Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 19007 

115 40 CFR 1501.6(a). 

level of significance that would 

necessitate the preparation of an 

Environmental Impact Statement. 

VI. Finding of No Significant Impact 

NHTSA has reviewed this EA. Based 

on the EA, NHTSA concludes that 

implementation of either of the action 

alternatives (including this final rule) 

will not have a significant effect on the 

human environment and that a ‘‘finding 

of no significant impact’’ is appropriate. 

This statement constitutes the Agency’s 

‘‘finding of no significant impact,’’ and 

an environmental impact statement will 

not be prepared.115

6. Executive Order 12988 (Civil Justice 

Reform) 

This rulemaking does not have a 

preemptive effect. For the reasons 

explained above, this rulemaking does 

not have a retroactive effect. Judicial 

review of the interim final rule or a 

subsequent final rule may be obtained 

pursuant to 5 U.S.C. 702. 

7. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1980, NHTSA states 

that there are no requirements for 

information collection associated with 

this rulemaking action. 

8. Privacy Act 

Please note that anyone is able to 

search the electronic form of all 

comments received into any of DOT’s 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477), or you may visit https:// 

www.transportation.gov/privacy. 

List of Subjects in 49 CFR Part 578 

Imports, Motor vehicle safety, Motor 

vehicles, Penalties, Rubber and rubber 

products, Tires. 

In consideration of the foregoing, 49 

CFR part 578 is amended as set forth 

below. 

PART 578—CIVIL AND CRIMINAL 

PENALTIES 

■ 1. The authority citation for 49 CFR 

part 578 continues to read as follows: 

Authority: Pub. L. 92–513, Pub. L. 94–163, 

Pub. L. 98–547, Pub. L. 101–410, Pub. L. 

102–388, Pub. L. 102–519, Pub. L. 104–134, 

Pub. L. 109–59, Pub. L. 110–140, Pub. L. 

112–141, Pub. L. 114–74, Pub. L. 114–94 (49 

U.S.C. 30165, 30170, 30505, 32308, 32309, 

32507, 32709, 32710, 32902, 32912, 33114, 

and 33115); delegation of authority at 49 CFR 

1.81, 1.95. 

■ 2. Amend § 578.6 by revising 

paragraph (h)(2) and adding paragraph 

(h)(3) to read as follows: 

§ 578.6 Civil penalties for violations of 

specified provisions of Title 49 of the United 

States Code. 

* * * * * 

(h) * * * 

(2) Except as provided in 49 U.S.C. 

32912(c), a manufacturer that violates a 

standard prescribed for a model year 

under 49 U.S.C. 32902 is liable to the 

United States Government for a civil 

penalty of $15 (for model years before 

model year 2019, the civil penalty is 

$5.50; for model years 2019 through 

2021, the civil penalty is $14), 

multiplied by each .1 of a mile a gallon 

by which the applicable average fuel 

economy standard under that section 

exceeds the average fuel economy— 

(i) Calculated under 49 U.S.C. 

32904(a)(1)(A) or (B) for automobiles to 

which the standard applies produced by 

the manufacturer during the model year; 

(ii) Multiplied by the number of those 

automobiles; and 

(iii) Reduced by the credits available 

to the manufacturer under 49 U.S.C. 

32903 for the model year. 

(3) If a higher amount for each .1 of 

a mile a gallon to be used in calculating 

a civil penalty under paragraph (h)(2) of 

this section is prescribed pursuant to 

the process provided in 49 U.S.C. 

32912(c), the amount prescribed may 

not be more than $29 for each .1 of a 

mile a gallon. 

* * * * * 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Steven S. Cliff, 

Deputy Administrator. 

[FR Doc. 2022–06648 Filed 3–31–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[220325–0079] 

RIN 0648–BL14 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule approves 

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, this final rule 

implements 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: This rule is effective on March 

31, 2022. 

ADDRESSES: Additional information 

regarding this action may be obtained by 

contacting the Sustainable Fisheries 

Division, NMFS West Coast Region, 

1201 NE Lloyd Boulevard Suite 1100, 

Portland, OR, 97232. For information 

regarding all halibut fisheries and 

general regulations not contained in this 

rule, contact the International Pacific 

Halibut Commission, 2320 W. 

Commodore Way Suite 300, Seattle, WA 

98199–1287. 

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 


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2A catch limit of 1,490,000 pounds (lb) 

(675.9 metric tons (mt)) for 2022. This 

catch limit is derived from the total 

constant exploitation yield (TCEY) of 

1,650,000 lb (748.4 mt) for Pacific 

halibut, which includes commercial 

discards and bycatch estimates 

calculated using a formula developed by 

the IPHC. The Area 2A catch limit and 

commercial fishery allocations are 

adopted by the IPHC and were 

published in the Federal Register on 

March 7, 2022 (87 FR 12604) after 

acceptance by the Secretary of State, 

with concurrence from the Secretary of 

Commerce, in accordance with 50 CFR 

300.62. Additionally, the March 7, 2022 

(87 FR 12604) final rule contains annual 

domestic management measures and 

IPHC regulations that are published 

each year under NMFS’ authority to 

implement the Halibut Convention (50 

CFR 300.62). 

