[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Proposed Rules]
[Pages 11419-11425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03497]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 161223999-7143-01]
RIN 0648-BG61


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch 
Sharing Plan (Plan) and codified regulations for the International 
Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A 
off Washington, Oregon, and California (Area 2A). In addition, NMFS 
proposes to implement the portions of the Plan and management measures 
that are not implemented through the IPHC. These measures include the 
sport fishery allocations and management measures for Area 2A. These 
actions are intended to conserve Pacific halibut, provide angler 
opportunity where available, and minimize bycatch of overfished 
groundfish species.

DATES: Comments on the proposed changes to the Plan and the codified 
regulations, and on the proposed domestic Area 2A Pacific halibut 
management measures must be received by March 15, 2017.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2016-0144, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0144, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Barry A. Thom, Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender is publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

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

Background

    The Northern Pacific Halibut Act (Halibut Act) of 1982, 16 U.S.C. 
773-773K, gives the Secretary of Commerce (Secretary) general 
responsibility for implementing the provisions of the Halibut 
Convention between the United States and Canada (Halibut Convention) 
(16 U.S.C. 773c). It requires the Secretary to adopt regulations as may 
be necessary to carry out the purposes and objectives of the Halibut 
Convention and the Halibut Act. Section 773c of the Halibut Act also 
authorizes the regional fishery management councils to develop 
regulations in addition to, but not in conflict with, regulations of 
the IPHC to govern the Pacific halibut catch in their corresponding 
U.S. Convention waters.
    Each year between 1988 and 1995, the Pacific Fishery Management 
Council (Council) developed and NMFS implemented a catch sharing plan 
in

[[Page 11420]]

accordance with the Halibut Act to allocate the total allowable catch 
(TAC) of Pacific halibut between treaty Indian and non-Indian 
harvesters and among non-Indian commercial and sport fisheries in 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.
    For 2017, the Council recommendation includes minor modifications 
to sport fisheries to better match the needs of the fisheries and 
changes to the inseason procedures to allow flexibility to address 
bycatch concerns. NMFS is also proposing to make changes to the 
codified regulations to make them consistent with the Council's 
recommended changes to the inseason provisions of the Plan. This rule 
does contain some dates for the sport fisheries based on the 2017 Plan 
as recommended by the Council. However, some dates have yet to be 
determined by the affected states; those will be included in the final 
rule. This rule does account for the final 2A TAC recommended by the 
IPHC at its annual meeting January 23-27, 2017. The IPHC recommended an 
Area 2A TAC of 1,330,000 lbs.

Incidental Halibut Retention in the Sablefish Primary Fishery North of 
Pt. Chehalis, WA

    The Plan provides that incidental halibut retention in the 
sablefish primary fishery north of Pt. Chehalis, WA, will be allowed 
when the Area 2A TAC is greater than 900,000 lb (408.2 metric ton 
(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). The Area 2A TAC 
for 2017 is high enough to allow incidental retention. The Council will 
recommend specific Pacific halibut landing restrictions for the 
sablefish primary fishery at its March 2017 meeting. Following this 
meeting, NMFS will publish the restrictions in the Federal Register.

Opportunity for Public Comment

    Through this proposed rule, NMFS requests public comments on the 
Council's recommended modifications to the Plan and the resulting 
proposed domestic fishing regulations by March 15, 2017. A 20-day 
comment period is necessary to allow adequate time for the final rule 
to be effective by April 1, 2017, when the incidental fisheries begin. 
The states of Oregon and California will conduct public workshops in 
February to obtain input on the sport season dates. The state of 
Washington has already determined season dates following input from its 
public. Following the proposed rule comment period, NMFS will review 
public comments and comments from the states, and issue a final rule. 
Either that final rule or an additional rule will include the IPHC 
regulations and regulations for the West Coast and Alaska.

