Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6395

• E-mail: For California ESUs, send email comments to critical 

habitat.swr@noaa.gov. For ESUs in 

Washington, Oregon, or Idaho, send email comments to 

critical.habitat.nwr@noaa.gov. In the 

subject line of your e-mail please 

include the pertinent docket and RIN 

numbers specified above.

• Federal e-Rulemaking Portal:

http://www.regulations.gov. Follow the 

instructions for submitting comments.

• Agency Web Site: http://

ocio.nmfs.noaa.gov/ibrm-ssi/

index.shtml. Follow the instructions for 

submitting comments at http://

ocio.nmfs.noaa.gov/ibrm-ssi/

process.shtml.

• Mail: For California ESUs, submit 

written comments and information to: 

Assistant Regional Administrator, 

Protected Resources Division, NMFS, 

501 W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4213. For ESUs in 

Washington, Oregon, or Idaho, submit 

written comments and information to: 

Chief, NMFS, Protected Resources 

Division, 525 NE Oregon Street, Suite 

500, Portland, OR 97232–2737. You may 

hand-deliver written comments to our 

offices during normal business hours at 

the addresses given above (although 

after February 18, 2005, the Portland 

address will change to 1201 NE Lloyd 

Blvd., Suite 1100, Portland, OR 97232).

• Fax: Submit fax comments to the 

NMFS Southwest Regional Office at 

562–980–4027, or the NMFS Northwest 

Regional Office at 503–230–5441.

FOR FURTHER INFORMATION CONTACT: In 

California, contact Craig Wingert at the 

address above or at 562–980–4021. In 

Washington, Oregon, and Idaho, contact 

Steve Stone at the above address or at 

503–231–2317. The proposed rules, 

maps, and other materials relating to 

these proposals can be found on the 

agency’s Southwest Region website at 

http://swr.nmfs.noaa.gov/salmon.htm

and the Northwest Region website at 

http://www.nwr.noaa.gov/1salmon/

salmesa/crithab/CHsite.htm.

SUPPLEMENTARY INFORMATION:

Background

On December 10 and 14, 2004, NMFS 

published separate critical habitat 

proposed rules addressing 20 ESUs of 

Pacific salmon and O. mykiss (inclusive 

of anadromous steelhead and resident 

rainbow trout) listed under the ESA. 

The first proposed rule (69 FR 71880, 

December 10, 2004) addressed 7 ESUs 

in California and announced a public 

comment period extending through 

February 8, 2005. The second proposed 

rule (69 FR 74572, December 14, 2004) 

addressed 13 ESUs in Washington, 

Oregon, and Idaho, and announced a 

public comment period extending 

through February 14, 2005. The timeline 

for completion of these proposed rules 

was established pursuant to litigation 

between NMFS and the Pacific Coast 

Federation of Fishermen’s Associations, 

Institute for Fisheries Resources, the 

Center for Biological Diversity, the 

Oregon Natural Resources Council, the 

Pacific Rivers Council, and the 

Environmental Protection Information 

Center (PCFFA et al.) and are subject to 

a Consent Decree and Stipulated Order 

of Dismissal (Consent Decree) approved 

by the D.C. District Court.

We received several requests, 

including a request from PCFFA et al., 

to extend the public comment period. 

We recently submitted to the D.C. 

District Court a joint request with 

PCFFA et al. to extend the comment 

period and to modify the schedule for 

submission of final rules designating 

critical habitat for the 20 ESUs to the 

Federal Register established in the 

Consent Decree. The court approved the 

joint request on January 26, 2005. 

Pursuant to that approval we are 

extending the deadline for accepting 

public comments on both proposed 

rules until March 14, 2005. Also, on or 

before August 15, 2005, we will 

complete both rulemakings by 

submitting to the Federal Register for 

publication the final rules designating 

critical habitat for those of the 20 ESUs 

that are included on the lists of 

threatened and endangered species as of 

August 15, 2005. These extensions will 

allow the public additional time to 

provide information related to the 

proposed designations and will provide 

us with the time needed to review, 

consider, and respond to comments.

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

Dated: January 1, 2005.

William T. Hogarth,

Assistant Administrator, National Marine 

Fisheries Service.

[FR Doc. 05–2292 Filed 2–4–05; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 300

[Docket No. 050125016–5016–01; I.D. 

