Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9105 

requests to establish tolerances in 40 

CFR 180.622 for residues of the 

fungicide, ethaboxam, (RS)-N-[cyano(2- 

thienyl)methyl]-4-ethyl-2- 

(ethylamino)thiazole-5-carboxamid in or 

on the raw agricultural commodity: Leaf 

petiole vegetable subgroup 22B at 0.15 

parts per million. An adequate 

enforcement methodology LC/MS/MS is 

available to measure and evaluate the 

residues of ethaboxam to enforce the 

tolerance expression. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: January 26, 2024. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2024–02805 Filed 2–8–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 17–84; Report No. 3209; 

FR ID 201345] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration; 

correction. 

SUMMARY: The Federal Communications 

Commission published a document in 

the Federal Register on January 29, 

2024, announcing the dates for filing 

oppositions and replies to a Petition for 

Reconsideration of Action in a 

Rulemaking Proceeding in WC Docket 

No. 17–84, adopted by the Commission 

on December 13, 2023. There is an error 

in the Dates section of this document, 

incorrectly setting the deadline for 

replies to oppositions as February 8, 

2024 rather than February 23, 2024. 

DATES: February 9, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Michael Ray, Competition Policy 

Division, Wireline Competition Bureau, 

at Michael.Ray@fcc.gov, 202–418–0357. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of January 29, 

2024, in FR Doc. 2024–01633, on page 

5439, in the third column, fourth 

paragraph from the bottom, correct the 

‘‘Dates’’ caption to read: 

DATES: Oppositions to the Petitions 

must be filed on or before February 13, 

2024. Replies to oppositions must be 

filed on or before February 23, 2024. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02624 Filed 2–8–24; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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: 

• 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. 

• 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: melissa.mandrup@

noaa.gov. 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
9106 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 

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 statesponsored 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 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°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°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 onefish 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: 

• every Thursday, Friday, and

Saturday from May 2 through May 18; 

• Friday, May 24 and Sunday, May

26; 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) 

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: 

• every Thursday and Saturday from

May 2 through May 20; 

• Friday, May 24 and Sunday, May

26; 

• 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) 


ddrumheller on DSK120RN23PROD with PROPOSALS1
9108 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 

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: 

• every Thursday, Sunday, and 

Tuesday from May 2 through May 21; 

• Thursday, May 23 and Sunday, May 

26; and 

• 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 alldepth, 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 alldepth 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 alldepth 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 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9109 

1Recreational 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. 

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°00.00′ N lat.) to Point Arena 

(38°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°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. 

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°57.5′ N lat.) 

and create two subareas off California. 

The area between the OR/CA border 

(42°00.00′ N lat.) and Point Arena 

would be called the Northern California 


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9110 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 

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 nonPacific 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 

■ 1. The authority citation for part 300, 

subpart E, continues to read as follows: 

Authority: 16 U.S.C. 773–773k. 

■ 2. In § 300.63 revise paragraphs 

(c)(5)(iii), (6)(i)(F), (ii)(E) through (G) to 

read as follows: 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9111 

§ 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°00.00′ N lat.) to Point Arena 

(38°57.5′ N lat.). 

(B) South of Point Arena Subarea. The 

South of Point Area subarea is located 

south of Point Arena (38°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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[RTID 0648–XD180] 

Pacific Island Fisheries; Standardized 

Bycatch Reporting Methodologies 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

ecosystem plan amendments; request for 

comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend 

the five fishery ecosystem plans (FEP) 

for fisheries in the Pacific Islands 

Region. If approved, the FEPs would be 

amended to update data collection 

mechanisms identified as standardized 

bycatch reporting methodologies 

(SBRM) as needed, and revise 

descriptions of SBRM for consistency 

with current NMFS regulations. The 

proposed action considers the best 

available scientific, commercial, and 

other information about the fisheries, 

and supports the long-term 

sustainability of fishery resources. 

DATES: NMFS must receive comments 

on the proposed amendment by April 9, 

2024. 

ADDRESSES: You may submit comments 

on the proposed amendment, identified 

by NOAA–NMFS–2023–0151, by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and type 

NOAA–NMFS–2023–0151 in the Search 

box (note: copying and pasting the 

FDMS Docket Number directly from this 

document may not yield search results). 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

• Mail: Send written comments to 

Sarah Malloy, Acting Regional 

Administrator, NMFS Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Bldg. 176, Honolulu, HI 96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

The Council and NMFS prepared a 

draft omnibus amendment that 

describes changes that would be made 

to the FEPs. The draft amendment is 

available from https://

www.regulations.gov or the Council, 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, telephone 808–522–8220, fax 

808–522–8226, https://

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Brett Schumacher, Sustainable Fisheries 

Division, NMFS PIR, 808–725–5176. 

SUPPLEMENTARY INFORMATION: The 

Council and NMFS manage Federal 

fisheries in the Pacific Islands Region 

pursuant to the Magnuson-Stevens 

Fishery and Conservation and 

Management Act (Magnuson-Stevens 

Act). Management of these fisheries is 

organized through five FEPs: the 

American Samoa Archipelago FEP, the 

Mariana Archipelago FEP, the Hawaii 

Archipelago FEP, the Pacific Remote 

Island Areas (PRIA) FEP, and the 

Pelagic Fisheries of the Western Pacific 

Region FEP. NMFS proposes to amend 

these FEPs. 

Section 303(a)(11) of the MagnusonStevens Act requires that the FEPs 

establish a standardized bycatch 

reporting methodology for each fishery. 

On January 19, 2017, NMFS published 

a final rule (82 FR 6317) establishing 

national guidance regulations at 50 CFR 

600.1600 through 600.1610 for 

compliance with the Magnuson-Stevens 

Act SBRM requirements. The SBRM 

final rule requires the Council in 

coordination with NMFS to review their 

management plans and make any 

necessary changes to be consistent with 

published guidance. The final rule also 

requires the Council to explain how the 

SBRMs meet the stated purpose in the 

rule based on the analysis of four 

considerations: (1) characteristics of 

bycatch in the fishery, (2) the feasibility 

of the reporting methodology, (3) the 

uncertainty of data resulting from the 

methodology, and (4) how the data will 

be used to assess the amount and type 

of bycatch in the fishery (60 CFR 

600.1610(a)). 

Current descriptions of SBRM for 

Pacific Island fisheries were approved 

in 1999 (64 FR 19067, April 19, 1999) 

and 2003 (68 FR 46112, August 5, 2003) 

as part of omnibus bycatch amendments 

and later incorporated into the five FEPs 


ddrumheller on DSK120RN23PROD with PROPOSALS1