Pacific Halibut Fisheries of the West Coast; Management Measures for the 2023 Area 2A Pacific Halibut Directed Commercial Fishery, 22992-22995 [2023-07860]
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
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[FR Doc. 2023–06998 Filed 4–13–23; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3015, 3016, and 3052
[Docket No. DHS–2009–005]
RIN 1601–AA43
Revision of Department of Homeland
Security Acquisition Regulation;
Limitations on Subcontracting in
Emergency Acquisitions (HSAR Case
2009–005); Withdrawal
Office of the Chief Procurement
Officer, Department of Homeland
Security (DHS).
ACTION: Notice of proposed rulemaking;
withdrawal.
AGENCY:
DHS is withdrawing a
proposed rule titled ‘‘Revision of
Department of Homeland Security
Acquisition Regulation; Limitations on
Subcontracting in Emergency
Acquisitions (HSAR Case 2009–005)’’
and providing notice of its cancellation.
The notice of proposed rulemaking
proposed to amend the Homeland
Security Acquisition Regulation (HSAR)
to implement a law that limited the use
of subcontractors on costreimbursement type contracts entered
into by the Department to facilitate the
response to or recovery from a natural
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proposed rule because Congress has
since repealed this provision. Thus,
DHS will not take any further action on
this proposal.
DATES: The proposed rule published on
June 9, 2010 (75 FR 32723), is
withdrawn as of April 14, 2023.
ADDRESSES: Mail: Department of
Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation, ATTN: Catherine
Benavides, 245 Murray Drive, Bldg. 410
(RDS), Washington, DC 20528.
Ms.
Catherine Benavides, Procurement
Analyst, DHS, Office of the Chief
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email HSAR@hq.dhs.gov. When using
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the ‘‘Subject’’ line.
SUPPLEMENTARY INFORMATION: On June 9,
2010, DHS proposed to amend the
HSAR, 48 CFR parts 3015, 3016, and
3052, to propose regulations to
implement Public Law 109–295, PostKatrina Emergency Management Reform
Act (PKERMA), title VI, section 692,
Limitations on Tiering of
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Government-wide changes to the
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making section 692 unnecessary.
Subsequently Congress repealed section
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FOR FURTHER INFORMATION CONTACT:
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Homeland Security.
[FR Doc. 2023–07674 Filed 4–13–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
SUMMARY:
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National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 230410–0095; RTID 0648–
XC711]
Pacific Halibut Fisheries of the West
Coast; Management Measures for the
2023 Area 2A Pacific Halibut Directed
Commercial Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
harvest specifications and management
measures for the 2023 non-tribal
directed commercial Pacific halibut
fishery that operates south of Point
Chehalis, WA (46°53.30′ N lat.) in the
International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California.
Specifically, NMFS is proposing the
2023 directed commercial fishing
periods and fishing period catch limits
SUMMARY:
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
by vessel size class. The proposed
action includes two 58-hour fishing
periods for the directed commercial
fishery. The first fishing period would
begin at 0800 hours on June 27 and
close at 1800 hours on June 29. The
second fishing period would start at
0800 hours on July 11 and close at 1800
hours on July 13. Additionally, NMFS is
proposing four catch limit
apportionments across eight vessel size
classes (A–H) for both fishing periods.
These actions are intended to conserve
Pacific halibut and provide fishing
opportunity where available.
DATES: Comments must be received by
May 15, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0006, by any of the
following method:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2023–0006 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit written comments to
Scott M. Rumsey, Acting Regional
Administrator, c/o Katie Davis, West
Coast Region, NMFS, 500 W Ocean
Blvd., Long Beach, CA 90802.
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.federal
register.gov. Background information
and documents are available at the
NMFS West Coast Region website at
https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/fisheriesmanagement-west-coast and at the
Council’s website at https://
www.pcouncil.org. Other comments
received may be accessed through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Katie Davis, West Coast Region, NMFS,
(323) 372–2126, katie.davis@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Background
The Northern Pacific Halibut Act of
1982 (Halibut Act), 16 U.S.C. 773–773k,
gives the Secretary of Commerce
(Secretary) general 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 shall adopt regulations as
may be necessary to carry out the
purposes and objectives of the Halibut
Convention and Halibut Act. 16 U.S.C.
