[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41334-41336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230615-0151; 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: Final rule.

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SUMMARY: NMFS is implementing 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, this final 
rule establishes directed commercial fishing periods and fishing period 
catch limits by vessel size class for the 2023 fishing season. These 
actions are intended to conserve Pacific halibut and provide fishing 
opportunity where available.

DATES: This rule is effective on June 26, 2023.

ADDRESSES: Additional information regarding this action may be obtained 
by contacting the Sustainable Fisheries Division, NMFS West Coast 
Region, 500 W Ocean Blvd., Long Beach, CA 90802. For information 
regarding all halibut fisheries and general regulations not contained 
in this rule, contact the International Pacific Halibut Commission, 
2320 W Commodore Way, Suite 300, Seattle, WA 98199-1287.

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 International 
Pacific Halibut Commission (IPHC), publishes annual management measures 
governing the Pacific halibut fishery that have been recommended by the 
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

[[Page 41335]]

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 metric tons (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).
    On December 5, 2022, NMFS published a final rule that established 
NMFS' authority to issue permits for Area 2A halibut fisheries, as well 
as a regulatory framework for the area 2A directed commercial fishery 
(87 FR 74322). NMFS is implementing the following 2023 harvest 
specifications and management measures for the directed commercial 
fishery based on that regulatory framework.

2023 Directed Commercial Fishing Periods

    Fishing periods are the time during the annual halibut season when 
directed commercial fishing for Pacific halibut is allowed, and may 
span multiple days. Through this final rule NMFS is establishing two 
fishing periods, both of which are 58 hours in length. The first 
fishing period begins on June 27, 2023, at 8 a.m. and closes on June 
29, 2023, at 6 p.m. The second fishing period will occur 2 weeks later, 
beginning on July 11, 2023, at 8 a.m. and closing on July 13, 2023, at 
6 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 (see Table 1). This final rule implements 
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. Vessel limits are determined 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) and used that 
information in determining the vessel limits. If NMFS determines 
fishing period(s) in addition to those 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.), will open on June 27 at 8 a.m. and 
close on June 29 at 6 p.m. and will open July 11 at 8 a.m. and close on 
July 13 at 6 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
------------------------------------------------------------------------
                                                    Fishing period limit
        Vessel class           Length range (feet)        (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...........................                   56+                 6,136
------------------------------------------------------------------------

    NMFS published a proposed rule on April 14, 2023 (88 FR 22992), and 
received no public comments.

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.
    NMFS finds good cause to waive the 30-day delay in the date of 
effectiveness and make the 2023 Area 2A directed commercial fishery 
specifications (i.e., fishing periods and vessel limits) in this rule 
effective in time for the start of the directed commercial Pacific 
halibut fishery on June 27, 2023, pursuant to 5 U.S.C. 553(d)(3). The 
fishery specifications in this rule follow the established framework 
for annual specifications for the IPHC regulatory Area 2A directed 
commercial fishery at 50 CFR 300.63(e). Additionally, the fishing 
periods and fishing period catch limits in this rule are consistent 
with

[[Page 41336]]

how the fishery has been managed by the IPHC in prior years. This final 
rule specifies fishery management measures only for the 2023 directed 
commercial fishery and does not include changes to the codified 
regulations.
    Delaying the effective date of the specifications would be contrary 
to the public interest. A delay in the effectiveness of these measures 
for 30 days would result in the fisheries not opening on their intended 
timelines and on the dates the affected public are expecting--the 
directed commercial fishery season dates and vessel limits are 
consistent with how this fishery has been managed and operated in 
recent years, the framework for which was established through a 
proposed (87 FR 44318; July 26, 2022) and final rulemaking (87 FR 
74322; December 5, 2022), following multiple public meetings of the 
Council and the IPHC where public comments were accepted. If the 
commercial fisheries do not open on their intended timeline, there will 
likely be an opportunity cost for those commercial entities that 
anticipated these fishing dates, causing economic harm. A delay in the 
start of the fishing season may risk the ability to attain the directed 
commercial allocation, potentially affecting the ability for the 
fisheries to attain the overall Area 2A catch limit set by the IPHC.
    Therefore, a delay in effectiveness of the management measures 
would likely cause economic harm to the commercial fisheries. As a 
result of the harm to the commercial fishery that could be caused by 
delaying the effectiveness of these management measures, NMFS finds 
good cause to waive the 30-day delay in the date of effectiveness and 
make the specifications effective upon publication in the Federal 
Register.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was 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 
this action.

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

    Dated: June 15, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-13516 Filed 6-23-23; 8:45 am]
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