[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18789-18796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07438]



[[Page 18789]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160127057-6280-02]
RIN 0648-BF60


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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SUMMARY: This final rule announces the approval of the Catch Sharing 
Plan (Plan) for halibut fishing in Area 2A (waters off the U.S. West 
Coast) with modifications recommended by the Pacific Fishery Management 
Council (Council), and establishes implementing regulations for 2016. 
These actions are intended to conserve Pacific halibut, provide angler 
opportunity where available, and minimize bycatch of overfished 
groundfish species. The sport fishing management measures in this rule 
are an additional subsection of the regulations for the International 
Pacific Halibut Commission (IPHC) published on March 16, 2016.

DATES: This rule is effective April 1, 2016. The 2016 management 
measures are effective until superseded.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting the Sustainable Fisheries Division, NMFS 
West Coast Region, 7600 Sand Point Way, NE., Seattle, WA 98115. 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; 
this final rule also is accessible via the Internet at the Federal 
eRulemaking portal at http://www.regulations.gov identified by NOAA-
NMFS-2015-0166. Electronic copies of the Final Regulatory Flexibility 
Analysis (FRFA) prepared for this action may be obtained by contacting 
Sarah Williams, phone: 206-526-4646, email: [email protected].

FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646, email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at
    http://www.access.gpo.gov/su_docs/aces/aces140.html. Background 
information and documents are available at the NMFS West Coast Region 
Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html and at the Council's Web 
site at http://www.pcouncil.org.

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2016, pursuant to 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 
(signed at Washington, DC, on March 29, 1979). Pursuant to the Northern 
Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the 
Secretary of State accepted the 2016 IPHC regulations as provided by 
the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 
773-773k. NMFS published these regulations on March 16, 2016 (81 FR 
14000).
    The Halibut Act provides that the Regional Fishery Management 
Councils may develop, and the Secretary 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. To that end, since 1988 the Council and NMFS have managed 
the halibut fisheries in Area 2A, which is off the coasts of 
Washington, Oregon, and California, through a Catch Sharing Plan 
(Plan). The Plan allocates the Area 2A Total Allowable Catch (TAC), 
which is set by the IPHC, among treaty Indian and non-Indian commercial 
and sport harvesters. The treaty Indian fisheries include tribal 
commercial, tribal ceremonial, and subsistence fisheries. Between 1988 
and 1995, the Council developed and NMFS implemented annual catch 
sharing plans for Area 2A. In 1995, NMFS implemented the Council-
recommended long-term Plan (60 FR 14651, March 20, 1995). Every year 
since then, minor revisions to the Plan have been made to adjust for 
the changing needs of the fisheries. These revisions are not codified.
    NMFS implements the allocation framework in the Plan through annual 
regulations for Area 2A. The proposed rule describing the changes the 
Council recommended to the Plan and resulting proposed Area 2A 
regulations for 2016 was published on February 19, 2016 (81 FR 8466). 
The IPHC held its annual meeting January 25-29, 2016, and selected a 
TAC of 1,140,000 pounds for Area 2A.
    For 2016, this final rule contains only those regulations 
implementing the Plan in Area 2A. NMFS published the complete IPHC 
regulations, which apply to commercial, treaty Indian, and recreational 
fisheries in addition to this rule, separately on March 16, 2016 (81 FR 
14000). Therefore anyone wishing to fish for halibut in Area 2A should 
read both this final rule and the March 16, 2016 final rule that 
implements the IPHC regulations.

Changes to the Pacific Fishery Management Council's Area 2A Catch 
Sharing Plan and Codified Regulations

    This final rule announces the approval of several Council-
recommended changes to the Pacific Fishery Management Council's Area 2A 
Plan and implements the Plan through annual management measures. For 
2016, the Council recommended minor modifications to sport fisheries to 
better match the needs of the fishery, updates to the inseason 
procedures to reflect current practices, and an update to the 
description of the tribal fishing area. The Council also recommended 
changes to the codified regulations to remove coordinates that are 
described in groundfish regulations so that fishers have one location 
for closed areas coordinates, updates to Tribal fishing areas to 
account for a recent court order, updates to the description of non-
trawl Rockfish Conservation Area to match modifications made through 
the 2015-2016 groundfish harvest specifications, and minor changes to 
match the changes to the Plan.

Incidental Halibut Retention in the Sablefish Primary Fishery North of 
Pt. Chehalis, Washington, and the Salmon Troll Fishery Along the West 
Coast

    The Plan provides that incidental halibut retention in the 
sablefish primary fishery north of Pt. Chehalis, Washington, will be 
allowed when the Area 2A TAC is greater than 900,000 lb (408.2 mt), 
provided that a minimum of 10,000 lb (4.5 mt) is available above a 
Washington recreational TAC of 214,100 lb (97.1 mt). In 2016, the TAC 
is 1,140,000 lb (517.10 mt); therefore, based on the formula set forth 
in the Plan (any amount of the Washington recreational TAC over 214,000 
lbs, up to 70,000 lbs) the allocation for incidental halibut retention 
in the sablefish fishery is 49,686 lb (22.54 mt). Landing

[[Page 18790]]

restrictions were recommended by the Council at its March 10-14, 2016, 
meeting. NMFS will publish the restrictions in the Federal Register as 
an inseason action in the groundfish fishery.
    The Plan allocates 15 percent of the non-Indian commercial TAC to 
the salmon troll fishery in Area 2A. For 2016 the allocation is 34,126 
lb (15.48 mt). The Council approved a range of landing restrictions for 
public review at its recent March meeting. The final landing 
restrictions will be addressed at the Council's April 2016 meeting and 
implemented in the annual salmon management measures.

