32310 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

various factors may have had adverse

impacts on the gray whale stock;

however, these factors were not likely to

jeopardize the continued existence of

the stock. Similarly there is not

substantial information in this petition,

in light of the evidence to the contrary,

indicating that the Eastern North Pacific

stock of gray whales is in danger of

extinction throughout all or a significant

portion of its range or likely to become

endangered in the foreseeable future.

Therefore, NMFS finds that the petition

does not present substantial scientific or

commercial information indicating that

the petitioned action (listing Eastern

North Pacific gray whales as threatened

or endangered) may be warranted.

Electronic Access

Updated versions of the stock

assessment reports for the Eastern North

Pacific stock of gray whales are

available at the following Internet

address: http://www.nmfs.noaa.gov/

prot—res/PR2/Stock—Assessment—

Program/individual—sars.html

Authority: 16 U.S.C. 1531, et seq.

Dated: June 8, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–15059 Filed 6–13–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 010607147–1147–01; I.D.

052101A]

RIN 0648–AP26

Pacific Halibut Fisheries; Primary

Sablefish Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to provide a regulatory framework

that would implement an Area 2A

Pacific halibut Catch Sharing Plan (CSP)

allocation to the Pacific Coast, limited

entry primary sablefish fishery. This

rule would allow halibut taken

incidentally in the primary sablefish

fishery to be retained and landed and

would provide a framework that would

allow the Pacific Fishery Management

Council (Council) to recommend halibut

catch limits for the sablefish fishery

when a halibut quota is available to that

fishery.

DATES: Comments must be submitted in

writing by July 16, 2001.

ADDRESSES: ADDRESSES: Send

comments to Donna Darm, Acting

Regional Administrator, Northwest

Region, NMFS, 7600 Sand Point Way,

Seattle, WA 98115. Copies of the

environmental assessment/regulatory

impact review (EA/RIR) for this action

are available from Donald McIsaac,

Executive Director, Pacific Fishery

Management Council (Council), 2130

SW Fifth Avenue, Suite 224, Portland,

OR 97201.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier, 206–526–6140.

SUPPLEMENTARY INFORMATION: The

Convention between the United States

and Canada for the Preservation of the

Halibut Fishery of the North Pacific

Ocean and the Bering Sea (Convention),

signed at Ottawa, Ontario, Canada, on

March 2, 1953, and amended by a

Protocol Amending the Convention,

signed at Washington, D.C., United

States of America, on March 29, 1979,

authorizes the International Pacific

Halibut Commission (Commission) to

promulgate regulations for the

conservation and management of the

Pacific halibut fishery. Before these

regulations have any effect on U.S.

fishermen, they must be approved by

the Secretary of State of the United

States pursuant to section 4 of the

Northern Pacific Halibut Act (Halibut

Act, 16 U.S.C. 773–773k) that executes

the above Convention. Section 5 of the

Halibut Act gives the Secretary of

Commerce (Secretary) the responsibility

to carry out the Convention between the

United States and Canada and requires

the Secretary to adopt such regulations

as may be necessary to carry out the

purposes and objectives of the

Convention and the Halibut Act. The

Secretary’s authority has been delegated

to the Assistant Administrator for

Fisheries, NOAA. Section 5 of the

Halibut Act also provides that the

regional fishery management council,

having authority for the geographical

area concerned, may recommend to

NMFS management measures governing

Pacific halibut catch in U.S. Convention

waters that are in addition to, but not in

conflict with, regulations of the

Commission.

The Commission describes the waters

off the coasts of Washington, Oregon,

and California as ‘‘Area 2A.’’ The

Council recommends management

policies affecting Area 2A through the

annually updated CSP, and NMFS and

the Commission adopt them for

implementation.

This CSP has been in place since

1995, when the Council re-considered

its management of non-tribal fisheries in

order to accommodate a court-ordered

increase to the tribal halibut allocation.

The tribal fisheries for halibut occur

north of Pt. Chehalis, Washington.

Under the CSP, non-tribal fisheries are

divided into three shares, with the

Washington sport fishery receiving 36.6

percent, the Oregon/California sport

fishery receiving 31.7 percent, and the

commercial fishery receiving 31.7

percent. The non-tribal commercial

fisheries included a directed

commercial fishery south of Pt. Chehalis

and a coastwide incidental halibut

retention opportunity for the salmon

troll fishery. This CSP ended non-treaty

directed commercial fishing north of Pt.

Chehalis.

