Pacific Halibut Fisheries; Catch Sharing Plan, 17960-17966 [2019-08611]
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
available in the docket where indicated
under ADDRESSES.
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
G. Protest Activities
E. Unfunded Mandates Reform Act
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one hour that will prohibit
entry into a designated area. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: April 23, 2019
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2019–08544 Filed 4–26–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 181022969–9377–02]
RIN 0648–BI55
1. The authority citation for part 165
continues to read as follows:
Pacific Halibut Fisheries; Catch
Sharing Plan
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
AGENCY:
■
2. Add § 165.T09–0287 to read as
follows:
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
§ 165.T09–0287 Safety Zone; Grosse
Pointe War Memorial Red, White, and Blue
Gala Fireworks, Lake St. Clair, Grosse
Pointe, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of Lake St. Clair, Harrison Twp,
within a 420-foot radius of position
42°23.132′ N, 082°53.740′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 9 p.m. through 10 p.m. on
May 23, 2019.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
authorized by the Captain of the Port
Detroit (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
(4) Vessel operators shall contact the
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The COTP or his
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
This final rule implements
the Pacific Halibut Catch Sharing Plan
for the International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California. In
addition, this final rule implements
portions of the Catch Sharing Plan and
management measures that are not
implemented through the International
Pacific Halibut Commission. These
measures include the recreational
fishery seasons and management
measures for Area 2A. These actions are
intended to conserve Pacific halibut and
provide angler opportunity where
available.
SUMMARY:
DATES:
This rule is effective on April 29,
2019.
Additional information
regarding this action may be obtained by
contacting the Sustainable Fisheries
Division, NMFS West Coast Region,
7600 Sand Point Way NE, Seattle, WA
98115. For information regarding all
halibut fisheries and general regulations
not contained in this rule contact the
International Pacific Halibut
Commission, 2320 W Commodore Way,
Suite 300, Seattle, WA 98199–1287.
Electronic copies of the Regulatory
Impact Review (RIR) and Final
Regulatory Flexibility Analysis (FRFA)
prepared for this action may be obtained
by contacting Kathryn Blair, phone:
ADDRESSES:
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503–231–6858, email: kathryn.blair@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Kathryn Blair, phone: 503–231–6858,
fax: 503–231–6893, or email:
kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act
(Halibut Act) of 1982 gives the Secretary
of Commerce responsibility for
implementing the provisions of the
Halibut Convention between the United
States and Canada. 16 U.S.C. 773–773k.
The Halibut Act requires that the
Secretary adopt regulations to carry out
the purposes and objectives of the
Halibut Convention and Halibut Act 16
U.S.C. 773(c). The Halibut Act also
authorizes the regional fishery
management councils to develop
regulations in addition to, but not in
conflict with, regulations of the
International Pacific Halibut
Commission (IPHC) to govern the
Pacific halibut catch in their
corresponding U.S. Convention waters.
16 U.S.C. 773c(c).
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At its annual meeting in February
2019, the IPHC recommended an Area
2A catch limit of 1,500,000 lb (680.4
metric tons (mt)) for 2019. This catch
limit is derived from the total constant
exploitation yield (TCEY) of 1,650,000
lb (748.4 mt), which includes
commercial discards and bycatch
estimates calculated using a formula
developed by the IPHC. The table below
shows the fishery and subarea
allocations resulting from the
framework described in the 2019 Area
2A Catch Sharing Plan.
TABLE 1—AREA 2A CATCH LIMIT AND FISHERY SUBAREA ALLOCATIONS FOR 2019
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Area 2A TCEY .........................................................................................................................................................
Area 2A Catch Limit ................................................................................................................................................
Tribal commercial fishery .........................................................................................................................................
Incidental commercial catch during sablefish fishery ..............................................................................................
Non-tribal directed commercial fishery ....................................................................................................................
Incidental commercial catch during salmon troll fishery .........................................................................................
Washington recreational fishery—Puget Sound ......................................................................................................
Washington recreational fishery—North Coast .......................................................................................................
Washington recreational fishery—South Coast .......................................................................................................
Columbia River recreational fishery ........................................................................................................................
Oregon recreational fishery—Central Oregon .........................................................................................................
Oregon recreational fishery—Southern Oregon ......................................................................................................
California recreational fishery ..................................................................................................................................
The Area 2A catch limit, tribal
commercial fishery allocation, and
commercial fishery allocations are
adopted by the IPHC and were
published in the Federal Register on
March 14, 2019 (84 FR 9243) after
acceptance by the Secretary of State in
accordance with 50 CFR 300.62.
Since 1988, NMFS has implemented
annual Catch Sharing Plans that allocate
the IPHC regulatory Area 2A Pacific
halibut catch limit between treaty
Indian and non-Indian harvesters, and
among non-Indian commercial and
recreational (sport) fisheries. The Pacific
Fishery Management Council (Council)
develops Catch Sharing Plans in
accordance with the Halibut Act. In
1995, the Council recommended, and
NMFS approved and implemented a
long-term Area 2A Catch Sharing Plan
(60 FR 14651; March 20, 1995). NMFS
has been implementing adjustments to
the Area 2A Catch Sharing Plan based
on Council recommendations each year
to address the changing needs of these
fisheries. While the full Catch Sharing
Plan is not published in the Federal
Register, it is made available on the
Council and NMFS websites.
This rule adopts the Council’s
recommended changes to the Catch
Sharing Plan for IPHC regulatory Area
2A, which affect only the recreational
fishery. In addition, this rule revises the
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recreational Pacific halibut fishery
management measures, such as season
dates and bag limits, set in NMFS
regulations and described in the
proposed rule (84 FR 9281; March 14,
2019). These management measures are
detailed in the Council’s recommended
Catch Sharing Plan and were developed
through the Council’s public process.
This rule finalizes 2019 dates for the
recreational fisheries consistent with the
Council’s recommendations as well as
recommendations from Oregon,
Washington, and California that were
received either during the Council
process or during the comment period
for the proposed rule.
For 2019, the Council recommended
minor modifications to recreational
(sport) fisheries to better match the
needs of the fishery. On March 14, 2019,
NMFS published a proposed rule to
approve the Council’s recommended
changes to the 2019 Catch Sharing Plan
and recreational management measures
for Area 2A (84 FR 9281). This final rule
includes these components of the
proposed rule. The Catch Sharing Plan
changes provide flexibility to the state
recreational fishery managers for
opening the South Coast nearshore
fishery and for extending the Columbia
River fishery into the summer by both
modifying the number of open days and
the process for setting open days.
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1,650,000
1,500,000
497,000
70,000
254,426
44,899
77,550
128,187
62,896
15,127
271,592
11,322
39,000
Metric tons
748.4
680.4
225.4
31.8
115.4
20.4
35.2
58.1
28.5
6.9
123.2
5.1
17.7
Incidental Halibut Retention in the
Sablefish Primary Fishery North of Pt.
Chehalis, WA
The 2019 Catch Sharing Plan allows
incidental halibut retention in the
sablefish primary fishery north of Pt.
Chehalis, WA, when the Washington
recreational catch limit is 214,110 lb
(101.7 mt) or greater, provided that a
minimum of 10,000 lb (4.5 mt) is
available. The Area 2A catch limit for
2019 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention
in the sablefish primary fishery, which
occurs when the catch limit is 1,500,000
lb (680.4 mt) or more. Incidental halibut
landing restrictions in the sablefish
fishery are recommended by the Council
and implemented in the groundfish
regulations at 50 CFR 660.231(b)(3)(iv).
2019 Recreational Fishery Management
Measures
The annual domestic management
measures are published each year
through a final rule under NMFS’
authority to implement the Halibut
Convention. 50 CFR 300.62. As
provided in the Halibut Act at 16 U.S.C.
773b, the Secretary of State, with the
concurrence of the Secretary of
Commerce, may accept or reject, on
behalf of the United States, regulations
recommended by the IPHC in
accordance with the Convention. For
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the 2019 fishing season, the final rule
for the commercial fisheries and IPHC
regulations was published on March 14,
2019 (84 FR 9243). The section numbers
below correspond to IPHC regulation
sections in the March 14, 2019, final
rule.