Comments and Responses

    NMFS accepted comments on the proposed rule for the Area 2A Plan 
and annual management measures through March 10, 2016. NMFS received 
three public comment letters: one comment letter each from the 
Washington Department of Fish and Wildlife (WDFW), Oregon Department of 
Fish and Wildlife (ODFW), and California Department of Fish and 
Wildlife (CDFW) recommending season dates for halibut sport fisheries 
in each state.
    Comment 1: The WDFW held a public meeting following the IPHC's 
final 2016 TAC decisions to review the results of the recent Puget 
Sound halibut fishery. Based on input from stakeholders and using a 
revised site weighting methodology which helps derive catch per unit 
effort (CPUE) estimations, WDFW recommended a 2016 season that is open 
8 days, a reduction from 11 days in 2015. For 2016 WDFW has also 
recommended managing Puget Sound as one area rather than an Eastern and 
Western areas as was done in 2015. For the Puget Sound halibut sport 
fishery, WDFW recommended the following open dates: May 7, 12, 13, 14, 
26, 27, 28, and 29.
    Response: NMFS believes WDFW's recommended Puget Sound season dates 
will help keep this area within its quota, while providing for angler 
enjoyment and participation. Therefore, NMFS implements the dates for 
this subarea, as stated above, in this final rule.
    Comment 2: The ODFW held a public meeting and hosted an online 
survey following the final TAC decision by the IPHC. Based on public 
comments received on Oregon halibut fisheries, the ODFW recommended the 
following days for the spring fishery in the Central Coast subarea, 
within this subarea's parameters for a Thursday-Saturday season and 
weeks of adverse tidal conditions skipped: Regular open days May 12, 
13, 14; 19, 20, 21; 26, 27, 28; and June 2, 3, 4. Back-up dates in case 
there is sufficient remaining quota will be June 16, 17, 18; 30, July 
1, 2; 14, 15, 16; and 28, 29, 30. For the summer all-depth fishery in 
this subarea, ODFW recommended following the Plan's parameters of 
opening the first Friday in August, with open days to occur every other 
Friday-Saturday, unless modified in-season within the parameters of the 
Plan. Therefore, pursuant to the Plan, the ODFW recommended the 2016 
summer all-depth fishery in Oregon's Central Coast Subarea to occur: 
August 5, 6; 19, 20; September 2, 3; 16, 17; 30, October 1; 14, 15; 28, 
29 or until the total 2016 all-depth catch limit for the subarea is 
taken.
    Response: NMFS believes ODFW's recommended Central Coast season 
dates will help keep this area within its quota, while providing for 
angler enjoyment and participation. Therefore, NMFS implements the 
dates in this final rule.
    Comment 3: The CDFW submitted a letter describing the results of 
their 2015 fishery and recommendations for the 2016 fishery. Based on 
projected attainment of the subarea allocation, the CDFW recommended 
the following open days May 1-15; June 1-15; July 1-15, August 1-15; 
September 1-October 31.
    Response: NMFS agrees with CDFW's recommended season dates. These 
dates will help keep this area within its quota, while providing for 
angler enjoyment and participation. Therefore, NMFS implements the 
dates in this final rule.

Changes From the Proposed Rule

    On February 19, 2016, NMFS published a proposed rule to modify the 
Plan and recreational management measures for Area 2A (81 FR 8466). The 
allocations in the proposed rule are consistent with the final Area 2A 
TAC of 1,140,000 lb (517.10 mt) and the 2016 Plan as recommended by the 
Council. The only substantive change from the proposed rule is that 
season dates as recommended by the states following their stakeholder 
meetings are included in the final rule.

Annual Halibut Management Measures

    The sport fishing regulations for Area 2A, included in section 26 
below, are consistent with the measures adopted by the IPHC and 
approved by the Secretary of State, but were developed by the Pacific 
Fishery Management Council and promulgated by the United States under 
the Halibut Act. Section 26 refers to a section that is in addition to 
and corresponds to the numbering in the IPHC regulations published on 
March 16, 2016 (81 FR 14000).

