Pacific Halibut Fisheries; Catch Sharing Plan, 25317-25325 [2020-09231]
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Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
required to determine if the
applicability criteria identified in
subpart B to parts 1580, 1582, and 1584
apply to their operations. Owner/
operators are required to notify TSA of
applicability by October 21, 2020.
(b) New or modified operations. If an
owner/operator commences new
operations or modifies existing
operations after September 21, 2020,
that person is responsible for
determining whether the new or
modified operations would meet the
applicability criteria in subpart B to 49
CFR parts 1580, 1582, or 1584, and must
notify TSA no later than 90 calendar
days before commencing operations or
implementing modifications.
■ 3. Amend § 1570.109 by:
■ a. Revising paragraphs (b)(1) and (2);
■ b. Redesignating paragraph (g) as
paragraph (d); and
■ c. Revising newly redesignated
paragraph (d).
The revisions read as follows:
§ 1570.109
Submission and approval.
*
*
*
*
*
(b) * * *
(1) Submit its program to TSA for
approval no later than December 21,
2020.
(2) If commencing or modifying
operations so as to be subject to the
requirements of subpart B to 49 CFR
parts 1580, 1582, or 1584 after
September 21, 2020, submit a training
program to TSA no later than 90
calendar days before commencing new
or modified operations.
*
*
*
*
*
(d) Petition for Reconsideration.
Within 30 days of receiving the notice
to modify, the owner/operator may file
a petition for reconsideration under
§ 1570.119 of this part.
■ 5. Amend § 1570.201, by revising
paragraph (e) to read as follows:
§ 1570.201
Security Coordinator.
*
*
*
*
*
(e) Each owner/operator required to
have a Security Coordinator must
provide in writing to TSA the names,
U.S. citizenship status, titles, phone
number(s), and email address(es) of the
Security Coordinator and alternate
Security Coordinator(s) by October 28,
2020, commencement of operations, or
change in any of the information
required by this section.
*
*
*
*
*
Date: April 17, 2020.
David P. Pekoske,
Administrator.
[FR Doc. 2020–08528 Filed 4–30–20; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 200427–0121]
RIN 0648–BJ39
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
the Pacific Halibut Catch Sharing Plan
for the International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California. In
addition, this final rule implements
management measures that are not
implemented through the International
Pacific Halibut Commission. These
measures include the recreational
fishery seasons and allocations, and
other management measures for Area
2A, including some season dates that
are different than proposed. This rule
also announces that it may be necessary
to further modify the opening dates or
other fishing days for some subareas
shortly after the publication of this final
rule, in response to changes in state
measures related to the spread of
COVID–19. These actions are intended
to conserve Pacific halibut and provide
angler opportunity where available.
DATES: This rule is effective on April 30,
2020.
ADDRESSES: Additional information
regarding this action may be obtained by
SUMMARY:
25317
contacting the Sustainable Fisheries
Division, NMFS West Coast Region,
1201 NE Lloyd Boulevard, Suite 1100,
Portland, OR 97232. For information
regarding all halibut fisheries and
general regulations not contained in this
rule, contact the International Pacific
Halibut Commission, 2320 W.
Commodore Way, Suite 300, Seattle,
WA 98199–1287. Electronic copies of
the Regulatory Impact Review (RIR) and
Final Regulatory Flexibility Analysis
(FRFA) prepared for this action may be
obtained by contacting Kathryn Blair,
phone: 503–231–6858, email:
kathryn.blair@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Kathryn Blair, phone: 503–231–6858,
fax: 503–231–6893, or email:
kathryn.blair@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act
(Halibut Act) of 1982 gives the Secretary
of Commerce (Secretary) responsibility
for implementing the provisions of the
Halibut Convention between the United
States and Canada. 16 U.S.C. 773–773k.
The Halibut Act requires that the
Secretary adopt regulations to carry out
the purposes and objectives of the
Halibut Convention and Halibut Act 16
U.S.C. 773(c). The Halibut Act also
authorizes the regional fishery
management councils to develop
regulations in addition to, but not in
conflict with, regulations of the
International Pacific Halibut
Commission (IPHC) to govern the
Pacific halibut catch in their
corresponding U.S. Convention waters
(16 U.S.C. 773c(c)).
At its annual meeting in February
2020, the IPHC recommended an Area
2A catch limit of 1,500,000 pounds (lb)
(680.4 metric tons (mt)) for 2020. This
catch limit is derived from the total
constant exploitation yield (TCEY) of
1,650,000 lb (748.4 mt), which includes
commercial discards and bycatch
estimates calculated using a formula
developed by the IPHC. The table below
shows the fishery and subarea
allocations resulting from the
framework described in the 2020 Area
2A Catch Sharing Plan.
TABLE 1—AREA 2A CATCH LIMIT AND FISHERY SUBAREA ALLOCATIONS FOR 2020
Pounds
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 ......................................................................................................
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1,650,000
1,500,000
492,800
70,000
254,426
44,899
77,550
Metric tons
748.4
680.4
223.5
31.8
115.4
20.4
35.2
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TABLE 1—AREA 2A CATCH LIMIT AND FISHERY SUBAREA ALLOCATIONS FOR 2020—Continued
Pounds
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 13, 2020 (85 FR 14586) after
acceptance by the Secretary of State in
accordance with 50 CFR 300.62.
Since 1988, NMFS has implemented
annual Catch Sharing Plans that allocate
the IPHC regulatory Area 2A Pacific
halibut catch limit between treaty
Indian and non-Indian harvesters, and
among non-Indian commercial and
recreational (sport) fisheries. The Pacific
Fishery Management Council (Council)
develops Catch Sharing Plans in
accordance with the Halibut Act. In
1995, the Council recommended, and
NMFS approved and implemented a
long-term Area 2A Catch Sharing Plan
(60 FR 14651; March 20, 1995). NMFS
has been implementing adjustments to
the Area 2A Catch Sharing Plan based
on Council recommendations each year
to address the changing needs of these
fisheries. While the full Catch Sharing
Plan is not published in the Federal
Register, it is made available on the
Council and NMFS websites.
This rule adopts the Council’s
recommended changes to the Catch
Sharing Plan for IPHC regulatory Area
2A, which affect only the recreational
fishery. The Catch Sharing Plan changes
provide more opportunities for anglers
in Washington and Oregon by remaining
open more days per week, opening up
to one month earlier, and transferring
quota to the Columbia River from the
Southern Oregon subarea in years with
a high catch limit. Details of these
changes are described in the proposed
rule and are not repeated here.
In addition, this rule implements the
recreational Pacific halibut fishery
management measures, such as season
dates and some catch limits, set in
NMFS regulations and described in the
proposed rule (85 FR 6883; February 6,
2020). These management measures are
detailed in the Council’s recommended
Catch Sharing Plan and were developed
through the Council’s public process.
This rule implements most of the 2020
dates for the recreational fisheries
consistent with the Council’s
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recommendations as well as
recommendations from Oregon,
Washington, and California that were
received either during the Council
process or during the comment period
for the proposed rule. However, this
rule implements season dates different
from the proposed rule for the State of
Washington, in response to measures
enacted due to the COVID–19
pandemic.
Regulatory Changes
This rule also revises some provisions
of the regulations at 50 CFR part 300,
subpart E, for clarity and consistency.
Regulations at 50 CFR 300.61 and
300.64 describe the usual and
accustomed (U&A) fishing areas of
Indian tribes with treaty fishing rights to
Pacific halibut. NMFS is revising the
definition of Subarea 2A–1 at 50 CFR
300.61 to a more general description. At
50 CFR 300.64, NMFS is updating the
table to reflect a March 5, 2018, court
decision revising the western
boundaries of the U&A fishing areas for
the Quileute Indian Tribe and the
Quinault Indian Nation. United States v.
Washington, 2:09–sp–00001–RSM,
(W.D. Wash. March 5, 2018) (Order
Regarding Boundaries of Quinault and
Quileute U&As). The boundaries of
other U&A fishing areas are not affected
by this rulemaking. At 50 CFR
300.63(d), NMFS is removing crossreferences to specific section numbers
in IPHC regulations to prevent
inconsistency.
Incidental Halibut Retention in the
Sablefish Primary Fishery North of Pt.
Chehalis, WA
The 2020 Catch Sharing Plan allows
incidental halibut retention in the
sablefish primary fishery north of Pt.
Chehalis, WA, when the Washington
recreational catch limit is 214,110 lb
(101.7 mt) or greater, provided that a
minimum of 10,000 lb (4.5 mt) is
available. The Area 2A catch limit for
2020 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention
in the sablefish primary fishery, which
is the maximum amount that may be
allocated to the sablefish fishery when
the catch limit is 1,500,000 lb (680.4 mt)
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128,187
62,896
18,450
271,592
8,000
39,000
Metric tons
58.1
28.5
8.4
123.2
3.6
17.7
or more. This limit was adopted as part
of the rule published March 13, 2020
(85 FR 14586), and as shown in Table
1. Incidental halibut landing restrictions
in the sablefish fishery are
recommended by the Council and
implemented in the groundfish
regulations at 50 CFR 660.231(b)(3)(iv).
2020 Recreational Fishery Management
Measures
The annual domestic management
measures are published each year
through a final rule under NMFS’
authority to implement the Halibut
Convention (50 CFR 300.62). For the
2020 fishing season, the final rule for
the commercial fisheries, IPHC
regulations, and catch limits was
published on March 13, 2020 (85 FR
14586). The section numbers below
correspond to IPHC regulation sections
in the March 13, 2020, final rule.
NMFS is adopting recreational fishery
management measures, including
season dates that are necessary to
implement the Council’s recommended
Catch Sharing Plan in 2020. The Catch
Sharing Plan includes a framework for
setting fishing open days by subarea,
and each state submits final
recommended season dates annually.
While this rule implements most season
dates as recommended by the Council,
some season dates for the State of
Washington are different from the
proposed rule, in response to measures
enacted due to the COVID–19
pandemic. With the exception of some
Washington season dates, the
recreational fishing regulations for Area
2A are consistent with the measures
adopted by the IPHC and approved by
the Secretary of State, but were
developed in part by the Council and
promulgated by the United States under
the Halibut Act.
At the time of the publication of this
rule, in response to the spread of
COVID–19, there are certain measures in
place in the State of Washington that
would inhibit the accurate monitoring
of the quota allocations implemented
through this action. Accurate
monitoring and catch accounting of the
overall Area 2A allocation, as well
subarea allocations, is important for the
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Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
conservation and management of Pacific
halibut and maintaining the intended
fishing opportunity provided by this
rule. Specifically, State port samplers
are currently not being deployed to
collect catch information on recreational
landings, and data collected by these
samplers is necessary to track the state
and subarea catch allocations and
prevent overages. At the time of this
publication, Washington has announced
that it anticipates keeping this
restriction in place through May 4,
2020. Based on this information, NMFS
has determined that it is necessary to
implement an opening season date in
Washington State subareas such that the
season will start on the next proposed
open day after May 4, 2020. For
Washington subareas, the first open date
is May 7, 2020. The largest difference in
these dates compared to what was
proposed is for the Puget Sound
subarea. Initially, the Puget Sound
subarea was proposed to open April 16,
2020, which would have been two
weeks earlier than the May 2, 2019,
opening. In 2018, Washington fisheries
opened statewide May 11, therefore this
change does not result in a major
difference compared with previous
years’ opening dates.
