[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9105-9111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 240130-0031]
RIN 0648-BM75


Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing 
Plan and Recreational Fishery Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch 
Sharing Plan for the International Pacific Halibut Commission's 
regulatory Area 2A off Washington, Oregon, and California. In addition, 
NMFS proposes to implement new management measures for the 2024 
recreational fisheries in Area 2A that are not implemented through the 
International Pacific Halibut Commission (IPHC). These measures include 
the recreational fishery seasons and subarea allocations for Area 2A. 
This action would also add a new inseason management provision to 
transfer anticipated uncaught recreational fishery allocation between 
states. Additionally, this action proposes to establish a new 
management line at Point Arena, CA, creating two subareas with separate 
allocations off California. 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 11, 2024.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2024-0014, by 
either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0014 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Submit written comments to Jennifer Quan, Regional 
Administrator, c/o Melissa Mandrup, West Coast Region, NMFS, 501 W 
Ocean Blvd., Long Beach, CA 90802.
    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 https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender 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 Pacific Halibut Recreational Fishery website at https://www.fisheries.noaa.gov/action/2023-pacific-halibut-recreational-fishery 
and at the Council's website at http://www.pcouncil.org. Other comments 
received may be accessed through Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melissa Mandrup, phone: 562-980-3231 
or email: <a href="/cdn-cgi/l/email-protection#a0cdc5ccc9d3d3c18ecdc1cec4d2d5d0e0cecfc1c18ec7cfd6"><span class="__cf_email__" data-cfemail="2d404841445e5e4c03404c43495f585d6d43424c4c034a425b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k, 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 (Halibut Convention), signed at Ottawa, 
Ontario, on March 2, 1953, as amended by a Protocol Amending the 
Convention (signed at Washington, DC, on March 29, 1979). The Halibut 
Act requires that the Secretary of Commerce adopt regulations to carry 
out the purposes and objectives of the Halibut Convention and Halibut 
Act (16 U.S.C. 773c). Additionally, as provided in the Halibut Act, the 
regional fishery management councils having authority for the 
geographic area concerned may develop, and the Secretary of Commerce 
may implement, regulations governing Pacific halibut fishing in in U.S. 
waters that are in addition to, and not in

[[Page 9106]]

conflict with, approved International Pacific Halibut Commission (IPHC) 
regulations (16 U.S.C. 773c(c)).
    At its annual meeting January 22-26, 2024, the IPHC recommended an 
Area 2A catch limit also known as the Fishery Constant Exploitation 
Yield (FCEY) for 2024. This FCEY is derived from the total constant 
exploitation yield (TCEY) for Pacific halibut, which includes 
commercial discards and bycatch estimates calculated using a formula 
developed by the IPHC. The 2024 TCEY and FCEY for Area 2A will be 
published as part of a separate rulemaking.
    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). 
Allocations based on IPHC's recommended 2024 Area 2A FCEY will be 
subject to acceptance by the Secretary of State with concurrence by the 
Secretary of Commerce and will be included in the final rule.
    Since 1988, the Pacific Fishery Management Council (Council) has 
developed a Catch Sharing Plan that allocates the IPHC regulatory Area 
2A Pacific halibut FCEY between treaty tribal and non-tribal 
harvesters, and among non-tribal commercial and recreational (sport) 
fisheries. NMFS has implemented at 50 CFR 300.63 et seq. certain 
provisions of the Catch Sharing Plan and implemented annual rules 
containing annual management measures consistent with the Catch Sharing 
Plan. 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 website.
    This rule proposes to approve the changes the Council recommended 
at its November 2023 meeting to the Catch Sharing Plan for Area 2A. The 
recommended changes to the Catch Sharing Plan were developed through 
the Council's public process over multiple meetings. This rule also 
proposes to implement recreational Pacific halibut fishery management 
measures for 2024, which include season opening and closing dates. 
These management measures are consistent with the recommendations made 
by the Council in the 2024 Catch Sharing Plan as modified based on its 
2023 recommendations and are detailed below.

