[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Proposed Rules]
[Pages 4175-4181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01772]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 171205999-8043-01]
RIN 0648-BH45


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 1, 2018.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2017-0157, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0157, 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. Attn: Kathryn Blair.
    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).
    Docket: This rule is accessible via the internet at the Office of 
the Federal Register website at http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the 
NMFS West Coast Region website at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html and at the Council's website at http://www.pcouncil.org. Other comments received may be accessed through 
Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 206-526-6140, 
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, 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 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 Pacific Council-recommended long-term 
Plan (60 FR 14651, March 20, 1995). Every year since then, minor 
revisions to the Plan

[[Page 4176]]

have been made to adjust for the changing needs of the fisheries.
    For 2018, the Council has recommended minor modifications to sport 
fisheries to better match the needs of the fishery, and changes to 
incidental retention in the sablefish fishery. This proposed rule 
contains some dates for the sport fisheries based on the 2018 Plan as 
recommended by the Council; however, affected states are holding public 
meetings to gather input on some final season dates that will be set 
after the final 2A TAC is determined by the IPHC at its annual meeting 
January 22-26, 2018. The states will submit final season dates to NMFS 
after stakeholders have had the availability to comment. These state-
determined season dates are included in the final rule because 
recreational halibut fishing takes place in state and federal waters.

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 Washington recreational TAC is 224,110 (101.7 mt) or greater, 
provided that a minimum of 10,000 lb (4.5 mt) is available. Because the 
IPHC has not yet set the 2018 Area 2A TAC, it is unclear at this point 
whether this incidental retention will be allowed in 2018. If it is, 
the Council will recommend landing restrictions at its March 2018 
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 
Pacific Council's recommended modifications to the Plan and the 
resulting proposed domestic fishing regulations by March 1, 2018. 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 the 
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 Wildlife (CDFW), 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 annual 
September meeting. Subsequently, they recommend changes to the Council 
at its September meeting. In 2017, fishery managers from all three 
state agencies held public meetings on the Plan prior to the Council's 
September meeting. At the September 2017 Council meeting, WDFW and ODFW 
proposed changes to the Plan. NMFS, the tribes, and CDFW did not 
recommend changes to the Plan or regulations. The Council voted to 
solicit public input on all of the changes recommended by the state 
agencies, a few of which were presented in the form of alternatives. 
WDFW and ODFW subsequently held public workshops on the recommended 
changes.
    At its November 14-20, 2017, meeting the Council considered the 
results of state-sponsored workshops on the recommended changes to the 
Plan, along with public input provided at the 2017 September and 
November Council meetings, and made its final recommendations for 
modifications to the Plan. NMFS proposes to approve all of the 
Council's recommended changes to the Plan as further discussed below.
    1. In section (e)(3), Incidental catch in the sablefish fishery 
north of Point Chehalis, modify the sablefish allocation from 70,000 
pounds to 50,000 when Area 2A total allowable catch (TAC) is less than 
1.5 million pounds. The goal of this change is to limit the amount of 
unused quota in the incidental sablefish fishery while providing more 
opportunity to the Washington recreational sector. Remove the 
requirement that the Area 2A TAC be at least 900,000 pounds in order 
for incidental catch in the sablefish fishery to be allowed, as this 
requirement is inconsistent with the current allocation structure in 
the Plan.
    2. In sections (f)(1)(i-iii), Washington sport fisheries, modify 
the language used in setting open days, specifically: ``seasons will 
open in early May and may be open up to two days per week and may 
include one weekday and one weekend day. Season structure may include 
periodic closures to assess the remaining quota for the subarea.'' This 
change provides flexibility in setting open fishing days.
    3. In section (f)(1)(iv), Columbia River subarea, modify the open 
days to Thursday, Friday, and Sunday, to allow for the season to extend 
further into the summer.
    These changes are explained in more detail in materials submitted 
to the Council at its September and November meetings, available at 
https://www.pcouncil.org/council-operations/council-meetings/past-meetings/. NMFS proposes to approve the Council's recommendations and 
to implement the changes described above. 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

    NMFS proposes to make the following change to its codified 
regulations to the halibut fishery: in Sec.  [thinsp]300.63, at the 
description of the allocation structure of the incidental halibut catch 
in the sablefish primary fishery, paragraph (b)(3), remove the 900,000 
lb Area 2A TAC threshold. Changes to the allocation structure in the 
Catch Sharing Plan have made this threshold inaccurate, and the 
sablefish allocation is based solely on a Washington recreational TAC 
of 214,110 lbs (97.1 mt) or greater. This change to the regulations is 
consistent with the proposed change to the Plan described above.