State measures being put in place as
a result of the COVID–19 pandemic are
fluid, and it may be necessary to further
modify the opening dates or respond to
a decrease in catch monitoring in other
subareas within Washington State, or
California and Oregon shortly after the
publication of this final rule. Any such
change will be announced on the NMFS
hotline at (206) 526–6667 or 800–662–
9825. NMFS is closely monitoring this
situation and coordinating with all three
of the West Coast state fish and wildlife
agencies, so that we can meet
conservation needs while also providing
fishing opportunity.
This rule provides specific
regulations, as referred to in paragraph
(7) of the 2020 IPHC regulations under
the heading, ‘‘Recreational (Sport)
Fishing for Pacific Halibut—IPHC
Regulatory Area 2A’’:
(8) The sport fishing subareas,
subquotas, fishing dates, and daily bag
limits are as follows, except as modified
by an inseason action consistent with 50
CFR 300.63(c). All sport fishing in Area
2A is managed on a ‘‘port of landing’’
basis, whereby any halibut landed into
a port counts toward the quota for the
area in which that port is located, and
the regulations governing the area of
landing apply, regardless of the specific
area of catch.
(a) The quota for the area in Puget
Sound and the U.S. waters in the Strait
of Juan de Fuca, east of a line extending
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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 pounds (35.18 mt).
(i) The fishing seasons are:
(A) For the area in Puget Sound and
the U.S. waters in the Strait of Juan de
Fuca, east of a line at approximately
123°49.60′ W long., fishing is open May
7–9, 14–16, 22–24, 28–30; June 4–6, 11–
13, 18–20, and 25–27, or until there is
not sufficient quota for another full day
of fishing and the area is closed by the
Commission. Any closure will be
announced on the NMFS hotline at
(206) 526–6667 or 800–662–9825.
(B) For the area in U.S. waters in the
Strait of Juan de Fuca, approximately
between 124°23.70′ W long. and
123°49.60′ W long., fishing is open May
7, 9, 14, 16, 22, 23, 24, 28–30; June 4–
6, 11–13, 18–20, and 25–27, or until
there is not sufficient quota for another
full day of fishing and the area is closed
by the Commission. Any closure will be
announced on the NMFS hotline at
(206) 526–6667 or 800–662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
(b) The quota for landings into ports
in the area off the north Washington
coast, west of the line described in
paragraph (2)(a) of section 26 and north
of the Queets River (47°31.70′ N lat.)
(North Coast subarea), is 128,187
pounds (58.14 mt).
(i) The fishing seasons are:
(A) Fishing is open May 7, 9, 14, 16,
22, 24, 28, 30; June 4, 6, 11, 13, 18, 20,
25, and 27, or until there is not
sufficient quota for another full day of
fishing and the area is closed by the
Commission. Any closure will be
announced on the NMFS hotline at
(206) 526–6667 or 800–662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Recreational fishing for
groundfish and halibut is prohibited
within the North Coast Recreational
Yelloweye Rockfish Conservation Area
(YRCA). It is unlawful for recreational
fishing vessels to take and retain,
possess, or land halibut taken with
recreational gear within the North Coast
Recreational YRCA. A vessel fishing
with recreational gear in the North Coast
Recreational YRCA may not be in
possession of any halibut. Recreational
vessels may transit through the North
Coast Recreational YRCA with or
without halibut on board. The North
Coast Recreational YRCA is a C-shaped
area off the northern Washington coast
intended to protect yelloweye rockfish.
The North Coast Recreational YRCA is
defined in groundfish regulations at 50
CFR 660.70(b).
(c) The quota for landings into ports
in the area between the Queets River,
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25319
WA (47°31.70′ N lat.), and Leadbetter
Point, WA (46°38.17′ N lat.)(South Coast
subarea), is 62,896 pounds (28.53 mt).
(i) This subarea is divided between
the all-depth fishery (the Washington
South coast primary fishery), and the
incidental nearshore fishery in the area
from 47°31.70′ N lat. south to 46°58.00′
N lat. and east of a boundary line
approximating the 30-fm (55-m) depth
contour. This area is defined by straight
lines connecting all of the following
points in the order stated as described
by the following coordinates (the
Washington South coast, northern
nearshore area):
(1) 47°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 7, 10, 14, 17, 21; June 18, 21, 25,
and 28, or until there is not sufficient
quota for another full day of fishing and
the area is closed by the Commission.
Any closure will be announced on the
NMFS hotline at (206) 526–6667 or 800–
662–9825. If sufficient quota remains,
the fishing season in the nearshore area
commences the Saturday subsequent to
the closure of the primary fishery and
continues 7 days per week until 62,896
pounds (28.53 mt) is projected to be
taken by the two fisheries combined and
the fishery is closed by the Commission
or September 30, whichever is earlier. If
the fishery is closed prior to September
30, and there is insufficient quota
remaining to reopen the northern
nearshore area for another fishing day,
then any remaining quota may be
transferred inseason to another
Washington coastal subarea by NMFS.
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Seaward of the boundary line
approximating the 30-fm (55-m) depth
contour and during days open to the
primary fishery, lingcod may be taken,
retained and possessed when allowed
by groundfish regulations at 50 CFR
660.360.
(iv) Recreational fishing for
groundfish and halibut is prohibited
within the South Coast Recreational
YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing
vessels to take and retain, possess, or
land halibut taken with recreational gear
within the South Coast Recreational
YRCA and Westport Offshore YRCA. A
vessel fishing in the South Coast
Recreational YRCA and/or Westport
Offshore YRCA may not be in
possession of any halibut. Recreational
vessels may transit through the South
Coast Recreational YRCA and Westport
Offshore YRCA with or without halibut
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Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Rules and Regulations
on board. The South Coast Recreational
YRCA and Westport Offshore YRCA are
areas off the southern Washington coast
established to protect yelloweye
rockfish. The South Coast Recreational
YRCA is defined at 50 CFR 660.70(e).
The Westport Offshore YRCA is defined
at 50 CFR 660.70(f).
(d) The quota for landings into ports
in the area between Leadbetter Point,
WA (46°38.17′ N lat.), and Cape Falcon,
OR (45°46.00′ N lat.)(Columbia River
subarea), is 18,450 pounds (8.37 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 40fm (73-m) depth contour in Oregon. The
nearshore fishery opens May 4, and
continues on Monday, Tuesday, and
Wednesday each week until the
nearshore allocation is taken, or
September 30, whichever is earlier. The
all-depth fishing season is open April
30; May 3, 7, 10, 14, 17, 21, 28, 31; June
4, 7, 11, 14, 18, 21, 25, and 28, or until
there is not sufficient quota for another
full day of fishing and the area is closed
by the Commission, or September 30,
whichever is earlier. Any closure will be
announced on the NMFS hotline at
(206) 526–6667 or 800–662–9825.
Subsequent to this closure, if there is
insufficient quota remaining in the
Columbia River subarea for another
fishing day, then any remaining quota
may be transferred inseason to another
Washington and/or Oregon subarea by
NMFS. Any remaining quota would be
transferred to each state in proportion to
its contribution.
(ii) The daily bag limit is one halibut
of any size per day per person.
(iii) Pacific Coast groundfish may not
be taken and retained, possessed or
landed when halibut are on board the
vessel, except sablefish, Pacific cod,
flatfish species, and lingcod caught
north of the Washington-Oregon border
during the recreational halibut fishery,
when allowed by Pacific Coast
groundfish regulations, during days
open to the all-depth fishery only.
(iv) Taking, retaining, possessing, or
landing halibut on groundfish trips is
only allowed in the nearshore area on
days not open to all-depth Pacific
halibut fisheries.
(e) The quota for landings into ports
in the area off Oregon between Cape
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Falcon (45°46.00′ N lat.) and Humbug
Mountain (42°40.50′ N lat.) (Oregon
Central Coast subarea), is 271,592
pounds (123.19 mt).
(i) The fishing seasons are:
(A) The first season (the ‘‘inside 40–
fm’’ fishery) commences May 1, and
continues 7 days a week, in the area
shoreward of a boundary line
approximating the 40–fm (73–m) depth
contour, or until the sub-quota for the
central Oregon ‘‘inside 40–fm’’ fishery
of 32,591 pounds (14.8 mt), or any
inseason revised subquota, is estimated
to have been taken and the season is
closed by the Commission, or October
31, whichever is earlier. The boundary
line approximating the 40–fm (73–m)
depth contour between 45°46.00′ N lat.
and 42°40.50′ N lat. is defined at
§ 660.71(o).
(B) The second season (spring season),
which is for the ‘‘all-depth’’ fishery, is
open May 14, 15, 16; 21, 22, 23; 28, 29,
30; June 11, 12, 13; 18, 19, 20; and July
9, 10, 11. The allocation to the all-depth
fishery is 171,103 pounds (77.6 mt). If
sufficient unharvested quota remains for
additional fishing days, the season will
re-open July 23, 24, 25. Notice of the reopening will be announced on the
NMFS hotline (206) 526–6667 or (800)
662–9825.
(C) The third season (summer season),
which is for the ‘‘all-depth’’ fishery, will
be August 6, 7, 8; 20, 21, 22; September
3, 4, 5; 17, 18, 19; October 1, 2, 3; 15,
16, 17; 29, 30, 31; and will continue
until the combined spring season and
summer season quotas in the area
between Cape Falcon and Humbug
Mountain, Oregon, are estimated to have
been taken and the area is closed by the
Commission. NMFS will announce on
the NMFS hotline in July whether the
fishery will re-open for the summer
season in August. Additional fishing
days may be opened if sufficient quota
remains after the last day of the first
scheduled open period. If, after this
date, an amount greater than or equal to
60,000 lb (27.2 mt) remains in the
combined all-depth and inside 40–fm
(73–m) quota, the fishery may re-open
every Thursday, Friday and Saturday,
beginning August 6, 7, and 8, and
ending when there is insufficient quota
remaining, whichever is earlier. If after
September 8, an amount greater than or
equal to 30,000 lb (13.6 mt) remains in
the combined all-depth and inside 40–
fm (73–m) quota, and the fishery is not
already open every Thursday, Friday
and Saturday, the fishery may re-open
every Thursday, Friday and Saturday,
beginning September 10, 11, and 12,
and ending October 31. After September
8, the bag limit may be increased to two
fish of any size per person, per day.
