[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Proposed Rules]
[Pages 9281-9287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04748]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[181022969-9171-01]
RIN 0648-BI55


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch 
Sharing Plan for the International Pacific Halibut Commission's 
regulatory Area 2A off Washington, Oregon, and California. In addition, 
NMFS proposes to implement the portions of the Plan and management 
measures that are not implemented through the International Pacific 
Halibut Commission. These measures include the recreational fishery 
seasons and allocations and management measures for Area 2A. These 
actions are intended to conserve Pacific halibut and provide angler 
opportunity where available.

DATES: Comments on the proposed rule must be received on or before 
March 29, 2019.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2018-0132, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0132, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Kathryn Blair, West Coast 
Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the

[[Page 9282]]

comment period ends. All comments received are a part of the public 
record and NMFS will post them for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Docket: This rule is accessible via the internet at the Office of 
the Federal Register website at http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the 
NMFS West Coast Region website at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html and at the Council's website at http://www.pcouncil.org. Other comments received may be accessed through 
Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kathryn Blair, phone: 503-231-6858, 
fax: 503-231-6893, 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. 16 U.S.C. 
773-773k. The Halibut Act requires that the Secretary adopt regulations 
to carry out the purposes and objectives of the Halibut Convention and 
Halibut Act 16 U.S.C. 773(c). 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. 16 U.S.C. 773c(c).
    At its annual meeting in February 2019, the IPHC recommended an 
Area 2A catch limit of 1,500,000 lb (680.4 metric tons (mt)) for 2019. 
This catch limit is derived from the total constant exploitation yield 
(TCEY) of 1,650,000 lb (748.4 mt), which includes commercial discards 
and bycatch estimates calculated using a formula developed by the IPHC. 
The table below shows the fishery and subarea allocations resulting 
from the framework described in the 2019 Area 2A Catch Sharing Plan.

  Table 1--Area 2A Catch Limit and Fishery Subarea Allocations for 2019
------------------------------------------------------------------------
                                              Pounds        Metric tons
------------------------------------------------------------------------
Area 2A TCEY............................       1,650,000           748.4
Area 2A Catch Limit.....................       1,500,000           680.4
Tribal commercial fishery...............         497,000           225.4
Incidental commercial during sablefish            70,000            31.8
 fishery................................
Non-tribal directed commercial fishery..         254,426           115.4
Incidental commercial catch during                44,899            20.4
 salmon troll fishery...................
Washington recreational fishery--Puget            77,550            35.2
 Sound..................................
Washington recreational fishery--North           128,187            58.1
 Coast..................................
Washington recreational fishery--South            62,896            28.5
 Coast..................................
Columbia River recreational fishery.....          15,127             6.9
Oregon recreational fishery--Central             271,592           123.2
 Oregon.................................
Oregon recreational fishery--Southern             11,322             5.1
 Oregon.................................
California recreational fishery.........          39,000            17.7
------------------------------------------------------------------------

    The Area 2A catch limit, tribal commercial fishery allocation, and 
commercial fishery allocations are adopted by the IPHC and will be 
published in the Federal Register after acceptance by the Secretary of 
State in accordance with 50 CFR 300.62.
    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 recreational (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 
approved and 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. While the full Catch 
Sharing Plan is not published in the Federal Register, it is made 
available on the Council and NMFS websites.
    This rule proposes to adopt the Council's recommended changes to 
the Catch Sharing Plan for IPHC regulatory Area 2A, which affect only 
the recreational fishery. In addition, this rule would revise the 
recreational Pacific halibut fishery management measures, such as 
season dates and bag limits, that are set in NMFS regulations. These 
management measures are detailed in the Council's recommended Catch 
Sharing Plan and were developed through the Council's public process. 
This rule proposes 2019 season dates for the recreational fisheries 
consistent with the Council's recommendations as well as 
recommendations from Oregon and Washington. The proposed season dates 
for California are identical to those from 2018.
    For 2019, the Council recommended minor modifications to 
recreational (sport) fisheries to better match the needs of the 
fishery. The Catch Sharing Plan changes provide flexibility to the 
state recreational fishery managers for opening the South Coast 
nearshore fishery and for extending the Columbia River fishery into the 
summer by both modifying the number of open days and the process for 
setting open days.

