Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures, 22966-22970 [2024-07015]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22966-22970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240327-0090]
RIN 0648-BM75


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.

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SUMMARY: This final rule approves changes to the Pacific Halibut Catch 
Sharing Plan for the International Pacific Halibut Commission (IPHC)'s 
regulatory Area 2A off of Washington, Oregon, and California. In 
addition, this final rule implements management measures governing the 
2024 recreational fisheries that are not implemented through the IPHC. 
These management measures include the recreational fishery seasons and 
subarea allocations for Area 2A. This rule also adds a new inseason 
management provision to transfer anticipated uncaught recreational 
fishery allocation between the Area 2A states. Additionally, the rule 
establishes a new management line at Point Arena, CA, creating two 
subareas with separate allocations off California. These actions are 
intended to conserve Pacific halibut and provide angler opportunity 
where available.

DATES: This rule is effective April 4, 2024.

ADDRESSES: Additional information regarding this action may be obtained 
by contacting the Sustainable Fisheries Division, NMFS West Coast 
Region, 501 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: Melissa Mandrup, phone: 562-980-3231 
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 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 of Commerce 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 IPHC 
regulations (16 U.S.C. 773c(c)).
    At its annual meeting held January 22-26, 2024 the IPHC adopted an 
Area 2A catch limit also known as the fishery constant exploitation 
yield (FCEY) of 1.47 million pounds (lb; 666.8 metric tons [mt]) of 
Pacific halibut. The FCEY was derived from the total constant 
exploitation yield (TCEY) of 1.65 million lb (748.4 mt) 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 
accepted by the Secretary of State, with concurrence from the Secretary 
of Commerce, in accordance with 50 CFR 300.62 on March 9, 2024. This 
final rule contains 2024 recreational fishery subarea allocations based 
on the Area 2A catch limit adopted by the IPHC that were published in 
the Federal Register on March 18, 2024 (89 FR 19275). Additionally, the 
March 18, 2024 (89 FR 19275) 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).
    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: 
https://www.pcouncil.org/documents/2024/01/2024-pacific-halibut-catch-sharing-plan.pdf/.
    This rule approves the changes the Council recommended at its 
November 2023 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 also implements recreational Pacific halibut fishery 
management measures for 2024, which include season opening and closing 
dates, bag limits, a new subarea off California, and a new inseason 
action to reallocate or transfer recreational fishery allocation 
between states. These management measures are consistent with the 
recommendations made by the Council for the 2024 Catch Sharing Plan and 
the season dates recommended by the states during the proposed rule's 
public comment period, where applicable, and which are detailed below.

[[Page 22967]]

2024 Recreational Fishery Management Measures

    NMFS is implementing recreational fishery management measures 
consistent with the Council's recommendations for the 2024 Catch 
Sharing Plan. If there is any discrepancy between the Catch Sharing 
Plan and federal regulations, federal regulations take precedence. 
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. The 2024 recreational fishing 
subareas, allocations, fishing dates, and daily bag limits are 
described below:

Washington Puget Sound and the U.S. Convention Waters in the Strait of 
Juan de Fuca

    The allocation for landings into ports in Puget Sound and the U.S. 
waters in the Strait of Juan de Fuca is 81,729 lb (37.1 mt).
    (a) The Puget Sound is open 7 days a week from April 4 through June 
30. If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. Any inseason action, including closures, 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 Pacific halibut of any size per 
person.

Washington North Coast Subarea

    The allocation for landings into ports in the Washington North 
Coast subarea is 132,366 lb (60.0 mt).
    (a) The Washington North Coast is open:
     May 2, 3, 4;
     May 9, 10, 11;
     May 16, 17, 18;
     May 24;
     May 26;
     May 30, 31, June 1;
     June 6, 7, 8;
     June 13, 14, 15;
     June 20, 21, 22; and
     June 27, 28, 29.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. Any inseason action, including closures, 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) daily bag limit is one Pacific halibut of any size per person.

