[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Proposed Rules]
[Pages 2871-2877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-934]


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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.

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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

[[Page 2872]]

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:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Fax: 206-526-6736, Attn: Sarah Williams.
    <bullet> 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 non-Tribal 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[deg]53.30' 
N. lat.), Oregon, and California. North of 46[deg]53.30' N. lat. (Pt. 
Chehalis), the Plan allows for incidental halibut retention in the 
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

[[Page 2873]]

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 State-sponsored 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[deg]17.30' N. lat., 
124[deg]23.70' W. long., north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., is not managed in-season relative to its quota. This area is 
managed by setting

[[Page 2874]]

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[deg]49.50' W. long., Low Point) is (insert season dates), and the 
fishing season in western Puget Sound (west of 123[deg]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[deg]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[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., 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[deg]35.73' 
N. lat., 124[deg]43.00' W. long.) south of the International Boundary 
between the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]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 Sec.  660.70(a).
    (c) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.) and Leadbetter Point, WA 
(46[deg]38.17' N. lat.), is 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[deg]31.70' N. lat. south to 46[deg]58.00' 
N. lat. and east of a boundary line approximating the 30 fm depth 
contour. This area is defined by straight lines connecting all of the 
following points in the order stated as described by the following 
coordinates (the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N.lat., 124[deg]37.03' W. long.;
    (2) 47[deg]25.67' N. lat., 124[deg]34.79' W. long.;
    (3) 47[deg]12.82' N. lat., 124[deg]29.12' W. long.;
    (4) 46[deg]58.00' N. lat., 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 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 Sec.  660.70(d). The Westport Offshore YRCA 
is defined at 50 CFR Sec.  660.70(e).
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.) and Cape Falcon, OR 
(45[deg]46.00' N. lat.), is 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

[[Page 2875]]

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[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]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 sub-quota 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[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is 
defined at Sec.  660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open 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 re-opening 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 Sec.  660.70(f).
    (f) The area south of Humbug Mountain, Oregon (42[deg]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

[[Page 2876]]

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 Sec.  300.63, paragraphs (d)(1)(i), (d)(1)(ii), and (e), are 
revised to read as follows:


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

* * * * *
    (d) * * *
    (1) * * *

[[Page 2877]]

    (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[deg]10' 
N. lat. Between the U.S./Canada border and 46[deg]16' N. lat., the 
eastern boundary of the RCA, is the shoreline. Between 46[deg]16' N. 
lat. and 43[deg]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[deg]00' N. lat. and 42[deg]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[deg]00' N. lat. and 40[deg]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[deg]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 Sec.  300.64, paragraph (d) is revised to read as follows:


Sec.  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 Sec.  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