Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Proposed Rules 2871 

* * * * * 

Dated: December 30, 2010. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2011–843 Filed 1–14–11; 8:45 am] 

BILLING CODE 4310–55–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 110104009–1009–01] 

RIN 0648–BA25 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to approve 

and implement changes to the Pacific 

Halibut Catch Sharing Plan (Plan) for 

the International Pacific Halibut 

Commission’s (IPHC or Commission) 

regulatory Area 2A off Washington, 

Oregon, and California (Area 2A). NMFS 

proposes to implement the portions of 

the Plan and management measures that 

are not implemented through the IPHC. 

This includes Tribal regulations and the 

sport fishery allocations and 

management measures for Area 2A. 

These actions are intended to enhance 

the conservation of Pacific halibut, to 

provide greater angler opportunity 

where available, and to protect 

overfished groundfish species from 

being incidentally caught in the halibut 

fisheries. 

DATES: Comments on the proposed 

changes to the Plan and on the proposed 

domestic Area 2A halibut management 


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2872 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Proposed Rules 

measures must be received no later than 

5 p.m., local time on February 2, 2011. 

ADDRESSES: Copies of the Plan and 

Regulatory Impact Review (RIR)/Initial 

Regulatory Flexibility Analysis (IRFA) 

are available from William Stelle, 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way, 

NE., Seattle, WA 98115–0070. 

Electronic copies of the Plan, including 

proposed changes for 2011 are also 

available at the NMFS Northwest Region 

Web site: http://www.nwr.noaa.gov, 

click on ‘‘Groundfish & Halibut’’ and 

then click on ‘‘Pacific Halibut’’. 

You may submit comments, identified 

by 0648–BA25, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Sarah 

Williams. 

• Mail: 7600 Sand Point Way, NE., 

Seattle, WA 98115. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Williams, 7600 Sand Point Way, 

NE., Seattle, WA 98115. By phone at 

206–526–4646 or fax at 206–526–6736. 

SUPPLEMENTARY INFORMATION: The 

Northern Pacific Halibut Act (Halibut 

Act) of 1982, at 16 U.S.C. 773c, gives the 

Secretary of Commerce (Secretary) 

general responsibility for implementing 

the provisions of the Halibut 

Convention between the United States 

and Canada (Halibut Convention). It 

requires the Secretary to adopt 

regulations as may be necessary to carry 

out the purposes and objectives of the 

Halibut Convention and the Halibut Act. 

Section 773c of the Halibut Act 

authorizes the regional fishery 

management councils to develop 

regulations governing the Pacific halibut 

catch in their corresponding U.S. 

Convention waters that are in addition 

to, but not in conflict with, regulations 

of the IPHC. Each year between 1988 

and 1995, the Pacific Fishery 

Management Council (Pacific Council) 

developed a catch sharing plan in 

accordance with the Halibut Act to 

allocate the total allowable catch (TAC) 

of Pacific halibut between treaty Indian 

and non-treaty harvesters and among 

non-treaty commercial and sport 

fisheries in Area 2A. 

In 1995, NMFS implemented the 

Pacific Council-recommended long-term 

Plan (60 FR 14651, March 20, 1995). In 

each of the intervening years between 

1995 and the present, minor revisions to 

the Plan have been made to adjust for 

the changing needs of the fisheries. The 

Plan allocates 35 percent of the Area 2A 

TAC to Washington treaty Indian Tribes 

in Subarea 2A–1 and 65 percent to nonTribal fisheries in Area 2A. 

The allocation to non-Tribal fisheries 

is divided into three shares, with the 

Washington sport fishery (north of the 

Columbia River) receiving 36.6 percent, 

the Oregon/California sport fishery 

receiving 31.7 percent, and the 

commercial fishery receiving 31.7 

percent. The commercial fishery is 

further divided into a directed 

commercial fishery that is allocated 85 

percent of the commercial allocation 

and an incidental catch in the salmon 

troll fishery that is allocated 15 percent 

of the commercial allocation. The 

directed commercial fishery in Area 2A 

is confined to southern Washington 

(south of 46°53.30’ N. lat.), Oregon, and 

California. North of 46°53.30’ N. lat. (Pt. 

Chehalis), the Plan allows for incidental 

halibut retention in the primary limited 

entry longline sablefish fishery when 

the overall Area 2A TAC is above 

900,000 lb (408.2 mt). The Plan also 

divides the sport fisheries into six 

geographic subareas, each with separate 

allocations, seasons, and bag limits. 