In 1998, Washington State and the

Council decided to allow non-tribal

commercial longliners who had

traditionally taken halibut off the

Washington coast to have access to

some commercial halibut in years of

greater halibut abundance. Amendments

to the CSP in 1998 included a halibut

allocation for longline vessels

participating in the Pacific coast,

limited entry primary sablefish fishery

north of Pt. Chehalis. Longliner

participants in the primary sablefish

fishery were generally the same

fishermen who had lost a directed

commercial fishing opportunity in 1995.

Under 1998 changes to the CSP, this

halibut allocation would be available

only to the sablefish fishery when the

overall total allowable catch (TAC) for

Area 2A was above 900,000 lb (408.2

mt). Implementing regulations for this

portion of the CSP were not

promulgated in 1998 because there were

no fish available for this fishery. For the

first time since 1998, the Area 2A TAC

is above 900,000 lb (408.2 mt); therefore,

NMFS is now proposing implementing

regulations. Because most of the nontribal halibut quota for waters off

Washington State is allocated to the

sport fisheries, the CSP takes the

commercial sablefish fishery allocation

from the percentage previously set aside

for the Washington recreational fishery

allocation.

At its January 22–25 meeting, the

Commission set an Area 2A TAC of

1,140,000 lb (517 mt). According to the

CSP, the primary sablefish fishery

would receive an allocation of the

amount of halibut from the portion of

the Washington sport fishery allocation

(36.6 percent of the Area 2A TAC) that

is in excess of 214,110 lb (97.1 mt),

provided that a minimum of 10,000 lb

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32311

(4.5 mt) is available to the sablefish

fishery. Under the 2001 Area 2A TAC of

1,140,000 lb (517 mt), the primary

sablefish fishery allocation would be

47,946 lb (21.7 mt).

While the CSP provides the formula

for calculating the primary sablefish

fishery’s halibut allocation, it does not

specify a regulatory framework for the

retention of halibut taken incidentally

during the sablefish fishery. Similarly,

the CSP specifies a formula for

determining the amount of halibut

available for incidental retention in the

salmon troll fishery without setting a

regulatory framework managing pervessel retention levels. To implement

the CSP for the salmon troll fishery,

Federal halibut regulations at 50 CFR

300.63(a)(2) state: ‘‘A portion of the

commercial [halibut] TAC is allocated

as incidental catch in the salmon troll

fishery in Area 2A. Each year the

landing restrictions necessary to keep

the fishery within its allocation will be

recommended by the Pacific Fishery

Management Council (Council) at its

spring meetings and will be published

in the Federal Register along with the

annual salmon management measures.’’

The Council has recommended revising

the Federal halibut regulations to

provide a similar framework for

allowable incidental halibut retention

for the limited entry, primary sablefish

fishery.

At the March and April 2001 Council

meetings, following the Commission’s

adoption of a 1,140,000 lb (517 mt) TAC

for Area 2A, the Council discussed how

to best manage incidental halibut

retention in the primary sablefish

fishery. According to the CSP, only

longline vessels fishing for sablefish in

the limited entry, primary sablefish

fishery north of Pt. Chehalis, WA

(46°53′18′′ N. lat.) are eligible to retain

halibut taken in a sablefish fishery.

Commission regulations, which govern

fisheries off both Canada and the United

States, do not allow fishermen to retain,

possess, or land halibut taken with gear

other than hook-and-line gear.

Commission regulations also require

that all non-tribal commercial vessels in

Area 2A carry a commercial license

issued by the Commission, which is free

to an applicant. In Area 2A, commercial

hook-and-line vessels south of Pt.

Chehalis participate in a directed

halibut fishery managed with per vessel

cumulative limits. Longliners fishing for

sablefish north of Pt. Chehalis may only

retain and land halibut taken

incidentally during the primary

sablefish fishery. Participation in the

primary sablefish fishery is restricted by

Federal groundfish regulations to

limited entry permit holders with

sablefish endorsements.

Under the combined constraints of the

CSP, Commission regulations, and

groundfish regulations, only limited

entry longline vessels with sablefish

endorsements fishing for sablefish north

of Pt. Chehalis during the primary

sablefish fishery are eligible to retain

incidentally caught halibut.

Approximately 55 longline vessels with

sablefish endorsements commonly fish

in waters north of Pt. Chehalis. For 2001

and beyond, the Council had to design

a regulatory structure that would allow

these vessels access to their halibut

quota without exceeding that quota.

Council priorities were to (1) ensure that

halibut could only be retained and

landed if they were taken incidentally to

sablefish fishing rather than targeted,

and (2) provide a regulatory framework

similar to the salmon troll framework

that could be used each year.