011805C]

RIN 0648–AS61

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 

International Pacific Halibut 

Commission’s (IPHC) regulatory Area 

2A off Washington, Oregon, and 

California (Area 2A) Pacific Halibut 

Catch Sharing Plan (Plan) to: allow 

remaining quota from Washington’s 

south coast subarea to be used to 

accommodate incidental catch in the 

south coast nearshore fishery; allow 

quota projected to be unused to be 

transferred from Oregon’s central coast 

subarea to another subarea south of 

Leadbetter Point, WA; revise the season 

structure for Oregon’s all-depth spring 

and summer sport fisheries; provide 

more flexibility for Oregon’s inseason 

sport fishery management (triggers for 

additional fishery openings and bag 

limits in the all-depth summer fishery); 

revise the public announcement process 

for Oregon’s all-depth summer sport 

fishery; revise the Columbia River 

subarea quota contributions from 

Oregon/California; remove the 

minimum length requirement in all 

subareas south of Leadbetter Point, WA; 

prohibit retention of all groundfish, 

except sablefish, in Oregon’s and 

possibly Washington’s Columbia River 

fishery on all days and in the Central 

Coast fisheries on ‘‘all-depth’’ days; 

implement a closed area off Oregon’s 

coast; and revise all coordinates from 

degrees minutes seconds to degrees 

decimal minutes. NMFS also proposes 

to revise the coordinates for the closed 

area to Oregon’s central coast 

recreational fishery and to non-treaty 

commercial halibut fishing in Area 2A. 

NMFS is also proposing 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, the flexible 

inseason management provisions in 

Area 2A, fishery election in Area 2A, 

6396 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

and Area 2A non-treaty commercial 

fishery closed areas. These actions are 

intended to enhance the conservation of 

Pacific halibut, to protect yelloweye 

rockfish and other overfished 

groundfish species from incidental 

catch in the halibut fisheries, and to 

provide greater angler opportunity 

where available.

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 March 16, 2005.

ADDRESSES: Copies of the Plan, 

Environmental Assessment (EA)/

Regulatory Impact Review (RIR)/Initial 

Regulatory Flexibility Analysis (IRFA), 

and/or Categorical Exclusion (CE) 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 2005, and of the draft EA/

RIR/IRFA are also available at the NMFS 

Northwest Region website: http://

www.nwr.noaa.gov, click on ‘‘Pacific 

Halibut.’’

You may submit comments on the 

proposed rule for the Plan and to 

domestic Area 2A halibut management 

measures or supporting documents, 

identified by [011805C], by any of the 

following methods:

• E-mail: 

PHalibut2005.nwr@noaa.gov. Include 

the I.D. number in the subject line of the 

message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, Attn: Jamie Goen, 7600 Sand 

Point Way NE, Seattle, WA 98115–0070.

• Fax: 206–526–6736, Attn: Jamie 

Goen.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen or Yvonne deReynier 

(Northwest Region, NMFS), phone: 206–

526–6150, fax: 206–526–6736 or e-mail: 

jamie.goen@noaa.gov or 

yvonne.dereynier@noaa.gov.

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(c) 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 plus 25,000 lb (11.3 mt) to 

Washington treaty Indian tribes in 

Subarea 2A–1 and 65 percent minus 

25,000 lb (11.3 mt) 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 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 seven 

geographic subareas, each with separate 

allocations, seasons, and bag limits.

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 tribes 

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 

2004 Pacific Council meeting, the states 

recommended several changes to the 

Plan and the tribes announced that they 

had no proposal for revising the Plan in 

2005. Following the meeting, the states 

again reviewed their proposals with the 

public and drafted their recommended 

revisions for review by the Pacific 

Council.

At its November 1–5, 2004, meeting in 

Portland, OR, the Pacific Council 

considered the results of statesponsored workshops on the proposed 

changes to the Plan and public 

comments, and made the final 

recommendations for modifications to 

the Plan as follows:

(1) Allow remaining quota from 

Washington’s south coast subarea to be 

used to accommodate incidental catch 

in the south coast nearshore fishery.

(2) Revise the Columbia River subarea 

quota contributions from Oregon/

California to equal the amount of 

pounds contributed by Washington.

(3) Remove the minimum length 

requirement in all subareas south of 

Leadbetter Point, WA.

(4) Revise the season structure for 

Oregon’s all-depth spring and summer 

sport fisheries in Oregon’s central coast 

subarea (Cape Falcon to Humbug 

Mountain) from 2–days to 3–days by 

adding Thursdays to all spring fishery 

openings after the initial fixed day 

openings and by adding Sundays to all 

summer fishery openings.