The Area 2A TAC will be set by the 

IPHC at its annual meeting on January 

25–28, 2011, in Victoria, B.C. Following 

the annual meeting the IPHC publishes 

the final TAC on their Web site and 

produces a news release. Through this 

proposed rule, NMFS requests public 

comments on the Pacific Council’s 

recommended modifications to the Plan, 

codified regulations and the proposed 

domestic fishing regulations by 

February 2, 2011. This allows the public 

the opportunity to consider the final 

Area 2A TAC before submitting 

comments on the proposed rule. The 

States of Washington and Oregon will 

conduct public workshops shortly after 

the IPHC meeting to obtain input on the 

sport season dates. After the final Area 

2A TAC is known and after NMFS 

reviews public comments and 

comments from the States, NMFS will 

issue a final rule for Areas 2A, 2C, 3A, 

3B, 4A, 4B, 4C, 4D, and 4E, Pacific 

halibut fisheries concurrent with its 

publication of the IPHC regulations for 

the 2011 Pacific halibut fisheries. A 15- 

day public comment period is necessary 

to incorporate the final U.S. domestic 

regulations into the IPHC regulations in 

order to have the combined regulations 

in place as close to March 1 as possible. 

The regulations need to be in effect in 

early March because under the 2010 

regulations most commercial fishing 

seasons started on March 6, and this 

date may need to be changed by the 

2011 regulations to be consistent with 

the IPHC’s decisions at its annual 

meeting in January. This rule cannot be 

published earlier because the 

preliminary TAC amounts are 

announced at the IPHCs interim meeting 

which is scheduled for early December 

of each year. The 2011 commercial 

season starting date(s) need to be 

published soon after the IPHC meeting 

to notify the public of that date so the 

industry can plan for the season. 

Combining the IPHC regulations with 

the domestic regulations for 

Washington, Oregon, California in the 

final rule is in the best interest of the 

public because it results in publication 

of all the halibut regulations in one 

Federal Register notice. 50 CFR section 

300.63(b)(1) provides that NMFS will 

publish the annual sport fishing 

regulations for Area 2A in the Federal 

Register, so this notice is where the 

fishermen get their information. This 

reduces confusion for fishery 

participants because they only have to 

reference one document for all Pacific 

halibut regulations on the West Coast 

and in Alaska. Combining these 

regulations also eliminates errors that 

may occur from trying to separate the 

halibut regulations into two different 

rules. The separation could be confusing 

to the public because many of the IPHC 

regulations apply to all West Coast and 

Alaska Pacific halibut fisheries in the 

U.S. Therefore if the regulations were 

split between two different rule making 

processes it would require many U.S. 

fishermen to refer to two separate 

Federal Register notices for one fishery. 

This proposed rule would also 

remove from the codified halibut 

regulations at 50 CFR 300.63 the 

coordinates and references for the 30 

and 100 fathom depth contours and 

instead direct readers to the pacific 

coast groundfish regulations for these 

coordinates and references. The 

coordinates in the halibut regulations 

were intended to be the same as those 

in the groundfish regulations, but the 

groundfish regulations are updated 

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more regularly. This change reduces the 

possibility that there will be 

discrepancies between the descriptions 

of the depth contours in the halibut and 

groundfish regulations. In addition, this 

change will make it easier for 

participants in the fishery and law 

enforcement officers to access the 

definitions of the depth contours, as that 

information will be in one location in 

the regulations and many of the 

participants in the halibut fishery and 

enforcement officers also work with the 

groundfish regulations. 

Incidental Halibut Retention in the 

Primary Sablefish Fishery North of Pt. 

Chehalis, Washington 

Preliminary estimates of the 2011 

Area 2A TAC are similar to the 2010 

TAC. The preliminary IPHC TAC 

recommendation for area 2A is less than 

900,000 lb (408.2 mt), which results in 

a Washington sport allocation that is 

less than 214,110 lb (97.1 mt). 

According to the catch sharing plan, 

incidental halibut retention would not 

be allowed in the primary directed 

sablefish fishery north of Point 

Chehalis, WA, in 2011 under the current 

preliminary IPHC TAC 

recommendation. While the preliminary 

TAC recommendation for area 2A may 

change following the IPHC annual 

meeting, it is not anticipated that the 

TAC will change enough to allow for 

incidental halibut retention in the 

primary sablefish fishery. 

Pacific Council Recommended Changes 

to the Plan and Domestic Fishing 

Regulations 

Each year, the Washington 

Department of Fish and Wildlife 

(WDFW) and Oregon Department of 

Fish and Wildlife (ODFW) and the 

Tribes with treaty fishing rights for 

halibut consider whether changes to the 

Plan are needed or desired by their 

fishery participants. Fishery managers 

from the States hold public meetings 

before both the September and 

November Pacific Council meetings to 

get public input on revisions to the 

Plan. At the September 2010 Pacific 

Council meeting, ODFW recommended 

several changes to the Plan. WDFW and 

the Tribes did not recommend any 

changes to the Plan. Following the 

meeting, ODFW again reviewed their 

proposal with the public and drafted 

their recommended revisions for review 

and recommendation by the Pacific 

Council. 