773c. The Assistant Administrator for
Fisheries, National Oceanic and
Atmospheric Administration (NOAA),
on behalf of the IPHC, publishes annual
management measures governing the
Pacific halibut fishery that have been
recommended by the International
Pacific Halibut Commission (IPHC) and
accepted by the Secretary of State, with
concurrence from the Secretary of
Commerce. These management
measures include coastwide and areaspecific mortality limits (also known as
allocations and subarea allocations),
coastwide season dates, gear
restrictions, Pacific halibut size limits
for retention, and logbook requirements,
among others. The IPHC apportions
allocations for the Pacific halibut fishery
among regulatory areas: Area 2A
(Washington, Oregon, and California),
Area 2B (British Columbia), Area 2C
(Southeast Alaska), Area 3A (Central
Gulf of Alaska), Area 3B (Western Gulf
of Alaska), and Area 4 (subdivided into
5 areas, 4A through 4E, in the Bering
Sea and Aleutian Islands of Western
Alaska).
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
harvesting privileges among U.S.
fishermen in U.S. waters that are in
addition to, and not in conflict with,
approved IPHC regulations (16 U.S.C.
773c(c)). The Pacific Fishery
Management Council (Council) has
exercised this authority by developing a
catch sharing plan guiding the
allocation of halibut across the various
sectors and management of fisheries for
the IPHC’s regulatory Area 2A. 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 (689.46
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22993
mt) of Pacific halibut. NMFS published
this catch limit and fishery allocations
in the Federal Register on March 7,
2023 (88 FR 14066) after acceptance by
the Secretary of State, with concurrence
from the Secretary of Commerce, in
accordance with 50 CFR 300.62. 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. Based
on this FCEY for Area 2A and the
allocation framework in the Council’s
catch sharing plan, the IPHC also
adopted a non-tribal directed
commercial fishing allocation of
257,819 pounds (116.94 mt).
In previous years, the IPHC also
issued commercial fishing licenses and
promulgated annual management
measures that established fishing
periods and fishing period catch limits
for the non-tribal directed commercial
fishery that operates in Area 2A south
of Point Chehalis, WA (46°53.30′ N lat.).
Fishing period limits were assigned by
vessel size class based on the number of
permits issued, the allocation, and prior
year participation. Between 2017 and
2020, NMFS, the IPHC, and the Council
discussed transitioning specific
management activities of the Area 2A
fishery from IPHC to NMFS as NMFS
and the Council were seen as being able
to better address the overlap of Pacific
halibut management with domestic
fisheries (e.g., groundfish and salmon).
Effective January 4, 2023, NMFS
published a final rule that transitioned
the Area 2A directed commercial fishery
permitting and management activities
from the IPHC to NMFS (87 FR 74322;
December 5, 2022). The rule established
the regulatory framework by which
NMFS is proposing the following 2023
management measures for the directed
commercial fishery.
2023 Directed Commercial Fishing
Periods
Fishing periods are the time during
the annual halibut season when fishing
for Pacific halibut is allowed, and may
span multiple days. At its November
2022 meeting, the Council discussed the
2023 directed commercial season
structure and recommended that NMFS
establish fishing periods consistent with
their recent years’ recommendations to
the IPHC; specifically, that the directed
commercial fishing season operate as a
series of 3-day openings, beginning at
8:00 a.m. on the fourth Tuesday in June,
and ending at 6:00 p.m. on Thursday of
that week. Based on this
recommendation, NMFS is proposing to
open the 2023 directed commercial
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fishery for 58 hours, beginning on June
27 at 8:00 a.m. and closing on June 29
at 6:00 p.m. The second fishery opening
would occur 2 weeks later, beginning on
July 11 at 8:00 a.m. and closing on July
13 at 6:00 p.m. Following these two
fishing periods, if the fishery has not
attained nor is projected to have
attained the directed commercial
allocation, NMFS may determine that
subsequent fishing period(s) are
necessary to attain the allocation. Any
additional fishing period(s) and
applicable fishing period limits will be
announced in the Federal Register
through inseason action.
2023 Directed Commercial Vessel
Limits
A fishing period limit, or vessel limit,
is the maximum amount of Pacific
halibut that may be retained and landed
by a vessel during one fishing period.