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NMFS will announce on the NMFS
hotline whether the summer all-depth
fishery will be open on such additional
fishing days, what days the fishery will
be open and what the bag limit is.
(ii) The daily bag limit is one halibut
of any size per day per person, unless
otherwise specified. NMFS will
announce on the NMFS hotline any bag
limit changes.
(iii) During days open to all-depth
halibut fishing when the groundfish
fishery is restricted by depth, no
groundfish may be taken and retained,
possessed or landed, when halibut are
on board the vessel, except sablefish,
Pacific cod, and flatfish species, when
allowed by groundfish regulations, if
halibut are onboard the vessel. During
days open to all-depth halibut fishing
when the groundfish fishery is open to
all depths, any groundfish species
permitted under the groundfish
regulations may be retained, possessed
or landed if halibut are on board the
vessel. During days open to nearshore
halibut fishing, flatfish species may be
taken and retained seaward of the
seasonal groundfish depths restrictions,
if halibut are on board the vessel.
(iv) When the all-depth halibut
fishery is closed and halibut fishing is
permitted only shoreward of a boundary
line approximating the 40–fm (73–m)
depth contour, halibut possession and
retention by vessels operating seaward
of a boundary line approximating the
40–fm (73–m) depth contour is
prohibited.
(v) Recreational fishing for groundfish
and halibut is prohibited within the
Stonewall Bank YRCA. It is unlawful for
recreational fishing vessels to take and
retain, possess, or land halibut taken
with recreational gear within the
Stonewall Bank YRCA. A vessel fishing
in the Stonewall Bank YRCA may not
possess any halibut. Recreational
vessels may transit through the
Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank
YRCA is an area off central Oregon, near
Stonewall Bank, intended to protect
yelloweye rockfish. The Stonewall Bank
YRCA is defined at § 660.70(g).
(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 8,000
pounds (3.63 mt).
(i) The fishing season commences on
May 1, and continues 7 days per week
until the subquota is taken, or October
31, whichever is earlier.
(ii) The daily bag limit is one halibut
per person with no size limit.
(iii) No Pacific Coast groundfish may
be taken and retained, possessed or
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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 pounds (17.69
mt).
(i) The fishing season will be open
May 1 through October 31, or until the
subarea quota is estimated to have been
taken and the season is closed by the
Commission, whichever is earlier.
NMFS will announce any closure by the
Commission on the NMFS hotline (206)
526–6667 or (800) 662–9825.
(ii) The daily bag limit is one halibut
of any size per day per person.
Comments and Responses
NMFS accepted public comments on
the Council’s recommended
modifications to the 2020 Area 2A Catch
Sharing Plan and the resulting proposed
domestic fishing regulations through
March 9, 2020. NMFS received two
comments from State agencies– the
Oregon Department of Fish and Wildlife
(ODFW) and the California Department
of Fish and Wildlife (CDFW), and one
comment from a stakeholder.
Comment 1: ODFW submitted a
comment recommending final
recreational fishing season dates for the
2020 season for the Central Oregon
Coast subarea. ODFW hosted a public
meeting and an online survey following
the IPHC annual meeting. Based on
stakeholder input, past effort, and tides,
ODFW recommended season dates for
the spring and summer Central Coast
fisheries. For spring, fixed open dates
on May 14, 15, 16; May 21, 22, 23; May
28, 29, 30; June 11, 12, 13; June 18, 19,
20; and July 9, 10, 11. ODFW
recommended spring fishery backup
dates on July 23, 24, 25. ODFW
recommended summer fishery dates on
August 6, 7, 8; August 20, 21, 22;
September 3, 4, 5; September 17, 18,19;
October 1, 2, 3; October 15, 16, 17; and
October 29, 30, 31; or until the total
2020 all-depth catch limit for the
subarea is taken.
Response: NMFS concurs that the
ODFW-recommended season dates are
appropriate. There are a few differences
between the spring season dates NMFS
published in the proposed rule and
those recommended by ODFW.
However, ODFW surveyed their
stakeholders after the IPHC adopted the
catch limit for 2020 and considered
stakeholder input, past effort and tides
in making their recommendation. NMFS
has updated the recreational fishery
season dates off of Oregon to those
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recommended by ODFW in this final
rule.
Comment 2: CDFW submitted a
comment concurring with the season
dates NMFS published in the proposed
rule for the 2020 season. CDFW hosted
an online survey following the IPHC
annual meeting. Based on public
comments received on Pacific halibut
fisheries in California and fishing
performance in recent years, CDFW
recommended season dates of May 1–
October 31, or until quota has been
attained, whichever comes first.
Response: NMFS concurs that these
season dates are appropriate. The catch
limit for 2020 is the same as 2019, and
the California catch limit was not fully
attained last year with the same season
dates. NMFS affirms the recreational
fishery season dates off of California in
this final rule.
Comment 3: NMFS received one
public comment in support of approving
the 2020 Pacific Halibut Catch Sharing
Plan. This comment also suggested
further review of incidental catch and
fostering input from diverse groups of
stakeholders.
Response: NMFS concurs that
approving the 2020 Pacific Halibut
Catch Sharing Plan is appropriate. With
regards to the commenters’ concern
regarding the incidental catch
distribution and stakeholder opinion,
although NMFS believes in the accuracy
of the incidental catch and has made
various attempts, including taking
public comment on the proposed rule,
to gain insight on the public’s needs, we
will continue to review ways to ensure
these two areas are as accurate as
possible in the future.
Changes From the Proposed Rule
As described in the response to
Comment 1 above, NMFS changed
season dates off of Oregon in this final
rule.
NMFS is also implementing season
dates in the Washington subareas such
that the season will start on the next
proposed open day after May 4, 2020.
For Washington fisheries, the first open
date is May 7, 2020. The Puget Sound
subarea dates are the most different than
those proposed. An opening date of
April 16, 2020, was originally proposed
and would have resulted in the Puget
Sound fishery opening two weeks
earlier than previous years, in an
attempt to provide more angler
opportunity in an area that had low
attainment in 2019. The other
Washington subareas will have two
fewer fishing days than proposed and
would open around the same time as
previous years. Therefore this is not a
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significant change from previous years’
opening dates.
The decision to modify the opening
season date for Washington subareas is
a result of the various measures
currently in place associated with
Washington State’s ‘‘Stay Home, Stay
Healthy’’ order. Specifically, State port
samplers are currently not being
deployed to collect catch information on
recreational landings, and data collected
by these samplers is necessary to track
the state and subarea catch allocations
and prevent overages. At this time, it is
unclear when port sampling will
resume. WDFW has also closed all State
recreational fisheries through May 4,
2020. Therefore, unless that order is
revised, it is unlikely that samplers will
begin working before that date. The
situation due to the COVID–19
pandemic remains fluid. While it
appears there will not be port sampling
prior to May 5, 2020, port sampling is
carried out by the State and may be
revised quickly. It may therefore be
necessary to further modify the opening
dates or other fishing days for some
subareas shortly after the publication of
this final rule in response to changes in
State measures related to the spread of
COVID–19.
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the International Pacific
Halibut Commission (IPHC), the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council,
and the Secretary of Commerce. Section
5 of the Halibut Act (16 U.S.C. 773c)
allows the Regional Council having
authority for a particular geographical
area to develop regulations governing
the allocation and catch of halibut in
U.S. Convention waters as long as those
regulations do not conflict with IPHC
regulations. This action is consistent
with the Council’s authority to allocate
halibut catches among fishery
participants in the waters in and off
Washington, Oregon, and California.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is not an Executive Order 13771
regulatory action because this rule is not
significant under Executive Order
12866.
Pursuant to 5 U.S.C. 553(d)(1), a
thirty-day delay in effective date is not
applicable because these final
regulations for the 2020 Pacific halibut
fishing season relieve a restriction. The
2020 Catch Sharing Plan provides the
framework for the annual management
measures and subarea allocations based
on the 2020 Area 2A catch limit for
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Pacific halibut. These allocations are
based on the best available new
information on the population status of
Pacific halibut, determined at the
annual meeting of the IPHC held
February 3–7, 2020. Additionally, the
Washington Puget Sound subarea was
originally scheduled to be open April
16, 2020, two weeks earlier than in
2019, to allow more opportunity for
fishing and this rule implements
subarea allocations for that fishery. Due
to COVID–19, Washington has closed its
recreational fisheries and paused its
port sampling and catch accounting
program. Without catch data, there is no
way to track state and subarea landings
against the allocation to prevent
overages. NMFS is responding to the
Washington recreational fishing actions
by revising season dates in the
Washington subareas such that the
season will start on the next proposed
open day after May 4, 2020. The season
date being implemented in this action is
similar to season start dates in previous
years, when Washington had season
openers on May 2, 2019, and May 11,
2018. The recreational season for the
Columbia River subarea, beginning on
the soonest possible scheduled date
after April 30, 2020, is scheduled to take
place as proposed. A delay in the
effectiveness of this rule for a full thirty
days would result in delayed openings
for these fisheries rather than on the
dates the affected public are expecting.
Additionally, there is good cause
under 5 U.S.C. 553(d)(3) to ensure these
regulations are effective immediately
upon publication. The Council’s 2020
Catch Sharing Plan approved in this
rule includes changes that respond to
the needs of the fisheries in Washington
and Oregon, including fisheries that
begin on the soonest possible scheduled
date after April 30, 2020. In 2019, the
recreational fisheries in Washington,
Oregon, and California did not achieve
their full quotas as in previous years.
The Council recommended changes to
the Catch Sharing Plan to allow fisheries
in Washington and Oregon to open up
earlier and remain open more days per
week, as well as transfer quota from
Southern Oregon to the Columbia River
subarea in years with a high catch limit.
Delaying the effective date of this rule
beyond April 30, 2020, would be
contrary to the public interest because,
without these changes, fishing
opportunity is lost, potentially causing
economic harm to communities at sport
fishing ports. Washington season dates
published in the proposed rule were
revised in the final rule from mid-April
to early May. The Columbia River
subarea is still scheduled to be open on
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the soonest possible scheduled date
after April 30, and Oregon and
California fisheries are still scheduled to
be open May 1. Additionally, the season
dates in this rule are specific to 2020
according to the Catch Sharing Plan
framework. Without the publication of
this rule, the 2019 season dates would
remain in place, and would not occur
on the days of the week specified in the
Catch Sharing Plan.
Therefore, allowing the 2019 Catch
Sharing Plan to remain in place would
not respond to the needs of the fishery
and would be in conflict with the
Council’s final recommendation for
2020. A thirty-day delay in effectiveness
could cause economic harm to the
associated fishing communities by
reducing fishing opportunity at the start
of the fishing year. As a result of the
potential harm to fishing communities
that could be caused by delaying the
effectiveness of this final rule, NMFS
finds good cause to make this rule
effective upon publication in the
Federal Register.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis
(FRFA) was prepared. The FRFA
incorporates the IRFA, a summary of the
significant issues raised by the public
comments in response to the IRFA, and
NMFS responses to those comments,
and a summary of the analyses
completed to support the action. A
summary of the analysis follows.
