[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18827-18834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07536]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 131213999-4281-02]
RIN 0648-BD82
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Assistant Administrator (AA) for Fisheries, National
Oceanic and Atmospheric Administration (NOAA), announces approval of
the Area 2A (waters off the U.S. West Coast) Catch Sharing Plan (Plan),
with modifications recommended by the Pacific Fishery Management
Council (Council), and implementing regulations for 2014. These actions
are intended to enhance the conservation of Pacific halibut and further
the goals and objectives of the Council. The regulations of the
International Pacific Halibut Commission (IPHC) were published on March
12, 2014 and the sport fishing management measures in this rule are an
additional subsection of those regulations.
DATES: This rule is effective April 1, 2014. The 2014 management
measures are effective until superseded.
ADDRESSES: Additional requests for information regarding this action
may be obtained by contacting the Sustainable Fisheries Division, NMFS
West Coast Region, 7600 Sand Point Way NE., Seattle, WA 98115. 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.
This final rule also is accessible via the Internet at the Federal
eRulemaking portal at http://www.regulations.gov, identified by NOAA-
NMFS-2014-0009, or at the Office of the Federal Register Web site at
http://www.access.gpo.gov/su_docs/aces/aces140.html. Background
information and documents are available at the NMFS West Coast Region
Web site at http://
[[Page 18828]]
www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_
halibut_management.html and at the Council's Web site at http://www.pcouncil.org. Electronic copies of the Final Regulatory Flexibility
Analysis (FRFA) prepared for this action may be obtained from http://www.regulations.gov or from the West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html.
FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646, email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The IPHC has promulgated regulations governing the Pacific halibut
fishery in 2014, 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). Pursuant to the Northern
Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the
Secretary of State accepted the 2014 IPHC regulations as provided by
the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C.
773-773k. NMFS published these regulations on March 12, 2014 (79 FR
13906).
The Halibut Act provides that the Regional Fishery Management
Councils may develop, and the Secretary 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. To that end, the Council has adopted a Catch Sharing Plan
(Plan) allocating halibut among groups of fishermen in Area 2A, which
is off the coasts of Washington, Oregon, and California. The Plan
allocates the Area 2A catch limit among treaty Indian and non-Indian
commercial and sport harvesters. The treaty Indian group includes
tribal commercial, tribal ceremonial, and subsistence fisheries. From
1988 through 1994, the Council recommended and NMFS implemented annual
Catch Sharing Plans. In 1995, the Council recommended and NMFS approved
and implemented a long-term Catch Sharing Plan (60 FR 14651; March 20,
1995, as amended by 61 FR 35548). In each of the intervening years
between 1995 and the present, the Council has recommended and NMFS has
approved minor revisions to the Plan to adjust for the changing needs
of the fisheries, in accordance with 50 CFR 300.62. NMFS implements the
allocation scheme in the Plan through annual regulations for Area 2A.
The proposed rule describing the changes the Council recommended to the
Plan and resulting proposed Area 2A regulations for 2014 was published
on February 6, 2014 (79 FR 7156).
In previous years, NMFS has published a final rule that includes
both the annual management measures for Area 2A and the IPHC
regulations. For 2014, NMFS determined that analyses necessary to
support the Area 2A regulations could not be completed in time for
publication of a final rule including both Area 2A and IPHC regulations
prior to the start of halibut fisheries in Alaska and the treaty Indian
fisheries in Area 2A. Therefore, NMFS published the IPHC regulations on
March 12, 2014 (79 FR 13906). Consequently, this final rule contains
only regulations implementing the Plan in Area 2A. The IPHC regulations
apply to commercial and treaty Indian fisheries in Area 2A; therefore
anyone wishing to fish for halibut in Area 2A should read both this
final rule and the March 12, 2014 rule on the Federal Register that
includes the IPHC regulations.
Changes to the Pacific Fishery Management Council's Area 2A Catch
Sharing Plan
This final rule approves several Council-recommended changes to the
Pacific Fishery Management Council's Area 2A Plan, and implements the
Plan through annual management measures. For 2014, the Council has
recommended, and NMFS has included in this final rule, several changes
to the recreational fishery in the South of Humbug Mountain subarea in
order to address a pattern of quota exceedances in this subarea. The
Council recommendation splits the existing subarea, which includes
portions of both southern Oregon and northern California, into two
state-specific subareas. This change will allow each state to use the
most effective available management tools to keep the catch within
their respective quotas. The existing Oregon/California sport fishery
allocation of 31.7 percent of the non-tribal allocation is split into a
1 percent California sport fishery allocation and a 30.7 percent Oregon
sport fishery allocation. The Council's South of Humbug Policy
committee recommended lowering the projected catch in the South of
Humbug area by 40 to 60 percent to begin a stepwise process to bring
the catches within the quota. Therefore, the new California subarea
would be open to fishing from May-July and September-October, with the
month of August closed as a quota management measure. The State of
Oregon would monitor and manage the Southern Oregon subarea in season
to avoid exceeding the quota.
