2032 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Proposed Rules 

for any such shipment that, on the date 

of publication, was in transit to the 

United States on board a vessel 

operating as a common carrier. 

(4) Removal of import restrictions. 

Upon a determination by the Secretary 

of Commerce that an identified nation 

that was not certified positively has 

satisfactorily met the conditions in this 

subpart and that nation has been 

positively certified, the provisions of 

§ 300.205 shall no longer apply. The 

Secretary of Commerce, with the 

concurrence of the Secretary of State 

and in cooperation with the Secretary of 

Treasury, will notify such nations and 

will file with the Office of the Federal 

Register for publication notification of 

the removal of the import restrictions 

effective on the date of publication. 

§ 300.206 Alternative procedures for IUU 

fishing activities. 

(a) The alternative procedures in this 

section apply to the certification of fish 

or fish products from a nation identified 

under § 300.202 in the event that the 

Secretary cannot reach a certification 

determination for such identified nation 

by the time of the next biennial report. 

These alternative procedures shall not 

apply to fish or fish products from 

identified nations that have received 

either a negative or a positive 

certification under this subpart. Under 

these alternative procedures, the 

Secretary of Commerce may allow entry 

of fish or fish products on a shipment– 

by–shipment, shipper–by–shipper, or 

other basis as long as the following 

conditions are met. 

(b) To qualify for the alternative 

certification procedures, NMFS must 

determine that: 

(1) The vessel has not engaged in IUU 

fishing in violation of an international 

fishery management agreement to which 

the U.S. is a party; or 

(2) The vessel is not identified by an 

international fishery management 

organization as participating in IUU 

fishing activities. 

(c) Fish or fish products offered for 

entry under this section must be 

accompanied by a completed 

documentation of admissibility form, 

which is available from NMFS. Such 

documentation must be submitted to 

NMFS by electronic facsimile (fax), or 

once available, via the Internet, to a 

number or website designated by NMFS. 

The documentation of admissibility 

must be executed by a duly authorized 

official of the country named in the 

finding and the documentation of 

admissibility must be validated by a 

responsible official(s) designated by 

NMFS. 

§ 300.207 Alternative procedures for 

bycatch of PLMRs. 

(a) The alternative procedures in this 

section apply to the certification of fish 

or fish products from a nation identified 

under § 300.203 in the event that the 

Secretary cannot reach a certification 

determination for such identified nation 

by the time of the next biennial report. 

These alternative procedures shall not 

apply to fish or fish products from 

identified nations that have received 

either a negative or a positive 

certification under this subpart. Under 

these alternative procedures, the 

Secretary of Commerce may allow entry 

of fish or fish products on a shipment– 

by–shipment, shipper–by–shipper, or 

other basis as long as the following 

conditions are met. 

(b) To qualify for the alternative 

certification procedures, NMFS must 

determine that imports were harvested 

by practices that do not result in 

bycatch of a protected marine species, 

or were harvested by practices that: 

(1) Are comparable to those of the 

United States, taking into account 

different conditions, and which, in the 

case of pelagic longline fisheries, the 

regulatory program of an identified 

nation includes mandatory use of circle 

hooks, careful handling and release 

equipment, and training and observer 

programs; and 

(2) Include the gathering of species 

specific data that can be used to support 

international and regional stock 

assessments and conservation efforts for 

protected living marine resources. 

(c) Fish or fish products offered for 

entry under this section must be 

accompanied by a completed 

documentation of admissibility form, 

which is available from NMFS. Such 

documentation must be submitted to 

NMFS by electronic facsimile (fax), or 

once available, via the Internet, to a 

number or website designated by NMFS. 

The documentation of admissibility 

must be executed by a duly authorized 

official of the country named in the 

finding and the documentation of 

admissibility must be validated by a 

responsible official(s) designated by 

NMFS. 

[FR Doc. E9–609 Filed 1–9–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0812311655–81657–01] 

RIN 0648–AX44 

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, 

which 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 

yelloweye rockfish and other 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 

measures must be received no later than 

5 p.m., local time on February 1, 2009. 

ADDRESSES: Copies of the Plan and 

Regulatory Impact Review (RIR)/Initial 

Regulatory Flexibility Analysis (IRFA) 

are available from D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE, Seattle, WA 98115–0070. Electronic 

copies of the Plan, including proposed 

changes for 2009, and of the draft RIR/ 

IRFA are also available at the NMFS 

Northwest Region website: http:// 

www.nwr.noaa.gov, click on 

‘‘Groundfish & Halibut.’’ 

