Pacific Halibut Fisheries of the West Coast; Management Measures for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery, 18368-18370 [2024-05289]
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18368
Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Proposed Rules
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T05–0712 to read as
follows:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
■
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§ 165.T05–0712
Baltimore, MD.
50 CFR Part 300
Safety Zone; Inner Harbor,
RTID 0648–XD634
(a) Location. The following area is a
safety zone: All navigable waters of the
Inner Harbor, encompassed by a line
connecting the following points:
beginning at Inner Harbor Pier 6 at
position latitude 39°16′59″ N, longitude
076°36′12″ W, thence south to the
Harborview Towers pier at latitude
39°16′41″ N, longitude 076°36′12″ W,
thence northerly and easterly along the
shoreline to and terminating at the point
of origin, located in Baltimore, MD.
These coordinates are based on datum
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(b) Definitions. As used in this
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Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the safety zone described in
paragraph (a) of this section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at 410–576–
2693 or on Marine Band Radio VHF–FM
channel 16 (156.8 MHz). The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
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(e) Enforcement period. This section
will be enforced as needed from June
12, 2024, to June 18, 2024.
Dated: March 8, 2024.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2024–05339 Filed 3–12–24; 8:45 am]
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Pacific Halibut Fisheries of the West
Coast; Management Measures for the
2024 Area 2A Pacific Halibut Directed
Commercial Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
fishing periods and fishing period limits
for the 2024 non-tribal directed
commercial Pacific halibut fishery that
operates south of Point Chehalis, WA,
(lat. 46°53.30′ N) in the International
Pacific Halibut Commission’s regulatory
Area 2A off Washington, Oregon, and
California. The proposed action
includes two 58-hour fishing periods.
The first fishing period would begin at
8 a.m. Pacific Daylight Time (PDT) on
June 25, 2024, and close at 6 p.m. PDT
on June 27, 2024. The second fishing
period would start at 8 a.m. PDT on July
9, 2024, and close at 6 p.m. PDT on July
11, 2024. NMFS is also proposing four
fishing period limits (i.e., vessel catch
limits) across eight vessel size classes
for both fishing periods. These actions
are intended to conserve Pacific halibut
and provide fishing opportunity where
available.
DATES: Comments must be received by
April 12, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0031. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0031,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and type
NOAA–NMFS–2024–0031 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method or received after the end
of the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
SUMMARY:
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without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Docket: This proposed rule is
accessible 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 Pacific Halibut Directed
Commercial Fishery website at https://
www.fisheries.noaa.gov/action/2024pacific-halibut-directed-commercialfishery and at the Council’s website at
https://www.pcouncil.org. Other
comments received may be accessed
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Heather Fitch, West Coast Region,
NMFS, (360) 320–6549, heather.fitch@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of
1982 (16 U.S.C. 773–773k) (Halibut Act)
gives the Secretary of Commerce the
responsibility of 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
(Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a
Protocol Amending the Convention
(March 29, 1979).
As provided in the Halibut Act at 16
U.S.C. 773b, the Secretary of State, with
the concurrence of the Secretary of
Commerce, may accept or reject, on
behalf of the United States, regulations
recommended by the International
Pacific Halibut Commission (IPHC) in
accordance with the Convention.
Following acceptance by the Secretary
of State, the annual management
measures promulgated by the IPHC are
published in the Federal Register to
provide notice of their immediate
regulatory effectiveness and to inform
persons subject to the regulations of
their restrictions and requirements (50
CFR 300.62).
The Halibut Act also provides that
Regional Fishery Management Councils
may develop, and the Secretary of
Commerce may implement, regulations
governing Pacific halibut fishing 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
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Proposed Rules
(Council) developed a catch sharing
plan guiding the allocation of halibut
across the various sectors for the IPHC’s
regulatory Area 2A.
