[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Proposed Rules]
[Pages 6883-6890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02229]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 200130-0039]
RIN 0648-BJ39


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 9, 2020.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0120, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0120, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Barry Thom, c/o 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 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 https://www.federalregister.gov. 
Background information and documents are available at the NMFS West 
Coast Region website at https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/fisheries-management-west-coast and at the 
Council's website at http://

[[Page 6884]]

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 (Secretary) 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)).
    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.
    At its annual meeting February 3-7, 2020, the IPHC will recommend 
an Area 2A catch limit. This catch limit is derived from the total 
constant exploitation yield (TCEY), which includes commercial discards 
and bycatch estimates calculated using a formula developed by the IPHC. 
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. Following acceptance by the 
Secretary of State, the annual management measures promulgated by the 
IPHC are published in the Federal Register to provide notice of their 
immediate regulatory effectiveness and to inform persons subject to the 
regulations of their restrictions and requirements (50 CFR 300.62).
    This rule proposes to implement 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 some catch 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.

Proposed Changes to the 2020 Area 2A Catch Sharing Plan

    Each year, at the Council's September meeting, members of the 
public have an opportunity to propose changes to the Catch Sharing Plan 
for consideration by the Council. At the September 2019 Council 
meeting, only Washington Department of Fish and Wildlife (WDFW) and 
Oregon Department of Fish and Wildlife (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 2019 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 2019 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)(i), the Council recommended modifying the 
season start date for Washington's Puget Sound subarea to allow it to 
open in April instead of early May. In 2019, the Puget Sound subarea 
had 39,468 pounds (17.9 mt) of its allocation remaining at the 
recreational end of the season. This change would provide up to an 
additional month for anglers in the Puget Sound subarea to attain quota 
that has gone unharvested in recent years.
    2. In section (f)(1)(i)-(iii), the Council recommended modifying 
the number of open days for Washington's Puget Sound, North and South 
Coast subareas so they may be open up to three days a week instead of 
two. This change would provide flexibility in setting season days in 
years with high quota, to allow for additional angler opportunity.
    3. In section (f)(1)(ii)-(iv), the Council recommended modifying 
the season start date in Washington's North and South Coast, and 
Columbia River subareas to open on April 30 if it falls on a Thursday, 
because opening days are set by days in the week in the Catch Sharing 
Plan. This change adds flexibility to open the season earlier, provides 
a consistent season structure, and reduces effort shifts between 
Washington subareas.
    4. In section (f)(1)(v), the Council recommended adding an 
allocation-based threshold for setting open days in the Oregon Central 
Coast nearshore subarea. Specifically, the Council recommended that if 
the fishery allocation is 25,000 pounds (11.34 mt) or greater, the 
season will open May 1; if the allocation is less than 25,000 pounds 
(11.34 mt), the season will open June 1. This change provides an 
additional month of opportunity for anglers to achieve the full catch 
limit in years with a high allocation.
    5. In section (f)(1)(v), the Council recommended adding an 
allocation-based threshold for setting open days in the Oregon Central 
Coast subarea's summer all-depth fishery. Specifically, if the 
allocation projected to remain in the Central Coast spring all-depth 
fishery after its conclusion plus the summer all-depth allocation 
totals 60,000 pounds (27.22 mt) or more after the spring all-depth 
season concludes, Thursday may be added to the Central Coast summer 
all-depth season open days. This change provides anglers an additional 
day per week to achieve full attainment of the catch limit in years 
with high quota.
    6. In section (f)(1)(vi), the Council recommended revising the 
Southern Oregon subarea allocation of 3.91 percent of the Oregon 
recreational quota, to 3.91 percent up to a ceiling of 8,000 pounds 
(3.63 mt), with any amount over 8,000 pounds (3.63 mt) from the 3.91 
percent allocation to be automatically allocated to the Columbia River 
subarea. The goal of this change is to provide angler opportunity in 
the Columbia River subarea in years with a high allocation without 
revising the allocation percentage, when unused quota may not be 
utilized in the Southern Oregon subarea. The Columbia River subarea has 
high effort and attainment, and has had reduced seasons in recent 
years, while an allocation of 8,000 pounds (3.63 mt) for the Southern 
Oregon subarea is higher than recent catches and is unlikely to

[[Page 6885]]

affect angler opportunity in that subarea.
    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 https://www.pcouncil.org/pacific-halibut/background-information/.