A statement of the significant issues
raised by the public comments in
response to the IRFA, a statement of the
assessment of the agency of such issues,
and a statement of any changes made in
the proposed rule as a result of such
comments.
There were no issues raised about the
IRFA in the public comments.
The response of the agency to any
comments filed by the Chief Counsel for
Advocacy in response to the proposed
rule, and a detailed statement of any
change made to the proposed rule in the
final rule as a result of the comments.
There were no comments filed by the
Chief Counsel for Advocacy.
Statement of the Objectives of, and
Legal Basis for, the Final Rule
The Halibut Act gives the Secretary of
Commerce responsibility for
implementing the provisions of the
Halibut Convention between the United
States and Canada. The Halibut Act
requires that the Secretary adopt
regulations to carry out the purposes
and objectives of the Halibut
Convention and Halibut Act. The
Halibut Act also authorizes the regional
fishery management councils to develop
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regulations in addition to, but not in
conflict with, regulations of the IPHC to
govern the Pacific halibut catch in their
corresponding U.S. Convention waters.
The Council’s main management
objective for the Pacific halibut fishery
in Area 2A is to manage fisheries to
remain within the catch limit for Area
2A.
A second objective is to allow the
recreational (sport) fishery to target
halibut in the manner that is
appropriate to meet the conservation
requirements for species that co-occur
with Pacific halibut. A third objective is
to meet the needs of fishery participants
in particular fisheries and fishing areas.
A Description and, Where Feasible,
Estimate of the Number of Small
Entities to Which the Final Rule Applies
This action revises the recreational
Pacific halibut fishery management
measures, such as season dates and
some catch limits that are set in NMFS
regulations. This rule opens the
recreational fishery with 2020 season
dates and subarea allocations, impacting
charter boats, anglers, and businesses
relying on sport fishing across all of
Area 2A. This rule also makes changes
to the sport fishing sector of the Catch
Sharing Plan for the halibut fishery,
impacting participants in the
recreational Washington and Oregon
subareas. Therefore, this rule may affect
some charterboat operations in Area 2A.
Previous analyses determined that
charterboats are small businesses (see 77
FR 5477 (February 3, 2012) and 76 FR
2876 (January 18, 2011)). Charter fishing
operations are classified under NAICS
code, 487210, with a corresponding
Small Business Association size
standard of $7.5 million in annual
receipts. No commercial fishing entities
are directly affected by this rule.
In 2019, the IPHC issued 84 licenses
to the charterboat fleet. NMFS estimates
there are 47 licensed charterboats in
Washington, and 26 in Oregon. Recent
information on charterboat activity is
not available, but prior analysis
indicated that 60 percent of the IPHC
charterboat license holders (around 50
vessels) may be affected by these
regulations. Private vessels used for
recreational fishing are not businesses
and are therefore not subject to the RFA.
Reporting, Record-Keeping, and Other
Compliance Requirements
The changes to the Catch Sharing Plan
and domestic management measures do
not include any new reporting or
recordkeeping requirements.
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Federal Rules That May Duplicate,
Overlap or Conflict With the Final Rule
There are no relevant Federal rules
that may duplicate, overlap, or conflict
with this action.
Description and Estimate of Economic
Effects on Entities, by Entity Size and
Industry
The major effect of halibut
management on small entities will be
from the catch limit decisions made by
the IPHC, a decision independent from
this action. This action implements
management measures including season
dates and bag limits for the recreational
fishery, and makes minor changes to the
Catch Sharing Plan to provide increased
recreational opportunities under the
allocations that result from the Area 2A
catch limit. The changes to the Catch
Sharing Plan are considered minor, with
minimal economic effects.
A Description of, and an Explanation of
the Basis for, Assumptions Used
In the description of the entities
affected, estimates of the amount of
charterboat activity from the number of
licensed vessels were based on a 2004
report by the Pacific States Marine
Fisheries Commission. This report has
not been updated and the number of
entities is assumed to be similar.
Description of any Significant
Alternatives to the Final Rule That
Accomplish the Stated Objectives of
Applicable Statutes and That Minimize
any Significant Economic Impact of the
Rule on Small Entities
The status quo alternative of not
implementing management measures,
such as season dates and bag limits, or
revising the Catch Sharing Plan would
not achieve the objectives and
requirements of the Convention and
Halibut Act, specifically conserving
Pacific halibut and allocating quota
equitably. Without establishing 2020
season dates and subarea allocations,
there would be a significant economic
impact on the entire recreational sector,
including charter boats. When
considered with the management
measures, the changes to the Catch
Sharing Plan have minimal effect on the
fishery and there are no other additional
significant alternatives that further
minimize the impact of the rule on
small entities while achieving the goals
and objectives of the Convention and
Halibut Act. In addition, these
management measures and Catch
Sharing Plan changes were proposed by
stakeholders to address the needs of the
fisheries, and, as explained above, the
changes are not expected to have a
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significant economic impact on a
substantial number of small entities.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a public notice to
fishery participants that also serves as a
small entity compliance guide (the
guide) was prepared. Copies of this final
rule are available from the West Coast
Regional Office, and the guide, i.e.,
public notice, will be sent to all
stakeholders on the email listserv for the
groundfish fishery, and posted to the
West Coast groundfish and halibut web
pages. The guide and this final rule will
be available upon request.
A copy of this analysis is available
from NMFS (see ADDRESSES).
This rule was developed after
meaningful consultation and
collaboration with the tribal
representative on the Council, pursuant
to Executive Order 13175.
The U.S. Government formally
recognizes that the 13 Washington
Tribes have treaty rights to fish for
Pacific halibut. In general terms, the
quantification of those rights is 50
percent of the harvestable surplus of
Pacific halibut available in the tribes’
usual and accustomed fishing areas
(described at 50 CFR 300.64). Each of
the treaty tribes has the discretion to
administer their fisheries and to
establish their own policies to achieve
program objectives. Accordingly, tribal
allocations and regulations, including
the changes to the Catch Sharing Plan,
have been developed in consultation
with the affected tribe(s) and, insofar as
possible, with tribal consensus.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports,
Indians, Labeling, Marine resources,
Reporting and recordkeeping
requirements, Russian Federation,
Transportation, Treaties, Wildlife.
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Dated: April 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300, subpart E,
is amended as follows:
PART 300–INTERNATIONAL
FISHERIES REGULATIONS
Subpart E—Pacific Halibut Fisheries
1. The authority citation for part 300,
subpart E, continues to read as follows:
■
Authority: 16 U.S.C. 773–773k.
2, In § 300.61, revise the definition of
‘‘Subarea 2A–1’’ to read as follows:
■
§ 300.61
Definitions.
*
*
*
*
*
Subarea 2A–1 includes the usual and
accustomed fishing areas for Pacific
Coast treaty tribes off the coast of
Washington and all inland marine
waters of Washington north of Point
Chehalis (46°53.30′ N lat.), including
Puget Sound. Boundaries of a tribe’s
fishing area may be revised as ordered
by a Federal court.
*
*
*
*
*
■ 3. In § 300.63, revise paragraph (d) to
read as follows:
§ 300.63 Catch sharing plan and domestic
management measures in area 2A.
*
*
*
*
*
(d) Fishery Election in Area 2A. (1) A
vessel that fishes in Area 2A may
participate in only one of the following
three fisheries in Area 2A:
(i) The sport fishery established in the
annual domestic management measures
and International Pacific Halibut
Commission (IPHC) regulations and
defined at § 300.61;
(ii) The commercial directed fishery
for halibut during the fishing period(s)
established in the annual domestic
management measures and IPHC
regulations and/or the incidental
retention of halibut during the sablefish
primary fishery described at 50 CFR
660.231; or
(iii) The incidental catch fishery
during the salmon troll fishery as
authorized in the annual domestic
management measures and IPHC
regulations.
(2) No person shall fish for halibut in
the sport fishery in Area 2A under the
annual domestic management measures
and IPHC regulations, from a vessel that
has been used during the same calendar
year for commercial halibut fishing in
Area 2A, or that has been issued a
permit for the same calendar year for the
commercial halibut fishery in Area 2A.
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(3) No person shall fish for halibut in
the directed commercial halibut fishery
during the fishing periods established in
the annual domestic management
measures and IPHC regulations, and/or
retain halibut incidentally taken in the
sablefish primary fishery in Area 2A
from a vessel that has been used during
the same calendar year for the
incidental catch fishery during the
salmon troll fishery, as authorized in the
annual domestic management measures
and IPHC regulations.
(4) No person shall fish for halibut in
the directed commercial halibut fishery
and/or retain halibut incidentally taken
in the sablefish primary fishery in Area
2A from a vessel that, during the same
calendar year, has been used in the
sport halibut fishery in Area 2A or that
is licensed for the sport charter halibut
fishery in Area 2A.
(5) No person shall retain halibut in
the salmon troll fishery in Area 2A as
authorized under the annual domestic
management measures and IPHC
regulations, taken on a vessel that,
during the same calendar year, has been
used in the sport halibut fishery in Area
2A, or that is licensed for the sport
charter halibut fishery in Area 2A.
(6) No person shall retain halibut in
the salmon troll fishery in Area 2A as
authorized under the annual domestic
management measures and IPHC
regulations, taken on a vessel that,
during the same calendar year, has been
used in the directed commercial halibut
fishery during the fishing periods
established in the annual domestic
management measures and IPHC
regulations, and/or retained halibut
incidentally taken in the sablefish
primary fishery for Area 2A or that is
licensed to participate in these
commercial fisheries during the fishing
periods established in the annual
domestic management measures and
IPHC regulations in Area 2A.
*
*
*
*
*
■ 4. In § 300.64, revise paragraph (i) to
read as follows:
§ 300.64
tribes.
Fishing by U.S. treaty Indian
*
*
*
*
*
(i) Table 1 to this paragraph (i) sets
forth the fishing areas of each of the 13
treaty Indian tribes fishing pursuant to
this section. Within subarea 2A–1,
boundaries of a tribe’s fishing area may
be revised as ordered by a Federal court.
TABLE 1 TO PARAGRAPH (i)
Tribe
Boundaries
HOH ................................................
The area between 47°54.30′ N lat. (Quillayute River) and 47°21.00′ N lat. (Quinault River) and east of
125°44.00′ W long.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 626 F. Supp. 1486, to be places at which the Jamestown S’Klallam
Tribe may fish under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443, to be places at
which the Lower Elwha S’Klallam Tribe may fish under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 384 F. Supp. 360, as modified in Subproceeding No. 89–08 (W.D.
Wash., February 13, 1990) (decision and order re: cross-motions for summary judgement), to be places
at which the Lummi Tribe may fish under rights secured by treaties with the United States.
