[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Rules and Regulations]
[Pages 37023-37026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13287]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 200616-0161]
RIN 0648-BJ89
Revised Management Measures for the 2020 Guided Sport Pacific
Halibut Fisheries in International Pacific Halibut Commission
Regulatory Areas 2A, 2C, and 3A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action revises the 2020 regulations for guided Pacific
halibut sport fishing in International Pacific Halibut Commission
(IPHC) Regulatory Areas 2A, 2C, and 3A. The revised regulations
supersede the vessel application deadline previously published in
Section 15 Paragraph 9, and guided halibut sport fishing
[[Page 37024]]
management measures previously published in Section 29 of the 2020
annual management measures. No other regulations of the 2020 Pacific
halibut management measures are changed by this action. The Assistant
Administrator for Fisheries, National Oceanic and Atmospheric
Administration (NOAA), on behalf of the International Pacific Halibut
Commission (IPHC), publishes regulations governing the Pacific halibut
fishery that have been recommended by the IPHC and accepted by the
Secretary of State. The revisions in this action are intended to
enhance the conservation of Pacific halibut and further the goals and
objectives of the Pacific Fishery Management Council (PFMC) and North
Pacific Fishery Management Council (NPFMC).
DATES: The revisions to IPHC's annual management measures are valid May
28, 2020. These revisions, and all other management measures previously
published and not revised, are effective until superseded.
ADDRESSES: Additional requests for information regarding this action
may be obtained by contacting the International Pacific Halibut
Commission, 2320 W Commodore Way, Suite 300, Seattle, WA 98199-1287; or
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802; or Sustainable Fisheries Division, NMFS West Coast
Region, 7600 Sand Point Way NE, Seattle, WA 98115. This final rule also
is accessible via the internet at the Federal eRulemaking portal at
http://www.regulations.gov, identified by docket number NOAA-NMFS-2020-
0833.
FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Kurt Iverson,
907-586-7210; or, for waters off the U.S. West Coast, Kathryn Blair,
503-231-6858.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2020, pursuant to the Convention between Canada and
the United States for the Preservation of the Halibut Fishery of the
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended by a Protocol Amending the
Convention (signed at Washington, DC, on March 29, 1979).
As provided by the Northern Pacific Halibut Act of 1982 (Halibut
Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of
the Secretary of Commerce, may accept or reject, on behalf of the
United States, regulations recommended by the IPHC in accordance with
the Convention (Halibut Act, Sections 773-773k). The Secretary of
State, with the concurrence of the Secretary of Commerce, accepted the
2020 IPHC regulations as provided by the Halibut Act.
The Halibut Act provides the Secretary of Commerce with the
authority and general responsibility to carry out the requirements of
the Convention and the Halibut Act. The Regional Fishery Management
Councils may develop, and the Secretary of Commerce may implement,
regulations governing harvesting privileges among U.S. fishermen in
U.S. waters that are in addition to, and not in conflict with, approved
IPHC regulations. The NPFMC has exercised this authority in developing
halibut management programs for three fisheries that harvest halibut in
Alaska: The subsistence, sport, and commercial fisheries. The PFMC has
exercised this authority by developing a catch sharing plan governing
the allocation of halibut and management of sport fisheries on the U.S.
West Coast.
Subsistence and sport halibut fishery regulations for Alaska are
codified at 50 CFR part 300. Commercial halibut fisheries off Alaska
are subject to the Individual Fishing Quota (IFQ) Program and Community
Development Quota (CDQ) Program (50 CFR part 679) regulations, and the
area-specific catch sharing plans (CSPs) for Areas 2C, 3A, and Areas
4C, 4D, and 4E.
The NPFMC recommended and NMFS implemented through rulemaking a CSP
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC
Regulatory Area 2C and Area 3A (Areas 2C and 3A) on January 13, 2014
(78 FR 75844; December 12, 2013). The Area 2C and 3A CSP regulations
are codified at 50 CFR 300.65. The CSP defines an annual process for
allocating halibut between the commercial and charter fisheries so that
each sector's allocation varies in proportion to halibut abundance,
specifies a public process for setting annual management measures, and
authorizes limited annual leases of commercial IFQ for use in the
charter fishery as guided angler fish (GAF).
