Pacific Halibut Fisheries; Catch Sharing Plan, 9312-9316 [2021-02831]
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules
pandemic enables the Commission to
deem at-home connectivity eligible for
these purposes under section 254(c)(1),
which requires the Commission to take
into consideration, when determining
eligible services, which services ‘‘are
essential to education, public health, or
public safety’’ and ‘‘are consistent with
the public interest, convenience, and
necessity.’’ SHLB offers a variety of
arguments for rejecting suggestions that
the reference to ‘‘classrooms’’ in section
254(b)(6) and 254(h)(2)(A) which
provide that ‘‘[t]he Commission shall
establish competitively neutral rules
. . . to enhance, to the extent
technically feasible and economically
reasonable, access to advanced
telecommunications and information
services for all public and nonprofit
elementary and secondary school
classrooms . . . .’’ limits the
Commission’s ability to provide E-Rate
supported broadband for remote
learning. SHLB points out that the
Commission already provides E-rate
support for some off-campus services
and echoes Colorado’s argument that
during the pandemic students’ and
teachers’ homes have become virtual
classrooms. Both SHLB and Colorado
argue that the Commission relied on its
authority under section 254(h)(2)(A) of
the Act to allow health care providers to
purchase internet access services for
participating patients’ use in their
homes or mobile locations during the
pandemic in the Connected Care Pilot
Program and can take a similar action in
the E-Rate program. They also both
point out that the Commission has the
statutory authority to designate
additional E-Rate supported services.
The Bureau invites other stakeholders to
comment on the Commission’s legal
authority to use E-Rate funding to help
address the remote learning challenges
created by the COVID–19 Pandemic.
Federal Communications Commission.
Cheryl Callahan,
Assistant Chief, Telecommunications Access
Policy Division Wireline Competition Bureau.
[FR Doc. 2021–02997 Filed 2–10–21; 4:15 pm]
BILLING CODE 6712–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 210205–0014]
RIN 0648–BK27
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to approve
changes to the Pacific Halibut Catch
Sharing Plan for the International
Pacific Halibut Commission’s regulatory
Area 2A off of Washington, Oregon, and
California. In addition, NMFS proposes
to implement management measures
governing the 2021 recreational fisheries
that are not implemented through the
International Pacific Halibut
Commission. These measures include
the recreational fishery seasons,
allocations, and management measures
for Area 2A. These actions are intended
to conserve Pacific halibut and provide
angler opportunity where available.
DATES: Comments on the proposed rule
must be received on or before March 15,
2021.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2020–0157,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200157, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Barry Thom, c/o Kathryn Blair, West
Coast Region, NMFS, 1201 NE Lloyd
Blvd., Suite 1100, Portland, OR 97232.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record
and NMFS will post them for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
SUMMARY:
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Docket: This rule is accessible via the
internet at the Office of the Federal
Register website at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS West Coast
Region website at https://
www.fisheries.noaa.gov/west-coast/
sustainable-fisheries/fisheriesmanagement-west-coast and at the
Council’s website at https://
www.pcouncil.org. Other comments
received may be accessed through
Regulations.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 of
1982 (Halibut Act) 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 having authority
for a particular geographic area to
develop regulations in addition to, but
not in conflict with, regulations issued
by the International Pacific Halibut
Commission (IPHC) to govern the
Pacific halibut catch in U.S. Convention
waters (16 U.S.C. 773c(c)).
Since 1988, the Pacific Fishery
Management Council (Council) has
developed, and NMFS has approved,
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. In 1995,
the Council recommended, and NMFS
approved, a long-term Area 2A Catch
Sharing Plan (60 FR 14651; March 20,
1995). NMFS has been approving
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.
At its annual meeting January 25–29,
2021, the IPHC recommended an Area
2A catch limit. This catch limit is
derived from the total constant
exploitation yield (TCEY), which
includes commercial discards and
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules
bycatch estimates calculated using a
formula developed by the IPHC. As
provided in the Halibut Act at 16 U.S.C.
773b, the Secretary of State, with the
concurrence of the Secretary of
Commerce, may accept or reject, on
behalf of the United States, regulations
recommended by the IPHC in
accordance with the Convention.
Following acceptance by the Secretary
of State, the annual management
measures promulgated by the IPHC are
published in the Federal Register to
provide notice of their immediate
regulatory effectiveness and to inform
persons subject to the regulations of
their restrictions and requirements (50
CFR 300.62). The rule containing the
2020 IPHC regulations and management
measures was published in the Federal
Register on March 13, 2020 (85 FR
14586).
This rule proposes to approve the
Council’s recommended changes to the
Catch Sharing Plan for IPHC regulatory
Area 2A, which affect only the
recreational fishery. In addition, this
rule would implement 2021 recreational
Pacific halibut fishery management
measures, which include season
opening and closing dates, retention of
groundfish species, allowable gear, and
opening closed areas that are set in
NMFS regulations. These management
measures were developed through the
Council’s public process and are
detailed below.