26. Sport Fishing for Halibut--Area 2A

    (1) The total allowable catch of halibut shall be limited to:
    (a) 214,110 pounds (97.1 metric tons) net weight in waters off 
Washington;
    (b) 220,077 pounds (99.8 metric tons) net weight in waters off 
Oregon; and
    (c) 29,640 pounds (13.4 metric tons) net weight in waters off 
California.
    (2) The Commission shall determine and announce closing dates to 
the public for any area in which the catch limits promulgated by NMFS 
are estimated to have been taken.
    (3) When the Commission has determined that a subquota under 
paragraph (8) of this section is estimated to have been taken, and has 
announced a date on which the season will close, no person shall sport 
fish for halibut in that area after that date for the rest of the year, 
unless a reopening of that area for sport halibut fishing is scheduled 
in accordance with the Catch Sharing Plan for Area 2A, or announced by 
the Commission.
    (4) In California, Oregon, or Washington, no person shall fillet, 
mutilate, or otherwise disfigure a halibut in any manner that prevents 
the determination of minimum size or the number of fish caught, 
possessed, or landed.
    (5) The possession limit on a vessel for halibut in the waters off 
the coast of Washington is the same as the daily bag limit. The 
possession limit on land in Washington for halibut caught in U.S. 
waters off the coast of Washington is two halibut.
    (6) The possession limit on a vessel for halibut caught in the 
waters off the coast of Oregon is the same as the daily bag limit. The 
possession limit for halibut on land in Oregon is three daily bag 
limits.
    (7) The possession limit on a vessel for halibut caught in the 
waters off the coast of California is one halibut. The possession limit 
for halibut on land in California is one halibut.
    (8) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the in-season 
actions in 50 CFR 300.63(c). All sport fishing in Area 2A is managed on 
a ``port of landing'' basis, whereby any halibut landed into a port 
counts toward the quota for the area in which that port is located, and 
the regulations governing the area of landing apply, regardless of the 
specific area of catch.
    (a) The area in Puget Sound and the U.S. waters in the Strait of 
Juan de Fuca, east of a line extending from 48[deg]17.30' N. lat., 
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., is

[[Page 18791]]

not managed in-season relative to its quota. This area is managed by 
setting a season that is projected to result in a catch of 57,393 lb 
(26.03 mt).
    (i) The fishing season in Puget Sound is May 7, 12, 13, 14, 26, 27, 
28, and 29.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (b) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (2)(a) of 
section 26 and north of the Queets River (47[deg]31.70' N. lat.) (North 
Coast subarea), is 108,030 lb (49 mt).
    (i) The fishing seasons are:
    (A) Fishing is open May 7, 12, and 14. Any openings after May 14 
will be based on available quota and announced on the NMFS hotline.
    (B) If sufficient quota remains the fishery will reopen until there 
is not sufficient quota for another full day of fishing and the area is 
closed by the Commission. After May 14, any fishery opening will be 
announced on the NMFS hotline at 800-662-9825. No halibut fishing will 
be allowed after May 14 unless the date is announced on the NMFS 
hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing with 
recreational gear in the North Coast Recreational YRCA may not be in 
possession of any halibut. Recreational vessels may transit through the 
North Coast Recreational YRCA with or without halibut on board. The 
North Coast Recreational YRCA is a C-shaped area off the northern 
Washington coast intended to protect yelloweye rockfish. The North 
Coast Recreational YRCA is defined in groundfish regulations at Sec.  
660.70(a).
    (c) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.), and Leadbetter Point, WA 
(46[deg]38.17' N. lat.) (South Coast subarea), is 42,739 lb (19.39 mt).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47[deg]31.70' N. lat. south to 46[deg]58.00' 
