemented by this
interim final rule, specific charter management measures would need to
be revised to limit the Area 2C and Area 3A charter halibut fisheries
to their charter catch limits under the CSP. These revisions achieve
the overall conservation objective to limit total halibut harvests to
established catch limits, and to meet the NPFMC's allocation objectives
for these areas. The management measures discussed below would meet
these objectives. All other charter management measures are described
in the 2018 IPHC annual management measures (83 FR 10390, March 9,
2018).
Revised Management Measures for Charter Vessel Fishing in Area 2C--
Reverse Slot Limit
This interim final rule implements a reverse slot limit which is in
addition to, and not in conflict with regulations adopted by the IPHC
in section 29(2)(c) in the 2018 IPHC annual management measures (83 FR
10390, March 9, 2018). This interim final rule implements a reverse
slot limit that prohibits a person on board a charter vessel referred
to in 50 CFR 300.65 and fishing in Area 2C from taking or possessing
any halibut, with head on, that is greater than 38 inches (96.5 cm) and
less than 80 inches (203.2 cm), as measured in a straight line, passing
over the pectoral fin from the tip of the lower jaw with mouth closed,
to the extreme end of the middle of the tail. The 2017 reverse slot
limit prohibited retention by charter vessel anglers of halibut that
were greater than 44 inches (111.8 cm) and less than 80 inches. The
projected charter removal under the 2018 recommended reverse slot limit
is 809,000 pounds (367 mt), 1,000 pounds (0.45 mt) below the charter
allocation.
This interim final rule adds a new provision at 50 CFR 300.68(b)(1)
to establish this reverse slot limit in Area 2C. Consistent with the
authority under the Convention and the Halibut Act, the regulations
implemented at Sec. 300.68(b)(1) under this interim final rule
supersede the reverse slot limit for charter vessels fishing in Area 2C
that is described in section 29(2)(c) of the 2018 IPHC annual
management measures (83 FR 10390, March 9, 2018).
Management Measures for Charter Vessel Fishing in Area 3A--Day-of-Week
Closures
The NPFMC recommended using day-of-week closures for Area 3A in
2018. This interim final rule establishes day-of-week closures that are
consistent with the NPFMC recommendation and which are in addition to,
and not in conflict with regulations adopted by the IPHC in section
29(3)(f) of the 2018 IPHC annual management measures (83 FR 10390,
March 9, 2018). This interim final rule does not modify the day of week
closures under 2018 IPHC annual management measures (83 FR 10390, March
9, 2018) that prohibits retention of halibut by charter vessel anglers
in Area 3A on Wednesdays. This interim final rule establishes day-of-
week closures on the following Tuesdays in 2018: July 10, July 17, July
24, July 31, August 7, and August 14. These closures supersede the day-
of-week closures listed in the 2018 IPHC annual management measures (83
FR 10390, March 9, 2018). Consistent with the existing Wednesday
closure, no retention of halibut by charter vessel anglers is allowed
on these dates in Area 3A. Retention of only GAF halibut will be
allowed on charter vessels on Wednesdays and the six closed Tuesdays;
all other halibut that are caught while fishing on a charter vessel
must be released. This interim final rule adds three Tuesday closures
that are not listed in the 2018 IPHC annual management measures (83 FR
10390, March 9, 2018). The addition of the three Tuesday closures for
2018 is expected to reduce charter halibut harvest below the charter
catch limit. The projected charter removal under the 2018 management
measures is 1,777,000
[[Page 12140]]
pounds (806 mt), 13,000 pounds (6 mt) below the charter allocation.
This interim final rule adds a new provision at 50 CFR 300.68(b)(2)
to establish these new Tuesday closures in Area 3A. Consistent with the
authority under the Convention and the Halibut Act, the regulations
implemented at Sec. 300.68(b)(2) under this interim final rule
supersede the Tuesday closures for charter vessels fishing in Area 3A
that is described in section 29(3)(f) of the 2018 IPHC annual
management measures (83 FR 10390, March 9, 2018).
Catch Sharing Plan for Areas 4CDE Implemented Under This Rule
The allocation to Areas 4CDE that is based on the CSP adopted by
the NPFMC as described in this preamble, and the allocation to Areas
4CDE is contained in the table in the regulations at 50 CFR
300.68(a)(1).
Classification
The Administrator, Alaska Region, NMFS, determined that this
interim final rule is necessary for the conservation and management of
the Pacific halibut fishery and that it is consistent with the
Convention, the Halibut Act, and other applicable laws. Halibut annual
management measures are a product of an agreement between the United
States and Canada and are published in the Federal Register to provide
notice of their effectiveness and content. However, for 2018, because
the United States and Canada were not able to reach agreement on all
management measures, additional halibut annual management measures will
be promulgated by the Secretary of Commerce pursuant to section 4 of
the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c(a) and (b).
This interim final rule is consistent with the objective of the
Convention to develop the stocks of halibut of the Northern Pacific
Ocean and Bering Sea to levels which will permit the optimum yield from
that fishery, and to maintain the stocks at those levels. NMFS and the
U.S. Commissioners considered the best available science when endorsing
the catch limits and other management measures implemented by this
interim final rule. Specifically, NMFS and the U.S. Commissioners
considered the most recent stock assessments conducted by the IPHC,
surveys, and the Analysis conducted for this interim final rule.
