[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Proposed Rules]
[Pages 5719-5727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01962]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 141219999-5053-01]
RIN 0648-BE66


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve changes to the Pacific Halibut Catch 
Sharing Plan (Plan) for the International Pacific Halibut Commission's 
(IPHC or Commission) regulatory Area 2A off Washington, Oregon, and 
California (Area 2A). In addition, NMFS proposes to implement the 
portions of the Plan and management measures that are not implemented 
through the IPHC. These measures include the sport fishery allocations 
and management measures for Area 2A. These actions are intended to 
conserve Pacific halibut, provide angler opportunity where available, 
and minimize bycatch of overfished groundfish species.

DATES: Comments on the proposed changes to the Plan and on the proposed 
domestic Area 2A halibut management measures must be received by March 
5, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0159, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0159, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments
    <bullet> Mail: Submit written comments to William Stelle, Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070.
    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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.),

[[Page 5720]]

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). Attachments to electronic comments will 
be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: 206-526-4646, 
fax: 206-526-6736, or email: <a href="/cdn-cgi/l/email-protection#fa899b889b92d48d939696939b9789ba94959b9bd49d958c"><span class="__cf_email__" data-cfemail="1162706370793f66787d7d78707c62517f7e70703f767e67">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the 
NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html and at the Council's Web site at http://www.pcouncil.org.

Background

    The Northern Pacific Halibut Act (Halibut Act) of 1982, 16 U.S.C. 
773-773K, gives the Secretary of Commerce (Secretary) general 
responsibility for implementing the provisions of the Halibut 
Convention between the United States and Canada (Halibut Convention) 
(16 U.S.C. 773c). It requires the Secretary to adopt regulations as may 
be necessary to carry out the purposes and objectives of the Halibut 
Convention and the Halibut Act. Section 773c of the Halibut Act also 
authorizes the regional fishery management councils to develop 
regulations in addition to, but not in conflict with, regulations of 
the IPHC to govern the Pacific halibut catch in their corresponding 
U.S. Convention waters.
    Each year between 1988 and 1995, the Pacific Fishery Management 
Council (Council) developed and NMFS implemented a catch sharing plan 
in accordance with the Halibut Act to allocate the total allowable 
catch (TAC) of Pacific halibut between treaty Indian and non-Indian 
harvesters and among non-Indian commercial and sport fisheries in Area 
2A. In 1995, NMFS implemented the Pacific Council-recommended long-term 
Plan (60 FR 14651, March 20, 1995). Every year since then, minor 
revisions to the Plan have been made to adjust for the changing needs 
of the fisheries.
    For 2015, the Council recommended changes to the non-Indian fishery 
allocations to increase the California sport allocation. The 2015 Plan 
recommended by the Council and proposed to be approved by NMFS, 
allocates 35 percent of the Area 2A Pacific halibut TAC to Washington 
treaty Indian tribes in Subarea 2A-1, and 65 percent of the Area 2A TAC 
to non-tribal fisheries. The non-tribal allocation is divided into four 
separate allocations, which are proposed to be modified for 2015 by 
reducing the Washington and Oregon sport and commercial allocations 
each by one percent and increasing the California sport allocation by 3 
percent. The shares are proposed to be as follows: The Washington sport 
fishery (north of the Columbia River) receives 35.6 percent, the Oregon 
sport fishery receives 29.7 percent (south of the Columbia River), the 
California sport fishery receives 4.0 percent, and the commercial 
fishery receives 30.7 percent. The commercial fishery is further 
divided into a directed commercial fishery allocated 85 percent of the 
commercial allocation, and incidental catch in the salmon troll fishery 
that is allocated 15 percent of the commercial allocation. The directed 
commercial fishery in Area 2A is confined to southern Washington (south 
of 46[deg]53.30' N. lat.), Oregon, and California. North of 
46[deg]53.30' N. lat. (Pt. Chehalis), the Plan allows for incidental 
halibut retention in the sablefish primary fishery when the overall 
Area 2A TAC is above 900,000 lb (408.2 mt). The Plan also divides the 
sport fisheries into seven geographic subareas, each with separate 
allocations, seasons, and bag limits. The subarea allocations will be 
included in the final rule for this action after the IPHC has 
determined the final TAC at their annual meeting January 26-30, 2015. 
Therefore, this rule does not include subarea allocations, but does 
contain some dates for the sport fisheries based on the 2015 Plan as 
recommended by the Council.
Incidental Halibut Retention in the Sablefish Primary Fishery North of 
Pt. Chehalis, WA
    The Plan provides that incidental halibut retention in the 
sablefish primary fishery north of Pt. Chehalis, WA, will be allowed 
when the Area 2A TAC is greater than 900,000 lb (408.2 mt), provided 
that a minimum of 10,000 lb (4.5 mt) is available above a Washington 
recreational TAC of 214,100 lb (97.1 mt). If the TAC is sufficient, the 
Council will recommend landing restrictions for public review at its 
March 2015 meeting and make final recommendations at its April 2015 
meeting. Following this meeting, NMFS will publish the restrictions in 
the Federal Register.

Opportunity for Public Comment

    Through this proposed rule, NMFS requests public comments on the 
Pacific Council's recommended modifications to the Plan and the 
resulting proposed domestic fishing regulations by March 5, 2015. The 
States of Washington, Oregon, and California will conduct public 
workshops shortly to obtain input on the sport season dates. Following 
the proposed rule comment period, NMFS will review public comments and 
comments from the states, and issue a final rule. Either that final 
rule or an additional rule will include the IPHC regulations and 
regulations for the West Coast and Alaska.