Washington South Coast Subarea

    The allocation for landings into ports in the Washington South 
Coast subarea is 67,074 lb (30.4 mt) with 65,074 lb (29.5 mt) allocated 
to the primary fishery and 2,000 lb (0.9 mt) to the nearshore fishery.
    (a) The Washington South Coast primary fishery is open:
     May 2, 5, 7;
     May 9, 12, 14;
     May 16, 19, 21; and
     May 23.
    If sufficient subarea allocation remains for at least another full 
day of fishing after May 30, the primary fishery will reopen:
     June 13, 16, 18;
     June 20, 23, 25;
     June 27, and 30; or
     until there is not sufficient subarea allocation for 
another full day of fishing.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. Any inseason action, including closures, 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.
    When the Washington South Coast subarea primary fishery does not 
have sufficient allocation to open for at least another full day of 
fishing, any remaining primary fishery allocation will be used to open 
a nearshore fishery. The nearshore fishery will open for 7 days a week 
the first Saturday after the closure of the primary fishery. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. Any inseason action, including closures, 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.
    If the primary fishery is closed prior to September 30 and there is 
not sufficient allocation remaining for at least a full day of fishing 
in the nearshore fishery, NMFS may take inseason action to transfer any 
remaining subarea allocation to another Washington coastal subarea, in 
accordance with Federal regulations at 50 CFR 300.63(c).
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Columbia River Subarea

    The allocation for landings into ports in the Columbia River 
subarea is 18,612 lb (8.4 mt), with 18,112 lb (8.2 mt) allocated to the 
all-depth fishery and 500 lb (0.2 mt) allocated to the nearshore 
fishery.
    (a) The all-depth fishery is open:
     May 2, 5, 7;
     May 9, 12, 14;
     May 16, 19, 21;
     May 23, 26;
     May 30, June 2, 4;
     June 6, 9, 11;
     June 13, 16, 18;
     June 20, 23, 25; and
     June 27, 30.
    The nearshore fishery is open:
     May 6, 7, 8;
     May 13, 14, 15;
     May 20, 21, 22;
     May 27, 28, 29;
     June 3, 4, 5;
     June 10, 11, 12;
     June 17, 18, 19;
     June 24, 25, 26;
     July 1, 2, 3;
     July 8, 9, 10;
     July 15, 16, 17;
     July 22, 23, 24;
     July 29, 30, 31;
     August 5, 6, 7;
     August 12, 13, 14;
     August 19, 20, 21;
     August 26, 27, 28;
     September 2, 3, 4;
     September 9, 10, 11;
     September 16, 17, 18;
     September 23, 24, 25; and
     September 30.
    The area will close when there is not sufficient subarea allocation 
for another full day of fishing. Any remaining subarea 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 
inseason action, including closures, 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. Any remaining subarea 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 Pacific halibut of any size per 
person.

Oregon Central Coast Subarea

    The allocation for landings into ports in the Oregon Central Coast 
subarea is

[[Page 22968]]

266,161 lb (120.7 mt). The nearshore fishery allocation is 31,393 lb 
(14.5 mt), the spring all-depth fishery allocation is 167,681 lb (76.1 
mt), and the summer all-depth fishery allocation is 66,540 lb (30.2 
mt).
    (a) The nearshore fishery is open 7 days a week from May 1 through 
October 31. The area will close when there is not sufficient subarea 
allocation for another full day of fishing. Any inseason action, 
including closures, 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 spring all-depth fishery is open 7 days a week from May 1 
through June 30. In the event that there is remaining subarea 
allocation after June 30, NMFS may take inseason action to reopen the 
fishery, up to 7 days a week, during the month of July. The area will 
close when there is not sufficient subarea allocation for another full 
day of fishing. Any inseason action, including closures, 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 summer all-depth fishery is open:
     August 1, 2, 3;
     August 15, 16, 17;
     August 29, 30, 31;
     September 12, 13, 14;
     September 26, 27, 28;
     October 10, 11, 12;
     October 24, 25, 26; and
     October 31.
    The area will close when the remaining combined spring all-depth 
fishery and summer all-depth fishery allocations in the Oregon Central 
Coast subarea is not sufficient for another full day of fishing. Any 
inseason action, including closures, 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 two Pacific halibut of any size 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 (3.6 mt).
    (a) The fishery is open 7 days a week from May 1 through October 
31. The area will close when there is not sufficient subarea allocation 
for another full day of fishing. Any inseason action, including 
closures, 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 two Pacific halibut of any size 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.

Northern California Coast Subarea

    The allocation for landings into ports in the Northern California 
Coast subarea is 37,720 lb (17.1 mt).
    (a) The fishery is open May 1 through November 15. The area will 
close when there is not sufficient subarea allocation for another full 
day of fishing. Any inseason action, including closures, 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 Pacific halibut of any size per 
person.

