[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Rules and Regulations]
[Pages 13080-13087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06048]



[[Page 13079]]

Vol. 83

Monday,

No. 58

March 26, 2018

Part III





Department of Commerce





-----------------------------------------------------------------------





National Oceanic and Atmospheric Administration





-----------------------------------------------------------------------





50 CFR Part 300





Pacific Halibut Fisheries; Pacific Halibut Catch Limits for Area 2A 
Fisheries in 2018; Final Rule

  Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules 
and Regulations  

[[Page 13080]]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180207136-8136-01]
RIN 0648-BH71


Pacific Halibut Fisheries; Pacific Halibut Catch Limits for Area 
2A Fisheries in 2018

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

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This interim final rule sets the 2018 Pacific halibut catch 
limit in the International Pacific Halibut Commission's Regulatory Area 
2A off Washington, Oregon, and California. The International Pacific 
Halibut Commission, at its annual meeting, did not recommend 2018 catch 
limits for any of its regulatory areas, including Area 2A. The best 
available scientific information indicates the Pacific halibut stock is 
declining. Without NMFS action, a higher Area 2A catch limit would 
remain in place for 2018. The Secretary of Commerce has authority to 
establish regulations that are more restrictive than those adopted by 
the International Pacific Halibut Commission. An interim final rule is 
necessary to ensure that lower 2018 halibut catch limits are in place 
at the start of the tribal fishery March 24, 2018, and before 
incidental halibut retention in the sablefish and salmon fisheries 
begins on April 1, 2018. This action is intended to enhance the 
conservation of Pacific halibut.

DATES: This rule is effective from March 24, 2018, through December 31, 
2018. Comments must be received by April 25, 2018.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2018-0025, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0025, 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).
    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 98115-0070. 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 Environmental Assessment (EA) prepared for this action may be 
obtained by contacting Kathryn Blair, phone: 206-526-6140, email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 206-526-6140, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The International Pacific Halibut Commission (IPHC) can recommend 
regulations that govern the Pacific halibut fishery pursuant to the 
Convention between the United States of America and Canada for the 
Preservation of the Halibut Fishery of the Northern Pacific Ocean and 
Bering Sea, Mar. 2, 1953, 5 U.S.T. 5, and the Protocol Amending the 
Convention Between the United States of America and Canada for the 
Preservation of the Halibut Fishery of the Northern Pacific Ocean and 
Bering Sea (Convention), Mar. 29, 1979, 32 U.S.T. 2483. The IPHC's 
regulatory areas are: Area 2A (U.S. West Coast); Area 2B (Canada); Area 
2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B 
(Western Gulf of Alaska), and Area 4 (subdivided into 5 areas, 4A 
through 4E, in the Bering Sea and Aleutian Islands of Western Alaska). 
These regulatory areas are described in 50 CFR part 679, Figure 15.

[[Page 13081]]

[GRAPHIC] [TIFF OMITTED] TR26MR18.002

    As provided by the Northern Pacific Halibut Act of 1982 (Halibut 
Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of 
the Secretary of Commerce, may accept or reject, on behalf of the 
United States, regulations recommended by the IPHC in accordance with 
the Convention (Halibut Act, Sections 773-773k). The Secretary of 
State, with the concurrence of the Secretary of Commerce, accepted the 
2017 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-
773k. Pacific Halibut Fisheries; Catch Sharing Plan, 82 FR 12730, Mar. 
7, 2017.
    The Halibut Act provides the Secretary of Commerce with the 
authority and general responsibility to carry out the requirements of 
the Convention and the Halibut Act. 16 U.S.C. 773(c). The Regional 
Fishery Management Councils may develop, and the Secretary of Commerce 
may implement regulations governing harvesting privileges among U.S. 
fishermen in U.S. waters that are in addition to, and not in conflict 
with, approved IPHC regulations. Id.; Convention, Article I. The 
Pacific Fishery Management Council (Council) has exercised this 
authority to develop a catch sharing plan that governs the allocation 
of halibut and management of sport fisheries on the U.S. West Coast. 
The Pacific Halibut Catch Sharing Plan for Area 2A is available on the 
Council website at http://www.pcouncil.org.
    Independent of the Council, the Secretary of Commerce may implement 
regulations governing harvesting privileges among U.S. fishermen in 
U.S. waters that are more restrictive than those adopted by the IPHC 
under Article I of the Convention and section 773c of the Halibut Act. 
The Secretary exercised this authority in 1990 to implement regulations 
on commercial and sport catch limits that were more restrictive than 
the IPHC regulations published in 1989 because the IPHC, at its annual 
meeting in 1990, did not approve new management measures for 1990 (55 
FR 11929, Mar. 30, 1990).
    Specific to this interim final rule under the Halibut Act, the 
Secretary is implementing catch limits for Area 2A that are more 
restrictive than approved IPHC catch limits from 2017 that would 
otherwise remain in effect. The IPHC held its annual meeting to 
recommend halibut catch limits and management measures from January 22-
26, 2018. At the meeting, IPHC scientists presented biological 
information showing that the total biomass, and specifically the total 
exploitable biomass, of Pacific halibut is projected to decline 
substantially over the next several years. Although the United States 
and Canadian Commissioners voiced consensus that some reduction in 
catch limits relative to 2017 in all regulatory areas was appropriate, 
the Commissioners could not reach agreement on specific catch limit 
recommendations for 2018. Therefore, the IPHC did not make a 
recommendation to the Secretary of State to revise the catch limits 
that were implemented in 2017. The United States and Canadian 
Commissioners did suggest specific catch limits for their respective 
waters, all of which would reduce catch limits compared with 2017.\1\
---------------------------------------------------------------------------