Minor Changes to Regulatory Text To Remove Cross References

    At the November 2019 IPHC interim meeting, the IPHC Secretariat 
submitted a proposal to reorder IPHC regulation sections for clarity 
and emphasis. Current regulations at 50 CFR 300.63(d) cross reference 
IPHC regulation section numbers. NMFS proposes removing these cross-
references to prevent inconsistency with IPHC regulations.

Tribes' Usual and Accustomed Fishing Areas

    Regulations at 50 CFR 300.61 and 300.64 describe the usual and 
accustomed fishing areas of Indian tribes with treaty fishing rights to 
Pacific halibut. In 50 CFR 300.61, the definition of Subarea 2A-1 
describes the usual and accustomed fishing area for all 13 treaty 
tribes with fishing rights to halibut. The regulations at 50 CFR 300.64 
describe each treaty tribe's usual and accustomed fishing area, and 
explain that ``boundaries of a tribe's fishing area may be revised as 
ordered by a Federal Court'' (50 CFR 300.63(i)).
    On March 5, 2018, the United States District Court for the Western 
District of Washington revised the western boundaries of the U&A 
fishing areas for the Quileute Indian Tribe and the Quinault Indian 
Nation United States v. Washington, 2:09-sp-00001-RSM, (W.D. Wash. 
March 5, 2018) (Order Regarding Boundaries of Quinault and Quileute 
U&As). These revised boundaries mirror the coast of the Washington 
shoreline at a distance of 40 nautical miles for the Quileute Indian 
Tribe and 30 nautical miles for the Quinault Indian Nation. Other 
boundaries and their supporting rationale described in previous 
rulemakings on the U&A fishing areas would not be affected by this 
rulemaking. NMFS proposes revising the definition of Subarea 2A-1 at 50 
CFR 300.61 to a more general description of the usual and accustomed 
fishing areas of Indian tribes with treaty fishing rights to Pacific 
halibut, and updating the table at 50 CFR 300.64(i) to reflect the 
court decision.

Proposed 2020 Recreational Fishery Management Measures

    On the Council's recommendation, NMFS also proposes recreational 
fishery management measures, including season dates that are necessary 
to implement the Council's recommended Catch Sharing Plan in 2020. 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 2020 Catch Sharing Plan as recommended 
by the Council. The season dates preferred for Washington, following 
input from the public, are proposed here. The proposed season dates for 
Oregon are based on the Catch Sharing Plan framework and season dates 
from 2019. The proposed season dates for California are identical to 
those from 2019. The final rule will select dates based on public 
comment, including comments from Oregon and 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). For the 2019 fishing season, the final rule 
for the commercial fisheries, IPHC regulations, and catch limits was 
published on March 14, 2019 (84 FR 9243), and the final rule for Area 
2A recreational fisheries was published on April 29, 2019 (84 FR 
17960). The section numbers below correspond to IPHC regulation 
sections in the March 14, 2019, 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 2020 will be finalized 
via separate rulemaking by March 15, 2020, or as soon as possible 
thereafter. This proposed rule would add the following text to the 
annual domestic management measures and paragraph (8) of the 2020 IPHC 
regulations under the heading, ``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 [SUBAREA ALLOCATIONS WILL BE INSERTED WHEN 
FINAL RULE PUBLISHES AND WILL BE BASED ON THE ALLOCATION FORMULAS IN 
THE COUNCIL'S CATCH SHARING PLAN].
    (i) The fishing seasons are:
    (A) For the area in Puget Sound and the U.S. waters in the Strait 
of Juan de Fuca, east of a line at approximately 123[deg]49.60' W 
long., fishing is open April 16-18, 23-25; April 30-May 2; May 7-9, 14-
16, 22-24, 28-30; June 4-6, 11-13, 18-20, and 25-27, 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.
    (B) For the area in U.S. waters in the Strait of Juan de Fuca, 
approximately between 124[deg]23.70' W long. and 123[deg]49.60' W 
long., fishing is open April 30; May 2, 7, 9, 14, 16, 22, 23, 24, 28-
30; June 4-6, 11-13, 18-20, and 25-27, 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 [SUBAREA ALLOCATIONS WILL BE INSERTED WHEN FINAL 
RULE PUBLISHES AND WILL BE BASED ON THE ALLOCATION FORMULAS IN THE 
COUNCIL'S CATCH SHARING PLAN].
    (i) The fishing seasons are:
    (A) Fishing is open April 30; May 2, 7, 9, 14, 16, 22, 24, 28, 30; 
June 4, 6, 11, 13, 18, 20, 25, and 27, 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 6886]]

