[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Proposed Rules]
[Pages 382-384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 961217359-6359-01; I.D. 121196B]
RIN 0648-AJ11


Pacific Halibut Fisheries; Catch Sharing Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule and proposed catch sharing plan.

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SUMMARY: NMFS proposes to approve and implement revisions to the Catch 
Sharing Plan (Plan) for sport harvests of Pacific halibut off Oregon 
under authority of the Northern Pacific Halibut Act of 1982 (Halibut 
Act). NMFS also proposes sport fishery regulations to implement the 
Plan in 1997. The proposed rule is intended to carry out the objectives 
of the Plan for 1997.

DATES: Comments on the changes to the Plan must be received by January 
19, 1997; comments on the proposed sport fishery regulations must be 
received by February 15, 1997.

ADDRESSES: Send comments or requests for the Plan to William Stelle, 
Jr., Director, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, 
WA 98115.

FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6140.

SUPPLEMENTARY INFORMATION: The Halibut Act of 1982 at 16 U.S.C. 773c 
provides that the Secretary of Commerce (Secretary) shall have general 
responsibility to carry out the Halibut Convention between the United 
States and Canada and that the Secretary shall adopt such regulations 
as may be necessary to carry out the purposes and objectives of the 
Convention and the Halibut Act. Section 773c(c) also authorizes the 
regional fishery management council having authority for the geographic 
area concerned to develop regulations governing the Pacific halibut 
catch in U.S. Convention waters that are in addition to, but not in 
conflict with, regulations of the International Pacific Halibut 
Commission (IPHC). Accordingly, catch sharing plans to allocate the 
total allowable catch (TAC) of Pacific halibut between treaty Indian 
and non-Indian harvesters, and among non-Indian commercial and sport 
fisheries in IPHC statistical Area 2A (off Washington, Oregon, and 
California) have been developed each year since 1988 by the Pacific 
Fishery Management Council (Council) in accordance with the Halibut 
Act. In 1995, NMFS implemented a Council-recommended long-term Plan (60 
FR 14651, March 20, 1995) which was revised in 1996 (61 FR 11337, March 
20, 1996). The Plan allocates 35 percent of the Area 2A TAC to 
Washington treaty Indian tribes in Subarea 2A-1 and 65 percent to non-
Indian fisheries in Area 2A. The allocation to non-Indian 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 two 
sectors; a directed (traditional longline) commercial fishery that is 
allocated 85 percent of the 31.7 percent (26.945 percent of the non-
Indian commercial harvest), and incidental (troll salmon) commercial 
fishery is allocated 15 percent of the 31.7 percent (4.755 percent of 
the non-Indian commercial harvest). The directed commercial fishery in 
Area 2A is confined to southern Washington (south of 46 deg.53'18'' N. 
lat.), Oregon and California. The Plan also divides the sport fisheries 
into seven geographic areas each with separate allocations, seasons, 
and bag limits.

Proposed Changes to the Plan

    At its August 1996 public meeting, the Council adopted, for public 
comment, proposed changes to the Plan on: (1) Re-structuring the Oregon 
sport fisheries from quota managed seasons to fixed-length seasons that 
are determined and set preseason, and (2) deleting the rollover 
provisions for unused quota in the commercial incidental halibut catch 
(salmon troll) fishery. At its October 1996 public meeting, the Council 
made final recommendations for modifying the Plan to restructure the 
May and August seasons in the Oregon Central Coast subarea sport 
fishery (Cape Falcon to Florence north jetty) from a quota managed to a 
fixed-length season fishery. At the request of the Oregon Department of 
Fish and Wildlife (ODFW), the Oregon South Coast subarea sport fishery 
in May was not recommended for modification based on input from sport 
users in that area; however, the August season, which is combined with 
the Central Coast subarea, was recommended for modification to a fixed-
length season. The commercial, incidental halibut catch (salmon troll) 
fishery was not recommended for change because of the Council's desire 
to maintain its original intent in the Plan to roll over any remaining 
quota not incidentally harvested during the May/June chinook salmon 
troll fishery to the directed commercial (longline) fishery.
    NMFS is proposing to implement the Council-recommended changes to 
the Plan.