N. lat. and east of a boundary line approximating the 30 fm depth 
contour. This area is defined by straight lines connecting all of the 
following points in the order stated as described by the following 
coordinates (the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N. lat, 124[deg]37.03' W. long;
    (2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
    (3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
    (4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 40,739 
lb (18.48 mt) for the primary fishery and 2,000 lb (0.91 mt) for the 
nearshore fishery. The primary fishery commences on May 1, and 
continues 2 days a week (Sunday and Tuesday) until May 17. If the 
primary quota is projected to be obtained sooner than expected, the 
management closure may occur earlier. Beginning on May 29, the primary 
fishery will be open at most 2 days per week (Sunday and/or Tuesday) 
until the quota for the south coast subarea primary fishery is taken 
and the season is closed by the Commission, or until September 30, 
whichever is earlier. The fishing season in the nearshore area 
commences on May 1, and continues 7 days per week. Subsequent to 
closure of the primary fishery, the nearshore fishery is open 7 days 
per week, until 42,739 lb (19.39 mt) is projected to be taken by the 
two fisheries combined and the fishery is closed by the Commission or 
September 30, whichever is earlier. If the fishery is closed prior to 
September 30, and there is insufficient quota remaining to reopen the 
northern nearshore area for another fishing day, then any remaining 
quota may be transferred in-season to another Washington coastal 
subarea by NMFS via an update to the recreational halibut hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be 
taken, retained and possessed when allowed by groundfish regulations at 
50 CFR 660.360, subpart G.
    (iv) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is 
defined at 50 CFR 660.70(e).
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.), and Cape Falcon, OR 
(45[deg]46.00' N. lat.) (Columbia River subarea), is 11,009 lb (4.99 
mt).
    (i) This subarea is divided into an all-depth fishery and a 
nearshore fishery. The nearshore fishery is allocated 500 pounds of the 
subarea allocation. The nearshore fishery extends from Leadbetter Point 
(46[deg]38.17' N. lat., 124[deg]15.88' W. long.) to the Washington-
Oregon Border (46[deg]16.00' N. lat., 124[deg]15.88' W. long.) by 
connecting the following coordinates in Washington 46[deg]38.17' N. 
lat., 124[deg]15.88' W. long. 46[deg]16.00' N. lat., 124[deg]15.88' W. 
long and connecting to the boundary line approximating the 40 fm (73 m) 
depth contour in Oregon. The nearshore fishery opens May 2, and 
continues 3 days per week (Monday-Wednesday) until the nearshore 
allocation is taken, or September 30, whichever is earlier. The all 
depth fishing season commences on May 1, and continues 4 days a week 
(Thursday-Sunday) until 10,509 lb (4.77 mt) are estimated to have been 
taken and the season is closed by the Commission, or September 30, 
whichever is earlier. Subsequent to this closure, if there is 
insufficient quota remaining in the Columbia River subarea for another 
fishing day, then any remaining quota may be transferred inseason to 
another Washington and/or Oregon subarea by NMFS via an update to the 
recreational halibut hotline. Any remaining quota would be transferred 
to each state in proportion to its contribution.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Pacific Coast groundfish may not be taken and retained, 
possessed or landed when halibut are on board the vessel, except 
sablefish, Pacific cod, and flatfish species when allowed by Pacific 
Coast groundfish regulations, during days open to the all depth fishery 
only.
    (iv) Taking, retaining, possessing, or landing halibut on 
groundfish trips is only allowed in the nearshore area on days not open 
to all-depth Pacific halibut fisheries.
    (e) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.) (Oregon

