[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22992-22995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07860]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230410-0095; RTID 0648-XC711]


Pacific Halibut Fisheries of the West Coast; Management Measures 
for the 2023 Area 2A Pacific Halibut Directed Commercial Fishery

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to implement harvest specifications and 
management measures for the 2023 non-tribal directed commercial Pacific 
halibut fishery that operates south of Point Chehalis, WA 
(46[deg]53.30' N lat.) in the International Pacific Halibut 
Commission's regulatory Area 2A off Washington, Oregon, and California. 
Specifically, NMFS is proposing the 2023 directed commercial fishing 
periods and fishing period catch limits

[[Page 22993]]

by vessel size class. The proposed action includes two 58-hour fishing 
periods for the directed commercial fishery. The first fishing period 
would begin at 0800 hours on June 27 and close at 1800 hours on June 
29. The second fishing period would start at 0800 hours on July 11 and 
close at 1800 hours on July 13. Additionally, NMFS is proposing four 
catch limit apportionments across eight vessel size classes (A-H) for 
both fishing periods. These actions are intended to conserve Pacific 
halibut and provide fishing opportunity where available.

DATES: Comments must be received by May 15, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0006, by any of the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2023-0006 in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Scott M. Rumsey, Acting 
Regional Administrator, c/o Katie Davis, West Coast Region, NMFS, 500 W 
Ocean Blvd., Long Beach, CA 90802.
    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://www.pcouncil.org. Other comments received 
may be accessed through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS, 
(323) 372-2126, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k, gives the Secretary of Commerce (Secretary) general 
responsibility for implementing the provisions of the Convention 
between Canada and the United States for the Preservation of the 
Halibut Fishery of the North Pacific Ocean and Bering Sea (Halibut 
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). The Halibut Act requires that the Secretary shall adopt 
regulations as may be necessary to carry out the purposes and 
objectives of the Halibut Convention and Halibut Act. 16 U.S.C. 773c. 
The Assistant Administrator for Fisheries, National Oceanic and 
Atmospheric Administration (NOAA), on behalf of the IPHC, publishes 
annual management measures governing the Pacific halibut fishery that 
have been recommended by the International Pacific Halibut Commission 
(IPHC) and accepted by the Secretary of State, with concurrence from 
the Secretary of Commerce. These management measures include coastwide 
and area-specific mortality limits (also known as allocations and 
subarea allocations), coastwide season dates, gear restrictions, 
Pacific halibut size limits for retention, and logbook requirements, 
among others. The IPHC apportions allocations for the Pacific halibut 
fishery among regulatory areas: Area 2A (Washington, Oregon, and 
California), Area 2B (British Columbia), Area 2C (Southeast Alaska), 
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and 
Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and 
Aleutian Islands of Western Alaska).
    Additionally, as provided in the Halibut Act, the Regional Fishery 
Management Councils having authority for the geographic area concerned 
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 (16 U.S.C. 773c(c)). The Pacific Fishery Management Council 
(Council) has exercised this authority by developing a catch sharing 
plan guiding the allocation of halibut across the various sectors and 
management of fisheries for the IPHC's regulatory Area 2A. At its 
annual meeting held January 22-27, 2023, the IPHC adopted an Area 2A 
fishery constant exploitation yield (FCEY) of 1.52 million pounds 
(689.46 mt) of Pacific halibut. NMFS published this catch limit and 
fishery allocations in the Federal Register on March 7, 2023 (88 FR 
14066) after acceptance by the Secretary of State, with concurrence 
from the Secretary of Commerce, in accordance with 50 CFR 300.62. The 
FCEY was derived from the total constant exploitation yield (TCEY) of 
1.65 million pounds for Area 2A, which includes commercial discards and 
bycatch estimates calculated using a formula developed by the IPHC. 
Based on this FCEY for Area 2A and the allocation framework in the 
Council's catch sharing plan, the IPHC also adopted a non-tribal 
directed commercial fishing allocation of 257,819 pounds (116.94 mt).
    In previous years, the IPHC also issued commercial fishing licenses 
and promulgated annual management measures that established fishing 
periods and fishing period catch limits for the non-tribal directed 
commercial fishery that operates in Area 2A south of Point Chehalis, WA 
(46[deg]53.30' N lat.). Fishing period limits were assigned by vessel 
size class based on the number of permits issued, the allocation, and 
prior year participation. Between 2017 and 2020, NMFS, the IPHC, and 
the Council discussed transitioning specific management activities of 
the Area 2A fishery from IPHC to NMFS as NMFS and the Council were seen 
as being able to better address the overlap of Pacific halibut 
management with domestic fisheries (e.g., groundfish and salmon).
    Effective January 4, 2023, NMFS published a final rule that 
transitioned the Area 2A directed commercial fishery permitting and 
management activities from the IPHC to NMFS (87 FR 74322; December 5, 
2022). The rule established the regulatory framework by which NMFS is 
proposing the following 2023 management measures for the directed 
commercial fishery.