The IPHC held its annual meeting in Anchorage, Alaska, February 3-
7, 2020, and recommended a number of changes to the previous IPHC
regulations (84 FR 9243; March 14, 2019). The Secretary of State
accepted the 2020 annual management measures. Pursuant to regulations
at 50 CFR 300.62, the 2020 IPHC annual management measures were
published in the Federal Register (85 FR 14586; March 13, 2020) to
provide notice of their immediate regulatory effectiveness and to
inform persons subject to the regulations of their restrictions and
requirements. Because NMFS publishes the regulations applicable to the
entire Convention area, these regulations include some provisions
relating to and affecting Canadian fishing and fisheries. NMFS may
implement more restrictive regulations for the fishery for halibut or
components of it in waters of the United States; therefore, anglers are
advised to check the current Federal and IPHC regulations prior to
fishing.
On May 20, 2020, the IPHC held an intersessional meeting to address
stakeholder proposals, including a proposal from U.S. Commissioners
regarding the Area 2A sablefish fishery, and a recommendation by the
North Pacific Fishery Management Council (NPFMC) to revise guided sport
(charter) halibut management measures for Areas 2C and 3A. The proposed
revisions for Areas 2C and 3A were prompted by an unexpected decline in
charter fishing effort for the 2020 season. The NPFMC and IPHC reviewed
the best available information on the status of charter fishing effort
supported by an analysis from the State of Alaska Department of Fish
and Game (ADF&G) on the likely charter effort in Areas 2C and 3A and
the relative effectiveness of various charter halibut management
measures to maintain charter harvests within their allocations. The
proposal for the incidental catch in the Area 2A sablefish fishery was
for an extension to the application deadline.
The IPHC adopted revisions to Section 15, Licensing Vessels for
IPHC Regulatory Area 2A, and Section 29, Recreational (Sport) Fishing
for Pacific Halibut--IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
4E, of the charter fishing management measures. In a similar process as
described above, the Secretaries of State and Commerce accepted the
revised IPHC regulations. The revised Section 15 and Section 29
management measures published herein supersede the 2020 Section 15 and
Section 29 regulations previously published in the Federal Register (85
FR 14586; March 13, 2020). The IPHC did not recommend any other changes
to the 2020 Pacific halibut management measures. The revised management
measures, and all other management measures previously published and
not revised, are effective until superseded.
[[Page 37025]]
Revised Application Deadline for Incidental Catch in the Sablefish
Fishery in Area 2A
At the May 20, 2020 IPHC intersessional meeting, the Commissioners
adopted a regulatory proposal amending the deadline for when a vessel
operating in the incidental catch fishery during the sablefish fishery
in IPHC Regulatory Area 2A must have submitted its ``Application for
Vessel License for the Pacific Halibut Fishery'' form. The regulatory
change modified the deadline for submission from March 15 to May 29,
2020. This one-time modification was in response to potential negative
impacts that current events may have had on a licensee's ability to
submit an application and does not set a precedent for future years.
Fishery participants were informed of this regulatory change via
IPHC media release, NMFS' contact list for sablefish tier permit
holders, a bulletin posted to the NMFS website, as well as other
directed outreach to potentially affected public.
Revised Management Measures for Charter Vessel Fishing in Area 2C
The two primary management measures previously established for 2020
in Area 2C were a daily bag limit of one halibut per charter angler,
and size limits prohibiting retention of halibut that are greater than
40 inches (101.6 cm) or less than 80 inches (203.2 cm). The effect of
these regulations is to limit both the number and pounds of retained
halibut.
At the May 20, 2020 intersessional meeting, the IPHC recommended
the continuation of a one-fish daily bag limit with a revision to the
size limits. Specifically, the new regulations prohibit a person on
board a charter vessel referred to in 50 CFR 300.65 and fishing in Area
2C from taking or possessing any halibut, with head on, that is greater
than 45 inches (114.3 cm) and less than 80 inches (203.2 cm), as
measured in a straight line, passing over the pectoral fin from the tip
of the lower jaw with mouth closed, to the extreme end of the middle of
the tail.
The analysis prepared by ADF&G indicates that, under the revised
size limits, total harvests in Area 2C are expected to be less than the
Area 2C charter halibut allocation. Under the current and expected
charter fishing conditions in Area 2C, charter fishing effort has
declined, and is expected to decline further later in the fishing
season relative to previous years. The total amount of decline in
fishing effort throughout the year is difficult to predict. Therefore,
the revised charter management measures are conservative and intended
to provide additional harvest opportunity while maintaining total
charter harvests within the current allocation. The analysis prepared
by ADF&G indicates that if charter fishing removals in Area 2C decline
by approximately 12 percent or more compared the removals originally
projected in December of 2019 for the 2020 season, the revised
management measures are projected to maintain charter halibut harvests
within the current allocation.