[[Page 18792]]

Central Coast subarea), is 206,410 lb (93.63 mt).
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences June 
1, and continues 7 days a week, in the area shoreward of a boundary 
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 24,769 lb 
(11.24 mt), or any in-season revised subquota, is estimated to have 
been taken and the season is closed by the Commission, whichever is 
earlier. The boundary line approximating the 40-fm (73-m) depth contour 
between 45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is defined at 
Sec.  660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 12, 13, 14; 19, 20, 21; 26, 27, 28; and 
June 2, 3, 4. Back-up dates will be June 16, 17, 18; 30, July 1, 2; 14, 
15, 16; 28, 29, 30. The allocation to the all-depth fishery is 181,641 
lb (82.4 mt). If sufficient unharvested quota remains for additional 
fishing days, the season will re-open. Notice of the re-opening will be 
announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. No 
halibut fishing will be allowed on the re-opening dates unless the date 
is announced on the NMFS hotline.
    (C) If sufficient unharvested quota remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be open 
August 5, 6; 19, 20; September 2, 3; 16, 17; 30, October 1; 14, 15; 28, 
29 or until the combined spring season and summer season quotas in the 
area between Cape Falcon and Humbug Mountain, OR, are estimated to have 
been taken and the area is closed by the Commission, or October 31, 
whichever is earlier. NMFS will announce on the NMFS hotline in July 
whether the fishery will re-open for the summer season in August. No 
halibut fishing will be allowed in the summer season fishery unless the 
dates are announced on the NMFS hotline. Additional fishing days may be 
opened if sufficient quota remains after the last day of the first 
scheduled open period. If, after this date, an amount greater than or 
equal to 60,000 lb (27.2 mt) remains in the combined all-depth and 
inside 40-fm (73-m) quota, the fishery may re-open every Friday and 
Saturday, beginning August 6 and ending October 31. If after September 
4, an amount greater than or equal to 30,000 lb (13.6 mt) remains in 
the combined all-depth and inside 40-fm (73-m) quota, and the fishery 
is not already open every Friday and Saturday, the fishery may re-open 
every Friday and Saturday, beginning September 9 and 10, and ending 
October 31. After September 4, the bag limit may be increased to two 
fish of any size per person, per day. NMFS will announce on the NMFS 
hotline whether the summer all-depth fishery will be open on such 
additional fishing days, what days the fishery will be open and what 
the bag limit is.
    (ii) The daily bag limit is one halibut of any size per day per 
person, unless otherwise specified. NMFS will announce on the NMFS 
hotline any bag limit changes.
    (iii) During days open to all-depth halibut fishing, no Pacific 
Coast groundfish may be taken and retained, possessed or landed, when 
halibut are on board the vessel, except sablefish, Pacific cod, and 
flatfish species, when allowed by Pacific Coast groundfish regulations.
    (iv) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only shoreward of a boundary line approximating 
the 40-fm (73-m) depth contour, halibut possession and retention by 
vessels operating seaward of a boundary line approximating the 40-fm 
(73-m) depth contour is prohibited.
    (v) Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land halibut taken with 
recreational gear within the Stonewall Bank YRCA. A vessel fishing in 
the Stonewall Bank YRCA may not possess any halibut. Recreational 
vessels may transit through the Stonewall Bank YRCA with or without 
halibut on board. The Stonewall Bank YRCA is an area off central 
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish. 
The Stonewall Bank YRCA is defined at Sec.  660.70(f).
    (f) The quota for landings into ports in the area south of Humbug 
Mountain, OR (42[deg]40.50' N. lat.) to the Oregon/California Border 
(42[deg]00.00' N. lat.) (Southern Oregon subarea) is 8,605 lb (3.9 mt).
    (i) The fishing season commences on May 1, and continues 7 days per 
week until the subquota is taken, or October 31, whichever is earlier.
    (ii) The daily bag limit is one halibut per person with no size 
limit.
    (iii) No Pacific Coast groundfish may be taken and retained, 
possessed or landed, except sablefish, Pacific cod, and flatfish 
species, in areas closed to groundfish, if halibut are on board the 
vessel.
    (g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N. lat.) and along the California 
coast is 29,640 lb (13.44 mt).
    (i) The fishing season will be open May 1-15, June 1-15, July 1-15, 
August 1-15, September 1-October 31, or until the subarea quota is 
estimated to have been taken and the season is closed by the 
Commission. NMFS will announce any closure by the Commission on the 
NMFS hotline (206) 526-6667 or (800) 662-9825.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 of the Northern Pacific Halibut Act of 1982 
(Halibut Act, 16 U.S.C. 773c) provides the Secretary of Commerce with 
the general responsibility to carry out the Convention between Canada 
and the United States for the management of Pacific halibut, including 
the authority to adopt regulations as may be necessary to carry out the 
purposes and objectives of the Convention and Halibut Act. This action 
is consistent with the Pacific Council's authority to allocate halibut 
catches among fishery participants in the waters in and off the U.S. 
West Coast.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) in 
association with the proposed rule for the 2016 Area 2A Catch Sharing 
Plan. The final regulatory flexibility analysis (FRFA) incorporates the 
IRFA, a summary of the significant issues raised by the public comments 
in response to the IRFA, if any, and NMFS' responses to those comments, 
and a summary of the analyses completed to support the action. NMFS 
received no comments on the IRFA. A copy of the FRFA is available from 
the NMFS West Coast Region (see ADDRESSES) and a summary of the FRFA 
follows.
    This rule implements changes to the Halibut Catch Sharing Plan 
(CSP) that addresses the commercial and recreational fisheries within 
Area 2A (waters off the U.S. West Coast). The International Pacific 
Halibut Commission (IPHC) sets the overall Total Allowable Catch (TAC) 
and the CSP governs the allocation of that TAC between tribal and non-
tribal fisheries, and among non-tribal fisheries. The Council, with 
input from industry, the states, and the tribes, may recommend changes 
to the CSP. (Note that the IPHC also sets the commercial fishery 
opening date(s), duration, and vessel trip limits to ensure that the 
quota for the non-tribal fisheries is not exceeded.) For

