Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures, 21503-21511 [2023-07328]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21503-21511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07328]



[[Page 21503]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230331-0089]
RIN 0648-BL92


Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing 
Plan and Recreational Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule approves 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, this final rule implements management measures governing the 
2023 recreational fisheries that are not implemented through the 
International Pacific Halibut Commission. Management measures include 
the recreational fishery seasons and subarea allocations for Area 2A. 
These actions are intended to conserve Pacific halibut and provide 
angler opportunity where available.

DATES: This rule is effective May 11, 2023. The season dates and bag 
limits in this rule are effective on April 6, 2023. The remaining 
provisions of this final rule are effective on May 11, 2023.

ADDRESSES: Additional information regarding this action may be obtained 
by contacting the Sustainable Fisheries Division, NMFS West Coast 
Region, 500 W Ocean Blvd., Long Beach, CA 90802. 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.

FOR FURTHER INFORMATION CONTACT: Katie Davis, phone: 323-372-2126 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k, gives the Secretary of Commerce (Secretary) responsibility 
for implementing the provisions of the Convention between Canada and 
the United States for the Preservation of the Halibut Fishery of the 
North Pacific Ocean and Bering Sea (Halibut Convention), signed at 
Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending 
the Convention (signed at Washington, DC, on March 29, 1979). 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. 773c). Additionally, as provided in the Halibut Act, the 
Regional Fishery Management Councils having authority for the 
geographic area concerned may develop, and the Secretary of Commerce 
may implement, regulations governing Pacific halibut fishing in in U.S. 
waters that are in addition to, and not in conflict with, approved 
International Pacific Halibut Commission (IPHC) regulations (16 U.S.C. 
773c(c)).
    At its annual meeting held January 22-27, 2023, the IPHC adopted an 
Area 2A fishery constant exploitation yield (FCEY) of 1.52 million 
pounds of Pacific halibut. The FCEY was derived from the total constant 
exploitation yield (TCEY) of 1.65 million pounds for Area 2A, which 
includes commercial discards and bycatch estimates calculated using a 
formula developed by the IPHC. The Area 2A catch limit and commercial 
fishery allocations were adopted by the IPHC and were published in the 
Federal Register on March 7, 2023 (88 FR 14066; March 7, 2023) after 
acceptance by the Secretary of State, with concurrence from the 
Secretary of Commerce, in accordance with 50 CFR 300.62. Additionally, 
the March 7, 2023 (88 FR 14066) final rule contains annual domestic 
management measures and IPHC regulations that are published each year 
under NMFS' authority to implement the Halibut Convention (50 CFR 
300.62). This final rule contains 2023 recreational fishery subarea 
allocations based on the Area 2A catch limit.
    Since 1988, the Pacific Fishery Management Council (Council) has 
developed a Catch Sharing Plan that allocates the IPHC regulatory Area 
2A Pacific halibut catch limit between treaty tribal and non-tribal 
harvesters, and among non-tribal commercial and recreational (sport) 
fisheries. NMFS has implemented at 50 CFR 300.63 et seq. certain 
provisions of the Catch Sharing Plan, and implemented in annual rules 
annual management measures consistent with the Catch Sharing Plan. 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 website.
    This rule approves the changes the Council recommended at its 
November 2022 meeting to the Catch Sharing Plan for Area 2A. The 
recommended changes to the Catch Sharing Plan were developed through 
the Council's public process. The changes to the catch sharing plan 
were detailed in the proposed rule and are not repeated here. This rule 
implements recreational Pacific halibut fishery management measures for 
2023, which include season opening and closing dates. These management 
measures are consistent with the recommendations made by the Council in 
the 2023 Catch Sharing Plan and are detailed below, and season dates 
recommended by the states during the proposed rule public comment 
period.
    Additionally, this rule amends the regulations codified at 50 CFR 
300.63 relating to the Area 2A recreational fishery to include certain 
longstanding provisions in the Catch Sharing Plan. NMFS has previously 
implemented these provisions through the annual management measures; 
they are not new to the fishery. NMFS is also finalizing non-
substantive ``housekeeping'' changes to the codified regulations, to 
ensure they are up to date and clear.

2023 Recreational Fishery Management Measures

    NMFS is implementing recreational fishery management measures 
consistent with the Council's recommendations in the 2023 Catch Sharing 
Plan. If there is any discrepancy between the Catch Sharing Plan and 
federal regulations, federal regulations take precedence. The 
recreational fishing subareas, allocations, fishing dates, and daily 
bag limits are as follows. These provisions may be modified through 
inseason action 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 allocation 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 allocation for the subarea in Puget Sound and the U.S. waters 
in the Strait of Juan de Fuca is 79,031 lb.
    (a) The fishing seasons are structured as follows:
    (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 124[deg]23.70' W 
long., fishing is open

[[Page 21504]]

April 6-10, 13-17, 20-24, and April 27-May 1; May 4-8, 11-15, 18-22, 
and 26-28; and June 1-30. If unharvested allocation remains after June 
30, NMFS may take inseason action to reopen the fishery in August and 
September, up to 7 days per week, or until there is not sufficient 
allocation for another full day of fishing and the area is therefore 
closed. Any closure will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and 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 allocation for landings into ports in the Washington North 
Coast subarea is 129,668 lb.
    (a) Fishing is open May 4, 6, 11, 13, 18, 20, 26, and 28; and June 
1, 3, 8, 10, 15, 17, 22, 24, and 29. If unharvested allocation remains 
after June 30, NMFS may take inseason action to reopen the fishery in 
August and September, up to 7 days per week, or until there is not 
sufficient allocation for another full day of fishing and the area is 
therefore closed. Any closure will be announced in accordance with 
Federal regulations at 50 CFR 300.63(c) and 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 South Coast Subarea