    \1\ The United States and Canadian Commissioners did agree on 
and formally recommend season dates, catch sharing plans, and 
certain management measures, which the United States adopted (83 FR 
10390, Mar. 9, 2018).
---------------------------------------------------------------------------

    In this interim final rule, NMFS is implementing an Area 2A catch 
limit of 1,190,000 lb (539.78 metric tons) for 2018. This catch limit 
\2\ is derived from the total constant exploitation yield (TCEY), which 
includes commercial discards and bycatch estimates

[[Page 13082]]

calculated by a formula developed by the IPHC. Though NMFS 
independently determined this catch limit is supported by the best 
available scientific information, the catch limit was also suggested by 
the United States Commissioners as necessary to meet the conservation 
and management objectives of the Convention and the Halibut Act. This 
2018 catch limit represents approximately an 11 percent reduction from 
the 2017 Area 2A catch limit. NMFS is setting catch limits for all 
other IPHC regulatory areas in the United States in a separate interim 
final rule. The following sections of this preamble describe NMFS's 
rationale for the Area 2A catch limit implemented in this interim final 
rule.
---------------------------------------------------------------------------

    \2\ The term ``catch limit'' is equivalent to the IPHC's term 
fishery constant exploitation yield (FCEY).
---------------------------------------------------------------------------

Summary of Biological and Economic Impacts of Coastwide Halibut Catch 
Limits

    In 2017, the IPHC conducted its annual stock assessment using a 
range of updated data sources as described in detail in the 2017 IPHC 
Report of Assessment and Research Activities (2017 RARA; available at 
www.iphc.int). The IPHC used an ``ensemble'' of four equally weighted 
models, comprised of two long time-series models, and two short time-
series models that use data series either divided by geographical 
region (IPHC Regulatory Area) or aggregated into coastwide summaries, 
to evaluate the Pacific halibut stock. These models incorporate data 
from the 2017 IPHC setline survey, the most recent NMFS trawl survey, 
weight-at-age estimates by region, and age distribution information for 
bycatch, sport, and sublegal discard removals. As has been the case 
since 2012, the results of the ensemble models are integrated, and 
incorporate uncertainty in natural mortality rates, environmental 
effects on recruitment, and other model parameters. The data and 
assessment models used by the IPHC are also reviewed by the IPHC's 
Scientific Review Board, a group comprised of non-IPHC scientists who 
provide an independent scientific review of the stock assessment data 
and models and provide recommendations to IPHC staff. The Scientific 
Review Board did not identify any substantive errors in the data or 
methods used in the 2017 stock assessment. NMFS has determined the 
IPHC's data and assessment models constitute best available science on 
the status of the Pacific halibut resource.
    The IPHC's data, including the setline survey, indicates that the 
Pacific halibut stock declined continuously from the late 1990s to 
around 2010, as a result of decreasing size at a given age (size-at-
age), as well as somewhat weaker recruitment strengths than those 
observed during the 1980s. The biomass of spawning females is estimated 
to have stabilized near 200,000,000 lb (90,718 mt) in 2010, and since 
then the stock is estimated to have increased two million pounds, but 
is still at relatively low levels.
    The 2017 stock assessment projects that the biomass of spawning 
females at the beginning of 2018 is estimated to be 202,000,000 lb 
(91,600 mt). Data from the 2017 stock assessment indicate that all 
estimates of recruitment (year classes or cohorts) from 2006 onwards of 
Pacific halibut are estimated to be smaller than those from 1999 
through 2005. This indicates a high probability of decline in both the 
stock and future fishery yield as recent recruitments become 
increasingly important to the age range over which much of the harvest 
and spawning takes place.
    IPHC scientists presented at the interim and annual IPHC meetings, 
and in the Report of the 2018 annual meeting, biological information 
analyzing the possible effects of a range of different TCEYs and 
resulting catch limits on the spawning stock biomass and the 
harvestable yield over the period from 2019 through 2021, including the 
potential implications of the three alternative catch limits NMFS 
considered for this rule: Alternative 1--maintain the catch limits the 
IPHC adopted in 2017; Alternative 2--reduce catch limits as suggested 
by the United States Commissioners, but not recommended by the IPHC; 
and Alternative 3--reduce catch limits consistent with the IPHC's 
interim management procedure (Table 1). The IPHC's interim management 
procedure maintains the total mortality of halibut across its range 
from all sources based on a reference level of fishing intensity so 
that the Spawning Potential Ratio (SPR) is equal to 46 percent (F46% 
SPR). The catch limits that correspond to the reference fishing 
intensity of F46% SPR should result in in a fish achieving 46 percent 
of its spawning potential over the course of its lifetime relative to 
what it would have achieved as part of an unfished stock. Lower SPR 
values result in higher fishing intensity. Additional information on 
the status of the halibut resource under these catch limit alternatives 
is provided in the environmental assessment (EA) and finding of no 
significant impact (FONSI) (see ADDRESSES). The table below describes 
the coastwide and Area 2A TCEYs and catch limits that would result from 
the considered alternatives.