South of Point Arena Subarea

    The allocation for landings into ports in the South of Point Arena 
subarea is 500 lb (0.2 mt).
    (a) The fishery is open May 1 through December 31. The area will 
close when there is not sufficient subarea allocation for another full 
day of fishing. Any inseason action, including closures, 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 Pacific halibut of any size per 
person.

Comments and Responses

    NMFS published a proposed rule on February 9, 2024 (89 FR 9105) and 
accepted public comments on the 2024 Area 2A Catch Sharing Plan and the 
proposed 2024 annual management measures through March 11, 2024. NMFS 
received four responsive comments, one from the Oregon Department of 
Fish and Wildlife (ODFW) and three from the public, and has responded 
to those below. NMFS also received one comment from a member of the 
public that was not responsive to the proposed action and is therefore 
not addressed here.
    Comment 1: ODFW submitted a comment recommending final recreational 
fishing season dates for the 2024 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 all-
depth fishery allocations, ODFW recommended season dates for the spring 
and summer Central Oregon Coast all-depth 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 July 1-31, 
7 days a week. ODFW recommended summer fishery dates of August 1-3; 
August 15-17; August 29-31; September 12-14; September 26-28; October 
10-12; and October 24-26; and October 31, or until the total 2024 all-
depth catch limit for the subarea is taken. ODFW also recommended a 
two-fish Pacific halibut bag limit per angler per day beginning May 1 
for the Oregon Central Coast and Southern Oregon subareas.
    Response: NMFS concurs that the ODFW-recommended season dates are 
appropriate. There are a few differences between the spring and summer 
all-depth 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, 
approved in this final rule, to those recommended by ODFW.
    Comment 2: NMFS received public comment on the recreational 
allocations, which requested a greater allocation for the California 
recreational fishery.
    Response: Allocations to various sectors and states that are 
established in the Catch Sharing Plan and implemented through annual 
IPHC regulations were not considered through this action. As part of 
the Council process, the NMFS will consider modifications to the Area 
2A Catch Sharing Plan, which includes the allocation schemes for the 
tribal and the non-tribal commercial and recreational fisheries. 
Interested parties can comment directly on state-specific allocations 
as part of that process, which is described at https://www.pcouncil.org/.
    Comment 3: NMFS received a comment from the Crescent City Fishing 
Group, which indicated support for the proposed measures to conserve 
and manage the Pacific halibut fisheries, but also expressed concern 
that climate change is a stressor on the marine ecosystem and that 
fisheries management should respond with greater caution to the impacts 
of climate change.
    Response: Overall fishery limits were not part of this action; 
however, this action is based on the best scientific information 
available. NMFS agrees that

[[Page 22969]]

there are increased stressors on marine ecosystems due to climate 
change and, consistent with its statutory and other obligations, works 
to manage all federally regulated fisheries, including Pacific halibut 
fisheries off the coasts of Washington, Oregon, and California, in a 
sustainable manner. In making their recommendation for the 2024 Pacific 
halibut fishing limits, the IPHC noted that the uncertainty associated 
with ongoing changes to the relevant ecosystem and climate remains 
high, and that the IPHC intends to continue to evaluate the effects of 
climate change on Pacific halibut as part of its ongoing management 
actions.
    Comment 4: NMFS received comment from a member of the public, 
expressing the opinion that larger Pacific halibut should not be 
allowed to be kept when caught, due to those larger halibut's 
reproductive capacity. The comment also made a statement on halibut 
bycatch that is not related to this action.
    Response: NMFS has determined that this action is based on the best 
scientific information available and will appropriately conserve and 
manage Pacific halibut stocks off the coasts of Washington, Oregon, and 
California consistent with the requirements of Federal law. As part of 
its ongoing biological research activities, the IPHC is examining the 
factors that influence (1) the biomass of the Pacific halibut 
population (e.g., distribution and movement of fish among IPHC 
regulatory areas; growth patterns and environmental influences on 
growth in larval, juvenile and adult fish; drivers of changes in size-
at-age); (2) the spawning (female) population (e.g., reproductive 
maturity, skipped spawning, reproductive migrations); and (3) any 
resulting changes in population dynamics in order to ensure proper 
management of the Pacific halibut resource now and in the future. 
Consistent with its statutory and other obligations, NMFS will continue 
to keep abreast of the IPHC's ongoing research and to ensure that its 
regulatory actions, including its approval of annual Pacific halibut 
management measures, are based on the best scientific information 
available.