Revised Management Measures for Charter Vessel Fishing in Area 3A
For 2020, the IPHC previously recommended the following management
measures for Area 3A: (1) A two-fish bag limit with a 26-inch (66.0 cm)
size limit on one of the halibut; (2) a one-trip per day limit for
charter vessels and for charter halibut permits for the entire season;
(3) an annual limit of four fish, with a reporting requirement; and,
(4) prohibition on halibut retention by charter vessel anglers on all
Tuesdays and all Wednesdays (85 FR 14586; March 13, 2020).
At the May 20, 2020 intersessional meeting, the IPHC recommended
retaining the one-trip per day limits for halibut charter vessels and
for charter halibut permits. The IPHC also recommended revising the
management measures as follows:
Size Limit for Halibut Retained on a Charter Vessel in Area 3A
The revised 2020 charter halibut fishery regulations in Area 3A
will include a two-fish daily bag limit in which one of the retained
halibut may be of any size and one of the retained halibut must be 32
inches (81.3 cm) or less, as measured in a straight line, passing over
the pectoral fin from the tip of the lower jaw to the extreme end of
the middle of the tail.
Retention of Halibut Allowed on All Days of the Week in Area 3A
The 2020 Area 3A charter fishing regulations are revised to allow
retention of halibut by charter vessel anglers during any day of the
week.
Withdraw the Annual Limit on Halibut Retained by Charter Vessels
Anglers in Area 3A
The 2020 Area 3A charter fishing regulations are revised to
withdraw the annual limit of four retained halibut for anglers on
charter vessels. The revised regulations do not impose an annual limit
on retained halibut for anglers on charter vessel fishing trips in Area
3A during the 2020 calendar year.
To enforce the previous annual limit, each charter vessel angler
was required to record the date and location of each halibut harvested
within a calendar year on the back of their fishing license or on a
nontransferable Sport Harvest Record Card obtained from the Alaska
Department of Fish and Game. The revised regulations withdraw this
reporting requirement for Area 3A charter vessel fishing trips. All
other reporting requirements remain in effect.
The analysis prepared by ADF&G indicates that, under the revised
size limits, total harvests in Area 3A are expected to be less than the
Area 3A charter halibut allocation. Under the current and expected
charter fishing conditions in Area 3A, charter fishing effort has
declined, and is expected to decline further later in the fishing
season relative to previous years. The total amount of decline in
fishing effort throughout the year is difficult to predict. Therefore,
the revised charter management measures are conservative and intended
to provide additional harvest opportunity while maintaining total
charter harvests within the current allocation. The analysis prepared
by ADF&G indicates that if charter fishing removals in Area 3A decline
by approximately 38 percent or more compared the removals originally
projected in December of 2019 for the 2020 season, the revised
management measures are projected to maintain charter halibut harvests
within the current allocation.
Revised Halibut Management Measures
The following revised management measures apply to Section 15
Paragraph 9 and Section 29 of the 2020 IPHC regulations. They are
recommended by the IPHC and have been accepted by the Secretary of
State, with the concurrence of the Secretary of Commerce. These
management measures supersede Section 15 Paragraph 9 and Section 29
regulations of the Commission previously published. The IPHC did not
recommend any other changes to the 2020 Pacific halibut management
measures. All other 2020 management measures adopted by the IPHC and
previously published in the Federal Register (85 FR 14586; March 13,
2020) remain unchanged and are effective until superseded.
15. Licensing Vessels for IPHC Regulatory Area 2A
(9) A vessel operating in the incidental catch fishery during the
sablefish fishery in IPHC Regulatory Area 2A must have submitted its
[[Page 37026]]
``Application for Vessel License for the Pacific Halibut Fishery'' form
no later than 2359 local time on 29 May, or the next weekday in May if
29 May is a Saturday or Sunday.
29. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E
(1) In Convention waters in and off Alaska.1 2
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\1\ NOAA Fisheries could implement more restrictive regulations
for the recreational (sport) fishery or components of it, therefore,
anglers are advised to check the current Federal or State
regulations prior to fishing.
\2\ Charter vessels are prohibited from harvesting Pacific
halibut in IPHC Regulatory Areas 2C and 3A during one charter vessel
fishing trip under regulations promulgated by NOAA Fisheries at 50
CFR 300.66.
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(a) The recreational (sport) fishing season is from 1 February to
31 December.
(b) The daily bag limit is two Pacific halibut of any size per day
per person unless a more restrictive bag limit applies in Commission
regulations or Federal regulations at 50 CFR 300.65.