                       Table 1--Coastwide and Area 2A Catch Limits Under Alternatives 1-3
                                               [Weight in pounds]
----------------------------------------------------------------------------------------------------------------
                                                                     Coastwide
                                                                   catch limits    Area 2A  TCEY  Area 2A  catch
                                                                       (lb)            (lb)         limit (lb)
----------------------------------------------------------------------------------------------------------------
Alternative 1--2017 limits (F38%)...............................      31,480,000       1,470,000       1,340,000
Alternative 2--United States Commissioner-suggested (F41%)......      28,040,000       1,320,000       1,190,000
Alternative 3--IPHC Interim management procedure (F46%).........      21,960,000         590,000         470,000
----------------------------------------------------------------------------------------------------------------

    The following sections of this preamble provide a comparison of the 
relative risk of a decrease in both coastwide stock abundance and 
fishery yield for a range of alternative harvest levels for 2018 under 
each of these three alternative catch limit scenarios. This comparison 
assumes that other sources of removal that are not accounted for in the 
TCEY calculations are similar to those observed in 2017. This interim 
final rule refers to halibut catch limits, allocations, and removals in 
net pounds or net metric tons. Net pounds and net metric tons are 
defined as the weight of halibut from which the gills, entrails, head, 
and ice and slime have been removed. NMFS uses this terminology in this 
interim final rule to be consistent with the IPHC, which establishes 
catch limits and calculates mortality in net pounds.
    This interim final rule addresses the TCEY and overall catch limit 
in Area 2A, but also describes and discusses the impacts of this 
decision on the halibut resource on a coastwide basis, consistent with 
the current management and known biological distribution of the halibut 
resource.

[[Page 13083]]

Alternative 1--Maintain the Catch Limits the IPHC Adopted in 2017

    In 2017, the IPHC recommended halibut catch limits to the 
governments of Canada and the United States with a coastwide TCEY of 
31,400,000 lb (14,242.80 mt). For Area 2A, this alternative would 
result in a TCEY of 1,470,000 lb (666.78 mt) and a catch limit of 
1,340,000 lb (607.81 mt). Maintaining 2017 catch limits in all IPHC 
regulatory areas, including Area 2A, would have several short-term and 
long-term adverse impacts on the halibut resource.
    If the 2017 catch limits were maintained in all Areas in 2018, the 
spawning stock biomass is projected to decrease over the next three 
years (2019 through 2021). The IPHC analysis projected that 2017 catch 
limits would result in a greater than 99 percent chance that the 
spawning stock biomass would be lower in 2019 than in 2018, and a 34 
percent chance that it would be more than 5 percent lower than the 
current level of 202,000,000 lb (91,626 mt). The analysis of 
maintaining 2017 catch limits also projected a 99 percent chance that 
the spawning biomass would be lower than current levels in 2021, and an 
89 percent chance that it would be more than 5 percent lower than the 
current level of 202,000,000 lb (91,626 mt) in 2021. The analysis also 
predicted a 23 percent chance that the 2021 spawning stock biomass 
would decline below the threshold reference point (30 percent of the 
spawning stock biomass remains) that the IPHC uses to indicate stock 
conditions that would trigger a substantial reduction in the halibut 
catch limits under the interim IPHC management procedure. Overall, the 
IPHC assessment predicts a 95 percent chance of decrease for the stock 
between 2019-21 under this catch limit alternative, and a greater 
decline than it would under Alternatives 2 or 3 (see Section 4 of the 
EA).
    The analysis of the effects of maintaining the 2017 catch limits in 
all regulatory areas in 2018 also projects a chance of decrease in 
fishery yield over the next three years. Fishery yield is the amount of 
halibut available for harvest by commercial, recreational, and 
subsistence users. To maintain the 2017 F38% SPR, the coastwide TCEY 
would be 40,800,000 lb (18,506.57 mt). Maintaining the 2017 catch 
limits in all regulatory areas is predicted to result in an 80 percent 
chance that the fishery yield would be lower than the coastwide TCEY of 
40,800,000 lb (18,506.57 mt) in 2019, and a 76 percent chance that it 
would be more than 10 percent lower. Under this alternative, the IPHC 
estimates at least an 81 percent chance that the coastwide fishery 
yield would be lower than the coastwide TCEY of 40,800,000 lb (18,506 
mt) in 2020 and 2021, and at least a 77 percent chance that it would be 
more than 10 percent lower in 2020 and 2021. This alternative would 
provide the highest catch limits for 2018 of the three alternative 
catch limit scenarios described in this preamble, but also has the 
greatest risk of future low fishery yields. Section 4 of the EA 
summarizes the biological and economic impacts of this alternative.

Alternative 2--Reduce Catch Limits as Suggested by the United States 
Commissioners, but Not Recommended by the IPHC