(5) Provide more flexibility for 

Oregon’s inseason sport fishery 

management by adding triggers for 

additional fishery openings and bag 

limits in the central coast all-depth 

summer fishery as follows: (a) if after 

the first scheduled open period of the 

summer fishery, the remaining central 

coast quota (combined all-depth and 

inside 40–fm (73–m) fishery quotas) is 

60,000 lbs (27.2 mt) or more, the fishery 

reopens every Friday through Sunday 

until October 31 or quota attainment, 

whichever is earlier; and (b) if after the 

third scheduled open period of the 

summer fishery, the remaining central 

coast quota (combined all-depth and 

inside 40–fm (73–m) fishery quotas) is 

30,000 lbs (13.6 mt) or more, the fishery 

reopens every Friday through Sunday 

until October 31 or quota attainment, 

whichever is earlier, and the bag limit 

would increase to two fish per person 

per day.

(6) Prohibit the retention of all 

groundfish, except sablefish when 

allowed by groundfish regulation, in the 

Columbia River fishery during all days 

and in the Central Coast fisheries during 

‘‘all-depth’’ days.

(7) Revise the public announcement 

process for the Oregon central coast allVerDate jul<14>2003 16:09 Feb 04, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\07FEP1.SGM 07FEP1
Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6397

depth summer sport fishery to allow 

inseason changes to transfer quota and 

to change the fishery season dates based 

on the triggers mentioned above to be 

announced by NMFS via an update to 

the recreational halibut hotline (i.e., no 

Federal Register document would be 

required).

(8) Allow quota projected to be 

unused to be transferred from Oregon’s 

central coast subarea to another subarea 

south of Leadbetter Point, WA.

(9) Implement a closed area to 

recreational halibut fishing off Oregon’s 

central coast on a portion of Stonewall 

Bank to protect yelloweye rockfish, an 

overfished groundfish species. This 

closed area, called a ‘‘yelloweye 

rockfish conservation area,’’ would be 

defined by connecting the following 

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.;

(6) and connecting back to 44°37.46 

N. lat.; 124°24.92 W. long.

There is confusion over Pacific 

Council recommendation ι6 (above) as 

to how it would apply to the Columbia 

River subarea, which is shared by 

Washington and Oregon. Therefore, 

NMFS has requested that the Pacific 

Council clarify this recommendation at 

the March 6–11, 2005, Pacific Council 

meeting in Sacramento, CA. The 

Council adopted a recommendation for 

‘‘Sub-areas south of Leadbetter Point, 

Washington’’ that stated ‘‘No groundfish 

retention except sablefish allowed 

during the all-depth fishery if halibut 

are on-board the vessel except south of 

Humbug Mt.’’ After the March meeting 

it became apparent that various Council 

participants were confused as to exactly 

where this prohibition would apply. 

Because of the introductory description 

(Sub-areas south of Leadbetter Point, 

Washington), some thought it applied in 

the entire Columbia River area and the 

Oregon Central Coast subarea. However, 

others thought this would only apply off 

Oregon because it was introduced by 

Oregon, it had not been discussed in 

Washington State meetings with 

Washington fishermen, and because one 

purpose was to allow dockside 

enforcement during the groundfish 

closure seaward of 40 fm (73 m), which 

only is in place off of Oregon. NMFS has 

concluded the two possible ways to 

implement this provision in the 

Columbia River subarea would be to 

apply the groundfish retention 

prohibition to all halibut fishing in the 

Columbia River subarea or only to 

vessels that land in Oregon.

Therefore, the Pacific Council will 

clarify its recommendation at the March 

2005 meeting, and the public comment 

period on this proposed rule will end on 

March 16, 2005.

Proposed Changes to the Plan

In addition to the Pacific Council’s 

recommendations, NMFS is proposing 

to revise all coordinates in the Plan from 

degrees minutes seconds to degrees 

decimal minutes in order to conform 

with U.S. Coast Guard standards and the 

Pacific coast groundfish regulations. 

NMFS is proposing to approve the 

Pacific Council recommendations and to 

implement the above-described changes 

by making the following changes to the 

Plan:

In section (d) of the Plan, Treaty 

Indian Fisheries, revise the first 

sentence of the first paragraph to read as 

follows:

Except as provided above in (b)(2), 35 

percent of the Area 2A TAC is allocated 

to 12 treaty Indian tribes in subarea 2A–

1, which includes that portion of Area 

2A north of Point Chehalis, WA 

(46°53.30′ N. lat.) and east of 125°44.00′

W. long.

In section (e) of the Plan, Non-Indian 

Commercial Fisheries, revise the third 

sentence of paragraph (2) to read as 

follows:

This fishery is confined to the area 

south of Subarea 2A–1 (south of Point 

Chehalis, WA; 46°53.30′ N. lat.).