    The allocation for landings into ports in the South Coast subarea 
is 64,376 lb.
    (a) The Washington South Coast primary fishery is open on May 4, 7, 
9, 11, 14, 18, 21, and 25; June 15, 18, 22, and 25. If unharvested 
allocation remains after June 30, NMFS may take inseason action to 
reopen the fishery in August and September, up to 7 days per week, 
until September 30 or until there is not sufficient allocation 
remaining for another full day of fishing and the area is therefore 
closed. Any closure will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. The fishing season in the Washington South 
Coast northern nearshore area commences the Saturday subsequent to the 
closure of the primary fishery in May or June if allocation remains in 
the Washington South Coast subarea allocation, and continues 7 days per 
week until 68,555 lb (31.10 mt) is projected to be taken by the two 
fisheries combined and the fishery is therefore closed or on September 
30, whichever is earlier. If the fishery is closed prior to September 
30, or there is insufficient allocation remaining to reopen the 
Washington South coast, northern nearshore area for another fishing 
day, then any remaining allocation may be transferred in-season to 
another Washington coastal subarea by NMFS, in accordance with Federal 
regulations at 50 CFR 300.63(c).
    (b) The daily bag limit is one halibut of any size per day per 
person.

Columbia River Subarea

    The allocation for landings into ports in the Columbia River 
subarea is 18,875 lb.
    (a) This subarea is divided into an all-depth fishery and a 
nearshore fishery. The all-depth fishery is open May 4, 7, 11, 14, 18, 
21, and 25; and June 1, 4, 8, 11, 15, 18, 22, 25, and 29. If 
unharvested allocation remains after June 30, NMFS may take inseason 
action to reopen the fishery in August and September, or until there is 
not sufficient allocation for another full day of fishing and the area 
is therefore closed. The nearshore fishery is open every Monday, 
Tuesday, and Wednesday beginning Monday May 8 until the nearshore 
allocation is taken, or on September 30, whichever is earlier. Any 
closure will be announced in accordance with Federal regulations at 50 
CFR 300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 662-
9825. Subsequent to this closure, if there is insufficient allocation 
remaining in the Columbia River subarea for another fishing day, then 
any remaining allocation may be transferred inseason to other 
Washington or Oregon subareas by NMFS, in accordance with Federal 
regulations at 50 CFR 300.63(c). Any remaining allocation would be 
transferred to each state in proportion to the allocation formula in 
the Catch Sharing Plan.
    (b) The daily bag limit is one halibut of any size per day per 
person.

Oregon Central Coast Subarea

    The allocation for landings into ports in the Oregon Central Coast 
subarea is 275,214 lb.
    (a) The nearshore fishery is open May 1, 7 days per week, until the 
allocation for the nearshore fishery is estimated to have been taken, 
or until October 31, whichever is earlier. The allocation to the 
nearshore fishery is 33,026 lb.
    (ii) The spring all-depth fishery is open May 1 up to 7 days per 
week until June 30. In the event that there is remaining subarea 
allocation after June 30, the fishery will also be open July 10-16 and 
24-30 or until there is not sufficient allocation remaining for another 
full day of fishing and the area is therefore closed. The allocation to 
the spring all-depth fishery is 173,385 lb.
    (iii) In July, NMFS will announce, in accordance with notice 
procedures in Federal regulations at 50 CFR 300.63(c)(3) and on the 
NMFS hotline (206) 526-6667 or (800) 662-9825, whether the fishery will 
re-open for the summer season in August, based on the overall Area 2A 
allocation. The fishery opens every other week on Thursday, Friday, and 
Saturday: August 3-5; August 17-19; August 31-September 2; September 
14-16; September 28-30; October 12-14; and October 26-28; or until the 
combined spring season and summer season allocations in the Oregon 
Central Coast are estimated to have been taken and the area is 
therefore closed. Any closure will be announced in accordance with 
Federal regulations at 50 CFR 300.63(c) and on the NMFS hotline at 
(206) 526-6667 or (800) 662-9825. Additional fishing days may be opened 
if enough allocation is available to allow for additional fishing days 
after the spring season. After August 1, if 60,000 lb (27.2 mt) or 
greater remains from the combined nearshore, spring, and summer 
allocations, NMFS may take inseason action to open the all-depth 
fishery during months when the bottomfish fishery is not depth-
restricted, up to 7 days a week, and ending when there is insufficient 
allocation remaining or October 31, whichever is earlier. After 
September 6, if 30,000 lb (13.6 mt) or greater remains from the 
combined nearshore, spring, and summer allocations, and the fishery is 
not already open every Thursday, Friday and Saturday, NMFS may take 
inseason action to re-open the fishery every Thursday, Friday, and 
Saturday, beginning September 7, through October 31, until there is not 
sufficient allocation for another full day of fishing and the area is 
closed. NMFS will announce, in accordance with notice procedures at 50 
CFR 300.63(c)(3) and 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 Central Oregon Coast subarea allocation (all-depth and 
nearshore combined) is 275,214 lb. The daily bag limit is one halibut 
per person. NMFS will announce bag limits in accordance with notice 
procedures at 50 CFR 300.63(c)(3) and on the NMFS hotline (206) 526-
6667 or (800) 662-9825.

Southern Oregon Subarea

    The allocation for landings into ports in the Southern Oregon 
subarea is 8,000 lb.

[[Page 21505]]

    (a) The fishery is open May 1, 7 days per week until October 31 or 
the allocation is taken, whichever is earlier.
    (b) The daily bag limit is one halibut per person with no size 
limit, unless otherwise specified through inseason action. NMFS will 
announce any bag limit changes in accordance with notice procedures at 
50 CFR 300.63(c)(3) and on the NMFS hotline (206) 526-6667 or (800) 
662-9825.