(c) No person may possess more than two daily bag limits.
(d) No person shall possess on board a vessel, including charter
vessels and pleasure craft used for fishing, Pacific halibut that have
been filleted, mutilated, or otherwise disfigured in any manner, except
that each Pacific halibut may be cut into no more than 2 ventral
pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on
each piece, naturally attached.
(e) Pacific halibut in excess of the possession limit in paragraph
(1)(c) of this section may be possessed on a vessel that does not
contain recreational (sport) fishing gear, fishing rods, hand lines, or
gaffs.
(f) Pacific halibut harvested on a charter vessel fishing trip in
IPHC Regulatory Areas 2C or 3A must be retained on board the charter
vessel on which the Pacific halibut was caught until the end of the
charter vessel fishing trip as defined at 50 CFR 300.61.
(g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be
used to allow a charter vessel angler to harvest additional Pacific
halibut up to the limits in place for unguided anglers, and are exempt
from the requirements in paragraphs (2) and (3) of this section.
(2) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 2C:
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than one Pacific halibut per
calendar day.
(b) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain any Pacific halibut that with head on is
greater than 45 inches (114.3 cm) and less than 80 inches (203.2 cm) as
measured in a straight line, passing over the pectoral fin from the tip
of the lower jaw with mouth closed, to the extreme end of the middle of
the tail.
(3) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 3A:
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than two Pacific halibut per
calendar day.
(b) At least one of the retained Pacific halibut must have a head-
on length of no more than 32 inches (81.3 cm) as measured in a straight
line, passing over the pectoral fin from the tip of the lower jaw with
mouth closed, to the extreme end of the middle of the tail. If a person
recreational (sport) fishing on a charter vessel in IPHC Regulatory
Area 3A retains only one Pacific halibut in a calendar day, that
Pacific halibut may be of any length.
(c) A ``charter halibut permit'' (as referred to in 50 CFR 300.67)
may only be used for one charter vessel fishing trip in which Pacific
halibut are caught and retained per calendar day. A charter vessel
fishing trip is defined at 50 CFR 300.61 as the time period between the
first deployment of fishing gear into the water by a charter vessel
angler (as defined at 50 CFR 300.61) and the offloading of one or more
charter vessel anglers or any Pacific halibut from that vessel. For
purposes of this trip limit, a charter vessel fishing trip ends at 2359
(Alaska local time) on the same calendar day that the fishing trip
began, or when any anglers or Pacific halibut are offloaded, whichever
comes first.
(d) A charter vessel on which one or more anglers catch and retain
Pacific halibut may only make one charter vessel fishing trip per
calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61
as the time period between the first deployment of fishing gear into
the water by a charter vessel angler (as defined at 50 CFR 300.61) and
the offloading of one or more charter vessel anglers or any Pacific
halibut from that vessel. For purposes of this trip limit, a charter
vessel fishing trip ends at 2359 (Alaska local time) on the same
calendar day that the fishing trip began, or when any anglers or
Pacific halibut are offloaded, whichever comes first.
Classification
IPHC Regulations
These IPHC revised management measures are a product of an
agreement between the United States and Canada and are published in the
Federal Register to provide notice of their effectiveness and content.
Pursuant to section 4 of the Northern Pacific Halibut Act of 1982, 16
U.S.C. 773b, the Secretary of State, with the concurrence of the
Secretary of Commerce, may ``accept or reject'' but not modify these
recommendations of the IPHC. The notice-and-comment and delay-in-
effectiveness date provisions of the Administrative Procedure Act
(APA), 5 U.S.C. 553(b) and (d), are inapplicable to IPHC management
measures because this regulation involves a foreign affairs function of
the United States, 5 U.S.C. 553(a)(1). As stated above, the Secretary
of State has no discretion to modify the recommendations of the IPHC.
The additional time necessary to comply with the notice-and-comment and
delay-in-effectiveness requirements of the APA would disrupt
coordinated international conservation and management of the halibut
fishery pursuant to the Convention. Furthermore, no other law requires
prior notice and public comment for this rule. Because prior notice and
an opportunity for public comment are not required to be provided for
these portions of this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no Regulatory Flexibility
Analysis is required for this portion of the rule and none has been
prepared. This final rule has been determined to be not significant for
the purposes of Executive Order 12866. Because this is not a
significant rule, the provisions of Executive Order 13771 are
inapplicable.
Authority: 16 U.S.C. 773 et seq.
Dated: June 16, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-13287 Filed 6-18-20; 8:45 am]
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