Proposed Changes to the Plan

    Each year, the Washington Department of Fish and Wildlife (WDFW), 
Oregon Department of Fish and Wildlife (ODFW), California Department of 
Fish and Game (CDFG), and the tribes with treaty fishing rights for 
halibut consider whether to pursue changes to the Plan to meet the 
needs of the fishery. In determining whether changes are needed, the 
state agencies hold public meetings prior to the Council's September 
meeting. Subsequently, they recommend changes to the Council at its 
September meeting. In 2014, fishery managers from all three state 
agencies held public meetings on the Plan prior to the Council's 
September meeting. At the September 2014 Council meeting, NMFS, WDFW, 
ODFW, and CDFW recommended changes to the Plan and codified 
regulations. The tribes did not recommend any changes to the Plan or 
regulations. The Council voted to solicit public input on all of the 
changes recommended by the state agencies, several of which were 
presented in the form of alternatives. WDFW and ODFW subsequently held 
public workshops on the recommended changes.
    At its November 14-19, 2014, meeting the Council considered the 
results of state-sponsored workshops on the recommended changes to the 
Plan and public input provided at the September and November Council 
meetings, and made its final recommendations for modifications to the 
Plan. NMFS proposes to adopt all of the Council's recommended changes 
to the Plan as further discussed below. NMFS also proposed to make a 
minor change to the codified regulations to update a reference to a 
NMFS regional office.

Changes to the Plan

    1. In section (b), Allocations, this rule proposes several changes 
to the non-

[[Page 5721]]

Indian allocations. The California sport fishery allocation is 
increased from 1 to 4 percent by reducing the Washington and Oregon 
sport and commercial allocations each by 1 percent. The goal of this 
change is to provide California with an allocation that is closer to 
recent effort levels while not substantially reducing the remaining 
non-Indian allocations.
    2. In section (e)(2), NMFS proposes to remove a reference to the 
``fall salmon troll fisheries'' as a trigger for the rollover of quota 
from the directed halibut fishery to the incidental salmon troll 
fishery because there is no ``fall'' salmon fishery.
    3. In section (f)(1)(iv), Columbia River subarea, this rule 
proposes four changes. The allocation to this area is comprised of 
contributions from the Washington and Oregon sport allocations. The 
first change proposed in this rule would modify the Oregon contribution 
from an amount equal to the Washington contribution to 2.3 percent of 
the overall Oregon sport allocation. The goal of this change is to 
better comport with recent fishing effort off Oregon. Second, this rule 
proposes to make the nearshore fishery allocation 500 pounds to better 
reflect recent effort in the nearshore fishery. Third, the separation 
of quota into an early and late season is removed to allow for a 
continuous season. The goal of this change is to have the entire 
subarea quota available in the early part of the season when effort is 
generally higher allowing for full attainment of the subarea 
allocation. In previous years, quota reserved for the late season has 
not been used because of low effort late in the season. Fourth, 
flatfish are added to the list of species that may be retained and 
landed with halibut allowing flatfish species that share habitat with 
halibut to be landed rather than discarded, to reduce waste.
    4. In section (f)(1)(v), Oregon central coast subarea, this rule 
proposes several changes to the text to implement several measures. 
First, there is a change to clarify that the allocation to this area is 
96 percent of the Oregon sport allocation after the allocation to the 
Columbia River subarea has been subtracted. Second, incidental flatfish 
retention is added to this area consistent with the change in the 
Columbia River subarea. Third, the spring all depth season allocation 
is modified from 61 to 63 percent of the Central Coast allocation to 
better reflect recent effort in the spring all depth season. Fourth, 
the provision that allocated a percentage of the spring fishery 
allocation to the Southern Oregon subarea is removed and the Southern 
Oregon subarea allocation is derived from the overall Oregon sport 
allocation, after the Columbia River allocation has been removed.
    5. In section (f)(1)(vi), Southern Oregon subarea, this rule 
proposes changes to the allocations for this subarea. The allocation is 
modified from 2 to 4 percent of the Oregon sport allocation after the 
Columbia River allocation has been subtracted, to better reflect recent 
effort.
    6. In section (f)(1)(vii), California subarea, several changes are 
proposed to allocations and inseason management. First, the allocation 
to this subarea is modified from 1 to 4 percent of the non-Indian 
allocation to allow increased opportunity closer to recent effort 
levels in the area. Second, the structure of the fishery is modified 
from a multi-month 7-day-a-week fishery to a fishery that will be open 
7 days a week, when open, with season dates recommended by CDFW 
preseason based on projected catch to attain the subarea allocation. 
Additionally, provisions allowing for inseason action are added for 
this subarea. The inseason procedures described for this subarea are 
identical to the inseason provisions used in the Washington and Oregon 
subareas.
    7. In various sections of the Plan, the term ``Northwest Region'' 
is changed to ``West Coast Region'', to reflect the recent merger of 
NMFS offices.
    NMFS proposes to approve the Council's recommendations and to 
implement the changes described above. A version of the Plan including 
these changes can be found at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html.

Changes to the Regulations

    In the regulations at 50 CFR 300.63, the term ``Northwest Region'' 
is proposed to be changed to ``West Coast Region'', to reflect the 
recent merger of NMFS offices.