Proposed Changes to the Plan

    Each year, the Washington Department of Fish and Wildlife (WDFW), 
Oregon Department of Fish and Wildlife (ODFW), California Department of 
Fish and Game (CDFG), and the tribes with treaty fishing rights for 
halibut consider whether to pursue changes to the Plan to meet the 
needs of the fishery. In determining whether changes are needed, the 
state agencies hold public meetings prior to the Council's September 
meeting. Subsequently, they recommend changes to the Council at its 
September meeting. In 2016, fishery managers from all three state 
agencies held public meetings on the Plan prior to the Council's 
September meeting. At the September 2016 Council meeting, WDFW and ODFW 
recommended changes to the Plan and codified state regulations. NMFS, 
the tribes, and CDFW did not recommend changes to the Plan or state 
regulations. The Council voted to solicit public input on all of the 
changes recommended by the state agencies, several of which were 
presented in the form of alternatives. WDFW and ODFW subsequently held 
public workshops on the recommended changes.
    At its November 13-21, 2016, meeting the Council considered the 
results of state-sponsored workshops on the recommended changes to the 
Plan and public input provided at the September and November Council 
meetings, and made its final recommendations for modifications to the 
Plan. NMFS proposes to adopt all of the Council's recommended changes 
to the Plan as further discussed below. NMFS also proposed to make 
changes to the codified regulations at Sec.  300.63.

Proposed Changes to the Plan

    1. In section (f)(1)(i), Washington inside waters (Puget Sound) 
subarea, language regarding structuring goals for the fishery and 
subarea-specific season dates is deleted. To replace this, language is 
added describing WDFW's proposed process for developing coastwide 
season dates each year and criteria for those season dates; 
specifically: The fishery will open in early May and be open up to two 
days per week, including one weekday and one weekend day. Season 
structure will include periodic closures to allow assessment of catch 
relative to subarea quota, and additional openings may be allowed 
subsequently if sufficient quota remains. Language stating that WDFW is 
unable to monitor catch inseason and manage for quota inseason are 
deleted. Beginning in 2017, WDFW intends to implement inseason 
monitoring.
    2. In section (f)(1)(ii), Washington North Coast subarea, language 
regarding structuring goals for the fishery and subarea-specific season 
dates is deleted. New language is added describing WDFW's proposed 
process for developing coastwide season dates each year, specifically: 
The fishery will open in early May and be open up to two days per week, 
including one weekday and one weekend day. Season structure will 
include periodic closures to allow assessment of catch relative to 
subarea quota, and additional openings may be allowed subsequently if 
sufficient quota remains.
    3. In section (f)(1)(iii), Washington South Coast subarea, language 
regarding a structuring objective for the subarea is deleted. For the 
primary fishery, season dates will be developed according to the 
process and criteria described above for Puget Sound and the North 
Coast subareas. For the nearshore fishery, fishing will be allowed 
following the primary fishery, seven days per week, until the remaining 
quota is taken.
    4. In section (f)(1)(iv), Columbia River subarea, retention of 
lingcod will be allowed north of the Washington-Oregon border during 
May, as allowed by the groundfish regulations.
    5. In section (f)(1)(v), Oregon Central Coast subarea, the Plan is 
changed to allow retention of groundfish during days open to all-depth 
halibut fishing and open to all-depth groundfish fishing, as allowed by 
the groundfish regulations. During days open to nearshore halibut 
fishing, flatfish may be retained seaward of seasonal groundfish depth 
restrictions.
    6. In section (f)(5)(i), flexible inseason management provisions, a 
new subsection (E) is added allowing inseason modification of the 
halibut regulations to address significant bycatch of yelloweye 
rockfish in the Oregon subareas.
    7. In section (f)(5)(ii), flexible inseason management provisions, 
a new subsection (F) is added stating that regulations pertaining to 
the Stonewall Bank Yelloweye Rockfish Conservation Area may be modified 
inseason.
    NMFS proposes to approve the Council's recommendations and to 
implement the changes described above.