The area north of 48°02.25′ N lat. (Norwegian Memorial) and east of 125°44.00′ W long.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash. 1974), and particularly at 459 F. Supp. 1049, to be places at which the Nooksack Tribe may fish
under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port Gamble S’Klallam
Tribe may fish under rights secured by treaties with the United States.
The area commencing at Cape Alava, located at 48°10′00″ N lat, 124°43′56.9″ W long.; then proceeding
west approximately 40 nautical miles at that latitude to a northwestern point located at 48°10′00″ N lat,
125°44′00″ W long.; then proceeding in a southeasterly direction mirroring the coastline at a distance no
farther than 40 nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 47°31′42″ N lat., 125°20′26″ W long.; then proceeding east along that line of latitude to
the Pacific coast shoreline at 47°31′42″ N lat., 124°21′9.0″ W long.
The area commencing at the Pacific coast shoreline near Destruction Island, located at 47°40′06″ N lat.,
124°23′51.362″ W long.; then proceeding west approximately 30 nautical miles at that latitude to a northwestern point located at 47°40′06″ N lat., 125°08′30″ W long.; then proceeding in a southeasterly direction mirroring the coastline no farther than 30 nautical miles from the mainland Pacific coast shoreline at
any line of latitude, to a southwestern point at 46°53′18″ N lat., 124°53′53″ W long.; then proceeding
east along that line of latitude to the Pacific coast shoreline at 46°53′18″ N lat., 124°7′36.6″ W long.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may fish
under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may
fish under rights secured by treaties with the United States.
JAMESTOWN S’KLALLAM .............
LOWER ELWHA S’KLALLAM ........
LUMMI .............................................
MAKAH ...........................................
NOOKSACK ....................................
PORT GAMBLE S’KLALLAM .........
QUILEUTE ......................................
QUINAULT ......................................
SKOKOMISH ..................................
SUQUAMISH ..................................
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25325
TABLE 1 TO PARAGRAPH (i)—Continued
Tribe
Boundaries
SWINOMISH ...................................
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may
fish under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D.
Wash., 1974), and particularly at 626 F. Supp. 1531–1532, to be places at which the Tulalip Tribe may
fish under rights secured by treaties with the United States.
TULALIP ..........................................
[FR Doc. 2020–09231 Filed 4–30–20; 8:45 am]
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]]>Agencies
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25317-25325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09231]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 200427-0121]
RIN 0648-BJ39
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements the Pacific Halibut Catch Sharing
Plan for the International Pacific Halibut Commission's regulatory Area
2A off Washington, Oregon, and California. In addition, this final rule
implements management measures that are not implemented through the
International Pacific Halibut Commission. These measures include the
recreational fishery seasons and allocations, and other management
measures for Area 2A, including some season dates that are different
than proposed. This rule also announces that it may be necessary to
further modify the opening dates or other fishing days for some
subareas shortly after the publication of this final rule, in response
to changes in state measures related to the spread of COVID-19. These
actions are intended to conserve Pacific halibut and provide angler
opportunity where available.
DATES: This rule is effective on April 30, 2020.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 97232. For
information regarding all halibut fisheries and general regulations not
contained in this rule, contact the International Pacific Halibut
Commission, 2320 W. Commodore Way, Suite 300, Seattle, WA 98199-1287.
Electronic copies of the Regulatory Impact Review (RIR) and Final
Regulatory Flexibility Analysis (FRFA) prepared for this action may be
obtained by contacting Kathryn Blair, phone: 503-231-6858, email:
[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 (Secretary) responsibility for implementing the
provisions of the Halibut Convention between the United States and
Canada. 16 U.S.C. 773-773k. The Halibut Act requires that the Secretary
adopt regulations to carry out the purposes and objectives of the
Halibut Convention and Halibut Act 16 U.S.C. 773(c). The Halibut Act
also authorizes the regional fishery management councils to develop
regulations in addition to, but not in conflict with, regulations of
the International Pacific Halibut Commission (IPHC) to govern the
Pacific halibut catch in their corresponding U.S. Convention waters (16
U.S.C. 773c(c)).
At its annual meeting in February 2020, the IPHC recommended an
Area 2A catch limit of 1,500,000 pounds (lb) (680.4 metric tons (mt))
for 2020. This catch limit is derived from the total constant
exploitation yield (TCEY) of 1,650,000 lb (748.4 mt), which includes
commercial discards and bycatch estimates calculated using a formula
developed by the IPHC. The table below shows the fishery and subarea
allocations resulting from the framework described in the 2020 Area 2A
Catch Sharing Plan.
Table 1--Area 2A Catch Limit and Fishery Subarea Allocations for 2020
------------------------------------------------------------------------
Pounds Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................ 1,650,000 748.4
Area 2A Catch Limit..................... 1,500,000 680.4
Tribal commercial fishery............... 492,800 223.5
Incidental commercial catch during 70,000 31.8
sablefish fishery......................
Non-tribal directed commercial fishery.. 254,426 115.4
Incidental commercial catch during 44,899 20.4
salmon troll fishery...................
Washington recreational fishery--Puget 77,550 35.2
Sound..................................
[[Page 25318]]
Washington recreational fishery--North 128,187 58.1
Coast..................................
Washington recreational fishery--South 62,896 28.5
Coast..................................
Columbia River recreational fishery..... 18,450 8.4
Oregon recreational fishery--Central 271,592 123.2
Oregon.................................
Oregon recreational fishery--Southern 8,000 3.6
Oregon.................................
California recreational fishery......... 39,000 17.7
------------------------------------------------------------------------
The Area 2A catch limit, tribal commercial fishery allocation, and
commercial fishery allocations are adopted by the IPHC and were
published in the Federal Register on March 13, 2020 (85 FR 14586) after
acceptance by the Secretary of State in accordance with 50 CFR 300.62.
Since 1988, NMFS has implemented annual Catch Sharing Plans that
allocate the IPHC regulatory Area 2A Pacific halibut catch limit
between treaty Indian and non-Indian harvesters, and among non-Indian
commercial and recreational (sport) fisheries. The Pacific Fishery
Management Council (Council) develops Catch Sharing Plans in accordance
with the Halibut Act. In 1995, the Council recommended, and NMFS
approved and implemented a long-term Area 2A Catch Sharing Plan (60 FR
14651; March 20, 1995). NMFS has been implementing adjustments to the
Area 2A Catch Sharing Plan based on Council recommendations each year
to address the changing needs of these fisheries. While the full Catch
Sharing Plan is not published in the Federal Register, it is made
available on the Council and NMFS websites.
This rule adopts the Council's recommended changes to the Catch
Sharing Plan for IPHC regulatory Area 2A, which affect only the
recreational fishery. The Catch Sharing Plan changes provide more
opportunities for anglers in Washington and Oregon by remaining open
more days per week, opening up to one month earlier, and transferring
quota to the Columbia River from the Southern Oregon subarea in years
with a high catch limit. Details of these changes are described in the
proposed rule and are not repeated here.
In addition, this rule implements the recreational Pacific halibut
fishery management measures, such as season dates and some catch
limits, set in NMFS regulations and described in the proposed rule (85
FR 6883; February 6, 2020). These management measures are detailed in
the Council's recommended Catch Sharing Plan and were developed through
the Council's public process. This rule implements most of the 2020
dates for the recreational fisheries consistent with the Council's
recommendations as well as recommendations from Oregon, Washington, and
California that were received either during the Council process or
during the comment period for the proposed rule. However, this rule
implements season dates different from the proposed rule for the State
of Washington, in response to measures enacted due to the COVID-19
pandemic.
Regulatory Changes
This rule also revises some provisions of the regulations at 50 CFR
part 300, subpart E, for clarity and consistency. Regulations at 50 CFR
300.61 and 300.64 describe the usual and accustomed (U&A) fishing areas
of Indian tribes with treaty fishing rights to Pacific halibut. NMFS is
revising the definition of Subarea 2A-1 at 50 CFR 300.61 to a more
general description. At 50 CFR 300.64, NMFS is updating the table to
reflect a March 5, 2018, court decision revising the western boundaries
of the U&A fishing areas for the Quileute Indian Tribe and the Quinault
Indian Nation. United States v. Washington, 2:09-sp-00001-RSM, (W.D.
Wash. March 5, 2018) (Order Regarding Boundaries of Quinault and
Quileute U&As). The boundaries of other U&A fishing areas are not
affected by this rulemaking. At 50 CFR 300.63(d), NMFS is removing
cross-references to specific section numbers in IPHC regulations to
prevent inconsistency.
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, WA
The 2020 Catch Sharing Plan allows incidental halibut retention in
the sablefish primary fishery north of Pt. Chehalis, WA, when the
Washington recreational catch limit is 214,110 lb (101.7 mt) or
greater, provided that a minimum of 10,000 lb (4.5 mt) is available.
The Area 2A catch limit for 2020 is great enough to allow 70,000 lb
(31.8 mt) for incidental halibut retention in the sablefish primary
fishery, which is the maximum amount that may be allocated to the
sablefish fishery when the catch limit is 1,500,000 lb (680.4 mt) or
more. This limit was adopted as part of the rule published March 13,
2020 (85 FR 14586), and as shown in Table 1. Incidental halibut landing
restrictions in the sablefish fishery are recommended by the Council
and implemented in the groundfish regulations at 50 CFR
660.231(b)(3)(iv).
2020 Recreational Fishery Management Measures
The annual domestic management measures are published each year
through a final rule under NMFS' authority to implement the Halibut
Convention (50 CFR 300.62). For the 2020 fishing season, the final rule
for the commercial fisheries, IPHC regulations, and catch limits was
published on March 13, 2020 (85 FR 14586). The section numbers below
correspond to IPHC regulation sections in the March 13, 2020, final
rule.
NMFS is adopting recreational fishery management measures,
including season dates that are necessary to implement the Council's
recommended Catch Sharing Plan in 2020. The Catch Sharing Plan includes
a framework for setting fishing open days by subarea, and each state
submits final recommended season dates annually. While this rule
implements most season dates as recommended by the Council, some season
dates for the State of Washington are different from the proposed rule,
in response to measures enacted due to the COVID-19 pandemic. With the
exception of some Washington season dates, the recreational fishing
regulations for Area 2A are consistent with the measures adopted by the
IPHC and approved by the Secretary of State, but were developed in part
by the Council and promulgated by the United States under the Halibut
Act.