Proposed 2015 Sport Fishery Management Measures

    NMFS also proposes sport fishery management measures, including 
season dates and bag limits, that are necessary to implement the Plan 
in 2015. The annual domestic management measures are published each 
year through a final rule. For the 2014 fishing season, the final rule 
for Area 2A sport fisheries was published on April 4, 2014 (79 FR 
18827) and the final rule for the commercial fisheries was published on 
March 12, 2014 (79 FR 13906) along with the IPHC regulations. 
Therefore, the section numbers for the commercial fisheries below refer 
to sections in the March 4 final rule, and the section numbers for the 
recreational fisheries refer to sections in the April 4 final rule. 
Where season dates are not indicated, those dates will be provided in 
the final rule, following consideration of the 2015 TAC and 
consultation with the states and the public.
    In Section 8 of the annual domestic management measures published 
on March 12, 2014, ``Fishing Periods,'' paragraphs (2), (3), and (4) 
are proposed to read as follows:
    (1) * * *
    (2) Each fishing period in the Area 2A directed fishery shall begin 
at 0800 hours and terminate at 1800 hours local time on (season dates 
will be inserted when final rule is published), unless the Commission 
specifies otherwise.
    (3) Notwithstanding paragraph (7) of section 11, an incidental 
catch fishery is authorized during the sablefish seasons in Area 2A in 
accordance with regulations promulgated by NMFS. This fishery will 
occur between 1200 hours local time on (season date will be inserted 
when final rule is published, if TAC is sufficient to allow incidental 
retention per Plan provisions).
    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, 
an incidental catch fishery is authorized during salmon troll seasons 
in Area 2A in accordance with regulations promulgated by NMFS. This 
fishery will occur between 1200 hours local time on (season dates will 
be inserted when final rule is published).
    In section 26 of the annual domestic management measures published 
in the April 4, 2014, final rule, ``Sport Fishing for Halibut,'' 
paragraph 1(a)-(b) will be updated with 2015 total allowable catch 
limits in the final rule. In section 26 of the annual domestic 
management measures, ``Sport Fishing for Halibut'' paragraph (8) is 
proposed to read as follows:
    (8) * * *
    (a) The area in Puget Sound and the U.S. waters in the Strait of 
Juan de Fuca, east of a line extending from 48[deg]17.30' N. lat., 
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., is not managed in-season relative to its quota. This area is 
managed by setting a season that is projected to result in a catch of 
(subarea allocations will be inserted when final rule publishes).
    (i) The fishing season in eastern and western Puget Sound (east and 
west of 123[deg]49.50' W. long., Low Point) is (season dates will be 
inserted when final rule is published).
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (b) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in

[[Page 5722]]

paragraph (2)(a) of section 26 and north of the Queets River 
(47[deg]31.70' N. lat.), is (subarea allocations will be inserted when 
final rule publishes).
    (i) The fishing seasons are:
    (A) Commencing on May 14 and continuing 2 days a week (Thursday and 
Saturday) until (subarea allocations will be inserted when final rule 
publishes) are estimated to have been taken and the season is closed by 
the Commission, or until May 23.
    (B) If sufficient quota remains the fishery will reopen on June 4 
and/or June 6, continuing 2 days per week (Thursday and Saturday) until 
there is not sufficient quota for another full day of fishing and the 
area is closed by the Commission. After May 23, any fishery opening 
will be announced on the NMFS hotline at 800-662-9825. No halibut 
fishing will be allowed after May 23 unless the date is announced on 
the NMFS hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing in the North 
Coast Recreational YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the North Coast Recreational 
YRCA with or without halibut on board. The North Coast Recreational 
YRCA is a C-shaped area off the northern Washington coast intended to 
protect yelloweye rockfish. The North Coast Recreational YRCA is 
defined in groundfish regulations at Sec.  660.70(a).