Each vessel may retain no more than the
current fishing period limit of Pacific
halibut for its vessel class, which is
determined by vessel length. NMFS is
proposing directed commercial fishing
period limits based on the allocation for
the directed commercial fishery in Area
2A and the number of permits issued by
vessel size class, which is similar to the
criteria the IPHC used to set fishing
periods and fishing period limits. Vessel
limits are proposed by vessel size class
based on the number and sizes of the
vessels for which permits were issued,
as well as historical participation, and
are intended to ensure that the Area 2A
directed commercial fishery does not
exceed the directed commercial
allocation, while also providing fair and
equitable access across participants to
an attainable amount of harvest. The
2023 Pacific halibut directed
commercial fishery permit application
deadline was February 14, 2023. NMFS
received 154 applications across eight
vessel size classes (A–H). If NMFS
determines fishing period(s) in addition
to those proposed in this rule is
warranted, NMFS will set the fishing
period limits equal across all vessel
classes. If NMFS determines that the
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 action
to close the fishery.
2023 Non-Tribal Directed Commercial
Fishery Management Measures
The Area 2A non-tribal directed
commercial fishery south of Point
Chehalis, WA (46°53.30′ N lat.) would
open on June 27 at 8:00 a.m. and close
on June 29 at 6:00 p.m. and would open
July 11 at 8:00 a.m. and close on July 13
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at 6:00 p.m. The fishery may be adjusted
inseason consistent with 50 CFR 300.63.
TABLE 1—VESSEL LIMITS BY SIZE
CLASS FOR THE 2023 FIRST AND
SECOND FISHING PERIODS OF THE
AREA 2A PACIFIC HALIBUT NONTRIBAL
DIRECTED
COMMERCIAL
FISHERY
Vessel
class
Length range
(feet)
A ...............
B ...............
C ...............
D ...............
E ...............
F ................
G ...............
H ...............
1–25
26–30
31–35
36–40
41–45
46–50
51–55
65+
Fishing
period limit
(pounds)
2,716
2,716
2,716
4,092
4,092
5,454
5,454
6,136
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the IPHC, the Council, the
North Pacific Fishery Management
Council, and the Secretary of
Commerce. Section 5 of the Halibut Act
(16 U.S.C. 773c(c)) allows the Regional
Council, having authority for a
particular geographical area, to develop
regulations governing the allocation and
catch of halibut in U.S. Convention
waters as long as those regulations do
not conflict with IPHC regulations.
This action is exempt from review
under E.O. 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,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing
(North American Industry Classification
System (NAICS) code 114111) is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $25 million for all its affiliated
operations worldwide. The entities that
would be affected by the proposed
action are those vessels that harvest
Pacific halibut as part of the non-tribal
directed commercial fishery and are all
considered small businesses under the
above size standards.
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This proposed rule, if adopted, would
establish the 2023 Area 2A non-tribal
directed commercial fishery
management measures; specifically, the
fishing periods and fishing period
limits.
There are no large entities involved in
the halibut fisheries off the West Coast.
In 2022, the IPHC issued 202 licenses to
the commercial fishing fleet for the Area
2A non-tribal directed commercial
fishery. Of those 202 vessels that
obtained licenses, 39 percent (78
vessels) participated in the fishery.
NMFS expects that a similar proportion
of vessels will participate in the fishery
this year and may be affected by these
regulations. Cost data for the harvesting
operations of non-tribal commercial
halibut vessels is limited or unavailable.
However, for 2022, the non-tribal
directed allocation was 252,730 pounds
(114.6 mt), of which approximately
250,674 pounds (113.7 mt) of halibut
were harvested with an estimated exvessel value of approximately $1.68
million. Therefore, NMFS considers all
vessels affected by this action to be
small entities.
Since this action will only impact
commercial fishing vessels, which in
the Pacific halibut fishery are small
entities, none of these changes will have
a disproportionately negative effect on
small entities versus large entities.
Because each affected vessel is a small
business, this proposed rule is
considered to equally affect all of these
small entities in the same manner.
Therefore, this rule, if adopted, would
not create disproportionate costs
between small and large vessels/
businesses.
The major effect of halibut
management on small entities will be
from the Area 2A allocation decided by
the IPHC; a decision independent from
this proposed action. This action
proposes fishing periods and fishing
period limits for the 2023 non-tribal
directed commercial fishery consistent
with recommendations from the Council
to provide commercial harvest
opportunities under the allocations that
result from the Area 2A catch limit
determined by the IPHC. NMFS is
proposing specifications that were
established by the IPHC in previous
years; any differences between the
IPHC’s management measures and those
NMFS is proposing are considered
minor, with minimal economic effects.