Proposed Changes to the 2021 Area 2A
Catch Sharing Plan
Each year at the Council’s September
meeting, members of the public have an
opportunity to propose changes to the
Catch Sharing Plan for consideration by
the Council. At the September 2020
Council meeting, Washington
Department of Fish and Wildlife
(WDFW), Oregon Department of Fish
and Wildlife (ODFW), and California
Department of Fish and Wildlife
(CDFW) proposed changes to the Catch
Sharing Plan. The Council voted to
solicit public input on most of the
changes recommended by WDFW,
ODFW, and CDFW. Input on these
proposed changes was then gathered
through public workshops subsequently
held by WDFW and ODFW.
At its November 2020 meeting, the
Council considered the input received
through these public workshops on the
changes to the Catch Sharing Plan
proposed by WDFW, ODFW, and
CDFW, along with other public input
provided at the 2020 September and
November Council meetings, and made
its final recommendations for
modifications to the Catch Sharing Plan
to NMFS. NMFS proposes to approve all
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of the Council’s recommended changes
to the Catch Sharing Plan as discussed
below.
1. In section 6.9.3(h) of the Catch
Sharing Plan, the Council recommended
removing prohibition on fishing within
two Yelloweye Rockfish Conservation
Areas (YRCAs) to be consistent with
West Coast groundfish regulations. The
2021–2022 groundfish harvest
specifications final rule (85 FR 79880;
December 11, 2020) included a
modification to regulations at 50 CFR
660.360(c)(1)(i)(B) and (C) to allow for
recreational fishing for groundfish and
halibut within the South Coast
Recreational YRCA and the Westport
Offshore Recreational YRCA. Consistent
with the groundfish regulations, this
Catch Sharing Plan change removes the
prohibition on recreational groundfish
and halibut fishing in these two YRCAs
and removes the description of the
YCRAs.
2. In section 6.10(g) of the Catch
Sharing Plan, the Council recommended
allowing anglers fishing for Pacific
halibut in the Columbia River subarea in
Washington to retain certain midwater
rockfish species, specifically yellowtail,
widow, canary, redstriped, greenstriped,
silvergray, chilipepper, bocaccio, and
blue/deacon rockfish, in addition to the
species currently allowed for retention.
This change would increase angler
opportunity by permitting retention of
more groundfish species than were
previously allowed in regulation.
3. In section 6.11.1(g) and 6.11.2(g) of
the Catch Sharing Plan, the Council
recommended allowing anglers in
Oregon to use long-leader fishing gear to
retain certain groundfish species on the
same fishing trip in which they also
participate in the all-depth halibut
fishery. This change would increase
angler opportunity by permitting
retention of more species than were
previously allowed in regulation.
4. In section 6.12(d) of the Catch
Sharing Plan, the Council recommended
changing the season end date on the
California Coast from October 31 to
November 15. In 2019, the California
recreational fishery was open May 1
through October 31, and attained
around 17,000 pounds of the 39,000
pound quota. This change provides
flexibility to extend the season by two
weeks to allow for additional angler
opportunity.
Additional discussion of these
changes is included in the materials
submitted to the Council at its
September and November meetings,
available at https://www.pcouncil.org/
council-meetings/previous-meetings/. A
version of the Catch Sharing Plan
including these changes can be found at
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https://www.pcouncil.org/managed_
fishery/pacific-halibut/.
Proposed 2021 Recreational Fishery
Management Measures
Following the Council’s
recommendations in the Catch Sharing
Plan, NMFS also proposes to implement
recreational fishery management
measures, including season dates for the
2021 fishery. The Catch Sharing Plan
includes a framework for setting days
open for fishing by subarea, and each
state submits final recommended season
dates annually to NMFS during the
proposed rule comment period. This
proposed rule contains dates for the
recreational (though referred to as
‘‘sport’’ in IPHC documents,
‘‘recreational’’ will be used in this rule)
fisheries based on the 2021 Catch
Sharing Plan as recommended by the
Council. The season dates preferred for
Washington, following input from the
public, are proposed here. The proposed
season dates for Oregon are based on the
Catch Sharing Plan framework and
season dates from 2020. The proposed
season dates for California are the start
and end dates in the 2021 Catch Sharing
Plan, including the revised season end
date of November 15. The final rule will
provide season dates based on public
comment, including comments from
Oregon and California after each state
has concluded its public meetings
gathering input on season dates.
Separate from this rule and described
above, annual management measures
promulgated by the IPHC 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 IPHC regulations was
published on March 13, 2020 (85 FR
14586), and the final rule for Area 2A
recreational fisheries was published on
May 1, 2020 (85 FR 25317). At the 2021
IPHC meeting, the IPHC approved the
2021 halibut regulations. NMFS plans to
publish those regulations prior to the
start of the 2021 halibut fishery if
approved by the Secretary of State with
concurrence by the Secretary of
Commerce.