    After considering the stock assessment, commercial fishery data, 
and other biological information at the 2018 IPHC annual meeting, the 
United States Commissioners stated that maintaining 2018 catch limits 
in Area 2A at the same level as those implemented in 2017 would not be 
consistent with the IPHC's conservation objectives for the halibut 
stock and its management objectives for the halibut fisheries. 
Specifically, the Convention in Article III states that the Commission 
may limit the quantity of the catch for the purpose of developing the 
stocks of halibut to levels which will permit the optimum yield from 
that fishery, and of maintaining the stocks at those levels.
    The United States Commissioners examined a catch limit using the 
survey WPUE for Area 2A from 2016, due to some uncertainty in the 2017 
Area 2A survey, discussed in more detail below. Following the IPHC's 
interim management policy of an F46% SPR level for a coastwide TCEY of 
31,000,000 lb (14,061.35 mt), and utilizing the 2016 data for Area 2A 
and 2017 data for the remainder of the Regulatory Areas, the 2018 Area 
2A TCEY was calculated to be 1,060,000 lb (480.81 mt). This value 
considered the data collected in Alaska and Canada in 2017 that 
projects a coastwide stock decline. NMFS understands that the United 
States Commissioners used 1,060,000 lb (480.81 mt) as a baseline for 
the Area 2A catch limits they suggested, instead of the TCEY of 590,000 
lb (267.62 mt) that was presented by the IPHC under its interim 
management procedure. The United States Commissioners suggested a TCEY 
of 1,320,000 lb (598.74 mt) and resulting catch limit of 1,190,000 lb 
(539.75 mt), approximately an 11 percent decrease from 2017 catch 
limits. The United States Commissioners provided rationale that 
supported the catch limits recommended under this alternative and 
implemented by this rule, including the following:
     The IPHC survey, IPHC coastwide stock assessment, and 
supporting information from NMFS trawl and longline surveys indicated 
substantial reductions in halibut spawning stock biomass and potential 
fishery yield in 2018 compared to 2017;
     The IPHC stock assessment identified poor recruitment in 
the size classes targeted by commercial, recreational, and subsistence 
users for the foreseeable future. These declining recruitment trends 
are worsened with higher harvest rates; and
     The results from the IPHC survey are further substantiated 
by declining halibut trends in Bering Sea and Gulf of Alaska trawl 
surveys, and declining trends in commercial fishery weight-per-unit-
effort (WPUE) in most areas, though not in 2A. The IPHC survey 
indicates a 10 percent reduction in survey WPUE, and a 24 percent 
reduction in survey numbers-per-unit-effort (NPUE) coastwide compared 
to last year.
    The United States Commissioners were presented information 
indicating that commercial WPUE in some regulatory areas was higher in 
2017 relative to 2016. These commercial data have led some fishery 
participants to suggest that the surveys and IPHC stock assessment do 
not adequately reflect the abundance of harvestable halibut. The United 
States Commissioners were also presented with information describing 
the timing of the IPHC survey in Area 2A, which took place later than 
in previous years, and data showing survey stations with consistent 
historic halibut catch had reduced landings within a hypoxic area. 
These topics are further addressed below. The United States 
Commissioners noted that there is no indication that the surveys or 
assessment are inaccurate to any significant degree and that they are 
the best scientific information available for estimating halibut 
abundance (see Section 3 of the EA for additional detail).
    If the 2018 catch limits suggested by United States Commissioners 
were applied in all Areas in 2018, the spawning stock biomass is still 
projected to decrease over the next three years (2019 through 2021). 
Under this harvest alternative there is an estimated 93 percent chance 
that the spawning biomass would be lower than the current level in 
2019, and a 19 percent chance that it would be more than 5 percent 
lower than the current level of 202,000,000 lb (91,626 mt). Under this 
alternative catch limit, there is a 92

[[Page 13084]]

percent chance that the spawning biomass would be lower in 2021, and a 
72 percent chance that it would be more than 5 percent lower than the 
current level of 202,000,000 lb (91,626 mt). In 2021, there is a 17 
percent chance that the spawning biomass would decline below the 
threshold reference point (30 percent of the spawning stock biomass 
remains) used by the IPHC to indicate stock conditions that would 
trigger a substantial reduction in the commercial halibut fishery under 
the interim management procedure.
    Implementing the 2018 catch limits suggested by United States 
Commissioners is also projected to result in decreases in fishery yield 
over the next three years, but less so than under Alternative 1. To 
achieve the catch limits suggested by the United States Commissioners 
at F41% SPR, the coastwide TCEY would be 37,200,000 lb (16,874 mt). 
Under this alternative, the IPHC estimates a 73 percent chance that the 
coastwide fishery yield would be lower than a coastwide TCEY of 
37,200,000 lb (16,874 mt) in 2019, and a 63 percent chance that it 
would be more than 10 percent lower. Under this alternative, the IPHC 
estimates at least a 75 percent chance that the coastwide fishery yield 
would be lower than a coastwide TCEY of 37,200,000 lb (16,874 mt) in 
2020 and 2021, and at least a 67 percent chance that it would be more 
than 10 percent lower in 2020 and 2021. Sections 3 and 4 of the EA 
summarize the biological and economic impacts of this alternative.
    Overall, the catch limit suggested by the U.S. Commissioners in 
Area 2A would result in a decrease of approximately 11 percent relative 
to 2017 and is consistent with the best scientific information 
available on the abundance of harvestable halibut within this Area.

