[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Rules and Regulations]
[Pages 18581-18587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08022]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 161223999-7367-02]
RIN 0648-BG61


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 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 announces the implementation of the portions of the Plan 
and management measures that are not regulated through the IPHC, 
including the sport fishery allocations and management measures for 
Area 2A. The intent of this final rule is to conserve Pacific halibut, 
provide angler opportunity where available, and minimize bycatch of 
overfished groundfish species.

[[Page 18582]]


DATES: This rule is effective April 20, 2017. The 2017 management 
measures are effective until superseded.

ADDRESSES: Additional 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. Electronic copies 
of the Regulatory Impact Review (RIR) and Final Regulatory Flexibility 
Analysis (FRFA) prepared for this action may be obtained by contacting 
Gretchen Hanshew, phone: 206-526-6147, email: 
[email protected].

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

SUPPLEMENTARY INFORMATION:

Background

    The Northern Pacific Halibut Act (Halibut Act) of 1982, 16 U.S.C. 
773-773K, requires the Secretary of Commerce (Secretary) to adopt 
regulations as may be necessary to carry out the purposes and 
objectives of the Halibut Convention between the United States and 
Canada (Halibut Convention) (16 U.S.C. 773c) 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. Halibut Convention waters.
    Each year between 1988 and 1995, the Pacific Fishery Management 
Council (Council) developed and NMFS implemented a catch sharing plan 
in accordance with the Halibut Act to allocate the total allowable 
catch (TAC) of Pacific halibut in Area 2A between treaty Indian and 
non-Indian harvesters, and among non-Indian commercial and sport 
fisheries. In 1995, NMFS implemented the Council-recommended long-term 
Plan (60 FR 14651; March 20, 1995). Every year since, the Council has 
recommended and NMFS has approved minor revisions to the Plan to adjust 
for the changing needs of the fisheries.
    For 2017, the Council recommendation includes minor modifications 
to sport fisheries to maximize harvest opportunities while keeping 
total catch within the available quota and changes to the inseason 
procedures to allow flexibility to address bycatch concerns. The IPHC 
recommended an Area 2A TAC for 2017 of 1,330,000 pounds (lb) (603.28 
metric tons (mt)), which was included in the IPHC regulations approved 
by the Secretary of State and published by NMFS on March 7, 2017 (82 FR 
12730). On February 23, 2017, NMFS published a proposed rule to approve 
the Council's recommended changes to the Plan and recreational 
management measures for Area 2A (82 FR 11419), including allocations 
consistent with the 2017 Area 2A TAC. NMFS also proposed changing the 
codified regulations to make them consistent with the Council's 
recommended changes to the inseason provisions of the Plan. This final 
rule includes these components of the proposed rule, and also contains 
dates for the sport fisheries based on the 2017 Plan and dates 
submitted by the state of California following publication of the 
proposed rule.

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 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 of halibut in this fishery. 
The Council recommended specific Pacific halibut landing restrictions 
for the sablefish primary fishery at its March 2017 meeting. NMFS will 
publish the restrictions in a separate Federal Register notice, as an 
inseason action in the groundfish fishery by April 1, 2017, or as soon 
as possible thereafter.

Comments and Responses

    NMFS accepted public comments on the Council's recommended 
modifications to the Plan and the resulting proposed domestic fishing 
regulations through March 15, 2017. NMFS received one comment letter 
from the California Department of Fish and Wildlife (CDFW) recommending 
final recreational fishing season dates for the 2017 season. Based on 
the increased TAC and greater fishing effort, CDFW recommended season 
dates of May 1-June 15, July 1-July 15, August 1-August 15, and 
September 1-October 31, until quota has been attained or until October 
31, whichever comes first. This 2017 season recommendation is 16 days 
longer than the 2016 season dates, with most of the additional open 
days in the month of May. CDFW expects catches to be higher than the 
historically low numbers of previous years, but does not expect the 
California sport fishery allocation to be exceeded. Inseason tracking 
and monitoring of catches will continue on a weekly basis. NMFS concurs 
that the CDFW-recommended season dates are appropriate, and California 
sport fishery season dates are updated in this final rule.