NMFS proposes the following Area
2A recreational fishery management
measures consistent with the Council’s
Catch Sharing Plan. After the
opportunity for public comment, NMFS
will publish a final rule approving the
Catch Sharing Plan and promulgating
the annual management measures for
the Area 2A recreational fishery, as
required by implementing regulations at
50 CFR 300.63(b)(1). The subarea
allocations in this proposed rule are
based on the 2021 IPHC halibut
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regulations approved by the IPHC and
the allocation formula in the Council’s
Catch Sharing Plan.
2021 Annual Recreational Management
Measures
The recreational fishing subareas,
subquotas, fishing dates, and daily bag
limits are as follows, except as modified
under the inseason actions consistent
with 50 CFR 300.63(c). All recreational
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.
Washington Puget Sound and the U.S.
Convention Waters in the Strait of Juan
de Fuca
The quota for the area in Puget Sound
and the U.S. waters in the Strait of Juan
de Fuca, east of a line extending from
48°17.30′ N lat., 124°23.70′ W long.
north to 48°24.10′ N lat., 124°23.70′ W
long., is 78,291 lb (35.5 metric tons
(mt)).
(a) The fishing seasons are:
(i) 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
April 22–24, April 29–May 1; May 6–8,
13–15, 20–22, 28–30; June 3–5, 10–12,
17–19, and 24–26, or until there is not
sufficient quota for another full day of
fishing and the area is closed by the
IPHC. Any closure will be announced
on the NMFS hotline at (206) 526–6667
or 800–662–9825.
(ii) 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
6, 8, 13, 15, 20, 22, 28–30; June 3–5, 10–
12, 17–19, 24–26, or until there is not
sufficient quota for another full day of
fishing and the area is closed by the
IPHC. Any closure will be announced
on the NMFS hotline at (206) 526–6667
or 800–662–9825.
(b) The daily bag limit is one halibut
of any size per day per person.
Washington North Coast Subarea
The quota for landings into ports in
the area off the north Washington coast,
west of a line at approximately
124°23.70′ W long. and north of the
Queets River (47°31.70′ N lat.), is
128,928 lb (58.5 mt).
(a) The fishing seasons are:
(i) Fishing is open May 6, 8, 13, 15,
20, 22, 28, 30; June 3, 5, 10, 12, 17, 19,
24, and 26, or until there is not
sufficient quota for another full day of
fishing and the area is closed by the
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IPHC. Any closure will be announced
on the NMFS hotline at (206) 526–6667
or 800–662–9825.
(b) The daily bag limit is one halibut
of any size per day per person.
(c) 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).
September 30, whichever is earlier. If
the fishery is closed prior to September
30, and there is insufficient quota
remaining to reopen the Washington
South coast, northern nearshore area for
another fishing day, then any remaining
quota may be transferred in-season to
another Washington coastal subarea by
NMFS.
(b) The daily bag limit is one halibut
of any size per day per person.
(c) 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(c).
(d) Recreational fishing for groundfish
and halibut is allowed within the South
Coast Recreational YRCA and Westport
Offshore Recreational YRCA. The South
Coast Recreational YRCA is defined at
50 CFR 660.70(e). The Westport
Offshore Recreational YRCA is defined
at 50 CFR 660.70(f).
Washington South Coast Subarea
The quota for landings into ports in
the area between the Queets River, WA
(47°31.70′ N lat.), and Leadbetter Point,
WA (46°38.17′ N lat.), is 63,636 lb (28.9
mt).
(a) 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 (the Washington
South coast, northern nearshore area) is
defined by straight lines connecting all
of the following points in the order
stated as described by the following
coordinates:
(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 6, 9, 13, 16, 20, 23, 27; June 17, 20,
24, 27, or until there is not sufficient
quota for another full day of fishing and
the area is closed by the IPHC. 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 seven days per week until
63,636 lb (28.9 mt) is projected to be
taken by the two fisheries combined and
the fishery is closed by the IPHC or on
Columbia River Subarea
The quota for landings into ports in
the area between Leadbetter Point, WA
(46°38.17′ N lat.), and Cape Falcon, OR
(45°46.00′ N lat.), is 18,662 lb (8.5 mt).
(a) 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 10, and
continues on Monday, Tuesday, and
Wednesday each week until the
nearshore allocation is taken, or on
September 30, whichever is earlier. The
all-depth fishing season is open May 6,
9, 13, 16, 20, 23, 27; June 3, 6, 10, 13,
17, 20, 24, 27, or until there is not
sufficient quota for another full day of
fishing and the area is closed by the
IPHC, or on 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.
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(b) The daily bag limit is one halibut
of any size per day per person.
(c) 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, yellowtail rockfish,
widow rockfish, canary rockfish,
redstriped rockfish, greenstriped
rockfish, silvergray rockfish,
chilipepper, bocaccio, blue/deacon
rockfish, and lingcod caught north of
the Washington-Oregon border
(46°16.00′ N lat.) may be retained when
allowed by Pacific Coast groundfish
regulations, during days open to the alldepth Pacific halibut fishery. Longleader gear (as defined at 50 CFR
660.351) may be used to retain
groundfish during the all-depth Pacific
halibut fishery south of the WashingtonOregon border, when allowed by Pacific
Coast groundfish regulations.
