[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Proposed Rules]
[Pages 18368-18370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240307-0074]
RTID 0648-XD634


Pacific Halibut Fisheries of the West Coast; Management Measures 
for the 2024 Area 2A Pacific Halibut Directed Commercial Fishery

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 implement fishing periods and fishing period 
limits for the 2024 non-tribal directed commercial Pacific halibut 
fishery that operates south of Point Chehalis, WA, (lat. 46[deg]53.30' 
N) in the International Pacific Halibut Commission's regulatory Area 2A 
off Washington, Oregon, and California. The proposed action includes 
two 58-hour fishing periods. The first fishing period would begin at 8 
a.m. Pacific Daylight Time (PDT) on June 25, 2024, and close at 6 p.m. 
PDT on June 27, 2024. The second fishing period would start at 8 a.m. 
PDT on July 9, 2024, and close at 6 p.m. PDT on July 11, 2024. NMFS is 
also proposing four fishing period limits (i.e., vessel catch limits) 
across eight vessel size classes for both fishing periods. These 
actions are intended to conserve Pacific halibut and provide fishing 
opportunity where available.

DATES: Comments must be received by April 12, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0031. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0031, by 
any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0031 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method or received after 
the end of the comment period, may not be considered by NMFS. All 
comments received are a part of the public record and will generally be 
posted for public viewing on https://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 will be publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).
    Docket: This proposed rule is accessible 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 
Pacific Halibut Directed Commercial Fishery website at https://www.fisheries.noaa.gov/action/2024-pacific-halibut-directed-commercial-fishery and at the Council's website at https://www.pcouncil.org. Other 
comments received may be accessed through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region, 
NMFS, (360) 320-6549, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k) 
(Halibut Act) gives the Secretary of Commerce the responsibility of 
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 (Convention), signed at Ottawa, Ontario, 
on March 2, 1953, as amended by a Protocol Amending the Convention 
(March 29, 1979).
    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 
International Pacific Halibut Commission (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).
    The Halibut Act also provides that Regional Fishery Management 
Councils may develop, and the Secretary of Commerce may implement, 
regulations governing Pacific halibut fishing 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

[[Page 18369]]

(Council) developed a catch sharing plan guiding the allocation of 
halibut across the various sectors for the IPHC's regulatory Area 2A.

Fishery Allocation

    At its annual meeting held January 22-26, 2024, the IPHC adopted an 
Area 2A catch limit, called a fishery constant exploitation yield 
(FCEY), of 1.47 million pounds (667 metric tons (mt)), net weight 
(i.e., the weight of Pacific halibut that is without gills and 
entrails, head-off, washed, and without ice and slime) of Pacific 
halibut. Upon acceptance by the Secretary of State, with concurrence 
from the Secretary of Commerce, the fishery allocations adopted by the 
IPHC will be published in the Federal Register, in accordance with 50 
CFR 300.62. The FCEY was derived from the total constant exploitation 
yield (TCEY) of 1.65 million pounds (748 mt), net weight, for Area 2A, 
which includes commercial discards and bycatch projections calculated 
using a formula developed by the IPHC. Based on the FCEY for Area 2A 
and the allocation framework in the Council's catch sharing plan, the 
non-tribal directed commercial fishing allocation is 249,338 pounds 
(113 mt), net weight.

Fishing Periods

    Fishing periods, often referred to as fishery openers, are the time 
during the annual commercial halibut season when fishing for non-tribal 
directed commercial Pacific halibut in Area 2A is allowed. At its 
November 2023 meeting, the Council discussed the 2024 directed 
commercial season structure and recommended that NMFS establish fishing 
periods similar to those in the previous year. Specifically, the 
Council recommended that the directed commercial fishery operate as a 
series of 3-day openings, with the first fishing period beginning at 8 
a.m. Pacific Daylight Time (PDT) on the fourth Tuesday in June and 
ending at 6 p.m. PDT on Thursday of that week, and the second fishing 
period occurring 2 weeks later. The Council also recommended that if 
there is a third fishing period, it should occur no earlier than 3 
weeks after the second fishing period, and that any subsequent fishing 
periods would occur as soon as possible. Based on the Council's 
recommendations, NMFS is proposing to open the 2024 directed commercial 
fishery for 58 hours, beginning on June 25, 2024, at 8 a.m. PDT and 
closing on June 27, 2024, at 6 p.m. PDT. The second fishing period 
would occur 2 weeks later, beginning on July 9, 2024, at 8 a.m. PDT and 
closing on July 11, 2024, at 6 p.m. PDT.
    Following the initial two fishing periods, NMFS will assess fishery 
harvest to date and determine if the fishery has attained the directed 
commercial allocation. If harvest estimates indicate the allocation has 
not been reached, NMFS may determine that subsequent fishing period(s) 
are necessary to attain the allocation. If a third fishing period 
occurs, it would occur no sooner than 3 weeks after the second fishing 
period. A third fishing period, and any subsequent fishing periods 
would be announced in the Federal Register through inseason action.