The recreational fishing regulations
for Area 2A, included in section 27
(referring to the relevant section of the
IPHC regulations) below, are consistent
with the measures adopted by the IPHC
and approved by the Secretary of State,
but were developed by the Council and
promulgated by the United States under
the Halibut Act.
This rule adds the following text to
Section 27 of the annual domestic
management measures and paragraph
(8) of the 2019 IPHC regulations, ‘‘Sport
Fishing for Pacific Halibut—IPHC
Regulatory Area 2A’’:
(8) The sport fishing subareas,
subquotas, fishing dates, and daily bag
limits are as follows, except as modified
under the inseason actions consistent
with 50 CFR 300.63(c). All sport fishing
in Area 2A is managed on a ‘‘port of
landing’’ basis, whereby any halibut
landed into a port counts toward the
quota for the area in which that port is
located, and the regulations governing
the area of landing apply, regardless of
the specific area of catch.
(a) The quota for the area in Puget
Sound and the U.S. waters in the Strait
of Juan de Fuca, east of a line extending
from 48°17.30′ N lat., 124°23.70′ W long.
north to 48°24.10′ N lat., 124°23.70′ W
long., is 77,550 lb (35.2 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11,
18, 24, and 26; June 6, 8, 20, and 22, or
until there is not sufficient quota for
another full day of fishing and the area
is closed by the Commission. Any
closure will be announced on the NMFS
hotline at 800–662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
(b) The quota for landings into ports
in the area off the north Washington
coast, west of the line described in
paragraph (2)(a) of section 26 and north
of the Queets River (47°31.70′ N lat.)
(North Coast subarea), is 128,187 lb
(58.1 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11,
18, 24, and 26; June 6, 8, 20, and 22, or
until there is not sufficient quota for
another full day of fishing and the area
is closed by the Commission. Any
closure will be announced on the NMFS
hotline at 800–662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Recreational fishing for
groundfish and halibut is prohibited
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within the North Coast Recreational
Yelloweye Rockfish Conservation Area
(YRCA). It is unlawful for recreational
fishing vessels to take and retain,
possess, or land halibut taken with
recreational gear within the North Coast
Recreational YRCA. A vessel fishing
with recreational gear in the North Coast
Recreational YRCA may not be in
possession of any halibut. Recreational
vessels may transit through the North
Coast Recreational YRCA with or
without halibut on board. The North
Coast Recreational YRCA is a C-shaped
area off the northern Washington coast
intended to protect yelloweye rockfish.
The North Coast Recreational YRCA is
defined in groundfish regulations at 50
CFR 660.70(a).
(c) The quota for landings into ports
in the area between the Queets River,
WA (47°31.70′ N lat.), and Leadbetter
Point, WA (46°38.17′ N lat.) (South
Coast subarea), is 62,896 lb (28.5 mt).
(i) This subarea is divided between
the all-waters fishery (the Washington
South coast primary fishery), and the
incidental nearshore fishery in the area
from 47°31.70′ N lat. south to 46°58.00′
N lat. and east of a boundary line
approximating the 30 fm depth contour.
This area is defined by straight lines
connecting all of the following points in
the order stated as described by the
following coordinates (the Washington
South coast, northern nearshore area):
(1) 47°31.70′ N lat., 124°37.03′ W long.;
(2) 47°25.67′ N lat., 124°34.79′ W long.;
(3) 47°12.82′ N lat., 124°29.12′ W long.;
(4) 46°58.00′ N lat., 124°24.24′ W long.
The primary fishery season dates are
May 2, 5, 9, 12, and 24, or until there
is not sufficient quota for another full
day of fishing and the area is closed by
the Commission. Any closure will be
announced on the NMFS hotline at 800–
662–9825. If sufficient quota remains,
the fishing season in the nearshore area
commences the Saturday subsequent to
the closure of the primary fishery, and
continues 7 days per week until 62,896
lb (28.5 mt) is projected to be taken by
the two fisheries combined and the
fishery is closed by the Commission or
September 30, whichever is earlier. If
the fishery is closed prior to September
30, and there is insufficient quota
remaining to reopen the northern
nearshore area for another fishing day,
then any remaining quota may be
transferred in-season to another
Washington coastal subarea by NMFS.
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Seaward of the boundary line
approximating the 30-fm depth contour
and during days open to the primary
fishery, lingcod may be taken, retained
and possessed when allowed by
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groundfish regulations at 50 CFR
660.360, subpart G.
(iv) Recreational fishing for
groundfish and halibut is prohibited
within the South Coast Recreational
YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing
vessels to take and retain, possess, or
land halibut taken with recreational gear
within the South Coast Recreational
YRCA and Westport Offshore YRCA. A
vessel fishing in the South Coast
Recreational YRCA and/or Westport
Offshore YRCA may not be in
possession of any halibut. Recreational
vessels may transit through the South
Coast Recreational YRCA and Westport
Offshore YRCA with or without halibut
on board. The South Coast Recreational
YRCA and Westport Offshore YRCA are
areas off the southern Washington coast
established to protect yelloweye
rockfish. The South Coast Recreational
YRCA is defined at 50 CFR 660.70(d).
The Westport Offshore YRCA is defined
at 50 CFR 660.70(e).
(d) The quota for landings into ports
in the area between Leadbetter Point,
WA (46°38.17′ N lat.), and Cape Falcon,
OR (45°46.00′ N lat.) (Columbia River
subarea), is 15,127 lb (6.9 mt).
(i) This subarea is divided into an alldepth fishery and a nearshore fishery.
The nearshore fishery is allocated 500 lb
(0.23 mt) of the subarea allocation. The
nearshore fishery extends from
Leadbetter Point (46°38.17′ N lat.,
124°15.88′ W long.) to the Columbia
River (46°16.00′ N lat., 124°15.88′ W
long.) by connecting the following
coordinates in Washington 46°38.17′ N
lat., 124°15.88′ W long. 46°16.00′ N lat.,
124°15.88′ W long. and connecting to
the boundary line approximating the 40
fm (73 m) depth contour in Oregon. The
nearshore fishery opens May 6, and
continues on Monday, Tuesday, and
Wednesday each week until the
nearshore allocation is taken, or
September 30, whichever is earlier. The
all-depth fishing season is open May 2,
5, 9, 12, 24, and 26. If sufficient quota
remains after May 26, the Columbia
River subarea would be open two days
per week (Thursday and Sunday) until
15,127 lb (6.9 mt) are estimated to have
been taken and the season is closed by
the Commission, or September 30,
whichever is earlier. Subsequent to this
closure, if there is insufficient quota
remaining in the Columbia River
subarea for another fishing day, then
any remaining quota may be transferred
inseason to another Washington and/or
Oregon subarea by NMFS. Any
remaining quota would be transferred to
each state in proportion to its
contribution.
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Rules and Regulations
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Pacific Coast groundfish may not
be taken and retained, possessed or
landed when halibut are on board the
vessel, except sablefish, Pacific cod,
flatfish species, and lingcod caught
north of the Washington-Oregon border
during the recreational halibut fishery,
when allowed by Pacific Coast
groundfish regulations, during days
open to the all-depth fishery only.
(iv) Taking, retaining, possessing, or
landing halibut on groundfish trips is
only allowed in the nearshore area on
days not open to all-depth Pacific
halibut fisheries.
(e) The quota for landings into ports
in the area off Oregon between Cape
Falcon (45°46.00′ N lat.) and Humbug
Mountain (42°40.50′ N lat.) (Oregon
Central Coast subarea), is 271,592 lb
(123.2 mt).
(i) The fishing seasons are:
(A) The first season (the ‘‘inside 40fm’’ fishery) commences June 1, and
continues 7 days a week, in the area
shoreward of a boundary line
approximating the 40-fm (73-m) depth
contour, or until the sub-quota for the
central Oregon ‘‘inside 40-fm’’ fishery of
32,591 lb (14.8 mt), or any inseason
revised subquota, is estimated to have
been taken and the season is closed by
the Commission, or October 31,
whichever is earlier. The boundary line
approximating the 40-fm (73-m) depth
contour between 45°46.00′ N lat. and
42°40.50′ N lat. is defined at § 660.71(k).