In section (f) of the Plan, Sport 

Fisheries, revise the second sentence of 

paragraph (1)(i) to read as follows:

This subarea is defined as all U.S. 

waters east of the mouth of the Sekiu 

River, 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., including Puget 

Sound.

In section (f) of the Plan, Sport 

Fisheries, revise the second sentence of 

paragraph (1)(ii) to read as follows:

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.).

In section (f) of the Plan, Sport 

Fisheries, revise the last sentence of 

paragraph (1)(ii) to read as follows:

A ‘‘C-shaped’’ yelloweye rockfish 

conservation area that is closed to 

recreational groundfish and halibut 

fishing is defined by the following 

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.

In section (f) of the Plan, Sport 

Fisheries, revise paragraph (1)(iii) from 

the second sentence to the end of the 

paragraph to read as follows:

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 fishery 

will open on May 1. If May 1 falls on 

a Friday or Saturday, the fishery will 

open on the following Sunday. The 

fishery will be open Sunday through 

Thursday in all areas, except where 

prohibited, and the fishery will be open 

7 days per week in the area from Queets 

River south to 47°00.00′ N. lat. and east 

of 124°40.00′ W. long. Beginning July 1, 

the halibut fishery will be open 7 days 

per week. The fishery will continue 

until September 30, or until the quota is 

achieved, whichever occurs first. 

Subsequent to this closure, if there is 

insufficient quota remaining to reopen 

the entire subarea for another fishing 

day, then any remaining quota may be 

used to accommodate incidental catch 

in the nearshore area from Queets River 

south to 47°00.00′ N. lat. and east of 

124°40.00′ W. long. or 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.

In section (f) of the Plan, Sport 

Fisheries, revise paragraph (1)(iv) 

regarding the Columbia River subarea to 

read as follows:

This sport fishery subarea is allocated 

2.0 percent of the first 130,845 lb (59.4 

mt) allocated to the Washington sport 

fishery, and 4.0 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 

also is allocated from the Oregon/

California sport allocation the number 

of pounds equal to the Washington 

contribution. Oregon’s contribution will 

be 2.0 percent of the total Oregon/

6398 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

California sport allocation. Any 

additional pounds needed to equal the 

number of pounds contributed to the 

Columbia River subarea from the 

Washington allocation will come from 

the Oregon Central Coast subarea 

allocation. This subarea is defined as 

waters south of Leadbetter Point, WA 

(46°38.17′ N. lat.) and north of Cape 

Falcon, OR (45°46.00′ N. lat.). The 

fishery will open on May 1, and 

continue 7 days per week until the 

subquota is estimated to have been 

taken, or 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 inseason to another 

Washington and/or Oregon subarea by 

NMFS via an update to the recreational 

halibut hotline. Any remaining state’s 

quota would be transferred to that state. 

The daily bag limit is one halibut per 

person, with no size limit. [The 

following two options are being 

considered. Option 1: No groundfish 

may be retained, except sablefish when 

allowed by groundfish regulations, by 

anglers landing in Oregon if halibut are 

on board the vessel; or option 2: No 

groundfish may be retained, except 

sablefish when allowed by groundfish 

regulations, if halibut are on board the 

vessel.]

In section (f) of the Plan, Sport 

Fisheries, revise paragraph (1)(v) to read 

as follows:

This subarea extends from Cape 

Falcon (45°46.00′ N. lat.) to Humbug 

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

allocated 95.0 percent of the Oregon/

California sport allocation minus any 

amount of pounds needed to contribute 

to the Oregon portion of the Columbia 

River subarea quota. The structuring 

objectives for this subarea are to provide 

two periods of fishing opportunity in 

spring and in summer in productive 

deeper water areas along the coast, 

principally for charterboat and larger 

private boat anglers, and to provide a 

period of fishing opportunity in the 

summer for nearshore waters for small 

boat anglers. Fixed season dates will be 

established preseason for the spring 

opening and will not be modified 

inseason except that the spring opening 

may be modified inseason if the 

combined Oregon all-depth spring and 

summer season total quotas are 

estimated to be achieved. Recent year 

catch rates will be used as a guideline 

for estimating the catch rate for the 

spring fishery each year. The number of 

fixed season days established will be 

based on the projected catch per day 

with the intent of not exceeding the 

subarea season quota. ODFW will 

monitor landings and provide a postseason estimate of catch within one 

week of the end of the fixed season. If 

sufficient catch remains for an 

additional day of fishing after the spring 

season, openings will be provided if 

possible in May - July. Potential 

additional open dates for both the 

spring (May - July) and summer (August 

- October) seasons will be announced 

preseason. If a decision is made 

inseason to allow fishing on one or more 

such additional days, notice of the 

opening will be announced on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825. No all-depth 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 