[[Page 11421]]

A version of the Plan including these changes can be found at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html

Proposed Changes to the Regulations

    1. In Sec.  300.63, at the description of the flexible management 
of sport fisheries in Area 2A, paragraph (c)(1)(v) is added to describe 
a situation where inseason management action may be taken in Oregon 
sport halibut fisheries if yelloweye rockfish impacts are greater than 
22 percent of Oregon's recreational yelloweye rockfish harvest 
guideline. This allows management of Oregon sport fisheries that 
harvest yelloweye rockfish incidentally, including halibut fisheries, 
flexibility to keep harvest of yelloweye rockfish within the harvest 
guideline while also allowing fishing opportunities for co-occurring 
stocks like halibut and bottomfish.
    2. For the same reasons, in Sec.  300.63, at the description of the 
flexible management of sport fisheries in Area 2A, paragraph (c)(2)(vi) 
is added to specify that modifications to the boundaries of the 
Stonewall Bank Yelloweye Rockfish Conservation Area off Oregon to the 
list of changes that may be considered inseason.
Subarea Allocations
    At its January 22-27 annual meeting, the IPHC recommended a 2017 
Area 2A total allowable catch (TAC) of 1,330,000 pounds (lb) and a 
coastwide total constant exploitation yield (TCEY) of 40,740,000 lb. 
The table below shows the fishery and subarea allocations obtained by 
applying the allocation framework described in the Area 2A CSP to the 
2017 TAC.

  Table 1--Coastwide TCEY, Area 2A TAC, and Area 2A Fishery and Subarea
                          Allocations for 2017
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     Coastwide TCEY and Area 2A TAC for 2017  (all values in pounds)
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                                                           40.74 million
                                                              pounds:
                                                             1,330,000
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Tribal Ceremonial and Subsistence.......................          29,600
Tribal Commercial.......................................         435,900
Non-Tribal Commercial Directed..........................         225,591
Non-Tribal Incidental Salmon Troll......................          39,810
Non-Tribal Incidental Sablefish Primary.................          70,000
Sport Puget Sound.......................................          64,962
Sport WA North Coast....................................         115,599
Sport WA South Coast....................................          50,307
Sport Columbia River....................................          12,799
Sport OR Central Coast..................................         240,812
Sport Southern Oregon...................................          10,039
Sport California........................................          34,580
------------------------------------------------------------------------

Proposed 2017 Sport Fishery Management Measures

    NMFS also proposes sport fishery management measures, including 
season dates and bag limits that are necessary to implement the Plan in 
2017. The Plan is published in the Federal Register but is not codified 
in the Code of Federal Regulations. The annual domestic management 
measures are published each year through a final rule. For the 2016 
fishing season, the final rule for Area 2A sport fisheries was 
published on April 1, 2016 (81 FR 18789) and the final rule for the 
commercial fisheries was published on March 16, 2016 (81 FR 14000) 
along with the IPHC regulations. Therefore, the section numbers for the 
commercial fisheries below refer to sections in the March 16 final 
rule, and the section numbers for the recreational fisheries refer to 
sections in the April 1 final rule. Where season dates are not 
indicated, those dates will be provided in the final rule, following 
consultation with the states and the public.
    In section 26 of the annual domestic management measures, ``Sport 
Fishing for Halibut'' paragraph (8) is proposed to read as follows:
* * * * *
    (8) * * *
    (a) The quota for 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 64,962 lb (29.47 mt).
    (i) The fishing seasons are:
    (A) Fishing is open May 4, 6, and 11. Any openings after May 11 
will be based on available quota and announced on the NMFS hotline.
    (B) If sufficient quota remains, the fishery will reopen on May 21 
and/or May 25; June 1, and/or June 4, or until there is not sufficient 
quota for another full day of fishing and the area is closed by the 
Commission. After May 11, any fishery opening will be announced on the 
NMFS hotline at 800-662-9825. No halibut fishing will be allowed after 
May 11 unless the date is announced on the NMFS hotline.
    (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 115,599 lb (52.43 mt).
    (i) The fishing seasons are:
    (A) Fishing is open May 4, 6, and 11. Any openings after May 11 
will be based on available quota and announced on the NMFS hotline.
    (B) If sufficient quota remains, the fishery will reopen on May 21 
and/or May 25; June 1, and/or June 4, or until there is not sufficient 
quota for another full day of fishing and the area is closed by the 
Commission. After May 11, any fishery opening will be announced on the 
NMFS hotline at 800-662-9825. No halibut fishing will be allowed after 
May 11 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 50 CFR 
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 50,307 lb (22.82 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.; and
    (4) 46[deg]58.00' N. lat., 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 48,307 
lb (21.91 mt) for the primary fishery and 2,000 lb (0.91 mt) for the 
nearshore fishery. The primary fishery season dates are May 4, 6, and 
11. If the primary quota is projected to be obtained sooner than 
expected, the management closure may

