Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 9021 

Department to have the commodity 

delivered in a timely manner. 

(3) In order to ensure that 

commodities are delivered in a timely 

fashion to foreign destinations and 

without damage, USDA may complete 

an acquisition without regard to the 

lowest land cost process set forth in 

paragraph (a)(1) of this section, if: 

(i) The solicitation specifies that the 

lowest land cost process will not be 

followed in the completion of the 

contract; or 

(ii) After issuance of the solicitation, 

it is determined that: 

(A) Internal strife at the foreign 

destination or urgent humanitarian 

conditions threatens the lives of persons 

at the foreign destination; 

(B) A specific port’s cargo handling 

capabilities (including the adequacy of 

the port to receive, accumulate, handle, 

store, and protect commodities) and 

other similar factors will adversely 

affect the delivery of such commodities 

without damage or in a timely manner. 

Such similar factors include, but are not 

limited to: Port congestion; overloaded 

facilities at the port; vessels would not 

be able to dock and load cargo without 

delay; labor disputes or lack of labor 

may prohibit the loading of the cargo 

onboard a vessel in a timely manner; 

and the existence of inadequate or 

unsanitary warehouse and other 

supporting facilities; 

(C) The total transit time of a carrier, 

as it relates to a final delivery date at the 

foreign destination may impair the 

ability of USDA to achieve timely 

delivery of the commodity; or 

(D) Other similar situations arise that 

materially affect the administration of 

the program for which the commodity 

or freight is being procured. 

(4) If the contracting officer 

determines that action may be 

appropriate under paragraph (a)(3) of 

this section, prior to the acceptance of 

any applicable offer, the contracting 

officer shall provide to the HCA or 

Designee and to USAID, a written 

request to obtain commodities and 

freight in a manner other than on a 

lowest landed cost basis. This request 

shall include a statement of the reasons 

for not using lowest landed cost basis. 

The HCA or Designeeone level above 

the contracting officer, with the 

concurrence of USAID, shall, on an 

expedited basis, either accept or reject 

this request and shall document this 

determination in writing and provide a 

copy to USAID. 

(b) Freight shipping and rates. (1) In 

determining lowest-landed cost as 

specified in paragraph (a) of this 

section, USDA shall use vessel rates 

offered in response to solicitations 

issued by USAID or grantee 

organizations receiving commodities 

under 7 U.S.C. 1721 et seq. 

(2) USAID may require, or direct a 

grantee organization to require, an ocean 

carrier to submit offers electronically 

through a Web-based system maintained 

by USDA. If electronic submissions are 

required, USDA may, at its discretion, 

accept corrections to such submissions 

that are submitted in a written form 

other than by use of such Web-based 

system. 

(c) Delivery date. The contracting 

officer shall consider total transit time, 

as it relates to a final delivery date, in 

order to satisfy program requirements 

for Title II of Public Law 83–480. 

(d) Multiple awards or delivery points. 

(1) If more than one offer for the sale of 

commodities is received or more than 

one delivery point has been designated 

in such offers, in order to achieve a 

combination of a freight rate and 

commodity award that produces the 

lowest landed cost for the delivery of 

the commodity to the foreign 

destination, the contracting officer shall 

evaluate offers submitted on a delivery 

point by delivery point basis; however, 

consideration shall be given to 

prioritized ocean transport service in 

determining lowest landed cost. 

(2) The contracting officer may 

determine that extenuating 

circumstances preclude awards on the 

basis of lowest landed cost. However, in 

all such cases, commodities may be 

transported in compliance with cargo 

preference requirements as determined 

by USAID. 

(3) The contracting officer shall notify 

USAID or, if applicable, the grantee 

organization, that its shipping agent will 

be notified of the vessel freight rate used 

in determining the commodity contract 

award. The grantee organization or 

USAID will be responsible for finalizing 

the charter or booking contract with the 

vessel representing the freight rate so 

used. 

470.203 Cargo preference. 

An agency having responsibility 

under this subpart shall administer its 

programs, with respect to this subpart, 

in accordance with regulations 

prescribed by the Secretary of 

Transportation. 

PARTS 471 THROUGH 499— 

[RESERVED] 

Tiffany J. Taylor, 

Senior Procurement Executive (SPE), Director, 

Office of Contracting and Procurement. 