California Coast Subarea

    The allocation for landings into ports in the California Coast 
subarea is 39,520 lb.
    (a) The fishery is open May 1 through November 15, or until the 
subarea allocation is estimated to have been taken and the season is 
therefore closed, whichever is earlier. NMFS will announce any closure 
in accordance with notice procedures at Sec.  300.63(c)(3) and 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.

Changes to Codified Regulations

    NMFS is implementing ``housekeeping changes'' to regulations at 50 
CFR 300.63. These changes include non-substantive edits to increase 
clarity of the regulations, updating outdated regulations to more 
accurately reflect the current operations of the fishery, reordering 
paragraphs to improve organization, and codifying certain management 
measures that have been unchanged over many years in the Council's 
Catch Sharing Plan. Further explanation of these changes was provided 
in the proposed rule and is not repeated here.

Comments and Responses

    NMFS published the proposed rule on March 2, 2023 (88 FR 13399) and 
accepted public comments on the Council's recommended modifications to 
the 2023 Area 2A Catch Sharing Plan and the proposed 2023 annual 
management measures through March 20, 2023. NMFS received two 
responsive comments from state agencies--the Oregon Department of Fish 
and Wildlife (ODFW) and the California Department of Fish and Wildlife 
(CDFW)--and has responded below, as well as one comment from a member 
of the public, which was not responsive and is therefore not addressed 
here.
    Comment 1: ODFW submitted a comment recommending final recreational 
fishing season dates for the 2023 season for the Central Oregon Coast 
subarea. ODFW conducted an online survey and public meeting following 
the IPHC annual meeting. Based on the resulting stakeholder input, past 
fishing effort and harvest rates, other fishing opportunities, weather 
impacts, and the risk of exceeding the combined spring and summer 
allocations, ODFW recommended season dates for the spring and summer 
Central Oregon Coast fisheries. For spring, ODFW recommended open dates 
of May 1 through June 30, 7 days per week. In the event that there is 
remaining subarea allocation following the initial open dates, ODFW 
recommended the spring fishery open on July 10-16 and July 24-30. ODFW 
recommended summer fishery dates on August 3-5; August 17-19 and 31; 
September 1-2; September 14-16; September 28-30; October 12-14; and 
October 26-28; or until the total 2023 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 and summer 
season dates NMFS published in the proposed rule and those recommended 
by ODFW. However, based on the rationale provided by ODFW, NMFS has 
modified 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 for the fisheries off of California that NMFS published in the 
proposed rule for the 2023 season. CDFW conducted an online public 
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-
November 15, or until its subarea allocation has been attained, 
whichever comes first.
    Response: NMFS concurs that these season dates are appropriate and 
affirms the recreational fishery season dates off of California in this 
final rule.

Classification

    Under section 773 of the Halibut Act, the Pacific Fishery 
Management Council may develop, and the Secretary of Commerce may 
implement, regulations governing Pacific halibut fishing by U.S. 
fishermen in Area 2A that are in addition to, and not in conflict with, 
approved IPHC regulations (16 U.S.C. 773c(c)). The final rule is 
consistent with the Council and NMFS's authority under the Halibut Act.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS finds good cause to waive the 30-day delay in the date of 
effectiveness and make the 2023 Area 2A recreational fishery management 
measures (i.e., season dates and bag limits) in this rule effective in 
time for the start of recreational Pacific halibut fisheries on April 
6, 2023, pursuant to 5 U.S.C. 553(d)(3). The 2023 Catch Sharing Plan 
provides the framework for the annual management measures and setting 
subarea allocations based on annual catch limits set by the IPHC. This 
rule implements 2023 Area 2A subarea allocations as published in the 
proposed rule (88 FR 13399; March 2, 2023) for the recreational Pacific 
halibut fishery based on the formulas set in the Catch Sharing Plan and 
using the 2023 Area 2A catch limit for Pacific halibut set by the IPHC 
and published by NMFS on March 7, 2023 (88 FR 14066). The remaining 
provisions in this rule, including the changes to the codified 
regulations, will be in effect 30 days following publication of this 
rule.
    Delaying the effective date of the management measures would be 
contrary to the public interest. The Council's 2023 Catch Sharing Plan 
includes changes that respond to the needs of the fisheries in each 
state, including fisheries that begin in early April. The Catch Sharing 
Plan and management measures were developed through multiple public 
meetings of the Council, and were described at the IPHC meeting where 
public comment was accepted. A delay in the effectiveness of these 
measures for 30 days would result in the fisheries not opening on their 
intended timelines and on the dates the affected public are expecting. 
The recreational Pacific halibut fisheries have high participation, and 
some subareas close months before the end of the season due to subarea 
allocation attainment. If the fisheries do not open on their intended 
timelines, fishing opportunity is lost, potentially causing economic 
harm to communities at recreational fishing ports.
    Therefore, a delay in effectiveness of the management measures 
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 these management measures, NMFS 
finds good cause to waive the 30-day delay in the date of effectiveness 
and make the measures effective upon publication in the Federal 
Register.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during

[[Page 21506]]

the proposed rule stage that this action would not have a significant 
economic impact on a substantial number of small entities for purposes 
of the Regulatory Flexibility Act. The factual basis for the 
certification was published in the proposed rule and is not repeated 
here. As a result, a regulatory flexibility analysis was not required 
and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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 3, 2023.
Kelly Denit,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
300, subpart E, 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 definition of ``charter vessel'' to read as 
follows:


Sec.  300.61  Definitions.

