[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Rules and Regulations]
[Pages 13090-13095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06049]



[[Page 13089]]

Vol. 83

Monday,

No. 58

March 26, 2018

Part IV





Department of Commerce





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





National Oceanic and Atmospheric Administration





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





50 CFR Part 300





Pacific Halibut Fisheries; Catch Sharing Plan; Final Rule

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

[[Page 13090]]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 171205999-8274-02]
RIN 0648-BH45


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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

SUMMARY: This final rule implements the Pacific Halibut Catch Sharing 
Plan and codified regulations for the International Pacific Halibut 
Commission's Regulatory Area 2A (Area 2A), located off Washington, 
Oregon, and California. In addition, this final rule implements 
portions of the Catch Sharing Plan that are not implemented through the 
International Pacific Halibut Commission, specifically 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: This rule is effective on March 24, 2018.

ADDRESSES: Additional information regarding this action may be obtained 
by contacting the Sustainable Fisheries Division, NMFS West Coast 
Region, 7600 Sand Point Way NE, Seattle, WA 98115. For information 
regarding all halibut fisheries and general regulations not contained 
in this rule contact the International Pacific Halibut Commission, 2320 
W. Commodore Way, Suite 300, Seattle, WA 98199-1287. Electronic copies 
of the Regulatory Impact Review (RIR) and Final Regulatory Flexibility 
Analysis (FRFA) prepared for this action may be obtained by contacting 
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 Northern Pacific Halibut Act (Halibut Act) of 1982 gives the 
Secretary of Commerce responsibility for implementing the provisions of 
the Halibut Convention between the United States and Canada. The 
Halibut Act requires that the Secretary adopt regulations to carry out 
the purposes and objectives of the Halibut Convention and Halibut Act. 
The Halibut Act also authorizes the regional fishery management 
councils to develop regulations in addition to, but not in conflict 
with, regulations of the International Pacific Halibut Commission 
(IPHC) to govern the Pacific halibut catch in their corresponding U.S. 
Convention waters.
    Since 1988, NMFS has implemented annual Catch Sharing Plans that 
allocate the IPHC Regulatory Area 2A Pacific halibut catch limit 
between treaty Indian and non-Indian harvesters, and among non-Indian 
commercial and sport fisheries. The Pacific Fishery Management Council 
(Council) develops Catch Sharing Plans in accordance with the Halibut 
Act. In 1995, the Council recommended, and NMFS implemented a long-term 
Area 2A Catch Sharing Plan (60 FR 14651; March 20, 1995). NMFS has been 
implementing adjustments to the Area 2A Catch Sharing Plan based on 
Council recommendations each year to address the changing needs of 
these fisheries.
    For 2018, the Council recommended minor modifications to sport 
fisheries to better match the needs of the fishery, and changes to the 
incidental retention of halibut in the sablefish fishery. On January 
30, 2018, NMFS published a proposed rule to approve the Council's 
recommended changes to the 2018 Catch Sharing Plan and recreational 
management measures for Area 2A (83 FR 4175). In the Area 2A proposed 
rule, NMFS also proposed changing the codified regulations to make them 
consistent with the current allocation threshold for incidental halibut 
caught in the sablefish fishery. This final rule includes these 
components of the proposed rule, as well as dates for the sport 
fisheries based on dates submitted by the states of California and 
Oregon following publication of the proposed rule (see Comments and 
Responses section).
    In past years, NMFS has published the catch limits for the IPHC's 
Regulatory Areas, which were included in the IPHC's annual regulations. 
The IPHC did not reach consensus on 2018 Pacific halibut catch limits 
for any of the IPHC Regulatory Areas at its annual meeting held January 
22-26, 2018. NMFS is implementing 2018 catch limits for all U.S. IPHC 
Regulatory Areas in separate rulemakings. Specifically, this final rule 
will implement Area 2A subarea allocations within the annual management 
measures that are based on the catch limits described in a separate 
interim final rule for Area 2A and the framework set forth in the Catch 
Sharing Plan published elsewhere in this same issue of the Federal 
Register. The IPHC did reach agreement on annual regulations for 
matters other than the catch limits. On February 26, 2018, the 
Secretary of State, with the concurrence of the Secretary of Commerce, 
accepted the 2018 IPHC regulations. NMFS published a final rule to 
implement the 2018 management measures and season dates for all IPHC 
Regulatory Areas on March 9, 2018 (83 FR 10390).