You may submit comments, identified 

by RIN 0648–AX44, 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: D. Robert Lohn, 

Administrator, Northwest Region, 


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NMFS, Attn: Sarah Williams, 7600 Sand 

Point Way NE, Seattle, WA 98115–0070. 

Instructions: 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. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Williams, telephone (206)526– 

4646. 

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 

13–16, 2009, in Vancouver, BC. 

Preliminary estimates of the Area 2A 

TAC are lower than the 2008 TAC. 

NMFS requests public comments on the 

Pacific Council’s recommended 

modifications to the Plan and the 

proposed domestic fishing regulations 

by February 6, 2009. 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 the Area 2A Pacific 

halibut fisheries concurrent with its 

publication of the IPHC regulations for 

the 2009 Pacific halibut fisheries. 

Pacific Council Recommended Changes 

to the Plan and Domestic Fishing 

Regulations 

Each year, the states (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 2008 Pacific 

Council meeting, NMFS, WDFW and 

ODFW recommended several changes to 

the Plan, and the tribes announced that 

they had no proposals for revising the 

Plan in 2009. Following the meeting, the 

states again reviewed their proposals 

with the public and drafted their 

recommended revisions for review and 

recommendation by the Pacific Council. 

At its November 3–7, 2008, meeting in 

San Diego, CA, the Pacific Council 

considered the results of statesponsored workshops on the proposed 

changes to the Plan, NMFS-proposed 

changes to the Plan, and public 

comments, and made final 

recommendations for modifications to 

the Plan and implementing regulations 

as follows: 

1. Remove the provision that divides 

the Washington North Coast subarea 

quota between May and June; 

2. Change the Washington North 

Coast subarea to a 2-day per week 

fishery, Thursday and Saturday, from a 

3-day per week fishery; 

3. Change the June re-opening date in 

the Washington North Coast subarea to 

the first Thursday in June, from the 

status-quo of the first Tuesday and 

Thursday after June 16; 

4. Clarify that the nearshore set-aside 

in the Washington South Coast subarea 

is 10 percent of the subquota, or 2,000 

pounds, whichever is less, rather than a 

straight 10 percent of the subquota; 

5. Set the Washington South Coast 

subarea to open the first Sunday in May 

and continue to be open on Sundays 

and Tuesdays in May, except that 

beginning the third week in May the 

fishery would be open on Sunday only 

until the quota for the primary season is 

reached. Under status-quo the fishery 

was open 2 days a week until the quota 

was achieved; 

6. Set the nearshore fishery in the 

Washington South Coast subarea as a 3- 

day per week fishery, open Thursday, 

Friday, and Saturday, in addition to 

days on which the primary fishery is 

open, during the primary season. After 

the primary season, the nearshore 

fishery is open Thursday through 

Sunday. Under status-quo the nearshore 

fishery was open only after the primary 

fishery was closed, leaving a large 

amount of unfished quota, in 2008 only 

158 pounds out of the 4460 pound quota 

was caught; 

7. Specify that in addition to the 

South Coast Yelloweye Rockfish 

Conservation Area (YRCA), recreational 

fishing for groundfish and halibut will 

be prohibited in the newly created 

Westport Offshore YRCA; 

8. Change the Columbia River subarea 

spring fishery to a 3-day per week 

fishery, open Thursday, Friday and 

Saturday, until 70 percent of the subarea 

allocation is taken or until the third 

Sunday in July, whichever is earlier. 

Under status-quo this was a 7-day per 

week fishery; 

9. Specify that in the Oregon Central 

Coast subarea Pacific cod may be 


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retained with a halibut on the vessel 

during the all-depth openings. Under 

status-quo Pacific cod retention was not 

allowed. The change is intended to 

make retention consistent in the areas 

north and south of Cape Falcon and 

Pacific cod are rarely encountered south 

of Cape Falcon; 

10. Add the Nooksack tribe to the 

definition of ‘‘Treaty Indian tribes’’ in 

the Federal regulations; 

11. Add the Nooksack tribal fishing 

area boundaries to the Federal 

regulations. 