(d) Taking, retaining, possessing, or
landing halibut on groundfish trips is
allowed in the nearshore area on days
not open to all-depth Pacific halibut
fisheries.
Oregon Central Coast Subarea
The quota for landings into ports in
the area off Oregon between Cape
Falcon (45°46.00′ N lat.) and Humbug
Mountain (42°40.50′ N lat.), is 273,403
lb (124 mt).
(a) The fishing seasons are:
(i) The first season (the ‘‘inside 40fm’’ 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
32,808 lb (14.9 mt), or any inseason
revised subquota is estimated to have
been taken and the season is closed by
the IPHC, or on 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 50 CFR
660.71(o).
(ii) The second season (spring season),
which is for the ‘‘all-depth’’ fishery, is
open May 13–15, 20–22, 27–29; June 3–
5, and 10–12. The allocation to the alldepth fishery is 172,244 lb (78.1 mt). If
sufficient unharvested quota remains for
additional fishing days, the season will
re-open June 17–19; July 1–3 and 8–10.
Notice of the re-opening will be
announced on the NMFS hotline (206)
526–6667 or (800) 662–9825.
(iii) The third season (summer
season), which is for the ‘‘all-depth’’
fishery, will be open August 6–7, 19–21;
September 2–4; 16–18, September 30–
October 2; October 14–16, 28–30; and
will continue until the combined spring
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season and summer season quotas in the
area between Cape Falcon and Humbug
Mountain, OR, are estimated to have
been taken and the area is closed by the
IPHC. NMFS will announce on the
NMFS hotline (206) 526–6667 or (800)
662–9825 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
5, 6, and 7, and ending when there is
insufficient quota remaining, whichever
is earlier. If, after September 7, 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 9, 10, and 11, and ending
October 31. After September 7, the bag
limit may be increased to two fish of
any size per person, per day. NMFS will
announce on the NMFS hotline (206)
526–6667 or (800) 662–9825 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.
(b) The daily bag limit is one halibut
of any size per day per person, unless
otherwise specified. NMFS will
announce on the NMFS hotline (206)
526–6667 or (800) 662–9825 any bag
limit changes.
(c) During days open to all-depth
halibut fishing when the groundfish
fishery is restricted by depth, when
halibut are on board the vessel, no
groundfish, except sablefish, Pacific
cod, and other species of flatfish (sole,
flounder, sanddab), may be taken and
retained, possessed or landed, except
with long-leader gear (as defined at
§ 660.351), when allowed by groundfish
regulations. During days open to alldepth 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 depth restrictions if halibut
are on board the vessel.
(d) 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)
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Sfmt 4702
9315
depth contour, halibut possession and
retention by vessels operating seaward
of a boundary line approximating the
40-fm (73-m) depth contour is
prohibited.
(e) 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 50 CFR 660.70(g).
Southern Oregon Subarea
The quota for landings into ports in
the area south of Humbug Mountain, OR
(42°40.50′ N lat.) to the Oregon/
California Border (42°00.00′ N lat.) is
8,000 lb (3.6 mt).
(a) The fishing season commences on
May 1, and continues 7 days per week
until the subquota is taken, or October
31, whichever is earlier.
(b) The daily bag limit is one halibut
per person with no size limit.
(c) During days open to the Pacific
halibut fishery, when halibut are on
board the vessel, no groundfish except
sablefish, Pacific cod, and other species
of flatfish (sole, flounder, sanddab), may
be taken and retained, possessed or
landed, except with long-leader gear (as
defined at § 660.351) when allowed by
groundfish regulations.
California Coast Subarea
The quota for landings into ports
south of the Oregon/California Border
(42°00.00′ N lat.) and along the
California coast is 39,260 lb (17.8 mt).
(a) The fishing season will be open
May 1 through November 15, or until
the subarea quota is estimated to have
been taken and the season is closed by
the IPHC, whichever is earlier. NMFS
will announce any closure by the IPHC
on the NMFS hotline (206) 526–6667 or
(800) 662–9825.
(b) The daily bag limit is one halibut
of any size per day per person.
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
(Council), and the Secretary of
Commerce. Section 5 of the Halibut Act
E:\FR\FM\12FEP1.SGM
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules
(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. The proposed
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 proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA)
purposes only, NMFS has established a
small business size standard for
businesses, including their affiliates.
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.
This rule would revise the
recreational Pacific halibut fishery
management measures, such as season
dates and catch limits that are set in
NMFS regulations. This proposed rule
VerDate Sep<11>2014
17:15 Feb 11, 2021
Jkt 253001
would open the recreational fishery
with 2021 season dates and subarea
allocations impacting charter boats,
anglers, and businesses relying on
recreational fishing across all of Area
2A. This rule also proposes minor
changes, including groundfish species
retention, allowable fishing gear, and
opening closed areas, to the recreational
halibut fishery, impacting participants
in the Washington, Oregon, and
California recreational subareas. The
proposed revisions were
uncontroversial throughout the
Council’s public process.