    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing with 
recreational gear in the North Coast Recreational YRCA may not be in 
possession of any halibut. Recreational vessels may transit through the 
North Coast Recreational YRCA with or without halibut on board. The 
North Coast Recreational YRCA is a C-shaped area off the northern 
Washington coast intended to protect yelloweye rockfish. The North 
Coast Recreational YRCA is defined in groundfish regulations at 50 CFR 
660.70(a).
    (c) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N lat.), and Leadbetter Point, WA 
(46[deg]38.17' N lat.) (South Coast subarea), is [SUBAREA ALLOCATIONS 
WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE BASED ON THE 
ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN].
    (i) This subarea is divided between the all-depth 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 (55-m) 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 April 30; May 3, 7, 10, 14, 
17, 21; June 18, 21, 25, and 28, 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 [SUBAREA 
ALLOCATIONS WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE 
BASED ON THE ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN] 
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 (55-m) 
depth contour and during days open to the primary fishery, lingcod may 
be taken, retained and possessed when allowed by groundfish regulations 
at 50 CFR 660.360, subpart G.
    (iv) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is 
defined at 50 CFR 660.70(e).
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N lat.), and Cape Falcon, OR 
(45[deg]46.00' N lat.)(Columbia River subarea), is [SUBAREA ALLOCATIONS 
WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE BASED ON THE 
ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN].
    (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 4, 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 April 30; May 3, 7, 10, 14, 17, 
21, 28, 31; June 4, 7, 11, 14, 18, 21, 25, and 28, or until there is 
not sufficient quota for another full day of fishing and the area is 
closed by the Commission, or September 30, whichever is earlier. Any 
closure will be announced on the NMFS hotline at 800-662-9825. 
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 [SUBAREA 
ALLOCATIONS WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE 
BASED ON THE ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN].
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences May 
1, and continues 7 days a week, in the area shoreward of a boundary 
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of [SUBAREA 
ALLOCATIONS WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE 
BASED ON THE ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN], 
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 8, 9; 14, 15, 16; 21, 22, 23; 28, 29, 30; 
and June 4, 5, 6. The

[[Page 6887]]