Proposed Changes to the Plan 

NMFS is proposing to approve the 

Pacific Council recommendations and to 

implement the above-described changes 

by making the following changes to the 

current Plan, which can be found at 

http://www.nwr.noaa.gov/GroundfishHalibut/Pacific-Halibut/Index.cfm : 

In section (f) of the Plan, Sport 

Fisheries, revise section (1)(ii), 

Washington north coast subarea, to read 

as follows: 

This sport fishery subarea is allocated 

62.2 percent of the first 130,845 lb (59.4 

mt) allocated to the Washington sport 

fishery, and 32 percent of the 

Washington sport allocation between 

130,845 lb (59.4 mt) and 224,110 lb 

(101.7 mt) except as provided in section 

(e)(3) of this Plan. This subarea is 

defined as all U.S. waters west of the 

mouth of the Sekiu River, as defined 

above in paragraph (f)(1)(i), and north of 

the Queets River (47°31.70’ N. lat.). The 

management objective for this subarea is 

to provide a quality recreational fishing 

opportunity during May and June. The 

fishery will open on the first Thursday 

between May 9 and 15, and continue 2 

days per week (Thursday, and Saturday) 

in May as scheduled pre-season, unless 

there is a quota management closure. If 

there is no quota management closure in 

May, the fishery will reopen on the first 

Thursday of June as an all depth fishery 

on Thursdays and Saturdays as long as 

sufficient quota remains. This schedule 

allows adequate public notice of any 

inseason action before each Thursday 

opening. If there is not sufficient quota 

for an all-depth day, the fishery would 

reopen in the nearshore areas described 

below: 

A. 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. 

B. 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. Coordinates 

for the closed area will be specifically 

defined annually in Federal halibut 

regulations published in the Federal 

Register. 

No sport fishing for halibut is allowed 

after September 30. If the fishery is 

closed prior to September 30, and there 

is insufficient quota remaining to 

reopen the nearshore areas for another 

fishing day, then any remaining quota 

may be transferred inseason to another 

Washington coastal subarea by NMFS 

via an update to the recreational halibut 

hotline. The daily bag limit in all 

fisheries is one halibut per person with 

no size limit. 

Recreational fishing for groundfish 

and halibut is prohibited within the 

North Coast Recreational Yelloweye 

Rockfish Conservation Area (YRCA). 

The North Coast Recreational YRCA is 

a C-shaped area off the northern 

Washington coast and is defined by 

straight lines connecting latitude and 

longitude coordinates. Coordinates for 

the North Coast Recreational YRCA are 

specified in groundfish regulations at 50 

CFR 660.390 and will be specifically 

defined annually in federal halibut 

regulations published in the Federal 

Register. 

In section (f) of the Plan, Sport 

Fisheries, revise section (iii), 

Washington south coast subarea, to read 

as follows: This sport fishery is 

allocated 12.3 percent of the first 

130,845 lb (59.4 mt) allocated to the 

Washington sport fishery, and 32 

percent of the Washington sport 

allocation between 130,845 lb (59.4 mt) 

and 224,110 lb (101.7 mt) (except as 

provided in section (e) (3) of this Plan). 

This subarea is defined as waters south 

of the Queets River (47°31.70’ N. lat.) 

and north of Leadbetter Point (46°38.17’ 

N. lat.). The structuring objective for 

this subarea is to maximize the season 

length, while maintaining a quality 

fishing experience. The south coast 

subarea quota will be allocated as 

follows: 10% or 2,000 pounds, 

whichever is less, will be set aside for 

the nearshore fishery with the 

remaining amount allocated to the 

primary fishery. The fishery will open 

on the first Sunday in May. The primary 

fishery will be open two days per week, 

Sunday and Tuesday, in all areas, 

except where prohibited. Starting the 

third week in May, the primary fishery 

will be open on Sundays only until the 

quota for the primary fishery season is 

reached or September 30, whichever is 

earlier. If there is insufficient quota 

remaining to reopen the primary fishery 

for another fishing day, the remaining 

primary fishery quota will be added to 

the nearshore quota. The nearshore 

fishery takes place, in the area from 

47°25.00’ N. lat. south to 46°58.00’ N. 

lat. and east of 124°30.00’ W. long. 