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
Without adoption of this interim final rule, the Pacific halibut
stocks will be harvested at a rate NMFS and the U.S. Commissioners have
determined to be unacceptably high based on the best available science.
Further, it is imperative to publish these regulations prior to the
opening of the season under the 2018 IPHC annual management measures
(83 FR 10390, March 9, 2018) to avoid confusion to affected public
regarding legal behavior while conducting Pacific halibut fisheries in
Convention waters off the U.S. Therefore, pursuant to 5 U.S.C.
553(b)(B), there is good cause to waive prior notice and an opportunity
for public comment on this action, as notice and comment would be
impracticable and contrary to the public interest. Because of the
timing of the start of the Pacific halibut fishery, which begins on
March 24, 2018, it is impracticable to complete rulemaking before the
start of the fishery with a public review and comment period. This
interim final rule implements commercial catch limits and charter
halibut management measures consistent with the endorsements made by
U.S. Commissioners to the IPHC at the annual meeting of the IPHC that
concluded on January 26, 2018. With the fishery scheduled to open on
March 24, 2018, NMFS must ensure that the prosecution of a fishery
would not result in substantial harm to the Pacific halibut resource
that could occur if the additional time necessary to provide for prior
notice and comment and agency processing delayed the effectiveness of
this action beyond March 24, 2018.
There also is good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. These management measures must be effective
by March 24, 2018, when the Pacific halibut fishery is scheduled to
open by regulations adopted by the IPHC. These management measures are
necessary to prevent substantial harm to the Pacific halibut resource.
The immediate effectiveness of these regulations avoids confusion to
the affected public that could occur if these management measures are
not effective on March 24, 2018. Accordingly, it is impracticable to
delay for 30 days the effective date of this rule. Therefore, good
cause exists to waive the 30-day delay in effectiveness pursuant to 5
U.S.C. 553(b)(3), and to make the rule effective upon filing for public
inspection with the Office of the Federal Register.
Although we are waiving prior notice and opportunity for public
comment, we are requesting post-promulgation comments until April 19,
2018. Please see ADDRESSES for more information on the ways to submit
comments.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 50 CFR Part 300
Alaska, Fisheries, Treaties.
Dated: March 15, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for subpart E continues to read as follows:
Authority: 16 U.S.C. 773-773k.
0
2. Add Sec. 300.68 to subpart E to read as follows:
Sec. 300.68 2018 Management Measures for Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E.
Notwithstanding Sec. 300.65(c)(2), (c)(3)(i), and (c)(4)(i), this
section establishes catch limits for Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E, catch sharing plan allocations for Areas 2C and 3A, Catch
Sharing Plan allocations for Areas 4C, 4D, and 4E, and charter halibut
management measures for Areas 2C and 3A effective March 19, 2018,
through December 31, 2018.
(a) Catch limits for Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E in
2018--(1) Commercial catch limits. The total allowable commercial catch
of halibut to be taken during the commercial halibut fishing periods
specified by the Commission shall be limited in net weights expressed
in pounds and metric tons shown in the following table:
------------------------------------------------------------------------
Commercial catch
limit--net weight
IPHC regulatory area -----------------------
Metric
Pounds tons
------------------------------------------------------------------------
2C.............................................. 3,570,000 1,619.32
3A.............................................. 7,350,000 3,333.91
3B.............................................. 2,620,000 1,188.41
4A.............................................. 1,370,000 621.42
4B.............................................. 1,050,000 476.27
4C.............................................. 733,500 332.71
4D.............................................. 733,500 332.71
4E.............................................. 113,000 51.26
------------------------------------------------------------------------
(2) Annual guided sport catch limits in Area 2C and Area 3A. The
annual guided sport catch limit:
(i) In Area 2C is 810,000 pounds (367.41 metric tons); and
(ii) In Area 3A is 1,790,000 pounds (811.93 metric tons).
[[Page 12141]]
(3) Annual commercial catch limits in Area 2C and Area 3A. The
annual commercial catch limit:
(i) In Area 2C is 3,570,000 pounds (1,619.32 metric tons); and
(ii) In Area 3A is 7,350,000 pounds (3,333.91 metric tons).
(b) Additional requirements for charter vessels for Area 2C and
Area 3A in 2018--(1) Area 2C. In addition to complying with regulations
adopted by the Commission as annual management measures, and published
in the Federal Register as required in Sec. 300.62, no person on board
a charter vessel as defined in Sec. 300.61 shall catch and retain any
halibut that with head on is greater than 38 inches (96.5 cm) and less
than 80 inches (203.2 cm) as measured in a straight line, passing over
the pectoral fin from the tip of the lower jaw with mouth closed, to
the extreme end of the middle of the tail.
(2) Area 3A. In addition to complying with regulations adopted by
the Commission as annual management measures, and published in the
Federal Register as required in Sec. 300.62, no person on board a
charter vessel as defined in Sec. 300.61 may catch and retain halibut
on any Wednesday in 2018, or on the following Tuesdays: July 10, July
17, July 24, July 31, August 7, and August 14 in 2018.
[FR Doc. 2018-05623 Filed 3-19-18; 8:45 am]
BILLING CODE 3510-22-P