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

    The 2018 Area 2A Catch Sharing Plan allows incidental halibut 
retention in the sablefish primary fishery north of Pt. Chehalis, WA, 
when the Washington recreational TAC is 224,110 lb (101.7 mt) or 
greater, provided that a minimum of 10,000 lb (4.5 mt) is available. 
Because the IPHC was not able to reach consensus on an Area 2A catch 
limit for 2018, NMFS determined the catch limit, as described in a 
concurrent interim final rule published elsewhere in this same issue of 
the Federal Register. The Area 2A catch limit is great enough to allow 
the full allocation of 50,000 pounds for incidental halibut retention 
in the sablefish primary fishery. NMFS intends to publish the 
incidental halibut landing restrictions for the sablefish fishery in 
the Federal Register as an inseason action by April 1, 2018, or as soon 
as possible thereafter.

2018 Sport Fishery Management Measures

    The sport fishing regulations for Area 2A, included in section 27 
(referring to the relevant section of the IPHC regulations) below, are 
consistent with the measures adopted by the IPHC and approved by the 
Secretary of State, but were developed by the Council and promulgated 
by the United States under the Halibut Act. Section 27 corresponds to 
the numbering in the IPHC regulations published on March 9, 2018 (83 FR 
10390).\1\ The changes to the Catch Sharing Plan are published in the 
Federal Register, but are not codified in the Code of Federal 
Regulations.
---------------------------------------------------------------------------

    \1\ In the proposed rule (83 FR 4175, Jan. 30, 2018), sport 
fishing regulations were listed under section 26, corresponding to 
the 2017 IPHC regulations (82 FR 12730, Mar. 7, 2017). Area 2A sport 
fishing regulations have been updated to section 27 in this final 
rule following publication of IPHC regulations for 2018.
---------------------------------------------------------------------------

    In section 27 of the annual domestic management measures, ``Sport 
Fishing for Halibut--IPHC Regulatory Area 2A''

[[Page 13091]]

paragraph (8) is revised 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 60,995 pounds.
    (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 111,632 pounds.
    (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 46, 341 pounds.
    (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: 44,341 
pounds for the primary fishery and 2,000 pounds to the nearshore 
fishery. 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 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 46,341 pounds 
is projected to be taken by the two fisheries combined and the fishery 
is closed by the Commission or September 30, whichever is earlier. If 
the fishery is closed prior to September 30, and there is insufficient 
quota remaining to reopen the northern nearshore area for another 
fishing day, then any remaining quota may be transferred in-season to 
another Washington coastal subarea by NMFS via an update to the 
recreational halibut hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be 
taken, retained and possessed when allowed by groundfish regulations at 
50 CFR 660.360, subpart G.
    (iv) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is 
defined at 50 CFR 660.70(e).
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR 
(45[deg]46.00' N lat.) (Columbia River subarea), is 11,682 pounds.
    (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 11,182 pounds 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,

[[Page 13092]]