During the primary season the nearshore 

fishery will be open three days per 

week, Thursday, Friday and Saturday, 

in addition to any days on which the 

primary fishery is open. Subsequent to 

the closure of the primary fishery, the 

nearshore fishery will continue on 

Thursdays, Fridays, Saturdays and 

Sundays until the remaining quota is 

projected to be taken. If the fishery is 

closed prior to September 30, and there 

is insufficient quota remaining to 

reopen the nearshore areas for another 

fishing day, then any remaining quota 

may be transferred inseason to another 

Washington coastal subarea by NMFS 

via an update to the recreational halibut 

hotline. The daily bag limit is one 

halibut per person, with no size limit. 

Recreational fishing for groundfish 

and halibut is prohibited within two 

YRCAs off Washington’s southern coast. 

The South Coast Recreational YRCA and 

the Westport Offshore YRCA are defined 

by straight lines connecting latitude and 

longitude coordinates. Coordinates for 

these Recreational YRCAs are specified 

in groundfish regulations at 50 CFR 

660.390 and will be specifically defined 

annually in Federal halibut regulations 

published in the Federal Register. 

In section (f) of the Plan, Sport 

Fisheries, revise the fourth sentence of 

section (iv), Columbia River subarea, to 

read as follows: The fishery will open 

on the first Thursday in May or May 1 

if it is a Friday or Saturday, 3 days per 

week, Thursday through Saturday until 

70 percent of the subarea allocation is 

taken or until the third Sunday in July, 

whichever is earlier. 

In section (f) of the Plan, Sport 

Fisheries, revise the last sentence in the 

first paragraph in section (v), Oregon 

central coast, to read as follows: During 

days open to all-depth halibut fishing, 

no groundfish may be taken and 

retained, possessed or landed, except 

sablefish and Pacific cod when allowed 

by groundfish regulations, if halibut are 

on board the vessel. 

Proposed 2008 Sport Fishery 

Management Measures 

NMFS is proposing sport fishery 

management measures that are 


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necessary to implement the Plan in 

2009. The 2009 TAC for Area 2A will 

be determined by the IPHC at its annual 

meeting on January 13–16, 2009, in 

Vancouver, BC. Because the final 2009 

TAC has not yet been determined, these 

proposed sport fishery management 

measures use the IPHC staff’s 

preliminary 2009 Area 2A TAC 

recommendation of 860,000 lb (390 mt), 

which is lower than the 2008 TAC of 

1,220,000 lb (553 mt). Where season 

dates are not indicated, those dates will 

be provided in the final rule, following 

determination of the 2009 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. 

In section 26 of the annual domestic 

management measures, ‘‘Sport Fishing 

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

updated with 2009 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 

a season that is projected to result in a 

catch of 54,384 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 (92.8 mt). 

(i) The fishing seasons are: 

(A) Commencing on May 14 and 

continuing 2 days a week (Thursday, 

and Saturday) until 104,985 lb (92.8 mt) 

are estimated to have been taken and the 

season is closed by the Commission or 

until May 24. 

(B) If sufficient quota remains the 

fishery will reopen on June 4 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 (92.8 mt) 

is estimated to have been taken and the 

area is closed by the Commission, or 

until September 30, whichever is 

earlier. After May 24, any fishery 

opening will be announced on the 

NMFS hotline at 800–662–9825. No 

halibut fishing will be allowed after 

May 24 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 

recreational halibut 30–fm boundary 

line is defined by the following 

coordinates in the order listed: 

(1) 48°24.79’ N. lat., 124°44.07’ W. 

long.; 

(2) 48°24.80’ N. lat., 124°44.74’ W. 

long.; 

(3) 48°23.94’ N. lat., 124°44.70’ W. 

long.; 

(4) 48°23.51’ N. lat., 124°45.01’ W. 

long.; 

(5) 48°22.59’ N. lat., 124°44.97’ W. 

long.; 

(6) 48°21.75’ N. lat., 124°45.26’ W. 

long.; 

(7) 48°21.23’ N. lat., 124°47.78’ W. 

long.; 

(8) 48°20.32’ N. lat., 124°49.53’ W. 

long.; 

(9) 48°16.72’ N. lat., 124°51.58’ W. 

long.; 

(10) 48°10.00’ N. lat., 124°52.58’ W. 

long.; 

(11) 48°05.63’ N. lat., 124°52.91’ W. 

long.; 

(12) 47°56.25’ N. lat., 124°52.57’ W. 

long.; 

(13) 47°40.28’ N. lat., 124°40.07’ W. 

long.; and 

(14) 47°1.70’ N. lat., 124°37.03’ W. 

long. 