At its November 2–9, 2010 meeting in 

Costa Mesa, CA, the Pacific Council 

considered the results of Statesponsored workshops on the proposed 

changes to the Plan and codified 

regulations, and made its final 

recommendations for modifications to 

the Plan and to the implementing 

regulations. The following proposed 

changes include the Council’s 

recommendations and one NMFS 

correction to its codified regulations: 

1. In the Plan section (f)(1)(v), adjust 

the Oregon Central Coast subarea spring 

and summer fishery subquota 

percentages. For the spring fishery 

adjust the allocation from 69% to 67% 

of the subarea quota, for the summer 

fishery adjust the allocation from 23% 

to 25% of the subarea quota. The goal 

of these changes is to provide as many 

fishing days as possible during the 

summer season when participation is at 

its highest. The summer fishery was 

open only three days in 2010. 

2. In the Plan section (e)(2), specify 

that the definitions of closed areas set 

forth in the groundfish regulations will 

apply to the non-Indian directed halibut 

commercial fishery. 

3. In the Plan sections (e) and (f) 

update all references to groundfish 

regulation coordinates and direct 

readers to groundfish regulations for 

depth contour coordinates. 

4. In the codified regulations at 50 

CFR 300.63 in paragraph (e), replace the 

description of the groundfish RCA with 

specific reference to the closed areas 

and depth contours in the groundfish 

regulations. 

5. In the codified regulations at 50 

CFR 300.63 remove paragraphs (f) and 

(g), which list the coordinates for the 30- 

fm and 100-fm lines, and replace this 

information with references to the 

coordinates for the 30-fm and 100-fm 

lines in the groundfish regulations. 

6. In the codified regulations at 50 

CFR 300.63 update all references to the 

groundfish regulations to reflect changes 

made as a result of the groundfish 

regulation restructure occurring through 

the Trawl Individual Quota program. 

7. In the codified regulations at 50 

CFR 300.64 add ‘‘receipt and 

possession’’ to the list of management 

measures that treaty Indian fishers must 

comply with. This change is necessary 

to make the codified regulations 

consistent with the IPHC regulations. 

Receipt and possession management 

measures have not changed, this 

requirement was inadvertently removed 

from the codified regulations and this 

change corrects that error. 

Proposed Changes to the Plan 

NMFS is proposing to approve the 

Pacific Council recommendations and to 

implement the changes described above. 

A version of the Plan including these 

changes can be found at http:// 

www.nwr.noaa.gov/Groundfish-Halibut/ 

Pacific-Halibut/Index.cfm. 

Proposed 2011 Sport Fishery 

Management Measures 

NMFS is proposing sport fishery 

management measures that are 

necessary to implement the Plan in 

2011. The annual domestic management 

measures are published each year 

through a final rule. For the 2010 fishing 

season the final rule was published on 

March 18, 2010, (75 FR 13024) and the 

following section numbers refer to 

sections within that final rule. The final 

2011 TAC for Area 2A will be 

determined by the IPHC at its annual 

meeting on January 25–28, 2011, in 

Victoria, BC. Because the final 2011 

TAC has not yet been determined, these 

proposed sport fishery management 

measures use the IPHC staff’s 

preliminary 2011 Area 2A TAC 

recommendation of 860,000 lb (390.1 

mt) which is higher than the 2010 TAC 

of 810,000 lb (367.4 mt). Where season 

dates are not indicated, those dates will 

be provided in the final rule, following 

determination of the 2011 TAC and 

consultation with the States and the 

public. In Section 8 of the annual 

domestic management measures, 

‘‘Fishing Periods’’, paragraph (2) is 

proposed to read as follows: 

(1) * * * 

(2) Each fishing period in the Area 2A 

directed fishery shall begin at 0800 

hours and terminate at 1800 hours local 

time on (insert season dates) unless the 

Commission specifies otherwise. 

(3) Notwithstanding paragraph (2), 

and paragraph (7) of section 11, an 

incidental catch fishery is authorized 

during salmon troll seasons in Area 2A 

in accordance with regulations 

promulgated by NMFS. In Area 2A 

incidental catch of halibut in the 

primary sablefish fishery is not 

authorized in 2010. 

(4) * * * 

(5) * * * 

In section 26 of the annual domestic 

management measures, ‘‘Sport Fishing 

for Halibut,’’ paragraph 1(a)–(b) will be 

updated with 2011 total allowable catch 

limits in the final rule. In section 26 of 

the annual domestic management 

measures, ‘‘Sport Fishing for Halibut’’ 

paragraph (8) is proposed to read as 

follows: 

(8) * * * 

(a) The area in Puget Sound and the 

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

east of a line extending from 48°17.30′ 

N. lat., 124°23.70′ W. long., north to 

48°24.10′ N. lat., 124°23.70′ W. long., is 

not managed in-season relative to its 

quota. This area is managed by setting 

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a season that is projected to result in a 

catch of 54,348 lb (24.6 mt). 