    Charter vessel, for purposes of Sec. Sec.  300.65, 300.66, and 
300.67, means a vessel used while providing or receiving sport fishing 
guide services for halibut, and, for purposes of Sec.  300.63, means a 
vessel used for hire in recreational (sport) fishing for Pacific 
halibut, but not including a vessel without a hired operator.
* * * * *

0
3. Revise Sec.  300.63 to read as follows:


Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

    (a) General Provisions. (1) Under 16 U.S.C. 773c, a fishery 
management council may develop regulations governing the domestic 
halibut fishery that do not conflict with the regulations set by the 
International Pacific Halibut Commission. NMFS may approve and 
implement such regulations. The Pacific Fishery Management Council has 
developed a catch sharing plan that provides a framework for allocation 
of Pacific halibut for Area 2A and sets management measures for 
fisheries in Area 2A. NMFS implements annual management measures 
consistent with the catch sharing plan through annual rules published 
in the Federal Register. Long term provisions included in and necessary 
to implement the catch sharing plan are included in the sections that 
follow.
    (2) A portion of the Area 2A non-tribal commercial allocation is 
allocated as incidental catch in the salmon troll fishery in Area 2A 
pursuant to Sec.  300.62. Each year the landing restrictions necessary 
to keep the fishery within its allocation will be recommended by the 
Pacific Fishery Management Council at its spring meetings and will be 
promulgated in the annual salmon management measures described at 660 
Subpart H. This fishery will occur between dates and times listed in 
the annual management measures as described at Sec.  300.62, until 
there is not sufficient allocation and the season is closed by NMFS.
    (3) A portion of the Area 2A Washington recreational (sport) 
allocation is allocated pursuant to Sec.  300.62 as incidental catch in 
the sablefish primary fishery north of 46[deg]53.30' N lat. (Pt. 
Chehalis, Washington), which is regulated under Sec.  660.231. This 
fishing opportunity is only available in years in which the Washington 
recreational allocation is 214,110 lb (97.1 mt) or greater, provided 
that a minimum of 10,000 lb (4.5 mt) is available to the sablefish 
fishery. Each year that this fishing opportunity is available, the 
landing restrictions necessary to keep this fishery within its 
allocation will be recommended by the Pacific Fishery Management 
Council at its spring meetings, and will be published in the Federal 
Register. This fishery will occur between dates and times listed in 
annual management measures as described under Sec.  300.62, until there 
is not sufficient allocation and the season is closed by NMFS.
    (i) In years when the incidental catch of halibut in the sablefish 
primary fishery north of 46[deg]53.30' N lat. is allowed, it is allowed 
only for vessels using longline gear that are registered to groundfish 
limited entry permits with sablefish endorsements and that possess a 
permit issued pursuant to paragraph (d) of this section.
    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 46[deg]53.30' N lat. that were taken and retained as 
incidental catch authorized by this section in the sablefish primary 
fishery.
    (4) The treaty Indian fishery is governed by Sec.  300.64 and 
tribal regulations. The annual allocation for the fishery will be 
announced with the annual management measures as described under Sec.  
300.62.
    (b) Non-Tribal Fishery Election in Area 2A. (1) A non-tribal vessel 
that fishes in Area 2A may participate in only one of the following 
three fisheries in Area 2A:
    (i) The recreational (sport) fishery as established in the annual 
domestic management measures issued pursuant to Sec.  300.62 and 
paragraph c of this subsection;
    (ii) The non-tribal commercial directed fishery for halibut 
established in the annual domestic management measures issued pursuant 
to Sec.  300.62 and paragraph (e) of this section and/or the incidental 
retention of halibut during the sablefish primary fishery described at 
Sec.  660.231; or
    (iii) Incidental catch of halibut during the salmon troll fishery 
as authorized in the annual domestic management measures issued 
pursuant to Sec.  300.62 and 50 CFR part 660, subpart H.
    (2) No person shall fish for halibut in the recreational (sport) 
fishery in Area 2A 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.
    (3) 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 has been used 
during the same calendar year for incidental catch of halibut during 
the salmon troll fishery.
    (4) No person shall fish for halibut in the non-tribal 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 recreational (sport) halibut 
fishery in Area 2A or that is permitted for the recreational (sport) 
charter halibut fishery in Area 2A pursuant to paragraph (d) of this 
section.
    (5) No person shall retain halibut incidentally caught in the 
salmon troll fishery in Area 2A taken on a vessel that, during the same 
calendar year, has been used in the recreational (sport) halibut 
fishery in Area 2A, or that is permitted for the recreational (sport) 
charter halibut fishery in Area 2A pursuant to paragraph (d) of this 
section.
    (6) No person shall retain halibut incidentally caught in the 
salmon troll

[[Page 21507]]