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

    The proposed 2019 Catch Sharing Plan allows incidental halibut 
retention in the sablefish primary fishery north of Pt. Chehalis, WA, 
when the Washington recreational catch limit is 214,110 lb (101.7 mt) 
or greater, provided that a minimum of 10,000 lb (4.5 mt) is available. 
The Area 2A catch limit for 2019 is great enough to allow 70,000 lb 
(31.8 mt) for incidental halibut retention in the sablefish primary 
fishery, which occurs when the catch limit is 1,500,000 lb (680.4 mt) 
or more. NMFS intends to publish the incidental halibut landing 
restrictions in the sablefish fishery in the Federal Register as an 
inseason

[[Page 9283]]

action by April 1, 2019, or as soon as possible thereafter.

Proposed Changes to the 2019 Area 2A Catch Sharing Plan

    Each year, at the Council's September meeting, the Washington 
Department of Fish and Wildlife (WDFW), Oregon Department of Fish and 
Wildlife (ODFW), California Department of Fish and Wildlife (CDFW), 
NMFS, and treaty Indian tribes in the State of Washington with treaty 
fishing rights for halibut have an opportunity to propose changes to 
the Catch Sharing Plan for consideration by the Council. At the 
September 2018 Council meeting, only WDFW and ODFW proposed changes to 
the Catch Sharing Plan. The Council voted to solicit public input on 
all of the changes recommended by WDFW and ODFW. WDFW and ODFW 
subsequently held public workshops on the recommended changes.
    At its November 2018 meeting, the Council considered the results of 
the state-sponsored workshops on the recommended changes to the Catch 
Sharing Plan, along with public input provided at the 2018 September 
and November Council meetings, and made its final recommendations for 
modifications to the Catch Sharing Plan. NMFS proposes to approve all 
of the Council's recommended changes to the Catch Sharing Plan as 
discussed below.
    1. In section (f)(1)(iii), the Council recommended removing the 
set-aside of 10 percent or 2,000 lb (0.91 mt) for the nearshore fishery 
in Washington South Coast subarea, instead allowing the nearshore 
fishery to be open after the primary (all-depth) fishery closes, if 
sufficient quota remains. The goal of this change is to clarify that 
the nearshore fishery will open only if there is sufficient quota after 
the primary fishery has closed. In previous years, the South Coast 
primary fishery has exceeded its sub-allocation, and the nearshore 
fishery has remained closed.
    2. In section (f)(1)(iv), the Council recommended modifying the 
method used in setting open days for the Columbia River subarea. 
Specifically, the Council recommended that the all-depth fishery open 
dates would be determined after consultation between ODFW and WDFW, in 
time for final action at the November Council meeting. This change 
allows for collaboration between stakeholders in Washington and Oregon 
to determine a season opening that meets the needs of the fishery.
    3. In section (f)(1)(iv), the Council recommended modifying the 
open days for the Columbia River subarea from three to two days per 
week, with openings occurring on a combination of Thursday, Friday, or 
Sunday. In 2018, the fishery was open three days per week and the 
season lasted only five days. This change, combined with the change 
mentioned above, is expected to extend the season into the summer.
    Additional discussion of these changes is included in the materials 
submitted to the Council at its September and November meetings, 
available at https://www.pcouncil.org/council-operations/council-meetings/past-meetings/. A version of the proposed Catch Sharing Plan 
including these changes can be found at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html.