Alternative 3--Reduce Catch Limits Consistent With the IPHC's Interim 
Management Procedure

    The United States and Canadian Commissioners also considered an 
alternative catch limit that would establish catch limits in all 
regulatory areas consistent with the IPHC's interim management 
procedure, though neither group suggested these catch limits. For Area 
2A, this would mean a TCEY of 590,000 lb (267.62 mt) and resulting 
catch limit of 470,000 lb (213.19 mt). The United States Commissioners 
heard public comment that establishing catch limits at the IPHC's F46% 
SPR reference level would impose significant economic costs on fishery 
participants in Area 2A (see Section 4.3 of the EA for additional 
detail).
    If the catch limits consistent with the IPHC's interim harvest 
policy were implemented in all regulatory areas in 2018, the spawning 
stock biomass is still projected to decrease gradually over the next 
three years, but less than under Alternatives 1 and 2 (See Section 4.2 
of the EA). Under this harvest alternative, there is an estimated 78 
percent chance that the spawning stock biomass would be lower than the 
current level in 2019, and a 5 percent chance that it would be more 
than 5 percent lower than the current level of 202,000,000 lb (91,626 
mt). Under this alternative catch limit, there is a 76 percent chance 
that the spawning stock biomass would be lower than the current level 
in 2021, and a 46 percent chance that it would be more than 5 percent 
lower than the current level of 202,000,000 lb (91,626 mt). In 2021, 
there is a 10 percent chance that the spawning biomass would decline 
below the threshold reference point (30 percent of the spawning stock 
biomass remains) that the IPHC uses to indicate stock conditions that 
would trigger a substantial reduction in the commercial halibut fishery 
under the interim management procedure.
    Implementing 2018 catch limits consistent with the IPHC's interim 
harvest policy in all regulatory areas is still projected to gradually 
decrease fishery yield over the next three years (2019 through 2021), 
but less so than under Alternatives 1 and 2 (see Section 4.2 of the 
EA). Under this alternative, the IPHC estimates there is a 55 percent 
chance that the fishery yield would be lower than a coastwide TCEY of 
31,000,000 lb (14,061 mt) under the F46% fishing intensity recommended 
by the IPHC, in 2019, and a 38 percent chance that it would be more 
than 10 percent lower. Under this alternative, there is at least a 59 
percent chance that the fishery yield would be lower than a coastwide 
TCEY of 31,000,000 lb (14,061 mt) in 2020 and 2021, and at least a 45 
percent chance that it would be more than 10 percent lower in 2020 and 
2021. Section 4 of the EA summarizes the biological and economic 
impacts of this alternative.

Rationale for Area 2A Catch Limit

    After considering the best available scientific information, the 
Convention, and the status of the halibut resource, NMFS sets an Area 
2A TCEY of 1,320,000 lb (598.74 mt) and resulting catch limit of 
1,190,000 lb (539.75 mt) through this interim final rule (Table 2). 
This Area 2A catch limit is consistent with catch limits as suggested 
by the United States Commissioners but not recommended by the IPHC.

             Table 2--Area 2A TCEY and Catch Limit for 2018
                                  [lb]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Area 2A TCEY................................................   1,320,000
Area 2A Catch Limit.........................................   1,190,000
------------------------------------------------------------------------

    As discussed above, the coastwide stock assessment predicts a 
decline in spawning stock biomass even under the most precautionary 
catch limit under Alternative 3. Recruitment has been poor since 2006 
and these cohorts are displaying smaller size-at-age relative to the 
1970s.
    In addition to concerns about the status of the stock coastwide, 
the best available scientific information, including IPHC's suite of 
models, NMFS Alaska and West Coast trawl surveys, commercial WPUE in 
most regulatory areas, and the fishery-independent setline survey, 
supports setting 2018 catch limits for Area 2A lower than the 2017 
catch limits.
    The IPHC's 2017 fishery-independent setline survey indicated a 10 
percent decrease from the 2016 survey in the coastwide aggregate legal 
(over 32 inches) WPUE, while Area 2A decreased by 22 percent from 2016 
to 2017. The 2017 setline survey had the lowest Area 2A survey legal 
WPUE since 2011, at 19.6 pounds per skate, and has been declining since 
2015. The 2017 Area 2A WPUE is low when compared to historical values 
since 1993. Only four years (2007-10) had a lower WPUE than 2017. 
Furthermore, while the coastwide setline survey numbers-per-unit effort 
(NPUE) for all-sizes decreased by 24 percent from 2016 to 2017, Area 2A 
decreased 44 percent from 2016 to 2017, the highest relative decrease 
of all the IPHC areas. This information was presented in the IPHC's 
annual meeting documents, available on their website. NMFS has 
determined that the recent declines in the Area 2A WPUE are the best 
available science and support the need for conservative catch limits 
for 2018 in Area 2A.
    Although the setline survey data supports coastwide and extensive 
Area 2A halibut declines, IPHC staff acknowledged some concerns with 
the setline survey and the uncertainty in the magnitude of the 
estimated decline in Area 2A. These sources of uncertainty include: (1) 
The timing of the setline survey in Area 2A and (2) halibut catch in a 
hypoxic area that covered a large portion of the Area 2A setline survey 
stations.
    From 2013 to 2016, the Area 2A setline survey began in late May in 
Washington waters and proceeded south, ending in either Oregon (2015