Proposed Changes to the 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 2023 Council meeting, 
per the typical annual process, the 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 for the fisheries that occur off of their 
respective coasts.
    At its November 2023 meeting, the Council considered the results of 
state-sponsored workshops on the proposed changes to the Catch Sharing 
Plan, along with public input provided at the September and November 
2023 Council meetings, and made its recommendations for modifications 
to the Catch Sharing Plan. NMFS proposes to approve all the Council's 
recommended changes to the Catch Sharing Plan, which are discussed 
below.
    1. In multiple sections of the Catch Sharing Plan, the Council 
recommended administrative changes to the management objectives and 
fishery flexibility language contained in the Catch Sharing Plan. These 
changes are intended to provide consistency and clarity throughout the 
document. The Council also recommended changes to section 5.7.5 that 
would allow incidental retention of Pacific halibut to continue in the 
salmon troll fishery beyond June 30 without the need for NMFS to 
specifically notice that continuation, improving efficiency.
    2. In section 6.8 of the Catch Sharing Plan, the Council 
recommended creating a new management provision that would allow NMFS 
to take inseason action to reallocate or transfer recreational fishery 
allocation between states if one or more states was projected to not 
fully attain their recreational fishery allocation for the current 
season. This new proposed type of inseason action is intended to allow 
greater utilization of overall Area 2A recreational allocation by 
providing additional angler opportunity later in the season across a 
larger portion of the coast.
    3. The Council recommended changes to Section 5.6.4 of the Catch 
Sharing Plan regarding the notice and timing of non-tribal directed 
commercial fishery sequential season openings. Specifically, NMFS 
proposes to announce one or two open periods for the non-tribal 
directed commercial fishery each year, with intervals between open 
periods anticipated to be 2 to 4 weeks. The intent of this change is to 
allow more stability and certainty for the fishery participants as the 
season progresses. Management measures regulating the non-tribal 
directed commercial fishery are typically established through a 
separate rulemaking in the spring of each year.
    4. In section 6.9.1(d) of the Catch Sharing Plan, the Council 
recommended that NMFS revise the season structure in the Washington 
Puget Sound subarea to allow fishing up to 7 days per week in April, 
May, and June if the Area 2A FCEY is at least 1.3 million pounds (lbs, 
589.7 metric tons (mt)); if the Area 2A FCEY is less than 1.3 million 
lbs (589.7 mt), then seasons may be open up to 5 days per week in 
April, May and June.
    5. In section 6.9.2(d) of the Catch Sharing Plan, the Council 
recommended that NMFS revise the season structure in the Washington 
North Coast subarea to allow fishing up to 3 days per week in May if 
the Area 2A FCEY is at least 1.3 million lbs (589.7 mt); and if the 
Area 2A FCEY is less than 1.3 million lbs (589.7 mt), then allowing 
fishing up to 2 days per week.
    6. In section 6.9.3(d) of the Catch Sharing Plan, the Council 
recommended that NMFS revise the season structure in the Washington 
South Coast subarea to allow fishing up to 3 days per week in May and 8 
days in June if sufficient subarea allocation remains after April 30.
    7. In section 6.10 of the Catch Sharing Plan, the Council 
recommended that NMFS revise the season structure in the Columbia River 
subarea to allow fishing during May and June.
    8. In section 6.11(d)(ii) of the Catch Sharing Plan, the Council 
recommended that NMFS revise the season structure in the Oregon central 
coast subarea Spring all-depth fishery to allow additional dates to be 
established every week, as opposed to every other week, except week(s) 
may be skipped to avoid adverse tidal conditions. The potential 
additional dates will be identified preseason and may be opened if 
enough subarea allocation is available to allow for additional fishing 
days after the spring season.