In 2020, the IPHC issued 86 licenses
to the charterboat fleet for Area 2A.
Analysis of the most recent data
available on charterboat activity
indicates that 60 percent of the IPHC
charterboat license holders (around 50
vessels) participate in the Pacific halibut
recreational fishery and may be affected
by these regulations as those vessels
operate in Area 2A. Private vessels used
for recreational fishing are not
businesses and are therefore not subject
to the RFA.
The major impact of halibut
management on small entities will
result from the IPHC catch limits, which
are determined independently from this
proposed action. This proposed action
would implement management
measures including season dates and
allocations for the recreational fishery,
and would make minor changes to the
Catch Sharing Plan to provide increased
recreational opportunities under the
allocations that result from the Area 2A
catch limit. The proposed changes to the
PO 00000
Frm 00013
Fmt 4702
Sfmt 9990
Catch Sharing Plan in this proposed
action are minor, with minimal
economic effects. Profitability is more
heavily influenced by the catch limit
decision made by the IPHC, with
subarea quotas determined based on the
Catch Sharing Plan framework and the
allocation formulae recommended by
the Council. Therefore, the proposed
rule is unlikely to affect overall
participation in the recreational
fisheries or to change the profitability of
the recreational fishery. Additionally,
there are no large entities involved in
the halibut fisheries off of the West
Coast. Because this action will only
impact recreational charter vessels,
which are small entities, these revisions
will not have a disproportionately
negative effect on small entities versus
large entities.
For the reasons described above,
NMFS concludes that the proposed
action, if adopted, will not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required, and none has
been prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Dated: February 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–02831 Filed 2–11–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Proposed Rules]
[Pages 9312-9316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02831]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 210205-0014]
RIN 0648-BK27
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch
Sharing Plan for the International Pacific Halibut Commission's
regulatory Area 2A off of Washington, Oregon, and California. In
addition, NMFS proposes to implement management measures governing the
2021 recreational fisheries that are not implemented through the
International Pacific Halibut Commission. These measures include the
recreational fishery seasons, allocations, and management measures for
Area 2A. These actions are intended to conserve Pacific halibut and
provide angler opportunity where available.
DATES: Comments on the proposed rule must be received on or before
March 15, 2021.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0157, by
either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0157, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Barry Thom, c/o Kathryn
Blair, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post them for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender is publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Docket: This rule is accessible via the internet at the Office of
the Federal Register website at https://www.federalregister.gov.
Background information and documents are available at the NMFS West
Coast Region website at https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/fisheries-management-west-coast and at the
Council's website at https://www.pcouncil.org. Other comments received
may be accessed through Regulations.gov.
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 of 1982 (Halibut Act) 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 having
authority for a particular geographic area to develop regulations in
addition to, but not in conflict with, regulations issued by the
International Pacific Halibut Commission (IPHC) to govern the Pacific
halibut catch in U.S. Convention waters (16 U.S.C. 773c(c)).
Since 1988, the Pacific Fishery Management Council (Council) has
developed, and NMFS has approved, 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. In 1995, the Council
recommended, and NMFS approved, a long-term Area 2A Catch Sharing Plan
(60 FR 14651; March 20, 1995). NMFS has been approving 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.
At its annual meeting January 25-29, 2021, the IPHC recommended an
Area 2A catch limit. This catch limit is derived from the total
constant exploitation yield (TCEY), which includes commercial discards
and
[[Page 9313]]
bycatch estimates calculated using a formula developed by the IPHC. As
provided in the Halibut Act at 16 U.S.C. 773b, the Secretary of State,
with the concurrence of the Secretary of Commerce, may accept or
reject, on behalf of the United States, regulations recommended by the
IPHC in accordance with the Convention. Following acceptance by the
Secretary of State, the annual management measures promulgated by the
IPHC are published in the Federal Register to provide notice of their
immediate regulatory effectiveness and to inform persons subject to the
regulations of their restrictions and requirements (50 CFR 300.62). The
rule containing the 2020 IPHC regulations and management measures was
published in the Federal Register on March 13, 2020 (85 FR 14586).
This rule proposes to approve the Council's recommended changes to
the Catch Sharing Plan for IPHC regulatory Area 2A, which affect only
the recreational fishery. In addition, this rule would implement 2021
recreational Pacific halibut fishery management measures, which include
season opening and closing dates, retention of groundfish species,
allowable gear, and opening closed areas that are set in NMFS
regulations. These management measures were developed through the
Council's public process and are detailed below.
Proposed Changes to the 2021 Area 2A Catch Sharing Plan
Each year at the Council's September meeting, members of the public
have an opportunity to propose changes to the Catch Sharing Plan for
consideration by the Council. At the September 2020 Council meeting,
Washington Department of Fish and Wildlife (WDFW), Oregon Department of
Fish and Wildlife (ODFW), and California Department of Fish and
Wildlife (CDFW) proposed changes to the Catch Sharing Plan. The Council
voted to solicit public input on most of the changes recommended by
WDFW, ODFW, and CDFW. Input on these proposed changes was then gathered
through public workshops subsequently held by WDFW and ODFW.
