9312 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules 

pandemic enables the Commission to 

deem at-home connectivity eligible for 

these purposes under section 254(c)(1), 

which requires the Commission to take 

into consideration, when determining 

eligible services, which services ‘‘are 

essential to education, public health, or 

public safety’’ and ‘‘are consistent with 

the public interest, convenience, and 

necessity.’’ SHLB offers a variety of 

arguments for rejecting suggestions that 

the reference to ‘‘classrooms’’ in section 

254(b)(6) and 254(h)(2)(A) which 

provide that ‘‘[t]he Commission shall 

establish competitively neutral rules 

. . . to enhance, to the extent 

technically feasible and economically 

reasonable, access to advanced 

telecommunications and information 

services for all public and nonprofit 

elementary and secondary school 

classrooms . . . .’’ limits the 

Commission’s ability to provide E-Rate 

supported broadband for remote 

learning. SHLB points out that the 

Commission already provides E-rate 

support for some off-campus services 

and echoes Colorado’s argument that 

during the pandemic students’ and 

teachers’ homes have become virtual 

classrooms. Both SHLB and Colorado 

argue that the Commission relied on its 

authority under section 254(h)(2)(A) of 

the Act to allow health care providers to 

purchase internet access services for 

participating patients’ use in their 

homes or mobile locations during the 

pandemic in the Connected Care Pilot 

Program and can take a similar action in 

the E-Rate program. They also both 

point out that the Commission has the 

statutory authority to designate 

additional E-Rate supported services. 

The Bureau invites other stakeholders to 

comment on the Commission’s legal 

authority to use E-Rate funding to help 

address the remote learning challenges 

created by the COVID–19 Pandemic. 

Federal Communications Commission. 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division Wireline Competition Bureau. 

[FR Doc. 2021–02997 Filed 2–10–21; 4:15 pm] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 210205–0014] 

RIN 0648–BK27 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

changes to the Pacific Halibut Catch 

Sharing Plan for the International 

Pacific Halibut Commission’s regulatory 

Area 2A off of Washington, Oregon, and 

California. In addition, NMFS proposes 

to implement management measures 

governing the 2021 recreational fisheries 

that are not implemented through the 

International Pacific Halibut 

Commission. These measures include 

the recreational fishery seasons, 

allocations, and management measures 

for Area 2A. These actions are intended 

to conserve Pacific halibut and provide 

angler opportunity where available. 

DATES: Comments on the proposed rule 

must be received on or before March 15, 

2021. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2020–0157, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0157, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Barry Thom, c/o Kathryn Blair, West 

Coast Region, NMFS, 1201 NE Lloyd 

Blvd., Suite 1100, Portland, OR 97232. 

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/fisheriesmanagement-west-coast and at the 

Council’s website at http://

www.pcouncil.org. Other comments 

received may be accessed through 

Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Blair, phone: 503–231–6858, 

fax: 503–231–6893, or email: 

kathryn.blair@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northern Pacific Halibut Act of 

1982 (Halibut Act) gives the Secretary of 

Commerce (Secretary) responsibility for 

implementing the provisions of the 

Halibut Convention between the United 

States and Canada. 16 U.S.C. 773–773k. 

The Halibut Act requires that the 

Secretary adopt regulations to carry out 

the purposes and objectives of the 

Halibut Convention and Halibut Act. 16 

U.S.C. 773(c). The Halibut Act also 

authorizes the regional fishery 

management councils having authority 

for a particular geographic area to 

develop regulations in addition to, but 

not in conflict with, regulations issued 

by the International Pacific Halibut 

Commission (IPHC) to govern the 

Pacific halibut catch in U.S. Convention 

waters (16 U.S.C. 773c(c)). 

Since 1988, the Pacific Fishery 

Management Council (Council) has 

developed, and NMFS has approved, 

annual Catch Sharing Plans that allocate 

the IPHC regulatory Area 2A Pacific 

halibut catch limit between treaty 

Indian and non-Indian harvesters, and 

among non-Indian commercial and 

recreational (sport) fisheries. In 1995, 

the Council recommended, and NMFS 

approved, a long-term Area 2A Catch 

Sharing Plan (60 FR 14651; March 20, 

1995). NMFS has been approving 

adjustments to the Area 2A Catch 

Sharing Plan based on Council 

recommendations each year to address 

the changing needs of these fisheries. 

While the full Catch Sharing Plan is not 

published in the Federal Register, it is 

made available on the Council and 

NMFS websites. 