(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 by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 48°18.00’ N. lat.; 125°18.00’ W. 

long.; 

(2) 48°18.00’ N. lat.; 124°59.00’ W. 

long.; 

(3) 48°11.00’ N. lat.; 124°59.00’ W. 

long.; 

(4) 48°11.00’ N. lat.; 125°11.00’ W. 

long.; 

(5) 48°04.00’ N. lat.; 125°11.00’ W. 

long.; 

(6) 48°04.00’ N. lat.; 124°59.00’ W. 

long.; 

(7) 48°00.00’ N. lat.; 124°59.00’ W. 

long.; 

(8) 48°00.00’ N. lat.; 125°18.00’ W. 

long.; 

and connecting back to 48°18.00’ N. 

lat.; 125°18.00’ W. long. 

(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°25.00’ N. lat. south to 46°58.00’ 

N. lat. and east of 124°30.00’ W. long. 

(the Washington South coast, northern 

nearshore area). The south coast subarea 

quota will be allocated as follows: 

37,693 lb (17.1 mt), for the primary 

fishery, and 2,000 lb(1.8 mt), for the 

nearshore fishery. The primary fishery 

commences on May 3 and continues 2 

days a week (Sunday and Tuesday) until 

May 24. Beginning on May 24 the 

primary fishery will be open 1 day per 


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week (Sunday) 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 3 and, and during the primary 

season, continues 3 days a week 

(Thursday, Friday and Saturday) in 

addition to the days open in the primary 

fishery. Subsequent to closure of the 

primary fishery the nearshore fishery is 

open on Thursdays, Fridays, Saturdays 

and Sundays, 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) 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 

intended to protect yelloweye rockfish. 

The South Coast Recreational YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 46°58.00’ N. lat., 124°48.00’ W. 

long.; 

(2) 46°55.00’ N. lat., 124°48.00’ W. 

long.; 

(3) 46°55.00’ N. lat., 124°49.00’ W. 

long.; 

(4) 46°58.00’ N. lat., 124°49.00’ W. 

long.; 

and connecting back to 46°58.00’ N. 

lat., 124°48.00’ W. long. 

The Westport Offshore YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 46°54.30’ N. lat., 124°53.40’ W. 

long.; 

(2) 46°54.30’ N. lat., 124°51.00’ W. 

long.; 

(3) 46°53.30’ N. lat., 124°51.00’ W. 

long.; 

(4) 46°53.30’ N. lat., 124°53.40’ W. 

long.; 

and connecting back to 46°54.30’ N. 

lat., 124°53.40’ W. long. 

(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 14,427 lb (6.5 

mt). 

(i) The fishing season commences on 

May 1, and continues 3 days a week 

(Thursday, Friday and Saturday) until 

10,099 lb(4.6 mt) are estimated to have 

been taken and the season is closed by 

the Commission or until July 19, 

whichever is earlier. The fishery will 

reopen on August 7 and continue 3 days 

a week (Friday through Sunday) until 

4,328 lb (1.96 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 

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 (73.94 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 inseason 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 by straight 

lines connecting all of the following 

points in the order stated: 

(1) 45°46.00’ N. lat., 124°04.49’ W. 

long.; 

(2) 45°44.34’ N. lat., 124°05.09’ W. 

long.; 

(3) 45°40.64’ N. lat., 124°04.90’ W. 

long.; 

(4) 45°33.00’ N. lat., 124°04.46’ W. 

long.; 

(5) 45°32.27’ N. lat., 124°04.74’ W. 

long.; 

(6) 45°29.26’ N. lat., 124°04.22’ W. 

long.; 

(7) 45°20.25’ N. lat., 124°04.67’ W. 

long.; 

(8) 45°19.99’ N. lat., 124°04.62’ W. 

long.; 

(9) 45°17.50’ N. lat., 124°04.91’ W. 

long.; 

(10) 45°11.29’ N. lat., 124°05.19’ W. 

long.; 

(11) 45°05.79’ N. lat., 124°05.40’ W. 

long.; 

(12) 45°05.07’ N. lat., 124°05.93’ W. 

long.; 

(13) 45°03.83’ N. lat., 124°06.47’ W. 

long.; 

(14) 45°01.70’ N. lat., 124°06.53’ W. 

long.; 