[FR Doc. 2022–01751 Filed 2–16–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No.: 220210–0044] 

RIN 0648–BL14 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

changes to the Pacific Halibut Catch 

Sharing Plan for the International 

Pacific Halibut Commission’s regulatory 

Area 2A off of Washington, Oregon, and 

California. In addition, NMFS proposes 

to implement management measures 

governing the 2022 recreational fisheries 

that are not implemented through the 

International Pacific Halibut 

Commission. These measures include 

the recreational fishery seasons, quotas, 

and management measures for Area 2A. 

These actions are intended to conserve 

Pacific halibut and provide angler 

opportunity where available. 

DATES: Comments on the proposed rule 

must be received on or before March 4, 

2022. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2022–0003, 

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–2022–0003 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Barry Thom, c/o Kathryn Blair, West 

Coast Region, NMFS, 1201 NE Lloyd 

Blvd., Suite 1100, Portland, OR 97232. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post them for public 

viewing on www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 


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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.federal

register.gov. Background information 

and documents are available at the 

NMFS West Coast Region website at 

https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/fisheriesmanagement-west-coast and at the 

Council’s website at http://

www.pcouncil.org. Other comments 

received may be accessed through 

Regulations.gov. 

NMFS prepared a draft Environmental 

Assessment for this action pursuant to 

the National Environmental Policy Act. 

This draft can be viewed on NMFS’ 

website at https://www.fisheries.

noaa.gov/west-coast/laws-and-policies/ 

west-coast-region-nationalenvironmental-policy-act-documents. In 

order to comment on the Environmental 

Assessment, submit all public 

comments to Joshua Lindsay at 

joshua.lindsay@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Blair, phone: 503–231–6858, 

fax: 503–231–6893, or email: 

kathryn.blair@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northern Pacific Halibut Act of 

1982 (Halibut Act), 16 U.S.C. 773–773k, 

gives the Secretary of Commerce 

(Secretary) 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 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 

harvesting privileges among U.S. 

fishermen in U.S. waters that are in 

addition to, and not in conflict with, 

approved International Pacific Halibut 

Commission (IPHC) regulations (16 

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

At its annual meeting January 24–28, 

2022, the IPHC recommended an Area 

2A catch limit. This catch limit 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. 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). Subject to acceptance by 

the Secretary of State with concurrence 

by the Secretary of Commerce, this 

proposed rule contains 2022 subarea 

quotas based on the Area 2A catch limit 

as recommended by the IPHC. 

Since 1988, the Pacific Fishery 

Management Council (Council) has 

developed and NMFS has approved 

annual Catch Sharing Plans that allocate 

the IPHC regulatory Area 2A Pacific 

halibut catch limit between treaty 

Indian and non-Indian harvesters, and 

among non-Indian commercial and 

recreational (sport) fisheries. In 1995, 

the Council recommended, and NMFS 

approved a long-term Area 2A Catch 

Sharing Plan (60 FR 14651; March 20, 

1995). NMFS has been approving 

adjustments to the Area 2A Catch 

Sharing Plan based on Council 

recommendations each year to address 

the changing needs of these fisheries. 

While the full Catch Sharing Plan is not 

published in the Federal Register, it is 

made available on the Council and 

NMFS websites. 

This rule proposes to approve the 

Council’s recommended changes to the 

Catch Sharing Plan for IPHC regulatory 

Area 2A. The 2022 Catch Sharing Plan 

was developed through the Council’s 

public process. This rule would 

implement recreational Pacific halibut 

fishery management measures for 2022, 

which include season opening and 

closing dates. These management 

measures are consistent with the 

recommendations made by the Council 

in the 2022 Catch Sharing Plan and are 

detailed below. 

Proposed Changes to the 2021 Area 2A 

Catch Sharing Plan 

Each year at the Council’s September 

meeting, members of the public have an 

opportunity to propose changes to the 

Catch Sharing Plan for consideration by 

the Council. At the September 2021 

Council meeting, Washington 

Department of Fish and Wildlife 

(WDFW) and Oregon Department of 

Fish and Wildlife (ODFW) proposed 

changes to the Catch Sharing Plan. The 

Council voted to solicit public input on 

the changes recommended by WDFW 

and ODFW. WDFW and ODFW 

subsequently held public workshops on 

the proposed changes. 