(i) The fishing season in eastern Puget 

Sound (east of 123°49.50′ W. long., Low 

Point) is (insert season dates), and the 

fishing season in western Puget Sound 

(west of 123°49.50′ W. long., Low Point) 

is (insert season dates), 5 days a week 

(Thursday through Monday). 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(b) The quota for landings into ports 

in the area off the north Washington 

coast, west of the line described in 

paragraph (2)(a) of section 26 and north 

of the Queets River (47°31.70′ N. lat.), is 

104,985 lb (47.6 mt). 

(i) The fishing seasons are: 

(A) Commencing on May 12 and 

continuing 2 days a week (Thursday and 

Saturday) until 104,985 lb (47.6 mt) are 

estimated to have been taken and the 

season is closed by the Commission or 

until May 29. 

(B) If sufficient quota remains the 

fishery will reopen on June 2 in the 

entire north coast subarea, continuing 2 

days per week (Thursday and Saturday) 

until there is not sufficient quota for 

another full day of fishing and the area 

is closed by the Commission. When 

there is insufficient quota remaining to 

reopen the entire north coast subarea for 

another day, then the nearshore areas 

described below will reopen for 2 days 

per week (Thursday and Saturday), until 

the overall quota of 104,985 lb (47.6 mt) 

is estimated to have been taken and the 

area is closed by the Commission, or 

until September 30, whichever is 

earlier. After May 29, any fishery 

opening will be announced on the 

NMFS hotline at 800–662–9825. No 

halibut fishing will be allowed after 

May 29 unless the date is announced on 

the NMFS hotline. The nearshore areas 

for Washington’s North Coast fishery are 

defined as follows: 

(1) WDFW Marine Catch Area 4B, 

which is all waters west of the Sekiu 

River mouth, as defined by 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., to the 

Bonilla-Tatoosh line, as defined by a 

line connecting the light on Tatoosh 

Island, WA, with the light on Bonilla 

Point on Vancouver Island, British 

Columbia (at 48°35.73′ N. lat., 

124°43.00′ W. long.) south of the 

International Boundary between the 

U.S. and Canada (at 48°29.62′ N. lat., 

124°43.55′ W. long.), and north of the 

point where that line intersects with the 

boundary of the U.S. territorial sea. 

(2) Shoreward of the recreational 

halibut 30-fm boundary line, a modified 

line approximating the 30-fm depth 

contour from the Bonilla-Tatoosh line 

south to the Queets River. The 30-fm 

depth contour is defined in groundfish 

regulations at 50 CFR 660.71(e). 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Recreational fishing for 

groundfish and halibut is prohibited 

within the North Coast Recreational 

Yelloweye Rockfish Conservation Area 

(YRCA). It is unlawful for recreational 

fishing vessels to take and retain, 

possess, or land halibut taken with 

recreational gear within the North Coast 

Recreational YRCA. A vessel fishing in 

the North Coast Recreational YRCA may 

not be in possession of any halibut. 

Recreational vessels may transit through 

the North Coast Recreational YRCA with 

or without halibut on board. The North 

Coast Recreational YRCA is a C-shaped 

area off the northern Washington coast 

intended to protect yelloweye rockfish. 

The North Coast Recreational YRCA is 

defined in groundfish regulations at 

§ 660.70(a). 

(c) 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 39,694 

lb (18 mt). 

(i) This subarea is divided between 

the all-waters fishery (the Washington 

South coast primary fishery), and the 

incidental nearshore fishery in the area 

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

N. lat. and east of a boundary line 

approximating the 30 fm depth contour. 

This area is defined by straight lines 

connecting all of the following points in 

the order stated as described by the 

following coordinates (the Washington 

South coast, northern nearshore area): 

(1) 47°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 south coast subarea quota will be 

allocated as follows: 37,694 lb (17.09 

mt) for the primary fishery and 2,000 lb 

(0.9 mt) for the nearshore fishery. The 

primary fishery commences on May 1 

and continues 2 days a week (Sunday 

and Tuesday) until May 17. Beginning 

on May 22 the primary fishery will be 

open 1 day per week (Sunday). 

Beginning on May 29 the primary 

fishery will be open 2 days per week 

(Sunday and Tuesday) until the quota 

for the south coast subarea primary 

fishery is taken and the season is closed 

by the Commission, or until September 

30, whichever is earlier. The fishing 

season in the nearshore area commences 

on May 1 and continues seven days per 

week. Subsequent to closure of the 

primary fishery the nearshore fishery is 

open seven days per week, until 39,694 

lb (18 mt) is projected to be taken by the 

two fisheries combined and the fishery 

is closed by the Commission or 

September 30, whichever is earlier. If 

the fishery is closed prior to September 

30, and there is insufficient quota 

remaining to reopen the northern 

nearshore area for another fishing day, 

then any remaining quota may be 

transferred in-season to another 

Washington coastal subarea by NMFS 

via an update to the recreational halibut 

hotline. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Seaward of the boundary line 

approximating the 30-fm depth contour 

and during days open to the primary 

fishery, lingcod may be taken, retained 

and possessed when allowed by 

groundfish regulations at 50 CFR 

660.360, Subpart G. 