[[Page 13085]]

and 2016) or California waters (2013 and 2014) in the last half of July 
or first half of August. In 2017, the setline survey began in late May, 
but began in California and ended in Washington. Additionally, the 2017 
survey off the Washington coast was performed in August through mid-
September, rather than in July through mid-August as in 2013-16. The 
setline survey is performed annually, along regular intervals at 
predetermined stations of consistent size and gear. Although it is 
generally best practice to conduct surveys that contribute to a time 
series of data at similar times and locations each year, the timing for 
the 2017 survey does not lead NMFS to discount the overall trend of 
decline. A small decrease from 2015 to 2016 was also recorded.
    In addition to changes to the timing of the Area 2A setline survey, 
there was also a large area of low dissolved oxygen off the coasts of 
Washington and Oregon in the summer of 2017. Hypoxic events are not 
uncommon off the U.S. west coast. However, the geographic extent and 
severity of the hypoxia in 2017 was unusual. The Washington portion of 
the setline survey corresponded spatially and temporally with the 
region of low dissolved oxygen. Historically, the setline survey 
stations in Washington waters have had among the highest WPUE of the 
Area 2A stations. In 2016, survey stations off the north Washington 
coast totaled 33 pounds per skate, where the same survey stations in 
2017 had a WPUE of 9.9 pounds per skate. Most survey stations located 
in the hypoxic area in 2017 had a WPUE of zero.
    Any conclusions on the impact of the hypoxic area to the setline 
survey are confounded by the change in survey timing. A change in 
either the timing or the presence of hypoxia still may have resulted in 
an accurate measure of the halibut stock in Area 2A. The 2017 survey 
data was compared to previous years, and there were no unexpected 
values outside of the low WPUE in the hypoxic area off the coast of 
Washington. Pacific halibut are believed to be able to swim out of 
hypoxic zones. If this was the case in 2017, the survey would have 
likely recorded higher halibut WPUE at stations surrounding the hypoxic 
zone. Because the data did not show higher halibut WPUE at the stations 
surrounding the hypoxic zone, NMFS concludes that the reductions seen 
in the setline survey may represent an actual reduction of biomass.
    Separate from concerns about the 2017 setline survey, industry and 
treaty tribe representatives have also noted that Area 2A commercial 
weight per unit effort (WPUE) increased in recent years, which has led 
some members of the public, and treaty tribe representatives, to 
speculate that the Area 2A stock is increasing rather than declining. 
The IPHC calculations of WPUE indicate that Area 2A tribal commercial 
fishery WPUE has been increasing since 2014. In addition, there was a 
small WPUE increase of 5 percent from 2016 to 2017 in the non-tribal 
commercial fishery. Although the IPHC uses fishery-dependent data to 
support determinations about Pacific halibut stock status, this type of 
data is typically not a reliable indicator of biomass and the IPHC 
takes this into account in its interpretation of these data. There are 
several examples of overfished stocks for which WPUE remained fairly 
stable even though the stock biomass had substantially declined. While 
the best available science shows increases in WPUE since 2014 in the 
tribal fishery and in 2017 for the non-tribal directed fishery, this 
factor alone does not lead NMFS to dismiss the IPHC's conclusion that 
the Area 2A population is declining.
    Some industry and treaty tribe representatives have also expressed 
their opinion that, because the Area 2A catch limit represents less 
than 2 percent of the coastwide Pacific halibut catch limit, 
maintaining the Area 2A catch limit at the 2017 level will not harm the 
coastwide stock. They assert that their position is supported by an 
IPHC analysis showing that additional mortality equivalent to 
maintaining the Area 2A catch limit at the 2017 level (150,000 lb or 75 
mt greater that NMFS's selected alternative) does not increase the 
level of risk of coastwide stock decline presented under the discussion 
of alternatives in this preamble.
    NMFS considered how the Pacific halibut in Area 2A contribute and 
relate to the coastwide stock, and the potential impacts of maintaining 
the 2017 catch limit in Area 2A on the health of the resource given the 
evidence of stock decline. Little is known about the exact interplay 
between geographic regions and spawning success within the Pacific 
halibut population, and there may be differences in discrete spawning 
components of the population that make choosing a more precautionary 
catch limit preferable. Fisheries management recognizes the benefits of 
distributing harvest in proportion to stock size for stocks managed at 
a coastwide level. The IPHC currently uses area-specific survey 
information to apportion stock biomass, and ultimately catch limits, 
across the regulatory areas. This approach recognizes the value of 
biocomplexity across the geographic range of the halibut stock. 
Distributing removals across the current stock distribution is likely 
to protect against localized depletion of the various stock components. 
This is particularly important because different stock components may 
have different recruitment success under changing environmental 
conditions. This concept of using a ``portfolio effect'' by 
distributing harvest in proportion to stock distribution is widely 
recognized in fisheries management, particularly among salmon stocks 
(see EA at 3.2.1). NMFS uses this harvest distribution approach for 
North Pacific stocks, such as Pacific cod sablefish, to manage across a 
broad spatial distribution. This method has several advantages in that 
it is based on a standardized annual assessment of stock (survey), is 
not reliant on commercial fishery data that can mask changes in 
underlying stock dynamics, and is a precautionary buffer against local 
depletion and spatial recruitment overfishing. The IPHC continues to 
discuss and refine apportionment methods; however, the current method 
represents the best available scientific method for apportioning 
coastwide catch.
    NMFS recognizes the value of maintaining diversity across the 
geographic range of Pacific halibut and supports reducing the Area 2A 
catch limit consistent with the current understanding of coastwide 
stock health to protect against potential localized depletion. If there 
is a relatively distinct spawning component of the population in Area 
2A, then the evidence of stock decline in Area 2A supports reducing the 
catch limit compared to 2017 in order to maintain that component. 
Conversely, if halibut in Area 2A interrelate with the coastwide 
spawning population, then the evidence of coastwide declines supports 
reducing the Area 2A catch limit to contribute to the sustainability of 
the coastwide stock. Regardless of the true relationship of the Area 2A 
population to the coastwide stock, maintaining the Area 2A catch limit 
at 2017 level, particularly in light of the catch limit decreases the 
Alaska Region will implement for other IPHC regulatory areas in a 
separate interim final rule, would be inconsistent with the IPHC's 
current stock apportionment approach. Overall, NMFS determined that the 
projected coastwide declines in stock biomass warrants distributing 
stock removals across all regulatory areas, including Area 2A.
    NMFS reviewed the information presented by IPHC on the coastwide 
and Area 2A-specific decline of Pacific halibut and sources of 
uncertainty. The best available science supports the conclusion that 
the coastwide halibut