Proposed Revised Section of the Plan for the Oregon Sport Fisheries

Oregon Central Coast Subarea

    If the Area 2A TAC is 388,350 lb (176.2 mt) and greater, this 
Oregon Central Coast subarea extends from Cape Falcon to the Siuslaw 
River at the Florence north jetty (44 deg.01'08'' N. lat.) and the 
sport fishery is allocated 88.4 percent of the Oregon/California sport 
allocation, which is 18.21 percent of the Area 2A TAC. If the Area 2A 
TAC is less than 388,350 lb (176.2 mt), this subarea extends from Cape 
Falcon to the California border and the sport fishery is allocated 95.4 
percent of the Oregon/California sport allocation. The structuring 
objectives for this subarea are to provide two fixed-length periods of 
fishing opportunity in May and in August in productive deeper water 
areas along the coast, principally for charter and larger private boat 
anglers, and provide a period of fishing opportunity in the summer for 
nearshore waters for small boat anglers. Fixed-length seasons will be 
established preseason for the May and August openings and will not be 
modified inseason. The average catch per day observed in the previous 3 
years in May and August will be used to estimate the number of open 
days for each fixed season. ODFW will monitor landings and provide a 
post-season estimate of catch within 2 weeks of the end of the fixed 
season. If sufficient

[[Page 383]]

catch remains for an additional day of fishing after the May season or 
the August season, openings will be provided in May and August 
respectively. Potential additional open dates for both the May and 
August seasons will be announced preseason. If a decision is made 
inseason to allow fishing on one or more of these additional dates, 
notice of the opening will be announced on the NMFS hotline (206) 526-
6667 or (800) 662-9825. No halibut fishing will be allowed on the 
additional dates unless the opening date has been announced on the NMFS 
hotline. Any poundage remaining unharvested in the subquotas from 
earlier seasons will be added to the next season. The daily bag limit 
for all seasons is two halibut per person, one with a minimum 32-inch 
(81.3-cm) size limit and the second with a minimum 50-inch (127.0 cm) 
size limit. ODFW will sponsor a public workshop shortly after the IPHC 
annual meeting to develop recommendations to NMFS on the opening dates 
for each season each year. The three seasons for this subarea are as 
follows.
    1. The first season is an all-depth fishery that begins in mid-May 
and is allocated 68 percent of the subarea quota. Fixed season dates 
will be established preseason based on projected catch per day and 
number of days to achievement of the subquota for this first season. No 
inseason adjustments will be made, except that additional opening days 
(established preseason) may be allowed if any quota for this season 
remains unharvested. The fishery will be open 2 days per week (Friday 
and Saturday) if the season is for 4 or fewer fishing days. The fishery 
will be open 3 days per week (Thursday through Saturday) if the season 
is for 5 or more fishing days.
    2. The second season opens the day following closure of the first 
season, only in waters inside the 30-fathom (55-m) curve, and continues 
daily until 7 percent of the subarea quota is taken, or until early 
August, whichever is earlier.
    3. The last season is a coastwide (Cape Falcon to Oregon/California 
border) all-depth fishery that begins in early August and is allocated 
25 percent of the subarea quota. Fixed season dates will be established 
preseason based on projected catch per day and number of days to 
achievement of the combined Oregon subarea quotas south of Cape Falcon. 
No inseason adjustments will be made, except that additional opening 
days (established preseason) may be allowed if quota remains 
unharvested. The fishery will be open 2 days per week (Friday and 
Saturday).