At its November 2020 meeting, the Council considered the input
received through these public workshops on the changes to the Catch
Sharing Plan proposed by WDFW, ODFW, and CDFW, along with other public
input provided at the 2020 September and November Council meetings, and
made its final recommendations for modifications to the Catch Sharing
Plan to NMFS. NMFS proposes to approve all of the Council's recommended
changes to the Catch Sharing Plan as discussed below.
1. In section 6.9.3(h) of the Catch Sharing Plan, the Council
recommended removing prohibition on fishing within two Yelloweye
Rockfish Conservation Areas (YRCAs) to be consistent with West Coast
groundfish regulations. The 2021-2022 groundfish harvest specifications
final rule (85 FR 79880; December 11, 2020) included a modification to
regulations at 50 CFR 660.360(c)(1)(i)(B) and (C) to allow for
recreational fishing for groundfish and halibut within the South Coast
Recreational YRCA and the Westport Offshore Recreational YRCA.
Consistent with the groundfish regulations, this Catch Sharing Plan
change removes the prohibition on recreational groundfish and halibut
fishing in these two YRCAs and removes the description of the YCRAs.
2. In section 6.10(g) of the Catch Sharing Plan, the Council
recommended allowing anglers fishing for Pacific halibut in the
Columbia River subarea in Washington to retain certain midwater
rockfish species, specifically yellowtail, widow, canary, redstriped,
greenstriped, silvergray, chilipepper, bocaccio, and blue/deacon
rockfish, in addition to the species currently allowed for retention.
This change would increase angler opportunity by permitting retention
of more groundfish species than were previously allowed in regulation.
3. In section 6.11.1(g) and 6.11.2(g) of the Catch Sharing Plan,
the Council recommended allowing anglers in Oregon to use long-leader
fishing gear to retain certain groundfish species on the same fishing
trip in which they also participate in the all-depth halibut fishery.
This change would increase angler opportunity by permitting retention
of more species than were previously allowed in regulation.
4. In section 6.12(d) of the Catch Sharing Plan, the Council
recommended changing the season end date on the California Coast from
October 31 to November 15. In 2019, the California recreational fishery
was open May 1 through October 31, and attained around 17,000 pounds of
the 39,000 pound quota. This change provides flexibility to extend the
season by two weeks to allow for additional angler opportunity.
Additional discussion of these changes is included in the materials
submitted to the Council at its September and November meetings,
available at https://www.pcouncil.org/council-meetings/previous-meetings/. A version of the Catch Sharing Plan including these changes
can be found at https://www.pcouncil.org/managed_fishery/pacific-halibut/.
Proposed 2021 Recreational Fishery Management Measures
Following the Council's recommendations in the Catch Sharing Plan,
NMFS also proposes to implement recreational fishery management
measures, including season dates for the 2021 fishery. The Catch
Sharing Plan includes a framework for setting days open for fishing by
subarea, and each state submits final recommended season dates annually
to NMFS during the proposed rule comment period. This proposed rule
contains dates for the recreational (though referred to as ``sport'' in
IPHC documents, ``recreational'' will be used in this rule) fisheries
based on the 2021 Catch Sharing Plan as recommended by the Council. The
season dates preferred for Washington, following input from the public,
are proposed here. The proposed season dates for Oregon are based on
the Catch Sharing Plan framework and season dates from 2020. The
proposed season dates for California are the start and end dates in the
2021 Catch Sharing Plan, including the revised season end date of
November 15. The final rule will provide season dates based on public
comment, including comments from Oregon and California after each state
has concluded its public meetings gathering input on season dates.
Separate from this rule and described above, annual management
measures promulgated by the IPHC 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 IPHC
regulations was published on March 13, 2020 (85 FR 14586), and the
final rule for Area 2A recreational fisheries was published on May 1,
2020 (85 FR 25317). At the 2021 IPHC meeting, the IPHC approved the
2021 halibut regulations. NMFS plans to publish those regulations prior
to the start of the 2021 halibut fishery if approved by the Secretary
of State with concurrence by the Secretary of Commerce.
NMFS proposes the following Area 2A recreational fishery management
measures consistent with the Council's Catch Sharing Plan. After the
opportunity for public comment, NMFS will publish a final rule
approving the Catch Sharing Plan and promulgating the annual management
measures for the Area 2A recreational fishery, as required by
implementing regulations at 50 CFR 300.63(b)(1). The subarea
allocations in this proposed rule are based on the 2021 IPHC halibut
[[Page 9314]]
regulations approved by the IPHC and the allocation formula in the
Council's Catch Sharing Plan.