Fishery Allocation
At its annual meeting held January
22–26, 2024, the IPHC adopted an Area
2A catch limit, called a fishery constant
exploitation yield (FCEY), of 1.47
million pounds (667 metric tons (mt)),
net weight (i.e., the weight of Pacific
halibut that is without gills and entrails,
head-off, washed, and without ice and
slime) of Pacific halibut. Upon
acceptance by the Secretary of State,
with concurrence from the Secretary of
Commerce, the fishery allocations
adopted by the IPHC will be published
in the Federal Register, in accordance
with 50 CFR 300.62. The FCEY was
derived from the total constant
exploitation yield (TCEY) of 1.65
million pounds (748 mt), net weight, for
Area 2A, which includes commercial
discards and bycatch projections
calculated using a formula developed by
the IPHC. Based on the FCEY for Area
2A and the allocation framework in the
Council’s catch sharing plan, the nontribal directed commercial fishing
allocation is 249,338 pounds (113 mt),
net weight.
Fishing Periods
Fishing periods, often referred to as
fishery openers, are the time during the
annual commercial halibut season when
fishing for non-tribal directed
commercial Pacific halibut in Area 2A
is allowed. At its November 2023
meeting, the Council discussed the 2024
directed commercial season structure
and recommended that NMFS establish
fishing periods similar to those in the
previous year. Specifically, the Council
recommended that the directed
commercial fishery operate as a series of
3-day openings, with the first fishing
period beginning at 8 a.m. Pacific
Daylight Time (PDT) on the fourth
Tuesday in June and ending at 6 p.m.
PDT on Thursday of that week, and the
second fishing period occurring 2 weeks
later. The Council also recommended
that if there is a third fishing period, it
should occur no earlier than 3 weeks
after the second fishing period, and that
any subsequent fishing periods would
occur as soon as possible. Based on the
Council’s recommendations, NMFS is
proposing to open the 2024 directed
commercial fishery for 58 hours,
beginning on June 25, 2024, at 8 a.m.
PDT and closing on June 27, 2024, at 6
p.m. PDT. The second fishing period
would occur 2 weeks later, beginning on
July 9, 2024, at 8 a.m. PDT and closing
on July 11, 2024, at 6 p.m. PDT.
Following the initial two fishing
periods, NMFS will assess fishery
harvest to date and determine if the
fishery has attained the directed
commercial allocation. If harvest
estimates indicate the allocation has not
been reached, NMFS may determine
that subsequent fishing period(s) are
necessary to attain the allocation. If a
third fishing period occurs, it would
occur no sooner than 3 weeks after the
second fishing period. A third fishing
period, and any subsequent fishing
periods would be announced in the
Federal Register through inseason
action.
Fishing Period Limits
A fishing period limit, also called a
vessel catch 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, shown in table 1 below, based on
18369
the 2024 directed fishery allocation, the
number of permits issued by vessel size
class, and participation and catch rates
from prior years.
For the 2024 fishing season, NMFS
received 185 applications across 8
vessel size classes (A–H). Based on this
number of permits and past fishery
participation, NMFS anticipates similar
vessel participation as has occurred in
previous years. Therefore, NMFS is
proposing that fishing period limits be
grouped the same way as was done in
previous years.
Although the directed commercial
allocation for 2024 is similar to the
allocations for the previous 3 years, the
average catch per vessel increased in
2023. Therefore, NMFS is proposing
reduced fishing period limits compared
to the previous 3 years. These fishing
period catch limits are intended to
ensure that the Area 2A directed
commercial fishery does not exceed its
allocation, while also providing fair and
equitable access across participants to
an attainable amount of harvest.
If NMFS determines that more than
two fishing periods are warranted,
NMFS will set new fishing period limits
and will set the fishing period limits for
subsequent fishing periods equal across
all vessel classes through inseason
action.
2024 Non-Tribal Directed Commercial
Fishery Fishing Periods and Fishing
Period Limits
The Area 2A non-tribal directed
commercial fishery, which occurs south
of Point Chehalis, WA, (lat. 46°53.30′ N)
would open on June 25, 2024, at 8 a.m.
PDT and close on June 27, 2024, at 6
p.m. PDT and would re-open July 9,
2024, at 8 a.m. PDT and close on July
11, 2024, at 6 p.m. PDT. The fishery
may be adjusted inseason consistent
with 50 CFR 300.63.
TABLE 1—FISHING PERIOD LIMITS BY SIZE CLASS FOR THE 2024 FIRST AND SECOND FISHING PERIODS OF THE AREA 2A
PACIFIC HALIBUT NON-TRIBAL DIRECTED COMMERCIAL FISHERY
Length range
in feet
(meters)
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Vessel class
A ...............................................................................................................................................