(B) The second season (spring season),
which is for the ‘‘all-depth’’ fishery, is
open May 9, 10, 11; 16, 17, 18; 23, 24,
25; 30, 31, June 1; and 6, 7, 8. The
allocation to the all-depth fishery is
171,103 lb (77.6 mt). If sufficient
unharvested quota remains for
additional fishing days, the season will
re-open June 20, 21, 22; July 4, 5, 6; and
July 18, 19, 20. Notice of the re-opening
will be announced on the NMFS hotline
(206) 526–6667 or (800) 662–9825.
(C) The third season (summer season),
which is for the ‘‘all-depth’’ fishery, will
be August 2, 3; 16, 17; 30, 31; September
13, 14; 27, 28; October 11, 12; and 25,
26; and will continue until the
combined spring season and summer
season quotas in the area between Cape
Falcon and Humbug Mountain, Oregon,
are estimated to have been taken and the
area is closed by the Commission.
NMFS will announce on the NMFS
hotline in July whether the fishery will
re-open for the summer season in
August. Additional fishing days may be
opened if sufficient quota remains after
the last day of the first scheduled open
period. If, after this date, an amount
greater than or equal to 60,000 lb (27.2
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mt) remains in the combined all-depth
and inside 40-fm (73-m) quota, the
fishery may re-open every Friday and
Saturday, beginning August 2 and 3,
and ending when there is insufficient
quota remaining, whichever is earlier. If
after September 3, an amount greater
than or equal to 30,000 lb (13.6 mt)
remains in the combined all-depth and
inside 40-fm (73-m) quota, and the
fishery is not already open every Friday
and Saturday, the fishery may re-open
every Friday and Saturday, beginning
September 6 and 7, and ending October
31. After September 3, the bag limit may
be increased to two fish of any size per
person, per day. NMFS will announce
on the NMFS hotline whether the
summer all-depth fishery will be open
on such additional fishing days, what
days the fishery will be open and what
the bag limit is.
(ii) The daily bag limit is one halibut
of any size per day per person, unless
otherwise specified. NMFS will
announce on the NMFS hotline any bag
limit changes.
(iii) During days open to all-depth
halibut fishing when the groundfish
fishery is restricted by depth, no
groundfish may be taken and retained,
possessed or landed, when halibut are
on board the vessel, except sablefish,
Pacific cod, and flatfish species, when
allowed by groundfish regulations, if
halibut are on board the vessel. During
days open to all-depth halibut fishing
when the groundfish fishery is open to
all depths, any groundfish species
permitted under the groundfish
regulations may be retained, possessed
or landed if halibut are on board the
vessel. During days open to nearshore
halibut fishing, flatfish species may be
taken and retained seaward of the
seasonal groundfish depths restrictions,
if halibut are on board the vessel.
(iv) When the all-depth halibut
fishery is closed and halibut fishing is
permitted only shoreward of a boundary
line approximating the 40-fm (73-m)
depth contour, halibut possession and
retention by vessels operating seaward
of a boundary line approximating the
40-fm (73-m) depth contour is
prohibited.
(v) Recreational fishing for groundfish
and halibut is prohibited within the
Stonewall Bank YRCA. It is unlawful for
recreational fishing vessels to take and
retain, possess, or land halibut taken
with recreational gear within the
Stonewall Bank YRCA. A vessel fishing
in the Stonewall Bank YRCA may not
possess any halibut. Recreational
vessels may transit through the
Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank
YRCA is an area off central Oregon, near
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Stonewall Bank, intended to protect
yelloweye rockfish. The Stonewall Bank
YRCA is defined at § 660.70(f).
(f) The quota for landings into ports
in the area south of Humbug Mountain,
OR (42°40.50′ N lat.) to the Oregon/
California Border (42°00.00′ N lat.)
(Southern Oregon subarea) is 11,322 lb
(5.1 mt).
(i) The fishing season commences on
May 1, and continues 7 days per week
until the subquota is taken, or October
31, whichever is earlier.
(ii) The daily bag limit is one halibut
per person with no size limit.
(iii) No Pacific Coast groundfish may
be taken and retained, possessed or
landed, except sablefish, Pacific cod,
and flatfish species, in areas closed to
groundfish, if halibut are on board the
vessel.
(g) The quota for landings into ports
south of the Oregon/California Border
(42°00.00′ N lat.) and along the
California coast is 39,000 lb (17.7 mt).
(i) The fishing season will be open
May 1 through October 31, or until the
subarea quota is estimated to have been
taken and the season is closed by the
Commission, whichever is earlier.
NMFS will announce any closure by the
Commission on the NMFS hotline (206)
526–6667 or (800) 662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
Comments and Responses
NMFS accepted public comments on
the Council’s recommended
modifications to the 2019 Area 2A Catch
Sharing Plan and the resulting proposed
domestic fishing regulations through
March 29, 2019. We received two
comments from state agencies—the
California Department of Fish and
Wildlife (CDFW) and the Washington
Department of Fish and Wildlife
(WDFW).
Comment 1: CDFW submitted a
comment recommending final
recreational fishing season dates for the
2019 season. CDFW hosted an online
survey following the IPHC annual
meeting. Based on public comments
received on California halibut fisheries
and fishing performance in recent years,
CDFW recommended season dates of
May 1–October 31, or until quota has
been attained, whichever comes first.
Response: NMFS concurs that the
CDFW-recommended season dates are
appropriate. The Area 2A catch limit is
significantly higher than in the recent
past and the season structure
recommended by CDFW, which
removes closed periods that were in
effect in past years, should allow
California to fully utilize its allocation.
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NMFS has updated sport fishery season
dates off of California in this final rule.
Comment 2: WDFW submitted a
comment suggesting a revision to the
Catch Sharing Plan. WDFW provided its
preferred season dates and suggested
Catch Sharing Plan changes at the
November Council meeting, prior to the
IPHC’s recommended Area 2A catch
limit. The IPHC agreed on an Area 2A
catch limit in early February 2019 that
was higher than anticipated in
November 2018, when the Council
recommended Catch Sharing Plan
changes and season dates. WDFW
commented that the 2019 FCEY is 26
percent higher than in 2018, and that it
anticipates needing more than two
fishing days per week, as set forth under
the Catch Sharing Plan, to ensure that
sport fishery participants can catch the
entire allocation. To allow for the
additional fishing days, WDFW suggests
adjusting the Catch Sharing Plan
language. The Catch Sharing Plan
includes language for recreational
fisheries in Washington subareas that
states ‘‘seasons . . . may be open up to
two days per week which may include
one weekday and one weekend day.’’
WDFW suggested removing the
language specifying two days per week
from the Catch Sharing Plan to provide
flexibility for additional fishing days.
Response: The Catch Sharing Plan is
a framework that details allocations and
season structure. The Catch Sharing
Plan forms the basis for season dates as
recommended by the states after
discussion with stakeholders, and
allocations resulting from the 2A catch
limit. It is a document created by the
Council and is not subject to NMFS
approval. NMFS may implement the
Catch Sharing Plan through its
regulations, but lacks authority to alter
or amend the Council’s approved Plan.
WDFW’s comment requests that
NMFS revise the Catch Sharing Plan to
remove language that allows for a
maximum of two fishing days per week
in the Washington subareas. NMFS is
unable to revise the Catch Sharing Plan,
but does have the authority to make
revisions to the regulations under
flexible inseason management
provisions, described in the Catch
Sharing Plan, and implemented in
regulation at 50 CFR 300.63.
Changes From the Proposed Rule
As described in the response to
Comment 1 above, NMFS changed
season dates off of California in this
final rule.