(15) 44°58.75’ N. lat., 124°07.14’ W. 

long.; 

(16) 44°51.28’ N. lat., 124°10.21’ W. 

long.; 

(17) 44°49.49’ N. lat., 124°10.89’ W. 

long.; 

(18) 44°44.96’ N. lat., 124°14.39’ W. 

long.; 

(19) 44°43.44’ N. lat., 124°14.78’ W. 

long.; 

(20) 44°42.27’ N. lat., 124°13.81’ W. 

long.; 

(21) 44°41.68’ N. lat., 124°15.38’ W. 

long.; 

(22) 44°34.87’ N. lat., 124°15.80’ W. 

long.; 

(23) 44°33.74’ N. lat., 124°14.43’ W. 

long.; 

(24) 44°27.66’ N. lat., 124°16.99’ W. 

long.; 

(25) 44°19.13’ N. lat., 124°19.22’ W. 

long.; 

(26) 44°15.35’ N. lat., 124°17.37’ W. 

long.; 

(27) 44°14.38’ N. lat., 124°17.78’ W. 

long.; 

(28) 44°12.80’ N. lat., 124°17.18’ W. 

long.; 

(29) 44°09.23’ N. lat., 124°15.96’ W. 

long.; 

(30) 44°08.38’ N. lat., 124°16.80’ W. 

long.; 

(31) 44°08.30’ N. lat., 124°16.75’ W. 

long.; 

(32) 44°01.18’ N. lat., 124°15.42’ W. 

long.; 

(33) 43°51.60’ N. lat., 124°14.68’ W. 

long.; 

(34) 43°42.66’ N. lat., 124°15.46’ W. 

long.; 

(35) 43°40.49’ N. lat., 124°15.74’ W. 

long.; 


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(36) 43°38.77’ N. lat., 124°15.64’ W. 

long.; 

(37) 43°34.52’ N. lat., 124°16.73’ W. 

long.; 

(38) 43°28.82’ N. lat., 124°19.52’ W. 

long.; 

(39) 43°23.91’ N. lat., 124°24.28’ W. 

long.; 

(40) 43°20.83’ N. lat., 124°26.63’ W. 

long.; 

(41) 43°17.96’ N. lat., 124°28.81’ W. 

long.; 

(42) 43°16.75’ N. lat., 124°28.42’ W. 

long.; 

(43) 43°13.98’ N. lat., 124°31.99’ W. 

long.; 

(44) 43°13.71’ N. lat., 124°33.25’ W. 

long.; 

(45) 43°12.26’ N. lat., 124°34.16’ W. 

long.; 

(46) 43°10.96’ N. lat., 124°32.34’ W. 

long.; 

(47) 43°05.65’ N. lat., 124°31.52’ W. 

long.; 

(48) 42°59.66’ N. lat., 124°32.58’ W. 

long.; 

(49) 42°54.97’ N. lat., 124°36.99’ W. 

long.; 

(50) 42°53.81’ N. lat., 124°38.58’ W. 

long.; 

(51) 42°50.00’ N. lat., 124°39.68’ W. 

long.; 

(52) 42°49.14’ N. lat., 124°39.92’ W. 

long.; 

(53) 42°46.47’ N. lat., 124°38.65’ W. 

long.; 

(54) 42°45.60’ N. lat., 124°39.04’ W. 

long.; 

(55) 42°44.79’ N. lat., 124°37.96’ W. 

long.; 

(56) 42°45.00’ N. lat., 124°36.39’ W. 

long.; 

(57) 42°44.14’ N. lat., 124°35.16’ W. 

long.; 

(58) 42°42.15’ N. lat., 124°32.82’ W. 

long.; and 

(59) 42°40.50’ N. lat., 124°31.98’ W. 

long.; 

(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 112,488 lb (51 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 1) or until the 

combined spring season and summer 

season quotas in the area between Cape 

Falcon and Humbug Mountain, OR, 

totaling 37,496 lb (17 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 a certain amount of quota remains 

after August 9 and August 23. If after 

August 9, 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 through Sunday, beginning 

August 14–16, and ending October 31. 