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 215,463 
pounds.
    (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 25,856 pounds, 
or any in-season revised subquota, is estimated to have been taken and 
the season is closed by the Commission, whichever is earlier. The 
boundary line approximating the 40-fm (73-m) depth contour between 
45[deg]46.00' N lat. and 42[deg]40.50' N lat. is defined at Sec.  
660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 10, 11, 12; 24, 25, 26; June 7, 8, 9; and 
21, 22, 23. The allocation to the all-depth fishery is 135,742 pounds. 
If sufficient unharvested quota remains for additional fishing days, 
the season will re-open July 5, 6, 7; and 19, 20, 21. Notice of the re-
opening will be announced on the NMFS hotline (206) 526-6667 or (800) 
662-9825. No halibut fishing will be allowed on the re-opening dates 
unless the date is announced on the NMFS hotline.
    (C) If sufficient unharvested quota remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be open 
August 3, 4; 17, 18; 31; September 1; 14, 15; 28, 29; October 12, 13; 
and 26, 27; or until the combined spring season and summer season 
quotas in the area between Cape Falcon and Humbug Mountain, OR, are 
estimated to have been taken and the area is closed by the Commission. 
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 other Friday and Saturday, beginning 
August 3 and 4 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 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 8,982 pounds.
    (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 30,940 pounds.
    (i) The fishing season will be open May 1 through June 15, July 1 
through July 15, August 1 through August 15, and September 1 through 
October 31, or until the subarea quota is estimated to have been taken 
and the season is closed by the Commission, 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.

Comments and Responses

    NMFS accepted public comments on the Council's recommended 
modifications to the 2018 Area 2A Catch Sharing Plan and the resulting 
proposed domestic fishing regulations through March 1, 2018. NMFS also 
accepted comments regarding the 2018 catch limit for Area 2A, since the 
IPHC did not come to an agreement on catch limits for the IPHC 
Regulatory Areas at its annual meeting. NMFS responded to public 
comments on the Area 2A catch limits in the concurrent interim final 
rule published elsewhere in this same issue of the Federal Register.
    Comment 1: Oregon Department of Fish and Wildlife (ODFW) submitted 
a comment that included final recreational season dates for the 2018 
season. ODFW held a public meeting and hosted an online survey 
following the IPHC annual meeting. Based on public comments received on 
Oregon halibut fisheries, ODFW recommended the following days for the 
Spring fishery in the Central Oregon Coast subarea, within this 
subarea's parameters for a Thursday-Saturday season and with weeks of 
adverse tidal conditions skipped: Regular open days May 10, 11, 12; 24, 
25, 26; June 7, 8, 9; and 21, 22, 23. Recommended backup dates for the

[[Page 13093]]

Spring fishery are July 5, 6, 7; and 19, 20, 21. For the summer all-
depth fishery in this subarea, ODFW recommended following the Area 2A 
Catch Sharing Plan's parameters of opening the first Friday in August, 
with open days to occur every other Friday-Saturday, unless modified 
in-season within the parameters of the Catch Sharing Plan. Therefore, 
the ODFW recommended the 2018 summer all-depth fishery in Oregon's 
Central Coast Subarea to occur: August 3, 4; 17, 18; 31; September 1; 
14, 15; 28, 29; October 12, 13; and 26, 27; or until the total 2018 
all-depth quota for the subarea has been attained.
    Response: NMFS concurs that the ODFW-recommended season dates are 
appropriate, and has updated the Oregon Central Coast sport fishery 
season dates in this final rule.
    Comment 2: California Department of Fish and Wildlife (CDFW) 
submitted a comment recommending final recreational fishing season 
dates for the 2018 season. Based on public comment and fishing 
performance in recent years, CDFW recommended season dates of May 1-
June 15, July 1-July 15, August 1-August 15, and September 1-October 
31, or until quota has been attained, whichever comes first.
    Response: NMFS concurs that the CDFW-recommended season dates are 
appropriate, and has updated California sport fishery season dates in 
this final rule.
    Comment 3: Washington Department of Fish and Wildlife (WDFW) 
recommended adding a four fish Pacific halibut bag limit to the Catch 
Sharing Plan. This change was developed through the state and Council 
stakeholder process, and approved at the November 2017 Council meeting.
    Response: Because of ambiguity in the proposed changes to the Catch 
Sharing Plan and regulations NMFS received, NMFS did not include the 
four fish bag limit in the Catch Sharing Plan or in the regulations in 
the proposed rule. To ensure that the Catch Sharing Plan is in place 
for the start of the 2018 fishing year, and because this proposed 
change was not clearly identified for the public in the proposed rule, 
NMFS will not include the Washington state bag limit in the Catch 
Sharing Plan or federal regulations for 2018. However, NMFS will work 
with Washington as necessary to implement the bag limits in state 
regulations, rather than in federal regulations.