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
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developed by the IPHC, the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council,
and the Secretary of Commerce. Section
5 of the Halibut Act of 1982 (Halibut
Act, 16 U.S.C. 773c) provides the
Secretary of Commerce with the general
responsibility to carry out the Halibut
Convention between Canada and the
United States for the management of
Pacific halibut, including the authority
to adopt regulations as may be necessary
to carry out the purposes and objectives
of the Halibut Convention and Halibut
Act. This action is consistent with the
Secretary’s authority under the Halibut
Act.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is not expected to be an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
NMFS finds good cause to waive the
30-day delay in the date of effectiveness
and make this rule effective on April 29,
2019, in time for the start of recreational
Pacific halibut fisheries on May 1, 2019,
pursuant to 5 U.S.C. 553(d)(3). The 2019
Catch Sharing Plan provides the
framework for the annual management
measures and subarea allocations based
on the 2019 Area 2A catch limit for
Pacific halibut. Some recreational
fishery subareas open May 1, 2019, and
this rule implements subarea allocations
for those fisheries. Additionally, this
rule implements a change to the Catch
Sharing Plan season structure for the
Washington South Coast and Columbia
River subareas, which start in early
May.
The Council’s 2019 Catch Sharing
Plan approved in this rule includes
changes that respond to the needs of the
fisheries in each state, including
fisheries that begin in early May. The
recreational fishery subarea allocations
for 2019 are 26 percent higher than in
2018, and are implemented through this
rule. The recreational Pacific halibut
fisheries have high participation, and
some subareas close months before the
end of the season due to quota
attainment. Without the higher
allocation, fishing opportunity is lost,
potentially causing economic harm to
communities at sport fishing ports.
Additionally, the season dates in this
rule are specific to 2019 according to the
Catch Sharing Plan framework. Without
the publication of this rule, the 2018
season dates would remain in place, and
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would not occur on the days of the week
specified in the Catch Sharing Plan.
This year, the Council recommended
modifying the season dates for the
Columbia River subarea from three to
two days per week, and this rule is
necessary to implement that change;
otherwise the fishery, which is
scheduled to begin May 2, may close
sooner than intended. The season lasted
only five days last year, and if the 2018
season remained in place for 2019, the
fishery would likely conclude before the
third week in May.
Therefore, allowing the 2018 Catch
Sharing Plan to remain in place would
not respond to the needs of the fishery
and would be in conflict with the
Council’s final recommendation for
2019. A delay in effectiveness could
cause economic harm to the associated
fishing communities by reducing fishing
opportunity at the start of the fishing
year. As a result of the potential harm
to fishing communities that could be
caused by delaying the effectiveness of
this final rule, NMFS finds good cause
to waive the 30-day delay in the date of
effectiveness and make this rule
effective upon publication in the
Federal Register.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 604,
requires Federal agencies to prepare a
Final Regulatory Flexibility Analysis
(FRFA) for each final rule. The FRFA
describes the economic impact of this
action on small entities. The FRFA
includes a summary of significant issues
raised by public comments, the analyses
contained in the accompanying
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (IRFA), the IRFA
summary in the proposed rule, as well
as the summary provided below. A
statement of the necessity for, and the
objectives of this action are contained in
proposed rule and in the preamble to
this final rule, and is not repeated here.
A statement of the significant issues
raised by the public comments in
response to the IRFA, a statement of the
assessment of the agency of such issues,
and a statement of any changes made in
the proposed rule as a result of such
comments.
There were no issues raised about the
IRFA in the public comments.
The response of the agency to any
comments filed by the Chief Counsel for
Advocacy in response to the proposed
rule, and a detailed statement of any
change made to the proposed rule in the
final rule as a result of the comments.
There were no comments filed by the
Chief Counsel for Advocacy.
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A description and, where feasible,
estimate of the number of small entities
to which the final rule applies.
This action makes changes only to the
sport fishing sector of the halibut
fishery. Therefore, this rule may affect
some charterboat operations in Area 2A.
Previous analyses determined that
charterboats are small businesses. See
77 FR 5477 (Feb. 3, 2012) and 76 FR
2876 (Jan. 18, 2011). Charter fishing
operations are classified under NAICS
code 487210, with a corresponding SBA
size standard not in excess of $7.5
million in annual receipts. No
commercial fishing entities are directly
affected by this rule.
In 2018, the IPHC issued 133 licenses
to the charterboat fleet. Recent
information on charterboat activity is
not available, but prior analysis
indicated that 60 percent of the IPHC
charterboat license holders (around 80
vessels) may be affected by these
regulations. Private vessels used for
recreational fishing are not businesses,
and are therefore not subject to the RFA.
Reporting and recordkeeping
requirements.
The changes to the Catch Sharing Plan
and domestic management measures do
not include any new reporting or
recordkeeping requirements.
Description and estimate of economic
effects on entities, by entity size and
industry.
The major effect of halibut
management on small entities will be
from the catch limit decisions made by
the IPHC, a decision independent from
this action. This action only makes
minor changes to the Catch Sharing Plan
to provide increased recreational
opportunities under the allocations that
result from the Area 2A catch limit.
There are no large entities involved in
the halibut fisheries; therefore, none of
these changes will have a
disproportionately negative effect on
small entities versus large entities. The
changes to the plan are considered
minor, with minimal economic effects.
An explanation of the criteria used to
evaluate whether the rule would impose
‘‘significant’’ economic effects.
The recreational management
measures implement the Catch Sharing
Plan by managing the fisheries to meet
the differing fishery needs of the various
areas along the coast according to the
Catch Sharing Plan’s objectives. These
changes were uncontroversial
throughout the Council’s public process
and are considered minor because the
timing and level of participation are not
expected to change. The changes to the
Catch Sharing Plan are not expected to
have a significant economic impact on
a substantial number of small entities.
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An explanation of the criteria used to
evaluate whether the rule would impose
effects on ‘‘a substantial number’’ of
small entities.
Participants in the recreational
Washington and Columbia River
subareas will be impacted by these
changes, and all of the entities are
considered small. However, the effects
of the rule would be minimal as
described above. In 2017, the average
number of participants in the Columbia
River subarea was 73 (private vessels
and charterboats are not differentiated),
with the highest number on the first two
days and last day. Participation in 2019
is expected to be similar.
A description of, and an explanation
of the basis for, assumptions used.
In the description of the entities
affected, estimates of the number of
charterboats were based off a 2004
report by the Pacific States Marine
Fisheries Commission. This report has
not been updated and the number of
entities is assumed to be similar.
Relevant Federal rules that may
duplicate, overlap or conflict with the
final rule.
There are no relevant federal rules
that may duplicate, overlap, or conflict
with this action.
A description of any significant
alternatives to the final rule that
accomplish the stated objectives of
applicable statutes and that minimize
any significant economic impact of the
action on small entities.
There were no significant alternatives
to the final rule that would minimize
any significant impact on small entities.
The minor changes, including updates
to recreational fishery season dates,
removing the set-aside for the nearshore
fishery in the Washington South Coast
subarea, and modifying the number of
open days and the process for setting
open days in the Columbia River
subarea, were proposed by stakeholders
and recommended by the Council to
address the needs of the fishery. In
developing the minor changes to the
Plan that it recommended to NMFS, the
Council considered and accepted public
comment on alternatives. In large part,
these included ‘‘status quo’’ and
‘‘action’’ alternatives, where ‘‘status
quo’’ represented the 2018 Plan.
Removing the set-aside in the nearshore
fishery is not expected to impact the
fishery, since the South Coast primary
fishery has exceeded its sub-allocation
in previous years, and the nearshore
fishery has remained closed. Reducing
the number of open days in the
Columbia River subarea from three open
days (status quo—open Thursday,
Friday, and Sunday), to two open days
(open a combination of Thursday,
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17965
Friday, or Sunday), is expected to allow
the season to stay open through the
summer. Allowing the season to remain
open for three days could result in the
season ending at an earlier date, which
would ultimately decrease sport fishing
opportunities. The changes to the Catch
Sharing Plan are expected to slightly
increase fishing opportunities in some
areas and at some times and to slightly
decrease fishing opportunities in other
areas and at other times. None of these
changes are controversial and none are
expected to result in substantial
environmental or economic impacts.