    (c) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.), and Leadbetter Point, WA 
(46[deg]38.17' N. lat.), is (subarea allocations will be inserted when 
final rule publishes).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47[deg]31.70' N. lat. south to 46[deg]58.00' 
N. lat. and east of a boundary line approximating the 30 fm depth 
contour. This area is defined by straight lines connecting all of the 
following points in the order stated as described by the following 
coordinates (the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N. lat, 124[deg]37.03' W. long;
    (2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
    (3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
    (4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 
(subarea allocations for the primary and nearshore fisheries will be 
inserted when final rule publishes). The primary fishery commences on 
May 3, and continues 2 days a week (Sunday and Tuesday) until May 19. 
If the primary quota is projected to be obtained sooner than expected, 
the management closure may occur earlier. Beginning on May 31 the 
primary fishery will be open at most 2 days per week (Sunday and/or 
Tuesday) until the quota for the south coast subarea primary fishery is 
taken and the season is closed by the Commission, or until September 
30, whichever is earlier. The fishing season in the nearshore area 
commences on May 3, and continues 7 days per week. Subsequent to 
closure of the primary fishery, the nearshore fishery is open 7 days 
per week, until (subarea allocations will be inserted when final rule 
publishes) is projected to be taken by the two fisheries combined and 
the fishery is closed by the Commission or September 30, whichever is 
earlier. If the fishery is closed prior to September 30, and there is 
insufficient quota remaining to reopen the northern nearshore area for 
another fishing day, then any remaining quota may be transferred in-
season to another Washington coastal subarea by NMFS via an update to 
the recreational halibut hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be 
taken, retained and possessed when allowed by groundfish regulations at 
50 CFR 660.360, subpart G.
    (iv) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is 
defined at 50 CFR 660.70(e).
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.), and Cape Falcon, OR 
(45[deg]46.00' N. lat.), is (subarea allocations will be inserted when 
final rule publishes).
    (i) This subarea is divided into an all-depth fishery and a 
nearshore fishery. The nearshore fishery is allocated 500 pounds of the 
subarea allocation. The nearshore fishery is restricted to the area 
shoreward of the boundary line approximating the 30 fm (55 m) depth 
contour from Leadbetter Point to the Washington/Oregon border and the 
boundary line approximating the 40 fm (73 m) depth contour in Oregon. 
The nearshore fishery opens May 4, and continues 3 days per week 
(Monday--Wednesday) until the nearshore allocation is taken, or 
September 30, whichever is earlier. The all depth fishing season 
commences on May 1, and continues 4 days a week (Thursday--Sunday) 
until (subarea allocations will be inserted when final rule publishes) 
are estimated to have been taken and the season is closed by the 
Commission, whichever is earlier. Subsequent to this closure, if there 
is insufficient quota remaining in the Columbia River subarea for 
another fishing day, then any remaining quota may be transferred 
inseason to another Washington and/or Oregon subarea by NMFS via an 
update to the recreational halibut hotline. Any remaining quota would 
be transferred to each state in proportion to its contribution.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Pacific Coast groundfish may not be taken and retained, 
possessed or landed, except sablefish, Pacific cod, and flatfish 
species when allowed by Pacific Coast groundfish regulations, when 
halibut are on board the vessel, during days open to the all depth 
fishery only.
    (iv) Taking, retaining, possessing, or landing halibut on 
groundfish trips is only allowed in the nearshore area on days not open 
to all-depth Pacific halibut fisheries.
    (e) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.), is (subarea allocations will be inserted when 
final rule publishes).
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences July 
1, and continues 7 days a week, in the area