[[Page 9107]]

    9. In section 6.12 of the Catch Sharing Plan, the Council 
recommended that NMFS establish a new management line at Point Arena, 
California (38[deg]57.5' N lat.), to create two subareas off 
California, along with a criteria and management framework for the 
newly established subarea south of Point Arena, California. The area 
between the Oregon/California border (42[deg]00.00' N lat.) and Point 
Arena would be called the Northern California Coast subarea. The area 
south of Point Arena would be called the South of Point Arena subarea. 
Sections 6.12.1 and 6.12.2 of the Catch Sharing Plan were created to 
describe the management measures for the Northern California Coast 
subarea and South of Point Arena subarea, respectively. New management 
measures for the proposed subareas include 500 lbs (0.23 mt) of the 
California recreational fishery allocation to be assigned to the South 
of Point Arena subarea, with the remaining California recreational 
fishery allocation to be assigned to the Northern California Coast 
subarea. The South of Point Arena subarea will be open from May 1 to 
December 31 or until the 500 lbs (0.23 mt) have been caught with a one-
fish daily bag limit. The Northern California Coast subarea will be 
open May 1 and closing November 15, or until the allocation has been 
attained, and a one-fish daily bag limit.
    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 2024 Recreational Fishery Management Measures

    As described above, NMFS proposes to implement recreational fishery 
management measures, including season dates for the 2024 fishery, 
consistent with the Council's recommendations in the 2024 Catch Sharing 
Plan. The Catch Sharing Plan includes a framework for setting days open 
for fishing by subarea; under this framework, each state submits final 
recommended season dates annually to NMFS during the proposed rule 
comment period. However, this proposed rule contains preliminary dates 
based on the Catch Sharing Plan framework and/or recommendations 
received to date.
    After the opportunity for public comment, including comments from 
WDFW, ODFW, and CDFW after each state has concluded its public meetings 
gathering input on season dates, 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). If there is any 
discrepancy between the Catch Sharing Plan and federal regulations, 
federal regulations take precedence.

2024 Annual Recreational Management Measures

    NMFS proposes recreational fishing subareas, allocations, and 
fishing dates as described below. These provisions may be modified 
through inseason action consistent with 50 CFR 300.63(c). Inseason 
actions taken by NMFS will be published in the Federal Register. In 
addition to publication in the Federal Register, NMFS will make the 
public aware of inseason management actions by a telephone hotline, 
(206) 526-6667 or (800) 662-9825, and fishery bulletins administered 
through email by NMFS West Coast Region. Since provisions of these 
regulations may be changed by inseason actions, recreational anglers 
are encouraged to monitor the telephone hotline and subscribe to 
receive fishery bulletin emails for current information for the area in 
which they are fishing. All recreational fishing in Area 2A is managed 
on a ``port of landing'' basis, whereby any Pacific halibut landed into 
a port counts toward the allocation 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 subarea allocation for landings into ports in Puget Sound and 
the U.S. waters in the Strait of Juan de Fuca will be provided in the 
final rule based on the allocation formula in the Catch Sharing Plan.
    (a) If the 2024 Area 2A FCEY is 1.3 million lbs (589.7 mt) or 
greater, NMFS is proposing to open the Puget Sound and the U.S. 
Convention Waters in the Strait of Juan de Fuca fishery on April 4 
through June 30, 7 days a week. If the subarea allocation remains for 
at least another full day of fishing after June 30, NMFS may take 
inseason action to reopen the fishery in August, up to 7 days per week, 
through September. The area will be closed when there is not sufficient 
subarea allocation for another full day of fishing. If the 2024 Area 2A 
FCEY is less than 1.3 million lbs (589.7 mt), then NMFS proposes to 
open the fishery every Thursday, Friday, Saturday, Sunday, and Monday 
from April 4 through June 30. If the subarea allocation remains for at 
least another full day of fishing after June 30, NMFS may take inseason 
action to reopen the fishery in August, up to 7 days per week, through 
September. The area will be closed when there is not sufficient subarea 
allocation for another full day of fishing. Any inseason action, 
including closures, will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c) and on the NMFS hotline at (206) 526-
6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Washington North Coast Subarea