2023 Directed Commercial Fishing Periods

    Fishing periods are the time during the annual halibut season when 
fishing for Pacific halibut is allowed, and may span multiple days. At 
its November 2022 meeting, the Council discussed the 2023 directed 
commercial season structure and recommended that NMFS establish fishing 
periods consistent with their recent years' recommendations to the 
IPHC; specifically, that the directed commercial fishing season operate 
as a series of 3-day openings, beginning at 8:00 a.m. on the fourth 
Tuesday in June, and ending at 6:00 p.m. on Thursday of that week. 
Based on this recommendation, NMFS is proposing to open the 2023 
directed commercial

[[Page 22994]]

fishery for 58 hours, beginning on June 27 at 8:00 a.m. and closing on 
June 29 at 6:00 p.m. The second fishery opening would occur 2 weeks 
later, beginning on July 11 at 8:00 a.m. and closing on July 13 at 6:00 
p.m. Following these two fishing periods, if the fishery has not 
attained nor is projected to have attained the directed commercial 
allocation, NMFS may determine that subsequent fishing period(s) are 
necessary to attain the allocation. Any additional fishing period(s) 
and applicable fishing period limits will be announced in the Federal 
Register through inseason action.

2023 Directed Commercial Vessel Limits

    A fishing period limit, or vessel limit, is the maximum amount of 
Pacific halibut that may be retained and landed by a vessel during one 
fishing period. Each vessel may retain no more than the current fishing 
period limit of Pacific halibut for its vessel class, which is 
determined by vessel length. NMFS is proposing directed commercial 
fishing period limits based on the allocation for the directed 
commercial fishery in Area 2A and the number of permits issued by 
vessel size class, which is similar to the criteria the IPHC used to 
set fishing periods and fishing period limits. Vessel limits are 
proposed by vessel size class based on the number and sizes of the 
vessels for which permits were issued, as well as historical 
participation, and are intended to ensure that the Area 2A directed 
commercial fishery does not exceed the directed commercial allocation, 
while also providing fair and equitable access across participants to 
an attainable amount of harvest. The 2023 Pacific halibut directed 
commercial fishery permit application deadline was February 14, 2023. 
NMFS received 154 applications across eight vessel size classes (A-H). 
If NMFS determines fishing period(s) in addition to those proposed in 
this rule is warranted, NMFS will set the fishing period limits equal 
across all vessel classes. If NMFS determines that the directed 
commercial fishery has attained its annual allocation or is projected 
to attain its allocation if additional fishing was to be allowed, the 
Regional Administrator will take action to close the fishery.

2023 Non-Tribal Directed Commercial Fishery Management Measures

    The Area 2A non-tribal directed commercial fishery south of Point 
Chehalis, WA (46[deg]53.30' N lat.) would open on June 27 at 8:00 a.m. 
and close on June 29 at 6:00 p.m. and would open July 11 at 8:00 a.m. 
and close on July 13 at 6:00 p.m. The fishery may be adjusted inseason 
consistent with 50 CFR 300.63.