allocation to the all-depth fishery is [SUBAREA ALLOCATIONS WILL BE 
INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE BASED ON THE ALLOCATION 
FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN]. If sufficient 
unharvested quota remains for additional fishing days, the season will 
re-open June 18, 19, 20; July 2, 3, 4; and July 16, 17, 18. 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 6, 7, 8; 20, 21, 22; September 3, 4, 5; 
17, 18, 19; October 1, 2, 3; 15, 16, 17; 29, 30, 31; 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 
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 Thursday, Friday and Saturday, 
beginning August 6, 7, and 8, and ending when there is insufficient 
quota remaining, whichever is earlier. If after September 8, 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 Thursday, Friday and Saturday, the fishery may re-open every 
Thursday, Friday and Saturday, beginning September 10, 11, and 12, and 
ending October 31. After September 8, 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 [SUBAREA 
ALLOCATIONS WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND WILL BE 
BASED ON THE ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING PLAN].
    (i) The fishing season commences on May 1, and continues 7 days per 
week until the subquota is taken, or October 31, whichever is earlier.
    (ii) The daily bag limit is one halibut per person with no size 
limit.
    (iii) No Pacific Coast groundfish may be taken and retained, 
possessed or landed, except sablefish, Pacific cod, and flatfish 
species, in areas closed to groundfish, if halibut are on board the 
vessel.
    (g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N lat.) and along the California coast 
is [SUBAREA ALLOCATIONS WILL BE INSERTED WHEN FINAL RULE PUBLISHES AND 
WILL BE BASED ON THE ALLOCATION FORMULAS IN THE COUNCIL'S CATCH SHARING 
PLAN].
    (i) The fishing season will be open May 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 International Pacific Halibut Commission (IPHC), the 
Pacific Fishery Management Council, the North Pacific Fishery 
Management Council (Council), and the Secretary of Commerce. Section 5 
Halibut Act (16 U.S.C. 773c) allows the Regional Council having 
authority for a particular geographical area to develop regulations 
governing the allocation and catch of halibut in U.S. Convention waters 
as long as those regulations do not conflict with IPHC regulations. The 
proposed action is consistent with the Council's authority to allocate 
halibut catches among fishery participants in the waters in and off 
Washington, Oregon, and California.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not an 
Executive Order 13771 regulatory action because this rule is not 
significant under Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA (RFA). The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the legal basis for this action are contained at the beginning of this 
section in the preamble and in the SUMMARY section of the preamble. A 
summary of the analysis follows.

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

    The Halibut Act 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

[[Page 6888]]

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 the recreational (sport) 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 Final Rule Applies

    This rule would revise the recreational Pacific halibut fishery 
management measures, such as season dates and some catch limits that 
are set in NMFS regulations. This proposed rule would open the 
recreational fishery with 2020 season dates and subarea allocations, 
impacting charter boats, anglers, and businesses relying on sport 
fishing across all of Area 2A. This rule also proposes changes to the 
sport fishing sector of the Catch Sharing Plan for the halibut fishery, 
impacting participants in the recreational Washington and Oregon 
subareas. Therefore, this rule may affect some charterboat operations 
in Area 2A. Previous analyses determined that charterboats are small 
businesses (see 77 FR 5477 (February 3, 2012) and 76 FR 2876 (January 
18, 2011)). Charter fishing operations are classified under NAICS code, 
487210, with a corresponding Small Business Association size standard 
of $7.5 million in annual receipts. No commercial fishing entities are 
directly affected by this rule.
    In 2019, the IPHC issued 84 licenses to the charterboat fleet. NMFS 
estimates there are 47 licensed charterboats in Washington, and 26 in 
Oregon. Recent information on charterboat activity is not available, 
but prior analysis indicated that 60 percent of the IPHC charterboat 
license holders (around 50 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 would implement 
management measures including season dates and bag limits for the 
recreational fishery, and makes minor changes to the Catch Sharing 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 Catch Sharing Plan are 
considered minor, with minimal economic effects.

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

    In the description of the entities affected, estimates of the 
amount of charterboat activity from the number of licensed vessels were 
based on a 2004 report by the Pacific States Marine Fisheries 
Commission. This report has not been updated and the number of entities 
is assumed to be similar.

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 of not implementing management measures, 
such as season dates and bag limits, or revising the Catch Sharing Plan 
would not achieve the objectives and requirements of the Convention and 
Halibut Act, specifically conserving Pacific halibut and allocating 
quota equitably. Without establishing 2020 season dates and subarea 
allocations, there would be a significant economic impact on the entire 
recreational sector, including charter boats. When considered with the 
proposed management measures, the proposed changes to the Catch Sharing 
Plan would have minimal effect on the fishery and 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 
management measures and Catch Sharing Plan changes were proposed by 
stakeholders to address the needs of the fisheries, and, as explained 
above, the proposed changes are not expected to have a significant 
economic impact on a substantial number of small entities.
    A copy of this analysis is available from the Council or NMFS (see 
ADDRESSES).
    This proposed rule was developed after meaningful consultation and 
collaboration with the tribal representative on the Council, pursuant 
to Executive Order 13175.
    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.