    The allocation for landings into ports in the Washington North 
Coast subarea will be provided in the final rule based on the 
allocation formula in the Catch Sharing Plan.
    (a) If the Area 2A 2024 FCEY is greater than 1.3 million lbs (589.7 
mt), NMFS is proposing to open the Washington North Coast fishery:
    <bullet> every Thursday, Friday, and Saturday from May 2 through 
May 18;
    <bullet> Friday, May 24 and Sunday, May 26; and
    <bullet> every Thursday, Friday, Saturday, and Sunday from May 30 
through June 30.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will be closed when there is not sufficient subarea allocation for 
another full day of fishing. Any inseason action, including closures, 
will be announced in accordance with Federal regulations at 50 CFR 
300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 662-9825. 
If the 2024 Area 2A FCEY is less than 1.3 million lbs (589.7 mt), then 
NMFS is proposing to open the fishery:
    <bullet> every Thursday and Saturday from May 2 through May 20;
    <bullet> Friday, May 24 and Sunday, May 26;
    <bullet> and every Thursday, Friday, Saturday, and Sunday from May 
30 through June 30.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will be closed when there is not sufficient subarea allocation for 
another full day of fishing. Any inseason action, including closures, 
will be announced in accordance with Federal regulations at 50 CFR 
300.63(c)

[[Page 9108]]

and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Washington South Coast Subarea

    The allocation for landings into ports in the South Coast subarea 
will be provided in the final rule based on the allocation formula in 
the Catch Sharing Plan. The South Coast subarea has a primary and a 
nearshore fishery.
    (a) NMFS is proposing to open the Washington South Coast primary 
fishery every Thursday, Sunday, and Tuesday from May 2 through May 21 
and on Thursday, May 23. If sufficient subarea allocation remains, the 
primary fishery will reopen June 13, 16, 18, 20, 23, 25, 27, and 30 or 
until there is not sufficient subarea allocation for another full day 
of fishing. If the subarea allocation remains for at least another full 
day of fishing after June 30, NMFS may take inseason action to reopen 
the fishery in August, up to 7 days per week, through September. The 
area will be closed when there is not sufficient subarea allocation for 
another full day of fishing. Any inseason action, including closures, 
will be announced in accordance with Federal regulations at 50 CFR 
300.63(c) and on the NMFS hotline at (206) 526-6667 or (800) 662-9825.
    When the South Coast subarea primary fishery does not have 
sufficient allocation to open for at least another full day of fishing, 
any remaining primary fishery allocation will be used to open a 
nearshore fishery. The nearshore fishery will open the first Saturday 
after the closure of the primary fishery and will be open 7 days per 
week until there is not sufficient nearshore fishery allocation 
remaining for another full day of fishing, at which point the area will 
be closed. Any inseason action will be announced in accordance with 
Federal regulations at 50 CFR 300.63(c) and on the NMFS hotline at 
(206) 526-6667 or (800) 662-9825.
    If the primary fishery is closed prior to September 30 and there is 
not sufficient allocation remaining for at least a full day of fishing 
in the nearshore fishery, NMFS may take inseason action to transfer any 
remaining subarea allocation to another Washington coastal subarea, in 
accordance with Federal regulations at 50 CFR 300.63(c).
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Columbia River Subarea

    The allocation for landings into ports in the Columbia River 
subarea will be provided in the final rule based on the allocation 
formula in the Catch Sharing Plan. The Columbia River subarea has an 
all-depth fishery and a nearshore fishery.
    (a) For the all-depth fishery, NMFS proposes to open the fishery as 
follows:
    <bullet> every Thursday, Sunday, and Tuesday from May 2 through May 
21;
    <bullet> Thursday, May 23 and Sunday, May 26; and
    <bullet> every Thursday, Sunday, and Tuesday from May 30 through 
June 30.
    If the subarea allocation remains for at least another full day of 
fishing after June 30, NMFS may take inseason action to reopen the 
fishery in August, up to 7 days per week, through September. The area 
will be closed when there is not sufficient subarea allocation for 
another full day of fishing. Any remaining subarea allocation may be 
transferred inseason to other Washington or Oregon subareas by NMFS in 
proportion to the allocation formula in the Catch Sharing Plan, in 
accordance with Federal regulations at 50 CFR 300.63(c). Any inseason 
action, including closures and reallocation, will be announced in 
accordance with Federal regulations at 50 CFR 300.63(c) and on the NMFS 
hotline at (206) 526-6667 or (800) 662-9825.
    For the nearshore fishery, NMFS is proposing to open the fishery 
every Monday, Tuesday, and Wednesday from May 6 through September 30 
until there is not sufficient nearshore fishery allocation remaining 
for another full day of fishing, at which point the area will be 
closed. Any closure will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at (206) 
526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Oregon Central Coast Subarea