   Table 1--Vessel Limits by Size Class for the 2023 First and Second
   Fishing Periods of the Area 2A Pacific Halibut Non-Tribal Directed
                           Commercial Fishery
------------------------------------------------------------------------
                                           Length range   Fishing period
              Vessel class                    (feet)      limit (pounds)
------------------------------------------------------------------------
A.......................................            1-25           2,716
B.......................................           26-30           2,716
C.......................................           31-35           2,716
D.......................................           36-40           4,092
E.......................................           41-45           4,092
F.......................................           46-50           5,454
G.......................................           51-55           5,454
H.......................................             65+           6,136
------------------------------------------------------------------------

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Council, the North Pacific Fishery 
Management Council, and the Secretary of Commerce. Section 5 of the 
Halibut Act (16 U.S.C. 773c(c)) 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.
    This action is exempt from review under E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities, 
for the following reasons.
    For Regulatory Flexibility Act (RFA) purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 50 
CFR 200.2). A business primarily engaged in commercial fishing (North 
American Industry Classification System (NAICS) code 114111) is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $25 
million for all its affiliated operations worldwide. The entities that 
would be affected by the proposed action are those vessels that harvest 
Pacific halibut as part of the non-tribal directed commercial fishery 
and are all considered small businesses under the above size standards.
    This proposed rule, if adopted, would establish the 2023 Area 2A 
non-tribal directed commercial fishery management measures; 
specifically, the fishing periods and fishing period limits.
    There are no large entities involved in the halibut fisheries off 
the West Coast. In 2022, the IPHC issued 202 licenses to the commercial 
fishing fleet for the Area 2A non-tribal directed commercial fishery. 
Of those 202 vessels that obtained licenses, 39 percent (78 vessels) 
participated in the fishery. NMFS expects that a similar proportion of 
vessels will participate in the fishery this year and may be affected 
by these regulations. Cost data for the harvesting operations of non-
tribal commercial halibut vessels is limited or unavailable. However, 
for 2022, the non-tribal directed allocation was 252,730 pounds (114.6 
mt), of which approximately 250,674 pounds (113.7 mt) of halibut were 
harvested with an estimated ex-vessel value of approximately $1.68 
million. Therefore, NMFS considers all vessels affected by this action 
to be small entities.
    Since this action will only impact commercial fishing vessels, 
which in the Pacific halibut fishery are small entities, none of these 
changes will have a disproportionately negative effect on small 
entities versus large entities. Because each affected vessel is a small 
business, this proposed rule is considered to equally affect all of 
these small entities in the same manner. Therefore, this rule, if 
adopted, would not create disproportionate costs between small and 
large vessels/businesses.
    The major effect of halibut management on small entities will be 
from the Area 2A allocation decided by the IPHC; a decision independent 
from this proposed action. This action proposes fishing periods and 
fishing period limits for the 2023 non-tribal directed commercial 
fishery consistent with recommendations from the Council to provide 
commercial harvest opportunities under the allocations that result from 
the Area 2A catch limit determined by the IPHC. NMFS is proposing 
specifications that were established by the IPHC in previous years; any 
differences between the IPHC's management measures and those NMFS is 
proposing are considered minor, with minimal economic effects. 
Profitability is largely based on the Area 2A allocation decided by the 
IPHC, with subarea allocations determined based on the allocation 
formulae in the Council's catch sharing plan. Therefore, the proposed 
rule, if adopted, is unlikely to

[[Page 22995]]

affect the profitability of the commercial fishery.
    The Area 2A non-tribal directed commercial fishery allocation for 
2023 is 257,819 pounds (116.94 mt) for 2023, which is 2 percent higher 
than in 2022. This proposed rule, if adopted, is unlikely to affect 
overall participation in the directed commercial fishery since this 
action maintains an allocation similar to previous years. Since 
profitability is dependent on the amount of allocation available and 
market forces independent of this action, it is highly unlikely that 
this allocation would limit the fleet's potential profitability from 
catching halibut compared to last season or recent catch levels. 
Accordingly, vessel income from fishing is not expected to be altered 
as a result of this rule as it compares to recent catches in the 
fishery, including under the previous season's regulations.
    Based on the disproportionality and profitability analysis above, 
the proposed action, if adopted, will not have adverse or 
disproportional economic impact on these small business entities. As a 
result, an Initial Regulatory Flexibility Analysis is not required, and 
none has been prepared.
    This action does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act. There are no 
relevant Federal rules that may duplicate, overlap, or conflict with 
the proposed action.

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

    Dated: April 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-07860 Filed 4-13-23; 8:45 am]
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