[[Page 18793]]

non-tribal fisheries, the CSP governs allocations of the TAC between 
various components of the commercial fisheries and recreational 
fisheries, and these allocations may vary depending on the level of the 
TAC. Seasons, gear restrictions, and other management measures 
implemented through domestic regulations are then used to meet the 
allocations and priorities of the CSP.
    There were no significant issues raised by the public comments in 
response to IRFA. The IPHC increased the Area 2A TAC by 17.5% from 
970,000 lbs (2015) to 1,140,000 lbs (517.10 mt). Within this 17.5% 
increase, different subgroups are being affected differently because of 
the CSP allocation formula.

Changes to the Plan

    The 2A Halibut Catch Sharing Plan, as outlined above, allocates the 
TAC at various levels. The commercial fishery is further divided into a 
directed commercial fishery that is allocated 85 percent of the 
commercial allocation of the Pacific halibut TAC, and incidental catch 
in the salmon troll fishery that is allocated 15 percent of the 
commercial allocation. The directed commercial fishery in Area 2A is 
confined to southern Washington (south of 46[deg]53.30' N. lat.), 
Oregon, and California. North of 46[deg]53.30' N. lat. (Pt. Chehalis), 
the Plan allows for incidental halibut retention in the sablefish 
primary fishery when the overall Area 2A TAC is above 900,000 lb (408.2 
mt). The Plan also divides the sport fisheries into seven geographic 
subareas, each with separate allocations, seasons, and bag limits. The 
non-tribal allocation is divided into four shares. At the first level, 
there are specific percentage allocations for tribal and non-tribal 
fisheries. The non-tribal portion is then allocated to commercial 
components and to recreational components. The commercial component is 
then apportioned into directed, incidental troll, and incidental 
sablefish fisheries. The recreational portions for Oregon and 
Washington are furthered apportioned into area subquotas and these 
subquotas are further split into seasonal or depth fisheries (nearshore 
vs all depths). There may be gear restrictions and other management 
measures established as necessary to minimize the potential for the 
allocations to be exceeded.
    At the September meeting, the Council adopted a range of Plan 
alternatives for public review. For 2016, the Council adopted two types 
of changes that are discussed separately below. The first were the 
routine recreational fishery adjustments to the Plan proposed by the 
states each year to accommodate the needs of their fisheries. The 
second were changes to the Plan and codified regulations proposed by 
NMFS which do not have alternatives, because they are either mandated 
by a recent court decision or are administrative in nature. At its 
November meeting, the Council made final Plan change recommendations 
from the range of alternatives for the recreational fishery 
adjustments; which is described in detail below.
    The changes to the Plan are expected to slightly increase fishing 
opportunities in some areas and at some times and to slightly decrease 
fishing opportunities in other areas and at other times. The Council's 
recommended changes to the Plan modify the opening dates for the sport 
fisheries in Washington and Oregon with the goal of extending the 
seasons and increasing opportunity. The change to the tribal Usual 
&Accustomed (U&A) boundaries is made to comply with a court order, and 
NMFS has no discretion to do otherwise. Thus this change is not 
analyzed here. The Council considered changes to the Washington North 
Coast, Columbia River, Oregon Central Coast, and Southern Oregon 
subareas:
    (1) For the Washington North Coast, the Council considered two 
opening dates: The first Thursday in May or the first Saturday in May. 
The Council recommended and this final rule implements an opening day 
for this fishery on the first Saturday in May. This is a minor change 
that will not reduce overall fishing opportunity in this area.
    (2) For the Columbia River subarea, the Council considered two 
season structures: Status quo (4 days per week Thursday through Sunday) 
and a seven day a week fishery. The Council recommended the status quo 
season structure because ODFW did not receive definitive public support 
for this change and felt it was not necessary at this time; therefore, 
this rule does not implement changes to the Columbia River subarea.
    (3) For the Oregon Central Coast subarea, the Council considered 
two season allocation alternatives: Status quo (12 percent nearshore, 
63 percent spring, 25 percent summer) and Alternative 1 (81.75 percent 
spring and summer combined, 18.25 percent nearshore). The Council 
recommended the status quo season allocations because ODFW felt, given 
the magnitude of this change, more time was needed to allow public 
input; therefore, this rule does not implement any change to the Oregon 
Central Coast season allocations.
    (4) For the Oregon Central Coast nearshore fishery, the Council 
considered a change to the season dates: (1) Status quo fishery opens 
July 1, seven days per week until October 31; (2) fishery opens May 1, 
seven days per week, until October 31; (3) fishery opens May 1, seven 
days per week until October 31 or quota attainment, with 25 percent of 
the nearshore fishery allocation set-aside and available beginning July 
1; and (4) fishery opens May 1, seven days per week until October 31 or 
quota attainment, with 50 percent of the nearshore fishery allocation 
set-aside and available beginning July 1. The Council recommended and 
this rule implements an alternative that is within the range listed 
above that would open the fishery on June 1, seven days per week, until 
October 31. This is a minor change that will not reduce overall fishing 
opportunity in this area.
    (5) For the Southern Oregon subarea, the Council considered two 
incidental retention alternatives: Status quo (no bottomfish species 
retention outside of 30 fathoms) and Alternative 1 (allow retention of 
other species of flatfish, Pacific cod, and sablefish outside 30 
fathoms, when fishing for halibut) and an allocation modification from 
4 percent to 3.91 percent of the Oregon sport allocation. The Council 
recommended and this final rule implements the change to the subarea 
allocation and Alternative 1 with a slight modification to describe 
this allowance as allowed when groundfish retention is closed not at a 
specific depth. The changes to the Southern Oregon incidentally landed 
species allowances are expected to increase recreational opportunities 
by turning previously discarded incidental flatfish catch into landed 
catch.
    The Small Business Administration defines a ``small'' harvesting 
business as one with annual receipts, not in excess of $20.5 million. 
For related fishprocessing businesses, a small business is one that 
employs 500 or fewer persons. For wholesale businesses, a small 
business is one that employs not more than 100 people. For marinas and 
charter/party boats, a small business is one with annual receipts, not 
in excess of $7.5 million. This rule directly affects charterboat 
operations, and participants in the non-treaty directed commercial 
fishery off the coast of Washington, Oregon, and California. Applying 
the SBA's size standard for small businesses, NMFS considers all of the 
charterboat operations and participants in the non-

[[Page 18794]]