B ...............................................................................................................................................
C ..............................................................................................................................................
D ..............................................................................................................................................
E ...............................................................................................................................................
F ...............................................................................................................................................
G ..............................................................................................................................................
H ..............................................................................................................................................
1–25 (0.3–7.8)
26–30 (7.9–9.3)
31–35 (9.4–10.9)
36–40 (11.0–12.4)
41–45 (12.5–13.9)
46–50 (14.0–15.4)
51–55 (15.5–16.9)
56+ (17.0+)
Note: Fishing period limits are in dressed weight (head-on, with ice and slime).
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Fishing period
limit in pounds
(mt)
1,800 (0.8164)
1,800 (0.8164)
1,800 (0.8164)
3,000 (1.361)
3,000 (1.361)
3,800 (1.724)
3,800 (1.724)
4,500 (2.041)
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Proposed Rules
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Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the IPHC, the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council,
and the Secretary of Commerce. Section
5 Halibut Act (16 U.S.C. 773c) allows
the Regional Council having authority
for a particular geographical area to
develop regulations governing the
allocation and catch of halibut in U.S.
Convention waters as long as those
regulations do not conflict with IPHC
regulations. Such regulations shall only
be implemented with the approval of
the Secretary.
This proposed rule is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
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 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 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 $11 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 2024 Area 2A non-tribal
directed commercial fishery fishing
periods and fishing period limits.
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There are no large entities involved in
Pacific halibut fisheries off the West
Coast. In 2023, NMFS issued 148
licenses to the commercial fishing fleet
for the Area 2A non-tribal directed
commercial fishery. Of those 148 vessels
that obtained licenses, 50 percent (74
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 2023, the non-tribal
directed allocation was 257,819 pounds
(117 mt), of which approximately
259,226 pounds (118 mt) of Pacific
halibut were harvested and resulted in
a total fishery ex-vessel value of
approximately $2.36 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 Pacific halibut
management on small entities is 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 2024 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. Profitability is
largely based on the total Area 2A
allocation decided by the IPHC, with
subarea allocations determined based on
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the allocation formulae in the Council’s
catch sharing plan. Therefore, the
proposed rule, if adopted, is unlikely to
affect the profitability of the commercial
fishery.
The Area 2A non-tribal directed
commercial fishery allocation for 2024
is 249,338 pounds (113 mt), net weight,
which is 3 percent lower than in 2023.
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. Profitability is
dependent on the total amount of
allocation available and market forces
independent of this action. It is
therefore highly unlikely that this
proposed action would limit the fleet’s
potential profitability from catching
halibut compared to last season or
recent catch levels, as fishing periods
and fishing period catch limits for 2024
are set using similar considerations as in
previous years. 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 proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 773–773k.
Dated: March 7, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–05289 Filed 3–12–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Proposed Rules]
[Pages 18368-18370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05289]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 240307-0074]
RTID 0648-XD634
Pacific Halibut Fisheries of the West Coast; Management Measures
for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement fishing periods and fishing period
limits for the 2024 non-tribal directed commercial Pacific halibut
fishery that operates south of Point Chehalis, WA, (lat. 46[deg]53.30'
N) in the International Pacific Halibut Commission's regulatory Area 2A
off Washington, Oregon, and California. The proposed action includes
two 58-hour fishing periods. The first fishing period would begin at 8
a.m. Pacific Daylight Time (PDT) on June 25, 2024, and close at 6 p.m.
PDT on June 27, 2024. The second fishing period would start at 8 a.m.
PDT on July 9, 2024, and close at 6 p.m. PDT on July 11, 2024. NMFS is
also proposing four fishing period limits (i.e., vessel catch limits)
across eight vessel size classes for both fishing periods. These
actions are intended to conserve Pacific halibut and provide fishing
opportunity where available.