At its April 2001 meeting, the Council

recommended amending Federal halibut

regulations to add a framework for the

primary sablefish fishery that would be

similar to the existing regulatory

framework for halibut retention limits in

the salmon troll fishery. This framework

would allow the Council to annually

determine limits for halibut retention in

the primary sablefish fishery based on

the halibut quota for this fishery,

number of vessels licensed to

participate, and the expected sablefish

harvest by the participating vessels.

Each year, NMFS would publish the

Council’s recommended halibut

retention limit in the Federal Register.

The Commission’s commercial

licensing process requires that

applicants submit their license requests

by April 30. Thus, the Council will not

know the exact number of vessels

expected to land halibut during the

primary sablefish fishery until its June

meeting. At its June meeting, the

Council will set a ratio of allowable

landed halibut to landed sablefish. For

example, with the 2001 quota of 47,946

lb (21.7 mt) and the estimated 55

participating vessels, the halibut

landing limit would be one halibut for

every 480 lb (0.22 mt) of sablefish

landed and up to two additional halibut

in excess of the one fish per 480 lb (0.22

mt) ratio per landing. Ratios would be

set to ensure, as much as possible, that

halibut would be available to sablefish

fishery participants throughout the

sablefish season. Higher halibut limits

might encourage vessels to either target

halibut or to race each other for access

to the halibut, possibly allowing the

fleet to exceed the halibut quota before

the sablefish season closes. The program

under which vessels participating in the

sablefish fishery fish under vesselspecific cumulative sablefish limits

simplifies managers’ efforts to calculate

the ratio between available halibut and

expected sablefish landings.

There are no other expected biological

effects of this proposed action beyond

those contemplated by the Commission

when it set the Area 2A TAC. The only

expected socio-economic effects of this

proposed action are positive, in that

fishermen operating north of Pt.

Chehalis who have not been permitted

to land commercially harvested halibut

in past years because there was no

allocation of halibut will be able to do

so in 2001.

Classification

The Council has prepared an EA/RIR

for this proposed rule that describes the

management background, the purpose

and need for action, the managment

action alternatives, and the

environmental and socio-economic

impacts of the alternatives. Copies of the

EA/RIR are available from the Council

(see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Chief Council for Regulation,

Department of Commerce, certified to

the Chief Counsel for Advocacy of the

Small Business Administration (SBA)

that this rule would not have a

significant economic impact on a

substantial number of small entities as

follows:

A fish-harvesting business is considered a

‘‘small’’ business by the SBA if it has annual

receipts not in excess of $3.0 million. The

approximately 55 businesses that would be

affected by this rule are all small businesses,

and all are expected to benefit from this

proposed rule. In years when the Area 2A

Pacific halibut TAC is high enough to allow

halibut retention in the primary, fixed gear

sablefish fishery, these businesses will be

able to supplement their income by landing

incidentally caught halibut. Participating

vessels would be allowed to land halibut that

they would normally discard during the

course of fishing, thus these vessels will

incur no extra expenses in harvesting this

quota. Depending on the halibut quota

available to this fishery, the proposed action

could result in about $1,500 to $15,000

additional annual income per vessel. Thus,

the effect of this action on small businesses

would be modest but positive. Because this

quota is taken off the top of the Washington

State recreational fishery quota only in years

of an overall Area 2A TAC above 900,000 lb

(408.2 mt) and because the TAC has not been

this high in many years, it does not leave

Washington recreational anglers and charter

businesses with less halibut than they have

had in recent years. A catch-sharing plan

governs the allocation of halibut in Area 2A.

That plan was amended in 1998 to establish

this quota. The Commission has already set

32312 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

aside this quota for this year. This proposed

rule merely establishes the framework to

annually distribute that quota among the

affected fishers.

As a result, a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 300

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: June 11, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For 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 50 CFR

part 300, subpart E continues to read as

follows:

Authority: 16 U.S.C. 773–773k

2. In § 300.63, paragraphs (a) (3) and

(a) (4) are redesignated as (a) (4) and (a)

(5), respectively, and a new paragraph

(a) (3) is added to read as follows:

§ 300.63 Catch sharing plans, local area

management plans, and domestic

management measures.

* * * * *

(a) * * *

(3) A portion of the Area 2A

Washington recreational TAC is

allocated as incidental catch in the

primary directed longline sablefish

fishery north of 46°53′18′′ N. lat., (Pt.

Chehalis, Washington), which is

regulated under 50 CFR 660.323(a)(2).