Subarea Allocations

    Prior to 2013, NMFS used the total allowable catch (TAC) 
recommended by IPHC staff at the IPHC's interim meeting to calculate 
the Area 2A subarea allocations in its proposed rule. Beginning in 
2013, the IPHC staff discontinued its prior practice of making a single 
catch limit recommendation at the interim meeting. Instead, the IPHC 
staff presented a range of total constant exploitation yield (TCEY) and 
fishery constant exploitation yield (FCEY) amounts. The goal of 
shifting from a single point estimate to a range, as stated by the 
IPHC, is to provide a more ``transparent delineation between scientific 
results and management/policy decision, ultimately enabling a better 
understanding of the risks associated with different fishery harvest 
options.'' The TCEY is a biologically-determined level for total 
removals from each regulatory area calculated by applying a fixed 
harvest rate to the estimate of exploitable biomass in that area, 
determined from the annual stock assessment. The TCEY is higher than 
the TAC, as the TCEY includes amounts of halibut taken as bycatch in 
the groundfish fishery and wastage.
    At its interim meeting, the IPHC presented a decision table with 13 
alternative harvest strategies and

[[Page 4177]]

resulting TCEYs. This is a greater number of alternatives on a finer 
scale than has been presented in previous years, thus for purposes of 
informing the public's consideration of this proposed rule, we describe 
the ends of the range under consideration and a mid-point based on 
historic harvest policy. The coast-wide TCEYs presented at the interim 
meeting range from 10 to 60 million pounds, with a finer grid presented 
between 20 and 40 million pounds, and a reference spawning potential 
ratio (SPR) value of 46% that would translate into a coast-wide TCEY of 
31 million pounds. The reference value is consistent with the current 
harvest policy and, historically, IPHC staff advice.
    The purpose of the following discussion is to inform the public's 
consideration of this proposed rule. However, the IPHC may choose an 
Area 2A TCEY that is different from any of the numbers discussed here, 
and is outside the range considered at its November 2017 interim 
meeting. The determination of the TCEY level is not prescribed in 
regulation, rather the commissioners make TCEY decisions based on the 
scientific and stock assessment information combined with input from 
advisory bodies and the public.
    We assume for purpose of this discussion that the Commission will 
use the 1.9 percent TCEY distribution it used in 2017 to determine the 
amount of the 2018 coastwide TCEY for Area 2A, however, the Commission 
may depart from this practice. If the Commission were to adopt the SPR 
harvest rate reference value corresponding to a coast-wide TCEY of 31 
million pounds, the 2018 Area 2A TCEY would be 0.59 million pounds 
following this assumption. Final adopted area allocations may be 
greater or less than reference values presented at interim meetings. 
For comparison, the 2017 Area 2A Reference SPR (46%) value put forth at 
the interim meeting resulted in an Area 2A TCEY of 0.96 million pounds, 
while the final value (SPR of 40%) adopted at the IPHC annual meeting 
resulted in an Area 2A TCEY of 1.47 million pounds. At the two ends of 
the range of TCEYs presented to the Commission at its interim meeting, 
a 2018 coast-wide TCEY of 10 or 20 million pounds would result in an 
Area 2A TCEY of 0.19 or 0.38 million pounds, respectively, while a TCEY 
of 40 or 60 million pounds would result in an Area 2A TCEY of 0.76 or 
1.14 million pounds, respectively, based on preliminary estimates from 
the 2017 stock assessment, and past policies and approaches.