Oregon South Coast Subarea

    If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this Oregon 
South Coast subarea extends from the Siuslaw River at the Florence 
north jetty (44 deg.01'08'' N. lat.) to the California border 
(42 deg.00'00'' N. lat.) and the sport fishery is allocated 7.0 percent 
of the Oregon/California sport allocation, which is 1.44 percent of the 
Area 2A TAC. If the Area 2A TAC is less than 388,350 lb (176.2 mt), 
this subarea will be included in the Oregon Central Coast subarea. The 
structuring objective for this subarea is to create a south coast 
management zone designed to accommodate the needs of both charterboat 
and private boat anglers in this area where weather and bar crossing 
conditions very often do not allow scheduled fishing trips. The first 
and second seasons will be managed for a quota, and a fixed-length 
season will be established preseason for the August coastwide season 
(Cape Falcon to Oregon/California border). The average catch per day 
observed in the previous 3 years fisheries in August would be used to 
estimate the number of days for the fixed season. Any poundage 
remaining in the subquotas from earlier seasons would be added to the 
next season. Additional open dates may be allowed after the August 
fixed-length season if sufficient quota remains for an additional day 
of fishing. If a decision is made inseason to allow fishing on one or 
more of these additional dates, notice of the opening will be announced 
on the NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut 
fishing will be allowed on the additional dates unless the opening date 
has been announced on the NMFS hotline. Additional open dates will be 
announced preseason. The daily bag limit for all seasons is two halibut 
per person, one with a minimum 32-inch (81.3-cm) size limit and the 
second with a minimum 50-inch (127.0-cm) size limit. ODFW will sponsor 
a public workshop shortly after the IPHC annual meeting to develop 
recommendations to NMFS on the opening dates for each season each year. 
The three seasons for this subarea are as follows:
    1. The first season is an all-depth fishery that begins in May and 
continues at least 3 days per week (dependent on TAC) until 80 percent 
of the subarea quota is taken.
    2. The second season opens the day following closure of the first 
season, only in waters inside the 30-fathom (55 m) curve, and continues 
daily until the subarea quota is estimated to have been taken, or early 
August, whichever is earlier.
    3. The last season is a coastwide (Cape Falcon to Oregon/California 
border) all-depth fishery that begins in early August. Fixed season 
dates will be established preseason based on projected catch per day 
and number of days to achievement of the combined Oregon subarea quotas 
south of Cape Falcon. No inseason adjustments will be made, except that 
additional opening days (established preseason) may be allowed if quota 
remains unharvested. The fishery will be open 2 days per week (Friday 
and Saturday).

Proposed Sport Fishery Regulations

    This document also proposes sport fishery regulations necessary to 
implement the Plan in 1997. These proposed sport fishery regulations 
are based on the 1996 Area 2A TAC of 520,000 lb (235.9 mt). Many of the 
proposed sport fishing regulations are the same as the 1996 
regulations, which were published on March 20, 1996 (61 FR 11337). It 
is unknown at this time what the 1997 TAC will be, but information 
available from IPHC indicates the TAC will likely be greater than 1996. 
If the 1997 TAC is greater than 1996, the proposed sport regulations 
will be revised in a final rule as described in the Plan. The final TAC 
will be determined by the IPHC at its annual meeting in January 1997. 
The proposed sport fishing regulations for 1997 by subarea based on the 
1996 TAC of 520,000 lb (235.9 mt), are as follows:

Washington Inside Waters Subarea (Puget Sound and Straits)

    The proposed sport regulations for this subarea are similar to 
1996, except that the season is reduced by 2 weeks, because the catch 
rate in 1996 was greater than predicted preseason in 1996. The proposed 
fishing season would be open from May 23 through July 13, 5 days a week 
(Thursday through Monday). If the 1997 TAC is greater than 1996, the 
season length and/or days open per week will likely increase. The final 
determination of the season dates that will be open will be based on 
the allowable harvest level, estimated catch rates, and recommendations 
developed in a public workshop sponsored by Washington Department of 
Fish and Wildlife after the 1997 TAC is set by the IPHC.

Washington North Coast Subarea (north of the Queets River)

    The proposed sport regulations for this subarea are the same as 
1996 with a May 1 opening and continuing 5 days per week (Tuesday 
through Saturday) until the quota is taken. If the 1997 TAC is the same 
as 1996, the quota for this

[[Page 384]]

subarea would likely be reached by the end of May. If the 1997 TAC is 
greater than 1996, the Plan stipulates that the second priority (after 
a 5-days-per-week season in May) is to reopen the fishery on July 1 and 
continue through at least July 4. The next priority in the Plan, if the 
TAC is sufficient, is to increase the May season to 7 days per week and 
continue into June.

Washington South Coast Subarea

    The proposed sport regulations for this subarea are the same as 
1996 with a May 1 opening and continuing 7 days per week until 1,000 lb 
(0.45 mt) remain in the quota, and then would reopen as a nearshore 
fishery until the remaining quota is taken, or September 30, whichever 
occurs first. The Plan does not stipulate any change in the structuring 
of this season if the 1997 TAC is greater than 1996.

Columbia River Subarea

    The proposed sport regulations for this subarea are the same as 
1996 with a May 1 opening and continuing 7-days per week until the 
quota is reached or September 30, whichever occurs first. The Plan does 
not stipulate any change in the structuring of this season if the 1997 
TAC is greater than 1996.