Most of these changes did not generate controversy at the relevant
Council meetings. Some members of the public testified against the
August closure in the California subarea on the basis that this would
reduce income in the affected ports. The Council formed the South of
Humbug Mountain workgroup to examine the effect of various management
measures on catches in the South of Humbug Mountain area. The Council
also formed the South of Humbug Policy committee to consider the
workgroup analysis and make recommendations for management measure
changes to reduce catch in this area. The Policy committee ultimately
recommended reducing catch in this area by 40 to 60 percent. Based on
analysis presented by the workgroup at the September 2013 meeting, the
Council determined that this was the best available measure to begin a
stepwise process for lowering the projected catch in this area by 40 to
60 percent as recommended by the policy committee. These changes are
expected to result in minimal environmental impacts, and should reduce
the catch in the area south of Humbug Mountain compared to the last
several years.
Additionally for 2014, the Council has recommended several minor
changes to the Plan that would: (1) Change the deadline for applying
for IPHC licenses for incidental halibut retention in the salmon troll
and sablefish fisheries to accommodate earlier start dates for such
retention; (2) eliminate the nearshore fishery in the Washington North
Coast subarea, as the quota in this subarea is generally used entirely
by the all depth fishery; (3) modify the season dates and create a
nearshore fishery in the Columbia River subarea to create additional
opportunity in this underutilized area; (4) modify the public input
provisions for the Oregon central coast subarea to allow the State to
use methods other than workshops to obtain public input; and (5) modify
the Oregon central coast subarea nearshore fishery dates. This rule
also adopts the annual domestic management measures for Area 2A.
Changes to these management measures from 2013 are necessary to
implement the IPHC's decision regarding the Area 2A Total Allowable
Catch (TAC) and the above-described changes to the Catch Sharing Plan.
[[Page 18829]]
Incidental Halibut Retention in the Sablefish Primary Fishery North of
Pt. Chehalis, Washington and the Salmon Troll Fishery Along the West
Coast
The Plan provides that incidental halibut retention in the
sablefish primary fishery north of Pt. Chehalis, Washington, will be
allowed when the Area 2A TAC is greater than 900,000 lb (408.2 mt),
provided that a minimum of 10,000 lb (4.5 mt) is available above a
Washington recreational TAC of 214,100 lb (97.1 mt). In 2014, the TAC
is 960,000 lb (435.4 mt); therefore, the allocation for incidental
halibut retention in the sablefish fishery is 14,274 lb (6.47 mt).
Landing restrictions were recommended by the Council at its March 8-13,
2014, meeting. NMFS will publish the restrictions in a future final
rule in the Federal Register.
The Plan allocates 15 percent of the non-Indian commercial TAC to
the salmon troll fishery in Area 2A. For 2014 that allocation is 29,671
lb (13.46 mt).
Comments and Responses
NMFS accepted comments through February 21, 2014, on the proposed
rule for the Area 2A Plan and annual management measures and received
29 public comment letters: One comment letter each from Washington
Department of Fish and Wildlife (WDFW) and Oregon Department of Fish
and Wildlife (ODFW) recommending season dates for halibut sport
fisheries in each state, one letter from the Council correcting the
Plan language and resulting allocations for the Oregon subareas and
correcting a season opening date in the Washington North Coast subarea,
one letter from an individual commenting on treaty rights, and 25
letters regarding halibut fishing off California.
Comment 1: The WDFW held a public meeting following the IPHC's
final 2014 TAC decisions to review the results of the 2013 Puget Sound
halibut fishery, and to develop season dates for the 2014 sport halibut
fishery. Based on the 2014 Area 2A TAC of 960,000 lb (435.4 mt), the
halibut quota for the Puget Sound sport fishery is 57,393 lb (26 mt).
Because the catch in this area has exceeded the quota in recent years,
WDFW has recommended a shorter season for 2014, even though the
allocation to the Puget Sound subarea is the same as 2013. Within the
Puget Sound sport halibut fishery, WDFW recommends the following dates:
In the Eastern Region open May 9, 10, and 17; May 22-25 (Thu-Sun); May
29-31 (Thu-Sun); and Saturday, June 7. In the Western Region open May
22-25 (Thu-Sun); May 29-31 (Thu-Sun); and Saturday, June 7.
Response: NMFS agrees with WDFW's recommended Puget Sound season
dates. These dates will help keep this area within its quota, while
providing for angler enjoyment and participation. Therefore, NMFS
implements the dates for this subarea as stated above, in this final
rule.
Comment 2: ODFW received public comments on Oregon halibut
fisheries through a public meeting and an online survey following the
final TAC decision by the IPHC. In the Central Coast subarea, ODFW
recommends the following days for the spring fishery, within this
subarea's parameters, for a Thursday-Saturday season and with weeks of
adverse tidal conditions skipped: Regular open days May 8-10, May 22-
24, June 5-7, and June 19-21. Back-up dates will be July 3-5, July 17-
19, and July 31. For the summer fishery in this subarea, ODFW
recommends following the Plan's parameters of opening the first Friday
in August, with open days to occur every other Friday-Saturday, unless
modified in-season within the parameters of the Plan. Under the Plan,
the 2014 summer all-depth fishery in Oregon's Central Coast Subarea
occurs: August 1, 2; 15, 16; 29, 30; September 12, 13; 26, 27; October
10, 11; and 24, 25.