These actions are intended to enhance
the conservation of Pacific halibut and
to provide angler opportunity where
available. Because the goal of the action
is to maximize angler participation, and
thus to maximize the economic benefits
of the fishery, NMFS did not analyze
alternatives to the above changes, other
than the Council-proposed changes and
the status quo, for purposes of the
FRFA. Effects of the status quo and the
changes in this final rule are similar,
because the changes to the Catch
Sharing Plan for 2019 are not
substantially different from the 2018
Plan. The changes to the Plan are not
expected to have a significant economic
impact.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a public notice to
fishery participants that also serves as a
small entity compliance guide (guide)
was prepared. Copies of this final rule
are available from the West Coast
Regional Office, and the guide will be
sent to all stakeholders on the email
listserv for the groundfish fishery and
posted to the West Coast groundfish and
halibut websites. The guide and this
final rule will be available upon request
from the West Coast Regional Office.
A copy of this analysis is available
from the Council or NMFS (see
ADDRESSES).
Pursuant to Executive Order 13175,
the Secretary recognizes the sovereign
status and co-manager role of Indian
tribes over shared Federal and tribal
fishery resources. Section 302(b)(5) of
the Magnuson-Stevens Fishery
Conservation and Management Act
establishes a seat on the Pacific Council
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Rules and Regulations
for a representative of an Indian tribe
with federally recognized fishing rights
from California, Oregon, Washington, or
Idaho.
The U.S. Government formally
recognizes that the 13 Washington
Tribes have treaty rights to fish for
Pacific halibut. In general terms, the
quantification of those rights is 50
percent of the harvestable surplus of
Pacific halibut available in the tribes’
usual and accustomed fishing areas
(described at 50 CFR 300.64). Each of
the treaty tribes has the discretion to
administer their fisheries and to
establish their own policies to achieve
program objectives. Accordingly, tribal
allocations and regulations, including
the changes to the Catch Sharing Plan,
have been developed in consultation
with the affected tribe(s) and, insofar as
possible, with tribal consensus.
Dated: April 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–08611 Filed 4–26–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02]
RIN 0648–XG984
Fisheries of the Exclusive Economic
Zone Off Alaska; Greenland Turbot in
the Aleutian Islands Subarea of the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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AGENCY:
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ACTION:
Temporary rule; closure.
NMFS is prohibiting directed
fishing for Greenland turbot in the
Aleutian Islands subarea of the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the 2019 Greenland
turbot initial total allowable catch
(ITAC) in the Aleutian Islands subarea
of the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), May 1, 2019, through
2400 hours, A.l.t., December 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2019 Greenland turbot ITAC in
the Aleutian Islands subarea of the BSAI
is 144 metric tons (mt) as established by
the final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019). The
Regional Administrator has determined
that the 2019 ITAC for Greenland turbot
in the Aleutian Islands subarea of the
BSAI is necessary to account for the
incidental catch of this species in other
anticipated groundfish fisheries for the
2019 fishing year. Therefore, in
accordance with § 679.20(d)(1)(i), the
Regional Administrator establishes the
directed fishing allowance for
Greenland turbot in the Aleutian Islands
subarea of the BSAI as zero mt.
Consequently, in accordance with
§ 679.20(d)(1)(iii), NMFS is prohibiting
SUMMARY:
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directed fishing for Greenland turbot in
the Aleutian Islands subarea of the
BSAI.
While this closure is effective, the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
Greenland turbot in the Aleutian Islands
subarea of the BSAI. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as April 22, 2019.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 24, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–08545 Filed 4–26–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17960-17966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08611]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 181022969-9377-02]
RIN 0648-BI55
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements the Pacific Halibut Catch Sharing
Plan for the International Pacific Halibut Commission's regulatory Area
2A off Washington, Oregon, and California. In addition, this final rule
implements portions of the Catch Sharing Plan and management measures
that are not implemented through the International Pacific Halibut
Commission. These measures include the recreational fishery seasons and
management measures for Area 2A. These actions are intended to conserve
Pacific halibut and provide angler opportunity where available.
DATES: This rule is effective on April 29, 2019.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 7600 Sand Point Way NE, Seattle, WA 98115. For information
regarding all halibut fisheries and general regulations not contained
in this rule contact the International Pacific Halibut Commission, 2320
W Commodore Way, Suite 300, Seattle, WA 98199-1287. Electronic copies
of the Regulatory Impact Review (RIR) and Final Regulatory Flexibility
Analysis (FRFA) prepared for this action may be obtained by contacting
Kathryn Blair, phone:
[[Page 17961]]
503-231-6858, email: [email protected].
FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858,
fax: 503-231-6893, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act (Halibut Act) of 1982 gives the
Secretary of Commerce responsibility for implementing the provisions of
the Halibut Convention between the United States and Canada. 16 U.S.C.
773-773k. The Halibut Act requires that the Secretary adopt regulations
to carry out the purposes and objectives of the Halibut Convention and
Halibut Act 16 U.S.C. 773(c). The Halibut Act also authorizes the
regional fishery management councils to develop regulations in addition
to, but not in conflict with, regulations of the International Pacific
Halibut Commission (IPHC) to govern the Pacific halibut catch in their
corresponding U.S. Convention waters. 16 U.S.C. 773c(c).
At its annual meeting in February 2019, the IPHC recommended an
Area 2A catch limit of 1,500,000 lb (680.4 metric tons (mt)) for 2019.
This catch limit is derived from the total constant exploitation yield
(TCEY) of 1,650,000 lb (748.4 mt), which includes commercial discards
and bycatch estimates calculated using a formula developed by the IPHC.
The table below shows the fishery and subarea allocations resulting
from the framework described in the 2019 Area 2A Catch Sharing Plan.
Table 1--Area 2A Catch Limit and Fishery Subarea Allocations for 2019
------------------------------------------------------------------------
Pounds Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................ 1,650,000 748.4
Area 2A Catch Limit..................... 1,500,000 680.4
Tribal commercial fishery............... 497,000 225.4
Incidental commercial catch during 70,000 31.8
sablefish fishery......................
Non-tribal directed commercial fishery.. 254,426 115.4
Incidental commercial catch during 44,899 20.4
salmon troll fishery...................
Washington recreational fishery--Puget 77,550 35.2
Sound..................................
Washington recreational fishery--North 128,187 58.1
Coast..................................
Washington recreational fishery--South 62,896 28.5
Coast..................................
Columbia River recreational fishery..... 15,127 6.9
Oregon recreational fishery--Central 271,592 123.2
Oregon.................................
Oregon recreational fishery--Southern 11,322 5.1
Oregon.................................
California recreational fishery......... 39,000 17.7
------------------------------------------------------------------------
The Area 2A catch limit, tribal commercial fishery allocation, and
commercial fishery allocations are adopted by the IPHC and were
published in the Federal Register on March 14, 2019 (84 FR 9243) after
acceptance by the Secretary of State in accordance with 50 CFR 300.62.
Since 1988, NMFS has implemented annual Catch Sharing Plans that
allocate the IPHC regulatory Area 2A Pacific halibut catch limit
between treaty Indian and non-Indian harvesters, and among non-Indian
commercial and recreational (sport) fisheries. The Pacific Fishery
Management Council (Council) develops Catch Sharing Plans in accordance
with the Halibut Act. In 1995, the Council recommended, and NMFS
approved and implemented a long-term Area 2A Catch Sharing Plan (60 FR
14651; March 20, 1995). NMFS has been implementing adjustments to the
Area 2A Catch Sharing Plan based on Council recommendations each year
to address the changing needs of these fisheries. While the full Catch
Sharing Plan is not published in the Federal Register, it is made
available on the Council and NMFS websites.
This rule adopts the Council's recommended changes to the Catch
Sharing Plan for IPHC regulatory Area 2A, which affect only the
recreational fishery. In addition, this rule revises the recreational
Pacific halibut fishery management measures, such as season dates and
bag limits, set in NMFS regulations and described in the proposed rule
(84 FR 9281; March 14, 2019). These management measures are detailed in
the Council's recommended Catch Sharing Plan and were developed through
the Council's public process. This rule finalizes 2019 dates for the
recreational fisheries consistent with the Council's recommendations as
well as recommendations from Oregon, Washington, and California that
were received either during the Council process or during the comment
period for the proposed rule.