[[Page 5723]]

shoreward of a boundary line approximating the 40-fm (73-m) depth 
contour, or until the sub-quota for the central Oregon ``inside 40-fm'' 
fishery of (subarea allocations will be inserted when final rule 
publishes), or any in-season revised subquota, is estimated to have 
been taken and the season is closed by the Commission, whichever is 
earlier. The boundary line approximating the 40-fm (73-m) depth contour 
between 45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is defined at 
Sec.  660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open (season dates will be inserted when final rule 
is published). The projected catch for this season is (subarea 
allocations will be inserted when final rule publishes). If sufficient 
unharvested quota remains for additional fishing days, the season will 
re-open. Depending on the amount of unharvested quota available, the 
potential season re-opening dates will be: (season dates will be 
inserted when final rule is published). If NMFS decides inseason to 
allow fishing on any of these re-opening dates, notice of the re-
opening will be announced on the NMFS hotline (206) 526-6667 or (800) 
662-9825. No halibut fishing will be allowed on the re-opening dates 
unless the date is announced on the NMFS hotline.
    (C) If sufficient unharvested quota remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be 
(season dates will be inserted when final rule is published) or until 
the combined spring season and summer season quotas in the area between 
Cape Falcon and Humbug Mountain, OR, are estimated to have been taken 
and the area is closed by the Commission, or October 31, whichever is 
earlier. NMFS will announce on the NMFS hotline in July whether the 
fishery will re-open for the summer season in August. No halibut 
fishing will be allowed in the summer season fishery unless the dates 
are announced on the NMFS hotline. Additional fishing days may be 
opened if sufficient quota remains after the last day of the first 
scheduled open period on (insert date of last open period). If, after 
this date, an amount greater than or equal to 60,000 lb (27.2 mt) 
remains in the combined all-depth and inside 40-fm (73-m) quota, the 
fishery may re-open every Friday and Saturday, beginning (insert date 
of first back up dates) and ending October 31. If after September 7, an 
amount greater than or equal to 30,000 lb (13.6 mt) remains in the 
combined all-depth and inside 40-fm (73-m) quota, and the fishery is 
not already open every Friday and Saturday, the fishery may re-open 
every Friday and Saturday, beginning September 5 and 6, and ending 
October 31. After September 7, the bag limit may be increased to two 
fish of any size per person, per day. NMFS will announce on the NMFS 
hotline whether the summer all-depth fishery will be open on such 
additional fishing days, what days the fishery will be open and what 
the bag limit is.
    (ii) The daily bag limit is one halibut of any size per day per 
person, unless otherwise specified. NMFS will announce on the NMFS 
hotline any bag limit changes.
    (iii) During days open to all-depth halibut fishing, no Pacific 
Coast groundfish may be taken and retained, possessed or landed, except 
sablefish, Pacific cod, and flatfish species, when allowed by Pacific 
Coast groundfish regulations, if halibut are on board the vessel.
    (iv) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only shoreward of a boundary line approximating 
the 40-fm (73-m) depth contour, halibut possession and retention by 
vessels operating seaward of a boundary line approximating the 40-fm 
(73-m) depth contour is prohibited.
    (v) Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land halibut taken with 
recreational gear within the Stonewall Bank YRCA. A vessel fishing in 
the Stonewall Bank YRCA may not possess any halibut. Recreational 
vessels may transit through the Stonewall Bank YRCA with or without 
halibut on board. The Stonewall Bank YRCA is an area off central 
Oregon, near Stonewall Bank, intended to protect yelloweye rockfish. 
The Stonewall Bank YRCA is defined at Sec.  660.70(f).
    (f) The quota for landings into ports in the area south of Humbug 
Mountain, OR (42[deg] 40.50' N. lat.) to the Oregon/California Border 
(42[deg] 00.00' N. lat.) is (subarea allocations will be inserted when 
final rule publishes).
    (i) The fishing season commences on May 1, and continues 7 days per 
week until the subquota is taken, or October 31, whichever is earlier.
    (ii) The daily bag limit is one halibut per person with no size 
limit.
    (g) The quota for landings into ports south of the Oregon/
California Border (42[deg] 00.00' N. lat.) and along the California 
coast is (subarea allocations will be inserted when final rule 
publishes).
    (i) The fishing season will be open (season dates will be inserted 
when final rule is published).
    (ii) The daily bag limit is one halibut of any size per day per 
person.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 of the Northern Pacific Halibut Act of 1982 
(Halibut Act, 16 U.S.C. 773c) provides the Secretary of Commerce with 
the general responsibility to carry out the Convention between Canada 
and the United States for the management of Pacific halibut, including 
the authority to adopt regulations as may be necessary to carry out the 
purposes and objectives of the Convention and Halibut Act. This 
proposed rule is consistent with the Secretary of Commerce's authority 
under the Halibut Act.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 603 et seq., 
requires government agencies to assess the effects that regulatory 
alternatives would have on small entities, including small businesses, 
and to determine ways to minimize those effects. When an agency 
proposes regulations, the RFA requires the agency to prepare and make 
available for public comment an Initial Regulatory Flexibility Analysis 
(IRFA) that describes the impact on small businesses, non-profit 
enterprises, local governments, and other small entities. The IRFA is 
to aid the agency in considering all reasonable regulatory alternatives 
that would minimize the economic impact on affected small entities. 
After the public comment period, the agency prepares a Final Regulatory 
Flexibility Analysis (FRFA) that takes into consideration any new 
information or public comments. A summary of the IRFA is provided 
below. The reasons why action by the agency is being considered, the 
objectives and legal basis for this rule are described above.
    The main management objective for the Pacific halibut fishery in 
Area 2A is to manage fisheries to remain within the TAC for Area 2A. 
Another main objective is to allow each commercial, recreational 
(sport), and tribal fishery to target halibut in the manner that is 
appropriate to meet both the conservation requirements for species that 
co-occur with Pacific halibut. A third main objective is to meet the 
needs