Additionally, ODFW pointed out that the Catch Sharing Plan
language, as transmitted to NMFS by the Council, incorrectly described
the intended source of the allocation to the new Southern Oregon
subarea as the Spring all-depth allocation rather than the Central
Coast allocation. Therefore, the proposed rule incorrectly listed the
allocation amounts to the Central coast subarea spring fishery and the
Southern Oregon subarea. The Council submitted corrected Plan language
in their comment letter, as described below. ODFW supports the
Council's letter correctly describing the allocations.
Response: NMFS agrees with ODFW's recommended Central Coast season
dates. These dates will help keep this area within its quota, while
providing for angler enjoyment and participation. Therefore, NMFS
implements the dates in this final rule. NMFS also agrees with ODFWs
clarification for the Central coast subarea and Southern Oregon subarea
allocations and implements the corrected allocations in this final
rule.
Comment 3: The Pacific Fishery Management Council submitted a
letter describing the incorrect Plan language for the Southern Oregon
allocation and an incorrect date in the proposed rule for the
Washington North Coast subarea. While the intended source of the
allocation for the Southern Oregon subarea was correctly described the
ODFW report before the Council, it was incorrectly described in Plan
language included in that report and transmitted to NMFS after the
Council made its final recommendation. The Southern Oregon subarea
should be allocated 2 percent of the Central Coast subarea allocation,
as was stated in the ODFW report and in the final motion as approved by
the Council, and not allocated an amount from the Central Coast spring
fishery as described in the proposed rule.
Response: NMFS supports the Council's corrected Plan language as
submitted because this language accurately reflects the Council's final
motion. NMFS also makes the correction to the Washington North Coast
subarea date as described in this final rule.
Comment 4: Several commenters requested NMFS delay the
implementation of the Council's recommended August closure in the newly
created California subarea. Several commenters stated that fishing has
improved each year and there is no evidence that halibut is overfished
in Northern California. Several commenters stated that the decision to
close the month of August is no longer necessary because the IPHC
survey results for 2013 showed there was 100,000 lbs of exploitable
biomass off Northern California that was previously undetected, and
that this closure will cause unnecessary economic hardship to
recreational anglers.
Response: NMFS agrees that catches in northern California have
increased over the last several years and that halibut are being
managed at a sustainable level, but NMFS does not agree that this makes
the August closure in the California subarea unnecessary. We believe
the increase in catches means more information is needed about the
relative abundance of halibut, not that the allocation should be
increased at this time or that the August closure should be delayed.
While more information is being gathered through repeated stock
assessment surveys it is necessary to manage the California subarea to
its allocation, similar to all other areas. A Council workgroup
analyzed Plan changes that would reduce projected catch in California
by 40 to 60 percent, relative to the most recent 5 year average, in
order to manage this fishery in a manner more consistent with the
allocation framework. The analysis showed that even with a reduction of
this magnitude, catch in this area is projected to exceed the
allocation. However, NMFS believes this management action to close the
[[Page 18830]]
recreational halibut fishery during the month of August is a good first
step in attempting to manage this area in a manner more consistent with
the allocation, while additional stock assessment surveys are conducted
to help determine relative abundance of the halibut resource in
California. Following the Council's South of Humbug workgroup's
analysis, CDFW recommended closing the recreational halibut fishery
during August as the best way to achieve the targeted reduction. Other
alternatives were analyzed and considered, but they did not result in a
season structure that reduced projected catch to the target level while
still providing some fishing opportunity.
By way of comparison, subareas in Washington and Oregon have also
seen recreational fisheries attain their subarea quotas at faster rates
than anticipated. In those cases, inseason management action was taken
to control catch and manage in a manner consistent with the
allocations. Not implementing the August closure in California for 2014
would result in a harvest much greater than the allocation. NMFS
believes it is important to manage the halibut resource in a manner
consistent with the Area 2A Catch Sharing Plan. The Council did not
recommend a change in the allocations for Area 2A, and until
allocations are changed, there is a need to manage this fishery to stay
within the overall allocation and subarea allocations.
Regarding the results of the IPHC survey, NMFS believes the
commenters misunderstand the implications of the IPHC apportionment and
survey results. NMFS acknowledges that in an IPHC presentation from the
Interim Meeting, there is a 100,000 lbs difference between the Fishery
Constant Exploitation Yield values listed for Area 2A when the expanded
survey in 2013 is included and when it is not. However, NMFS does not
agree that this means there is simply 100,000 lbs of halibut now
available for harvest in California; rather, the survey results show
that Area 2A represented a larger portion of the total coastwide
halibut biomass. NMFS also disagrees that this makes the August closure
unnecessary. 2013 was the first year the IPHC survey operated in
Northern California, which is not enough time to show trends in
abundance in this area or to delay management changes necessary to
address several years of quota exceedences. The IPHC is planning to
repeat the northern California survey areas in 2014 and in additional
stations at shallow and deeper depths. NMFS believes information
gathered from the continuing survey will guide any further discussions
relative to halibut abundance.