At its November 2021 meeting, the 

Council considered the results of the 

state-sponsored workshops on the 

proposed changes to the Catch Sharing 

Plan, along with public input provided 

at the 2021 September and November 

Council meetings, and made its 

recommendations for modifications to 

the Catch Sharing Plan. NMFS proposes 

to approve all of the Council’s 

recommended changes to the Catch 

Sharing Plan, which are discussed 

below. 

1. Section 6.8.1(c) of the Catch 

Sharing Plan stipulates that if any of the 

recreational fishery subareas north of 

Cape Falcon, Oregon are not projected 

to utilize their subarea quota by 

September 30, NMFS may take inseason 

action to transfer any projected unused 

quota to another Washington subarea. 

The Council recommended removing 

the September 30 date for taking 

inseason action. Removing this date 

would allow projected unused quota in 

one subarea to be transferred to another 

subarea for potential harvest earlier in 

the season (prior to September 30th), 

allowing for the potential of more open 

days and thereby provide more 

opportunity to anglers to achieve the 

quota. This provision is also codified at 

50 CFR 300.63(c)(1)(iii), and this action 

proposes to remove the September 30 

date in Federal regulations. 

2. In section 6.9 and 6.11 of the Catch 

Sharing Plan, the Council recommended 

adding additional text clarifying that a 

management objective for the 

Washington and Oregon recreational 

fisheries is to establish season structures 

for each subarea that maximize fishing 

opportunity and achieve but not exceed 

subarea quotas. However, flexibility 

through timely inseason action, such as 

adding additional fishing days or 

shifting allocation between subareas, 

may be necessary to achieve the overall 

Washington and Oregon state 

recreational quotas. 

3. In sections 6.9.1(d), 6.9.2(d), 

6.9.3(d), and 6.10(d) of the Catch 

Sharing Plan, the Council recommended 

revising the season structure to allow 

the Washington and Columbia River 

subareas to be open for up to five days 

per week during August and September. 

The subareas will continue to be open 

for up to three days per week in April, 

May, and June. This change would 

provide more opportunity to achieve the 


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subarea allocation by allowing the 

subareas to be open more days later in 

the season. 

4. In section 6.9.1(f) of the Catch 

Sharing Plan, the Council recommended 

additional text clarifying that if the 

Puget Sound subarea season is closed 

prior to September 30, and there is 

insufficient quota for an additional 

fishing day, then any remaining Puget 

Sound subarea quota may be transferred 

inseason to another Washington coastal 

subarea by NMFS via an update to the 

recreational halibut hotline. This 

reiterates text at 6.8.1(c). NMFS would 

make this and other inseason actions in 

accordance with regulations at 

300.63(c). 

5. In section 6.11.1(d) of the Catch 

Sharing Plan, the Council recommended 

adding quota-based thresholds for 

setting open days in the Oregon Central 

Coast subarea’s spring and summer alldepth fisheries. Specifically, if the 

Central Coast spring all-depth allocation 

based on the Catch Sharing Plan 

framework is greater than 100,000 

pounds (45.36 metric tons (mt)), NMFS 

will set season dates such that the alldepth fishery may be open for up to 

seven days per week every week starting 

with the second Thursday in May 

through June 30, except that NMFS may 

skip certain weeks to avoid adverse 

tides. After June 30, the all-depth 

fishery will be open every other week. 

If after the first Central Coast summer 

all-depth opening (first Thursday 

through Saturday in August), NMFS 

estimates that there is 60,000 pounds 

(27.22 mt) or more remaining on the 

Central Coast combined nearshore and 

all-depth quotas, NMFS may open the 

all-depth fishery for up to seven days 

per week beginning September 1. This 

change would increase angler 

opportunity by allowing the Central 

Coast fisheries to be open for more days 

in years with a higher allocation. 