Proposed 2019 Recreational Fishery Management Measures

    On the Council's recommendation, NMFS also proposes recreational 
fishery management measures, including season dates and bag limits that 
are necessary to implement the Council's recommended Catch Sharing Plan 
in 2019. The Catch Sharing Plan includes a framework for setting 
fishing open days by subarea, and each state submits final recommended 
season dates annually. This proposed rule contains dates for the 
recreational (sport) fisheries based on the 2019 Catch Sharing Plan as 
recommended by the Council. The season dates preferred for the States 
of Washington and Oregon, following input from the public, are proposed 
here. The season dates proposed for California are the same as they 
were in 2017 and 2018. The final rule will select dates based on public 
comment, including comments from California after it has concluded its 
public meetings gathering input on season dates.
    The annual domestic management measures are published each year 
through a final rule under NMFS' authority to implement the Halibut 
Convention. 50 CFR 300.62. As provided in the 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. 
For the 2018 fishing season, the final rule for the commercial 
fisheries and IPHC regulations was published on March 9, 2018, (83 FR 
10390) and the final rule for Area 2A recreational fisheries was 
published on March 26, 2018 (83 FR 13090). The final rule establishing 
catch limits for Area 2A published on March 26, 2018 (83 FR 13080). The 
section numbers below correspond to IPHC regulation sections in the 
March 9, 2018, final rule.
    NMFS proposes the following regulations to implement the Catch 
Sharing Plan recommended by the Council under the Halibut Act. After 
the opportunity for public comment, NMFS will publish a final rule 
implementing the Catch Sharing Plan and annual management measures, as 
required by implementing regulations at 50 CFR 300.63(b)(1). The 
numbering of this section corresponds to the annual regulations 
promulgated by the IPHC; IPHC regulations for 2019 will be finalized 
via separate rulemaking by March 15, 2019, or as soon as possible 
thereafter. This proposed rule would then add the following text to 
Section 27 of the annual domestic management measures and paragraph (8) 
of the 2019 IPHC regulations, ``Sport Fishing for Pacific Halibut--IPHC 
Regulatory Area 2A'':
    (8) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the inseason 
actions consistent with 50 CFR 300.63(c). All sport fishing in Area 2A 
is managed on a ``port of landing'' basis, whereby any halibut landed 
into a port counts toward the quota for the area in which that port is 
located, and the regulations governing the area of landing apply, 
regardless of the specific area of catch.
    (a) The quota for the area in Puget Sound and the U.S. waters in 
the Strait of Juan de Fuca, east of a line extending from 48[deg]17.30' 
N lat., 124[deg]23.70' W long. north to 48[deg]24.10' N lat., 
124[deg]23.70' W long., is 77,550 lb (35.2 mt).
    (i) The fishing seasons are:
    (A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20, 
and 22, or until there is not sufficient quota for another full day of 
fishing and the area is closed by the Commission. Any closure will be 
announced on the NMFS hotline at 800-662-9825.
    (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 128,187 lb (58.1 mt).
    (i) The fishing seasons are:
    (A) Fishing is open May 2, 4, 9, 11, 18, 24, and 26; June 6, 8, 20, 
and 22, or until there is not sufficient quota for another full day of 
fishing and the area is closed by the Commission. Any closure will be 
announced on the NMFS hotline at 800-662-9825.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

[[Page 9284]]