Proposed 2018 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 
2018. The annual domestic management measures are published each year 
through a final rule. For the 2017 fishing season, the final rule for 
the commercial fisheries was published on March 7, 2017 (82 FR 12730) 
along with the IPHC regulations, and the final rule for Area 2A sport 
fisheries was published on April 20, 2017 (82 FR 18581). The section 
numbers below correspond to sections in the March 7 final rule. Where 
season dates are not indicated, those dates will be provided in the 
final rule, following consideration of the 2018 TAC and consultation 
with the states and consideration of public comment. Where subarea 
allocations are not indicated, that information will be added once the 
Area 2A TAC is determined and quota distributed according to the Plan. 
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 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 (subarea allocations will be inserted when 
final rule publishes).
    (i) The fishing seasons are:
    (A) Depending on available quota, fishing is open May 11, 13, 25, 
and 27; June 7, 9, 16, 21, 23, 28, and 30, or until there is not 
sufficient quota for another full day of fishing and the area is closed 
by the Commission. Any fishery opening will be announced on the NMFS 
hotline at 800-662-9825. No halibut fishing will be allowed 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 (subarea allocations will be inserted when final 
rule publishes).
    (i) The fishing seasons are:
    (A) Depending on available quota, fishing is open May 11, 13, 25, 
and 27; June 7, 9, 16, 21, 23, 28, and 30, or until there is not 
sufficient quota for another full day of fishing and the area is closed 
by the Commission. Any fishery opening will be announced on the NMFS 
hotline at 800-662-9825. No halibut fishing will be allowed 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 (subarea allocations 
will be inserted when final rule publishes).
    (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: 
(subarea allocations for the primary and nearshore fisheries will be 
inserted when final rule publishes). Depending on available quota, the 
primary fishery season dates are May 11, 13, 25, and 27; June 7, 9, 16, 
21, 23, 28, and 30, or until there is not sufficient quota for another 
full day of fishing and the area is closed by the Commission. Any 
fishery opening will be announced on the

[[Page 4178]]

NMFS hotline at 800-662-9825. No halibut fishing will be allowed unless 
the date is announced on the NMFS hotline. The fishing season in the 
nearshore area commences the Saturday subsequent to the closure of the 
primary fishery, and continues 7 days per week until (subarea 
allocations will be inserted when final rule publishes) 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 (subarea 
allocations will be inserted when final rule publishes).
    (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 7, and continues on 
Monday, Tuesday, and Wednesday each week until the nearshore allocation 
is taken, or September 30, whichever is earlier. The all-depth fishing 
season commences on May 3, and continues on Thursday, Friday and Sunday 
each week until (subarea allocations will be inserted when final rule 
publishes) 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 (subarea 
allocations will be inserted when final rule publishes).
    (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 (subarea 
allocations will be inserted when final rule publishes), 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 (season dates will be inserted when final rule 
is published). The allocation to the all-depth fishery is (subarea 
allocations will be inserted when final rule publishes). 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 
(season dates will be inserted when final rule is published) 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. 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 (the first back up date will be inserted when final 
rule publishes) and ending when there is insufficient quota remaining, 
whichever is earlier. If after September 1, 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 7 and 8, and ending October 31. After September 1, 
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

[[Page 4179]]