6. In section 6.11.1 and 6.11.2, the 

Council recommended that, at the 

conclusion of the Oregon Central Coast 

spring all-depth season, IPHC, NMFS, 

the Council, and ODFW consult to 

determine whether increasing the bag 

limit to two fish is warranted, with the 

intent of achieving the subarea quota by 

September 30. If the bag limit change is 

made for the Central Coast subarea, it 

would also apply to the Southern 

Oregon subarea at the same time. This 

change would increase angler 

opportunity to achieve the Central Coast 

and Southern Oregon subareas 

allocation by increasing the bag limit 

earlier in the season. 

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 2022 Recreational Fishery 

Management Measures 

As described above, NMFS also 

proposes to implement recreational 

fishery management measures, 

including season dates for the 2022 

fishery, consistent with the Council’s 

recommendations in the 2022 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 either on the Catch Sharing 

Plan framework and/or 

recommendations received to date. In 

the final rule, NMFS will implement 

dates based on public comment, 

including comments from Oregon and 

California after each state has concluded 

its public meetings gathering input on 

season dates. 

The final rule must be effective by 

April 7, in time for the start of 

recreational Pacific halibut fisheries. 

The 2022 Catch Sharing Plan provides 

the framework for the annual 

management measures and subarea 

allocations based on the 2022 Area 2A 

catch limit for Pacific halibut. The 

season dates and annual management 

measures in this rule were developed 

through the Council where the public 

had the opportunity to participate. In 

order to ensure that these management 

measures are effective in time for the 

start of the recreational fisheries on 

April 7, NMFS will solicit public 

comments on this proposed rule for 15 

days. 

NMFS proposes the following Area 

2A recreational fishery management 

measures consistent with the Council’s 

Catch Sharing Plan. After the 

opportunity for public comment, NMFS 

will publish a final rule approving the 

Catch Sharing Plan and promulgating 

the annual management measures for 

the Area 2A recreational fishery, as 

required by implementing regulations at 

50 CFR 300.63(b)(1). If there is any 

discrepancy between the Catch Sharing 

Plan and Federal regulations, Federal 

regulations take precedence. 

2022 Annual Recreational Management 

Measures 

The recreational fishing subareas, 

quotas, fishing dates, and daily bag 

limits are as follows, except as modified 

under the inseason actions consistent 

with 50 CFR 300.63(c). All recreational 

fishing in Area 2A is managed on a 

‘‘port of landing’’ basis, whereby any 

halibut landed into a port counts toward 

the quota for the area in which that port 

is located, and the regulations governing 

the area of landing apply, regardless of 

the specific area of catch. 

Washington Puget Sound and the U.S. 

Convention Waters in the Strait of Juan 

de Fuca 

The quota for the area in Puget Sound 

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

de Fuca, east of a line extending from 

48°17.30′ N lat., 124°23.70′ W long. 

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

long., is 83,210 lb (37.74 mt). 

(a) The fishing seasons are: 

(i) For the area in Puget Sound and 

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

Fuca, east of a line at approximately 

123°49.60′ W long., NMFS is proposing 

to open the fishery on April 7–9, 14–16, 

21–23, 28–30; May 5–7, 12–14, 19–21, 

27–29; June 2–4, 9–11, 16–18, 23–25, 

and 30. If unharvested quota remains 

after June 30, NMFS may take inseason 

action to reopen the fishery August 18 

through September 30, up to five days 

per week, on Thursday, Friday, 

Saturday, Sunday, and Monday of each 

week, or until there is not sufficient 

quota for another full day of fishing and 

the area is therefore closed. Any closure 

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. 

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

Strait of Juan de Fuca, approximately 

between 124°23.70′ W long. and 

123°49.60′ W long., NMFS is proposing 

to open the fishery on May 5, 7, 12, 14, 

19, 21, 27–29; June 2–4, 9–11, 16–18, 

23–25, and 30. If unharvested quota 

remains after June 30, NMFS may take 

inseason action to reopen the fishery 

August 18 through September 30, up to 

five days per week, on Thursday, 

Friday, Saturday, Sunday, and Monday 

of each week, or until there is not 

sufficient quota for another full day of 

fishing and the area is therefore closed. 

Any closure 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 halibut 

of any size per day per person. 


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Washington North Coast Subarea 

The quota for landings into ports in 

the area off the north Washington coast, 

west of a line at approximately 

124°23.70′ W long. and north of the 

Queets River (47°31.70′ N lat.), is 

133,847 lb (60.71 mt). 