For 2019, the Council recommended minor modifications to
recreational (sport) fisheries to better match the needs of the
fishery. On March 14, 2019, NMFS published a proposed rule to approve
the Council's recommended changes to the 2019 Catch Sharing Plan and
recreational management measures for Area 2A (84 FR 9281). This final
rule includes these components of the proposed rule. The Catch Sharing
Plan changes provide flexibility to the state recreational fishery
managers for opening the South Coast nearshore fishery and for
extending the Columbia River fishery into the summer by both modifying
the number of open days and the process for setting open days.
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, WA
The 2019 Catch Sharing Plan allows incidental halibut retention in
the sablefish primary fishery north of Pt. Chehalis, WA, when the
Washington recreational catch limit is 214,110 lb (101.7 mt) or
greater, provided that a minimum of 10,000 lb (4.5 mt) is available.
The Area 2A catch limit for 2019 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention in the sablefish primary
fishery, which occurs when the catch limit is 1,500,000 lb (680.4 mt)
or more. Incidental halibut landing restrictions in the sablefish
fishery are recommended by the Council and implemented in the
groundfish regulations at 50 CFR 660.231(b)(3)(iv).
2019 Recreational Fishery Management Measures
The annual domestic management measures are published each year
through a final rule under NMFS' authority to implement the Halibut
Convention. 50 CFR 300.62. As provided in the Halibut Act at 16 U.S.C.
773b, the Secretary of State, with the concurrence of the Secretary of
Commerce, may accept or reject, on behalf of the United States,
regulations recommended by the IPHC in accordance with the Convention.
For
[[Page 17962]]
the 2019 fishing season, the final rule for the commercial fisheries
and IPHC regulations was published on March 14, 2019 (84 FR 9243). The
section numbers below correspond to IPHC regulation sections in the
March 14, 2019, final rule.
The recreational fishing regulations for Area 2A, included in
section 27 (referring to the relevant section of the IPHC regulations)
below, are consistent with the measures adopted by the IPHC and
approved by the Secretary of State, but were developed by the Council
and promulgated by the United States under the Halibut Act.
This rule adds the following text to Section 27 of the annual
domestic management measures and paragraph (8) of the 2019 IPHC
regulations, ``Sport Fishing for Pacific Halibut--IPHC Regulatory Area
2A'':
(8) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits are as follows, except as modified under the inseason
actions consistent with 50 CFR 300.63(c). All sport fishing in Area 2A
is managed on a ``port of landing'' basis, whereby any halibut landed
into a port counts toward the quota for the area in which that port is
located, and the regulations governing the area of landing apply,
regardless of the specific area of catch.
(a) The quota for the area in Puget Sound and the U.S. waters in
the Strait of Juan de Fuca, east of a line extending from 48[deg]17.30'
N lat., 124[deg]23.70' W long. north to 48[deg]24.10' N lat.,
124[deg]23.70' W long., is 77,550 lb (35.2 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20,
and 22, or until there is not sufficient quota for another full day of
fishing and the area is closed by the Commission. Any closure will be
announced on the NMFS hotline at 800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(b) The quota for landings into ports in the area off the north
Washington coast, west of the line described in paragraph (2)(a) of
section 26 and north of the Queets River (47[deg]31.70' N lat.) (North
Coast subarea), is 128,187 lb (58.1 mt).
(i) The fishing seasons are:
(A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20,
and 22, or until there is not sufficient quota for another full day of
fishing and the area is closed by the Commission. Any closure will be
announced on the NMFS hotline at 800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing with
recreational gear in the North Coast Recreational YRCA may not be in
possession of any halibut. Recreational vessels may transit through the
North Coast Recreational YRCA with or without halibut on board. The
North Coast Recreational YRCA is a C-shaped area off the northern
Washington coast intended to protect yelloweye rockfish. The North
Coast Recreational YRCA is defined in groundfish regulations at 50 CFR
660.70(a).
(c) The quota for landings into ports in the area between the
Queets River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA
(46[deg]38.17' N lat.) (South Coast subarea), is 62,896 lb (28.5 mt).
(i) This subarea is divided between the all-waters fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N lat. south to 46[deg]58.00' N
lat. and east of a boundary line approximating the 30 fm depth contour.
This area is defined by straight lines connecting all of the following
points in the order stated as described by the following coordinates
(the Washington South coast, northern nearshore area):
(1) 47[deg]31.70' N lat., 124[deg]37.03' W long.;
(2) 47[deg]25.67' N lat., 124[deg]34.79' W long.;
(3) 47[deg]12.82' N lat., 124[deg]29.12' W long.;
(4) 46[deg]58.00' N lat., 124[deg]24.24' W long.
The primary fishery season dates are May 2, 5, 9, 12, and 24, or
until there is not sufficient quota for another full day of fishing and
the area is closed by the Commission. Any closure will be announced on
the NMFS hotline at 800-662-9825. If sufficient quota remains, the
fishing season in the nearshore area commences the Saturday subsequent
to the closure of the primary fishery, and continues 7 days per week
until 62,896 lb (28.5 mt) is projected to be taken by the two fisheries
combined and the fishery is closed by the Commission or September 30,
whichever is earlier. If the fishery is closed prior to September 30,
and there is insufficient quota remaining to reopen the northern
nearshore area for another fishing day, then any remaining quota may be
transferred in-season to another Washington coastal subarea by NMFS.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Seaward of the boundary line approximating the 30-fm depth
contour and during days open to the primary fishery, lingcod may be
taken, retained and possessed when allowed by groundfish regulations at
50 CFR 660.360, subpart G.
(iv) Recreational fishing for groundfish and halibut is prohibited
within the South Coast Recreational YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing vessels to take and retain,
possess, or land halibut taken with recreational gear within the South
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not
be in possession of any halibut. Recreational vessels may transit
through the South Coast Recreational YRCA and Westport Offshore YRCA
with or without halibut on board. The South Coast Recreational YRCA and
Westport Offshore YRCA are areas off the southern Washington coast
established to protect yelloweye rockfish. The South Coast Recreational
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is
defined at 50 CFR 660.70(e).
(d) The quota for landings into ports in the area between
Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR
(45[deg]46.00' N lat.) (Columbia River subarea), is 15,127 lb (6.9 mt).
(i) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 500 lb (0.23 mt)
of the subarea allocation. The nearshore fishery extends from
Leadbetter Point (46[deg]38.17' N lat., 124[deg]15.88' W long.) to the
Columbia River (46[deg]16.00' N lat., 124[deg]15.88' W long.) by
connecting the following coordinates in Washington 46[deg]38.17' N
lat., 124[deg]15.88' W long. 46[deg]16.00' N lat., 124[deg]15.88' W
long. and connecting to the boundary line approximating the 40 fm (73
m) depth contour in Oregon. The nearshore fishery opens May 6, and
continues on Monday, Tuesday, and Wednesday each week until the
nearshore allocation is taken, or September 30, whichever is earlier.
The all-depth fishing season is open May 2, 5, 9, 12, 24, and 26. If
sufficient quota remains after May 26, the Columbia River subarea would
be open two days per week (Thursday and Sunday) until 15,127 lb (6.9
mt) are estimated to have been taken and the season is closed by the
Commission, or September 30, whichever is earlier. Subsequent to this
closure, if there is insufficient quota remaining in the Columbia River
subarea for another fishing day, then any remaining quota may be
transferred inseason to another Washington and/or Oregon subarea by
NMFS. Any remaining quota would be transferred to each state in
proportion to its contribution.
[[Page 17963]]
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Pacific Coast groundfish may not be taken and retained,
possessed or landed when halibut are on board the vessel, except
sablefish, Pacific cod, flatfish species, and lingcod caught north of
the Washington-Oregon border during the recreational halibut fishery,
when allowed by Pacific Coast groundfish regulations, during days open
to the all-depth fishery only.
(iv) Taking, retaining, possessing, or landing halibut on
groundfish trips is only allowed in the nearshore area on days not open
to all-depth Pacific halibut fisheries.