At the time of the publication of this rule, in response to the
spread of COVID-19, there are certain measures in place in the State of
Washington that would inhibit the accurate monitoring of the quota
allocations implemented through this action. Accurate monitoring and
catch accounting of the overall Area 2A allocation, as well subarea
allocations, is important for the
[[Page 25319]]
conservation and management of Pacific halibut and maintaining the
intended fishing opportunity provided by this rule. Specifically, State
port samplers are currently not being deployed to collect catch
information on recreational landings, and data collected by these
samplers is necessary to track the state and subarea catch allocations
and prevent overages. At the time of this publication, Washington has
announced that it anticipates keeping this restriction in place through
May 4, 2020. Based on this information, NMFS has determined that it is
necessary to implement an opening season date in Washington State
subareas such that the season will start on the next proposed open day
after May 4, 2020. For Washington subareas, the first open date is May
7, 2020. The largest difference in these dates compared to what was
proposed is for the Puget Sound subarea. Initially, the Puget Sound
subarea was proposed to open April 16, 2020, which would have been two
weeks earlier than the May 2, 2019, opening. In 2018, Washington
fisheries opened statewide May 11, therefore this change does not
result in a major difference compared with previous years' opening
dates.
State measures being put in place as a result of the COVID-19
pandemic are fluid, and it may be necessary to further modify the
opening dates or respond to a decrease in catch monitoring in other
subareas within Washington State, or California and Oregon shortly
after the publication of this final rule. Any such change will be
announced on the NMFS hotline at (206) 526-6667 or 800-662-9825. NMFS
is closely monitoring this situation and coordinating with all three of
the West Coast state fish and wildlife agencies, so that we can meet
conservation needs while also providing fishing opportunity.
This rule provides specific regulations, as referred to in
paragraph (7) of the 2020 IPHC regulations under the heading,
``Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2A'':
(8) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits are as follows, except as modified by an inseason action
consistent with 50 CFR 300.63(c). All sport fishing in Area 2A is
managed on a ``port of landing'' basis, whereby any halibut landed into
a port counts toward the quota for the area in which that port is
located, and the regulations governing the area of landing apply,
regardless of the specific area of catch.
(a) The quota for the area in Puget Sound and the U.S. waters in
the Strait of Juan de Fuca, east of a line extending from 48[deg]17.30'
N lat., 124[deg]23.70' W long. north to 48[deg]24.10' N lat.,
124[deg]23.70' W long., is 77,550 pounds (35.18 mt).
(i) The fishing seasons are:
(A) For the area in Puget Sound and the U.S. waters in the Strait
of Juan de Fuca, east of a line at approximately 123[deg]49.60' W
long., fishing is open May 7-9, 14-16, 22-24, 28-30; June 4-6, 11-13,
18-20, and 25-27, or until there is not sufficient quota for another
full day of fishing and the area is closed by the Commission. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825.
(B) For the area in U.S. waters in the Strait of Juan de Fuca,
approximately between 124[deg]23.70' W long. and 123[deg]49.60' W
long., fishing is open May 7, 9, 14, 16, 22, 23, 24, 28-30; June 4-6,
11-13, 18-20, and 25-27, or until there is not sufficient quota for
another full day of fishing and the area is closed by the Commission.
Any closure will be announced on the NMFS hotline at (206) 526-6667 or
800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(b) The quota for landings into ports in the area off the north
Washington coast, west of the line described in paragraph (2)(a) of
section 26 and north of the Queets River (47[deg]31.70' N lat.) (North
Coast subarea), is 128,187 pounds (58.14 mt).
(i) The fishing seasons are:
(A) Fishing is open May 7, 9, 14, 16, 22, 24, 28, 30; June 4, 6,
11, 13, 18, 20, 25, and 27, or until there is not sufficient quota for
another full day of fishing and the area is closed by the Commission.
Any closure will be announced on the NMFS hotline at (206) 526-6667 or
800-662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing with
recreational gear in the North Coast Recreational YRCA may not be in
possession of any halibut. Recreational vessels may transit through the
North Coast Recreational YRCA with or without halibut on board. The
North Coast Recreational YRCA is a C-shaped area off the northern
Washington coast intended to protect yelloweye rockfish. The North
Coast Recreational YRCA is defined in groundfish regulations at 50 CFR
660.70(b).
(c) The quota for landings into ports in the area between the
Queets River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA
(46[deg]38.17' N lat.)(South Coast subarea), is 62,896 pounds (28.53
mt).
(i) This subarea is divided between the all-depth fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N lat. south to 46[deg]58.00' N
lat. and east of a boundary line approximating the 30-fm (55-m) depth
contour. This area is defined by straight lines connecting all of the
following points in the order stated as described by the following
coordinates (the Washington South coast, northern nearshore area):
(1) 47[deg]31.70' N lat, 124[deg]37.03' W long;
(2) 47[deg]25.67' N lat, 124[deg]34.79' W long;
(3) 47[deg]12.82' N lat, 124[deg]29.12' W long;
(4) 46[deg]58.00' N lat, 124[deg]24.24' W long.
The primary fishery season dates are May 7, 10, 14, 17, 21; June
18, 21, 25, and 28, or until there is not sufficient quota for another
full day of fishing and the area is closed by the Commission. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825. If sufficient quota remains, the fishing season in the
nearshore area commences the Saturday subsequent to the closure of the
primary fishery and continues 7 days per week until 62,896 pounds
(28.53 mt) is projected to be taken by the two fisheries combined and
the fishery is closed by the Commission or September 30, whichever is
earlier. If the fishery is closed prior to September 30, and there is
insufficient quota remaining to reopen the northern nearshore area for
another fishing day, then any remaining quota may be transferred
inseason to another Washington coastal subarea by NMFS.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Seaward of the boundary line approximating the 30-fm (55-m)
depth contour and during days open to the primary fishery, lingcod may
be taken, retained and possessed when allowed by groundfish regulations
at 50 CFR 660.360.
(iv) Recreational fishing for groundfish and halibut is prohibited
within the South Coast Recreational YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing vessels to take and retain,
possess, or land halibut taken with recreational gear within the South
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not
be in possession of any halibut. Recreational vessels may transit
through the South Coast Recreational YRCA and Westport Offshore YRCA
with or without halibut
[[Page 25320]]
on board. The South Coast Recreational YRCA and Westport Offshore YRCA
are areas off the southern Washington coast established to protect
yelloweye rockfish. The South Coast Recreational YRCA is defined at 50
CFR 660.70(e). The Westport Offshore YRCA is defined at 50 CFR
660.70(f).
(d) The quota for landings into ports in the area between
Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR
(45[deg]46.00' N lat.)(Columbia River subarea), is 18,450 pounds (8.37
mt).
(i) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 500 lb (0.23 mt)
of the subarea allocation. The nearshore fishery extends from
Leadbetter Point (46[deg]38.17' N lat., 124[deg]15.88' W long.) to the
Columbia River (46[deg]16.00' N lat., 124[deg]15.88' W long.) by
connecting the following coordinates in Washington: 46[deg]38.17' N
lat., 124[deg]15.88' W long. 46[deg]16.00' N lat., 124[deg]15.88' W
long. and connecting to the boundary line approximating the 40-fm (73-
m) depth contour in Oregon. The nearshore fishery opens May 4, and
continues on Monday, Tuesday, and Wednesday each week until the
nearshore allocation is taken, or September 30, whichever is earlier.
The all-depth fishing season is open April 30; May 3, 7, 10, 14, 17,
21, 28, 31; June 4, 7, 11, 14, 18, 21, 25, and 28, or until there is
not sufficient quota for another full day of fishing and the area is
closed by the Commission, or September 30, whichever is earlier. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825. Subsequent to this closure, if there is insufficient quota
remaining in the Columbia River subarea for another fishing day, then
any remaining quota may be transferred inseason to another Washington
and/or Oregon subarea by NMFS. Any remaining quota would be transferred
to each state in proportion to its contribution.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Pacific Coast groundfish may not be taken and retained,
possessed or landed when halibut are on board the vessel, except
sablefish, Pacific cod, flatfish species, and lingcod caught north of
the Washington-Oregon border during the recreational halibut fishery,
when allowed by Pacific Coast groundfish regulations, during days open
to the all-depth fishery only.
(iv) Taking, retaining, possessing, or landing halibut on
groundfish trips is only allowed in the nearshore area on days not open
to all-depth Pacific halibut fisheries.
(e) The quota for landings into ports in the area off Oregon
between Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain
(42[deg]40.50' N lat.) (Oregon Central Coast subarea), is 271,592
pounds (123.19 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences May
1, and continues 7 days a week, in the area shoreward of a boundary
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 32,591 pounds
(14.8 mt), or any inseason revised subquota, is estimated to have been
taken and the season is closed by the Commission, or October 31,
whichever is earlier. The boundary line approximating the 40-fm (73-m)
depth contour between 45[deg]46.00' N lat. and 42[deg]40.50' N lat. is
defined at Sec. 660.71(o).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 14, 15, 16; 21, 22, 23; 28, 29, 30; June
11, 12, 13; 18, 19, 20; and July 9, 10, 11. The allocation to the all-
depth fishery is 171,103 pounds (77.6 mt). If sufficient unharvested
quota remains for additional fishing days, the season will re-open July
23, 24, 25. Notice of the re-opening will be announced on the NMFS
hotline (206) 526-6667 or (800) 662-9825.
(C) The third season (summer season), which is for the ``all-
depth'' fishery, will be August 6, 7, 8; 20, 21, 22; September 3, 4, 5;
17, 18, 19; October 1, 2, 3; 15, 16, 17; 29, 30, 31; and will continue
until the combined spring season and summer season quotas in the area
between Cape Falcon and Humbug Mountain, Oregon, are estimated to have
been taken and the area is closed by the Commission. NMFS will announce
on the NMFS hotline in July whether the fishery will re-open for the
summer season in August. Additional fishing days may be opened if
sufficient quota remains after the last day of the first scheduled open
period. If, after this date, an amount greater than or equal to 60,000
lb (27.2 mt) remains in the combined all-depth and inside 40-fm (73-m)
quota, the fishery may re-open every Thursday, Friday and Saturday,
beginning August 6, 7, and 8, and ending when there is insufficient
quota remaining, whichever is earlier. If after September 8, an amount
greater than or equal to 30,000 lb (13.6 mt) remains in the combined
all-depth and inside 40-fm (73-m) quota, and the fishery is not already
open every Thursday, Friday and Saturday, the fishery may re-open every
Thursday, Friday and Saturday, beginning September 10, 11, and 12, and
ending October 31. After September 8, the bag limit may be increased to
two fish of any size per person, per day. NMFS will announce on the
NMFS hotline whether the summer all-depth fishery will be open on such
additional fishing days, what days the fishery will be open and what
the bag limit is.
(ii) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline any bag limit changes.
(iii) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, no groundfish may be taken
and retained, possessed or landed, when halibut are on board the
vessel, except sablefish, Pacific cod, and flatfish species, when
allowed by groundfish regulations, if halibut are onboard the vessel.
During days open to all-depth halibut fishing when the groundfish
fishery is open to all depths, any groundfish species permitted under
the groundfish regulations may be retained, possessed or landed if
halibut are on board the vessel. During days open to nearshore halibut
fishing, flatfish species may be taken and retained seaward of the
seasonal groundfish depths restrictions, if halibut are on board the
vessel.
(iv) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(v) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is an area off central
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish.