treaty directed commercial fishery affected by this action as small 
businesses.
    In 2015, 512 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: The directed commercial fishery and the 
incidental fishery in the sablefish primary fishery in Area 2A (22 
licenses in 2015); incidental halibut caught in the salmon troll 
fishery (363 licenses in 2015); and the charterboat fleet (127 licenses 
in 2013, the most recent year available). No vessel may participate in 
more than one of these three fisheries per year. These license 
estimates overstate the number of vessels that participate in the 
fishery. IPHC estimates that 60 vessels participated in the directed 
commercial fishery, 100 vessels in the incidental commercial (salmon) 
fishery, and 13 vessels in the incidental commercial (sablefish) 
fishery. All of these estimated 173 commercial vessels are considered 
small entities. Although recent information on charterboat activity is 
not available, prior analysis indicated that 60 percent of the IPHC 
charterboat license holders may be affected by these regulations.
    The major effect of halibut management on small entities is from 
the internationally set TAC decisions made by the IPHC. Based on the 
recommendations of the states, the Council recommended and NMFS is 
implementing in this final rule minor changes to the Plan to provide 
increased recreational and commercial opportunities under the 
allocations that result from the TAC. There are no large entities 
involved in the halibut fisheries; therefore, none of these changes 
will have a disproportionate negative effect on small entities versus 
large entities. These minor changes to the Plan are not expected to 
have a significant economic impact on a substantial number of small 
entities.
    This final rule does not contain a collection of information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). There are no 
projected reporting or recordkeeping requirements associated with this 
action. There are no relevant Federal rules that may duplicate, 
overlap, or conflict with this action.
    Pursuant to Executive Order 13175, the Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. Section 302(b)(5) of the 
Magnuson-Stevens Fishery Conservation and Management Act establishes a 
seat on the Council for a representative of an Indian tribe with 
federally recognized fishing rights from California, Oregon, 
Washington, or Idaho. The U.S. Government formally recognizes that 13 
Washington tribes have treaty rights to fish for Pacific halibut. The 
Plan allocates 35 percent of the Area 2A TAC to U.S. treaty Indian 
tribes in the State of Washington. Each of the treaty tribes has the 
discretion to administer their fisheries and to establish their own 
policies to achieve program objectives. Accordingly, tribal allocations 
and regulations, including the changes to the Plan, have been developed 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus.
    In 2014, an Environmental Assessment (EA) was prepared analyzing 
the continuing implementation of the Catch Sharing Plan for 2014-2016. 
The Plan changes for 2016 are not expected to have any effects on the 
environment beyond those discussed in the EA and in the finding of no 
significant impact (FONSI).
    NMFS conducted a formal section 7 consultation under the Endangered 
Species Act for the Area 2A Catch Sharing Plan for 2014-2016 addressing 
the effects of implementing the Plan on ESA-listed yelloweye rockfish, 
canary rockfish, and bocaccio in Puget Sound, the Southern Distinct 
Population Segment (DPS) of green sturgeon, salmon, marine mammals, and 
sea turtles. In the biological opinion the Regional Administrator 
determined that the implementation of the Catch Sharing Plan for 2014-
2016 is not likely to jeopardize the continued existence of Puget Sound 
yelloweye rockfish, Puget Sound canary rockfish, Puget Sound bocaccio, 
Puget Sound Chinook, Lower Columbia River Chinook, and green sturgeon. 
It is not expected to result in the destruction or adverse modification 
of critical habitat for green sturgeon or result in the destruction or 
adverse modification of proposed critical habitat for Puget Sound 
yelloweye rockfish, canary rockfish, or bocaccio. In addition, the 
opinion concluded that the implementation of the Plan is not likely to 
adversely affect marine mammals, the remaining listed salmon species 
and sea turtles, and is not likely to adversely affect critical habitat 
for Southern resident killer whales, stellar sea lions, leatherback sea 
turtles, any listed salmonids, and humpback whales. Further, the 
Regional Administrator determined that implementation of the Catch 
Sharing Plan will have no effect on southern eulachon; this 
determination was made in a letter dated March 12, 2014. The 2016 Plan 
and regulations do not change the conclusions from the biological 
opinion.
    NMFS is currently conducting informal consultation with the US Fish 
and Wildlife Service regarding the ongoing implementation of the Catch 
Sharing Plan and its effects on short-tailed and black-footed 
albatross, California least tern, marbled murrelet, bull trout, and sea 
otters. NMFS has prepared a 7(a)(2)/7(d) determination memo under the 
ESA concluding that any effects of the 2016 fishery on listed seabirds 
are expected to be quite low, and are not likely to jeopardize the 
continued existence of any listed species. Further, in no way will the 
2016 fishery make an irreversible or irretrievable commitment of 
resources by the agency.
    NMFS finds good cause to waive the 30-day delay in effectiveness 
and make this rule effective on April 1, 2016, pursuant to 5 U.S.C. 
553(d)(3), so that this final rule may become effective on April 1, 
2016, when incidental halibut retention in the sablefish primary 
fishery begins. The 2016 TAC is higher than the 2015 TAC, resulting in 
increased allocations to the salmon troll and sablefish primary 
fisheries. Therefore, allowing the 2015 measures to remain in place 
could unnecessarily restrict the fisheries with incidental landing 
limits that do not match the increased allocations. Finally, this final 
rule approves the Council's 2016 Plan that responds to the needs of the 
fisheries in each state and approves the portions of the Plan 
allocating incidentally caught halibut in the salmon troll and 
sablefish primary fisheries, which start April 1. Therefore, allowing 
the 2015 subarea allocations and Plan to remain in place would not 
respond to the needs of the fishery and would be in conflict with the 
Council's final recommendation for 2016. For all of these reasons, a 
delay in effectiveness could ultimately cause economic harm to the 
fishing industry and associated fishing communities by reducing fishing 
opportunity at the start of the fishing year to keep catch within the 
lower 2015 allocations or result in harvest levels inconsistent with 
the best available scientific information. As a result of the potential 
harm to fishing communities that could be caused by delaying the 
effectiveness of this final rule, NMFS finds good cause to waive the 
30-day delay in effectiveness and make this rule effective on April 1, 
2016.

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

[[Page 18795]]

requirements, Russian Federation, Transportation, Treaties, Wildlife.