spring all-depth subquota will be added 

to the summer all-depth sub-quota. Any 

poundage that is not needed to extend 

the inside 40–fm (73–m) fishery through 

to October 31 will be added to the 

summer all-depth season if it can be 

used, and any poundage remaining 

unharvested from the summer all-depth 

fishery will be added to the inside 40–

fm (73–m) fishery subquota, if it can be 

used. The daily bag limit is one halibut 

per person, unless otherwise specified, 

with no size limit. During days open to 

all-depth halibut fishing, no groundfish 

may be retained, except sablefish when 

allowed by groundfish regulations, if 

halibut are on board the vessel. A 

yelloweye rockfish conservation area 

that is closed to recreational halibut 

fishing is defined by the following 

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.;

(6) and connecting back to 44°37.46 

N. lat.; 124°24.92 W. long.

ODFW will sponsor a public 

workshop shortly after the IPHC annual 

meeting to develop recommendations to 

NMFS on the open dates for each season 

each year. The three seasons for this 

subarea are as follows:

A. The first season opens on May 1, 

only in waters inside the 40–fm (73–m) 

curve, and continues daily until the 

subquota (8 percent of the subarea 

quota) is taken, or until October 31, 

whichever is earlier. Poundage that is 

estimated to be above the amount 

needed to keep this season open 

through October 31 will be transferred 

to the summer all-depth fishery if it can 

be used. Any overage in the all-depth 

fisheries would not affect achievement 

of allocation set aside for the inside 40–

fm (73–m) curve fishery.

B. The second season is an all-depth 

fishery with two potential openings. 

The first opening begins on the second 

Thursday in May (if the season is five 

more fishing days) or the second Friday 

in May (if the season is four or fewer 

fishing days) and is allocated 69 percent 

of the subarea quota. Fixed season dates 

for the first opening will be established 

preseason based on projected catch per 

day and number of days to achievement 

of the subquota for this season. The first 

opening will be structured for two days 

per week (Friday and Saturday) if the 

season is for four or fewer fishing days. 

The fishery will be structured for three 

days per week (Thursday through 

Saturday) if the season is for five or 

more fishing days. The fixed season 

dates will be established preseason and 

will occur in consecutive weeks starting 

the second Thursday in May (if the 

season is five or more fishing days) or 

second Friday in May (if the season is 

four or fewer fishing days), with 

exceptions to avoid adverse tidal 

conditions. If, following the ‘‘fixed’’

dates, quota for this season remains 

unharvested, a second opening will be 

held. The fishery will be open every 

other week on Thursday through 

Saturday except that week(s) could be 

skipped to avoid adverse tidal 

conditions. The potential open 

Thursdays through Saturdays will be 

identified preseason. The fishery will 

continue until there is insufficient quota 

for an additional day of fishing or July 

31, whichever occurs first. Any 

remaining quota will be added to the 

summer quota. No inseason adjustments 

will be made to the established fixed 

season unless the combined Oregon alldepth spring and summer season total 

subquotas are estimated to be achieved.

C. The last season is an all-depth 

fishery that begins on the first Friday in 

August and is allocated 23 percent of 

the subarea quota. The fishery will be 

structured to be open every other week 

on Friday through Sunday except that 

week(s) could be skipped to avoid 

adverse tidal conditions. The potential 

open Fridays through Sundays will be 

identified preseason. If after the first 

scheduled open period, the remaining 

Cape Falcon to Humbug Mountain 

entire season quota (combined all-depth 

and inside 40–fm (73–m) quotas) is 

60,000 lb (27.2 mt) or more, the fishery 

will re-open on every Friday through 

Sunday (versus every other weekend), if 

determined to be appropriate through 

joint consultation between IPHC, NMFS, 

and ODFW. Any excess quota projected 

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6399

to remain after the needs of the inside 

40–fm (73–m) fishery are met would be 

transferred into the remaining all-depth 

quota. The inseason action will be 

announced by NMFS via an update to 

the recreational halibut hotline. If after 

the third scheduled open period, the 

remaining Cape Falcon to Humbug 

Mountain entire season quota 

(combined all-depth and inside 40–fm 

(73–m) quotas) is 30,000 lb (13.6 mt) or 

more, the fishery will re-open on every 

Friday through Sunday (versus every 

other weekend), if determined to be 

appropriate through joint consultation 

between IPHC, NMFS, and ODFW. 