    (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 62,896 lb (28.5 mt).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47[deg]31.70' N lat. south to 46[deg]58.00' N 
lat. and east of a boundary line approximating the 30 fm depth contour. 
This area is defined by straight lines connecting all of the following 
points in the order stated as described by the following coordinates 
(the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N lat, 124[deg]37.03' W long;
    (2) 47[deg]25.67' N lat, 124[deg]34.79' W long;
    (3) 47[deg]12.82' N lat, 124[deg]29.12' W long;
    (4) 46[deg]58.00' N lat, 124[deg]24.24' W long.
    The primary fishery season dates are May 2, 5, 9, 12, and 24, or 
until there is not sufficient quota for another full day of fishing and 
the area is closed by the Commission. Any closure will be announced on 
the NMFS hotline at 800-662-9825. If sufficient quota remains, 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 62,896 lb (28.5 mt) is projected to be taken by the two fisheries 
combined and the fishery is closed by the Commission or September 30, 
whichever is earlier. If the fishery is closed prior to September 30, 
and there is insufficient quota remaining to reopen the northern 
nearshore area for another fishing day, then any remaining quota may be 
transferred in-season to another Washington coastal subarea by NMFS.
    (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 15,127 lb (6.9 mt).
    (i) This subarea is divided into an all-depth fishery and a 
nearshore fishery. The nearshore fishery is allocated 500 lb (0.23 mt) 
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 6, 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 is open May 2, 5, 9, 12, 24, and 26. If 
sufficient quota remains after May 26, the Columbia River subarea would 
be open two days per week (Thursday and Sunday) until 15,127 lb (6.9 
mt) are estimated to have been taken and the season is closed by the 
Commission, or September 30, whichever is earlier. Subsequent to this 
closure, if there is insufficient quota remaining in the Columbia River 
subarea for another fishing day, then any remaining quota may be 
transferred inseason to another Washington and/or Oregon subarea by 
NMFS. 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 recreational halibut fishery, 
when allowed by Pacific Coast groundfish regulations, during days open 
to the all-depth fishery only.
    (iv) Taking, retaining, possessing, or landing halibut on 
groundfish trips is only allowed in the nearshore area on days not open 
to all-depth Pacific halibut fisheries.
    (e) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N lat.) and Humbug Mountain 
(42[deg]40.50' N lat.) (Oregon Central Coast subarea), is 271,592 lb 
(123.2 mt).
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences June 
1, and continues 7 days a week, in the area shoreward of a boundary 
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 32,591 lb 
(14.8 mt), or any inseason revised subquota, is estimated to have been 
taken and the season is closed by the Commission, or October 31, 
whichever is earlier. The boundary line approximating the 40-fm (73-m) 
depth contour between 45[deg]46.00' N lat. and 42[deg]40.50' N lat. is 
defined at Sec.  660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 9, 10, 11; 16, 17, 18; 23, 24, 25; 30, 31, 
June 1; and 6, 7, 8. The allocation to the all-depth fishery is 171,103 
lb (77.6 mt). If sufficient unharvested quota remains for additional 
fishing days, the season will re-open June 20, 21, 22; July 4, 5, 6; 
and July 18, 19, 20. Notice of the re-opening will be announced on the 
NMFS hotline (206) 526-6667 or (800) 662-9825.
    (C) The third season (summer season), which is for the ``all-
depth'' fishery, will be August 2, 3; 16, 17; 30, 31; September 13, 14; 
27, 28; October 11, 12; and 25, 26; and will continue until the 
combined spring season and summer season quotas in the area between 
Cape Falcon and Humbug Mountain, Oregon, 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. Additional fishing days may be opened if 
sufficient quota remains after the last day of the first scheduled open

[[Page 9285]]