NMFS understands that closure of the directed recreational halibut
fishery in August may have economic impacts on businesses that rely on
halibut. However, this fishery restriction is necessary to
significantly reduce catch and manage the fishery in a manner more
consistent with the current allocation.
Comment 5: The allocation to the California recreational fishery
should be increased to a more appropriate level to reflect the
abundance of Pacific halibut off the California coast.
Response: As discussed above, the IPHC conducts an annual stock
assessment survey in Area 2A. In 2013, the survey was expanded into
Northern California, providing some initial information on halibut
abundance in the area. The IPHC has recently announced the expansion of
the survey into new areas including areas south of the southern extent
of the 2013 survey and shallower and deeper depths for 2014. Survey
results will help inform any discussions the Council may have on Plan
changes. The Council annually addresses changes to the Plan. NMFS
believes the current allocations are appropriate, given the information
available. Implementing the Plan, as recommended by the Council, is the
best strategy for sustainable management of the halibut resource in
Area 2A.
Comment 6: Several comments stated National Standards 2 and 4 are
designed to require the Council and NMFS to use the best available
science and to allocate fish equitably among different state residents.
Response: While the regulations in this rule are not subject to the
National Standards of the Magnuson Stevens Act, the halibut TAC
decision is made after the IPHC Commissioners have considered the best
available science as presented by the IPHC through stock assessment
models, which are informed by the annual survey. As for National
Standard 4, the Plan and any changes are discussed through the Council,
which has representatives from Washington, Oregon, California, and
Idaho. Further, the Council hears advice from advisory bodies composed
of industry representatives from all three states and Plan changes go
through a two meeting process with time for the public to comment on
any concerns regarding those changes. Plan changes are implemented for
the benefit of all citizens.
Comment 7: Treaty rights should be ended, they are divisive and
serve no purpose.
Response: This comment is beyond the scope of this final rule and
NMFS' authority. The Plan allocates 35% of the Area 2A TAC to the
Tribes with treaty rights to fish for halibut. This allocation is
consistent with the treaties and caselaw interpreting those treaties,
which are federal law that govern the actions of NOAA.
Changes From the Proposed Rule
On February 6, 2014, NMFS published a proposed rule to modify the
Plan and recreational management measures for Area 2A (79 FR 7156). The
provisions in the proposed rule were based on the final 2A TAC of
960,000 lb. The main changes in this final rule are to add dates for
sport fisheries that were not listed in the proposed rule and update
the allocations to the Southern Oregon and Central Coast subareas. The
proposed rule did not contain final season dates because the states do
not submit their final season date recommendations until the final TAC
decision is made by the IPHC and the states have held their public
meetings. Additionally, this rule increases the Southern Oregon subarea
allocation and decreases the Central Coast allocation to match the
appropriate Plan allocations, as described in the Comments and
Responses section above; neither change affects any other subareas.
Finally, one minor change is made to the Washington North Coast subarea
dates to correct the error in the proposed rule identified in the
Council's comment letter. There are no other substantive changes from
the proposed rule.
Annual Halibut Management Measures
The sport fishing regulations for Area 2A, included in paragraph 26
below, are consistent with the measures adopted by the IPHC and
approved by the Secretary of State, but were developed by the Pacific
Fishery Management Council and promulgated by the United States under
the Halibut Act. Section 26 refers to a section that is in addition to
and corresponds to the numbering in the IPHC regulations published on
March 12, 2014 (79 FR 13906).
26. Sport Fishing for Halibut--Area 2A
(1) The total allowable catch of halibut shall be limited to:
(a) 214,110 pounds (97.1 metric tons) net weight in waters off
Washington; and
(b) 197,808 pounds (89.7 metric tons) net weight in waters off
California and Oregon.
[[Page 18831]]
(2) The Commission shall determine and announce closing dates to
the public for any area in which the catch limits promulgated by NMFS
are estimated to have been taken.
(3) When the Commission has determined that a subquota under
paragraph (8) of this section is estimated to have been taken, and has
announced a date on which the season will close, no person shall sport
fish for halibut in that area after that date for the rest of the year,
unless a reopening of that area for sport halibut fishing is scheduled
in accordance with the Catch Sharing Plan for Area 2A, or announced by
the Commission.
(4) In California, Oregon, or Washington, no person shall fillet,
mutilate, or otherwise disfigure a halibut in any manner that prevents
the determination of minimum size or the number of fish caught,
possessed, or landed.
(5) The possession limit on a vessel for halibut in the waters off
the coast of Washington is the same as the daily bag limit. The
possession limit on land in Washington for halibut caught in U.S.
waters off the coast of Washington is two halibut.
(6) The possession limit on a vessel for halibut caught in the
waters off the coast of Oregon is the same as the daily bag limit. The
possession limit for halibut on land in Oregon is three daily bag
limits.