Changes From the Proposed Rule

    NMFS implemented the total Area 2A catch limit of 1,190,000 pounds 
in a separate interim final rule published elsewhere in this same issue 
of the Federal Register, and is publishing the Area 2A subarea 
allocations for the first time in this final rule, as the total Area 2A 
catch limit was not available when the proposed rule was published. The 
allocations in this rule are consistent with the 2018 Area 2A Catch 
Sharing Plan as recommended by the Council. In addition, NMFS included 
CDFW and ODFW's recommended season dates (as described in the Comments 
and Responses section) in this final rule.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Council, the North Pacific Fishery 
Management Council, and the Secretary. Section 5 of the Halibut Act (16 
U.S.C. 773c) provides the Secretary with the general responsibility to 
carry out the Halibut Convention between Canada and the United States 
for the management of Pacific halibut, including the authority to adopt 
regulations as may be necessary to carry out the purposes and 
objectives of the Halibut Convention and the Halibut Act. This action 
is consistent with the Secretary's authority under the Halibut Act.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    This final rule is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    NMFS finds good cause to waive the 30-day delay in effectiveness 
and make this rule effective on March 24, 2018, in time for the start 
of incidental Pacific halibut fisheries, pursuant to 5 U.S.C. 
553(d)(3). The 2018 Catch Sharing Plan provides the framework for the 
annual management measures and subarea allocations based on the 2018 
Area 2A catch limit for Pacific halibut. This rule would implement a 
change to the Catch Sharing Plan allocation for the sablefish primary 
fishery, which starts on April 1, 2018.
    Allowing the 2017 measures to remain in place could harm the 
halibut stock because those measures are based on the 2017 catch limit 
for Area 2A, which does not reflect the most current scientific 
information. The 2018 Area 2A catch limit is lower than the 2017 catch 
limit. Because of the overall reduction in the 2018 Area 2A catch 
limit, halibut allocations for all of the halibut fisheries in Area 2A 
are reduced in 2018 compared to 2017. Maintaining the 2017 Catch 
Sharing Plan and management measures could necessitate management 
changes later in the year to prevent exceeding the lower 2018 
allocations once the 2018 Catch Sharing Plan is effective. Those 
management changes may reduce revenue for fishery participants by 
causing them to curtail effort or change business plans. For all of 
these reasons, a delay in effectiveness could ultimately cause economic 
harm to the fishing industry and associated fishing communities by 
reducing fishing opportunity later in the year to keep catch within the 
lower 2018 allocations, or could result in halibut catch greater than 
the level supported by best available scientific information. To 
prevent the potential harm to the halibut stock and fishing communities 
that could result from delaying the effectiveness of this final rule, 
NMFS finds good cause to waive the 30-day delay in the date of 
effectiveness and make this rule effective on March 24, 2018.

Final Regulatory Flexibility Analysis

    Section 604 of the RFA, 5 U.S.C. 604, requires Federal agencies to 
prepare a Final Regulatory Flexibility Analysis (FRFA) for each final 
rule. The FRFA describes the economic impact of this action on small 
entities. The FRFA includes a summary of significant issues raised by 
public comments, the analyses contained in the accompanying 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (IRFA), the IRFA summary in the proposed rule, as 
well as the summary provided below. A statement of the necessity for, 
and the objectives of this action are contained in proposed rule and in 
the preamble to this final rule, and is not repeated here. A copy of 
the FRFA is available on request (see ADDRESSES), and a summary of the 
FRFA is provided below.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    There were no issues raised about the IRFA in the public comments.