(a) The fishing seasons are: 

(i) NMFS is proposing to open the 

fishery on May 5, 7, 12, 14, 19, 21, 27, 

and 29; June 2, 4, 9, 11, 16, 18, 23, 25, 

and 30. If unharvested quota remains 

after June 30, NMFS may take inseason 

action to reopen the fishery August 18 

through September 30, up to five days 

per week, on Thursday, Friday, 

Saturday, Sunday, and Monday of each 

week, or until there is not sufficient 

quota for another full day of fishing and 

the area is therefore closed. Any closure 

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 halibut 

of any size per day per person. 

(c) Recreational fishing for groundfish 

and halibut is prohibited within the 

North Coast Recreational Yelloweye 

Rockfish Conservation Area (YRCA). It 

is unlawful for recreational fishing 

vessels to take and retain, possess, or 

land halibut taken with recreational gear 

within the North Coast Recreational 

YRCA. A vessel fishing with 

recreational gear in the North Coast 

Recreational YRCA may not be in 

possession of any halibut. Recreational 

vessels may transit through the North 

Coast Recreational YRCA with or 

without halibut on board. The North 

Coast Recreational YRCA is defined in 

groundfish regulations at 50 CFR 

660.70(b). 

Washington South Coast Subarea 

The quota for landings into ports in 

the area between the Queets River, WA 

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

WA (46°38.17′ N lat.), is 68,555 lb 

(31.10 mt). 

(a) This subarea is divided between 

the all-depth fishery (the Washington 

South coast primary fishery), and the 

incidental nearshore fishery in the area 

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

N lat. and east of a boundary line 

approximating the 30-fm (55-m) depth 

contour. This area (the Washington 

South coast northern nearshore area) is 

defined by straight lines connecting all 

of the following points in the order 

stated as described by the following 

coordinates: 

(1) 47°31.70′ N lat, 124°37.03′ W long; 

(2) 47°25.67′ N lat, 124°34.79′ W long; 

(3) 47°12.82′ N lat, 124°29.12′ W long; 

(4) 46°58.00′ N lat, 124°24.24′ W long. 

NMFS is proposing to open the 

primary fishery on May 5, 8, 12, 15, 19, 

22, and 26; June 16, 19, 23, and 26, or 

until there is not sufficient quota for 

another full day of fishing and the area 

is therefore closed. If unharvested quota 

remains after June 30, NMFS may take 

inseason action to reopen the fishery 

August 19 and/or September 23. Any 

closure will be announced on the NMFS 

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

9825. The fishing season in the 

Washington South Coast northern 

nearshore area commences the Saturday 

subsequent to the closure of the primary 

fishery in May or June if quota remains 

in the Washington South Coast subarea 

allocation, and continues seven days per 

week until 68,555 lb (31.10 mt) is 

projected to be taken by the two 

fisheries combined and the fishery is 

therefore closed or on September 30, 

whichever is earlier. If the fishery is 

closed prior to September 30, or there is 

insufficient quota remaining to reopen 

the Washington South coast, northern 

nearshore area for another fishing day, 

then any remaining quota may be 

transferred in-season to another 

Washington coastal subarea by NMFS, 

in accordance with Federal regulations 

at 50 CFR 300.63(c). 

(b) The daily bag limit is one halibut 

of any size per day per person. 

(c) Seaward of the boundary line 

approximating the 30-fm (55-m) depth 

contour and during days open to the 

primary fishery, lingcod may be taken, 

retained and possessed when allowed 

by groundfish regulations at 50 CFR 

660.360(c). 

(d) Recreational fishing for groundfish 

and halibut is allowed within the South 

Coast Recreational YRCA and Westport 

Offshore Recreational YRCA. The South 

Coast Recreational YRCA is defined at 

50 CFR 660.70(e). The Westport 

Offshore Recreational YRCA is defined 

at 50 CFR 660.70(f). 

Columbia River Subarea 

The quota for landings into ports in 

the area between Leadbetter Point, WA 

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

(45°46.00′ N lat.), is 19,037 lb (8.64 mt). 