(7) The possession limit on a vessel for halibut caught in the
waters off the coast of California is one halibut. The possession limit
for halibut on land in California is one halibut.
(8) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits are as follows, except as modified under the in-season
actions in 50 CFR 300.63(c). All sport fishing in Area 2A is managed on
a ``port of landing'' basis, whereby any halibut landed into a port
counts toward the quota for the area in which that port is located, and
the regulations governing the area of landing apply, regardless of the
specific area of catch.
(a) The area in Puget Sound and the U.S. waters in the Strait of
Juan de Fuca, east of a line extending from 48[deg]17.30' N. lat.,
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70'
W. long., is not managed in-season relative to its quota. This area is
managed by setting a season that is projected to result in a catch of
57,393 lbs (26 mt).
(i) The fishing season in eastern Puget Sound (east of
123[deg]49.50' W. long., Low Point) is May 9, 10, and 17; May 22-25
(Thu-Sun); May 29-31; and Saturday, June 7. The fishing season in
western Puget Sound (west of 123[deg]49.50' W. long., Low Point) is
open May 22-25 (Thu-Sun); May 29-31; and Saturday, June 7.
(ii) The daily bag limit is one halibut of any size per day per
person.
(b) The quota for landings into ports in the area off the north
Washington coast, west of the line described in paragraph (2)(a) of
section 26 and north of the Queets River (47[deg]31.70' N. lat.), is
108,030 (49 mt).
(i) The fishing seasons are:
(A) Commencing on May 15 and continuing 2 days a week (Thursday and
Saturday) until 108,030 (49 mt) are estimated to have been taken and
the season is closed by the Commission, or until May 24.
(B) If sufficient quota remains the fishery will reopen on June 5
and/or June 7, continuing 2 days per week (Thursday and Saturday) until
there is not sufficient quota for another full day of fishing and the
area is closed by the Commission. After May 24, any fishery opening
will be announced on the NMFS hotline at 800-662-9825. No halibut
fishing will be allowed after May 24 unless the date is announced on
the NMFS hotline.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Recreational fishing for groundfish and halibut is prohibited
within the North Coast Recreational Yelloweye Rockfish Conservation
Area (YRCA). It is unlawful for recreational fishing vessels to take
and retain, possess, or land halibut taken with recreational gear
within the North Coast Recreational YRCA. A vessel fishing in the North
Coast Recreational YRCA may not be in possession of any halibut.
Recreational vessels may transit through the North Coast Recreational
YRCA with or without halibut on board. The North Coast Recreational
YRCA is a C-shaped area off the northern Washington coast intended to
protect yelloweye rockfish. The North Coast Recreational YRCA is
defined in groundfish regulations at Sec. 660.70(a).
(c) The quota for landings into ports in the area between the
Queets River, WA (47[deg]31.70' N. lat.), and Leadbetter Point, WA
(46[deg]38.17' N. lat.), is 42,739 lb (19.39 mt).
(i) This subarea is divided between the all-waters fishery (the
Washington South coast primary fishery), and the incidental nearshore
fishery in the area from 47[deg]31.70' N. lat. south to 46[deg]58.00'
N. lat. and east of a boundary line approximating the 30 fm depth
contour. This area is defined by straight lines connecting all of the
following points in the order stated as described by the following
coordinates (the Washington South coast, northern nearshore area):
(1) 47[deg]31.70' N. lat, 124[deg]37.03' W. long;
(2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
(3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
(4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
The south coast subarea quota will be allocated as follows: 40,739
lb (18.48 mt) for the primary fishery and 2,000 lb (0.9 mt) for the
nearshore fishery. The primary fishery commences on May 4, and
continues 2 days a week (Sunday and Tuesday) until May 20. If the
primary quota is projected to be obtained sooner than expected, the
management closure may occur earlier. Beginning on June 1 the primary
fishery will be open at most 2 days per week (Sunday and/or Tuesday)
until the quota for the south coast subarea primary fishery is taken
and the season is closed by the Commission, or until September 30,
whichever is earlier. The fishing season in the nearshore area
commences on May 4, and continues 7 days per week. Subsequent to
closure of the primary fishery the nearshore fishery is open 7 days per
week, until 42,739 lb (19.39 mt) is projected to be taken by the two
fisheries combined and the fishery is closed by the Commission or
September 30, whichever is earlier. If the fishery is closed prior to
September 30, and there is insufficient quota remaining to reopen the
northern nearshore area for another fishing day, then any remaining
quota may be transferred in-season to another Washington coastal
subarea by NMFS via an update to the recreational halibut hotline.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Seaward of the boundary line approximating the 30-fm (55 m)
depth contour and during days open to the primary fishery, lingcod may
be taken, retained and possessed when allowed by groundfish regulations
at 50 CFR 660.360, subpart G.