This fishing opportunity is only

available in years in which the Area 2A

TAC is greater than 900,000 lb (408.2

mt), provided that a minimum of 10,000

lb (4.5 mt) is available above a

Washington recreational TAC of 214,100

lb (97.1 mt). Each year that this harvest

is available, the landing restrictions

necessary to keep this fishery within its

allocation will be recommended by the

Pacific Fishery Management Council at

its spring meetings, and will be

published in the Federal Register.

These restrictions will be designed to

ensure the halibut harvest is incidental

to the sablefish harvest and will be

based on the amounts of halibut and

sablefish available to this fishery. The

restrictions may include catch or

landing ratios, landing limits, or other

means to control the rate of halibut

landings.

(i) In years when this incidental

harvest of halibut in the directed

sablefish fishery north of 46°53′18′′ N.

lat. is allowed, it is allowed only for

vessels using longline gear that are

registered under groundfish limited

entry permits with sablefish

endorsements and that possess the

appropriate incidental halibut harvest

license issued by the Commission.

(ii) It is unlawful for any person to

possess or land halibut south of

46°53′18′′ N. lat. that were taken and

retained north of 46°53′18′′ N. lat. as

incidental catch in the directed

sablefish fishery authorized by this

section.

* * * * *

[FR Doc. 01–15065 Filed 6–13–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 010601143–1143–01; I.D.

050201B]

RIN 0648–AO62

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic

States; Recreational-for-hire Fisheries

in the Gulf; Control Date

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking; establishment of a revised

control date.

SUMMARY: This document announces

that the Gulf of Mexico Fishery

Management Council (Council) has

adopted an amendment to the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (Reef

Fish FMP) and to the Fishery

Management Plan for Coastal Migratory

Pelagic Resources of the Gulf of Mexico

and South Atlantic (Coastal Migratory

Pelagics FMP) that would, if approved

and implemented by NMFS, establish a

moratorium on the issuance of

additional charter vessel and headboat

(recreational-for-hire) permits for these

fisheries in the exclusive economic zone

(EEZ) of the Gulf of Mexico. The

Council has not yet submitted the final

amendment or its proposed

implementing regulations to NMFS for

approval and implementation. The

Council has established March 29, 2001,

as a revised control date for determining

eligibility for charter vessel/headboat

permits under the permit moratorium

contained in the amendment. Therefore,

consistent with the Council’s intent, this

notice announces March 29, 2001, as the

revised control date for these

recreational-for-hire fisheries in the Gulf

of Mexico EEZ, thereby superseding the

Council’s prior control date of

November 18, 1998. This control date is

intended to discourage new entry into

these recreational-for-hire fisheries prior

to review by NMFS of the amendment

and its regulatory implementation.

DATES: Comments on the revised control

date must be submitted no later than 5

p.m., eastern daylight savings time, July

16, 2001.

ADDRESSES: Comments on the revised

control date should be directed to the

Gulf of Mexico Fishery Management

Council, 3018 U.S. Highway 301 North,

Suite 1000, Tampa, FL 33619–2266;

telephone: 813–228–2815; fax: 813–

225–7015.

FOR FURTHER INFORMATION CONTACT: Phil

Steele, Southeast Region, NMFS,

telephone: 727–570–5305; fax: 727–

570–5583; e-mail: Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The

recreational-for-hire fisheries for reef

fish and coastal migratory pelagic fish in

the EEZ of the Gulf of Mexico are

managed under the Reef Fish FMP and

the Coastal Migratory Pelagic Resources

of the Gulf and South Atlantic (Coastal

Migratory Pelagics FMP)), respectively.

The Reef Fish FMP was prepared by the

Council; the Coastal Migratory Pelagics

FMP was prepared jointly by the

Council and the South Atlantic Fishery

Management Council (South Atlantic

Council). Both FMPs were approved by

NMFS and implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Steven Act) by

regulations at 50 CFR part 622. The

FMPs regulate these two recreationalfor-hire fisheries and require permits for

charter and headboat vessels

participating in them. Landings of these

vessels are regulated through fish bag,

possession, and size limits. There also is

an annual recreational quota for red

snapper under the Reef Fish FMP.

The recreational sector of both the red

snapper and king mackerel fisheries,

including recreational-for-hire vessels,

has frequently exceeded the annual

allocation set for that sector when total

allowable catch (TAC) for the whole

fishery (recreational and commercial

catch) is established annually. To

prevent the recreational sector of these

fisheries from exceeding its annual

allocation, the Council must either

reduce the bag limit or take some other

action to reduce the fishing effort and/

or landings (e.g., seasonal closures and/