[[Page 5724]]

of fishery participants in particular fisheries and fishing areas.
    Each year, the states of Washington, Oregon, California, and the 
treaty tribes that fish for halibut meet with their fishery 
participants to review halibut management under the Plan. Based on 
feedback from these meetings and experience from the previous year's 
fishing season, the states or the tribes may propose changes to the 
Plan. Proposed changes to the Plan are intended to remedy any problems 
encountered during the previous year's management, problems with other 
fisheries with overlapping management jurisdiction (i.e., Pacific Coast 
groundfish), or other anticipated problems. For 2015, the Pacific 
Council recommended changes to the Plan that affect the recreational 
(sport) and commercial fisheries. In this rule, NMFS proposes to adopt 
the Council's recommended changes to the Plan, revise the annual sport 
fishery measures to reflect the changes to the Plan and update them 
with 2015 dates, and make changes to the codified regulations to update 
references to NMFS regional offices to reflect a recent NMFS merger. 
Final allocations will be included in the final rule for this action 
following the final TAC decision by the IPHC. The proposed changes do 
not affect the tribal fisheries.

Changes to the Plan

    The 2A Halibut Catch Sharing Plan, as outlined above, allocates the 
TAC at various levels. The commercial fishery is further divided into a 
directed commercial fishery that is allocated 85 percent of the 
commercial allocation of the Pacific halibut TAC, and incidental catch 
in the salmon troll fishery that is allocated 15 percent of the 
commercial allocation. The directed commercial fishery in Area 2A is 
confined to southern Washington (south of 46[deg]53.30' N. lat.), 
Oregon, and California. North of 46[deg]53.30' N. lat. (Pt. Chehalis), 
the Plan allows for incidental halibut retention in the sablefish 
primary fishery when the overall Area 2A TAC is above 900,000 lb (408.2 
mt). The Plan also divides the sport fisheries into seven geographic 
subareas, each with separate allocations, seasons, and bag limits. The 
non-tribal allocation is divided into four shares. At the first level, 
there are specific percentage allocations for tribal and non-tribal 
fisheries. The non-tribal portion is then allocated to commercial 
components and to recreational components. The commercial component is 
then apportioned into directed, incidental troll, and incidental 
sablefish fisheries. The recreational portions for Oregon and 
Washington are furthered apportioned into area subquotas and these 
subquotas are further split into seasonal or depth fisheries (nearshore 
vs all depths). There may be gear restrictions and other management 
measures established as necessary to minimize the potential for the 
allocations to be exceeded.
    At the September meeting, the Council adopted a range of Plan 
alternatives for public review. For 2015, the Council adopted two types 
of Plan changes that are discussed separately below. The first were the 
routine recreational fishery adjustments proposed by the states each 
year to accommodate the needs of their fisheries. The second were 
allocation changes to both the non-treaty commercial and recreational 
fisheries in order to increase the California allocation. The Council 
made final Plan change recommendations from this range at its November 
meeting.
    For the non-allocation Plan changes the Council considered changes 
to the Columbia River, Oregon Central Coast, Southern Oregon, and 
California subareas. For the Columbia River subarea the Council 
considered: (1) Status quo seasonal management in a spring and summer 
fishery and one alternative which removes the seasonal split in the 
Columbia River subarea to allow for a single continuous season, (2) 
status quo allocation contributions from Washington and Oregon in equal 
amounts and one alternative that modifies the Oregon contribution to 
the Columbia River subarea to 2.3 percent of the Oregon sport 
allocation, (3) status quo nearshore fishery allocation of 1,500 pounds 
and one alternative that modifies the Columbia River nearshore area 
allocation to 500 pounds. The Council recommended and NMFS proposes 
each of the alternatives for the Columbia River subarea. For the Oregon 
Central Coast subarea the Council considered three all-depth season 
structures and modifications to the allocation from the Oregon Central 
Coast spring fishery to the Southern Oregon subarea. For the season 
structure, the Council considered three alternatives. Status quo, 
separate spring and summer seasons; Alternative 1a which would combine 
the spring and summer season and open the fishery on May 1; and 
Alternative 1b which is the same as 1a, except begin on the first 
weekend in May that avoid negative tides. For the allocation change the 
Council considered: status quo, which allocates a portion of the spring 
fishery to the Southern Oregon subarea and one alternative which 
allocates a portion of the overall Oregon Central Coast subarea 
allocation to the Southern Oregon subarea. The Council recommended and 
NMFS proposes the status quo alternative for the season structure and 
the one alternative for the allocation to the Southern Oregon subarea. 
For the Southern Oregon subarea the Council considered three 
alternative season dates. Status quo, opening May 1, seven days per 
week; Alternative 1, open June 1, seven days per week; and Alternative 
2, open July 1 seven days per week. The Council recommended and NMFS 
proposes the status quo alternative. In the Columbia River and Central 
Oregon Coast subareas the Council considered three alternatives to 
incidental groundfish retention allowances. Status quo, only Pacific 
cod and sablefish are allowed; Alternative 1 revise the bottomfish 
restrictions such that all groundfish except rockfish and lingcod would 
be allowed when halibut are onboard; and Alternative 2 revise the 
bottomfish restrictions such that other flatfish, in addition to 
Pacific cod and sablefish, would be allowed when halibut are onboard. 
The Council recommended and NMFS proposes Alternative 2. For the 
California subarea, the Council considered three alternatives. Status 
quo, fixed season open May 1-July 31 and September 1-October 31, no 
inseason adjustment; Alternative 1, one month season between May 1 and 
October 31, to be determined preseason, with inseason adjustment as 
needed; Alternative 2, 15 consecutive day season between May 1 and 
October 31, to be determined preseason, with inseason adjustment as 
needed. The Council recommended and NMFS proposes a modified 
Alternative which allows for a seven day a week fishery, that will be 
determined preseason through joint consultation between NMFS and CDFW, 
and allows for inseason adjustment as necessary. No alternatives were 
considered for the NMFS recommended changes because they are 
administrative in nature and simply update the name of the Region from 
Northwest to West Coast.
    The changes to the Columbia River subarea allocations and 
incidentally landed species allowances are expected to increase 
recreational opportunities by shifting underutilized fishery allocation 
from the late to the early part of the season when effort is higher and 
by turning previously discarded incidental flatfish catch into landed 
catch. Changes to the Oregon Central Coast subarea allocation and 
incidentally landed species are expected to prolong seasons and 
increase the total number of fishing days and are expected to increase 
recreational opportunities by turning

[[Page 5725]]

previously discarded incidental catch into landed catch. None of these 
changes are controversial and none are expected to result in 
substantial environmental or economic impacts. These actions are 
intended to enhance the conservation of Pacific halibut, to provide 
angler opportunity where available, and to protect overfished 
groundfish species from incidental catch in the halibut fisheries. 
Because the goal of the proposed action is to maximize angler 
participation and thus to maximize the economic benefits of the 
fishery, NMFS did not analyze alternatives to the above changes to the 
Plan other than the proposed changes and the status quo for purposes of 
the IRFA. Status quo would be the 2014 Plan applied to the 2015 TAC. 
Effects of the status quo and the proposed changes are similar because 
the changes to the Plan for 2015 are not substantially different from 
the 2015 Plan. The propose changes to the Plan are not expected to have 
a significant impact on a substantial number of small entities.