Oregon Central Coast Subarea

    The proposed changes to the Plan would change the structuring for 
the May and August seasons in this area to fixed-seasons. With an Area 
2A TAC of 520,000 lb (235.9 mt), the May opening would be a 5-day 
fishery with a 3-day season from May 8 through May 10, and a 2-day 
season on May 16 and 17. If sufficient quota remains after this season 
for additional days fishing, the open dates would be May 31, then May 
30, then May 29. The 30-fathom fishery would open on May 18 and 
continue until July 31 or attainment of quota for this season. The 
August coastwide unrestricted-depth fishery (Cape Falcon to Oregon/
California border) would be a 2-day season on August 1 and 2. If 
sufficient quota remains after this season for additional days fishing, 
the open dates would be August 16, then August 15, then August 14. If 
the 1997 TAC is greater than 1996, the May season may be more than 5 
days, and the fishery would be open 3 days per week as described in the 
above proposed changes to the Plan. The final determination of the 
season dates will be based on the allowable harvest level, estimated 
catch rates, and recommendations developed in a public workshop 
sponsored by ODFW after the 1997 TAC is set by the IPHC.

Oregon South Coast Subarea

    The proposed sport regulations for the first and second seasons are 
the same as 1996 with the first season opening May 16 and continuing 3 
days per week until 80 percent of the quota is taken, then switching to 
a nearshore water fishery until the subarea quota is taken or July 31, 
whichever is earlier. The third coastwide (Cape Falcon to OR/CA border) 
unrestricted depth season would be a 2-day season on August 1 and 2. If 
sufficient quota remains after this season for additional days fishing, 
the open dates would be August 16, then August 15, then August 14. The 
Plan, as proposed to be changed (described above), does not stipulate 
any change in the structuring of the seasons if the 1997 TAC is greater 
than 1996. The final determination of the season opening dates will be 
based on recommendations developed in a public workshop sponsored by 
ODFW after the 1997 TAC is set by the IPHC.

California Subarea

    The proposed sport regulations for this subarea are the same as 
1996 with a May 1 opening and continuing 7-days per week until 
September 30. The Plan does not stipulate any change in the structuring 
of this season if the 1997 TAC is greater than 1996.
    NMFS requests public comments on the Council's recommended 
modifications to the Plan and the proposed sport fishing regulations. 
The Area 2A TAC will be set by the IPHC at its annual meeting on 
January 27-30, 1997. Comments on the proposed changes to the Plan are 
requested by January 19, 1997 so that final changes to the Plan can be 
approved before the IPHC meeting. Comments on the proposed sport 
regulations are requested by February 15, 1997, after the IPHC annual 
meeting, so that the public will have the opportunity to consider the 
final Area 2A TAC before submitting comments on the proposed sport 
fishing regulations. 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 Area 2A TAC is known, and after NMFS 
reviews public comments and comments from the States, NMFS will issue 
final rules for the Area 2A Pacific halibut sport fishery concurrent 
with the IPHC regulations for the 1997 Pacific halibut fisheries.
    Copies of the Plan are available from NMFS (see ADDRESSES).

Classification

    The proposed revisions to the Plan and sport regulations are not 
significant and fall within the scope of the 1995 Environmental 
Assessment/Regulatory Impact Review prepared by the Council, which also 
applies to this action.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed action, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities as follows:

    The proposed revisions to the Catch Sharing Plan would not 
change the allocation of the total allowable catch of Pacific 
halibut between treaty and non-Indian fisheries, and among non-
Indian commercial and sport fisheries in International Pacific 
Commission Statistical Area 2A (off Washington, Oregon, and 
California). The proposed revisions, recommended by the Pacific 
Fishery Management Council, would affect only the non-Indian sports 
fishery and are intended to allow users to better utilize 
allocations in the sport fisheries off Oregon.
    Many of the proposed sport fishing regulations are similar to 
those implemented in 1996 and are based on the Area 2A 1996 total 
allowable catch of 520,000 pounds (235.9 metric tons) of Pacific 
halibut. If the International Pacific Halibut Commission determines 
that the 1997 total allowable catch for Area 2A is greater than the 
1996 amount, the fishing seasons and open fishing dates could be 
adjusted to provide for an increased sport fishery harvest. Any 
increase in the 1997 total allowable catch would have a positive 
economic impact on the sport fisheries.

    Therefore, a regulatory flexibility analysis was not prepared.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

    Dated: December 27, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-6 Filed 1-2-96; 8:45 am]
BILLING CODE 3510-22-F