At its annual meeting January 25–29, 

2021, the IPHC recommended an Area 

2A catch limit. This catch limit is 

derived from the total constant 

exploitation yield (TCEY), which 

includes commercial discards and 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules 9313 

bycatch estimates calculated using a 

formula developed by the IPHC. 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 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 rule containing the 

2020 IPHC regulations and management 

measures was published in the Federal 

Register on March 13, 2020 (85 FR 

14586). 

This rule proposes to approve the 

Council’s recommended changes to the 

Catch Sharing Plan for IPHC regulatory 

Area 2A, which affect only the 

recreational fishery. In addition, this 

rule would implement 2021 recreational 

Pacific halibut fishery management 

measures, which include season 

opening and closing dates, retention of 

groundfish species, allowable gear, and 

opening closed areas that are set in 

NMFS regulations. These management 

measures were developed through the 

Council’s public process and are 

detailed below. 

Proposed Changes to the 2021 Area 2A 

Catch Sharing Plan 

Each year at the Council’s September 

meeting, members of the public have an 

opportunity to propose changes to the 

Catch Sharing Plan for consideration by 

the Council. At the September 2020 

Council meeting, Washington 

Department of Fish and Wildlife 

(WDFW), Oregon Department of Fish 

and Wildlife (ODFW), and California 

Department of Fish and Wildlife 

(CDFW) proposed changes to the Catch 

Sharing Plan. The Council voted to 

solicit public input on most of the 

changes recommended by WDFW, 

ODFW, and CDFW. Input on these 

proposed changes was then gathered 

through public workshops subsequently 

held by WDFW and ODFW. 

At its November 2020 meeting, the 

Council considered the input received 

through these public workshops on the 

changes to the Catch Sharing Plan 

proposed by WDFW, ODFW, and 

CDFW, along with other public input 

provided at the 2020 September and 

November Council meetings, and made 

its final recommendations for 

modifications to the Catch Sharing Plan 

to NMFS. NMFS proposes to approve all 

of the Council’s recommended changes 

to the Catch Sharing Plan as discussed 

below. 

1. In section 6.9.3(h) of the Catch 

Sharing Plan, the Council recommended 

removing prohibition on fishing within 

two Yelloweye Rockfish Conservation 

Areas (YRCAs) to be consistent with 

West Coast groundfish regulations. The 

2021–2022 groundfish harvest 

specifications final rule (85 FR 79880; 

December 11, 2020) included a 

modification to regulations at 50 CFR 

660.360(c)(1)(i)(B) and (C) to allow for 

recreational fishing for groundfish and 

halibut within the South Coast 

Recreational YRCA and the Westport 

Offshore Recreational YRCA. Consistent 

with the groundfish regulations, this 

Catch Sharing Plan change removes the 

prohibition on recreational groundfish 

and halibut fishing in these two YRCAs 

and removes the description of the 

YCRAs. 

2. In section 6.10(g) of the Catch 

Sharing Plan, the Council recommended 

allowing anglers fishing for Pacific 

halibut in the Columbia River subarea in 

Washington to retain certain midwater 

rockfish species, specifically yellowtail, 

widow, canary, redstriped, greenstriped, 

silvergray, chilipepper, bocaccio, and 

blue/deacon rockfish, in addition to the 

species currently allowed for retention. 

This change would increase angler 

opportunity by permitting retention of 

more groundfish species than were 

previously allowed in regulation. 

3. In section 6.11.1(g) and 6.11.2(g) of 

the Catch Sharing Plan, the Council 

recommended allowing anglers in 

Oregon to use long-leader fishing gear to 

retain certain groundfish species on the 

same fishing trip in which they also 

participate in the all-depth halibut 

fishery. This change would increase 

angler opportunity by permitting 

retention of more species than were 

previously allowed in regulation. 

4. In section 6.12(d) of the Catch 

Sharing Plan, the Council recommended 

changing the season end date on the 

California Coast from October 31 to 

November 15. In 2019, the California 

recreational fishery was open May 1 

through October 31, and attained 

around 17,000 pounds of the 39,000 

pound quota. This change provides 

flexibility to extend the season by two 

weeks to allow for additional angler 

opportunity. 

Additional discussion of these 

changes is included in the materials 

submitted to the Council at its 

September and November meetings, 

available at https://www.pcouncil.org/ 

council-meetings/previous-meetings/. A 

version of the Catch Sharing Plan 

including these changes can be found at 

https://www.pcouncil.org/managed_

fishery/pacific-halibut/. 