Fishing Period Limits

    A fishing period limit, also called a vessel catch 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, shown in table 1 below, based on the 
2024 directed fishery allocation, the number of permits issued by 
vessel size class, and participation and catch rates from prior years.
    For the 2024 fishing season, NMFS received 185 applications across 
8 vessel size classes (A-H). Based on this number of permits and past 
fishery participation, NMFS anticipates similar vessel participation as 
has occurred in previous years. Therefore, NMFS is proposing that 
fishing period limits be grouped the same way as was done in previous 
years.
    Although the directed commercial allocation for 2024 is similar to 
the allocations for the previous 3 years, the average catch per vessel 
increased in 2023. Therefore, NMFS is proposing reduced fishing period 
limits compared to the previous 3 years. These fishing period catch 
limits are intended to ensure that the Area 2A directed commercial 
fishery does not exceed its allocation, while also providing fair and 
equitable access across participants to an attainable amount of 
harvest.
    If NMFS determines that more than two fishing periods are 
warranted, NMFS will set new fishing period limits and will set the 
fishing period limits for subsequent fishing periods equal across all 
vessel classes through inseason action.

2024 Non-Tribal Directed Commercial Fishery Fishing Periods and Fishing 
Period Limits

    The Area 2A non-tribal directed commercial fishery, which occurs 
south of Point Chehalis, WA, (lat. 46[deg]53.30' N) would open on June 
25, 2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT and 
would re-open July 9, 2024, at 8 a.m. PDT and close on July 11, 2024, 
at 6 p.m. PDT. The fishery may be adjusted inseason consistent with 50 
CFR 300.63.

    Table 1--Fishing Period Limits by Size Class for the 2024 First and Second Fishing Periods of the Area 2A
                             Pacific Halibut Non-Tribal Directed Commercial Fishery
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                                                                  Length range in feet   Fishing period limit in
                         Vessel class                                   (meters)               pounds (mt)
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A.............................................................           1-25 (0.3-7.8)           1,800 (0.8164)
B.............................................................          26-30 (7.9-9.3)           1,800 (0.8164)
C.............................................................         31-35 (9.4-10.9)           1,800 (0.8164)
D.............................................................        36-40 (11.0-12.4)            3,000 (1.361)
E.............................................................        41-45 (12.5-13.9)            3,000 (1.361)
F.............................................................        46-50 (14.0-15.4)            3,800 (1.724)
G.............................................................        51-55 (15.5-16.9)            3,800 (1.724)
H.............................................................              56+ (17.0+)            4,500 (2.041)
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Note: Fishing period limits are in dressed weight (head-on, with ice and slime).


[[Page 18370]]

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 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. Such regulations shall only be implemented with the 
approval of the Secretary.
    This proposed rule is exempt from the procedures of E.O. 12866 
because this action contains no implementing regulations.
    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 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 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 $11 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 2024 Area 2A 
non-tribal directed commercial fishery fishing periods and fishing 
period limits.
    There are no large entities involved in Pacific halibut fisheries 
off the West Coast. In 2023, NMFS issued 148 licenses to the commercial 
fishing fleet for the Area 2A non-tribal directed commercial fishery. 
Of those 148 vessels that obtained licenses, 50 percent (74 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 2023, the non-tribal directed allocation was 257,819 pounds (117 
mt), of which approximately 259,226 pounds (118 mt) of Pacific halibut 
were harvested and resulted in a total fishery ex-vessel value of 
approximately $2.36 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 Pacific halibut management on small entities is 
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 2024 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. Profitability is 
largely based on the total 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 affect the profitability of the commercial fishery.
    The Area 2A non-tribal directed commercial fishery allocation for 
2024 is 249,338 pounds (113 mt), net weight, which is 3 percent lower 
than in 2023. 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. Profitability 
is dependent on the total amount of allocation available and market 
forces independent of this action. It is therefore highly unlikely that 
this proposed action would limit the fleet's potential profitability 
from catching halibut compared to last season or recent catch levels, 
as fishing periods and fishing period catch limits for 2024 are set 
using similar considerations as in previous years. 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 proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: March 7, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-05289 Filed 3-12-24; 8:45 am]
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