(iv) Recreational fishing for 

groundfish and halibut is prohibited 

within the South Coast Recreational 

YRCA and Westport Offshore YRCA. It 

is unlawful for recreational fishing 

vessels to take and retain, possess, or 

land halibut taken with recreational gear 

within the South Coast Recreational 

YRCA and Westport Offshore YRCA. A 

vessel fishing in the South Coast 

Recreational YRCA and/or Westport 

Offshore YRCA may not be in 

possession of any halibut. Recreational 

vessels may transit through the South 

Coast Recreational YRCA and Westport 

Offshore YRCA with or without halibut 

on board. The South Coast Recreational 

YRCA and Westport Offshore YRCA are 

areas off the southern Washington coast 

established to protect yelloweye 

rockfish. The South Coast Recreational 

YRCA is defined at 50 CFR § 660.70(d). 

The Westport Offshore YRCA is defined 

at 50 CFR § 660.70(e). 

(d) The quota for landings into ports 

in the area between Leadbetter Point, 

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

OR (45°46.00′ N. lat.), is 14,227 lb (6.5 

mt). 

(i) The fishing season commences on 

May 5, and continues 3 days a week 

(Thursday, Friday and Saturday) until 

9,959 lb (4.5 mt) are estimated to have 

been taken and the season is closed by 

the Commission or until July 16, 

whichever is earlier. The fishery will 

reopen on August 5 and continue 3 days 

a week (Friday through Sunday) until 

4,268 lb (1.9 mt) have been taken and 

the season is closed by the Commission, 

or until September 30, whichever is 

earlier. Subsequent to this closure, if 

there is insufficient quota remaining in 

the Columbia River subarea for another 

fishing day, then any remaining quota 

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may be transferred in-season to another 

Washington and/or Oregon subarea by 

NMFS via an update to the recreational 

halibut hotline. Any remaining quota 

would be transferred to each State in 

proportion to its contribution. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Pacific Coast groundfish may not 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod 

when allowed by Pacific Coast 

groundfish regulations, when halibut 

are on board the vessel. 

(e) 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 163,027 

lb (73.9 mt). 

(i) The fishing seasons are: 

(A) The first season (the ‘‘inside 40- 

fm’’ fishery) commences May 1 and 

continues 7 days a week through 

October 31, in the area shoreward of a 

boundary line approximating the 40-fm 

(73-m) depth contour, or until the subquota for the central Oregon ‘‘inside 40- 

fm’’ fishery (13,042 lb (5.9 mt)) or any 

in-season revised subquota is estimated 

to have been taken and the season is 

closed by the Commission, whichever is 

earlier. The boundary line 

approximating the 40-fm (73-m) depth 

contour between 45°46.00′ N. lat. and 

42°40.50′ N. lat. is defined at 

§ 660.71(k). 

(B) The second season (spring season), 

which is for the ‘‘all-depth’’ fishery, is 

open on (insert dates beginning with 

May 1). The projected catch for this 

season is 109,228 lb (49.5 mt). If 

sufficient unharvested catch remains for 

additional fishing days, the season will 

re-open. Dependent on the amount of 

unharvested catch available, the 

potential season re-opening dates will 

be: (insert dates no later than July 31). 

If NMFS decides in-season to allow 

fishing on any of these re-opening dates, 

notice of the re-opening will be 

announced on the NMFS hotline (206) 

526–6667 or (800) 662–9825. No halibut 

fishing will be allowed on the reopening dates unless the date is 

announced on the NMFS hotline. 

(C) If sufficient unharvested catch 

remains, the third season (summer 

season), which is for the ‘‘all-depth’’ 

fishery, will be open on (insert dates 

beginning with August 5) or until the 

combined spring season and summer 

season quotas in the area between Cape 

Falcon and Humbug Mountain, OR, 

totaling 149,985 lb (68 mt), are 

estimated to have been taken and the 

area is closed by the Commission, or 

October 31, whichever is earlier. NMFS 

will announce on the NMFS hotline in 

July whether the fishery will re-open for 

the summer season in August. No 

halibut fishing will be allowed in the 

summer season fishery unless the dates 

are announced on the NMFS hotline. 