Under this provision, after the third 

scheduled open period, the bag limit 

would be two fish per person, with no 

size limit. Any excess quota projected to 

remain after the needs of the inside 40–

fm (73–m) fishery are met would be 

transferred into the remaining all-depth 

quota. The inseason action will be 

announced by NMFS via an update to 

the recreational halibut hotline. The 

fishery will continue until there is 

insufficient quota for an additional day 

of fishing or October 31, whichever 

occurs first. Any remaining quota will 

be transferred to the fishery inside the 

40–fm (73–m) curve, if needed. If 

inseason it is determined that the 

combined all-depth and inside 40–fm 

(73–m) fisheries will not harvest the 

entire quota to the subarea, quota may 

be transferred inseason to another 

subarea south of Leadbetter Point, WA, 

by NMFS via an update to the 

recreational halibut hotline.

In section (f) of the Plan, Sport 

Fisheries, revise the second through 

fourth sentences in paragraph (1)(vi) to 

read as follows:

This area is defined as the area south 

of Humbug Mountain, OR (42°40.50′ N. 

lat.), including California waters. The 

structuring objective for this subarea is 

to provide anglers the opportunity to 

fish in a continuous, fixed season that 

is open from May 1 through October 31. 

The daily bag limit is one halibut per 

person, with no size limit.

Proposed 2005 Sport Fishery 

Management Measures

NMFS is proposing sport fishery 

management measures that are 

necessary to implement the Plan in 

2005. The 2005 TAC for Area 2A will 

be determined by the IPHC at its annual 

meeting on January 18–21, 2005, in 

Victoria, B.C. Because the 2005 TAC has 

not yet been determined, these proposed 

sport fishery management measures use 

the IPHC’s preliminary 2005 Area 2A 

TAC recommendation of 1,330,000 lb 

(603 mt), which is lower than the 2004 

TAC of 1,480,000 lb (671 mt). The 

proposed 2005 sport fishery regulations 

based on the preliminary 2005 Area 2A 

TAC of 1,330,000 lb (603 mt) are as 

follows:

Washington Inside Waters Subarea

This subarea is defined as all U.S. 

waters east of the mouth of the Sekiu 

River, 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., including Puget 

Sound. This subarea would be allocated 

64,800 lb (29 mt) at an Area 2A TAC of 

1,330,000 lb (603 mt) in accordance 

with the Plan. According to the Plan, 

the structuring objective for this subarea 

is to provide a stable sport fishing 

opportunity and to maximize the season 

length. For the 2005 fishing season, the 

fishery in this subarea would be set to 

meet the structuring objectives 

described in the Plan. The final 

determination of the season dates would 

be based on the allowable harvest level 

and projected 2005 catch rates after the 

2005 TAC is set by the IPHC. The daily 

bag limit would be one halibut of any 

size per day, per person.

Washington North Coast Subarea

This subarea is defined as all U.S. 

waters west of the mouth of the Sekiu 

River and north of the Queets River 

(47°31.70′ N. lat.). This subarea would 

be allocated 115,437 lb (52 mt) at an 

Area 2A TAC of 1,330,000 lb (603 mt) 

in accordance with the Plan. According 

to the Plan, the management objective 

for this subarea is to provide a quality 

recreational fishing opportunity during 

May and the latter part of June. The 

fishery opens on the first Tuesday 

between May 9 and May 15 (May 10 in 

2005), and continues 5 days per week 

(Tuesday through Saturday) until 72 

percent of the quota for the subarea has 

been taken, 83,115 lb (38 mt), and the 

season is closed by the IPHC. The 

fishery will re-open during the third 

week in June and continue Tuesday 

through Saturday until the overall quota 

for the subarea is taken and the season 

is closed by the IPHC. The daily bag 

limit would be one halibut of any size 

per day per person. A portion of this 

subarea would be closed to sport fishing 

for halibut as a yelloweye rockfish 

conservation area bounded by the 

following coordinates:

(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.;

(9) and connecting back to 48°18.00′

N. lat.; 125°18.00′ W. long.

Washington South Coast Subarea

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.). This subarea would 

be allocated 50,146 lb (23 mt)at an Area 

2A TAC of 1,330,000 lb (603 mt) in 

accordance with the Plan. According to 

the Plan, the structuring objective for 

this subarea is to maximize the season 

length, while maintaining a quality 

fishing experience. The fishery would 

open on May 1 and continue five days 

per week (Sunday through Thursday) 

until September 30, or until the quota is 

achieved, and the fishery is closed by 

the IPHC, whichever occurs first. The 

fishery would be open Sunday through 

Thursday in all areas, except where 

prohibited, and the fishery will be open 

seven days per week in the area from 

the Queets River, WA south to 47°00.00′

N. lat. and east of 124°40.00′ W. long. 

Beginning July 1, the halibut fishery 

opens seven days per week in the 

offshore and nearshore fisheries until 

September 30, or until the quota is 

achieved and the fishery is closed by the 

IPHC, whichever occurs first. New for 

2005, if there is insufficient quota to 

reopen the entire south coast subarea for 

another fishing day, then any remaining 

quota may be transferred to the 

nearshore area from the Queets River, 

WA south to 47°00.00′ N. lat. and east 

of 124°40.00′ W. long. to accommodate 

incidental catch in that fishery. The 

daily bag limit would be one halibut of 

any size per day, per person.