fishery in Area 2A taken on a vessel that, during the same calendar 
year, has been used in the directed commercial halibut fishery and/or 
retained halibut incidentally taken in the sablefish primary fishery 
for Area 2A or that is permitted to participate in these commercial 
fisheries pursuant to paragraph (d) of this section.
    (c) Recreational (sport) halibut fisheries in Area 2A--(1) Annual 
Recreational Fishery Rule. Each year, NMFS will publish a rule to 
govern the annual recreational (sport) fisheries for the following year 
and will seek public comment. The rule will include annual management 
measures, such as annual fishing dates and allocations for each subarea 
within Area 2A. The subareas are defined in paragraph (c)(5) of this 
section. Annual management measures may be adjusted inseason by NMFS 
under paragraph (c)(6) of this section.
    (2) Port of Landing. Any halibut landed into a port counts toward 
the allocation for the subarea in which that port is located, and the 
regulations governing the subarea of landing apply, regardless of the 
specific area of catch.
    (3) Automatic closure of recreational fisheries. NMFS shall 
determine once an area or subarea has attained or is projected to 
attain its area or subarea allocation, and will take automatic action 
to close the fishery, via announcement in the Federal Register and 
concurrent notification on the NMFS hotline at (206) 526-6667 or (800) 
662-9825 and the NOAA Fisheries website. Closures will be determined 
without prior notice or opportunity to comment. These actions are 
nondiscretionary and the impacts must have been previously taken into 
account. Once the effective date of the closure is announced in the 
Federal Register, no person shall land, possess, or retain halibut in 
that area or subarea.
    (4) Groundfish fisheries. Vessels that participate in federal 
recreational groundfish fisheries, including those that fish for and 
retain halibut, are also governed by regulations at 50 CFR 660.360.
    (5) Recreational Fishery Subareas--(i) Washington. The Washington 
recreational fishery is divided into the following subareas:
    (A) Washington Puget Sound and the U.S. Convention waters in the 
Strait of Juan de Fuca. The Washington Puget Sound and the U.S. 
Convention Waters in the Strait of Juan de Fuca subarea is located 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.
    (B) Washington North Coast Subarea. The Washington North Coast 
subarea is located west of a line at approximately 124[deg]23.70' W 
long. and north of the Queets River (47[deg]31.70' N lat.).
    (1) Recreational fishing for 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 defined in groundfish regulations at 50 CFR 660.70(b).
    (2) [Reserved]
    (C) Washington South Coast Subarea. The Washington South Coast 
subarea is located between the Queets River, WA (47[deg]31.70' N lat.), 
and Leadbetter Point, WA (46[deg]38.17' N lat.).
    (1) 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 to 46[deg]58.00' N lat. and 
east of a boundary line approximating the 30-fm (55-m) depth contour. 
The Washington South coast northern nearshore area is defined by 
straight lines connecting the following points in the order stated:

                  Table 1 to Paragraph (c)(5)(i)(C)(1)
------------------------------------------------------------------------
              Point                      N lat.             W long.
------------------------------------------------------------------------
1................................  47[deg]31.70'       124[deg]37.03'
2................................  47[deg]25.67'       124[deg]34.79'
3................................  47[deg]12.82'       124[deg]29.12'
4................................  46[deg]58.00'       124[deg]24.24'
------------------------------------------------------------------------

    (2) Recreational fishing for 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).
    (D) Columbia River Subarea. The Columbia River subarea is located 
between Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, 
OR (45[deg]46.00' N lat.).
    (1) 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 as defined at 50 CFR 660.71(o). The remaining 
area in the Columbia River subarea is the all-depth fishery.
    (2) 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, redstripe 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 at 50 CFR 660.360, during days open to the all-depth 
Pacific halibut fishery.
    (3) 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 at 50 CFR 660.360.
    (ii) Oregon. The Oregon recreational fishery is divided into the 
following subareas:
    (A) Oregon Central Coast Subarea. The Oregon Central Coast Subarea 
is located between Cape Falcon (45[deg]46.00' N lat.) and Humbug 
Mountain (42[deg]40.50' N lat.).
    (1) The nearshore fishery (the ``inside 40-fm'' fishery) occurs 
shoreward of 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).
    (2) During days open to all-depth halibut fishing when the 
groundfish fishery is restricted by depth, when halibut are on board 
the vessel, sablefish, Pacific cod, other species of flatfish (sole, 
flounder, sanddab), may be taken and retained, possessed or landed with 
long-leader gear (as defined at 50 CFR 660.351), when allowed by 
groundfish regulations at 50 CFR 660.360. 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 onboard the vessel. 
During days only open to nearshore halibut fishing, flatfish species 
may not be taken and retained seaward of the 40-fm (73-m) depth contour 
if halibut are on board the vessel.
    (3) 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, as defined at 50 CFR 660.71(o), halibut 
possession and

[[Page 21508]]