    Dated: January 31, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300, subpart 
E, is proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

     Authority:  16 U.S.C. 773-773k.

0
2, In Sec.  300.61, revise the definition of ``Subarea 2A-1'' to read 
as follows:


Sec.  300.61  Definitions.

* * * * *

[[Page 6889]]

    Subarea 2A-1 includes the usual and accustomed fishing areas for 
Pacific Coast treaty tribes off the coast of Washington and all inland 
marine waters of Washington north of Point Chehalis (46[deg]53.30' N 
lat.), including Puget Sound. Boundaries of a tribe's fishing area may 
be revised as ordered by a Federal court.
* * * * *
0
3. In Sec.  300.63, revise paragraph (d) to read as follows:


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

* * * * *
    (d) Fishery Election in Area 2A. (1) A vessel that fishes in Area 
2A may participate in only one of the following three fisheries in Area 
2A:
    (i) The sport fishery established in the annual domestic management 
measures and IPHC regulations and defined at 50 CFR 300.61;
    (ii) The commercial directed fishery for halibut during the fishing 
period(s) established in the annual domestic management measures and 
IPHC regulations and/or the incidental retention of halibut during the 
sablefish primary fishery described at 50 CFR 660.231; or
    (iii) The incidental catch fishery during the salmon troll fishery 
as authorized in the annual domestic management measures and IPHC 
regulations.
    (2) No person shall fish for halibut in the sport fishery in Area 
2A under the annual domestic management measures and IPHC regulations, 
from a vessel that has been used during the same calendar year for 
commercial halibut fishing in Area 2A, or that has been issued a permit 
for the same calendar year for the commercial halibut fishery in Area 
2A.
    (3) No person shall fish for halibut in the directed commercial 
halibut fishery during the fishing periods established in the annual 
domestic management measures and IPHC regulations, and/or retain 
halibut incidentally taken in the sablefish primary fishery in Area 2A 
from a vessel that has been used during the same calendar year for the 
incidental catch fishery during the salmon troll fishery, as authorized 
in the annual domestic management measures and IPHC regulations.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the 
sablefish primary fishery in Area 2A from a vessel that, during the 
same calendar year, has been used in the sport halibut fishery in Area 
2A or that is licensed for the sport charter halibut fishery in Area 
2A.
    (5) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under the annual domestic management measures and 
IPHC regulations, taken on a vessel that, during the same calendar 
year, has been used in the sport halibut fishery in Area 2A, or that is 
licensed for the sport charter halibut fishery in Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under the annual domestic management measures and 
IPHC regulations, taken on a vessel that, during the same calendar 
year, has been used in the directed commercial halibut fishery during 
the fishing periods established in the annual domestic management 
measures and IPHC regulations, and/or retained halibut incidentally 
taken in the sablefish primary fishery for Area 2A or that is licensed 
to participate in these commercial fisheries during the fishing periods 
established in the annual domestic management measures and IPHC 
regulations in Area 2A.
* * * * *
0
4. In Sec.  300.64, revise paragraph (i) to read as follows:


Sec.  300.64   Fishing by U.S. treaty Indian tribes.

* * * * *
    (i) Table 1 to this paragraph (i) sets forth the fishing areas of 
each of the 13 treaty Indian tribes fishing pursuant to this section. 
Within subarea 2A-1, boundaries of a tribe's fishing area may be 
revised as ordered by a Federal court.