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

The nearshore fishery is allocated 500 lb 

(0.23 mt) of the subarea allocation. The 

nearshore fishery extends from 

Leadbetter Point (46°38.17′ N lat., 

124°15.88′ W long.) to the Columbia 

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

long.) by connecting the following 

coordinates in Washington: 46°38.17′ N 

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

124°15.88′ W long., and connecting to 

the boundary line approximating the 40- 

fm (73-m) depth contour in Oregon. 

NMFS is proposing to open the 

nearshore fishery May 9, and continue 

on Monday, Tuesday, and Wednesday 

each week until the nearshore allocation 

is taken, or on September 30, whichever 

is earlier. NMFS is proposing to open 

the all-depth fishery on May 5, 8, 12, 15, 

19, 22, and 26; June 2, 5, 9, 12, 16, 19, 

23, 26, and 30, or until there is not 

sufficient quota for another full day of 

fishing and the area is therefore closed. 

If unharvested quota remains after June 

30, NMFS may take inseason action to 

reopen the fishery on August 19 and/or 

September 23. Any closure will be 

announced on the NMFS hotline at 

(206) 526–6667 or (800) 662–9825. 

Subsequent to this closure, if there is 

insufficient quota remaining in the 

Columbia River subarea for another 

fishing day, then any remaining quota 

may be transferred inseason to another 

Washington and/or Oregon subarea by 

NMFS, in accordance with Federal 

regulations at 50 CFR 300.63(c). Any 

remaining quota would be transferred to 

each state in proportion to the allocation 

formula in the Catch Sharing Plan. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

(c) Pacific Coast groundfish may not 

be taken and retained, possessed or 

landed when halibut are on board the 

vessel, except sablefish, Pacific cod, 

flatfish species, yellowtail rockfish, 

widow rockfish, canary rockfish, 

redstripe rockfish, greenstriped rockfish, 

silvergray rockfish, chilipepper, 

bocaccio, blue/deacon rockfish, and 

lingcod caught north of the WashingtonOregon border (46°16.00′ N lat.) may be 

retained when allowed by Pacific Coast 

groundfish regulations at 50 

CFR 660.360, during days open to the 

all-depth Pacific halibut fishery. Longleader gear (as defined at 50 CFR 

660.351) may be used to retain 

groundfish during the all-depth Pacific 

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

Coast groundfish regulations at 50 CFR 

660.360. 

(d) Taking, retaining, possessing, or 

landing halibut on groundfish trips is 

allowed in the nearshore area on days 

not open to all-depth Pacific halibut 

fisheries. 

Oregon Central Coast Subarea 

The quota for landings into ports in 

the area off Oregon between Cape 

Falcon (45°46.00′ N lat.) and Humbug 

Mountain (42°40.50′ N lat.), is 269,782 

lb (122.37 mt). 

(a) The fishing seasons are: 

(i) NMFS is proposing to open the 

nearshore fishery on May 1, seven days 

per week, in the area shoreward of a 

boundary line approximating the 40-fm 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 9025 

(73-m) depth contour, or until the subquota for the central Oregon nearshore 

fishery of 32,374 lb (14.68 mt), or any 

inseason revised quota is estimated to 

have been taken and the season is 

therefore closed, or on October 31, 

whichever is earlier. The boundary line 

approximating the 40-fm (73-m) depth 

contour between 45°46.00′ N lat. and 

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

660.71(o). 

(ii) If the spring all-depth quota is 

greater than 100,000 lbs, NMFS is 

proposing to open the spring all-depth 

fishery May 12 up to seven days per 

week through June 30, then open every 

other week. If the quota is 100,000 lbs 

or less, NMFS is proposing to open the 

fishery either May 12 and remain open 

Thursday through Saturday every week, 

or May 13 and remain open Friday and 

Saturday every week, until July 31 or 

until there is not sufficient quota for 

another full day of fishing and the area 

is therefore closed. The allocation to the 

all-depth fishery is 169,963 lb (77.09 

mt). 