(iv) Recreational fishing for groundfish and halibut is prohibited
within the South Coast Recreational YRCA and Westport Offshore YRCA. It
is unlawful for recreational fishing vessels to take and retain,
possess, or land halibut taken with recreational gear within the South
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not
be in possession of any halibut. Recreational vessels may transit
through the South Coast Recreational YRCA and Westport Offshore YRCA
with or without halibut on board. The South Coast Recreational YRCA and
Westport Offshore YRCA are areas off the southern Washington coast
established to protect yelloweye
[[Page 18832]]
rockfish. The South Coast Recreational YRCA is defined at 50 CFR
660.70(d). The Westport Offshore YRCA is defined at 50 CFR 660.70(e).
(d) The quota for landings into ports in the area between
Leadbetter Point, WA (46[deg]38.17' N. lat.), and Cape Falcon, OR
(45[deg]46.00' N. lat.), is 11,895 lb (5.4 mt).
(i) This subarea is divided into an all-depth fishery and a
nearshore fishery. The nearshore fishery is allocated 10 percent or
1,500 pounds of the subarea allocation, whichever is less. The
nearshore fishery is restricted to the area shoreward of the boundary
line approximating the 30 fm (55 m) depth contour from Leadbetter Point
to the Washington/Oregon border and the boundary line approximating the
40 fm (73 m) depth contour in Oregon. The nearshore fishery opens May
5, and continues 3 days per week (Monday-Wednesday) until the nearshore
allocation is taken, or September 30, whichever is earlier. The all
depth fishing season commences on May 1, and continues 4 days a week
(Thursday-Sunday) until 8,564 lb (3.8 mt) are estimated to have been
taken and the season is closed by the Commission, whichever is earlier.
The fishery will reopen on August 7 and continue 4 days a week
(Thursday-Sunday) until 2,141 lb (0.97 mt) has been taken and the
season is closed by the Commission, or until September 30, whichever is
earlier. Subsequent to this closure, if there is quota remaining in the
Columbia River subarea, but it is insufficient for another fishing day,
then any remaining quota may be transferred inseason to another
Washington and/or Oregon subarea by NMFS via an update to the
recreational halibut hotline. Any remaining quota would be transferred
to each state in proportion to its contribution.
(ii) The daily bag limit is one halibut of any size per day per
person.
(iii) Pacific Coast groundfish may not be taken and retained,
possessed or landed, except sablefish and Pacific cod when allowed by
Pacific Coast groundfish regulations, when halibut are on board the
vessel, during days open to the all depth fishery only.
(iv) Taking, retaining, possessing or landing halibut on groundfish
trips is only allowed in the nearshore area on days not open to all-
depth Pacific halibut fisheries.
(e) The quota for landings into ports in the area off Oregon
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain
(42[deg]40.50' N. lat.), is 185,621 lb (84.2 mt).
(i) The fishing seasons are:
(A) The first season (the ``inside 40-fm'' fishery) commences July
1, and continues 7 days a week, in the area shoreward of a boundary
line approximating the 40-fm (73-m) depth contour, or until the sub-
quota for the central Oregon ``inside 40-fm'' fishery of 22,274 lb
(10.1 mt), or any in-season revised subquota, is estimated to have been
taken and the season is closed by the Commission, whichever is earlier.
The boundary line approximating the 40-fm (73-m) depth contour between
45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is defined at Sec.
660.71(k).
(B) The second season (spring season), which is for the ``all-
depth'' fishery, is open May 8-10, May 22-24, June 5-7, and June 19-21.
The projected catch for this season is 113,229 lb (51.3 mt). If
sufficient unharvested quota remains for additional fishing days, the
season will re-open. Depending on the amount of unharvested quota
available, the potential season re-opening dates will be: July 3-5,
July 17-19, and July 31. If NMFS decides inseason to allow fishing on
any of these re-opening dates, notice of the re-opening will be
announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. No
halibut fishing will be allowed on the re-opening dates unless the date
is announced on the NMFS hotline.
(C) If sufficient unharvested quota remains, the third season
(summer season), which is for the ``all-depth'' fishery, will be open
August 1, 2; 15, 16; 29, 30; September 12, 13; 26, 27; October 10, 11;
and 24, 25; or until the combined spring season and summer season
quotas in the area between Cape Falcon and Humbug Mountain, OR, are
estimated to have been taken and the area is closed by the Commission,
or October 31, whichever is earlier. NMFS will announce on the NMFS
hotline in July whether the fishery will re-open for the summer season
in August. No halibut fishing will be allowed in the summer season
fishery unless the dates are announced on the NMFS hotline. Additional
fishing days may be opened if sufficient quota remains after the last
day of the first scheduled open period on August 1, 2014. If, after
this date, an amount greater than or equal to 60,000 lb (27.2 mt)
remains in the combined all-depth and inside 40-fm (73-m) quota, the
fishery may re-open every Friday and Saturday, beginning August 8 and
ending October 31. If after September 1, an amount greater than or
equal to 30,000 lb (13.6 mt) remains in the combined all-depth and
inside 40-fm (73-m) quota, and the fishery is not already open every
Friday and Saturday, the fishery may re-open every Friday and Saturday,
beginning September 5 and 6, and ending October 31. After September 1,
the bag limit may be increased to two fish of any size per person, per
day. NMFS will announce on the NMFS hotline whether the summer all-
depth fishery will be open on such additional fishing days, what days
the fishery will be open and what the bag limit is.