Additional fishing days may be opened 

if sufficient quota remains after the last 

day of the first scheduled open period 

(insert date following establishment of 

season dates). If, after this date, an 

amount greater than or equal to 60,000 

lb (27.2 mt) remains in the combined 

all-depth and inside 40-fm (73-m) quota, 

the fishery may re-open every Friday 

and Saturday, beginning (insert dates of 

next possible open period as established 

preseason), and ending October 31. If 

after September 5, an amount greater 

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

remains in the combined all-depth and 

inside 40-fm (73-m) quota, and the 

fishery is not already open every Friday 

and Saturday, the fishery may re-open 

every Friday and Saturday, beginning 

September 9 and 10, and ending 

October 31. After September 5, the bag 

limit may be increased to two fish of 

any size per person, per day. NMFS will 

announce on the NMFS hotline whether 

the summer all-depth fishery will be 

open on such additional fishing days, 

what days the fishery will be open and 

what the bag limit is. 

(ii) The daily bag limit is one halibut 

of any size per day per person, unless 

otherwise specified. NMFS will 

announce on the NMFS hotline any bag 

limit changes. 

(iii) During days open to all-depth 

halibut fishing, no Pacific Coast 

groundfish may be taken and retained, 

possessed or landed, except sablefish 

and Pacific cod, when allowed by 

Pacific Coast groundfish regulations, if 

halibut are on board the vessel. 

(iv) When the all-depth halibut 

fishery is closed and halibut fishing is 

permitted only shoreward of a boundary 

line approximating the 40-fm (73-m) 

depth contour, halibut possession and 

retention by vessels operating seaward 

of a boundary line approximating the 

40-fm (73-m) depth contour is 

prohibited. 

(v) Recreational fishing for groundfish 

and halibut is prohibited within the 

Stonewall Bank YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land halibut taken 

with recreational gear within the 

Stonewall Bank YRCA. A vessel fishing 

in the Stonewall Bank YRCA may not be 

in possession of any halibut. 

Recreational vessels may transit through 

the Stonewall Bank YRCA with or 

without halibut on board. The 

Stonewall Bank YRCA is an area off 

central Oregon, near Stonewall Bank, 

intended to protect yelloweye rockfish. 

The Stonewall Bank YRCA is defined at 

§ 660.70(f). 

(f) The area south of Humbug 

Mountain, Oregon (42°40.50′ N. lat.) and 

off the California coast is not managed 

in-season relative to its quota. This area 

is managed on a season that is projected 

to result in a catch of 5,316 lb (2.4 mt). 

(i) The fishing season will commence 

on May 1 and continue 7 days a week 

until October 31. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

Classification 

Regulations governing the U.S. 

fisheries for Pacific halibut are 

developed by the International Pacific 

Halibut Commission (IPHC), the Pacific 

Fishery Management Council, the North 

Pacific Fishery Management Council 

(Council), and the Secretary of 

Commerce. Section 5 of the Northern 

Pacific Halibut Act of 1982 (Halibut Act, 

16 U.S.C. 773c) provides the Secretary 

of Commerce with the general 

responsibility to carry out the 

Convention between Canada and the 

United States for the management of 

Pacific halibut, including the authority 

to adopt regulations as may be necessary 

to carry out the purposes and objectives 

of the Convention and Halibut Act. This 

final rule is consistent with the 

Secretary of Commerce’s authority 

under the Halibut Act. 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

NMFS has prepared an RIR/IRFA on 

the proposed changes to the Plan, the 

codified regulations and the annual 

domestic Area 2A halibut management 

measures. Copies of these documents 

are available from NMFS (see 

ADDRESSES). NMFS prepared an IRFA 

that describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. The 

IRFA is available from NMFS (SEE

ADDRESSES). A summary of the IRFA 

follows: 

A fish-harvesting business is 

considered a ‘‘small’’ business by the 

Small Business Administration (SBA) if 

it has annual receipts not in excess of 

$4.0 million. For related fish-processing 

businesses, a small business is one that 

employs 500 or fewer persons. For 

wholesale businesses, a small business 

is one that employs not more than 100 

people. For marinas and charter/party 

boats, a small business is one with 

annual receipts not in excess of $6.5 

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million. All of the businesses that 

would be affected by this action are 

considered small businesses under 

Small Business Administration 

guidance. 

In 2010, 565 vessels were issued IPHC 

licenses to retain halibut. IPHC issues 

licenses for: The directed commercial 

fishery in Area 2A (192 licenses in 

2010), including licenses issued to 

retain halibut caught incidentally in the 

primary sablefish fishery; incidental 

halibut caught in the salmon troll 

fishery (233 licenses in 2010); and the 

charterboat fleet (140 licenses in 2010). 

No vessel may participate in more than 

one of these three fisheries per year. 

Individual recreational anglers and 

private boats are the only sectors that 

are not required to have an IPHC license 

to retain halibut. 

The IRFA analyzed the impacts of the 

changes to the Plan and regulations. For 

the 2011 fishing year the proposed 

changes to the Plan, which allocates the 

catch of Pacific halibut among users in 

Washington, Oregon and California, and 

the Federal regulations, would: 

1. In Plan section (f)(1)(v), adjust the 

Oregon Central Coast subarea spring and 

summer fishery subquota percentages. 