Changes From the Proposed Rule

    As described in the proposed rule, additional stakeholder meetings 
took place during the winter. CDFW, in cooperation with their 
stakeholders, considered and recommended final sport fishery season 
dates. Washington and Oregon season dates were published in the 
proposed rule; this final rule includes the final California season 
dates in addition to the Washington and Oregon dates, as described 
above in Comments and Responses.
    This final rule includes introductory text at paragraph (8) that 
was mistakenly omitted in the proposed rule.
    The proposed rule included a new paragraph added at Sec.  
300.63(c)(2)(vi). The proposed text included the acronym ``YRCA,'' 
which was used for the first time in Sec.  300.63 but the proposed 
regulatory text did not define the acronym. This final rule includes a 
non-substantive revision at Sec.  300.63(c)(2)(vi), adding the 
definition of the Yelloweye Rockfish Conservation Area to the 
regulatory text, and removes the definition of the acronym from later 
in that same section, at Sec.  300.63(e)(2). The proposed rule also 
mistakenly omitted a cross-reference to Pacific coast groundfish 
regulations at Sec.  660.70(g) and (h). These two paragraphs define the 
boundaries for two Stonewall Bank YRCA expansions, which increase the 
size of the area closed by the standard Stonewall Bank YRCA (defined at 
Sec.  660.70(f)). For clarity, cross-references to the definitions of 
the two possible YRCA expansions that may be implemented inseason are 
added in this final rule. These changes to Sec.  300.63(c)(2)(vi) are 
not substantive and do not change the intent or meaning of the 
regulation described in the proposed rule.

2017 Sport Fishery Management Measures

    The sport fishing regulations for Area 2A, included in section 26 
(referring to the relevant section of the IPHC regulations) below, are 
consistent with the measures adopted by the IPHC and approved by the 
Secretary of State, but were developed by the Council and promulgated 
by the United States under

[[Page 18583]]

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 7, 2017 (82 FR 12730). The Plan is published in the Federal 
Register but is not codified in the Code of Federal Regulations.
    In section 26 of the annual domestic management measures, ``Sport 
Fishing for Halibut'' paragraph (8) is revised to read as follows:
* * * * *
    (8) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the inseason 
actions consistent with 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 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 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

[[Page 18584]]

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.
    (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 May 1 through June 15, July 1 
through July 15, August 1 through August 15, and September 1 through 
October 31, 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.

[[Page 18585]]

    (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 Council, the North Pacific Fishery 
Management Council, and the Secretary. Section 5 of the Halibut Act (16 
U.S.C. 773c) provides the Secretary with the general responsibility to 
carry out the Halibut 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 Halibut Convention and Halibut Act. This action is 
consistent with the Secretary's authority under the Halibut Act.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    When an agency proposes regulations, the Regulatory Flexibility Act 
(RFA) requires the agency to prepare and make available for public 
comment an Initial Regulatory Flexibility Analysis (IRFA) document 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. After the public 
comment period, the agency prepares a FRFA that takes into 
consideration any new information and public comments. This FRFA 
incorporates the IRFA and a summary of the analyses completed to 
support the action. The FRFA describes the impacts on small entities, 
which are defined in the IRFA for this action and are not repeated 
here. Below is a summary of the full analysis contained in the FRFA.
    The FRFA must contain: (1) A statement of the need for, and 
objectives of, the rule; (2) A statement of the significant issues 
raised by the public comments in response to the IRFA, a summary of the 
assessment of the agency of such issues, and a statement of any changes 
made in the proposed rule as a result of such comments; (3) The 
response of the agency to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration (SBA) in response to the 
proposed rule, and a detailed statement of any change made to the 
proposed rule in the final rule as a result of the comments; (4) A 
description and an estimate of the number of small entities to which 
the rule will apply, or an explanation of why no such estimate is 
available; (5) A description of the projected reporting, recordkeeping 
and other compliance requirements of the rule, including an estimate of 
the classes of small entities which will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record; and (6) A description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected. The description of 
this action, its purpose, and its legal basis are described in the 
preamble to the proposed rule and are not repeated here.
    NMFS published the proposed rule on March 7, 2017 (82 FR 11419). An 
IRFA was prepared and summarized in the Classification section of the 
preamble to the proposed rule. The comment period for the proposed rule 
closed on March 15, 2017, and no comments were received on the IRFA or 
the economic impacts of this action. The Chief Counsel for Advocacy of 
the SBA did not file any comments on the proposed rule.