[[Page 11422]]

occur earlier. If sufficient quota remains the primary fishery will 
reopen on May 21 and/or May 25; June 1, and/or June 4 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 the first 
Saturday subsequent to closure of the primary fishery, and is open 7 
days per week, until 50,307 lb (22.82 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 12,799 lb (5.81 
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 Columbia River 
(46[deg]16.00' N. lat., 124[deg]15.88' W. long.) by connecting the 
following coordinates in Washington 46[deg]38.17' N. lat., 
124[deg]15.88' W. long., 46[deg]16.00' N. lat., 124[deg]15.88' W. long. 
and connecting to the boundary line approximating the 40 fm (73 m) 
depth contour in Oregon. 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 12,799 lb (5.81 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, flatfish species, and lingcod caught north of 
the Washington-Oregon border during the month of May, 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 Central Coast subarea), is 240,812 lb 
(109.23 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, until the sub-quota 
for the central Oregon ``inside 40-fm'' fishery of 28,897 lb (13.11 mt) 
or any in-season revised subquota, is estimated to have been taken and 
the season is closed by the Commission, or October 31, 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 
50 CFR 660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 11, 12, 13; 18, 19, 20; June 1, 2, 3; 8, 
9, 10; and 15, 16, 17. The allocation to the spring season all-depth 
fishery is 151,172 lb (68.57 mt). If sufficient unharvested quota 
remains for additional fishing days, the season will re-open. Possible 
re-opening dates are June 29, 30, July 1; 13, 14, 15; and 27, 28, 29. 
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) The third season (summer season), which is for the ``all-
depth'' fishery, will be open August 4, 5; 18, 19; September 1, 2; 15, 
16; 29, 30; October 13, 14; 27 and 28, and will continue 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. The allocation to the summer season all-depth fishery is 
60,203 lb (27.31 mt). 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 18 and ending October 31 or when there is 
insufficient quota remaining, whichever is earlier. 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 8 and 9, and ending 
October 31 or upon quota attainment, whichever is earlier. 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.

[[Page 11423]]