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 approves 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 implements 

recreational Pacific halibut fishery 

management measures for 2022, which 

include season opening and closing 

dates. Further details of the changes 

made for the 2022 Catch Sharing Plan 

are described in the proposed rule (87 

FR 9021; February 17, 2022) and are not 

repeated here. 

As described above, NMFS is 

adopting recreational fishery 

management measures, including 

season dates for the 2022 fishery. 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. This final rule 

contains dates for the recreational 

fisheries (though referred to as ‘‘sport’’ 

in IPHC documents, ‘‘recreational’’ will 

be used in this rule) based on the 2022 

Catch Sharing Plan as recommended by 

the Council and the recommended dates 

submitted by the states during public 

comment on the proposed rule. 

2022 Recreational Fishery Management 

Measures 

NMFS is implementing the following 

Area 2A recreational fishery 

management measures consistent with 

the Council’s Catch Sharing Plan. If 

there is any discrepancy between the 

Catch Sharing Plan and Federal 

regulations, Federal regulations take 

precedence. The recreational fishing 

subareas, quotas, fishing dates, and 

daily bag limits are as follows. These 

may be modified through 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) For the area in Puget Sound and 

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

Fuca, east of a line at approximately 

123°49.60′ W long., fishing is open 

April 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. 

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

Strait of Juan de Fuca, approximately 

between 124°23.70′ W long. and 

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

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. 

(c) The daily bag limit is one halibut 

of any size per day per person. 

Washington North Coast Subarea 

The quota for landings into ports in 

the area off the north Washington coast, 

west of a line at approximately 

124°23.70′ W long. and north of the 

Queets River (47°31.70′ N lat.), is 

133,847 lb (60.71 mt). 

(a) Fishing is open 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′ 


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N lat. and east of a boundary line 

approximating the 30-fm (55-m) depth 

contour. This area (the Washington 

South coast northern nearshore area) is 

defined by straight lines connecting all 

of the following points in the order 

stated as described by the following 

coordinates: 

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

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

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

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

The primary fishery season dates are 

May 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. The 

nearshore fishery opens May 9, and 

continues on Monday, Tuesday, and 

Wednesday each week until the 

nearshore allocation is taken, or on 

September 30, whichever is earlier. The 

all-depth fishery is open 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 nearshore fishery opens on 

May 1, seven days per week, in the area 

shoreward of a boundary line 

approximating the 40-fm (73-m) depth 

contour, or until the sub-quota for the 

central Oregon 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). 

(b) The spring all-depth fishery opens 

May 12, seven days per week, through 

June 30. In the event that there is 

remaining subarea allocation after June 

30, the fishery will also be open July 7– 

9 and 21–23 or until there is not enough 

quota remaining for a full day of fishing 

and the fishery is therefore closed. The 

allocation to the all-depth fishery is 

169,963 lb (77.09 mt). 

(c) The summer all-depth fishery 

opens on August 4–6, 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 

seven days a week beginning September 

1, ending when there is insufficient 

quota remaining or October 31, 

whichever is earlier. If after 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 


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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. 

(d) 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. 

(e) 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. 

(f) 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. 

(g) 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) The fishery opens 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) The fishery opens 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. 

Comments and Responses 

NMFS published the proposed rule on 

February 17, 2022 (87 FR 9021). NMFS 

accepted public comments on the 

Council’s recommended modifications 

to the 2022 Area 2A Catch Sharing Plan 

and the proposed 2022 annual 

management measures through March 4, 

2022. NMFS received two comments 

from state agencies—the Oregon 

Department of Fish and Wildlife 

(ODFW) and the California Department 

of Fish and Wildlife (CDFW)—and one 

comment from a member of the public. 

Comment 1: ODFW submitted a 

comment recommending final 

recreational fishing season dates for the 

2022 season for the Central Oregon 

Coast subarea. ODFW hosted a public 

meeting and an online survey following 

the IPHC annual meeting. Based on 

stakeholder input, past fishing effort 

and harvest rates, and the risk of 

exceeding the combined spring and 

summer allocations, ODFW 

recommended season dates for the 

spring and summer Central Oregon 

Coast fisheries. For spring, ODFW 

recommended open dates of May 12 

through June 30, seven days per week. 

In the event that there is remaining 

subarea allocation following the initial 

open dates, ODFW recommended the 

spring fishery open on July 7, 8, 9 and 

July 21, 22, and 23. ODFW 

recommended summer fishery dates on 

August 4, 5, 6; August 18, 19, 20; 

September 1, 2, 3; September 15, 16, 17; 

September 29, 30, October 1; October 

13, 14, 15; and October 27, 28, 29; or 

until the total 2022 all-depth catch limit 

for the subarea is taken. 

Response: NMFS concurs that the 

ODFW-recommended season dates are 

appropriate. There are a few differences 

between the spring and summer season 

dates NMFS published in the proposed 

rule and those recommended by ODFW. 