Profitability is largely based on the Area
2A allocation decided by the IPHC, with
subarea allocations determined based on
the allocation formulae in the Council’s
catch sharing plan. Therefore, the
proposed rule, if adopted, is unlikely to
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affect the profitability of the commercial
fishery.
The Area 2A non-tribal directed
commercial fishery allocation for 2023
is 257,819 pounds (116.94 mt) for 2023,
which is 2 percent higher than in 2022.
This proposed rule, if adopted, is
unlikely to affect overall participation in
the directed commercial fishery since
this action maintains an allocation
similar to previous years. Since
profitability is dependent on the amount
of allocation available and market forces
independent of this action, it is highly
unlikely that this allocation would limit
the fleet’s potential profitability from
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catching halibut compared to last season
or recent catch levels. Accordingly,
vessel income from fishing is not
expected to be altered as a result of this
rule as it compares to recent catches in
the fishery, including under the
previous season’s regulations.
Based on the disproportionality and
profitability analysis above, the
proposed action, if adopted, will not
have adverse or disproportional
economic impact on these small
business entities. As a result, an Initial
Regulatory Flexibility Analysis is not
required, and none has been prepared.
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22995
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act. There are no relevant
Federal rules that may duplicate,
overlap, or conflict with the proposed
action.
Authority: 16 U.S.C. 773–773k.
Dated: April 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–07860 Filed 4–13–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22992-22995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07860]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230410-0095; RTID 0648-XC711]
Pacific Halibut Fisheries of the West Coast; Management Measures
for the 2023 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement harvest specifications and
management measures for the 2023 non-tribal directed commercial Pacific
halibut fishery that operates south of Point Chehalis, WA
(46[deg]53.30' N lat.) in the International Pacific Halibut
Commission's regulatory Area 2A off Washington, Oregon, and California.
Specifically, NMFS is proposing the 2023 directed commercial fishing
periods and fishing period catch limits
[[Page 22993]]
by vessel size class. The proposed action includes two 58-hour fishing
periods for the directed commercial fishery. The first fishing period
would begin at 0800 hours on June 27 and close at 1800 hours on June
29. The second fishing period would start at 0800 hours on July 11 and
close at 1800 hours on July 13. Additionally, NMFS is proposing four
catch limit apportionments across eight vessel size classes (A-H) for
both fishing periods. These actions are intended to conserve Pacific
halibut and provide fishing opportunity where available.
DATES: Comments must be received by May 15, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0006, by any of the following method:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2023-0006 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments to Scott M. Rumsey, Acting
Regional Administrator, c/o Katie Davis, West Coast Region, NMFS, 500 W
Ocean Blvd., Long Beach, CA 90802.
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 www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS,
(323) 372-2126, [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) general
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 shall adopt
regulations as may be necessary to carry out the purposes and
objectives of the Halibut Convention and Halibut Act. 16 U.S.C. 773c.
The Assistant Administrator for Fisheries, National Oceanic and
Atmospheric Administration (NOAA), on behalf of the IPHC, publishes
annual management measures governing the Pacific halibut fishery that
have been recommended by the International Pacific Halibut Commission
(IPHC) and accepted by the Secretary of State, with concurrence from
the Secretary of Commerce. These management measures include coastwide
and area-specific mortality limits (also known as allocations and
subarea allocations), coastwide season dates, gear restrictions,
Pacific halibut size limits for retention, and logbook requirements,
among others. The IPHC apportions allocations for the Pacific halibut
fishery among regulatory areas: Area 2A (Washington, Oregon, and
California), Area 2B (British Columbia), Area 2C (Southeast Alaska),
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and
Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and
Aleutian Islands of Western Alaska).
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 harvesting privileges among U.S. fishermen in U.S. waters
that are in addition to, and not in conflict with, approved IPHC
regulations (16 U.S.C. 773c(c)). The Pacific Fishery Management Council
(Council) has exercised this authority by developing a catch sharing
plan guiding the allocation of halibut across the various sectors and
management of fisheries for the IPHC's regulatory Area 2A. 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
(689.46 mt) of Pacific halibut. NMFS published this catch limit and
fishery allocations in the Federal Register on March 7, 2023 (88 FR
14066) after acceptance by the Secretary of State, with concurrence
from the Secretary of Commerce, in accordance with 50 CFR 300.62. 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.