retention by vessels operating seaward of a boundary line approximating 
the 40-fm (73-m) depth contour is prohibited.
    (4) Recreational fishing for 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 onboard. The 
Stonewall Bank YRCA is defined at 50 CFR 660.70(g) through (i).
    (B) Southern Oregon Subarea. The Southern Oregon Subarea is located 
south of Humbug Mountain, Oregon (42[deg]40.50' N lat.) to the Oregon/
California Border (42[deg]00.00' N lat.).
    (1) During the recreational halibut all-depth fishery, when the 
groundfish fishery is restricted by depth and halibut are onboard the 
vessel, sablefish, Pacific cod, and other species of flatfish (sole, 
flounder, sanddab) may be retained, possessed, or landed, and 
yellowtail rockfish, widow rockfish, canary rockfish, redstriped 
rockfish, greenstriped rockfish, silvergray rockfish, chilipepper, 
bocaccio, and blue/deacon rockfish may be taken and retained, possessed 
or landed, when caught with long-leader gear (as defined at 50 CFR 
660.351).
    (2) [Reserved]
    (iii) California Coast Subarea. The California Coast Subarea is 
located south of the Oregon/California Border (42[deg]00.00' N lat.) 
and along the California coast.
    (6) Inseason Management for Recreational (Sport) Halibut Fisheries 
in Area 2A. (i) The Regional Administrator, NMFS West Coast Region, 
after consultation with the Pacific Fishery Management Council, the 
Commission, and the affected state(s), may modify regulations during 
the season after making the following determinations:
    (A) The action is necessary to allow allocation objectives to be 
met.
    (B) The action will not result in exceeding the allocation for the 
area.
    (C) If any of the recreational (sport) fishery subareas north of 
Cape Falcon, Oregon are not projected to utilize their respective 
allocations, NMFS may take inseason action to transfer any projected 
unused allocation to another Washington recreational subarea.
    (D) If any of the recreational (sport) fishery subareas south of 
Leadbetter Point, Washington, are not projected to utilize their 
respective allocations by their season ending dates, NMFS may take 
inseason action to transfer any projected unused allocation to another 
Oregon sport subarea.
    (E) If the total estimated yelloweye rockfish bycatch mortality 
from recreational halibut trips in all Oregon subareas is projected to 
exceed 22 percent of the annual Oregon recreational yelloweye rockfish 
harvest guideline, NMFS may take inseason action to reduce yelloweye 
rockfish bycatch mortality in the halibut fishery while allowing 
allocation objectives to be met to the extent possible.
    (ii) Flexible inseason management provisions include, but are not 
limited to, the following:
    (A) Modification of recreational (sport) fishing periods;
    (B) Modification of recreational (sport) fishing bag limits;
    (C) Modification of recreational (sport) fishing size limits;
    (D) Modification of recreational (sport) fishing days per calendar 
week;
    (E) Modification of subarea allocation; and
    (F) Modification of the Stonewall Bank Yelloweye Rockfish 
Conservation Area (YRCA) restrictions off Oregon using YRCA expansions 
as defined in groundfish regulations at 50 CFR 660.70(g) or (h).
    (iii) Notice procedures. Actions taken under this section will be 
published in the Federal Register. Notice of inseason management 
actions will be provided by a telephone hotline administered by the 
West Coast Region, NMFS, at 206-526-6667 or 800-662-9825.
    (iv) Effective dates. (A) Any action issued under this section is 
effective on the date specified in the publication or at the time that 
the action is filed for public inspection with the Office of the 
Federal Register, whichever is later.
    (B) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal Register. 
If the Regional Administrator determines, for good cause, that an 
inseason action must be filed without affording a prior opportunity for 
public comment, public comments will be received for a period of 15 
days after publication of the action in the Federal Register.
    (C) Any inseason action issued under this section will remain in 
effect until the stated expiration date or until rescinded, modified, 
or superseded. However, no inseason action has any effect beyond the 
end of the calendar year in which it is issued.
    (d) Pacific Halibut Permits for IPHC Regulatory Area 2A--(1) 
General. (i) This section applies to persons and vessels that fish for 
Pacific halibut, or land and retain Pacific halibut, in IPHC Regulatory 
Area 2A. No person shall fish for Pacific halibut from a vessel, nor 
land or retain Pacific halibut on board a vessel, used either for 
commercial fishing or as a recreational charter vessel in IPHC 
regulatory area 2A, unless the NMFS West Coast Region has issued a 
permit valid for fishing in IPHC regulatory area 2A for that vessel.
    (ii) A permit issued for a vessel operating in the Pacific halibut 
fishery in IPHC Regulatory Area 2A shall be valid for one of the 
following, per paragraph (b) of this section:
    (A) The incidental catch of Pacific halibut during the salmon troll 
fishery specified in paragraph (a)(2) of this section;
    (B) The incidental catch of Pacific halibut during the sablefish 
fishery specified in paragraph (a)(3) of this section;
    (C) The non-tribal directed commercial fishery during the fishing 
periods specified in paragraph (e)(1) of this section;
    (D) Both the incidental catch of Pacific halibut during the 
sablefish fishery specified in paragraph (a)(3) of this section and the 
non-tribal directed commercial fishery during the fishing periods 
specified in paragraph (e)(1) of this section; or
    (E) The recreational charter fishery.
    (iii) A permit issued under this paragraph (d) is valid only for 
the vessel for which it is registered. A change in ownership, 
documentation, or name of the registered vessel, or transfer of the 
ownership of the registered vessel will render the permit invalid.
    (iv) A vessel owner must contact NMFS if the vessel for which the 
permit is issued is sold, ownership of the vessel is transferred, the 
vessel is renamed, or any other reason for which the documentation of 
the vessel is changed as the change would invalidate the current 
permit. A new permit application is required if there is a change in 
any documentation of the vessel. To submit a new permit application, 
follow the procedures outlined under paragraph (d)(2) of this section. 
If the documentation of the vessel is changed after the deadline to 
apply for a permit has passed as described at paragraph (d)(2)(ii) of 
this section, the vessel owner may contact NMFS and provide information 
on the reason for the documentation change and all permit application 
information described at paragraph (d)(2) of this section. NMFS may 
issue a permit, or decline to issue a permit and the applicant may 
appeal per paragraph (d)(3) of this section.
    (v) A permit issued under this paragraph (d) must be carried on 
board

[[Page 21509]]