2021 Annual Recreational Management Measures
The recreational fishing subareas, subquotas, fishing dates, and
daily bag limits are as follows, except as modified under the inseason
actions consistent with 50 CFR 300.63(c). All recreational 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.
Washington Puget Sound and the U.S. Convention Waters in the Strait of
Juan de Fuca
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 78,291 lb (35.5 metric tons (mt)).
(a) The fishing seasons are:
(i) 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 April 22-24, April 29-May 1; May 6-8, 13-15, 20-
22, 28-30; June 3-5, 10-12, 17-19, and 24-26, or until there is not
sufficient quota for another full day of fishing and the area is closed
by the IPHC. Any closure will be announced on the NMFS hotline at (206)
526-6667 or 800-662-9825.
(ii) 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 6, 8, 13, 15, 20, 22, 28-30; June 3-5, 10-
12, 17-19, 24-26, or until there is not sufficient quota for another
full day of fishing and the area is closed by the IPHC. Any closure
will be announced on the NMFS hotline at (206) 526-6667 or 800-662-
9825.
(b) The daily bag limit is one halibut of any size per day per
person.
Washington North Coast Subarea
The quota for landings into ports in the area off the north
Washington coast, west of a line at approximately 124[deg]23.70' W
long. and north of the Queets River (47[deg]31.70' N lat.), is 128,928
lb (58.5 mt).
(a) The fishing seasons are:
(i) Fishing is open May 6, 8, 13, 15, 20, 22, 28, 30; June 3, 5,
10, 12, 17, 19, 24, and 26, or until there is not sufficient quota for
another full day of fishing and the area is closed by the IPHC. Any
closure will be announced on the NMFS hotline at (206) 526-6667 or 800-
662-9825.
(b) The daily bag limit is one halibut of any size per day per
person.
(c) 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).
Washington South Coast Subarea
The quota for landings into ports in the area between the Queets
River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA
(46[deg]38.17' N lat.), is 63,636 lb (28.9 mt).
(a) 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 (the Washington South coast, northern nearshore
area) is defined by straight lines connecting all of the following
points in the order stated as described by the following coordinates:
(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 6, 9, 13, 16, 20, 23, 27;
June 17, 20, 24, 27, or until there is not sufficient quota for another
full day of fishing and the area is closed by the IPHC. 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 seven days per week until 63,636 lb (28.9 mt) is
projected to be taken by the two fisheries combined and the fishery is
closed by the IPHC or on September 30, whichever is earlier. If the
fishery is closed prior to September 30, and there is insufficient
quota remaining to reopen the Washington South coast, northern
nearshore area for another fishing day, then any remaining quota may be
transferred in-season to another Washington coastal subarea by NMFS.
(b) The daily bag limit is one halibut of any size per day per
person.
(c) 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(c).
(d) Recreational fishing for groundfish and halibut is allowed
within the South Coast Recreational YRCA and Westport Offshore
Recreational YRCA. The South Coast Recreational YRCA is defined at 50
CFR 660.70(e). The Westport Offshore Recreational YRCA is defined at 50
CFR 660.70(f).
Columbia River Subarea
The quota for landings into ports in the area between Leadbetter
Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR (45[deg]46.00' N
lat.), is 18,662 lb (8.5 mt).
(a) 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 10, and
continues on Monday, Tuesday, and Wednesday each week until the
nearshore allocation is taken, or on September 30, whichever is
earlier. The all-depth fishing season is open May 6, 9, 13, 16, 20, 23,
27; June 3, 6, 10, 13, 17, 20, 24, 27, or until there is not sufficient
quota for another full day of fishing and the area is closed by the
IPHC, or on 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.
[[Page 9315]]
(b) The daily bag limit is one halibut of any size per day per
person.
(c) 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, yellowtail rockfish, widow
rockfish, canary rockfish, redstriped rockfish, greenstriped rockfish,
silvergray rockfish, chilipepper, bocaccio, blue/deacon rockfish, and
lingcod caught north of the Washington-Oregon border (46[deg]16.00' N
lat.) may be retained when allowed by Pacific Coast groundfish
regulations, during days open to the all-depth Pacific halibut fishery.
Long-leader gear (as defined at 50 CFR 660.351) may be used to retain
groundfish during the all-depth Pacific halibut fishery south of the
Washington-Oregon border, when allowed by Pacific Coast groundfish
regulations.
(d) Taking, retaining, possessing, or landing halibut on groundfish
trips is allowed in the nearshore area on days not open to all-depth
Pacific halibut fisheries.
Oregon Central Coast Subarea
The quota for landings into ports in the area off Oregon between
Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain (42[deg]40.50' N
lat.), is 273,403 lb (124 mt).
(a) The fishing seasons are:
(i) 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 32,808 lb
(14.9 mt), or any inseason revised subquota is estimated to have been
taken and the season is closed by the IPHC, or on 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 50 CFR 660.71(o).
(ii) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 13-15, 20-22, 27-29; June 3-5, and 10-12.