(ii) The daily bag limit is one halibut of any size per day per
person, unless otherwise specified. NMFS will announce on the NMFS
hotline any bag limit changes.
(iii) During days open to all-depth halibut fishing, no Pacific
Coast groundfish may be taken and retained, possessed or landed, except
sablefish and Pacific cod, when allowed by Pacific Coast groundfish
regulations, if halibut are on board the vessel.
(iv) When the all-depth halibut fishery is closed and halibut
fishing is permitted only shoreward of a boundary line approximating
the 40-fm (73-m) depth contour, halibut possession and retention by
vessels operating seaward of a boundary line approximating the 40-fm
(73-m) depth contour is prohibited.
(v) Recreational fishing for groundfish and halibut is prohibited
within the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land halibut taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not possess any halibut. Recreational
vessels may transit through the Stonewall Bank YRCA with or without
halibut on board. The Stonewall Bank YRCA is an area off central
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish.
The Stonewall Bank YRCA is defined at Sec. 660.70(f).
(f) The quota for landings into ports in the area south of Humbug
Mountain, OR (42[deg]40.50' N. lat.) to the Oregon/California Border
(42[deg]00.00' N. lat.) is 3,712 lb (1.68 mt).
(i) The fishing season commences on May 1, and continues 7 days per
week until the subquota is taken, or October 31, whichever is earlier.
(ii) The daily bag limit is one halibut per person with no size
limit.
(g) The quota for landings into ports south of the Oregon/
California Border (42[deg]00.00' N. lat.) and along the California
coast is 6,240 lb (2.8 mt).
(i) The fishing season will be open May 1 through July 31, 7 days a
week and September 1 through October 31, 7 days per week.
(ii) The daily bag limit is one halibut of any size per day per
person.
[[Page 18833]]
Classification
Section 5 of the Northern Pacific 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 halibut in U.S. Convention waters as long as
those regulations do not conflict with IPHC regulations. This action is
consistent with the Pacific Council's authority to allocate halibut
catches among fishery participants in the waters in and off the U.S.
West Coast.
This action has been determined to be not significant for purposes
of Executive Order 12866.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) in
association with the proposed rule for the 2014 Area 2A Catch Sharing
Plan. The final regulatory flexibility analysis (FRFA) incorporates the
IRFA, a summary of the significant issues raised by the public comments
in response to the IRFA, if any, and NMFS' responses to those comments,
and a summary of the analyses completed to support the action. NMFS
received no comments on the IRFA. A copy of the FRFA is available from
the NMFS West Coast Region (see ADDRESSES) and a summary of the FRFA
follows.
The main management objective for the Pacific halibut fishery in
Area 2A is to manage fisheries to remain within the TAC for Area 2A,
while also allowing each commercial, recreational (sport), and tribal
fishery to target halibut in the manner that is appropriate to meet
both the conservation requirements for species that co-occur with
Pacific halibut and the needs of fishery participants in particular
fisheries and fishing areas. The changes to the Plan are described
above.
Under the Regulatory Flexibility Act (RFA), NMFS must identify the
small entities impacted by this rule, describe the impact, and describe
any alternative actions considered. This action will affect fishing
entities, including commercial and charter or party boats, and towns or
communities in the fishing areas. Under the Small Business
Administration's (SBA) regulations implementing the RFA, a fishing
entity is considered ``small'' if it has gross annual receipts of less
than $19.0 million. A governmental jurisdiction (i.e., town or
community) is considered a small entity if it has fewer than 50,000
people. For marinas and charter or party boats, a small business is one
with annual receipts not in excess of $7.0 million. Although many small
and large nonprofit enterprises track fisheries management issues on
the West Coast, the changes to the Plan and annual management measures
will not directly affect those enterprises. Similarly, although many
fishing communities are small governmental jurisdictions, no direct
regulations for those governmental jurisdictions will result from this
rule. However, charter boat operations and participants in the non-
treaty directed commercial fishery off the coast of Washington, Oregon,
and California, are small businesses that are directly regulated by
this rule. These businesses are vessels that are issued IPHC licenses.
In 2013 (the most recent data available), 608 vessels were issued IPHC
licenses to retain halibut. IPHC issues licenses for: The directed
commercial fishery in Area 2A (149 licenses in 2013); incidental
halibut caught in the salmon troll fishery (332 licenses in 2013); and
the charterboat fleet (127 licenses in 2013). No vessel may participate
in more than one of these three fisheries per year.
The major effect of halibut management on small entities will be
from the internationally set TAC decisions made by IPHC. Based on the
recommendations of the states, and as conveyed through the Council,
NMFS is implementing minor changes to the Plan that maximize
recreational and commercial opportunities under the allocations that
result from the TAC. There are no large entities involved in the
halibut fisheries; therefore, none of these changes will have a
disproportionate negative effect on small entities versus large
entities. Based on the economic dimensions of the fishery, these minor
proposed changes to the Plan are not expected to have a significant
economic impact on a substantial number of small entities. The
decreased TAC and associated management measures lead to combined
fleetwide declines of under $700,000 n terms of ex-vessel revenues and
recreational expenditures relative to 2013.