The Stonewall Bank YRCA is defined at Sec. 660.70(g).
(f) The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg]40.50' N lat.) to the Oregon/California Border
(42[deg]00.00' N lat.) (Southern Oregon subarea) is 8,000 pounds (3.63
mt).
(i) The fishing season commences on May 1, and continues 7 days per
week until the subquota is taken, or October 31, whichever is earlier.
(ii) The daily bag limit is one halibut per person with no size
limit.
(iii) No Pacific Coast groundfish may be taken and retained,
possessed or
[[Page 25321]]
landed, except sablefish, Pacific cod, and flatfish species, in areas
closed to groundfish, if halibut are on board the vessel.
(g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N lat.) and along the California coast
is 39,000 pounds (17.69 mt).
(i) The fishing season will be open May 1 through October 31, or
until the subarea quota is estimated to have been taken and the season
is closed by the Commission, whichever is earlier. NMFS will announce
any closure by the Commission on the NMFS hotline (206) 526-6667 or
(800) 662-9825.
(ii) The daily bag limit is one halibut of any size per day per
person.
Comments and Responses
NMFS accepted public comments on the Council's recommended
modifications to the 2020 Area 2A Catch Sharing Plan and the resulting
proposed domestic fishing regulations through March 9, 2020. NMFS
received two comments from State agencies- the Oregon Department of
Fish and Wildlife (ODFW) and the California Department of Fish and
Wildlife (CDFW), and one comment from a stakeholder.
Comment 1: ODFW submitted a comment recommending final recreational
fishing season dates for the 2020 season for the Central Oregon Coast
subarea. ODFW hosted a public meeting and an online survey following
the IPHC annual meeting. Based on stakeholder input, past effort, and
tides, ODFW recommended season dates for the spring and summer Central
Coast fisheries. For spring, fixed open dates on May 14, 15, 16; May
21, 22, 23; May 28, 29, 30; June 11, 12, 13; June 18, 19, 20; and July
9, 10, 11. ODFW recommended spring fishery backup dates on July 23, 24,
25. ODFW recommended summer fishery dates on August 6, 7, 8; August 20,
21, 22; September 3, 4, 5; September 17, 18,19; October 1, 2, 3;
October 15, 16, 17; and October 29, 30, 31; or until the total 2020
all-depth catch limit for the subarea is taken.
Response: NMFS concurs that the ODFW-recommended season dates are
appropriate. There are a few differences between the spring season
dates NMFS published in the proposed rule and those recommended by
ODFW. However, ODFW surveyed their stakeholders after the IPHC adopted
the catch limit for 2020 and considered stakeholder input, past effort
and tides in making their recommendation. NMFS has updated the
recreational fishery season dates off of Oregon to those recommended by
ODFW in this final rule.
Comment 2: CDFW submitted a comment concurring with the season
dates NMFS published in the proposed rule for the 2020 season. CDFW
hosted an online survey following the IPHC annual meeting. Based on
public comments received on Pacific halibut fisheries in California and
fishing performance in recent years, CDFW recommended season dates of
May 1-October 31, or until quota has been attained, whichever comes
first.
Response: NMFS concurs that these season dates are appropriate. The
catch limit for 2020 is the same as 2019, and the California catch
limit was not fully attained last year with the same season dates. NMFS
affirms the recreational fishery season dates off of California in this
final rule.
Comment 3: NMFS received one public comment in support of approving
the 2020 Pacific Halibut Catch Sharing Plan. This comment also
suggested further review of incidental catch and fostering input from
diverse groups of stakeholders.
Response: NMFS concurs that approving the 2020 Pacific Halibut
Catch Sharing Plan is appropriate. With regards to the commenters'
concern regarding the incidental catch distribution and stakeholder
opinion, although NMFS believes in the accuracy of the incidental catch
and has made various attempts, including taking public comment on the
proposed rule, to gain insight on the public's needs, we will continue
to review ways to ensure these two areas are as accurate as possible in
the future.
Changes From the Proposed Rule
As described in the response to Comment 1 above, NMFS changed
season dates off of Oregon in this final rule.
NMFS is also implementing season dates in the Washington subareas
such that the season will start on the next proposed open day after May
4, 2020. For Washington fisheries, the first open date is May 7, 2020.
The Puget Sound subarea dates are the most different than those
proposed. An opening date of April 16, 2020, was originally proposed
and would have resulted in the Puget Sound fishery opening two weeks
earlier than previous years, in an attempt to provide more angler
opportunity in an area that had low attainment in 2019. The other
Washington subareas will have two fewer fishing days than proposed and
would open around the same time as previous years. Therefore this is
not a significant change from previous years' opening dates.
The decision to modify the opening season date for Washington
subareas is a result of the various measures currently in place
associated with Washington State's ``Stay Home, Stay Healthy'' order.
Specifically, State port samplers are currently not being deployed to
collect catch information on recreational landings, and data collected
by these samplers is necessary to track the state and subarea catch
allocations and prevent overages. At this time, it is unclear when port
sampling will resume. WDFW has also closed all State recreational
fisheries through May 4, 2020. Therefore, unless that order is revised,
it is unlikely that samplers will begin working before that date. The
situation due to the COVID-19 pandemic remains fluid. While it appears
there will not be port sampling prior to May 5, 2020, port sampling is
carried out by the State and may be revised quickly. It may therefore
be necessary to further modify the opening dates or other fishing days
for some subareas shortly after the publication of this final rule in
response to changes in State measures related to the spread of COVID-
19.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
Halibut Act (16 U.S.C. 773c) allows the Regional Council having
authority for a particular geographical area to develop regulations
governing the allocation and catch of halibut in U.S. Convention waters
as long as those regulations do not conflict with IPHC regulations.
This action is consistent with the Council's authority to allocate
halibut catches among fishery participants in the waters in and off
Washington, Oregon, and California.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(d)(1), a thirty-day delay in effective
date is not applicable because these final regulations for the 2020
Pacific halibut fishing season relieve a restriction. The 2020 Catch
Sharing Plan provides the framework for the annual management measures
and subarea allocations based on the 2020 Area 2A catch limit for
[[Page 25322]]
Pacific halibut. These allocations are based on the best available new
information on the population status of Pacific halibut, determined at
the annual meeting of the IPHC held February 3-7, 2020. Additionally,
the Washington Puget Sound subarea was originally scheduled to be open
April 16, 2020, two weeks earlier than in 2019, to allow more
opportunity for fishing and this rule implements subarea allocations
for that fishery. Due to COVID-19, Washington has closed its
recreational fisheries and paused its port sampling and catch
accounting program. Without catch data, there is no way to track state
and subarea landings against the allocation to prevent overages. NMFS
is responding to the Washington recreational fishing actions by
revising season dates in the Washington subareas such that the season
will start on the next proposed open day after May 4, 2020. The season
date being implemented in this action is similar to season start dates
in previous years, when Washington had season openers on May 2, 2019,
and May 11, 2018. The recreational season for the Columbia River
subarea, beginning on the soonest possible scheduled date after April
30, 2020, is scheduled to take place as proposed. A delay in the
effectiveness of this rule for a full thirty days would result in
delayed openings for these fisheries rather than on the dates the
affected public are expecting.
Additionally, there is good cause under 5 U.S.C. 553(d)(3) to
ensure these regulations are effective immediately upon publication.
The Council's 2020 Catch Sharing Plan approved in this rule includes
changes that respond to the needs of the fisheries in Washington and
Oregon, including fisheries that begin on the soonest possible
scheduled date after April 30, 2020. In 2019, the recreational
fisheries in Washington, Oregon, and California did not achieve their
full quotas as in previous years. The Council recommended changes to
the Catch Sharing Plan to allow fisheries in Washington and Oregon to
open up earlier and remain open more days per week, as well as transfer
quota from Southern Oregon to the Columbia River subarea in years with
a high catch limit. Delaying the effective date of this rule beyond
April 30, 2020, would be contrary to the public interest because,
without these changes, fishing opportunity is lost, potentially causing
economic harm to communities at sport fishing ports. Washington season
dates published in the proposed rule were revised in the final rule
from mid-April to early May. The Columbia River subarea is still
scheduled to be open on the soonest possible scheduled date after April
30, and Oregon and California fisheries are still scheduled to be open
May 1. Additionally, the season dates in this rule are specific to 2020
according to the Catch Sharing Plan framework. Without the publication
of this rule, the 2019 season dates would remain in place, and would
not occur on the days of the week specified in the Catch Sharing Plan.
Therefore, allowing the 2019 Catch Sharing Plan to remain in place
would not respond to the needs of the fishery and would be in conflict
with the Council's final recommendation for 2020. A thirty-day delay in
effectiveness could cause economic harm to the associated fishing
communities by reducing fishing opportunity at the start of the fishing
year. As a result of the potential harm to fishing communities that
could be caused by delaying the effectiveness of this final rule, NMFS
finds good cause to make this rule effective upon publication in the
Federal Register.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the IRFA, a summary of the significant issues raised
by the public comments in response to the IRFA, and NMFS responses to
those comments, and a summary of the analyses completed to support the
action. A summary of the analysis follows.
A statement of the significant issues raised by the public comments
in response to the IRFA, a statement of the assessment of the agency of
such issues, and a statement of any changes made in the proposed rule
as a result of such comments.
There were no issues raised about the IRFA in the public comments.
The response of the agency to any comments filed by the Chief
Counsel for Advocacy in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in the final rule as
a result of the comments.
There were no comments filed by the Chief Counsel for Advocacy.
Statement of the Objectives of, and Legal Basis for, the Final Rule
The Halibut Act gives the Secretary of Commerce responsibility for
implementing the provisions of the Halibut Convention between the
United States and Canada. The Halibut Act requires that the Secretary
adopt regulations to carry out the purposes and objectives of the
Halibut Convention and Halibut Act. The Halibut Act also authorizes the
regional fishery management councils to develop regulations in addition
to, but not in conflict with, regulations of the IPHC to govern the
Pacific halibut catch in their corresponding U.S. Convention waters.
The Council's main management objective for the Pacific halibut fishery
in Area 2A is to manage fisheries to remain within the catch limit for
Area 2A.
A second objective is to allow the recreational (sport) fishery to
target halibut in the manner that is appropriate to meet the
conservation requirements for species that co-occur with Pacific
halibut. A third objective is to meet the needs of fishery participants
in particular fisheries and fishing areas.
A Description and, Where Feasible, Estimate of the Number of Small
Entities to Which the Final Rule Applies
This action revises the recreational Pacific halibut fishery
management measures, such as season dates and some catch limits that
are set in NMFS regulations. This rule opens the recreational fishery
with 2020 season dates and subarea allocations, impacting charter
boats, anglers, and businesses relying on sport fishing across all of
Area 2A. This rule also makes changes to the sport fishing sector of
the Catch Sharing Plan for the halibut fishery, impacting participants
in the recreational Washington and Oregon subareas. Therefore, this
rule may affect some charterboat operations in Area 2A. Previous
analyses determined that charterboats are small businesses (see 77 FR
5477 (February 3, 2012) and 76 FR 2876 (January 18, 2011)). Charter
fishing operations are classified under NAICS code, 487210, with a
corresponding Small Business Association size standard of $7.5 million
in annual receipts. No commercial fishing entities are directly
affected by this rule.