Based on this FCEY for Area 2A and the allocation framework in the
Council's catch sharing plan, the IPHC also adopted a non-tribal
directed commercial fishing allocation of 257,819 pounds (116.94 mt).
In previous years, the IPHC also issued commercial fishing licenses
and promulgated annual management measures that established fishing
periods and fishing period catch limits for the non-tribal directed
commercial fishery that operates in Area 2A south of Point Chehalis, WA
(46[deg]53.30' N lat.). Fishing period limits were assigned by vessel
size class based on the number of permits issued, the allocation, and
prior year participation. Between 2017 and 2020, NMFS, the IPHC, and
the Council discussed transitioning specific management activities of
the Area 2A fishery from IPHC to NMFS as NMFS and the Council were seen
as being able to better address the overlap of Pacific halibut
management with domestic fisheries (e.g., groundfish and salmon).
Effective January 4, 2023, NMFS published a final rule that
transitioned the Area 2A directed commercial fishery permitting and
management activities from the IPHC to NMFS (87 FR 74322; December 5,
2022). The rule established the regulatory framework by which NMFS is
proposing the following 2023 management measures for the directed
commercial fishery.
2023 Directed Commercial Fishing Periods
Fishing periods are the time during the annual halibut season when
fishing for Pacific halibut is allowed, and may span multiple days. At
its November 2022 meeting, the Council discussed the 2023 directed
commercial season structure and recommended that NMFS establish fishing
periods consistent with their recent years' recommendations to the
IPHC; specifically, that the directed commercial fishing season operate
as a series of 3-day openings, beginning at 8:00 a.m. on the fourth
Tuesday in June, and ending at 6:00 p.m. on Thursday of that week.
Based on this recommendation, NMFS is proposing to open the 2023
directed commercial
[[Page 22994]]
fishery for 58 hours, beginning on June 27 at 8:00 a.m. and closing on
June 29 at 6:00 p.m. The second fishery opening would occur 2 weeks
later, beginning on July 11 at 8:00 a.m. and closing on July 13 at 6:00
p.m. Following these two fishing periods, if the fishery has not
attained nor is projected to have attained the directed commercial
allocation, NMFS may determine that subsequent fishing period(s) are
necessary to attain the allocation. Any additional fishing period(s)
and applicable fishing period limits will be announced in the Federal
Register through inseason action.
2023 Directed Commercial Vessel Limits
A fishing period limit, or vessel limit, is the maximum amount of
Pacific halibut that may be retained and landed by a vessel during one
fishing period. Each vessel may retain no more than the current fishing
period limit of Pacific halibut for its vessel class, which is
determined by vessel length. NMFS is proposing directed commercial
fishing period limits based on the allocation for the directed
commercial fishery in Area 2A and the number of permits issued by
vessel size class, which is similar to the criteria the IPHC used to
set fishing periods and fishing period limits. Vessel limits are
proposed by vessel size class based on the number and sizes of the
vessels for which permits were issued, as well as historical
participation, and are intended to ensure that the Area 2A directed
commercial fishery does not exceed the directed commercial allocation,
while also providing fair and equitable access across participants to
an attainable amount of harvest. The 2023 Pacific halibut directed
commercial fishery permit application deadline was February 14, 2023.
NMFS received 154 applications across eight vessel size classes (A-H).
If NMFS determines fishing period(s) in addition to those proposed in
this rule is warranted, NMFS will set the fishing period limits equal
across all vessel classes. If NMFS determines that the 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 action to close the fishery.
2023 Non-Tribal Directed Commercial Fishery Management Measures
The Area 2A non-tribal directed commercial fishery south of Point
Chehalis, WA (46[deg]53.30' N lat.) would open on June 27 at 8:00 a.m.
and close on June 29 at 6:00 p.m. and would open July 11 at 8:00 a.m.
and close on July 13 at 6:00 p.m. The fishery may be adjusted inseason
consistent with 50 CFR 300.63.