A Description and an Estimate of the Number of Small Entities To Which 
the Final Rule Will Apply

    This final 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 RFA.
    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 2016, 607 vessels were issued IPHC 
licenses to retain halibut. IPHC issues licenses for: The directed 
commercial fishery (159 licenses in 2016) and the incidental fishery in 
the sablefish primary fishery in Area 2A (8 licenses in 2016); 
incidental halibut caught in the salmon troll fishery (310 licenses in 
2016); and the charterboat fleet (120 licenses in 2016). 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.
    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 and the Council, NMFS is implementing 
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

[[Page 18586]]

impact on a substantial number of small entities.

A Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes, Including a Statement of the 
Factual, Policy, and Legal Reasons for Selecting the Alternative 
Adopted in the Final Rule and the Reason That Each One of the Other 
Significant Alternatives to the Rule Considered by the Agency Was 
Rejected

    There were no significant alternatives to the final rule that would 
minimize any significant impact on small entities. The Council 
recommended minor changes including updates to sport fishery season 
dates, a new state-wide season date structure for Washington sport 
fisheries, catch monitoring improvements in Puget Sound, and refining 
management measures to better control fishing effort on Pacific halibut 
and bycatch of co-occurring species such as lingcod and yelloweye 
rockfish. The purpose of these changes is to allow increased access to 
quota of halibut and co-occurring species, reduce bycatch of overfished 
species, and improve management precision. In developing the minor 
changes to the Plan that it recommended to NMFS, the Council considered 
and accepted public comment on alternatives. In large part, these 
included ``status quo'' and ``action'' alternatives, where ``status 
quo'' represented the 2016 Plan. For example, with respect to a change 
from fixed seasons to inseason monitoring and management in Puget 
Sound, the Council considered retaining current management or changing 
to inseason monitoring and management.
    For the change to lingcod retention in the portion of the Columbia 
River subarea north of the Oregon/Washington border, the Council 
considered an alternative that would cap the number of lingcod that 
could be retained on halibut trips, in addition to an alternative that 
would allow unlimited lingcod retention. Also, the Council considered a 
few minor changes that were not adopted. These changes included non-
tribal allocation changes among commercial and recreational Pacific 
halibut fisheries, as well as shifting quota among Oregon state's 
recreational fisheries. Changing allocation schemes between the non-
tribal commercial and recreational fisheries proved to be difficult, 
and the Council ultimately decided that the potential benefits were too 
few. The Council chose to maintain the current Oregon recreational 
season structures, because other management measures were developed to 
reduce yelloweye rockfish bycatch that did not require changes to the 
season structures.
    The changes to the Plan are expected to slightly increase fishing 
opportunities in some areas at some times and to slightly decrease 
fishing opportunities in other areas at other times. None of these 
changes are controversial and none are expected to result in 
substantial environmental or economic impacts. These actions are 
intended to enhance the conservation of Pacific halibut, to provide 
angler opportunity where available, and to protect overfished 
groundfish species from incidental catch in the halibut fisheries. NMFS 
does not consider the changes to the plan that were considered by the 
Council to constitute significant alternatives; therefore, NMFS did not 
analyze alternatives to the above changes to the Plan other than the 
proposed changes and the status quo for purposes of the FRFA. Effects 
of the status quo and the final changes are similar because the changes 
to the Plan for 2017 are not substantially different from the 2016 
Plan. The changes to the Plan are not expected to have a significant 
economic impact.
    The changes to the Plan and codified regulations are authorized 
under the 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 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 Plan's objectives. The 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 have a ``significant'' economic impact on a 
``substantial number'' of small entities. Nonetheless, NMFS has 
prepared a FRFA, for which the full analysis is available from the 
Council or NMFS (see ADDRESSES).
    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.
    NMFS prepared an environmental assessment (EA) for the continued 
implementation of the Plan in 2014 and the Plan changes for 2017 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). A copy of the EA is available from NMFS (see ADDRESSES).
    NMFS conducted a formal Section 7 consultation under the Endangered 
Species Act (ESA) for the Area 2A Catch Sharing Plan for 2017 (March 
17, 2017) addressing the effects of implementing the Plan on ESA-listed 
yelloweye rockfish, canary rockfish, and bocaccio in Puget Sound, the 
Southern Distinct Population Segment of green sturgeon, salmon, marine 
mammals, and sea turtles. In the biological opinion the Regional 
Administrator determined that the implementation of the Plan for 2017 
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 southern 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, leatherback sea 
turtles, any listed salmonids, and