If after September 6, 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 through 

Sunday, the fishery may re-open every 

Friday through Sunday, beginning 

September 11–13, and ending October 

31. After September 6, 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 by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°37.46 N. lat.; 124°24.92 W. 

long.; 

(2) 44°37.46 N. lat.; 124°23.63 W. 

long.; 

(3) 44°28.71 N. lat.; 124°21.80 W. 

long.; 

(4) 44°28.71 N. lat.; 124°24.10 W. 

long.; 

(5) 44°31.42 N. lat.; 124°25.47 W. 

long.; 

and connecting back to 44°37.46 N. 

lat.; 124°24.92 W. long. 

(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 

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 and 

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. 

The proposed changes to the Plan, 

which allocates the catch of Pacific 

halibut among users in Washington, 

Oregon and California, would: 

(1)Remove the provision that divides 

the Washington North Coast subarea 

quota between May and June; (2)Change 

the Washington North Coast subarea to 

a 2–day per week fishery, Thursday and 

Saturday, from a 3–day per week 

fishery; (3)Change the June re-opening 

date in the Washington North Coast 

subarea to the first Thursday in June, 

from the status-quo of the first Tuesday 

and Thursday after June 16;(4)Clarify 

that the nearshore set-aside in the 

Washington South Coast subarea is 10 

percent of the subquota, or 2,000 

pounds, whichever is less, rather than a 

straight 10 percent of the subquota; 

(5)Set the Washington South Coast 

subarea to open the first Sunday in May 

and continue to be open on Sundays 

and Tuesdays in May, except that 

beginning on the third week in May the 

fishery would be open on Sunday only 

until the quota for the primary season is 

reached. Under status-quo the fishery 

was open 2 days a week until the quota 

was achieved;(6)Set the nearshore 

fishery in the Washington South Coast 

subarea as a 3–day per week fishery, 

open Thursday, Friday, and Saturday, 

during and after the primary season. 

Under status-quo the nearshore fishery 

was open only after the primary fishery 

was closed, leaving a large amount of 

unfished quota, in 2008 only 158 

pounds out of the 4460 pound quota 

was caught; (7)Specify that in addition 

to the South Coast Yelloweye Rockfish 

Conservation Area (YRCA), recreational 

fishing for groundfish and halibut will 

be prohibited in the newly created 

Westport Offshore YRCA; (8) Change the 

Columbia River subarea spring fishery 

to a 3–day per week fishery, open 

Thursday, Friday and Saturday, until 70 

percent of the subarea allocation is 

taken or until the third Sunday in July, 

whichever is earlier. Under status-quo 

this was a 7–day per week fishery; (9) 

Specify that in the Oregon Central Coast 

subarea Pacific cod may be retained 

with a halibut on the vessel during the 

all-depth openings. Under status-quo 

Pacific cod retention was not allowed. 

The change is intended to make 

retention consistent in the areas north 

and south of Cape Falcon and Pacific 

cod are rarely encountered south of 

Cape Falcon; (10) Add the Nooksack 

tribe to the definition of ‘‘Treaty Indian 

tribes’’ in the federal regulations; 

(11)Add the Nooksack tribal fishing area 

boundaries to the federal regulations. 

NMFS also proposes to implement the 

portions of the Plan and management 

measures that are not implemented 

through the IPHC, which includes the 

sport fishery 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 yelloweye rockfish and other 

overfished groundfish species from 

incidental catch in the halibut fisheries. 

As mentioned in the preamble, 

WDFW held state meetings and crafted 

alternatives to adjust management of the 

sport halibut fisheries in their state. 

These alternatives were then narrowed 

by the state and brought to the Council 

at the Council’s September and 

November 2008 meetings. Generally, by 

the time the alternatives reach the 

Council, and because they have been 

through the state public review process, 

they are narrowed down into the 

proposed action and status quo. The 

Council and the States considered the 

full range of alternatives that could have 

similarly improved angler enjoyment of 

an participation in the fisheries while 

simultaneously protecting halibut and 

co-occurring groundfish species from 

overharvest. 

In 2008, 570 vessels were issued IPHC 

licenses to retain halibut. IPHC issues 

licenses for: the directed commercial 

fishery in Area 2A, including licenses 

issued to retain halibut caught 

incidentally in the primary sablefish 

fishery (296 licenses in 2008); incidental 

halibut caught in the salmon troll 

fishery (135 licenses in 2008); and the 

charterboat fleet (139 licenses in 2008). 

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. 