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

    The SBA defines a small business as one that is:
     Independently owned and operated;
     Not dominant in its field of operation;

[[Page 13094]]

     Has annual receipts that do not exceed--
    [cir] $20.5 million in the case of commercial finfish harvesting 
entities (NAIC \2\ 114111);
---------------------------------------------------------------------------

    \2\ The North American Industry Classification System (NAICS) is 
the standard used by Federal statistical agencies in classifying 
business establishments for the purpose of collecting, analyzing, 
and publishing statistical data related to the U.S. business 
economy.
---------------------------------------------------------------------------

    [cir] $5.5 million in the case of commercial shellfish harvesting 
entities (NAIC 114112);
    [cir] $7.5 million in the case of for-hire fishing entities (NAIC 
114119); or
     Has fewer than--
    [cir] 750 employees in the case of fish processors; or
    [cir] 100 employees in the case of fish dealers.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    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; February 3, 2012, and 76 FR 2876; January 18, 2011).
    In 2017, 574 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: The 2A directed commercial fishery (192 
licenses in 2017), the incidental fishery in the sablefish primary 
fishery in Area 2A (8 licenses in 2017), incidental halibut caught in 
the salmon troll fishery (222 licenses in 2017) and the charterboat 
fleet (136 licenses in 2017). A number of vessels were issued IPHC 
licenses for both the 2A directed commercial fishery and the incidental 
fishery in the sablefish primary fishery (16 licenses in 2017). These 
license estimates overstate the number of vessels that participate in 
the fishery. IPHC estimates that only half of the licensed vessels 
participated in the directed commercial fishery, 100 vessels 
participated in the incidental commercial (salmon) fishery, and 13 
vessels participated in the incidental commercial (sablefish) fishery. 
Recent information on charterboat activity is not available, but prior 
analysis indicated that 60 percent of the IPHC charterboat license 
holders may be affected by these regulations.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The changes to the Catch Sharing Plan and domestic management 
measures do not include any new reporting or recordkeeping 
requirements. These changes will also not duplicate, overlap or 
conflict with other laws or regulations.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    There were no significant alternatives to the final rule that would 
minimize any significant impact on small entities. The effects of the 
rule are minimal, and there are no other additional significant 
alternatives that would further minimize the impact of the rule on 
small entities while achieving the goals and objectives of the 
Convention and Halibut Act. The minor changes, including updates to 
sport fishery season dates, modification of the quota for incidental 
halibut in the sablefish fishery, and changes to the open days in the 
Columbia River subarea, were proposed by stakeholders and recommended 
by the Council to address the needs of the fishery. Commercial 
opportunities may be fewer with the incidental sablefish maximum 
allocation lowering to 50,000 pounds. However, even when the maximum of 
70,000 pounds has been allocated, attainment greater than 50,000 pounds 
has not occurred since 2006. Reducing the number of open days in the 
Columbia River subarea from four open days (status quo--open Thursday 
through Sunday), to three open days (open Thursday, Friday, and 
Sunday), is expected to allow the season to stay open through the 
summer. Allowing the season to remain open for four days could result 
in the season ending at an earlier date, which would ultimately 
decrease sport fishing opportunities.
    The changes to the Catch Sharing Plan are expected to slightly 
increase fishing opportunities in some areas at some times, and to 
slightly decrease fishing opportunities in other areas at other times. 
None of these changes are controversial, and none are expected to 
result in substantial environmental or economic impacts. These actions 
are intended to enhance the conservation of Pacific halibut, and to 
provide angler opportunity where available.
    NMFS does not consider that the changes to the Catch Sharing Plan 
considered by the Council constituted significant alternatives, 
therefore NMFS did not analyze alternatives to those changes to the 
Catch Sharing Plan, other than the proposed changes and the status quo, 
for purposes of the FRFA. Effects of the status quo and the final 
changes are similar, because the changes to the Catch Sharing Plan for 
2018 are not substantially different from the 2017 Catch Sharing Plan. 
For these reasons, the changes to the Catch Sharing Plan are not 
expected to have a significant economic impact.
    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 Catch Sharing Plan, have been developed in consultation 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

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

    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:

[[Page 13095]]

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 the introductory text of paragraph (b)(3) 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. 2018-06049 Filed 3-23-18; 8:45 am]
BILLING CODE 3510-22-P