period. If, after this date, an amount greater than or equal to 60,000 
lb (27.2 mt) remains in the combined all-depth and inside 40-fm (73-m) 
quota, the fishery may re-open every Friday and Saturday, beginning 
August 2 and 3, and ending when there is insufficient quota remaining, 
whichever is earlier. If after September 3, 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 6 and 7, and ending October 31. After September 3, 
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 board 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 11,322 lb (5.1 mt).
    (i) The fishing season commences on May 1, and continues 7 days per 
week until the subquota is taken, or October 31, whichever is earlier.
    (ii) The daily bag limit is one halibut per person with no size 
limit.
    (iii) No Pacific Coast groundfish may be taken and retained, 
possessed or landed, except sablefish, Pacific cod, and flatfish 
species, in areas closed to groundfish, if halibut are on board the 
vessel.
    (g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N lat.) and along the California coast 
is 39,000 lb (17.7 mt).
    (i) The fishing season will be open May 1 through June 15, July 1 
through July 15, August 1 through August 15, and September 1 through 
October 31, or until the subarea quota is estimated to have been taken 
and the season is closed by the Commission, whichever is earlier. NMFS 
will announce any closure by the Commission on the NMFS hotline (206) 
526-6667 or (800) 662-9825.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 of the Halibut Act of 1982 (Halibut Act, 16 U.S.C. 
773c) provides the Secretary of Commerce with the general 
responsibility to carry out the Halibut Convention between Canada and 
the United States for the management of Pacific halibut, including the 
authority to adopt regulations as may be necessary to carry out the 
purposes and objectives of the Halibut Convention and Halibut Act. This 
proposed rule is consistent with the Secretary's authority under the 
Halibut Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not expected 
to be an Executive Order 13771 regulatory action because this proposed 
rule is not significant under Executive Order 12866.
    NMFS finds good cause to waive a longer notice and comment period, 
in favor of a 15-day comment period, pursuant to 5 U.S.C. 553(b)(3)(B). 
The final rule must be effective by May 1, in time for the start of 
recreational Pacific halibut fisheries. The 2019 Catch Sharing Plan 
provides the framework for the annual management measures and subarea 
allocations based on the 2019 Area 2A catch limit for Pacific halibut. 
Some recreational fishery subareas open May 1, 2019, and the final rule 
for this action implements season dates for those fisheries. 
Additionally, the final rule would implement a change to the Catch 
Sharing Plan season structure for the Washington South Coast and 
Columbia River subareas, which starts in early May. For these reasons, 
delaying the rule would cause economic harm to the associated fishing 
communities by reducing fishing opportunity at the start of the fishing 
year. Due to the recent government shutdown, NMFS was not able to 
provide notice of this proposed rule earlier. However, NMFS is able to 
take public comment for 15 days while still ensuring a final rule is 
promulgated in time for the May 1 fishery opening date.
    The Regulatory Flexibility Act (RFA) requires Federal agencies to 
prepare, and make available for public comment, both an initial and 
final regulatory flexibility analysis (IRFA and FRFA), unless the 
agency can certify that the proposed and/or final rule would not have a 
significant economic impact on a substantial number of small entities. 
These analyses describe the impact on small businesses, non-profit 
enterprises, local governments, and other small entities as defined by 
the RFA (5 U.S.C. 603). This analysis is to inform the agency and the 
public of the expected economic effects of the alternatives, and aid 
NMFS in considering any significant regulatory alternatives that would 
accomplish the applicable objectives and minimize the economic impact 
on affected small entities. The RFA does not require the alternative 
with the least cost or with the least adverse effect on small entities 
be chosen as the preferred alternative.
    The IRFA must only address the effects of a proposed rule on 
entities subject to the regulation (i.e., entities to which the rule 
will directly apply) rather than all entities affected by the 
regulation, which would include entities to which the rule will 
indirectly apply.
    Part 121 of Title 13, Code of Federal Regulations (CFR), sets 
forth, by North American Industry Classification System (NAICS) 
categories, the maximum number of employees or

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average annual gross receipts a business may have to be considered a 
small entity for RFA purposes. See 13 CFR 121.201. Under this 
provision, the U.S. Small Business Administration (SBA) established 
criteria for businesses in the fishery sector to qualify as small 
entities. Standards are expressed either in number of employees, or 
annual receipts in millions of dollars. The number of employees or 
annual receipts indicates the maximum allowed for a concern and its 
affiliates to be considered small (13 CFR 121.201).
    Provision is made under SBA's regulations for an agency to develop 
its own industry-specific size standards after consultation with SBA's 
Office of Advocacy and an opportunity for public comment (see 13 CFR 
121.903(c)).

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

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

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

    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 IPHC to govern the Pacific halibut catch in 
their corresponding U.S. Convention waters. The Council's main 
management objective for the Pacific halibut fishery in Area 2A is to 
manage fisheries to remain within the catch limit for Area 2A.
    A second objective is to allow each commercial, recreational 
(sport), and tribal fishery to target halibut in the manner that is 
appropriate to meet the conservation requirements for species that co-
occur with Pacific halibut. A third objective is to meet the needs of 
fishery participants in particular fisheries and fishing areas.

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

    This rule proposes changes to only the sport fishing sector of the 
halibut fishery. Therefore, this rule may affect some charterboat 
operations in Area 2A. Previous analyses determined that charterboats 
are small businesses. See 77 FR 5477 (Feb. 3, 2012) and 76 FR 2876 
(Jan. 18, 2011). Charter fishing operations are classified under NAICS 
code, 487210, with a corresponding SBA size standard of $7.5 million in 
annual receipts. No commercial fishing entities are directly affected 
by this rule.
    In 2018, the IPHC issued 133 licenses to the charterboat fleet. 
Recent information on charterboat activity is not available, but prior 
analysis indicated that 60 percent of the IPHC charterboat license 
holders (around 80 vessels) may be affected by these regulations. 
Private vessels used for recreational fishing are not businesses, and 
are therefore not subject to the RFA.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