Specific data on the economics of 

halibut charter operations is 

unavailable. However, in January 2004, 

the Pacific States Marine Fisheries 

Commission (PSMFC) completed a 

report on the overall West Coast 

charterboat fleet. In surveying 

charterboat vessels concerning their 

operations in 2000, the PSMFC 

estimated that there were about 315 

charterboat vessels in operation off 

Washington and Oregon. In 2000, IPHC 

licensed 130 vessels to fish in the 

halibut sport charter fishery. Comparing 

the total charterboat fleet to the 130 and 

142 IPHC licenses in 2000 and 2007, 

respectively, approximately 41 to 45 

percent of the charterboat fleet could 

participate in the halibut fishery. The 

PSMFC has developed preliminary 

estimates of the annual revenues earned 

by this fleet and they vary by size class 

of the vessels and home state. Small 

charterboat vessels range from 15 to 30 

ft (4.572 to 9.144 m), and typically carry 

5 to 6 passengers. Medium charterboat 

vessels range from 31 to 49 ft (9.44 to 

14.93 m) in length and typically carry 

19 to 20 passengers. (Neither state has 

large vessels of greater than 49 ft (14.93 

m) in their fleet.) Average annual 

revenues from all types of recreational 

fishing, whalewatching and other 

activities ranged from $7,000 for small 

Oregon vessels to $131,000 for medium 

Washington vessels. Estimates from the 

RIR show the recreational halibut 

fishery generated approximately $2.5 

million in personal income to West 

Coast communities, while the non-tribal 

commercial halibut fishery generated 

approximately $2.2 million in income 

impacts. Because these estimated 

impacts for the entire halibut fishery 

overall are less than the SBA criteria for 

individual businesses, these data 

confirm that charterboat and 

commercial halibut vessels qualify as 

small entities under the Regulatory 

Flexibility Act (RFA). 

These changes are authorized under 

the Pacific Halibut Act, implementing 

regulations at 50 CFR 300.60 through 

300.65, and the Pacific Council process 

of annually evaluating the utility and 

effectiveness of Area 2A Pacific halibut 

management under the Plan. Given the 

TAC, the proposed sport management 

measures implement the Plan by 

managing the recreational fishery to 

meet the differing fishery needs of the 

various areas along the coast according 

to the Plan’s objectives. The measures 

will be very similar to last year’s 

management measures. The changes to 

the Plan and domestic management 

measures are minor changes and are 

intended to help prolong the halibut 

season, provide increased recreational 

harvest opportunities, or clarify sport 

fishery management for fishermen and 

managers. There are no large entities 

involved in the halibut fisheries; 

therefore, none of these changes to the 

Plan and domestic management 

measures will have a disproportionate 

negative effect on small entities versus 

large entities. 

These changes do not include any 

reporting or recordkeeping 

requirements. These changes will also 

not duplicate, overlap or conflict with 

other laws or regulations. Consequently, 

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 


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‘‘significant’’ economic impact on a 

‘‘substantial number’’ of small entities. 

Nonetheless, NMFS has prepared an 

IRFA. Through this proposed rule, 

NMFS is requesting 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. At section 302(b)(5), 

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 

Fishing, Fisheries, and Indian 

fisheries. 

Dated: January 7, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is proposed 

to be amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

1. In § 300.61, the definition of 

‘‘Treaty Indian tribes’’ is proposed to 

read as follows: 

§ 300.61 Definitions. 

* * * * * 

Treaty Indian tribes means the Hoh, 

Jamestown S’Klallam, Lower Elwha 

S’Klallam, Lummi, Makah, Port Gamble 

S’Klallam, Quileute, Quinault, 

Skokomish, Suquamish, Swinomish, 

Tulalip, and Nooksack tribes. 

2. In § 300.64, the following entry is 

added to the table in alphabetical order 

to read as follows: 

§ 300.64 Fishing by U.S. treaty Indian 

tribes. 

* * * * * 

Tribe Boundaries 

*****

Nooksack Those locations in the Strait of 

Juan de Fuca and Puget Sound 

as determined in or in 

accordance with Final Decision 

No. 1 and subsequent orders in 

United States v. Washington, 

384 F. Supp. 312 (W.D. Wash. 

1974), and particularly at 459 F. 

Supp. 1049, to be places at 

which the Nooksack Tribe may 

fish under rights secured by 

treaties with the United States. 

*****

[FR Doc. E9–494 Filed 1–13–09; 8:45 am] 

BILLING CODE 3510–22–S 


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