[[Page 18587]]

humpback whales. Further, the Regional Administrator determined, in a 
letter dated March 12, 2014, that implementation of the Plan will have 
no effect on the southern DPS of eulachon.
    NMFS has initiated consultation with the U.S. Fish and Wildlife 
Service on the effects of the halibut fishery on seabirds, bull trout, 
and sea otters. This consultation is not complete at this time. NMFS 
has prepared a 7(a)(2)/7(d) determination memo under the ESA concluding 
that any effects of the 2017 fishery on listed seabirds are not likely 
to jeopardize the continued existence of any listed species; nor will 
it 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 upon publication in the Federal Register, 
pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become 
effective on April 1, 2017, when incidental halibut retention in the 
sablefish primary fishery begins, or as soon as possible thereafter. 
This rule includes NMFS' approval of the Council's recommended changes 
to the Plan for 2017. The Catch Sharing Plan includes the allocation to 
the sablefish primary fishery. Additionally, the Council's 2017 Plan 
approved in this rule includes changes that respond to the needs of the 
fisheries in each state, including fisheries that begin in early May. 
Therefore, allowing the 2016 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 2017. For these 
reasons, a delay in effectiveness could 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 2016 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 upon 
publication in the Federal Register.

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.

    Dated: April 17, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300, subpart 
E, 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.  300.63, add paragraph (c)(1)(v), revise paragraphs 
(c)(2)(iv) and (v), add paragraph (c)(2)(vi), and revise paragraph 
(e)(2) 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 the Stonewall Bank Yelloweye Rockfish 
Conservation Area (YRCA) restrictions off Oregon using YRCA expansions 
as defined in groundfish regulations at 50 CFR 660.70(g) or (h).
* * * * *
    (e) * * *
    (2) Non-treaty commercial vessels operating in the incidental catch 
fishery during the sablefish primary fishery north of Pt. Chehalis, 
Washington, in Area 2A are required to fish outside of a closed area. 
Under Pacific Coast groundfish regulations at 50 CFR 660.230, fishing 
with limited entry fixed gear is prohibited within the North Coast 
Commercial YRCA. It is unlawful to take and retain, possess, or land 
halibut taken with limited entry fixed gear within the North Coast 
Commercial YRCA. The North Coast Commercial YRCA is an area off the 
northern Washington coast, overlapping the northern part of the North 
Coast Recreational YRCA, and is defined by straight lines connecting 
latitude and longitude coordinates. Coordinates for the North Coast 
Commercial YRCA are specified in groundfish regulations at 50 CFR 
660.70(b).
* * * * *
[FR Doc. 2017-08022 Filed 4-19-17; 8:45 am]
 BILLING CODE 3510-22-P