Changes to Allocations

    The Small Business Administration defines a ``small'' harvesting 
business as one with annual receipts, not in excess of $20.5 million. 
For related fish-processing businesses, a small business is one that 
employs 500 or fewer persons. For wholesale businesses, a small 
business is one that employs not more than 100 people. For marinas and 
charter/party boats, a small business is one with annual receipts, not 
in excess of $7.5 million. This rule directly affects charterboat 
operations, and participants in the non-treaty directed commercial 
fishery off the coast of Washington, Oregon, and California. Applying 
the SBA's size standard for small businesses, NMFS considers all of the 
charterboat operations and participants in the non-treaty directed 
commercial fishery affected by this action as small businesses.
    This analysis continues the main conclusions developed in previous 
analyses that charterboats and the non-treaty directed commercial 
fishing vessels are small businesses (See 77 FR 5477 (Feb 3, 2012) and 
76 FR 2876 (Jan 18, 2011). In 2014, 591 vessels were issued IPHC 
licenses to retain halibut. IPHC issues licenses for: the directed 
commercial fishery and the incidental fishery in the sablefish primary 
fishery in Area 2A (166 licenses in 2014); incidental halibut caught in 
the salmon troll fishery (425 licenses in 2014); and the charterboat 
fleet (127 licenses in 2013, the most recent year available). No vessel 
may participate in more than one of these three fisheries per year. 
These license estimates overstate the number of vessels that 
participate in the fishery. IPHC estimates that 60 vessels participated 
in the directed commercial fishery, 100 vessels in the incidental 
commercial (salmon) fishery, and 13 vessels in the incidental 
commercial (sablefish) fishery. Recent information on charterboat 
activity is not available, prior analysis indicated that 60 percent of 
the IPHC charterboat license holders may be affected by these 
regulations.
    In response to the growing California sport fishery, for 2014, a 
specific recreational subquota was created--1% of the non-tribal quota 
or 6,240 lbs. In prior years, the California fishery was a portion of 
the Southern Oregon/Northern California subquota. Preliminary catch 
data show that the California fishery has taken 31,226 lbs, five times 
the California subquota. Because the 2014 subquota was insuffiencent to 
meet the growth in the California fishery, the Council reviewed six 
alternatives that allocate halibut to the various sectors differently 
between the sectors depending on the size of the TAC. Status Quo: The 
non-treaty allocation is apportioned according to the 2014 CSP: 
Washington sport (36.60%), Oregon sport (30.70%), California sport 
(1.00%), and commercial (31.70%). Alternative 1: Maintain allocations 
as described in the CSP (Status Quo), except increase the California 
sport allocation by two percent, for a total California sport 
allocation of three percent, by reducing the non-treaty commercial 
fishery share. Alternative 2, Option A: Same allocations as described 
in Alternative 1 when the 2A TAC is one million pounds or less. When 
the 2A TAC is above one million pounds, the California sport allocation 
would increase by an additional one percent, for a total California 
sport allocation of four percent, by reducing the non-treaty commercial 
fishery share. Alternative 2, Option B: Same allocations as described 
in Alternative 1 when the 2A TAC is one million pounds or less. When 
the 2A TAC is greater than one million pounds, the first one million 
pounds of the 2A TAC shall be distributed according to the Alternative 
1 allocations. For the portion of the 2A TAC that exceeds one million 
pounds, the California sport allocation would increase to 30-50 percent 
of the non-treaty share, and allocation percentages for the non-treaty 
commercial and recreational (Washington and Oregon) would be reduced to 
remain proportional to the status quo non-treaty shares. Alternative 3: 
Increase the California sport allocation by two percent, for a total 
California sport allocation of three percent, when the 2A TAC is less 
than one million pounds by reducing the three major non-treaty group 
allocations (i.e., Washington sport, Oregon sport, and commercial). 
When the 2A TAC is greater than one million pounds, the first one 
million pounds of the 2A TAC shall be distributed according to the 
Alternative 3 allocations. For the portion of the 2A TAC that exceeds 
one million pounds, the California sport allocation would increase to 
four percent of the non-treaty share by reducing the three major non-
treaty group allocations. Alternative 4: Increase the California sport 
share by three percent, for a total allocation of four percent, when 
the 2A TAC is less than one million pounds by reducing the three major 
non-treaty group allocations. When the 2A TAC is greater than one 
million pounds, the first one million pounds of the 2A TAC shall be 
distributed according to the Alternative 4 allocations. For the portion 
of the 2A TAC that exceeds one million pounds, the California sport 
allocation would increase to five percent of the non-treaty share by 
reducing the three major non-treaty group allocations. Alternative 5: 
Increase the California sport share by four percent, for a total 
allocation of five percent, when the 2A TAC is less than one million 
pounds by reducing the three major non-treaty group allocations. When 
the 2A TAC is greater than one million pounds, the first one million 
pounds of the 2A TAC shall be distributed according to the Alternative 
5 allocations. For the portion of the 2A TAC that exceeds one million 
pounds, the California sport allocation would increase to six percent 
of the non-treaty share by reducing the three major non-treaty group 
allocations. In addition to modifying the commercial and recreational 
fisheries allocations, suboptions within the allocation alternatives 
were evaluated for when the TAC is expected to be greater than one 
million pounds to cap the California allocation. These caps were 
designed to cap the California allocation to a level that the fishery 
could reasonably be expected to harvest in order to not strand pounds, 
therefore, making them unavailable to other fisheries. However, a one 
million pound TAC is a level the fishery has not experienced in recent 
years nor is it anticipated for the near term future. In response to 
the growing California sport fishery, the 2014 Plan included a specific 
recreational subquota of 1% of the non-tribal quota or 6,240 lbs. Prior 
to 2014, the California fishery was a portion of the Southern Oregon/
Northern California subquota.