Columbia River Subarea

This subarea is defined as waters 

south of Leadbetter Point, WA 

(46°38.17′ N. lat.) and north of Cape 

Falcon, OR (45°46.00′ N. lat.). This 

subarea would be allocated 13,747 lb (6 

mt) at an Area 2A TAC of 1,330,000 lb 

(603 mt) in accordance with the Plan. 

New for 2005, language will be added to 

the Plan to increase the number of 

pounds contributed to this subarea from 

Oregon/California to match the number 

contributed by Washington. To reach 

this matching number of pounds, 

Oregon will contribute pounds from its 

Central Coast subarea, as needed, in 

addition to the 2 percent from the 

Oregon/California sport allocation. If 

6400 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

there is insufficient quota for another 

fishing day after closure of the subarea, 

any remaining state’s quota would be 

transferred to that state. The fishery 

would open on May 1 and continue 7 

days per week until the subarea quota 

is reached and the fishery is closed by 

the IPHC or September 30, whichever 

occurs first. Also new for 2005, the 

minimum length requirement for 

halibut in this subarea will be removed. 

Therefore, the daily bag limit would be 

one halibut of any size per day, per 

person.

In addition, as explained in the 

section of this proposed rule’s preamble 

on ‘‘Pacific Council recommended 

changes to the Plan and domestic 

fishing regulations,’’ there are two 

options being considered for groundfish 

retention in this subarea. Under Option 

1 no groundfish may be retained, except 

sablefish when allowed by groundfish 

regulations, by anglers landing in 

Oregon if halibut are on board the 

vessel. Under Option 2 no groundfish 

may be retained, except sablefish when 

allowed by groundfish regulations, if 

halibut are on board the vessel.

Oregon Central Coast Subarea

This subarea extends from Cape 

Falcon (45°46.00′ N. lat.) to Humbug 

Mountain, OR (42°40.50′ N. lat.). This 

subarea would be allocated 251,264 lb 

(114 mt) at an Area 2A TAC of 1,330,000 

lb (603 mt) in accordance with the Plan. 

As mentioned in the Columbia River 

subarea, the Oregon Central Coast 

fishery will contribute quota pounds to 

the Columbia River subarea to allow the 

Oregon/California contribution to match 

the Washington contribution. Thus, for 

2005, the Central Coast allocation will 

be 95 percent of the Oregon/California 

sport allocation minus the amount of 

pounds needed to contribute to the 

Oregon portion of the Columbia River 

subarea quota. The structuring 

objectives for this subarea are to provide 

two periods of fishing opportunity in 

spring (May-June) and in summer 

(August-October) in productive deeper 

water areas along the coast, principally 

for charterboat and larger private boat 

anglers, and to provide a period of 

fishing opportunity during the summer 

in nearshore waters for small boat 

anglers.

The central coast restricted depth 

fishery, or ‘‘inside 40–fm (73–m)’’

fishery, which occurs inside of a 

boundary line approximating the 40–fm 

(73–m) depth contour, would be 

allocated 20,101 lb (9 mt), starting May 

1 through October 31 (seven days per 

week) or until the allocated subquota is 

attained, whichever occurs first. New 

for 2005, all groundfish, except sablefish 

when allowed by groundfish regulation, 

may not be retained in the inside 40–fm 

(73–m) fishery if halibut are onboard the 

vessel during days open to all-depth 

fishing. Proposed coordinates for the 

boundary line approximating the 40–fm 

(73–m) depth contour between 45°46.00′

N. lat. and 42°40.50′ N. lat. are 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.;

(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.;

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

long.; and

(60) 42°38.82′ N. lat., 124°31.09′ W. 

long.

If NMFS changes this boundary for 

recreational groundfish fishing by an 

inseason action to the Pacific Coast 

groundfish regulations during the year 

to protect overfished groundfish species, 

NMFS will also publish a separate 

inseason action in the Federal Register

to change nearshore recreational halibut 

regulations for this subarea to mirror the 

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6401

groundfish closure. Language will also 

be added to the sport management 

measures for 2005 such that, in times 

when the all-depth halibut fishery is 

closed and halibut fishing is permitted 

only inshore of a boundary line 

approximating the 40–fm (73–m) depth 

contour, halibut possession and 

retention by vessels operating offshore 

of 40–fm (73–m) would be prohibited.