    (iii) During days open to all-depth halibut fishing when the 
groundfish fishery is restricted by depth, no groundfish may be taken 
and retained, possessed or landed, except sablefish, Pacific cod and 
flatfish species when allowed by groundfish regulations, if halibut are 
on board the vessel. During days open to all-depth halibut fishing when 
the groundfish fishery is open to all depths, any groundfish species 
permitted under the groundfish regulations may be retained, possessed 
or landed if halibut are on aboard the vessel. During days open to 
nearshore halibut fishing, flatfish species may be taken and retained 
seaward of the seasonal groundfish depths restrictions, if halibut are 
on board the vessel.
    (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 50 CFR 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 10,039 lb (4.55 
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 34,580 lb (15.69 mt).
    (i) The fishing season will be open (season dates will be inserted 
in the final rule), or until the subarea quota is estimated to have 
been taken and the season is closed by the Commission, or October 31, 
whichever is earlier. 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 
proposed rule is consistent with the Secretary of Commerce's authority 
under the Halibut Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A summary of the analysis follows.
    The RFA, 5 U.S.C. 603 et seq., requires government agencies to 
assess the effects that regulatory alternatives would have on small 
entities, defined as any business/organization independently owned and 
operated, not dominant in its field of operation (including its 
affiliates) and:
     A ``small'' harvesting business has combined annual 
receipts of $11 million or less for all affiliated operations 
worldwide.
     A small fish-processing business is one that employs 750 
or fewer persons for all affiliated operations worldwide. NMFS is 
applying this standard to catcher/processors for the purposes of 
rulemaking, because these vessels earn the majority of their revenue 
from selling processed fish.
     For marinas and charter/party boats, annual receipts not 
in excess of $7.5 million.
     A wholesale business servicing the fishing industry is a 
small business if it employs 100 or fewer persons on a full time, part 
time, temporary, or other basis, at all its affiliated operations 
worldwide.
     For the purposes of this rulemaking, a nonprofit 
organization is determined to be ``not dominant in its field of 
operation'' if it is considered ``small'' under SBA size standards:
    Environmental, conservation, or professional organizations: 
Combined annual receipts of $15 million or less. Other organizations: 
Combined annual receipts of $7.5 million or less.
    The RFA defines small governmental jurisdictions as governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts with populations of less than 50,000.
    On December 29, 2015, the National Marine Fisheries Service (NMFS) 
issued a final rule establishing a small business size standard of $11 
million in annual gross receipts for all businesses primarily engaged 
in the commercial fishing industry (NAICS 11411) for Regulatory 
Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 
29, 2015). The $11 million standard became effective on July 1, 2016, 
and is to be used in place of the U.S. Small Business Administration's 
(SBA) current standards of $20.5 million, $5.5 million, and $7.5 
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and 
other marine fishing (NAICS 114119) sectors of the U.S. commercial 
fishing industry in all NMFS rules subject to the RFA after July 1, 
2016. Id. at 81194.
    When an agency proposes regulations, the RFA requires the agency to 
prepare and make available for public comment an IRFA that describes 
the impact on small businesses, non-profit enterprises, local 
governments, and other small entities. The IRFA is to aid the agency in 
considering all reasonable regulatory alternatives that would minimize 
the economic impact on affected small entities.

Description and Estimate of the Number of Small Entities to Which the 
Rule Applies

    In determining the potential universe of entities subject to this 
rule, we must consider those entities to which this rule applies. 
Although many small and large nonprofit enterprises track fisheries 
management issues on the West Coast, the proposed changes to the Plan, 
codified regulations, and annual management measures will not directly 
affect those enterprises. Similarly, although many fishing communities 
are small governmental jurisdictions, no

[[Page 11424]]

direct regulations for those governmental jurisdictions will result 
from this proposed rule. However, this rule directly affects 
charterboat operations, and participants in the non-treaty directed 
commercial fishery off the coast of Washington, Oregon, and California.
    Specific data on the economics of halibut charter operations is 
unavailable. However, in January 2004, the Pacific States Marine 
Fisheries Commission (PSMFC) completed a report on the overall West 
Coast charterboat fleet. In surveying charterboat vessels concerning 
their operations in 2000, the PSMFC estimated that there were about 315 
charterboat vessels in operation off Washington and Oregon. In 2000, 
IPHC licensed 130 vessels to fish in the halibut sport charter fishery. 
Comparing the total charterboat fleet to the 130 and 142 IPHC licenses 
in 2000 and 2007, respectively, approximately 41 to 45 percent of the 
charterboat fleet could participate in the halibut fishery. The PSMFC 
has developed preliminary estimates of the annual revenues earned by 
this fleet and they vary by size class of the vessels and home state. 
Small charterboat vessels range from 15 to 30 feet and typically carry 
5 to 6 passengers. Medium charterboat vessels range from 31 to 49 feet 
in length and typically carry 19 to 20 passengers. (Neither state has 
large vessels of greater than 49 feet in their fleet.) Average annual 
revenues from all types of recreational fishing, whale watching and 
other activities ranged from $7,000 for small Oregon vessels to 
$131,000 for medium Washington vessels. These data confirm that 
charterboat vessels qualify as small entities under the Regulatory 
Flexibility Act.
    Commercial harvest vessels in West Coast fisheries are generally 
considered ``small vessels'' unless they are associated with a catcher-
processor company or affiliated with a large shorebased processing 
company. Catcher-processors cannot target halibut or keep halibut as 
bycatch. NOAA is unaware that any ``large'' seafood processing 
companies are affiliated with any of the IPHC permit holders.
    Charterboats and the non-treaty directed commercial fishing vessels 
are considered 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 indicate the maximum number of vessels that 
participate in the fishery, and may be an overestimate because some 
vessels that obtain a license do not always participate in the halibut 
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. 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.