(e) The quota for landings into ports in the area off Oregon
between Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain
(42[deg]40.50' N lat.) (Oregon Central Coast subarea), is 271,592 lb
(123.2 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences June
1, and continues 7 days a week, in the area shoreward of a boundary
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 32,591 lb
(14.8 mt), or any inseason revised subquota, is estimated to have been
taken and the season is closed by the Commission, or October 31,
whichever is earlier. The boundary line approximating the 40-fm (73-m)
depth contour between 45[deg]46.00' N lat. and 42[deg]40.50' N lat. is
defined at Sec. 660.71(k).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 9, 10, 11; 16, 17, 18; 23, 24, 25; 30, 31,
June 1; and 6, 7, 8. The allocation to the all-depth fishery is 171,103
lb (77.6 mt). If sufficient unharvested quota remains for additional
fishing days, the season will re-open June 20, 21, 22; July 4, 5, 6;
and July 18, 19, 20. Notice of the re-opening will be announced on the
NMFS hotline (206) 526-6667 or (800) 662-9825.
(C) The third season (summer season), which is for the ``all-
depth'' fishery, will be August 2, 3; 16, 17; 30, 31; September 13, 14;
27, 28; October 11, 12; and 25, 26; and will continue until the
combined spring season and summer season quotas in the area between
Cape Falcon and Humbug Mountain, Oregon, are estimated to have been
taken and the area is closed by the Commission. NMFS will announce on
the NMFS hotline in July whether the fishery will re-open for the
summer season in August. Additional fishing days may be opened if
sufficient quota remains after the last day of the first scheduled open
period. If, after this date, an amount greater than or equal to 60,000
lb (27.2 mt) remains in the combined all-depth and inside 40-fm (73-m)
quota, the fishery may re-open every Friday and Saturday, beginning
August 2 and 3, and ending when there is insufficient quota remaining,
whichever is earlier. If after September 3, an amount greater than or
equal to 30,000 lb (13.6 mt) remains in the combined all-depth and
inside 40-fm (73-m) quota, and the fishery is not already open every
Friday and Saturday, the fishery may re-open every Friday and Saturday,
beginning September 6 and 7, and ending October 31. After September 3,
the bag limit may be increased to two fish of any size per person, per
day. NMFS will announce on the NMFS hotline whether the summer all-
depth fishery will be open on such additional fishing days, what days
the fishery will be open and what the bag limit is.
(ii) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline any bag limit changes.
(iii) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, no groundfish may be taken
and retained, possessed or landed, when halibut are on board the
vessel, except sablefish, Pacific cod, and flatfish species, when
allowed by groundfish regulations, if halibut are on board the vessel.
During days open to all-depth halibut fishing when the groundfish
fishery is open to all depths, any groundfish species permitted under
the groundfish regulations may be retained, possessed or landed if
halibut are on board the vessel. During days open to nearshore halibut
fishing, flatfish species may be taken and retained seaward of the
seasonal groundfish depths restrictions, if halibut are on board the
vessel.
(iv) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(v) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is an area off central
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish.
The Stonewall Bank YRCA is defined at Sec. 660.70(f).
(f) The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg]40.50' N lat.) to the Oregon/California Border
(42[deg]00.00' N lat.) (Southern Oregon subarea) is 11,322 lb (5.1 mt).
(i) The fishing season commences on May 1, and continues 7 days per
week until the subquota is taken, or October 31, whichever is earlier.
(ii) The daily bag limit is one halibut per person with no size
limit.
(iii) No Pacific Coast groundfish may be taken and retained,
possessed or landed, except sablefish, Pacific cod, and flatfish
species, in areas closed to groundfish, if halibut are on board the
vessel.
(g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N lat.) and along the California coast
is 39,000 lb (17.7 mt).
(i) The fishing season will be open May 1 through October 31, or
until the subarea quota is estimated to have been taken and the season
is closed by the Commission, whichever is earlier. NMFS will announce
any closure by the Commission on the NMFS hotline (206) 526-6667 or
(800) 662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
Comments and Responses
NMFS accepted public comments on the Council's recommended
modifications to the 2019 Area 2A Catch Sharing Plan and the resulting
proposed domestic fishing regulations through March 29, 2019. We
received two comments from state agencies--the California Department of
Fish and Wildlife (CDFW) and the Washington Department of Fish and
Wildlife (WDFW).
Comment 1: CDFW submitted a comment recommending final recreational
fishing season dates for the 2019 season. CDFW hosted an online survey
following the IPHC annual meeting. Based on public comments received on
California halibut fisheries and fishing performance in recent years,
CDFW recommended season dates of May 1-October 31, or until quota has
been attained, whichever comes first.
Response: NMFS concurs that the CDFW-recommended season dates are
appropriate. The Area 2A catch limit is significantly higher than in
the recent past and the season structure recommended by CDFW, which
removes closed periods that were in effect in past years, should allow
California to fully utilize its allocation.
[[Page 17964]]
NMFS has updated sport fishery season dates off of California in this
final rule.
Comment 2: WDFW submitted a comment suggesting a revision to the
Catch Sharing Plan. WDFW provided its preferred season dates and
suggested Catch Sharing Plan changes at the November Council meeting,
prior to the IPHC's recommended Area 2A catch limit. The IPHC agreed on
an Area 2A catch limit in early February 2019 that was higher than
anticipated in November 2018, when the Council recommended Catch
Sharing Plan changes and season dates. WDFW commented that the 2019
FCEY is 26 percent higher than in 2018, and that it anticipates needing
more than two fishing days per week, as set forth under the Catch
Sharing Plan, to ensure that sport fishery participants can catch the
entire allocation. To allow for the additional fishing days, WDFW
suggests adjusting the Catch Sharing Plan language. The Catch Sharing
Plan includes language for recreational fisheries in Washington
subareas that states ``seasons . . . may be open up to two days per
week which may include one weekday and one weekend day.'' WDFW
suggested removing the language specifying two days per week from the
Catch Sharing Plan to provide flexibility for additional fishing days.
Response: The Catch Sharing Plan is a framework that details
allocations and season structure. The Catch Sharing Plan forms the
basis for season dates as recommended by the states after discussion
with stakeholders, and allocations resulting from the 2A catch limit.
It is a document created by the Council and is not subject to NMFS
approval. NMFS may implement the Catch Sharing Plan through its
regulations, but lacks authority to alter or amend the Council's
approved Plan.
WDFW's comment requests that NMFS revise the Catch Sharing Plan to
remove language that allows for a maximum of two fishing days per week
in the Washington subareas. NMFS is unable to revise the Catch Sharing
Plan, but does have the authority to make revisions to the regulations
under flexible inseason management provisions, described in the Catch
Sharing Plan, and implemented in regulation at 50 CFR 300.63.
Changes From the Proposed Rule
As described in the response to Comment 1 above, NMFS changed
season dates off of California in this final rule.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) provides the Secretary of Commerce with the general
responsibility to carry out the Halibut Convention between Canada and
the United States for the management of Pacific halibut, including the
authority to adopt regulations as may be necessary to carry out the
purposes and objectives of the Halibut Convention and Halibut Act. This
action is consistent with the Secretary's authority under the Halibut
Act.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not expected to
be an Executive Order 13771 regulatory action because this action is
not significant under Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
NMFS finds good cause to waive the 30-day delay in the date of
effectiveness and make this rule effective on April 29, 2019, in time
for the start of recreational Pacific halibut fisheries on May 1, 2019,
pursuant to 5 U.S.C. 553(d)(3). The 2019 Catch Sharing Plan provides
the framework for the annual management measures and subarea
allocations based on the 2019 Area 2A catch limit for Pacific halibut.
Some recreational fishery subareas open May 1, 2019, and this rule
implements subarea allocations for those fisheries. Additionally, this
rule implements a change to the Catch Sharing Plan season structure for
the Washington South Coast and Columbia River subareas, which start in
early May.
The Council's 2019 Catch Sharing Plan approved in this rule
includes changes that respond to the needs of the fisheries in each
state, including fisheries that begin in early May. The recreational
fishery subarea allocations for 2019 are 26 percent higher than in
2018, and are implemented through this rule. The recreational Pacific
halibut fisheries have high participation, and some subareas close
months before the end of the season due to quota attainment. Without
the higher allocation, fishing opportunity is lost, potentially causing
economic harm to communities at sport fishing ports. Additionally, the
season dates in this rule are specific to 2019 according to the Catch
Sharing Plan framework. Without the publication of this rule, the 2018
season dates would remain in place, and would not occur on the days of
the week specified in the Catch Sharing Plan. This year, the Council
recommended modifying the season dates for the Columbia River subarea
from three to two days per week, and this rule is necessary to
implement that change; otherwise the fishery, which is scheduled to
begin May 2, may close sooner than intended. The season lasted only
five days last year, and if the 2018 season remained in place for 2019,
the fishery would likely conclude before the third week in May.