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 groundfish regulations, if halibut are onboard 
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 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 (subarea 
allocations will be inserted when final rule publishes).
    (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 (subarea allocations will be inserted when final rule publishes).
    (i) The fishing season will be open (season dates will be inserted 
when final rule is published), 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 Council, the North Pacific Fishery 
Management Council, and the Secretary. Section 5 of the Halibut Act of 
1982 (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 Convention and Halibut 
Act. This proposed rule is consistent with the Secretary's authority 
under the Halibut Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not expected 
to be an Executive Order 13771 regulatory action because this proposed 
rule is not significant under Executive Order 12866. For any rule 
subject to notice and comment rulemaking, the Regulatory Flexibility 
Act (RFA) requires Federal agencies to prepare, and make available for 
public comment, both an initial and final regulatory flexibility 
analysis (IRFA and FRFA), unless the agency can certify that the 
proposed and/or final rule would not have a ``significant economic 
impact on a substantial number of small entities.'' These analyses 
describe the impact on small businesses, non-profit enterprises, local 
governments, and other small entities as defined by the RFA (5 U.S.C. 
603). This analysis is to inform the agency and the public of the 
expected economic effects of the alternatives, and aid the agency in 
considering any significant regulatory alternatives that would 
accomplish the applicable objectives and minimize the economic impact 
on affected small entities. The RFA does not require the alternative 
with the least cost or with the least adverse effect on small entities 
be chosen as the preferred alternative.
    The IRFA must only address the effects of a proposed rule on 
entities subject to the regulation (i.e., entities to which the rule 
will directly apply) rather than all entities affected by the 
regulation, which would include entities to which the rule will 
indirectly apply.
    Part 121 of Title 13, Code of Federal Regulations (CFR), sets 
forth, by North American Industry Classification System (NAICS) 
categories, the maximum number of employees or average annual gross 
receipts a business may have to be considered a small entity for RFA 
purposes. See 13 CFR 121.201. Under this provision, the U.S. Small 
Business Administration established criteria for businesses in the 
fishery sector to qualify as small entities. Standards are expressed 
either in number of employees, or annual receipts in millions of 
dollars. The number of employees or annual receipts indicates the 
maximum allowed for a concern and its affiliates to be considered small 
(13 CFR 121.201).
    Provision is made under SBA's regulations for an agency to develop 
its own industry-specific size standards after consultation with SBA's 
Office of Advocacy and an opportunity for public comment (see 13 CFR 
121.903(c)). NMFS has established a small business size standard for 
businesses, including their affiliates, whose primary industry is 
commercial fishing (80 FR 81194, December 29, 2015). This standard is 
only for use by NMFS and only for the purpose of conducting an analysis 
of economic effects in fulfillment of the agency's obligations under 
the RFA.
    NMFS's small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing is $11 million 
in annual gross receipts. This standard applies to all businesses 
classified under North American Industry Classification System (NAICS) 
code 11411 for commercial fishing, including all businesses classified 
as commercial finfish fishing (NAICS 114111), commercial shellfish 
fishing (NAICS 114112), and other commercial marine fishing (NAICS 
114119) businesses. (50 CFR 200.2; 13 CFR 121.201).

Description of the Reasons Why Action by the Agency Is Being Considered

    Each year, the states of Washington, Oregon, California, and the 
treaty tribes that fish for halibut meet with their fishery 
participants to review halibut management under the Plan. Based on 
feedback from these meetings and experience from the previous year's 
fishing season, the states or the tribes may propose changes to the 
Plan for the upcoming year at the Council's September and November 
meetings. Proposed changes to the Plan are intended to remedy any 
problems encountered during the previous year's

[[Page 4180]]

management, problems with other fisheries with overlapping management 
jurisdiction (i.e., Pacific Coast groundfish), or other anticipated 
problems. For 2018, the Pacific Council has proposed changes to the 
Plan that affect the recreational (sport) and the incidental sablefish 
commercial fishery.

Statement of the Objectives of, and Legal Basis for, the Proposed Rule

    The legal authority for this action is The Northern Pacific Halibut 
Act of 1982 at 16 U.S.C. 773c. Under this Act, the Secretary of 
Commerce (Secretary) shall have general responsibility to carry out the 
Halibut Convention between the United States and Canada, and the 
Secretary shall adopt such regulations as may be necessary to carry out 
the purposes and objectives of the Convention and the Halibut Act. 
Section 773c(c) also authorizes the regional fishery management council 
having authority for the geographic area concerned (the Council) to 
develop regulations governing the Pacific halibut catch in United 
States portion of Convention waters that are in addition to, but not in 
conflict with, regulations of the International Pacific Halibut 
Commission. The Council's main management objective for the Pacific 
halibut fishery in Area 2A is to manage fisheries to remain within the 
TAC for Area 2A. Another objective is to allow each commercial, 
recreational (sport), and tribal fishery to target halibut in the 
manner that is appropriate to meet the conservation requirements for 
species that co-occur with Pacific halibut. A third objective is to 
meet the needs of fishery participants in particular fisheries and 
fishing areas.

A Description and, Where Feasible, Estimate of the Number of Small 
Entities to Which the Proposed Rule Will Apply

    This rule may affect some charterboat operations in Area 2A and 
participants in the incidental sablefish fishery off the coast of 
Washington. Previous analyses determined that charterboats and the non-
treaty directed commercial fishing vessels are small businesses. See 77 
FR 5477 (Feb. 3, 2012) and 76 FR 2876 (Jan. 18, 2011).
    In 2016, 607 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: The 2A directed commercial fishery (159 
licenses) 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 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. 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.