For the spring fishery adjust the 

allocation from 69% to 67% of the 

subarea quota, for the summer fishery 

adjust the allocation from 23% to 25% 

of the subarea quota. The goal of these 

changes is to provide as many fishing 

days as possible during the summer 

season when participation is at its 

highest. The summer fishery was open 

only three days in 2010. 

2. In Plan section (e)(2), specify that 

the definitions of closed areas set forth 

in the groundfish regulations will apply 

to the non-Indian directed halibut 

commercial fishery. 

3. In Plan sections (e) and (f) update 

all references to groundfish regulation 

coordinates and direct readers to 

groundfish regulations for depth 

contour coordinates 

4. In the codified regulations at 50 

CFR 300.63 in paragraph (e), replace the 

description of the groundfish RCA with 

specific reference to the closed areas 

and depth contours in the groundfish 

regulations. 

5. In the codified regulations at 50 

CFR 300.63 remove paragraphs (f) and 

(g), which list the coordinates for the 30- 

fm and 100-fm lines, and replace this 

information with references to the 

coordinates for the 30-fm and 100-fm 

lines in the groundfish regulations. 

6. In the codified regulations at 50 

CFR 300.63 update all references to the 

groundfish regulations to reflect changes 

made as a result of the groundfish 

regulation restructure occurring through 

the Trawl Individual Quota program. 

7. In the codified regulations at 50 

CFR 300.64 add ‘‘receipt and 

possession’’ to the list of management 

measures that treaty Indian fishers must 

comply with. This change is necessary 

to make the codified regulations 

consistent with the IPHC regulations. 

Receipt and possession management 

measures have not changed, this 

requirement was inadvertently removed 

from the codified regulations and this 

change corrects that error. 

Because there is no new analysis or 

information available, the RIR/IRFA 

relies on the analysis in the 2009 RIR, 

which used information from the Pacific 

Fishery Management Council’s DEIS on 

the 2009–2010 Groundfish Biennial 

Harvest Specifications and Management 

Measures to make income impact 

projections of the TAC on coastal 

communities. Using available analysis 

from the DEIS, the 2009 RIR estimated 

that the 2008 combined economic 

impact of commercial, recreational, and 

Tribal fisheries generated about $8.8 

million in income impacts to the coastal 

Tribal and non-Tribal communities. 

Income impacts are the amount of 

employee salaries and benefits, business 

owner (proprietor) income and 

property-related income (rents, 

dividends, interest, royalties, etc that 

result from commercial fishing and 

recreational expenditures). This 2008 

estimate was based on a TAC of 

1,220,000 lbs. For 2011, the TAC is 

projected to be 860,000 lbs or about 70 

percent of the 2008 TAC. On a 

proportional basis, this decline would 

suggest that the income impacts for 

2011 would be about $6.0 million. This 

projection assumes that prices are 

constant. However, this is not the case. 

According the Pacific States Marine 

Fisheries Commission PacFIN data 

reports (Report 307), the halibut prices 

have varied significantly by year: 2008– 

$3.57/lb, 2009–$2.72/lb, and through 

November 2010–$4.01 per lb. At $4.01 

per lb, the projected ex-vessel value of 

the 2011 commercial Tribal (270,572 

lbs) and non-Tribal (177,203 lbs) fishery 

is worth ex-vessel (payments to 

commercial fishermen) basis about $1.8 

million. These ex-vessel price changes 

only affect the income estimates 

associated with commercial fishermen, 

and Tribal fishermen. 

The changes to the Plan and 

regulations do not include any reporting 

or recordkeeping requirements. These 

changes will not duplicate, overlap or 

conflict with other laws or regulations. 

These changes to the Plan and annual 

domestic Area 2A halibut management 

measures are not expected to meet any 

of the RFA tests of having a ‘‘significant’’ 

economic impact on a ‘‘substantial 

number’’ of small entities because the 

changes will not affect overall 

allocations. They are designed to 

provide the best fishing opportunities 

within the overall TAC. Nonetheless, 

NMFS has prepared an IRFA. Through 

this proposed rule, NMFS requests 

comments on these conclusions. 

Pursuant to Executive Order 13175, 

the Secretary recognizes the sovereign 

status and co-manager role of Indian 

Tribes over shared Federal and Tribal 

fishery resources. Section 302(b)(5) of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

establishes a seat on the Pacific Council 

for a representative of an Indian Tribe 

with Federally recognized fishing rights 

from California, Oregon, Washington, or 

Idaho. 

The U.S. Government formally 

recognizes that the 13 Washington 

Tribes have treaty rights to fish for 

Pacific halibut. In general terms, the 

quantification of those rights is 50 

percent of the harvestable surplus of 

Pacific halibut available in the Tribes’ 

usual and accustomed (U and A) fishing 

areas (described at 50 CFR 300.64). Each 

of the treaty Tribes has the discretion to 

administer their fisheries and to 

establish their own policies to achieve 

program objectives. Accordingly, Tribal 

allocations and regulations, including 

the proposed changes to the Plan, have 

been developed in consultation with the 

affected Tribe(s) and, insofar as 

possible, with Tribal consensus. 