Classification

    Under section 773 of the Halibut Act, the 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 2024 Area 2A recreational fishery management 
measures (i.e., season dates and bag limits) in this rule effective in 
time for the start of the recreational Pacific halibut fisheries off 
the coasts of Washington, Oregon, and California on April 4, 2024, 
pursuant to 5 U.S.C. 553(d)(3). The 2024 Catch Sharing Plan provides 
the framework for the annual management measures and for setting 
subarea allocations based on annual catch limits set by the IPHC. This 
rule implements 2024 Area 2A subarea allocations as published in the 
proposed rule (89 FR 9105; February 9, 2024) for the recreational 
Pacific halibut fishery, based on the formulas set in the Catch Sharing 
Plan, and using the 2024 Area 2A catch limit for Pacific halibut set by 
the IPHC and accepted by the Secretary of State, with concurrence from 
the Secretary of Commerce, in accordance with 50 CFR 300.62, on March 
9, 2024. Relatively few comments were received in response to the 
proposed rule; the comments raised few issues within the scope of this 
rulemaking, and minor changes were made to accommodate the comments 
received from the State of Oregon. With few changes from the proposed 
rule, there is less need for a delay in effective date.
    Delaying the effective date of the annual management measures would 
be contrary to the public interest. The Council's 2024 Catch Sharing 
Plan includes changes that respond to the needs of the fisheries in 
each state, including fisheries that begin in early April. The 2024 
Catch Sharing Plan and management measures were developed through 
multiple Council meetings in 2023, which are open to the public and 
where public comment was accepted. Additionally, the 2024 Catch Sharing 
Plan and management measures were described at the January 2024 IPHC 
meeting, where public comment was also accepted. A delay in the 
effectiveness of these measures for 30 days would result in the West 
Coast's Pacific halibut recreational fisheries not being opened on 
their intended timelines and, thus, the fisheries not being open on the 
dates that the affected public is 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 social and economic 
harm to communities at recreational fishing ports.
    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 relieve a regulatory restriction as per 5 
U.S.C. 553(d)(1) and waive the 30-day delay in the date of 
effectiveness and make this final rule effective on April 4, 2024.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during 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 for this action 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: March 28, 2024.
Carrie Diane Robinson,
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. Amend Sec.  300.63 by revising paragraph (c)(5)(iii), adding 
paragraph (c)(6)(i)(F), revising paragraph (c)(6)(ii) introductory text 
and paragraphs (c)(6)(ii)(E) and (c)(6)(ii)(F), and adding paragraph 
(c)(6)(ii)(G), to read as follows:


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

* * * * *

[[Page 22970]]

    (c) * * *
    (5) * * *
    (iii) California. The California recreational fishery is divided 
into the following subareas:
    (A) Northern California Coast Subarea. The Northern California 
Coast subarea is located south of the OR/CA border (42[deg]00.00' N 
lat.) to Point Arena (38[deg]57.5' N lat.).
    (B) South of Point Arena Subarea. The South of Point Area subarea 
is located south of Point Arena (38[deg]57.5' N lat.) to the U.S./
Mexico border.
    (6) * * *
    (i) * * *
    (F) If any state is projected to not utilize its respective 
recreational allocation by the end of the fishing season, NMFS may take 
inseason action to transfer any projected unused allocation to another 
state. After a state notifies NMFS of the amount of their recreational 
subarea allocation in net pounds that is projected to be unused after 
accounting for state management objectives, NMFS may take inseason 
action to reallocate the amount of net pounds available equally to the 
other two states. If a state eligible to receive the additional pounds 
declines all or part of the additional pounds, or NMFS determines a 
state is unlikely to use additional allocation, a portion or the full 
amount of the remainder would go to the other state.
    (ii) Inseason management provisions include, but are not limited 
to, the following:
* * * * *
    (E) Modification of state recreational allocation, including a 
shift in recreational allocation from one state to another;
    (F) Modification of subarea allocation; and
    (G) 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).
* * * * *
[FR Doc. 2024-07015 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-22-P