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[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Rules and Regulations]
[Pages 19007-19011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06834]

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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.

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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: [email protected].

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

[[Page 19008]]

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[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 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[deg]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[deg]23.70' W long. and 123[deg]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[deg]23.70' W 
long. and north of the Queets River (47[deg]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[deg]31.70' N lat.), and Leadbetter Point, WA 
(46[deg]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[deg]31.70' N lat. south to 46[deg]58.00'

[[Page 19009]]

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[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 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[deg]38.17' N lat.), and Cape Falcon, OR (45[deg]46.00' N 
lat.), is 19,037 lb (8.64 mt).
    (a) This subarea is divided into an all-depth 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[deg]38.17' N lat., 124[deg]15.88' W long.) to the 
Columbia River (46[deg]16.00' N lat., 124[deg]15.88' W long.) by 
connecting the following coordinates in Washington: 46[deg]38.17' N 
lat., 124[deg]15.88' W long. 46[deg]16.00' N lat., 124[deg]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 Washington-Oregon border (46[deg]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. Long-leader gear (as defined at 50 CFR 
660.351) may be used to retain groundfish during the all-depth Pacific 
halibut fishery south of the Washington-Oregon 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[deg]46.00' N lat.) and Humbug Mountain (42[deg]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[deg]46.00' N lat. and 
42[deg]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

[[Page 19010]]

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 Sec.  660.351), when allowed by groundfish regulations. During days 
open to all-depth 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[deg]40.50' N lat.) to the Oregon/California Border 
(42[deg]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 Sec.  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[deg]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 Sec.  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

[[Page 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/west-coast/laws-and-policies/pacific-halibut-actions-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

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

Sec.  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
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