[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40417-40419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10185]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240506-0128; 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: Final rule.

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SUMMARY: NMFS is implementing fishing periods and fishing period limits 
for the 2024 Pacific halibut non-tribal directed commercial fishery off 
the West Coast south of Point Chehalis, WA. This action establishes two 
fishing periods, June 25-27 and July 9-11, 2024. NMFS is also 
implementing vessel catch limits applicable to eight vessel size 
classes. These actions are intended to conserve Pacific halibut and 
provide fishing opportunity where available.

DATES: This rule is effective on June 25, 2024.

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 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 (Convention), signed at Ottawa, Ontario, 
on March 2, 1953, as amended by a Protocol Amending the Convention 
(March 29, 1979).
    The Secretary of State, with the concurrence of the Secretary of 
Commerce and on behalf of the United

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States, has accepted regulations recommended by the International 
Pacific Halibut Commission (IPHC), in accordance with the Convention, 
which govern the Pacific halibut fishery in all regulatory areas, and 
include the 2024 catch limit for the Area 2A non-tribal directed 
commercial fishery. The IPHC's Area 2A is located off the coasts of 
Washington, Oregon and California, and includes the area south of Point 
Chehalis, WA, (lat. 46[deg]53.30' N) to the U.S./Mexico border. NMFS 
published the IPHC regulations in the Federal Register on March 18, 
2024 (89 FR 19275) 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).
    In accordance with 16 U.S.C. 773c(c) of the Halibut Act, the 
Pacific Fishery Management Council (Council) developed a catch sharing 
plan (CSP) guiding the framework distribution of the overall Area 2A 
allocation of Pacific halibut across the various sectors. Based on the 
2024 Area 2A fishery constant exploitation yield (FCEY) of 1.47 million 
pounds (667 mt), net weight (i.e., the weight of Pacific halibut that 
is without gills and entrails, head-off, washed, and without ice and 
slime), and the allocation framework in the CSP, the non-tribal 
directed commercial Pacific halibut fishery allocation for 2024 is 
249,338 pounds (113 mt), net weight (89 FR 19275, March 18, 2024).
    This final rule implements annual management measures for 2024 for 
the directed commercial Pacific halibut fishery in Area 2A that are not 
part of the annual IPHC regulations, specifically fishing periods and 
fishing period limits. This final rule adopts, without changes, the 
annual management measures from the proposed rule published on March 
13, 2024 (89 FR 18368). Specifically, this action establishes two 58-
hour fishing periods and four fishing period limits (i.e. vessel catch 
limits) across eight vessel size classes for both fishing periods.

Fishing Periods

    Fishing periods, often referred to as fishery openers, are the 
times during the IPHC coastwide commercial Pacific halibut season when 
fishing in the non-tribal directed commercial Pacific halibut fishery 
in Area 2A is allowed. NMFS is implementing two fishing periods open 
for 58 hours each. The first fishing period will begin on June 25, 
2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT. The 
second fishing period will begin on July 9, 2024, at 8 a.m. PDT and 
close on July 11, 2024, at 6 p.m. PDT.
    Following the initial two fishing periods, NMFS will assess fishery 
harvest and determine if the fishery has attained the non-tribal 
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 consistent with 50 CFR 300.63(e).

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 implementing the 
non-tribal directed commercial fishing period limits shown in table 1 
below. Fishing period 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 associated fishing period limits and any 
such fishing period limits for subsequent fishing periods will be set 
equal across all vessel classes. Any subsequent fishing period limits 
would be announced in the Federal Register through inseason action 
consistent with 50 CFR 300.63(e).

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), will open on June 
25, 2024, at 8 a.m. PDT and close on June 27, 2024, at 6 p.m. PDT, and 
will re-open on July 9, 2024, at 8 a.m. PDT and close on July 11, 2024, 
at 6 p.m. PDT. The fishery's fishing periods 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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                                                                                       Fishing period limit in
                Vessel class                      Length range in feet (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).

Comments and Responses

    NMFS published a proposed rule on March 13, 2024 (89 FR 18368) and 
accepted public comments on the 2024 Area 2A Pacific halibut directed 
commercial fishery annual management measures through April 12, 2024. 
NMFS received one public comment.
    Comment 1: NMFS received a comment from a member of the public 
expressing the opinion that retention of a Pacific halibut weighing 
over 150 pounds should not be allowed.
    Response: Size limits were not within the scope of this action. 
However, NMFS has determined that this action is based on the best 
scientific information available. For 2024, the IPHC adopted a minimum 
size limit for commercial fisheries in its annual management

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measures (89 FR 19275, March 9, 2024). In addition, the IPHC previously 
examined maximum size limits \1\ and is conducting ongoing research 
activities examining factors that influence Pacific halibut biomass. 
Consistent with its statutory and other obligations, NMFS will continue 
to keep abreast of the IPHC's ongoing research and ensure that its 
regulatory actions, including its approval of annual Pacific halibut 
management measures, are based on the best scientific information 
available.
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    \1\ Stewart, I., A. Hicks, and B. Hutniczak. 2020. Evaluation of 
directed commercial fishery size limits in 2020. IPHC-2021-AM097-09.
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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 of the Halibut Act of 1982 (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 Pacific halibut in U.S. Convention waters as long as those 
regulations do not conflict with IPHC regulations.
    This final rule is exempt from review under Executive Order 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 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 final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: May 6, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-10185 Filed 5-9-24; 8:45 am]
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