Table 1--Vessel Limits by Size Class for the 2023 First and Second
Fishing Periods of the Area 2A Pacific Halibut Non-Tribal Directed
Commercial Fishery
------------------------------------------------------------------------
Length range Fishing period
Vessel class (feet) limit (pounds)
------------------------------------------------------------------------
A....................................... 1-25 2,716
B....................................... 26-30 2,716
C....................................... 31-35 2,716
D....................................... 36-40 4,092
E....................................... 41-45 4,092
F....................................... 46-50 5,454
G....................................... 51-55 5,454
H....................................... 65+ 6,136
------------------------------------------------------------------------
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
Halibut Act (16 U.S.C. 773c(c)) allows the Regional Council, having
authority for a particular geographical area, to develop regulations
governing the allocation and catch of halibut in U.S. Convention waters
as long as those regulations do not conflict with IPHC regulations.
This action is exempt from review under E.O. 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, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (North
American Industry Classification System (NAICS) code 114111) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $25
million for all its affiliated operations worldwide. The entities that
would be affected by the proposed action are those vessels that harvest
Pacific halibut as part of the non-tribal directed commercial fishery
and are all considered small businesses under the above size standards.
This proposed rule, if adopted, would establish the 2023 Area 2A
non-tribal directed commercial fishery management measures;
specifically, the fishing periods and fishing period limits.
There are no large entities involved in the halibut fisheries off
the West Coast. In 2022, the IPHC issued 202 licenses to the commercial
fishing fleet for the Area 2A non-tribal directed commercial fishery.
Of those 202 vessels that obtained licenses, 39 percent (78 vessels)
participated in the fishery. NMFS expects that a similar proportion of
vessels will participate in the fishery this year and may be affected
by these regulations. Cost data for the harvesting operations of non-
tribal commercial halibut vessels is limited or unavailable. However,
for 2022, the non-tribal directed allocation was 252,730 pounds (114.6
mt), of which approximately 250,674 pounds (113.7 mt) of halibut were
harvested with an estimated ex-vessel value of approximately $1.68
million. Therefore, NMFS considers all vessels affected by this action
to be small entities.
Since this action will only impact commercial fishing vessels,
which in the Pacific halibut fishery are small entities, none of these
changes will have a disproportionately negative effect on small
entities versus large entities. Because each affected vessel is a small
business, this proposed rule is considered to equally affect all of
these small entities in the same manner. Therefore, this rule, if
adopted, would not create disproportionate costs between small and
large vessels/businesses.
The major effect of halibut management on small entities will be
from the Area 2A allocation decided by the IPHC; a decision independent
from this proposed action. This action proposes fishing periods and
fishing period limits for the 2023 non-tribal directed commercial
fishery consistent with recommendations from the Council to provide
commercial harvest opportunities under the allocations that result from
the Area 2A catch limit determined by the IPHC. NMFS is proposing
specifications that were established by the IPHC in previous years; any
differences between the IPHC's management measures and those NMFS is
proposing are considered minor, with minimal economic effects.
Profitability is largely based on the Area 2A allocation decided by the
IPHC, with subarea allocations determined based on the allocation
formulae in the Council's catch sharing plan. Therefore, the proposed
rule, if adopted, is unlikely to
[[Page 22995]]
affect the profitability of the commercial fishery.
The Area 2A non-tribal directed commercial fishery allocation for
2023 is 257,819 pounds (116.94 mt) for 2023, which is 2 percent higher
than in 2022. This proposed rule, if adopted, is unlikely to affect
overall participation in the directed commercial fishery since this
action maintains an allocation similar to previous years. Since
profitability is dependent on the amount of allocation available and
market forces independent of this action, it is highly unlikely that
this allocation would limit the fleet's potential profitability from
catching halibut compared to last season or recent catch levels.
Accordingly, vessel income from fishing is not expected to be altered
as a result of this rule as it compares to recent catches in the
fishery, including under the previous season's regulations.
Based on the disproportionality and profitability analysis above,
the proposed action, if adopted, will not have adverse or
disproportional economic impact on these small business entities. As a
result, an Initial Regulatory Flexibility Analysis is not required, and
none has been prepared.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act. There are no
relevant Federal rules that may duplicate, overlap, or conflict with
the proposed action.
Authority: 16 U.S.C. 773-773k.
Dated: April 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-07860 Filed 4-13-23; 8:45 am]
BILLING CODE 3510-22-P