Estimate of Economic Impacts on Small Entities, by Entity Size and 
Industry

    The major effect of halibut management on small entities will be 
from the internationally set TAC decisions made by the IPHC. Based on 
the recommendations of the states, the Council and NMFS are proposing 
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 proposed 
changes to the Plan are not expected to have a significant economic 
impact on a substantial number of small entities.
    A description of any significant alternatives to the proposed rule 
that accomplish the stated objectives of applicable statutes and that 
minimize any significant economic impact of the proposed rule on small 
entities.
    There were no significant alternatives to the propose rule that 
would minimize any significant impact on small entities.

RFA-Determination of a Significant Impact

    The proposed changes to the Plan and codified regulations are 
authorized under the Pacific Halibut Act, implementing regulations at 
50 CFR 300.60-65, and the Council process of annually evaluating the 
utility and effectiveness of Area 2A halibut management under the Plan. 
The proposed sport and commercial management measures implement the 
Plan by managing the fisheries to meet the differing fishery needs of 
the various areas along the coast according to the Plans objectives. 
The proposed changes to the Plan and domestic management measures do 
not include any new reporting or recordkeeping requirements. These 
changes will also not duplicate, overlap or conflict with other laws or 
regulations. Consequently, these changes are not expected to meet any 
of the RFA tests of having a ``significant'' economic impact on a 
``substantial number'' of small entities. Nonetheless, NMFS has 
prepared this IRFA. Through the rulemaking process associated with this 
action, we are requesting comments on this conclusion.
    A copy of this analysis is available from the Council or NMFS (see 
ADDRESSES).
    This proposed 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 Pacific 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 the 13 Washington 
Tribes have treaty rights to fish for Pacific halibut. In general 
terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed fishing areas (described at 50 CFR 300.64). 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 proposed 
changes to the Plan, have been developed in consultation with the 
affected tribe(s) and, insofar as possible, with tribal consensus.

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.

    Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.


[[Page 11425]]


    Dated: February 17, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 300, subpart 
E, is proposed to be 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.  300.63 revise paragraphs (c)(2)(iv) and (c)(2)(v) and add 
paragraphs (c)(1)(v) and (c)(2)(vi) to read as follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (v) Notwithstanding regulations at (c)(1)(i) of this section, if 
the total estimated yelloweye rockfish bycatch mortality from 
recreational halibut trips in all Oregon subareas is projected to 
exceed 22 percent of the annual Oregon recreational yelloweye rockfish 
harvest guideline, NMFS may take inseason action to reduce yelloweye 
rockfish bycatch mortality in the halibut fishery while allowing 
allocation objectives to be met to the extent possible.
    (2) * * *
    (iv) Modification of sport fishing days per calendar week;
    (v) Modification of subarea quotas; and
    (vi) Modification of Stonewall Bank YRCA restrictions off Oregon.
* * * * *
[FR Doc. 2017-03497 Filed 2-22-17; 8:45 am]
 BILLING CODE 3510-22-P