Proposed 2021 Recreational Fishery 

Management Measures 

Following the Council’s 

recommendations in the Catch Sharing 

Plan, NMFS also proposes to implement 

recreational fishery management 

measures, including season dates for the 

2021 fishery. The Catch Sharing Plan 

includes a framework for setting days 

open for fishing by subarea, and each 

state submits final recommended season 

dates annually to NMFS during the 

proposed rule comment period. This 

proposed rule contains dates for the 

recreational (though referred to as 

‘‘sport’’ in IPHC documents, 

‘‘recreational’’ will be used in this rule) 

fisheries based on the 2021 Catch 

Sharing Plan as recommended by the 

Council. The season dates preferred for 

Washington, following input from the 

public, are proposed here. The proposed 

season dates for Oregon are based on the 

Catch Sharing Plan framework and 

season dates from 2020. The proposed 

season dates for California are the start 

and end dates in the 2021 Catch Sharing 

Plan, including the revised season end 

date of November 15. The final rule will 

provide season dates based on public 

comment, including comments from 

Oregon and California after each state 

has concluded its public meetings 

gathering input on season dates. 

Separate from this rule and described 

above, annual management measures 

promulgated by the IPHC are published 

each year through a final rule under 

NMFS authority to implement the 

Halibut Convention (50 CFR 300.62). 

For the 2020 fishing season, the final 

rule for the IPHC regulations was 

published on March 13, 2020 (85 FR 

14586), and the final rule for Area 2A 

recreational fisheries was published on 

May 1, 2020 (85 FR 25317). At the 2021 

IPHC meeting, the IPHC approved the 

2021 halibut regulations. NMFS plans to 

publish those regulations prior to the 

start of the 2021 halibut fishery if 

approved by the Secretary of State with 

concurrence by the Secretary of 

Commerce. 

NMFS proposes the following Area 

2A recreational fishery management 

measures consistent with the Council’s 

Catch Sharing Plan. After the 

opportunity for public comment, NMFS 

will publish a final rule approving the 

Catch Sharing Plan and promulgating 

the annual management measures for 

the Area 2A recreational fishery, as 

required by implementing regulations at 

50 CFR 300.63(b)(1). The subarea 

allocations in this proposed rule are 

based on the 2021 IPHC halibut 

9314 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules 

regulations approved by the IPHC and 

the allocation formula in the Council’s 

Catch Sharing Plan. 

2021 Annual Recreational Management 

Measures 

The recreational fishing subareas, 

subquotas, fishing dates, and daily bag 

limits are as follows, except as modified 

under the inseason actions consistent 

with 50 CFR 300.63(c). All recreational 

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. 

Washington Puget Sound and the U.S. 

Convention Waters in the Strait of Juan 

de Fuca 

The quota for the area in Puget Sound 

and the U.S. waters in the Strait of Juan 

de Fuca, east of a line extending from 

48°17.30′ N lat., 124°23.70′ W long. 

north to 48°24.10′ N lat., 124°23.70′ W 

long., is 78,291 lb (35.5 metric tons 

(mt)). 

(a) The fishing seasons are: 

(i) For the area in Puget Sound and 

the U.S. waters in the Strait of Juan de 

Fuca, east of a line at approximately 

123°49.60′ W long., fishing is open 

April 22–24, April 29–May 1; May 6–8, 

13–15, 20–22, 28–30; June 3–5, 10–12, 

17–19, and 24–26, or until there is not 

sufficient quota for another full day of 

fishing and the area is closed by the 

IPHC. Any closure will be announced 

on the NMFS hotline at (206) 526–6667 

or 800–662–9825. 

(ii) For the area in U.S. waters in the 

Strait of Juan de Fuca, approximately 

between 124°23.70′ W long. and 

123°49.60′ W long., fishing is open May 

6, 8, 13, 15, 20, 22, 28–30; June 3–5, 10– 

12, 17–19, 24–26, or until there is not 

sufficient quota for another full day of 

fishing and the area is closed by the 

IPHC. Any closure will be announced 

on the NMFS hotline at (206) 526–6667 

or 800–662–9825. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

Washington North Coast Subarea 

The quota for landings into ports in 

the area off the north Washington coast, 

west of a line at approximately 

124°23.70′ W long. and north of the 

Queets River (47°31.70′ N lat.), is 

128,928 lb (58.5 mt). 