    The allocation for landings into ports in the Oregon Central Coast 
subarea will be provided in the final rule based on the allocation 
formula in the Catch Sharing Plan. The Oregon Central Coast subarea has 
a nearshore, a spring all-depth, and a summer all-depth fishery.
    (a) The allocation to the nearshore fishery will be provided in the 
final rule based on the allocation formula in the Catch Sharing Plan. 
NMFS is proposing to open the nearshore fishery 7 days per week from 
May 1 through October 31 if the nearshore fishery allocation is 25,000 
lbs (11.3 mt) or more or from June 1 through October 31 if the 
nearshore fishery allocation is less than 25,000 lbs (11.3 mt). The 
area will be closed when there is not sufficient subarea allocation for 
another full day of fishing. Any closure will be announced in 
accordance with Federal regulations at 50 CFR 300.63(c)(3) and on the 
NMFS hotline at (206) 526-6667 or (800) 662-9825.
    The allocation to the spring all-depth fishery will be provided in 
the final rule based on the allocation formula in the Catch Sharing 
Plan. If the spring all-depth fishery the allocation is greater than 
100,000 lbs (45.4 mt), NMFS is proposing to open the spring all-depth 
fishery up to 7 days per week from May 1 through July 31. The area will 
be closed when there is not sufficient subarea allocation for another 
full day of fishing. If the spring all-depth fishery allocation is 
100,000 lbs (45.4 mt) or less, NMFS is proposing to open the fishery 
every Thursday, Friday and Saturday from May 9 through July. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. Any closure will be announced in accordance with 
Federal regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at 
(206) 526-6667 or (800) 662-9825.
    The allocation to the summer all-depth fishery will be provided in 
the final rule based on the allocation formula in the Catch Sharing 
Plan. If the overall Area 2A allocation is 700,000 lbs (317.5 mt) or 
greater and the summer all-depth fishery allocation is less than 60,000 
lbs (27.2 mt), NMFS is proposing to open the summer all-depth fishery 
every Friday and Saturday from August 2 through October 31. The area 
will close when there is not sufficient subarea allocation for another 
full day of fishing. If the summer all-depth fishery allocation is 
60,000 lbs (27.2 mt) or greater, NMFS proposes to open the summer all-
depth fishery every other Thursday, Friday, and Saturday from August 1 
through October 31. The area will close when the remaining combined 
spring all-depth fishery and summer all-depth fishery allocations in 
the Oregon Central Coast subarea is not sufficient for another full day 
of fishing. Any closure will be announced in accordance with Federal 
regulations at 50 CFR 300.63(c)(3) and on the NMFS hotline at (206) 
526-6667 or (800) 662-9825.
    NMFS may take inseason action to reopen the summer all-depth 
fishery if sufficient subarea allocation remains for additional fishing 
days after the first scheduled open period, August 2-3. If, after 
August 3, 60,000 lbs (27.2 metric tons (mt)) or more remains from the 
combined nearshore, spring all-depth, and summer all-depth fishery 
allocations, NMFS may take inseason action to reopen the summer all-
depth fishery every Thursday, Friday, and Saturday beginning August 15 
and/or