[[Page 13086]]

population and the Area 2A component of the halibut population is 
declining, and NMFS believes that it is appropriate to reduce 2018 
catch limit in Area 2A relative to 2017. There is enough uncertainty 
about the magnitude of the expected decline and concerns with the 2017 
setline survey to influence NMFS's decision on a final catch limit for 
Area 2A. Due to the timing of the survey and hypoxic event, NMFS 
examined a catch limit using the survey WPUE for Area 2A from 2016, 
thus removing the uncertainty from the 2017 setline survey from this 
decision. NMFS believes this approach constitutes the best available 
science. Following the IPHC's interim management policy of an F46% SPR 
level for a coastwide TCEY of 31,000,000 lb (14,061.36 mt), the 2018 
Area 2A TCEY was calculated to be 1,060,000 lb (480.81 mt). This 
compares with the IPHC's interim management recommendation of a 590,000 
lb (267.62 mt) TCEY for Area 2A based on the 2017 setline survey data.
    A decline in the halibut stock is expected under all alternatives, 
even under Alternative 3 with the lowest catch limits. The IPHC stock 
projections provided risk estimates up through 2021 with a higher level 
of certainty, but declines may occur over a period longer than three 
years. The stock will continue to be evaluated in annual stock 
assessments, and lower catch limits may be necessary in the coming 
years. Given the potential economic impacts of a large reduction from 
the 2017 TCEY of 1,470,000 lb (666.78 mt) to a TCEY for Area 2A that 
corresponds to a coastwide reference fishing intensity level of F46%, 
NMFS has determined that it is appropriate to reduce catch limits over 
a period greater than one year. Gradually reducing the level of harvest 
over a number of years balances a precautionary approach to coastwide 
decline of the stock shown in the survey with the severity of the 
economic impacts from a large reduction. Furthermore, a small reduction 
for 2018 provides a transition period if further reductions are 
necessary in the coming years, and allows the IPHC to re-evaluate the 
Area 2A biomass estimate after the 2018 survey. NMFS understands that 
the IPHC intends to follow the survey location and timing used in 
surveys prior to 2017, which may reduce the overlap of any summer 
hypoxia in future years.

Comments and Responses

    On January 30, 2018, NMFS published a proposed rule for the 2018 
Pacific halibut Catch Sharing Plan and annual management measures for 
Area 2A off Washington, Oregon, and California (83 FR 4175). NMFS 
accepted public comments on the Council's recommended modifications to 
the Plan and the resulting proposed domestic fishing regulations 
through March 1, 2018. When the January 2018 proposed rule was 
published, NMFS anticipated that the IPHC would determine catch limits 
for Area 2A at its annual meeting; however, the IPHC did not agree on 
2018 Pacific halibut catch limits. Although specific 2018 catch limits 
were not proposed under the January 2018 proposed rule, NMFS accepted 
comments regarding any potential changes to the catch limits for 2018. 
Comments relating to the 2018 catch limits are addressed here. As 
stated above, NMFS is also requesting post-promulgation comments on the 
2018 catch limits set under this rule.
    Comment 1: Oregon Department of Fish and Wildlife and California 
Department of Fish and Wildlife support the United States Commissioner 
suggested TCEY of 1,320,000 lb (598.74 mt) and resulting catch limit of 
1,190,000 lb (539.75 mt).
    Response: NMFS acknowledges the importance of transparency and the 
data and staff experience used in the IPHC process for setting 
coastwide halibut catch limits. After an independent review of the best 
available science, NMFS is setting a catch limit of 1,190,000 lb 
(538.75 mt), consistent with the United States Commissioners' 
suggestion. NMFS's rationale in support of this catch limit is included 
in the preamble, and is not repeated here.
    Comment 2: The Northwest Indian Fisheries Commission supported 
leaving 2017 catch limit in place for 2018, Alternative 1, which was 
also supported by IPHC advisory bodies at the annual meeting. 
Washington Department of Fish and Wildlife initially supported the 
United States Commissioners' suggestion, but later changed its position 
to state that 2017 levels are appropriate. The Northwest Indian 
Fisheries Commission further commented that the IPHC 2017 setline 
survey does not form a basis for a reduction in the Area 2A quota and 
that tribal and non-tribal commercial WPUE point to an increased Area 
2A abundance.
    Response: NMFS acknowledges the concerns with the setline survey, 
but disagrees that the 2017 setline survey does not provide any basis 
for Area 2A catch limit reductions. NMFS's consideration of the issues 
with the setline survey is discussed in detail in the preamble to this 
rule. Using the data from the 2017 setline survey that took place later 
than in previous years and coincided with a hypoxic area would result 
in a 2018 catch limit of 590,000 lb (267.62 mt) for Area 2A, discussed 
under Alternative 3. However, because of the concern with the 2017 
survey, NMFS supports using the WPUE from the 2016 setline survey that 
provides a more appropriate starting point for determining the final 
Area 2A catch limit. Applying the 2016 setline survey data to the 2017 
stock assessment was calculated to result in a 2018 TCEY of 1,060,000 
pounds (480.81 mt) for Area 2A. NMFS concurs with statements by the 
United States Commissioners that adopting a TCEY for Area 2A that 
corresponds to a coastwide reference fishing intensity level of F46% 
without any transition period would lead to extensive economic harm to 
the tribes, fishery participants, and coastal communities in Area 2A. 
Setting the catch limit at 1,190,000 lbs (539.75 mt) reduces the 
immediate economic harm to fishery participants, but still reduces the 
catch limit to support the sustainability of the halibut stock. NMFS 
considered commercial WPUE when making its decision, but opted for a 
precautionary lower catch limit for the health of the halibut stock 
until the IPHC reports new information.