(iii) NMFS is proposing to open the 

summer all-depth fishery on August 5– 

6, 18–20; September 1–3, 15–17, 

September 29–October 1, 13–15, and 

27–29; 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 therefore 

closed. NMFS, in accordance with 

notice procedures in Federal regulations 

at 50 CFR 300.63(c)(3), will announce 

on the NMFS hotline (206) 526–6667 or 

(800) 662–9825 in July whether the 

fishery will re-open for the summer 

season in August. Additional fishing 

days may be opened if enough quota to 

allow for additional days of fishing 

remains after the last day of the first 

scheduled open period. If, after this 

date, an amount greater than or equal to 

60,000 lb (27.2 mt) remains in the 

combined nearshore, spring, and 

summer quota, NMFS may take 

inseason action to reopen the fishery 

every Thursday, Friday and Saturday, 

beginning August 4, 5, and 6, and/or the 

fishery may be open up to 7 days a week 

beginning September 1, ending when 

there is insufficient quota remaining or 

October 31, whichever is earlier. If after 

the September 6 an amount greater than 

or equal to 30,000 lb (13.6 mt) remains 

in the combined nearshore, spring, and 

summer quota, and the fishery is not 

already open every Thursday, Friday 

and Saturday, NMFS may take inseason 

action to re-open the fishery every 

Thursday, Friday and Saturday, 

beginning September 8, 9, and 10, 

through October 31, until there is not 

sufficient quota for another full day of 

fishing and the area is closed. At the 

conclusion of the spring all-depth 

season, NMFS may increase the bag 

limit to two fish of any size per person, 

per day. NMFS, in accordance with 

notice procedures at 50 CFR 

300.63(c)(3), will announce on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825 whether the summer all-depth 

fishery will be open on such additional 

fishing days, what days the fishery will 

be open, and what the bag limit is. 

(b) The daily bag limit is one halibut 

of any size per day per person, unless 

otherwise specified through inseason 

action. NMFS, in accordance with 

notice procedures at 50 CFR 

300.63(c)(3), will announce on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825 any bag limit changes. 

(c) During days open to all-depth 

halibut fishing when the groundfish 

fishery is restricted by depth, when 

halibut are on board the vessel, no 

groundfish, except sablefish, Pacific 

cod, and other species of flatfish (sole, 

flounder, sanddab), may be taken and 

retained, possessed or landed, except 

with long-leader gear (as defined at 

§ 660.351), when allowed by groundfish 

regulations. During days open to alldepth halibut fishing when the 

groundfish fishery is open to all depths, 

any groundfish species permitted under 

the groundfish regulations may be 

retained, possessed or landed if halibut 

are on board the vessel. During days 

only open to nearshore halibut fishing, 

flatfish species may not be taken and 

retained seaward of the 40-fm (73-m) 

depth contour if halibut are on board 

the vessel. 

(d) When the all-depth halibut fishery 

is closed and halibut fishing is 

permitted only shoreward of a boundary 

line approximating the 40-fm (73-m) 

depth contour, halibut possession and 

retention by vessels operating seaward 

of a boundary line approximating the 

40-fm (73-m) depth contour is 

prohibited. 

(e) Recreational fishing for groundfish 

and halibut is prohibited within the 

Stonewall Bank YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land halibut taken 

with recreational gear within the 

Stonewall Bank YRCA. A vessel fishing 

in the Stonewall Bank YRCA may not 

possess any halibut. Recreational 

vessels may transit through the 

Stonewall Bank YRCA with or without 

halibut on board. The Stonewall Bank 

YRCA is defined at 50 CFR 660.70(g)– 

(i). 

Southern Oregon Subarea 

The quota for landings into ports in 

the area south of Humbug Mountain, OR 

(42° 40.50′ N lat.) to the Oregon/ 

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

8,000 lb (3.63 mt). 

(a) NMFS is proposing to open the 

fishery May 1, seven days per week, 

until the quota is taken or October 31, 

whichever is earlier. 

(b) The daily bag limit is one halibut 

per person with no size limit, unless 

otherwise specified through inseason 

action. NMFS, in accordance with 

notice procedures at 50 CFR 

300.63(c)(3), will announce on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825 any bag limit changes. 

(c) During days open to the Pacific 

halibut fishery, when halibut are on 

board the vessel, no groundfish except 

sablefish, Pacific cod, and other species 

of flatfish (sole, flounder, sanddab), may 

be taken and retained, possessed or 

landed, except with long-leader gear (as 

defined at § 660.351) when allowed by 

groundfish regulations at 50 

CFR 660.360. 