[[Page 5726]]

Preliminary catch data show that the California fishery has taken 
31,226 lbs, five times the 2014 California subquota.
    For 2015, the Council has recommended and NMFS proposes to approve 
and implement Alternative 4 (the preferred alternative). For 2015, the 
Council recommended to increase the California recreational fishery 
allocation to 4% of the non-tribal allocation by reducing the 
Washington and Oregon sport and commercial allocations each by 1 
percent. This modification is intended to provide an allocation to 
California that better matches recent effort. The CDFW has also 
committed to increased inseason monitoring in collaboration with NMFS. 
Pacific halibut sport fisheries in California have exceeded the 
allocation in recent years and therefore the goal of increased inseason 
monitoring and action, as necessary, is to keep the subarea within its 
allocation. Further, instead of a fixed season, CDFW will recommend to 
NMFS, similar to subareas in Washington and Oregon, a season length 
based on expected catch to attain the subarea quota. If the status quo 
is maintained, the California fishery is likely to continue to exceed 
its quota and suffer an early shutdown. Under the status quo 
alternative, the overall halibut TAC will run the risk of being 
exceeded, and therefore it was not selected. Alternatives 1, 2, and 3 
provide increases to the recreational fishery based on decreasing the 
commercial quota by 2 percent. Alternative 5 increases the California 
subquota by 4 percent by reducing the Oregon and Washington subquota 
and the non-tribal commercial quota. While this favors the California 
fishery, it is at the expense of too large of a reduction in the other 
fisheries, and therefore it was not selected.
    Under Alternative 4, the preferred alternative, the increase of 3% 
to the California subquota comes from reducing the WA sport quota by 
1%, the Oregon sport quota by 1%, and the non-tribal commercial quota 
by 1%. The overall effect is a shift of 1% reduction of the non-tribal 
commercial directed quota to the total sport quota allocation. From an 
economic perspective, it is unclear whether this shift is negative or 
positive given available analyses. However the overall economic effects 
of this shift is small as the potential loss of about $300,000 in ex-
vessel revenues must be weighed by the gain of increased charterboat 
recreational activities.
    There are no projected reporting or recordkeeping requirements 
associated with this action.
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this action.
    Pursuant to Executive Order 13175, the Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. Section 302(b)(5) of the 
Magnuson-Stevens Fishery Conservation and Management Act establishes a 
seat on the Pacific Council for a representative of an Indian tribe 
with federally recognized fishing rights from California, Oregon, 
Washington, or Idaho.
    The U.S. Government formally recognizes that the 13 Washington 
Tribes have treaty rights to fish for Pacific halibut. In general 
terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed fishing areas (described at 50 CFR 300.64). Each of the 
treaty tribes has the discretion to administer their fisheries and to 
establish their own policies to achieve program objectives. 
Accordingly, tribal allocations and regulations, including the proposed 
changes to the Plan, have been developed in consultation with the 
affected tribe(s) and, insofar as possible, with tribal consensus.
    In 2014, a Biological Opinion (BiOp) was completed for the 2014-
2016 Area 2A Pacific Halibut Catch Sharing Plan. The BiOp concluded 
that the continuing implementation of the Plan was not likely to 
adversely affect southern resident killer whales, leatherback sea 
turtles, humpack whales, blue whales, fin whales, Guadalupe fur seals, 
north Pacific right whales, sei whales, sperm whales, and steller sea 
lions. Further the BiOp concluded that continuing implementation of the 
Plan was likely to adversely affect but not likely to jeopardize Puget 
Sound/Georgia basin bocaccio, canary rockfish, and yelloweye rockfish, 
southern green sturgeon, lower Columbia River Chinook, and Puget Sound 
Chinook. The BiOp also concluded that the continued implementation of 
the Plan was not likely to adversely modify critical habitat of 
southern resident killer whales, leatherback sea turtles, Puget Sound/
Georgia basin bocaccio, canary rockfish, and yelloweye rockfish, 
southern green sturgeon, lower Columbia River Chinook, and Puget Sound 
Chinook. Because the halibut fishery does not overlap with the critical 
habitat for the remaining listed species it was determined that, an 
evaluation of the effects on critical habitat was not applicable. 
Finally, in a letter dated March 12, 2014, NMFS determined that fishing 
activities conducted under the Plan would have no effect on Eulachon. 
None of the Council recommended changes to the Plan proposed in this 
rule change the determinations made in the BiOp because they do not 
result in changes to fishing behavior such that the impacts to listed 
species is anticipated to change. NMFS has initiated consultation with 
the US Fish and Wildlife Service on the ongoing implementation of the 
Catch Sharing Plan and its effects on short-tailed and black-footed 
albatross, California least tern, marbled murrelet, bull trout, and sea 
otters.

    Authority:  16 U.S.C. 1801 et seq.

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 22, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended 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 (a), (c)(1) introductory text, 
(c)(3)(ii), and (c)(5) to read as follows:


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

    (a) A catch sharing plan (CSP) may be developed by the Pacific 
Fishery Management Council and approved by NMFS for portions of the 
fishery. Any approved CSP may be obtained from the Administrator, West 
Coast Region, NMFS.
* * * * *
    (c) * * * (1) The Regional Administrator, NMFS West Coast Region, 
after consultation with the Chairman of the Pacific Fishery Management 
Council, the Commission Executive Director, and the Fisheries 
Director(s) of the affected state(s), or their designees, is authorized 
to modify regulations during the season after making the following 
determinations:
* * * * *
    (3) * * *

[[Page 5727]]

    (ii) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the West Coast Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through October) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF-FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current 
information for the area in which they are fishing.
* * * * *
    (5) Availability of data. The Regional Administrator will compile, 
in aggregate form, all data and other information relevant to the 
action being taken and will make them available for public review 
during normal office hours at the West Coast Regional Office, NMFS, 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, 
Washington.
* * * * *
[FR Doc. 2015-01962 Filed 1-29-15; 4:15 pm]
BILLING CODE 3510-22-P


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