However, based on the rationale 

provided by ODFW, NMFS has 

modified the recreational fishery season 

dates off of Oregon to those 

recommended by ODFW in this final 

rule. 

Comment 2: CDFW submitted a 

comment concurring with the season 

dates for the fisheries off of California 

that NMFS published in the proposed 

rule for the 2022 season. CDFW hosted 

an online survey following the IPHC 

annual meeting. Based on public 

comments received on Pacific halibut 

fisheries in California and fishing 

performance in recent years, CDFW 

recommended season dates of May 1– 

November 15, or until quota has been 

attained, whichever comes first. 

Response: NMFS concurs that these 

season dates are appropriate and affirms 

the recreational fishery season dates off 

of California in this final rule. 

Comment 3: NMFS received one 

public comment discussing the daily 

bag limit in California. 

Response: Area 2A fisheries are 

managed by allocating quota catch limit 

to each sector and subarea, and 

managing to an Area 2A catch limit that 

is set by the IPHC at a level that 

represents a relatively conservative level 

of harvest, and is consistent with its 

conservation objectives for the halibut 

stock. In addition, two out of the last 

three years, the quota for the California 

recreational fishery was not fully 

attained. Therefore, NMFS has 

determined the recreational bag limit in 

California is appropriate. 

Changes From the Proposed Rule 

As described in the response to 

Comment 1 above, NMFS changed 


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Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 19011 

season dates off of Oregon in this final 

rule. 

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 final rule is consistent 

with the Council’s authority to allocate 

halibut catches among fishery 

participants in the waters in and off 

Washington, Oregon, and California. 

NMFS prepared an EA for Area 2A 

Pacific halibut fishery management, and 

the Assistant Administrator concluded 

that there will be no significant impacts 

on the human environment as a result 

of this rule. The proposed rule (87 FR 

9021; February 17, 2022) described 

where the draft EA could be viewed and 

how to comment. The public comment 

period closed March 4, 2022. There 

were no comments received on the draft 

EA, and therefore there were no changes 

or updates resulting from the public 

comment period. A copy of the Final EA 

and associated Finding of No Significant 

Impact are available on NMFS’ website 

at https://www.fisheries.noaa.gov/westcoast/laws-and-policies/pacific-halibutactions-nepa-documents. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

NMFS finds good cause to waive the 

30-day delay in the date of effectiveness 

and make this rule effective on March 

31, 2022, in time for the start of 

recreational Pacific halibut fisheries on 

April 7, 2022, pursuant to 5 U.S.C. 

553(d)(3). The 2022 Catch Sharing Plan 

provides the framework for the annual 

management measures and setting 

subarea allocations based on annual 

catch limits set by the IPHC. This rule 

implements 2022 Area 2A subarea 

allocations as published in the proposed 

rule (87 FR 9021; February 17, 2022) for 

the recreational Pacific halibut fishery 

based on the formulas set in the Catch 

Sharing Plan and using the 2022 Area 

2A catch limit for Pacific halibut set by 

the IPHC and published by NMFS on 

March 7, 2022 (87 FR 12604). 

Additionally, delaying the effective 

date of this rule would be contrary to 

the public interest. The Council’s 2022 

Catch Sharing Plan approved in this 

rule includes changes that respond to 

the needs of the fisheries in each state, 

including fisheries that begin in early 

April. The Catch Sharing Plan and 

management measures were developed 

through multiple public meetings of the 

Council, and were described at the IPHC 

meeting where public comment was 

accepted. A delay in the effectiveness of 

this rule for 30 days would result in the 

fisheries not opening on their intended 

timelines and on the dates the affected 

public are expecting. The recreational 

Pacific halibut fisheries have high 

participation, and some subareas close 

months before the end of the season due 

to subarea allocation attainment. If the 

fisheries do not open on their intended 

timelines, fishing opportunity is lost, 

potentially causing economic harm to 

communities at recreational fishing 

ports. 

Therefore, a delay in effectiveness 

could cause economic harm to the 

associated fishing communities by 

reducing fishing opportunity at the start 

of the fishing year. As a result of the 

potential harm to fishing communities 

that could be caused by delaying the 

effectiveness of this final rule, NMFS 

finds good cause to waive the 30-day 

delay in the date of effectiveness and 

make this rule effective upon 

publication in the Federal Register. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities for purposes of the Regulatory 

Flexibility Act. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

As a result, a regulatory flexibility 

analysis was not required and none was 

prepared. 

This final 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: March 28, 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 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. 2022–06834 Filed 3–31–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 220328–0080] 

RIN 0648–BL00 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Dolphin 

and Wahoo Fishery of the Atlantic; 

Amendment 10 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 10 to the 

Fishery Management Plan (FMP) for the 

Dolphin and Wahoo Fishery of the 

Atlantic (Dolphin and Wahoo FMP), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). This final rule revises the 

annual catch limits (ACLs), 

accountability measures (AMs), and 

additional management measures for 


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