The allocation to the all-depth fishery is 172,244 lb (78.1 mt). If
sufficient unharvested quota remains for additional fishing days, the
season will re-open June 17-19; July 1-3 and 8-10. Notice of the re-
opening will be announced on the NMFS hotline (206) 526-6667 or (800)
662-9825.
(iii) The third season (summer season), which is for the ``all-
depth'' fishery, will be open August 6-7, 19-21; September 2-4; 16-18,
September 30-October 2; October 14-16, 28-30; and will continue until
the combined spring season and summer season quotas in the area between
Cape Falcon and Humbug Mountain, OR, are estimated to have been taken
and the area is closed by the IPHC. NMFS will announce on the NMFS
hotline (206) 526-6667 or (800) 662-9825 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 5, 6, and 7, and ending when
there is insufficient quota remaining, whichever is earlier. If, after
September 7, 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 9, 10, and 11, and ending October 31. After September 7, the
bag limit may be increased to two fish of any size per person, per day.
NMFS will announce on the NMFS hotline (206) 526-6667 or (800) 662-9825
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.
(b) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline (206) 526-6667 or (800) 662-9825 any bag limit changes.
(c) During days open to all-depth halibut fishing when the
groundfish fishery is restricted by depth, when halibut are on board
the vessel, no groundfish, except sablefish, Pacific cod, and other
species of flatfish (sole, flounder, sanddab), may be taken and
retained, possessed or landed, except with long-leader gear (as defined
at Sec. 660.351), when allowed by groundfish regulations. 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 depth restrictions if halibut are on board the vessel.
(d) 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.
(e) 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 50 CFR 660.70(g).
Southern Oregon Subarea
The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg]40.50' N lat.) to the Oregon/California Border
(42[deg]00.00' N lat.) is 8,000 lb (3.6 mt).
(a) The fishing season commences on May 1, and continues 7 days per
week until the subquota is taken, or October 31, whichever is earlier.
(b) The daily bag limit is one halibut per person with no size
limit.
(c) During days open to the Pacific halibut fishery, when halibut
are on board the vessel, no groundfish except sablefish, Pacific cod,
and other species of flatfish (sole, flounder, sanddab), may be taken
and retained, possessed or landed, except with long-leader gear (as
defined at Sec. 660.351) when allowed by groundfish regulations.
California Coast Subarea
The quota for landings into ports south of the Oregon/California
Border (42[deg]00.00' N lat.) and along the California coast is 39,260
lb (17.8 mt).
(a) The fishing season will be open May 1 through November 15, or
until the subarea quota is estimated to have been taken and the season
is closed by the IPHC, whichever is earlier. NMFS will announce any
closure by the IPHC on the NMFS hotline (206) 526-6667 or (800) 662-
9825.
(b) The daily bag limit is one halibut of any size per day per
person.
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 (Council), and the Secretary of Commerce. Section 5
of the Halibut Act
[[Page 9316]]
(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. The proposed
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 proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates. 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.
This rule would revise the recreational Pacific halibut fishery
management measures, such as season dates and catch limits that are set
in NMFS regulations. This proposed rule would open the recreational
fishery with 2021 season dates and subarea allocations impacting
charter boats, anglers, and businesses relying on recreational fishing
across all of Area 2A. This rule also proposes minor changes, including
groundfish species retention, allowable fishing gear, and opening
closed areas, to the recreational halibut fishery, impacting
participants in the Washington, Oregon, and California recreational
subareas. The proposed revisions were uncontroversial throughout the
Council's public process.
In 2020, the IPHC issued 86 licenses to the charterboat fleet for
Area 2A. Analysis of the most recent data available on charterboat
activity indicates that 60 percent of the IPHC charterboat license
holders (around 50 vessels) participate in the Pacific halibut
recreational fishery and may be affected by these regulations as those
vessels operate in Area 2A. Private vessels used for recreational
fishing are not businesses and are therefore not subject to the RFA.
The major impact of halibut management on small entities will
result from the IPHC catch limits, which are determined independently
from this proposed action. This proposed action would implement
management measures including season dates and allocations for the
recreational fishery, and would make minor changes to the Catch Sharing
Plan to provide increased recreational opportunities under the
allocations that result from the Area 2A catch limit. The proposed
changes to the Catch Sharing Plan in this proposed action are minor,
with minimal economic effects. Profitability is more heavily influenced
by the catch limit decision made by the IPHC, with subarea quotas
determined based on the Catch Sharing Plan framework and the allocation
formulae recommended by the Council. Therefore, the proposed rule is
unlikely to affect overall participation in the recreational fisheries
or to change the profitability of the recreational fishery.
Additionally, there are no large entities involved in the halibut
fisheries off of the West Coast. Because this action will only impact
recreational charter vessels, which are small entities, these revisions
will not have a disproportionately negative effect on small entities
versus large entities.
For the reasons described above, NMFS concludes that the proposed
action, if adopted, will not have a significant economic impact on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required, and none has been
prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Dated: February 8, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-02831 Filed 2-11-21; 8:45 am]
BILLING CODE 3510-22-P