List of Subjects in 50 CFR Part 300 

Fisheries, Fishing, and Indian 

fisheries. 

Dated: January 12, 2011. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is proposed 

to be amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

1. The authority citation for part 300 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq. 

2. In § 300.63, paragraphs (d)(1)(i), 

(d)(1)(ii), and (e), are revised to read as 

follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(d) * * * 

(1) * * * 

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(i) The sport fishery under section 26 

of the annual domestic management 

measures and IPHC regulations; 

(ii) The commercial directed fishery 

for halibut during the fishing period(s) 

established in section 8 of the annual 

domestic management measures and 

IPHC regulations and/or the incidental 

retention of halibut during the primary 

sablefish fishery described at 50 CFR 

660.231; or 

* * * * * 

(e) Area 2A Non-Treaty Commercial 

Fishery Closed Areas. 

(1) Non-treaty commercial vessels 

operating in the directed commercial 

fishery for halibut in Area 2A are 

required to fish outside of a closed area, 

known as the Rockfish Conservation 

Area (RCA), that extends along the coast 

from the U.S./Canada border south to 

40°10′ N. lat. Between the U.S./Canada 

border and 46°16′ N. lat., the eastern 

boundary of the RCA, is the shoreline. 

Between 46°16′ N. lat. and 43°00′ N. lat., 

the RCA is defined along an eastern 

boundary by a line approximating the 

30-fm (55-m) depth contour. 

Coordinates for the 30-fm (55-m) 

boundary are listed at 50 CFR 660.71(e). 

Between 43°00′ N. lat. and 42°00′ N. lat., 

the RCA is defined along an eastern 

boundary by a line approximating the 

20-fm (37-m) depth contour. 

Coordinates for the 20-fm (37-m) 

boundary are listed at 50 CFR 660.71(b). 

Between 42°00′ N. lat. and 40°10′ N. lat., 

the RCA is defined along an eastern 

boundary by the 20-fm (37-m) depth 

contour. Between the U.S./Canada 

border and 40°10′ N. lat., the RCA is 

defined along a western boundary 

approximating the 100-fm (183-m) 

depth contour. Coordinates for the 100- 

fm (183-m) boundary are listed at 50 

CFR 660.73(a). 

(2) Non-treaty commercial vessels 

operating in the incidental catch fishery 

during the sablefish fishery north of Pt. 

Chehalis, Washington, in Area 2a are 

required to fish outside of a closed area. 

Under Pacific Coast groundfish 

regulations at 50 CFR 660.230, fishing 

with limited entry fixed gear is 

prohibited within the North Coast 

Commercial Yelloweye Rockfish 

Conservation Area (YRCA). It is 

unlawful to take and retain, possess, or 

land halibut taken with limited entry 

fixed gear within the North Coast 

Commercial YRCA. The North Coast 

Commercial YRCA is an area off the 

northern Washington coast, overlapping 

the northern part of the North Coast 

Recreational YRCA, and is defined by 

straight lines connecting latitude and 

longitude coordinates. Coordinates for 

the North Coast Commercial YRCA are 

specified in groundfish regulations at 50 

CFR 660.70(b). 

(3) Non-treaty commercial vessels 

operating in the incidental catch fishery 

during the salmon troll fishery in Area 

2A are required to fish outside of a 

closed area. Under the Pacific Coast 

groundfish regulations at 50 CFR 

660.330(10), fishing with salmon troll 

gear is prohibited within the Salmon 

Troll YRCA. It is unlawful for 

commercial salmon troll vessels to take 

and retain, possess or land fish within 

the Salmon Troll YRCA. The Salmon 

Troll YRCA is an area off the northern 

Washington coast and is defined by 

straight lines connecting latitude and 

longitude coordinates. Coordinates for 

the Salmon Troll YRCA are specified in 

groundfish regulations at 50 CFR 

660.70(c), and in salmon regulations at 

50 CFR 660.405. 

4. In § 300.64, paragraph (d) is revised 

to read as follows: 

§ 300.64 Fishing by U.S. treaty Indian 

Tribes. 

* * * * * 

(d) Commercial fishing for halibut by 

treaty Indians shall comply with the 

Commission’s management measures 

governing size limits, careful release of 

halibut, logs, receipt and possession and 

fishing gear (published pursuant to 

§ 300.62), except that the 72-hour 

fishing restriction preceding the 

opening of a halibut fishing period shall 

not apply to treaty Indian fishing. 

* * * * * 

[FR Doc. 2011–934 Filed 1–14–11; 8:45 am] 

BILLING CODE 3510–22–P 

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