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

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

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

Description and Estimate of Economic Effects on Entities, by Entity 
Size and Industry

    The major effect of halibut management on small entities will be 
from the catch limit decisions made by the IPHC, a decision independent 
from this proposed action. This proposed action only makes minor 
changes to the Plan to provide increased recreational opportunities 
under the allocations that result from the Area 2A catch limit. There 
are no large entities involved in the halibut fisheries; therefore, 
none of these changes will have a disproportionately negative effect on 
small entities versus large entities. The proposed changes to the plan 
are considered minor, with minimal economic effects.

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

    The proposed recreational management measures implement the Catch 
Sharing Plan by managing the fisheries to meet the differing fishery 
needs of the various areas along the coast according to the Catch 
Sharing Plan's objectives. These changes were uncontroversial 
throughout the Council's public process and are considered minor 
because the timing and level of participation are not expected to 
change. Removing the set-aside in the nearshore fishery is not expected 
to impact the fishery participants, because in previous years the South 
Coast primary fishery has exceeded its sub-allocation, and the 
nearshore fishery has remained closed. This proposed rule would clarify 
that the fishery is open only if there is quota remaining. Reducing the 
number of open days per week in the Columbia River subarea from three 
open days (status quo--open Thursday, Friday, and Sunday), to two open 
days (open a combination of Thursday, Friday, or Sunday), is expected 
to allow for the season to stay open through the summer, though not 
increase the number of open days. Allowing the season to remain open 
for three days could result in the season ending at an earlier date. 
The proposed Catch Sharing Plan changes are not expected to change the 
timing and participation in these recreational fisheries, therefore the 
changes are not expected to have a significant economic impact on a 
substantial number of small entities.

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

    Participants in the recreational Washington and Columbia River 
subareas will be impacted by these changes, and all of the entities are 
considered small. However, the effects of the rule would be minimal as 
described above. In 2017, the average number of participants in the 
Columbia River subarea was 73 (private vessels and charterboats are not 
differentiated), with the highest number on the first two days and last 
day. Participation in 2019 is expected to be similar.

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

    In the description of the entities affected, estimates of the 
number of charterboats were based off a 2004

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report by the Pacific States Marine Fisheries Commission. This report 
has not been updated and the number of entities is assumed to be 
similar.

Description of Any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize Any Significant Economic Impact of the Proposed Rule on Small 
Entities

    The status quo alternative would not achieve the objectives and 
requirements of the Convention and Halibut Act, specifically conserving 
Pacific halibut and allocating quota equitably. Because the effects of 
the rule would be minimal, there are no other additional significant 
alternatives that would further minimize the impact of the proposed 
rule on small entities while achieving the goals and objectives of the 
Convention and Halibut Act. In addition, these changes were proposed by 
stakeholders to address the needs of the fisheries, and, as explained 
above, the proposed changes are not expected to have a significant 
economic impact on a substantial number of small entities.
    A copy of this analysis is available from the Council or NMFS (see 
ADDRESSES).
    Pursuant to Executive Order 13175, the Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. Section 302(b)(5) of the 
Magnuson-Stevens Fishery Conservation and Management Act establishes a 
seat on the Pacific Council for a representative of an Indian tribe 
with federally recognized fishing rights from California, Oregon, 
Washington, or Idaho.
    The U.S. Government formally recognizes that the 13 Washington 
Tribes have treaty rights to fish for Pacific halibut. In general 
terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed fishing areas (described at 50 CFR 300.64). Each of the 
treaty tribes has the discretion to administer their fisheries and to 
establish their own policies to achieve program objectives. 
Accordingly, tribal allocations and regulations, including the proposed 
changes to the Plan, have been developed in consultation with the 
affected tribe(s) and, insofar as possible, with tribal consensus.

    Dated: March 11, 2019.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-04748 Filed 3-13-19; 8:45 am]
 BILLING CODE 3510-22-P