In 2019, the IPHC issued 84 licenses to the charterboat fleet. NMFS
estimates there are 47 licensed charterboats in Washington, and 26 in
Oregon. Recent information on charterboat activity is not available,
but prior analysis indicated that 60 percent of the IPHC charterboat
license holders (around 50 vessels) may be affected by these
regulations. Private vessels used for recreational fishing are not
businesses and are therefore not subject to the RFA.
Reporting, Record-Keeping, and Other Compliance Requirements
The changes to the Catch Sharing Plan and domestic management
measures do not include any new reporting or recordkeeping
requirements.
[[Page 25323]]
Federal Rules That May Duplicate, Overlap or Conflict With the Final
Rule
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
Description and Estimate of Economic Effects on Entities, by Entity
Size and Industry
The major effect of halibut management on small entities will be
from the catch limit decisions made by the IPHC, a decision independent
from this action. This action implements management measures including
season dates and bag limits for the recreational fishery, and makes
minor changes to the Catch Sharing Plan to provide increased
recreational opportunities under the allocations that result from the
Area 2A catch limit. The changes to the Catch Sharing Plan are
considered minor, with minimal economic effects.
A Description of, and an Explanation of the Basis for, Assumptions Used
In the description of the entities affected, estimates of the
amount of charterboat activity from the number of licensed vessels were
based on a 2004 report by the Pacific States Marine Fisheries
Commission. This report has not been updated and the number of entities
is assumed to be similar.
Description of any Significant Alternatives to the Final Rule That
Accomplish the Stated Objectives of Applicable Statutes and That
Minimize any Significant Economic Impact of the Rule on Small Entities
The status quo alternative of not implementing management measures,
such as season dates and bag limits, or revising the Catch Sharing Plan
would not achieve the objectives and requirements of the Convention and
Halibut Act, specifically conserving Pacific halibut and allocating
quota equitably. Without establishing 2020 season dates and subarea
allocations, there would be a significant economic impact on the entire
recreational sector, including charter boats. When considered with the
management measures, the changes to the Catch Sharing Plan have minimal
effect on the fishery and there are no other additional significant
alternatives that further minimize the impact of the rule on small
entities while achieving the goals and objectives of the Convention and
Halibut Act. In addition, these management measures and Catch Sharing
Plan changes were proposed by stakeholders to address the needs of the
fisheries, and, as explained above, the changes are not expected to
have a significant economic impact on a substantial number of small
entities.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a public notice to fishery participants that
also serves as a small entity compliance guide (the guide) was
prepared. Copies of this final rule are available from the West Coast
Regional Office, and the guide, i.e., public notice, will be sent to
all stakeholders on the email listserv for the groundfish fishery, and
posted to the West Coast groundfish and halibut web pages. The guide
and this final rule will be available upon request.
A copy of this analysis is available from NMFS (see ADDRESSES).
This rule was developed after meaningful consultation and
collaboration with the tribal representative on the Council, pursuant
to Executive Order 13175.
The U.S. Government formally recognizes that the 13 Washington
Tribes have treaty rights to fish for Pacific halibut. In general
terms, the quantification of those rights is 50 percent of the
harvestable surplus of Pacific halibut available in the tribes' usual
and accustomed fishing areas (described at 50 CFR 300.64). Each of the
treaty tribes has the discretion to administer their fisheries and to
establish their own policies to achieve program objectives.
Accordingly, tribal allocations and regulations, including the changes
to the Catch Sharing Plan, have been developed in consultation with the
affected tribe(s) and, insofar as possible, with tribal consensus.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
Dated: April 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is amended as follows:
PART 300-INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read
as follows:
Authority: 16 U.S.C. 773-773k.
0
2, In Sec. 300.61, revise the definition of ``Subarea 2A-1'' to read
as follows:
Sec. 300.61 Definitions.
* * * * *
Subarea 2A-1 includes the usual and accustomed fishing areas for
Pacific Coast treaty tribes off the coast of Washington and all inland
marine waters of Washington north of Point Chehalis (46[deg]53.30' N
lat.), including Puget Sound. Boundaries of a tribe's fishing area may
be revised as ordered by a Federal court.
* * * * *
0
3. In Sec. 300.63, revise paragraph (d) to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
area 2A.
* * * * *
(d) Fishery Election in Area 2A. (1) A vessel that fishes in Area
2A may participate in only one of the following three fisheries in Area
2A:
(i) The sport fishery established in the annual domestic management
measures and International Pacific Halibut Commission (IPHC)
regulations and defined at Sec. 300.61;
(ii) The commercial directed fishery for halibut during the fishing
period(s) established in the annual domestic management measures and
IPHC regulations and/or the incidental retention of halibut during the
sablefish primary fishery described at 50 CFR 660.231; or
(iii) The incidental catch fishery during the salmon troll fishery
as authorized in the annual domestic management measures and IPHC
regulations.
(2) No person shall fish for halibut in the sport fishery in Area
2A under the annual domestic management measures and IPHC regulations,
from a vessel that has been used during the same calendar year for
commercial halibut fishing in Area 2A, or that has been issued a permit
for the same calendar year for the commercial halibut fishery in Area
2A.
[[Page 25324]]
(3) No person shall fish for halibut in the directed commercial
halibut fishery during the fishing periods established in the annual
domestic management measures and IPHC regulations, and/or retain
halibut incidentally taken in the sablefish primary fishery in Area 2A
from a vessel that has been used during the same calendar year for the
incidental catch fishery during the salmon troll fishery, as authorized
in the annual domestic management measures and IPHC regulations.
(4) No person shall fish for halibut in the directed commercial
halibut fishery and/or retain halibut incidentally taken in the
sablefish primary fishery in Area 2A from a vessel that, during the
same calendar year, has been used in the sport halibut fishery in Area
2A or that is licensed for the sport charter halibut fishery in Area
2A.
(5) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under the annual domestic management measures and
IPHC regulations, taken on a vessel that, during the same calendar
year, has been used in the sport halibut fishery in Area 2A, or that is
licensed for the sport charter halibut fishery in Area 2A.
(6) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under the annual domestic management measures and
IPHC regulations, taken on a vessel that, during the same calendar
year, has been used in the directed commercial halibut fishery during
the fishing periods established in the annual domestic management
measures and IPHC regulations, and/or retained halibut incidentally
taken in the sablefish primary fishery for Area 2A or that is licensed
to participate in these commercial fisheries during the fishing periods
established in the annual domestic management measures and IPHC
regulations in Area 2A.
* * * * *
0
4. In Sec. 300.64, revise paragraph (i) to read as follows:
Sec. 300.64 Fishing by U.S. treaty Indian tribes.
* * * * *
(i) Table 1 to this paragraph (i) sets forth the fishing areas of
each of the 13 treaty Indian tribes fishing pursuant to this section.
Within subarea 2A-1, boundaries of a tribe's fishing area may be
revised as ordered by a Federal court.
Table 1 to Paragraph (i)
----------------------------------------------------------------------------------------------------------------
Tribe Boundaries
----------------------------------------------------------------------------------------------------------------
HOH..................................................... The area between 47[deg]54.30' N lat. (Quillayute
River) and 47[deg]21.00' N lat. (Quinault River) and
east of 125[deg]44.00' W long.
JAMESTOWN S'KLALLAM..................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1486, to be
places at which the Jamestown S'Klallam Tribe may
fish under rights secured by treaties with the United
States.
LOWER ELWHA S'KLALLAM................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049 and 1066
and 626 F. Supp. 1443, to be places at which the
Lower Elwha S'Klallam Tribe may fish under rights
secured by treaties with the United States.
LUMMI................................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 384 F. Supp. 360, as
modified in Subproceeding No. 89-08 (W.D. Wash.,
February 13, 1990) (decision and order re: cross-
motions for summary judgement), to be places at which
the Lummi Tribe may fish under rights secured by
treaties with the United States.
MAKAH................................................... The area north of 48[deg]02.25' N lat. (Norwegian
Memorial) and east of 125[deg]44.00' W long.
NOOKSACK................................................ Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Nooksack Tribe may fish under
rights secured by treaties with the United States.
PORT GAMBLE S'KLALLAM................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1442, to be
places at which the Port Gamble S'Klallam Tribe may
fish under rights secured by treaties with the United
States.
QUILEUTE................................................ The area commencing at Cape Alava, located at
48[deg]10'00'' N lat, 124[deg]43'56.9'' W long.; then
proceeding west approximately 40 nautical miles at
that latitude to a northwestern point located at
48[deg]10'00'' N lat, 125[deg]44'00'' W long.; then
proceeding in a southeasterly direction mirroring the
coastline at a distance no farther than 40 nautical
miles from the mainland Pacific coast shoreline at
any line of latitude, to a southwestern point at
47[deg]31'42'' N lat., 125[deg]20'26'' W long.; then
proceeding east along that line of latitude to the
Pacific coast shoreline at 47[deg]31'42'' N lat.,
124[deg]21'9.0'' W long.
QUINAULT................................................ The area commencing at the Pacific coast shoreline
near Destruction Island, located at 47[deg]40'06'' N
lat., 124[deg]23'51.362'' W long.; then proceeding
west approximately 30 nautical miles at that latitude
to a northwestern point located at 47[deg]40'06'' N
lat., 125[deg]08'30'' W long.; then proceeding in a
southeasterly direction mirroring the coastline no
farther than 30 nautical miles from the mainland
Pacific coast shoreline at any line of latitude, to a
southwestern point at 46[deg]53'18'' N lat.,
124[deg]53'53'' W long.; then proceeding east along
that line of latitude to the Pacific coast shoreline
at 46[deg]53'18'' N lat., 124[deg]7'36.6'' W long.
SKOKOMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 384 F. Supp. 377, to be
places at which the Skokomish Tribe may fish under
rights secured by treaties with the United States.
SUQUAMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Suquamish Tribe may fish under
rights secured by treaties with the United States.
[[Page 25325]]
SWINOMISH............................................... Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 459 F. Supp. 1049, to be
places at which the Swinomish Tribe may fish under
rights secured by treaties with the United States.
TULALIP................................................. Those locations in the Strait of Juan de Fuca and
Puget Sound as determined in or in accordance with
Final Decision No. 1 and subsequent orders in United
States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974), and particularly at 626 F. Supp. 1531-1532, to
be places at which the Tulalip Tribe may fish under
rights secured by treaties with the United States.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-09231 Filed 4-30-20; 8:45 am]
BILLING CODE 3510-22-P