[[Page 9109]]

allow fishing up to 7 days a week beginning September 1 through October 
31 or until there is not sufficient subarea allocation remaining for 
another full day of fishing, at which point the fishery will be closed. 
If, after September 3, 30,000 lbs (13.6 mt) or greater remains from the 
combined nearshore, spring all-depth, and summer all-depth fishery 
allocations and the summer all-depth fishery is not already open every 
Thursday, Friday and Saturday, NMFS may take inseason action to reopen 
the summer all-depth fishery every Thursday, Friday, and Saturday 
beginning September 5 through October 31 until there is not sufficient 
subarea allocation for another full day of fishing, at which point the 
area will be closed. NMFS will announce when the summer all-depth 
fishery will reopen and the bag limit in accordance with Federal 
procedures at 50 CFR 300.63(c) and on the NMFS hotline (206) 526-6667 
or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person. If the Central Oregon Coast subarea allocation (all-depth and 
nearshore combined) is 200,000 lbs (90.7 mt) or greater, NMFS may take 
inseason action to set the daily bag limit at two fish per day. NMFS 
will announce bag limits in accordance with Federal procedures at 50 
CFR 300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.

Southern Oregon Coast Subarea

    The allocation for landings into ports in the Southern Oregon 
subarea will be provided in the final rule based on the allocation 
formula in the Catch Sharing Plan.
    (a) NMFS is proposing to open the fishery May 1 through October 31 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. Any closure 
will be announced in accordance with Federal regulations at 50 CFR 
300.63(c)(3) and on the NMFS hotline at (206) 526-6667 or (800) 662-
9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person unless otherwise specified through inseason action. NMFS will 
announce any bag limit changes in accordance with Federal procedures at 
50 CFR 300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-
9825.

Northern California Coast Subarea

    The Northern California Coast subarea is located south of the OR/CA 
border (42[deg]00.00' N lat.) to Point Arena (38[deg]57.5' N lat.). The 
allocation for landings into ports in the Northern California Coast 
subarea will be provided in the final rule based on the allocation 
formula in the Catch Sharing Plan.
    (a) NMFS is proposing to open the fishery May 1 through November 15 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. NMFS will 
announce any closure in accordance with Federal procedures at 50 CFR 
300.63(c) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

South of Point Arena Subarea

    The South of Point Arena subarea is located south of Point Arena 
(38[deg]57.5' N lat.) to the U.S./Mexico border. The allocation for 
landings into ports in the South of Point Arena subarea will be 
provided in the final rule based on the allocation formula in the Catch 
Sharing Plan.
    (a) NMFS is proposing to open the fishery May 1 through December 31 
or until there is not sufficient subarea allocation for another full 
day of fishing, at which point the area will be closed. NMFS will 
announce any closure in accordance with Federal procedures at 50 CFR 
300.63(c)(3) and on the NMFS hotline (206) 526-6667 or (800) 662-9825.
    (b) The daily bag limit is one Pacific halibut of any size per 
person.

Additional Recreational Management Measures

    In addition to the state-specific recreational fishing measures 
described above, NMFS also proposes to create a new management 
provision that would allow NMFS to take inseason action to reallocate 
or transfer anticipated uncaught recreational fishery allocation \1\ 
between states for 2024 and beyond. At the June 2023 Council meeting, 
it was identified that, in recent years, under-attainment of the state 
recreational fishery allocations has occurred. During the same meeting, 
the Groundfish Advisory Subpanel and the Salmon Advisory Subpanel 
supported the development of an inseason management provision that 
would allow for transfer of the unused recreational fishery allocation 
between all the states to better utilize the Area 2A FCEY.
---------------------------------------------------------------------------

    \1\ Recreational subarea allocations are in net pounds, the 
weight of Pacific halibut that is without gill and entrails, head-
off, washed and without slime and ice.
---------------------------------------------------------------------------