DATES: Comments must be received by April 12, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0031. You may
submit comments on this document, identified by NOAA-NMFS-2024-0031, by
any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0031 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the comment period, may not be considered by NMFS. All
comments received are a part of the public record and will generally be
posted for public viewing on https://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 will be publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Docket: This proposed rule is accessible 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
Pacific Halibut Directed Commercial Fishery website at https://www.fisheries.noaa.gov/action/2024-pacific-halibut-directed-commercial-fishery and at the Council's website at https://www.pcouncil.org. Other
comments received may be accessed through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region,
NMFS, (360) 320-6549, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k)
(Halibut Act) gives the Secretary of Commerce the responsibility of
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 (Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a Protocol Amending the Convention
(March 29, 1979).
As provided in the Halibut Act at 16 U.S.C. 773b, the Secretary of
State, with the concurrence of the Secretary of Commerce, may accept or
reject, on behalf of the United States, regulations recommended by the
International Pacific Halibut Commission (IPHC) in accordance with the
Convention. Following acceptance by the Secretary of State, the annual
management measures promulgated by the IPHC are published in the
Federal Register to provide notice of their immediate regulatory
effectiveness and to inform persons subject to the regulations of their
restrictions and requirements (50 CFR 300.62).
The Halibut Act also provides that Regional Fishery Management
Councils may develop, and the Secretary of Commerce may implement,
regulations governing Pacific halibut fishing 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
[[Page 18369]]
(Council) developed a catch sharing plan guiding the allocation of
halibut across the various sectors for the IPHC's regulatory Area 2A.
Fishery Allocation
At its annual meeting held January 22-26, 2024, the IPHC adopted an
Area 2A catch limit, called a fishery constant exploitation yield
(FCEY), of 1.47 million pounds (667 metric tons (mt)), net weight
(i.e., the weight of Pacific halibut that is without gills and
entrails, head-off, washed, and without ice and slime) of Pacific
halibut. Upon acceptance by the Secretary of State, with concurrence
from the Secretary of Commerce, the fishery allocations adopted by the
IPHC will be published in the Federal Register, in accordance with 50
CFR 300.62. The FCEY was derived from the total constant exploitation
yield (TCEY) of 1.65 million pounds (748 mt), net weight, for Area 2A,
which includes commercial discards and bycatch projections calculated
using a formula developed by the IPHC. Based on the FCEY for Area 2A
and the allocation framework in the Council's catch sharing plan, the
non-tribal directed commercial fishing allocation is 249,338 pounds
(113 mt), net weight.
Fishing Periods
Fishing periods, often referred to as fishery openers, are the time
during the annual commercial halibut season when fishing for non-tribal
directed commercial Pacific halibut in Area 2A is allowed. At its
November 2023 meeting, the Council discussed the 2024 directed
commercial season structure and recommended that NMFS establish fishing
periods similar to those in the previous year. Specifically, the
Council recommended that the directed commercial fishery operate as a
series of 3-day openings, with the first fishing period beginning at 8
a.m. Pacific Daylight Time (PDT) on the fourth Tuesday in June and
ending at 6 p.m. PDT on Thursday of that week, and the second fishing
period occurring 2 weeks later. The Council also recommended that if
there is a third fishing period, it should occur no earlier than 3
weeks after the second fishing period, and that any subsequent fishing
periods would occur as soon as possible. Based on the Council's
recommendations, NMFS is proposing to open the 2024 directed commercial
fishery for 58 hours, beginning on June 25, 2024, at 8 a.m. PDT and
closing on June 27, 2024, at 6 p.m. PDT. The second fishing period
would occur 2 weeks later, beginning on July 9, 2024, at 8 a.m. PDT and
closing on July 11, 2024, at 6 p.m. PDT.
Following the initial two fishing periods, NMFS will assess fishery
harvest to date and determine if the fishery has attained the directed
commercial allocation. If harvest estimates indicate the allocation has
not been reached, NMFS may determine that subsequent fishing period(s)
are necessary to attain the allocation. If a third fishing period
occurs, it would occur no sooner than 3 weeks after the second fishing
period. A third fishing period, and any subsequent fishing periods
would be announced in the Federal Register through inseason action.
Fishing Period Limits
A fishing period limit, also called a vessel catch 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, shown in table 1 below, based on the
2024 directed fishery allocation, the number of permits issued by
vessel size class, and participation and catch rates from prior years.