As described above, NMFS received 25 letters opposed to closing the
new California subarea in August because of the economic impacts of
this closure, many of these letters cited the results of a recent IPHC
biological survey off California. These issues are addressed in the
responses to Comment 4 above.
Pursuant to Executive Order 13175, the Secretary recognizes the
sovereign status and co-manager role of Indian tribes over shared
Federal and tribal fishery resources. Section 302(b)(5) of the
Magnuson-Stevens Fishery Conservation and Management Act establishes a
seat on the Council for a representative of an Indian tribe with
federally recognized fishing rights from California, Oregon,
Washington, or Idaho. The U.S. Government formally recognizes that 13
Washington tribes have treaty rights to fish for Pacific halibut. In
general terms, the quantification of those rights is 50 percent of the
harvestable surplus of Pacific halibut available in the tribes' usual
and accustomed fishing areas (described at 50 CFR 300.64). Each of the
treaty tribes has the discretion to administer their fisheries and to
establish their own policies to achieve program objectives.
Accordingly, tribal allocations and regulations, including the changes
to the Plan, have been developed in consultation with the affected
tribe(s) and, insofar as possible, with tribal consensus.
NMFS prepared an environmental assessment (EA) for the continued
implementation of the Plan for 2014-2016 and the AA concluded that
there will be no significant impact on the human environment as a
result of this rule. A copy of the EA is available from NMFS (see
ADDRESSES).
NMFS conducted a formal section 7 consultation under the Endangered
Species Act for the Area 2A Catch Sharing Plan for 2014-2016 addressing
the effects of implementing the Plan on ESA-listed yelloweye rockfish,
canary rockfish, and bocaccio in Puget Sound, the Southern Distinct
Population Segment (DPS) of green sturgeon, salmon, marine mammals, and
sea turtles. In the biological opinion the Regional Administrator
determined that the implementation of the Catch Sharing Plan for 2014-
2016 is not likely to jeopardize the continued existence of Puget Sound
yelloweye rockfish, Puget Sound canary rockfish, Puget Sound bocaccio,
Puget Sound Chinook, Lower Columbia River Chinook, and green sturgeon.
It is not expected to result in the destruction or adverse modification
of critical habitat for green sturgeon or result in the destruction or
adverse modification of proposed critical habitat for Puget Sound
yelloweye rockfish, canary rockfish, bocaccio. In addition, the opinion
concluded that the implementation of the Plan is not likely to
adversely affect marine mammals, the remaining listed salmon species
and sea turtles, and is not likely to adversely affect critical habitat
for Southern resident killer whales, stellar sea lions, leatherback sea
turtles, any listed salmonids, and humpback whales. Further, the
Regional Administrator determined that implementation of the Catch
Sharing Plan will have no effect on southern eulachon; this
determination was made in a letter dated March 12, 2014.
[[Page 18834]]
NMFS finds good cause to waive the 30-day delay in effectiveness
and make this rule effective on filing with the Office of the Federal
Register, pursuant to 5 U.S.C. 553(d)(3), so that this final rule may
become effective on April 1, 2014. Leaving the 2013 annual management
measures in place could harm to the halibut stock, because those
measures are not based on the most current scientific information.
Also, because the 2014 TAC is lower than the 2013 TAC, allowing the
2013 measures to remain in place could cause drastic management changes
later in the year to prevent exceeding the lower 2014 subarea
allocations once the 2014 measures are implemented and the 2014 Plan is
approved. Those measures might significantly impact the fishery members
by causing them to curtail effort or possibly lose revenue. Finally,
this final rule approves the Council's 2014 Plan that responds to the
needs of the fisheries in each state and approves the portions of the
Plan allocating incidentally caught halibut in the salmon troll and
sablefish primary fisheries, which start April 1. Therefore, allowing
the 2013 subarea allocations and Plan to remain in place would not
respond to the needs of the fishery and would be in conflict with the
Council's final recommendation for 2014. Finally, this rule could not
be published earlier due to a delay in completing the accompanying
biological opinion and environmental assessment. For all of these
reasons, a delay in effectiveness could ultimately cause economic harm
to the fishing industry and associated fishing communities by reducing
fishing opportunity later in the year to keep catch in the subareas
within the lower 2014 allocations or result in harvest levels
inconsistent with the best available scientific information. As a
result of the potential harm to the halibut stock and fishing
communities that could be caused by delaying the effectiveness of this
final rule, NMFS finds good cause to waive the 30-day delay in
effectiveness and make this rule effective upon filing with the Office
of the Federal Register.
Authority: 16 U.S.C. 773 et seq.
Dated: April 1, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-07536 Filed 4-1-14; 4:15 pm]
BILLING CODE 3510-22-P