    While each year NMFS, in working with the Council and states, 
establishes state-specific season structures and management measures 
intended to fully attain the state's recreational fishery allocation 
and management objectives, partial attainment of a state recreational 
fishery allocation may occur, which contributes to lower attainment of 
the overall Area 2A FCEY. Certain existing inseason action provisions 
were intended as tools to achieve full attainment, such as modifying 
bag limits or the transfer of uncaught allocations within the 
Washington subareas and from the Columbia River subarea to other 
Washington and Oregon subareas as specified at 50 CFR 300.63(c)(6). 
However, under-attainment of the state recreational fishery allocations 
has still occurred despite these efforts to modify management measures 
inseason to meet the needs of the fishery.
    To address under-attainment of the state recreational fishery 
allocations, the Council, states, and advisory bodies, through the 
Council's public process at the September and November 2023 meetings, 
developed the framework for a new type of inseason action to transfer 
anticipated uncaught recreational allocation between states for greater 
utilization of overall Area 2A recreational allocation by providing 
additional angler opportunity across a larger portion of the coast 
later in the season. This framework was included in the recommendation 
to NMFS as part of the 2024 recreational fishery management measures.
    Under this proposed inseason action provision, if, through 
consultation with an applicable state, NMFS determines that a state 
will be unable or unlikely to attain their originally established 
recreational allocation for that fishing year, then NMFS may transfer 
any anticipated uncaught recreational fishery allocation between 
states. Under such a scenario, NMFS would reallocate the net pounds 
available equally to each of the other two states. Should one state 
decline any portion of the additional allocation or NMFS determined 
that a receiving state would not be able to fully utilize the 
additional allocation, a portion or the full amount of the anticipated 
uncaught recreational fishery subarea allocation would go to the 
remaining state. NMFS will announce any inseason action in accordance 
with Federal procedures at 50 CFR 300.63(c)(6) and on the NMFS hotline 
(206) 526-6667 or (800) 662-9825.
    At the September and November Council meetings CDFW proposed, and 
Council subsequently recommended to NMFS, to establish a new management 
line at Point Arena, CA (38[deg]57.5' N lat.) and create two subareas 
off California. The area between the OR/CA border (42[deg]00.00' N 
lat.) and Point Arena would be called the Northern California

[[Page 9110]]

Coast subarea. The area south of Point Arena would be called the South 
of Point Arena subarea. The area represented by the proposed Northern 
California Coast subarea is where the majority of targeted recreational 
fishing for Pacific halibut occurs off California. The intent of 
proposing the new South of Point Arena subarea is to be able to 
structure management in this area to better accommodate the de minimis 
retention of Pacific halibut catch that occurs in recreational 
fisheries not directly targeting Pacific halibut in this area. 
Additionally, the proposed season structure for the South of Point 
Arena subarea includes opening May 1 and closing December 31, or until 
there is not sufficient subarea allocation remaining for another full 
day of fishing and the area is therefore closed, and a one-fish daily 
bag and possession limit. This proposed closing date of December 31 is 
46 days later in the year than has been past practice and what is 
proposed to be maintained for the Northern California Coast subarea, 
May 1 through November 15. NMFS would announce any closure in 
accordance with notice procedures at 50 CFR 300.63(c)(3) and on the 
NMFS hotline (206) 526-6667 or (800) 662-9825. The CDFW proposal and 
Council recommendation also includes a 500 lbs (0.23 mt) subarea 
allocation for the South of Point Arena subarea to be subtracted from 
the California recreational fishery allocation, with the remainder of 
the California recreational fishery allocation to be assigned to the 
Northern California Coast subarea.
    The establishment of these two subareas, including the separate 
subarea allocations and closure dates, are intended to allow anglers 
along more of the California coast access to the California 
recreational allocation while reducing the potential for regulatory 
discarding. In recent years, the California recreational fishery has 
closed in late July/early August. During the summer Pacific halibut are 
known to be encountered in other non-Pacific halibut directed 
recreational fisheries in the proposed subarea south of Point Arena. 
Due to the California recreational fishery typically closing in early 
summer, these encountered fish must be released. By reserving a de 
minimis allocation to allow for retention in non-Pacific halibut 
directed recreational fisheries, the proposed subarea south of Point 
Arena is intended to prevent potential discard while maintaining the 
conservation of Pacific halibut and providing angler opportunity.