(a) The fishing seasons are: 

(i) Fishing is open May 6, 8, 13, 15, 

20, 22, 28, 30; June 3, 5, 10, 12, 17, 19, 

24, and 26, or until there is not 

sufficient quota for another full day of 

fishing and the area is closed by the 

IPHC. Any closure will be announced 

on the NMFS hotline at (206) 526–6667 

or 800–662–9825. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

(c) 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 with 

recreational gear 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 50 

CFR 660.70(b). 

Washington South Coast Subarea 

The quota for landings into ports in 

the area between the Queets River, WA 

(47°31.70′ N lat.), and Leadbetter Point, 

WA (46°38.17′ N lat.), is 63,636 lb (28.9 

mt). 

(a) This subarea is divided between 

the all-depth fishery (the Washington 

South coast primary fishery), and the 

incidental nearshore fishery in the area 

from 47°31.70′ N lat. south to 46°58.00′ 

N lat. and east of a boundary line 

approximating the 30-fm (55-m) depth 

contour. This area (the Washington 

South coast, northern nearshore area) is 

defined by straight lines connecting all 

of the following points in the order 

stated as described by the following 

coordinates: 

(1) 47°31.70′ N lat., 124°37.03′ W 

long.; 

(2) 47°25.67′ N lat., 124°34.79′ W 

long.; 

(3) 47°12.82′ N lat., 124°29.12′ W 

long.; 

(4) 46°58.00′ N lat., 124°24.24′ W 

long. 

The primary fishery season dates are 

May 6, 9, 13, 16, 20, 23, 27; June 17, 20, 

24, 27, or until there is not sufficient 

quota for another full day of fishing and 

the area is closed by the IPHC. Any 

closure will be announced on the NMFS 

hotline at (206) 526–6667 or 800–662– 

9825. If sufficient quota remains, the 

fishing season in the nearshore area 

commences the Saturday subsequent to 

the closure of the primary fishery and 

continues seven days per week until 

63,636 lb (28.9 mt) is projected to be 

taken by the two fisheries combined and 

the fishery is closed by the IPHC or on 

September 30, whichever is earlier. If 

the fishery is closed prior to September 

30, and there is insufficient quota 

remaining to reopen the Washington 

South coast, northern nearshore area for 

another fishing day, then any remaining 

quota may be transferred in-season to 

another Washington coastal subarea by 

NMFS. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

(c) 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(c). 

(d) Recreational fishing for groundfish 

and halibut is allowed within the South 

Coast Recreational YRCA and Westport 

Offshore Recreational YRCA. The South 

Coast Recreational YRCA is defined at 

50 CFR 660.70(e). The Westport 

Offshore Recreational YRCA is defined 

at 50 CFR 660.70(f). 

Columbia River Subarea 

The quota for landings into ports in 

the area between Leadbetter Point, WA 

(46°38.17′ N lat.), and Cape Falcon, OR 

(45°46.00′ N lat.), is 18,662 lb (8.5 mt). 

(a) This subarea is divided into an alldepth fishery and a nearshore fishery. 

The nearshore fishery is allocated 500 lb 

(0.23 mt) of the subarea allocation. The 

nearshore fishery extends from 

Leadbetter Point (46°38.17′ N lat., 

124°15.88′ W long.) to the Columbia 

River (46°16.00′ N lat., 124°15.88′ W 

long.) by connecting the following 

coordinates in Washington: 46°38.17′ N 

lat., 124°15.88′ W long., 46°16.00′ N lat., 

124°15.88′ W long., and connecting to 

the boundary line approximating the 40- 

fm (73-m) depth contour in Oregon. The 

nearshore fishery opens May 10, and 

continues on Monday, Tuesday, and 

Wednesday each week until the 

nearshore allocation is taken, or on 

September 30, whichever is earlier. The 

all-depth fishing season is open May 6, 

9, 13, 16, 20, 23, 27; June 3, 6, 10, 13, 

17, 20, 24, 27, or until there is not 

sufficient quota for another full day of 

fishing and the area is closed by the 

IPHC, or on September 30, whichever is 

earlier. Any closure will be announced 

on the NMFS hotline at (206) 526–6667 

or 800–662–9825. Subsequent to this 

closure, if there is insufficient quota 

remaining in the Columbia River 

subarea for another fishing day, then 

any remaining quota may be transferred 

inseason to another Washington and/or 

Oregon subarea by NMFS. Any 

remaining quota would be transferred to 

each state in proportion to its 

contribution. 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules 9315 

(b) The daily bag limit is one halibut 

of any size per day per person. 