                         Table to Paragraph (i)
------------------------------------------------------------------------
            Tribe                              Boundaries
------------------------------------------------------------------------
HOH..........................  The area between 47[deg]54.30' N lat.
                                (Quillayute River) and 47[deg]21.00' N
                                lat. (Quinault River) and east of
                                125[deg]44.00' W long.
JAMESTOWN S'KLALLAM..........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1486, to be places at which the
                                Jamestown S'Klallam Tribe may fish under
                                rights secured by treaties with the
                                United States.
LOWER ELWHA S'KLALLAM........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049 and 1066 and 626 F. Supp.
                                1443, to be places at which the Lower
                                Elwha S'Klallam Tribe may fish under
                                rights secured by treaties with the
                                United States.
LUMMI........................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 384 F.
                                Supp. 360, as modified in Subproceeding
                                No. 89-08 (W.D. Wash., February 13,
                                1990) (decision and order re: Cross-
                                motions for summary judgement), to be
                                places at which the Lummi Tribe may fish
                                under rights secured by treaties with
                                the United States.
MAKAH........................  The area north of 48[deg]02.25' N lat.
                                (Norwegian Memorial) and east of
                                125[deg]44.00' W long.
NOOKSACK.....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash. 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Nooksack Tribe may fish under rights
                                secured by treaties with the United
                                States.
PORT GAMBLE S'KLALLAM........  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1442, to be places at which the
                                Port Gamble S'Klallam Tribe may fish
                                under rights secured by treaties with
                                the United States.
QUILEUTE.....................  The area commencing at Cape Alava,
                                located at 48[deg]10'00'' N lat,
                                124[deg]43'56.9'' W long.; then
                                proceeding west approximately 40
                                nautical miles at that latitude to a
                                northwestern point located at
                                48[deg]10'00'' N lat, 125[deg]44'00'' W
                                long.; then proceeding in a
                                southeasterly direction mirroring the
                                coastline at a distance no farther than
                                40 nautical miles from the mainland
                                Pacific coast shoreline at any line of
                                latitude, to a southwestern point at
                                47[deg]31'42'' N lat., 125[deg]20'26'' W
                                long.; then proceeding east along that
                                line of latitude to the Pacific coast
                                shoreline at 47[deg]31'42'' N lat.,
                                124[deg]21'9.0'' W long.

[[Page 6890]]

 
QUINAULT.....................  The area commencing at the Pacific coast
                                shoreline near Destruction Island,
                                located at 47[deg]40'06'' N lat.,
                                124[deg]23'51.362'' W long.; then
                                proceeding west approximately 30
                                nautical miles at that latitude to a
                                northwestern point located at
                                47[deg]40'06'' N lat., 125[deg]08'30'' W
                                long.; then proceeding in a
                                southeasterly direction mirroring the
                                coastline no farther than 30 nautical
                                miles from the mainland Pacific coast
                                shoreline at any line of latitude, to a
                                southwestern point at 46[deg]53'18'' N
                                lat., 124[deg]53'53'' W long.; then
                                proceeding east along that line of
                                latitude to the Pacific coast shoreline
                                at 46[deg]53'18'' N lat.,
                                124[deg]7'36.6'' W long.
SKOKOMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 384 F.
                                Supp. 377, to be places at which the
                                Skokomish Tribe may fish under rights
                                secured by treaties with the United
                                States.
SUQUAMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Suquamish Tribe may fish under rights
                                secured by treaties with the United
                                States.
SWINOMISH....................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 459 F.
                                Supp. 1049, to be places at which the
                                Swinomish Tribe may fish under rights
                                secured by treaties with the United
                                States.
TULALIP......................  Those locations in the Strait of Juan de
                                Fuca and Puget Sound as determined in or
                                in accordance with Final Decision No. 1
                                and subsequent orders in United States
                                v. Washington, 384 F. Supp. 312 (W.D.
                                Wash., 1974), and particularly at 626 F.
                                Supp. 1531-1532, to be places at which
                                the Tulalip Tribe may fish under rights
                                secured by treaties with the United
                                States.
------------------------------------------------------------------------

[FR Doc. 2020-02229 Filed 2-5-20; 8:45 am]
 BILLING CODE 3510-22-P