Classification

    Under section 773 of the Halibut Act, the Pacific Fishery 
Management Council may develop, and the Secretary of Commerce may 
implement, regulations governing Pacific halibut fishing by U.S. 
fishermen in Area 2A that are in addition to, and not in conflict with, 
approved IPHC regulations (16 U.S.C. 773c(c)). The proposed rule is 
consistent with the Council and NMFS's authority under the Halibut Act.
    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 
determined that charter boats targeting Pacific halibut are all small 
businesses. Charter fishing operations are classified under NAICS code 
487210, with a corresponding Small Business Association size standard 
of $14 million in annual receipts (13 CFR 121.201).
    This proposed rule would revise various recreational fishing 
management measures, add an inseason mechanism to transfer anticipated 
uncaught recreational fishery allocation between states, and establish 
a new management line at Point Arena, CA, creating two subareas with 
separate allocations within California. This proposed rule would open 
the recreational fishery with 2024 season dates and subarea allocations 
impacting charter boats, anglers, and businesses relying on 
recreational fishing across all of Area 2A. These changes were 
uncontroversial throughout the Council's public process, and overall 
participation in the recreational fisheries is not expected to change. 
There are no large entities involved in the Pacific halibut fisheries 
off the West Coast. Since this action will only impact recreational 
charter vessels in Area 2A (no commercial fishing entities are directly 
affected by this rule), which are small entities, none of these changes 
will have a disproportionately negative effect on small entities versus 
large entities. Private vessels used for recreational fishing are not 
businesses and are therefore not included in the RFA analysis.
    In 2023, NMFS issued 136 licenses to the charter boat fleet for 
Area 2A. Recent information on charter boat activity is not available; 
however, historically, approximately 60 percent of charter boat license 
holders have participated in the Pacific halibut recreational fishery. 
Thus, based on historical information, NMFS assumes a majority of 
license holders may be affected by these regulations as those vessels 
operate in Area 2A. The major effect of Pacific halibut management on 
small entities (i.e., profitability) will be from the catch limit 
decisions (i.e., FCEYs) made by the IPHC at its annual meeting January 
22-26, 2024, a decision independent from this proposed action. This 
proposed action would implement non-controversial management measures 
that NMFS believes will provide increased recreational opportunities 
under the IPHC allocations with minimal positive economic effects. 
Therefore, the proposed rule is unlikely to affect the profitability of 
the recreational fishery or the small charter fishing businesses that 
target Pacific halibut.
    For the reasons described above, 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.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

    Dated: January 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 300, subpart E, as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

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

0
2. In Sec.  300.63 revise paragraphs (c)(5)(iii), (6)(i)(F), (ii)(E) 
through (G) to read as follows:

[[Page 9111]]

Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (c) * * *
    (5) * * *
    (iii) California. The California recreational fishery is divided 
into the following subareas:
    (A) Northern California Coast Subarea. The Northern California 
Coast subarea is located south of the OR/CA border (42[deg]00.00' N 
lat.) to Point Arena (38[deg]57.5' N lat.).
    (B) South of Point Arena Subarea. The South of Point Area subarea 
is located south of Point Arena (38[deg]57.5' N lat.) to the U.S./
Mexico border.
    (6) * * *
    (i) * * *
    (F) If any state is projected to not utilize its respective 
recreational allocation by the end of the fishing season, NMFS may take 
inseason action to transfer any projected unused allocation to another 
state. After a state notifies NMFS of the amount of their recreational 
subarea allocation in net pounds that is projected to be unused after 
accounting for state management objectives, NMFS may take inseason 
action to reallocate the amount of net pounds available equally to the 
other two states. If a state eligible to receive the additional pounds 
declines all or part of the additional pounds, or NMFS determines a 
state is unlikely to use additional allocation, a portion or the full 
amount of the remainder would go to the other state.
    (ii) Inseason management provisions include, but are not limited 
to, the following:
* * * * *
    (E) Modification of state recreational allocation, including a 
shift in recreational allocation from one state to another;
    (F) Modification of subarea allocation; and
    (G) Modification of the Stonewall Bank Yelloweye Rockfish 
Conservation Area (YRCA) restrictions off Oregon using YRCA expansions 
as defined in groundfish regulations at 50 CFR 660.70(g) or (h).
* * * * *
[FR Doc. 2024-02220 Filed 2-8-24; 8:45 am]
BILLING CODE 3510-22-P


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