Therefore, allowing the 2018 Catch Sharing Plan to remain in place
would not respond to the needs of the fishery and would be in conflict
with the Council's final recommendation for 2019. A delay in
effectiveness could cause economic harm to the associated fishing
communities by reducing fishing opportunity at the start of the fishing
year. As a result of the potential harm to fishing communities that
could be caused by delaying the effectiveness of this final rule, NMFS
finds good cause to waive the 30-day delay in the date of effectiveness
and make this rule effective upon publication in the Federal Register.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604,
requires Federal agencies to prepare a Final Regulatory Flexibility
Analysis (FRFA) for each final rule. The FRFA describes the economic
impact of this action on small entities. The FRFA includes a summary of
significant issues raised by public comments, the analyses contained in
the accompanying Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (IRFA), the IRFA summary in the
proposed rule, as well as the summary provided below. A statement of
the necessity for, and the objectives of this action are contained in
proposed rule and in the preamble to this final rule, and is not
repeated here.
A statement of the significant issues raised by the public comments
in response to the IRFA, a statement of the assessment of the agency of
such issues, and a statement of any changes made in the proposed rule
as a result of such comments.
There were no issues raised about the IRFA in the public comments.
The response of the agency to any comments filed by the Chief
Counsel for Advocacy in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in the final rule as
a result of the comments.
There were no comments filed by the Chief Counsel for Advocacy.
[[Page 17965]]
A description and, where feasible, estimate of the number of small
entities to which the final rule applies.
This action makes changes only to the sport fishing sector of the
halibut fishery. Therefore, this rule may affect some charterboat
operations in Area 2A. Previous analyses determined that charterboats
are small businesses. See 77 FR 5477 (Feb. 3, 2012) and 76 FR 2876
(Jan. 18, 2011). Charter fishing operations are classified under NAICS
code 487210, with a corresponding SBA size standard not in excess of
$7.5 million in annual receipts. No commercial fishing entities are
directly affected by this rule.
In 2018, the IPHC issued 133 licenses to the charterboat fleet.
Recent information on charterboat activity is not available, but prior
analysis indicated that 60 percent of the IPHC charterboat license
holders (around 80 vessels) may be affected by these regulations.
Private vessels used for recreational fishing are not businesses, and
are therefore not subject to the RFA.
Reporting and recordkeeping requirements.
The changes to the Catch Sharing Plan and domestic management
measures do not include any new reporting or recordkeeping
requirements.
Description and estimate of economic effects on entities, by entity
size and industry.
The major effect of halibut management on small entities will be
from the catch limit decisions made by the IPHC, a decision independent
from this action. This action only makes minor changes to the Catch
Sharing Plan to provide increased recreational opportunities under the
allocations that result from the Area 2A catch limit. There are no
large entities involved in the halibut fisheries; therefore, none of
these changes will have a disproportionately negative effect on small
entities versus large entities. The changes to the plan are considered
minor, with minimal economic effects.
An explanation of the criteria used to evaluate whether the rule
would impose ``significant'' economic effects.
The recreational management measures implement the Catch Sharing
Plan by managing the fisheries to meet the differing fishery needs of
the various areas along the coast according to the Catch Sharing Plan's
objectives. These changes were uncontroversial throughout the Council's
public process and are considered minor because the timing and level of
participation are not expected to change. The changes to the Catch
Sharing Plan are not expected to have a significant economic impact on
a substantial number of small entities.
An explanation of the criteria used to evaluate whether the rule
would impose effects on ``a substantial number'' of small entities.
Participants in the recreational Washington and Columbia River
subareas will be impacted by these changes, and all of the entities are
considered small. However, the effects of the rule would be minimal as
described above. In 2017, the average number of participants in the
Columbia River subarea was 73 (private vessels and charterboats are not
differentiated), with the highest number on the first two days and last
day. Participation in 2019 is expected to be similar.
A description of, and an explanation of the basis for, assumptions
used.
In the description of the entities affected, estimates of the
number of charterboats were based off a 2004 report by the Pacific
States Marine Fisheries Commission. This report has not been updated
and the number of entities is assumed to be similar.
Relevant Federal rules that may duplicate, overlap or conflict with
the final rule.
There are no relevant federal rules that may duplicate, overlap, or
conflict with this action.
A description of any significant alternatives to the final rule
that accomplish the stated objectives of applicable statutes and that
minimize any significant economic impact of the action on small
entities.
There were no significant alternatives to the final rule that would
minimize any significant impact on small entities. The minor changes,
including updates to recreational fishery season dates, removing the
set-aside for the nearshore fishery in the Washington South Coast
subarea, and modifying the number of open days and the process for
setting open days in the Columbia River subarea, were proposed by
stakeholders and recommended by the Council to address the needs of the
fishery. In developing the minor changes to the Plan that it
recommended to NMFS, the Council considered and accepted public comment
on alternatives. In large part, these included ``status quo'' and
``action'' alternatives, where ``status quo'' represented the 2018
Plan. Removing the set-aside in the nearshore fishery is not expected
to impact the fishery, since the South Coast primary fishery has
exceeded its sub-allocation in previous years, and the nearshore
fishery has remained closed. Reducing the number of open days in the
Columbia River subarea from three open days (status quo--open Thursday,
Friday, and Sunday), to two open days (open a combination of Thursday,
Friday, or Sunday), is expected to allow the season to stay open
through the summer. Allowing the season to remain open for three days
could result in the season ending at an earlier date, which would
ultimately decrease sport fishing opportunities. The changes to the
Catch Sharing Plan are expected to slightly increase fishing
opportunities in some areas and at some times and to slightly decrease
fishing opportunities in other areas and at other times. None of these
changes are controversial and none are expected to result in
substantial environmental or economic impacts. These actions are
intended to enhance the conservation of Pacific halibut and to provide
angler opportunity where available. Because the goal of the action is
to maximize angler participation, and thus to maximize the economic
benefits of the fishery, NMFS did not analyze alternatives to the above
changes, other than the Council-proposed changes and the status quo,
for purposes of the FRFA. Effects of the status quo and the changes in
this final rule are similar, because the changes to the Catch Sharing
Plan for 2019 are not substantially different from the 2018 Plan. The
changes to the Plan are not expected to have a significant economic
impact.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a public notice to fishery participants that
also serves as a small entity compliance guide (guide) was prepared.
Copies of this final rule are available from the West Coast Regional
Office, and the guide will be sent to all stakeholders on the email
listserv for the groundfish fishery and posted to the West Coast
groundfish and halibut websites. The guide and this final rule will be
available upon request from the West Coast Regional Office.
A copy of this analysis is available from the Council or NMFS (see
ADDRESSES).
Pursuant to Executive Order 13175, the Secretary recognizes the
sovereign status and co-manager role of Indian tribes over shared
Federal and tribal fishery resources. Section 302(b)(5) of the
Magnuson-Stevens Fishery Conservation and Management Act establishes a
seat on the Pacific Council
[[Page 17966]]
for a representative of an Indian tribe with federally recognized
fishing rights from California, Oregon, Washington, or Idaho.
The U.S. Government formally recognizes that the 13 Washington
Tribes have treaty rights to fish for Pacific halibut. In general
terms, the quantification of those rights is 50 percent of the
harvestable surplus of Pacific halibut available in the tribes' usual
and accustomed fishing areas (described at 50 CFR 300.64). Each of the
treaty tribes has the discretion to administer their fisheries and to
establish their own policies to achieve program objectives.
Accordingly, tribal allocations and regulations, including the changes
to the Catch Sharing Plan, have been developed in consultation with the
affected tribe(s) and, insofar as possible, with tribal consensus.
Dated: April 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-08611 Filed 4-26-19; 8:45 am]
BILLING CODE 3510-22-P