Reporting and Recordkeeping Requirements

    The proposed changes to the Plan and domestic management measures 
do not include any new reporting or recordkeeping requirements.

Description and Estimate of Economic Effects on 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. That 
decision is independent from this proposed action. This proposed action 
only makes minor changes to the Plan to provide increased recreational 
opportunities under the allocations that result from the TAC. 
Commercial opportunities may be fewer with the incidental sablefish 
maximum allocation lowering to 50,000 pounds. However when the maximum 
of 70,000 pounds has been allocated, attainment greater than 50,000 
pounds has not occurred since 2006. There are no large entities 
involved in the halibut fisheries; therefore, none of these changes 
will have a disproportionately negative effect on small entities versus 
large entities. The proposed changes to the plan are considered minor, 
with minimal economic effects.

An Explanation of the Criteria Used To Evaluate Whether the Rule Would 
Impose ``Significant'' Economic Effects

    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 Plan's objectives. 
These changes were uncontroversial throughout the Council's public 
process and are considered minor because the timing and level of 
participation are not expected to change. Washington has estimated that 
60,000 pounds are needed for a season day, and the most the Washington 
recreational fishery will gain from the change to the incidental 
sablefish allocation is 20,000 pounds. The proposed changes to the plan 
are not expected to have a significant economic impact on a substantial 
number of small entities.

An Explanation of the Criteria Used To Evaluate Whether the Rule Would 
Impose Effects on ``a Substantial Number'' of Small Entities

    The entirety of the United States' halibut fishery will be impacted 
by these changes, all of the entities of which are considered small. 
However, the effects of the rule would be minimal as described above. 
As previously mentioned, in 2016 eight vessels were licensed to catch 
halibut in the sablefish fishery. For 2017, the average number of 
participants in the Columbia River subarea was 73, with the highest 
number on the first two days and last day. In Washington subareas, most 
participation occurred in the first two days of fishing, averaging 
8,048 anglers.

A Description of, and an Explanation of the Basis for, Assumptions Used

    In the description of the entities affected, estimates of the 
number of charterboats were based off a 2004 report by the Pacific 
States Marine Fisheries Commission. This report has not been updated 
and the number of entities is assumed to be similar.

Relevant Federal Rules That May Duplicate, Overlap or Conflict With the 
Proposed Rule

    There are no relevant federal rules that may duplicate, overlap, or 
conflict with this action.

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

    The status quo alternative would not achieve the objectives and 
requirements of the Convention and Halibut Act. And because the effects 
of the rule would be minimal, there are no other additional significant 
alternatives that would further minimize the impact of the proposed 
rule on small entities while achieving the goals and objectives of the 
Convention and Halibut Act. In addition, these changes were proposed by 
stakeholders to address the needs of the fisheries, and, as explained 
above, the proposed changes are not expected to have a significant 
economic impact on a substantial number of small entities.
    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

[[Page 4181]]

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.
    A consultation for the 2018-2022 Area 2A Pacific Halibut Catch 
Sharing Plan will be concluded at the time the final rule.

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. 1801 et seq.

    Dated: January 25, 2018.
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, 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 paragraph (b)(3) introductory text to read 
as follows:


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

* * * * *
    (b) * * *
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the sablefish primary fishery north of 
46[deg]53.30' N lat, (Pt. Chehalis, Washington), which is regulated 
under 50 CFR 660.231. This fishing opportunity is only available in 
years in which the Washington recreational TAC is 214, 110 lb (97.1 mt) 
or greater, provided that a minimum of 10,000 lb (4.5 mt) is available 
to the sablefish fishery. Each year that this harvest is available, the 
landing restrictions necessary to keep this fishery within its 
allocation will be recommended by the Pacific Fishery Management 
Council at its spring meetings, and will be published in the Federal 
Register. These restrictions will be designed to ensure the halibut 
harvest is incidental to the sablefish harvest and will be based on the 
amounts of halibut and sablefish available to this fishery, and other 
pertinent factors. The restrictions may include catch or landing 
ratios, landing limits, or other means to control the rate of halibut 
landings.
* * * * *
[FR Doc. 2018-01772 Filed 1-29-18; 8:45 am]
 BILLING CODE 3510-22-P