For the 2024 fishing season, NMFS received 185 applications across
8 vessel size classes (A-H). Based on this number of permits and past
fishery participation, NMFS anticipates similar vessel participation as
has occurred in previous years. Therefore, NMFS is proposing that
fishing period limits be grouped the same way as was done in previous
years.
Although the directed commercial allocation for 2024 is similar to
the allocations for the previous 3 years, the average catch per vessel
increased in 2023. Therefore, NMFS is proposing reduced fishing period
limits compared to the previous 3 years. These fishing period catch
limits are intended to ensure that the Area 2A directed commercial
fishery does not exceed its allocation, while also providing fair and
equitable access across participants to an attainable amount of
harvest.
If NMFS determines that more than two fishing periods are
warranted, NMFS will set new fishing period limits and will set the
fishing period limits for subsequent fishing periods equal across all
vessel classes through inseason action.
2024 Non-Tribal Directed Commercial Fishery Fishing Periods and Fishing
Period Limits
The Area 2A non-tribal directed commercial fishery, which occurs
south of Point Chehalis, WA, (lat. 46[deg]53.30' N) would open on June
25, 2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT and
would re-open July 9, 2024, at 8 a.m. PDT and close on July 11, 2024,
at 6 p.m. PDT. The fishery may be adjusted inseason consistent with 50
CFR 300.63.
Table 1--Fishing Period Limits by Size Class for the 2024 First and Second Fishing Periods of the Area 2A
Pacific Halibut Non-Tribal Directed Commercial Fishery
----------------------------------------------------------------------------------------------------------------
Length range in feet Fishing period limit in
Vessel class (meters) pounds (mt)
----------------------------------------------------------------------------------------------------------------
A............................................................. 1-25 (0.3-7.8) 1,800 (0.8164)
B............................................................. 26-30 (7.9-9.3) 1,800 (0.8164)
C............................................................. 31-35 (9.4-10.9) 1,800 (0.8164)
D............................................................. 36-40 (11.0-12.4) 3,000 (1.361)
E............................................................. 41-45 (12.5-13.9) 3,000 (1.361)
F............................................................. 46-50 (14.0-15.4) 3,800 (1.724)
G............................................................. 51-55 (15.5-16.9) 3,800 (1.724)
H............................................................. 56+ (17.0+) 4,500 (2.041)
----------------------------------------------------------------------------------------------------------------
Note: Fishing period limits are in dressed weight (head-on, with ice and slime).
[[Page 18370]]
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 Halibut Act (16 U.S.C. 773c) allows the Regional
Council having authority for a particular geographical area to develop
regulations governing the allocation and catch of halibut in U.S.
Convention waters as long as those regulations do not conflict with
IPHC regulations. Such regulations shall only be implemented with the
approval of the Secretary.
This proposed rule is exempt from the procedures of E.O. 12866
because this action contains no implementing regulations.
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 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 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 $11 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 2024 Area 2A
non-tribal directed commercial fishery fishing periods and fishing
period limits.
There are no large entities involved in Pacific halibut fisheries
off the West Coast. In 2023, NMFS issued 148 licenses to the commercial
fishing fleet for the Area 2A non-tribal directed commercial fishery.
Of those 148 vessels that obtained licenses, 50 percent (74 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 2023, the non-tribal directed allocation was 257,819 pounds (117
mt), of which approximately 259,226 pounds (118 mt) of Pacific halibut
were harvested and resulted in a total fishery ex-vessel value of
approximately $2.36 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 Pacific halibut management on small entities is
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 2024 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. Profitability is
largely based on the total 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 affect the profitability of the commercial fishery.
The Area 2A non-tribal directed commercial fishery allocation for
2024 is 249,338 pounds (113 mt), net weight, which is 3 percent lower
than in 2023. 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. Profitability
is dependent on the total amount of allocation available and market
forces independent of this action. It is therefore highly unlikely that
this proposed action would limit the fleet's potential profitability
from catching halibut compared to last season or recent catch levels,
as fishing periods and fishing period catch limits for 2024 are set
using similar considerations as in previous years. 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 proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 773-773k.
Dated: March 7, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-05289 Filed 3-12-24; 8:45 am]
BILLING CODE 3510-22-P