Classification

    The Administrator of the NMFS West Coast Region determined that 
this interim final rule is necessary for the conservation and 
management of the Pacific halibut fishery and that it is consistent 
with the Convention, the Halibut Act, and other applicable laws. 
Halibut annual management measures are a product of an agreement 
between the United States and Canada and are published in the Federal 
Register to provide notice of their effectiveness and content. However, 
for 2018, because the United States and Canada were not able to reach 
agreement on all management measures, additional halibut annual 
management measures will be promulgated by the Secretary of Commerce 
pursuant to Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c(a) and 
(b).
    This interim final rule is consistent with the objective of the 
Convention to develop the stocks of halibut of the Northern Pacific 
Ocean and Bering Sea to levels which will permit the optimum yield from 
that fishery, and to maintain the stocks at those levels. NMFS 
considered the best available science when selecting the Area 2A catch 
limit implemented in this interim final rule. Specifically, NMFS 
considered the most recent stock assessments conducted by the IPHC, 
surveys, and the EA and FONSI completed for this interim final rule.

[[Page 13087]]

    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    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 its fisheries and to 
establish its own policies to achieve program objectives. Accordingly, 
tribal allocations and regulations have been developed in consultation 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus. The treaty tribes requested consultation with NMFS on this 
rule and NMFS met with representatives from the Makah Tribe on February 
9, 2018, and the Northwest Indian Fisheries Commission on February 12, 
2018, to discuss the rule.
    Without adoption of this interim final rule, the Pacific halibut 
stocks would be harvested at a rate NMFS has determined to be 
unacceptably high based on the best available science. Further, it is 
imperative to publish these regulations prior to the opening of the 
season under the 2018 IPHC annual management measures (83 FR 10390, 
Mar. 3, 2018) to avoid confusion to the affected public regarding legal 
behavior while conducting Pacific halibut fisheries in Convention 
waters off the United States. Therefore, pursuant to 5 U.S.C. 
553(b)(B), there is good cause to waive prior notice and an opportunity 
for public comment on this action, as notice and comment would be 
impracticable and contrary to the public interest. Because of the 
timing of the start of the Pacific halibut fishery, which begins on 
March 24, 2018, it is impracticable to complete rulemaking before the 
start of the fishery with a public review and comment period. However, 
the opportunity for public comment on the halibut stock and catch 
limits was available at the interim and annual IPHC meetings, through 
the proposed rule for changes to the Catch Sharing Plan, and at the 
Council meeting held in March 2018. This interim final rule implements 
commercial catch limit for Area 2A consistent with the suggestions made 
by United States Commissioners to the IPHC at the annual meeting of the 
IPHC that concluded on January 26, 2018. With the fishery scheduled to 
open on March 24, 2018, NMFS must ensure that the prosecution of a 
fishery would not result in substantial harm to the Pacific halibut 
resource that could occur if the additional time necessary to provide 
for prior notice and comment and agency processing delayed the 
effectiveness of this action beyond March 24, 2018.
    There also is good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. These management measures must be effective 
by March 24, 2018, when the Pacific halibut fishery is scheduled to 
open by regulations adopted by the IPHC. These management measures are 
necessary to prevent substantial harm to the Pacific halibut resource. 
Their immediate effectiveness avoids confusion that could occur if 
these management measures are not effective on March 24, 2018. 
Accordingly, it is impracticable to delay for 30 days the effective 
date of this rule. Therefore, good cause exists to waive the 30-day 
delay in effectiveness pursuant to 5 U.S.C. 553(b)(3), and to make the 
rule effective upon filing with the Office of the Federal Register.
    Although we are waiving prior notice and opportunity for public 
comment, we are requesting post-promulgation comments until April 25, 
2018. Please see ADDRESSES for more information on the ways to submit 
comments.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

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: March 21, 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 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. Add Sec.  300.69 to read as follows:


Sec.  300.69  2018 Catch limits for Area 2A.

    This section establishes catch limits for Area 2A, effective March 
24, 2018, through December 31, 2018.
    (a) This section establishes catch limits for Area 2A as follows:

------------------------------------------------------------------------
                                              Pounds        Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................       1,320,000          598.74
Area 2A Catch Limit.....................       1,190,000          538.78
Tribal commercial.......................         389,500          176.67
Incidental commercial during sablefish            50,000           22.68
 fishery................................
Non-tribal directed commercial..........         201,845           91.56
Incidental commercial catch during                35,620           16.16
 salmon troll fishery...................
------------------------------------------------------------------------

    (b) [Reserved]
[FR Doc. 2018-06048 Filed 3-23-18; 8:45 am]
 BILLING CODE 3510-22-P