that vessel at all times and the vessel operator shall allow its 
inspection by any authorized officer. The format of this permit may be 
electronic or paper.
    (vi) No individual may alter, erase, mutilate, or forge any permit 
or document issued under this section. Any such permit or document that 
is intentionally altered, erased, mutilated, or forged is invalid.
    (vii) A permit issued under this paragraph (d) is valid only during 
the calendar year (January 1-December 31) for which it was issued.
    (viii) NMFS may suspend, revoke, or modify any permit issued under 
this section under policies and procedures in title 15 CFR part 904, or 
other applicable regulations in this chapter.
    (2) Applications--(i) Application form. To obtain a permit, an 
individual must submit a complete permit application to the NMFS West 
Coast Region Sustainable Fisheries Division (NMFS) through the NOAA 
Fisheries Pacific halibut permits web page at https://www.fisheries.noaa.gov/permit/pacific-halibut-permits. A complete 
application consists of:
    (A) An application form that contains valid responses for all data 
fields, including information and signatures.
    (B) A current copy of the U.S. Coast Guard Documentation Form or 
state registration form or current marine survey.
    (C) Payment of required fees as discussed in paragraph (d)(2)(iv) 
of this section.
    (D) Additional documentation NMFS may require as it deems necessary 
to make a determination on the application.
    (ii) Deadlines. (A) Applications for permits for the directed 
commercial fishery in Area 2A must be received by NMFS no later than 
2359 PST on February 15, or by 2359 PST the next business day in 
February if February 15 is a Saturday, Sunday, or Federal holiday.
    (B) Applications for permits that allow for incidental catch of 
Pacific halibut during the salmon troll fishery or the sablefish 
primary fishery in Area 2A must be received by NMFS no later than 2359 
PST March 1, or by 2359 PST the next business day in March if March 1 
is a Saturday, Sunday, or Federal holiday.
    (C) Applications for permits for recreational charter vessels, 
which allow for catch of Pacific halibut during the recreational 
fishery, must be received a minimum of 15 days before intending to 
participate in the fishery, to allow for processing the permit 
application.
    (iii) Application review and approval. NMFS shall issue a vessel 
permit upon receipt of a completed permit application submitted on the 
NOAA Fisheries website no later than the day before the start date of 
the fishery the applicant selected. If the application is not approved, 
NMFS will issue an initial administrative decision (IAD) that will 
explain the denial in writing. The applicant may appeal NMFS' 
determination following the process at paragraph (d)(3) of this 
section. NMFS will decline to act on a permit application that is 
incomplete or if the vessel or vessel owner is subject to sanction 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and 
implementing regulations at 15 CFR part 904, subpart D.
    (iv) Permit fees. The Regional Administrator may charge fees to 
cover administrative expenses related to processing and issuance of 
permits, processing change in ownership or change in vessel 
registration, divestiture, and appeals of permits. The amount of the 
fee is determined in accordance with the procedures of the NOAA Finance 
Handbook for determining administrative costs. Full payment of the fee 
is required at the time a permit application is submitted.
    (3) Appeals. In cases where the applicant disagrees with NMFS' 
decision on a permit application, the applicant may appeal that 
decision to the Regional Administrator. This paragraph (d)(3) describes 
the procedures for appealing the IAD on permit actions made in this 
title under this subpart.
    (i) Who may appeal? Only an individual who received an IAD that 
disapproved any part of their application may file a written appeal. 
For purposes of this section, such individual will be referred to as 
the ``permit applicant.''
    (ii) Appeal process. (A) The appeal must be in writing, must allege 
credible facts or circumstances to show why the criteria in this 
subpart have been met, and must include any relevant information or 
documentation to support the appeal. The permit applicant may request 
an informal hearing on the appeal.
    (B) Appeals must be mailed or faxed to: National Marine Fisheries 
Service, West Coast Region, Sustainable Fisheries Division, ATTN: 
Appeals, 7600 Sand Point Way NE, Seattle, WA 98115; Fax: 206-526-6426; 
or delivered to National Marine Fisheries Service at the same address.
    (C) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, and may 
request additional information to allow action on the appeal.
    (D) Upon receipt of sufficient information, the Regional 
Administrator will decide the appeal in accordance with the permit 
provisions set forth in this section at the time of the application, 
based upon information relative to the application on file at NMFS and 
any additional information submitted to or obtained by the Regional 
Administrator, the summary record kept of any hearing and the hearing 
officer's recommended decision, if any, and such other considerations 
as the Regional Administrator deems appropriate. The Regional 
Administrator will notify all interested persons of the decision, and 
the reasons for the decision, in writing, normally within 30 days of 
the receipt of sufficient information, unless additional time is needed 
for a hearing.
    (E) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing to the applicant. The appellant, and, at the 
discretion of the hearing officer, other interested persons, may appear 
personally or be represented by counsel at the hearing and submit 
information and present arguments as determined appropriate by the 
hearing officer. Within 30 days of the last day of the hearing, the 
hearing officer shall recommend in writing a decision to the Regional 
Administrator.
    (F) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 
days of receipt of the hearing officer's recommended decision. The 
Regional Administrator's decision will constitute the final 
administrative action by NMFS on the matter.
    (iii) Timing of appeals. (A) For permits issued under this 
paragraph (d), if an applicant appeals an IAD, the appeal must be 
postmarked, faxed, or hand delivered to NMFS no later than 60 calendar 
days after the date on the IAD. If the applicant does not appeal the 
IAD within 60 calendar days, the IAD becomes the final decision of the 
Regional Administrator acting on behalf of the Secretary of Commerce.
    (B) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Regional Administrator for good 
cause, either

[[Page 21510]]

upon his or her own motion or upon written request from the appellant 
stating the reason(s) therefore.
    (iv) Address of record. For purposes of the appeals process, NMFS 
will establish as the address of record, the address used by the permit 
applicant in initial correspondence to NMFS. Notifications of all 
actions affecting the applicant after establishing an address of record 
will be mailed to that address, unless the applicant provides NMFS, in 
writing, with any changes to that address. NMFS bears no responsibility 
if a notification is sent to the address of record and is not received 
because the applicant's actual address has changed without notification 
to NMFS.
    (v) Status of permits pending appeal. (A) For all permit actions, 
the permit registration remains as it was prior to the request until 
the final decision has been made.
    (B) [Reserved]
    (e) Non-tribal directed commercial fishery management. Each year a 
portion of Area 2A's overall fishery limit is allocated consistent with 
the Pacific Fishery Management Council's Catch Sharing Plan to the non-
tribal directed commercial fishery and published pursuant to Sec.  
300.62. The non-tribal directed commercial fishery takes place in the 
area south of Point Chehalis, WA (46[deg]53.30' N lat.).
    (1) Management measures. Annually, NMFS will determine and publish 
in the Federal Register annual management measures for the upcoming 
fishing year for the non-tribal directed commercial fishery. This will 
include dates and lengths for the fishing periods for the Area 2A non-
tribal directed commercial fishery, as well as the associated fishing 
period limits.
    (i) Fishing periods. NMFS will determine the fishing periods, e.g., 
dates and/or hours that permittees may legally harvest halibut in Area 
2A, on an annual basis. This determination will take into account any 
recommendations provided by the Pacific Fishery Management Council and 
comments received by the public during the public comment period on the 
proposed annual management measures rule. The intent of these fishing 
periods is to ensure the Area 2A Pacific halibut directed commercial 
allocation is achieved but not exceeded.
    (ii) Fishing period limits. NMFS will establish fishing period 
limits, e.g., the maximum amount of Pacific halibut that a vessel may 
retain and land during a specific fishing period, and assign those 
limits according to vessel class for each fishing period. Fishing 
period limits may be different across vessel classes (except as 
described in paragraph (e)(1)(iii) of this section). NMFS will 
determine fishing period limits following the considerations listed in 
paragraph (e)(1)(ii)(A) of this section. The intent of these fishing 
period limits is to ensure that the Area 2A commercial directed fishery 
does not exceed the directed commercial allocation, while attempting to 
provide fair and equitable access across fishery participants to an 
attainable amount of harvest. The limits will be published in annual 
management measures rules in the Federal Register along with a 
description of the considerations used to determine them.
    (A) Considerations. When determining fishing period(s) and 
associated fishing period limits for the directed commercial fishery, 
NMFS will consider the following factors:
    (1) The directed commercial fishery allocation;
    (2) Vessel class;
    (3) Number of fishery permit applicants and projected number of 
participants per vessel class;
    (4) The average catch of vessels compared to past fishing period 
limits;
    (5) Other relevant factors.
    (B) Vessel classes. Vessel classes are based on overall length 
(defined at 46 CFR 69.9) shown in the following table:

                   Table 2 to Paragraph (e)(1)(ii)(B)
------------------------------------------------------------------------
        Overall length (in feet)                   Vessel class
------------------------------------------------------------------------
1-25....................................  A
26-30...................................  B
31-35...................................  C
36-40...................................  D
41-45...................................  E
46-50...................................  F
51-55...................................  G
56+.....................................  H
------------------------------------------------------------------------

    (iii) Inseason action to add fishing periods and associated fishing 
period limits. Fishing periods in addition to those originally 
implemented at the start of the fishing year may be warranted in order 
to provide the fishery with opportunity to achieve the Area 2A directed 
commercial fishery allocation, if performance of the fishery during the 
initial fishing period(s) is different than expected and the directed 
commercial allocation is not attained through the initial period(s). If 
NMFS makes the determination that sufficient allocation remains to 
warrant additional fishing period(s) without exceeding the allocation 
for the Area 2A directed commercial fishery, the additional fishing 
period(s) and fishing period limits may be added during the fishing 
year. If NMFS determines fishing period(s) in addition to those 
included in an annual management measures rule is warranted, NMFS will 
set the fishing period limits equal across all vessel classes. The 
fishing period(s) and associated fishing period limit(s) will be 
announced in the Federal Register and concurrent publication on the 
hotline. If the amount of directed commercial allocation remaining is 
determined to be insufficient for an additional fishing period, the 
allocation is considered to be taken and the fishery will be closed, as 
described at paragraph (e)(2) of this section.
    (2) Automatic closure of the non-tribal directed commercial 
fishery. The NMFS Regional Administrator or designee will initiate 
automatic management actions without prior public notice or opportunity 
to comment. These actions are nondiscretionary and the impacts must 
have been previously been taken into account.
    (i) If NMFS determines that the non-tribal directed commercial 
fishery has attained its annual allocation or is projected to attain 
its allocation if additional fishing was to be allowed, the Regional 
Administrator will take automatic action to close the fishery, via 
announcement in the Federal Register and concurrent notification on the 
telephone hotline at 206-526-6667 or 800-662-9825.
    (ii) [Reserved]
    (f) Area 2A Non-Treaty Commercial Fishery Closed Areas. (1) Non-
treaty commercial vessels operating in the directed commercial fishery 
for halibut in Area 2A are required to fish outside a closed area, 
known as the nontrawl Rockfish Conservation Area (RCA), that extends 
along the coast from the U.S./Canada border south to 40[deg]10' N lat. 
Between the U.S./Canada border and 46[deg]16' N lat., the eastern 
boundary of the nontrawl RCA, is the shoreline. Between 46[deg]16' N 
lat. and 40[deg]10' N lat., the nontrawl RCA is defined along an 
eastern boundary by a line approximating the 30-fm (55-m) depth 
contour. Coordinates for the 30-fm (55-m) boundary are listed at 50 CFR 
660.71(e). Between the U.S./Canada border and 40[deg]10' N lat., the 
nontrawl RCA is defined along a western boundary approximating the 100-
fm (183-m) depth contour. Coordinates for the 100-fm (183-m) boundary 
are listed at 50 CFR 660.73(a).
    (2) Vessels that incidentally catch halibut while fishing in the 
sablefish primary fishery are required to follow area closures and gear 
restrictions defined in the groundfish regulations. It is unlawful to 
retain, possess or land halibut with limited entry fixed gear within 
the North Coast Commercial Yelloweye Rockfish Conservation Area

[[Page 21511]]

as defined at 50 CFR 660.230. Coordinates for the North Coast 
Commercial YRCA are specified in groundfish regulations at 50 CFR 
660.70.
    (3) Vessels that incidentally catch halibut while fishing in the 
salmon troll fishery are required to follow area and gear restrictions 
defined in the groundfish regulations at 50 CFR 660.330. It is unlawful 
for a commercial salmon troll vessel to retain, possess, or land 
halibut within the Salmon Troll YRCA with salmon troll gear. 
Coordinates for the Salmon Troll YRCA are specified in groundfish 
regulations at 50 CFR 660.70, and in salmon regulations at 50 CFR 
660.405.

[FR Doc. 2023-07328 Filed 4-6-23; 8:45 am]
BILLING CODE 3510-22-P