    Dated: March 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

    Authority: 16 U.S.C. 773-773k.


0
2. In Sec.  300.61, revise the definition of ``Subarea 2A-1'' to read 
as follows:


Sec.  300.61  Definitions

* * * * *
    Subarea 2A-1 includes all waters off the coast of Washington that 
are north of the Quinault River, WA (47[deg]21.00' N. lat) and east of 
125[deg]44.00' W. long; all waters off the coast of Washington that are 
between the Quinault River, WA (47[deg]21.00' N. lat) and Point 
Chehalis, WA (46[deg]53.30' N. lat.), and east of 125[deg]08.50' W. 
long.; and all inland marine waters of Washington.
* * * * *

0
3. In Sec.  300.63, revise paragraphs (c)(3)(ii) and (e)(1), and remove 
paragraphs (f) and (g) to read as follows:


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

* * * * *
    (c) * * *
    (3) * * *
    (ii) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the West Coast Region, NMFS, at 
206-526-6667 or 800-662-9825. Since provisions of these regulations may 
be altered by inseason actions, sport fishers should monitor the 
telephone hotline for current information for the area in which they 
are fishing.
* * * * *
    (e) * * *
    (1) Non-treaty commercial vessels operating in the directed 
commercial fishery for halibut in Area 2A are required to fish outside 
of a closed area, known as the Rockfish Conservation Area (RCA), that 
extends along the coast from the U.S./Canada border south to 40[deg]10' 
N. lat. Between the U.S./Canada border and 46[deg]16' N. lat., the 
eastern boundary of the RCA, is the shoreline. Between 46[deg]16' N. 
lat. and 40[deg]10' N. lat., the RCA is defined along an eastern 
boundary by a line approximating the 30-fm (55-m) depth contour. 
Coordinates for the 30-fm (55-m) boundary are listed at 50 CFR 
660.71(e). Between the U.S./Canada border and 40[deg]10' N. lat., the 
RCA is defined along a western boundary approximating the 100-fm (183-
m) depth contour. Coordinates for the 100-fm (183-m) boundary are 
listed at 50 CFR 660.73(a).
* * * * *

0
4. In Sec.  300.64, revise paragraph (i) to read as follows:


Sec.  300.64  Fishing by U.S. treaty Indian tribes.

* * * * *
    (i) The following table sets forth the fishing areas of each of the 
13 treaty Indian tribes fishing pursuant to this section. Within 
subarea 2A-1, boundaries of a tribe's fishing area may be revised as 
ordered by a Federal Court.

------------------------------------------------------------------------
            Tribe                              Boundaries
------------------------------------------------------------------------
HOH..........................  The area between 47[deg]54.30' N. lat.
                                (Quillayute River) and 47[deg]21.00' N.
                                lat. (Quinault River) and east of
                                125[deg]44.00' W. long.
JAMESTOWN S'KLALLAM..........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1486, to be places at which the
                                Jamestown S'Klallam Tribe may fish under
                                rights secured by treaties with the
                                United States.
LOWER ELWHA S'KLALLAM........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049 and 1066 and 626 F. Supp.
                                1443, to be places at which the Lower
                                Elwha S'Klallam Tribe may fish under
                                rights secured by treaties with the
                                United States.
LUMMI........................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 384 F.
                                Supp. 360, as modified in Subproceeding
                                No. 89-08 (W.D. Wash., February 13,
                                1990) (decision and order re: cross-
                                motions for summary judgement), to be
                                places at which the Lummi Tribe may fish
                                under rights secured by treaties with
                                the United States.
MAKAH........................  The area north of 48[deg]02.25' N. lat.
                                (Norwegian Memorial) and east of
                                125[deg]44.00' W. long.
NOOKSACK.....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash. 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Nooksack Tribe may fish under rights
                                secured by treaties with the United
                                States.
PORT GAMBLE S'KLALLAM........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1442, to be places at which the
                                Port Gamble S'Klallam Tribe may fish
                                under rights secured by treaties with
                                the United States.
QUILEUTE.....................  The area between 48[deg]10.00' N. lat.
                                (Cape Alava) and 47[deg]31.70' N. lat.
                                (Queets River) and east of
                                125[deg]44.00' W. long
QUINAULT.....................  The area between 47[deg]40.10' N. lat.
                                (Destruction Island) and 46[deg]53.30'
                                N. lat. (Point Chehalis) and east of
                                125[deg]08.50' W. long.
SKOKOMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 384 F.
                                Supp. 377, to be places at which the
                                Skokomish Tribe may fish under rights
                                secured by treaties with the United
                                States.

[[Page 18796]]

 
SUQUAMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Suquamish Tribe may fish under rights
                                secured by treaties with the United
                                States.
SWINOMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Swinomish Tribe may fish under rights
                                secured by treaties with the United
                                States.
TULALIP......................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1531-1532, to be places at which
                                the Tulalip Tribe may fish under rights
                                secured by treaties with the United
                                States.
------------------------------------------------------------------------

[FR Doc. 2016-07438 Filed 3-31-16; 8:45 am]
 BILLING CODE 3510-22-P