(c) Pacific Coast groundfish may not 

be taken and retained, possessed or 

landed when halibut are on board the 

vessel, except sablefish, Pacific cod, 

flatfish species, yellowtail rockfish, 

widow rockfish, canary rockfish, 

redstriped rockfish, greenstriped 

rockfish, silvergray rockfish, 

chilipepper, bocaccio, blue/deacon 

rockfish, and lingcod caught north of 

the Washington-Oregon border 

(46°16.00′ N lat.) may be retained when 

allowed by Pacific Coast groundfish 

regulations, during days open to the alldepth Pacific halibut fishery. Longleader gear (as defined at 50 CFR 

660.351) may be used to retain 

groundfish during the all-depth Pacific 

halibut fishery south of the WashingtonOregon border, when allowed by Pacific 

Coast groundfish regulations. 

(d) Taking, retaining, possessing, or 

landing halibut on groundfish trips is 

allowed in the nearshore area on days 

not open to all-depth Pacific halibut 

fisheries. 

Oregon Central Coast Subarea 

The quota for landings into ports in 

the area off Oregon between Cape 

Falcon (45°46.00′ N lat.) and Humbug 

Mountain (42°40.50′ N lat.), is 273,403 

lb (124 mt). 

(a) The fishing seasons are: 

(i) The first season (the ‘‘inside 40- 

fm’’ fishery) commences May 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 

32,808 lb (14.9 mt), or any inseason 

revised subquota is estimated to have 

been taken and the season is closed by 

the IPHC, or on October 31, whichever 

is earlier. The boundary line 

approximating the 40-fm (73-m) depth 

contour between 45°46.00′ N lat. and 

42°40.50′ N lat. is defined at 50 CFR 

660.71(o). 

(ii) The second season (spring season), 

which is for the ‘‘all-depth’’ fishery, is 

open May 13–15, 20–22, 27–29; June 3– 

5, and 10–12. The allocation to the alldepth fishery is 172,244 lb (78.1 mt). If 

sufficient unharvested quota remains for 

additional fishing days, the season will 

re-open June 17–19; July 1–3 and 8–10. 

Notice of the re-opening will be 

announced on the NMFS hotline (206) 

526–6667 or (800) 662–9825. 

(iii) The third season (summer 

season), which is for the ‘‘all-depth’’ 

fishery, will be open August 6–7, 19–21; 

September 2–4; 16–18, September 30– 

October 2; October 14–16, 28–30; and 

will continue 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 

IPHC. NMFS will announce on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825 in July whether the fishery 

will re-open for the summer season in 

August. Additional fishing days may be 

opened if sufficient quota remains after 

the last day of the first scheduled open 

period. 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 Thursday, 

Friday and Saturday, beginning August 

5, 6, and 7, and ending when there is 

insufficient quota remaining, whichever 

is earlier. If, after September 7, 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 Thursday, Friday and Saturday, 

the fishery may re-open every Thursday, 

Friday and Saturday, beginning 

September 9, 10, and 11, and ending 

October 31. After September 7, the bag 

limit may be increased to two fish of 

any size per person, per day. NMFS will 

announce on the NMFS hotline (206) 

526–6667 or (800) 662–9825 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. 

(b) The daily bag limit is one halibut 

of any size per day per person, unless 

otherwise specified. NMFS will 

announce on the NMFS hotline (206) 

526–6667 or (800) 662–9825 any bag 

limit changes. 

(c) During days open to all-depth 

halibut fishing when the groundfish 

fishery is restricted by depth, when 

halibut are on board the vessel, no 

groundfish, except sablefish, Pacific 

cod, and other species of flatfish (sole, 

flounder, sanddab), may be taken and 

retained, possessed or landed, except 

with long-leader gear (as defined at 

§ 660.351), when allowed by groundfish 

regulations. During days open to alldepth halibut fishing when the 

groundfish fishery is open to all depths, 

any groundfish species permitted under 

the groundfish regulations may be 

retained, possessed or landed if halibut 

are on board the vessel. During days 

open to nearshore halibut fishing, 

flatfish species may be taken and 

retained seaward of the seasonal 

groundfish depth restrictions if halibut 

are on board the vessel. 

(d) 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. 

(e) 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 50 CFR 660.70(g). 