California Coast Subarea 

The quota for landings into ports 

south of the Oregon/California Border 

(42°00.00′ N lat.) and along the 

California coast is 38,740 lb (17.57 mt). 

(a) NMFS is proposing to open the 

fishery May 1 through November 15, or 

until the subarea quota is estimated to 

have been taken and the season is 

therefore closed, whichever is earlier. 

NMFS, in accordance with notice 

procedures at § 300.63(c)(3), will 

announce any closure on the NMFS 

hotline (206) 526–6667 or (800) 662– 

9825. 

(b) The daily bag limit is one halibut 

of any size per day per person. 

Classification 

Regulations governing the U.S. 

fisheries for Pacific halibut are 

developed by the IPHC, the Pacific 

Fishery Management Council, the North 

Pacific Fishery Management Council, 

the Secretary of State and the Secretary 

of Commerce. 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 

harvesting privileges among U.S. 

fishermen in U.S. waters that are in 

addition to, and not in conflict with, 

approved IPHC regulations (16 U.S.C. 

773c(c)). The proposed action is 

consistent with the Council’s authority 

to allocate halibut catches among 

fishery participants in the waters in and 

off Washington, Oregon, and California. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 


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9026 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities, 

for the following reasons: 

For Regulatory Flexibility Act (RFA) 

purposes only, NMFS has established a 

small business size standard for 

businesses, including their affiliates. 

Previous analyses determined that 

charterboats are small businesses (see 77 

FR 5477 (February 3, 2012) and 76 FR 

2876 (January 18, 2011)). Charter fishing 

operations are classified under NAICS 

code 487210, with a corresponding 

Small Business Association size 

standard of $7.5 million in annual 

receipts. No commercial fishing entities 

are directly affected by this rule. 

This rule would revise the 

recreational Pacific halibut fishery 

management measures, including 

season dates and catch limits. This 

proposed rule would open the 

recreational fishery with 2022 season 

dates and subarea quotas impacting 

charter boats, anglers, and businesses 

relying on recreational fishing across all 

of Area 2A. Therefore, this rule may 

affect some charterboat operations in 

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 halibut fisheries off of the West 

Coast. Since this action will only impact 

recreational charter vessels, which are 

small entities, none of these changes 

will have a disproportionately negative 

effect on small entities versus large 

entities. 

In 2021, the IPHC issued 93 licenses 

to the charterboat fleet for Area 2A. 

Recent information on charterboat 

activity is not available, but prior 

analysis indicated that 60 percent of the 

IPHC charterboat license holders 

(around 56 vessels) participate in the 

Pacific halibut recreational fishery and 

may be affected by these regulations as 

those vessels operate in Area 2A. Private 

vessels used for recreational fishing are 

not businesses and are therefore not 

included in the RFA analysis. 

The major effect of halibut 

management on small entities will be 

from the catch limit decisions made by 

the IPHC, a decision independent from 

this proposed action. This proposed 

action would implement management 

measures including season dates and 

quotas for the recreational fishery, and 

approves minor changes to the Catch 

Sharing Plan to provide increased 

recreational opportunities under the 

quotas that result from the Area 2A 

catch limit. The proposed changes to the 

Catch Sharing Plan are considered 

minor, with minimal economic effects. 

Profitability is largely based on the 

catch limit decision made by the IPHC, 

with subarea quotas determined based 

on the Catch Sharing Plan framework 

and the allocation formulae 

recommended by the Council. 

Therefore, the proposed rule is unlikely 

to affect the profitability of the 

recreational fishery. 

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: February 10, 2022. 

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, subpart E, 

is proposed to be amended 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 paragraph 

(c)(1)(iii) to read as follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) If any of the recreational fishery 

subareas north of Cape Falcon, Oregon 

are not projected to utilize their 

respective quotas, NMFS may take 

inseason action to transfer any projected 

unused quota to another Washington 

recreational subarea. 

* * * * * 

[FR Doc. 2022–03329 Filed 2–16–22; 8:45 am] 

BILLING CODE 3510–22–P 


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