Southern Oregon Subarea 

The quota for landings into ports in 

the area south of Humbug Mountain, OR 

(42°40.50′ N lat.) to the Oregon/ 

California Border (42°00.00′ N lat.) is 

8,000 lb (3.6 mt). 

(a) The fishing season commences on 

May 1, and continues 7 days per week 

until the subquota is taken, or October 

31, whichever is earlier. 

(b) The daily bag limit is one halibut 

per person with no size limit. 

(c) During days open to the Pacific 

halibut fishery, when halibut are on 

board the vessel, no groundfish except 

sablefish, Pacific cod, and other species 

of flatfish (sole, flounder, sanddab), may 

be taken and retained, possessed or 

landed, except with long-leader gear (as 

defined at § 660.351) when allowed by 

groundfish regulations. 

California Coast Subarea 

The quota for landings into ports 

south of the Oregon/California Border 

(42°00.00′ N lat.) and along the 

California coast is 39,260 lb (17.8 mt). 

(a) The fishing season will be open 

May 1 through November 15, or until 

the subarea quota is estimated to have 

been taken and the season is closed by 

the IPHC, whichever is earlier. NMFS 

will announce any closure by the IPHC 

on the NMFS hotline (206) 526–6667 or 

(800) 662–9825. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

Classification 

Regulations governing the U.S. 

fisheries for Pacific halibut are 

developed by the International Pacific 

Halibut Commission (IPHC), the Pacific 

Fishery Management Council, the North 

Pacific Fishery Management Council 

(Council), and the Secretary of 

Commerce. Section 5 of the Halibut Act 

9316 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Proposed Rules 

(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. The proposed 

action is consistent with the Council’s 

authority to allocate halibut catches 

among fishery participants in the waters 

in and off Washington, Oregon, and 

California. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 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. 

Previous analyses determined that 

charterboats are small businesses (see 77 

FR 5477 (February 3, 2012) and 76 FR 

2876 (January 18, 2011)). Charter fishing 

operations are classified under NAICS 

code, 487210, with a corresponding 

Small Business Association size 

standard of $7.5 million in annual 

receipts. No commercial fishing entities 

are directly affected by this rule. 

This rule would revise the 

recreational Pacific halibut fishery 

management measures, such as season 

dates and catch limits that are set in 

NMFS regulations. This proposed rule 

would open the recreational fishery 

with 2021 season dates and subarea 

allocations impacting charter boats, 

anglers, and businesses relying on 

recreational fishing across all of Area 

2A. This rule also proposes minor 

changes, including groundfish species 

retention, allowable fishing gear, and 

opening closed areas, to the recreational 

halibut fishery, impacting participants 

in the Washington, Oregon, and 

California recreational subareas. The 

proposed revisions were 

uncontroversial throughout the 

Council’s public process. 

In 2020, the IPHC issued 86 licenses 

to the charterboat fleet for Area 2A. 

Analysis of the most recent data 

available on charterboat activity 

indicates that 60 percent of the IPHC 

charterboat license holders (around 50 

vessels) participate in the Pacific halibut 

recreational fishery and may be affected 

by these regulations as those vessels 

operate in Area 2A. Private vessels used 

for recreational fishing are not 

businesses and are therefore not subject 

to the RFA. 

The major impact of halibut 

management on small entities will 

result from the IPHC catch limits, which 

are determined independently from this 

proposed action. This proposed action 

would implement management 

measures including season dates and 

allocations for the recreational fishery, 

and would make minor changes to the 

Catch Sharing Plan to provide increased 

recreational opportunities under the 

allocations that result from the Area 2A 

catch limit. The proposed changes to the 

Catch Sharing Plan in this proposed 

action are minor, with minimal 

economic effects. Profitability is more 

heavily influenced by the catch limit 

decision made by the IPHC, with 

subarea quotas determined based on the 

Catch Sharing Plan framework and the 

allocation formulae recommended by 

the Council. Therefore, the proposed 

rule is unlikely to affect overall 

participation in the recreational 

fisheries or to change the profitability of 

the recreational fishery. Additionally, 

there are no large entities involved in 

the halibut fisheries off of the West 

Coast. Because this action will only 

impact recreational charter vessels, 

which are small entities, these revisions 

will not have a disproportionately 

negative effect on small entities versus 

large entities. 

For the reasons described above, 

NMFS concludes that the proposed 

action, if adopted, will not have a 

significant economic impact on a 

substantial number of small 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. 

Dated: February 8, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–02831 Filed 2–11–21; 8:45 am] 

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