The spring all-depth season would be 

allocated 173,372 lb (79 mt). Based on 

an observed catch per day trend in this 

fishery in recent years, an estimated 

10,000 – 30,000 lb (5 – 14 mt) would be 

caught per day in 2005, resulting in a 5 

to 17–day fixed season. In accordance 

with the Plan, the season would open 

on Thursday, May 12 and continue on 

Thursdays through Saturdays through 

the fixed dates, with exceptions to avoid 

adverse tidal conditions. The fixed dates 

will be set in spring 2005 after the IPHC 

sets the final Area 2A TAC and after 

ODFW holds public meetings. After the 

fixed date season, potential additional 

fishing days for remaining quota in 2005 

are structured differently than in 

previous years. For 2005, if additional 

quota remains after the fixed season, a 

second opening would be held for the 

spring fishery. The second opening 

would be on every other week on 

Thursday through Saturday except that 

week(s) could be skipped to avoid 

adverse tidal conditions. For 2005, the 

weeks to be skipped due to adverse tidal 

conditions in either the first or second 

spring opener may include May 26 – 28, 

June 23 – 25 and July 21 – 23. Final 

determination of the week(s) that may 

be skipped due to adverse tidal 

conditions will occur after the 2005 

TAC has been set by the IPHC and after 

ODFW’s late January/early February 

public meeting. If a decision is made 

inseason by NMFS to allow fishing in 

the potential spring season, notice of an 

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. The second spring 

season would continue until there is 

insufficient quota for an additional 

fishing day or until July 31, whichever 

occurs first. Also new for 2005, all 

groundfish, except sablefish when 

allowed by groundfish regulation, may 

not be retained if halibut are onboard 

the vessel during days open to all-depth 

fishing. In addition, a new yelloweye 

rockfish conservation area off Oregon 

will be closed to recreational halibut 

fishing and is defined by the following 

coordinates:

(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.;

(6) and connecting back to 44°37.46 

N. lat.; 124°24.92 W. long.

The summer all-depth fishery would 

be allocated 57,791 lb (26 mt), and 

would open on Friday, August 5. New 

for 2005, this fishery’s season will be 

restructured from being open every 

other week on Friday and Saturday to 

every other week on Friday through 

Sunday, except that week(s) may be 

skipped for adverse tidal conditions. For 

2005, no adverse tidal conditions are 

predicted to occur during the August 

through October period. Final 

determination of the week(s) that may 

be skipped due to adverse tidal 

conditions will occur after the 2005 

TAC has been set by the IPHC and after 

ODFW’s late January/early February 

public meeting. Also new for 2005, 

additional fishing days may be opened 

if a certain amount of quota remains 

after the first and third scheduled open 

periods for the summer all-depth fishery 

in this subarea. If after the first opener, 

greater than or equal to 60,000 lbs (27.2 

mt) remains in the combined all-depth 

and inside 40–fm (73–m) quota, the 

fishery may re-open on every Friday 

through Sunday (versus every other 

Friday through Sunday). If after the 

third opener, greater than or equal to 

30,000 lbs (13.6 mt) remains in the 

combined all-depth and inside 40–fm 

(73–m) quota, the fishery may re-open 

on every Friday through Sunday and the 

bag limit would be 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 

and what days will comprise such 

opening. Any inseason adjustments will 

also be announced on the NMFS 

hotline. No halibut fishing will be 

allowed in the summer all-depth fishery 

unless the dates are announced on the 

NMFS hotline. The summer all-depth 

fishery would continue until there is 

insufficient quota for an additional 

fishing day and the fishery is closed by 

the IPHC or until October 31, whichever 

occurs first. Any remaining quota would 

be added to the quota for the fishery 

inside 40–fm (73–m), if needed. Also 

new for 2005, language will be added to 

the Plan to allow for any remaining 

quota that the all-depth and inside 40–

fm (73–m) fisheries are not projected to 

attain in this subarea to be transferred 

inseason to another subarea south of 

Leadbetter Point, WA, via an update to 

the halibut hotline. For 2005, all 

groundfish, except sablefish when 

allowed by groundfish regulation, may 

not be retained if halibut are onboard 

the vessel during days open to all-depth 

fishing. In addition, a new yelloweye 

rockfish conservation area off Oregon 

will be closed to recreational halibut 

fishing and is defined by the following 

coordinates:

(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.;

(6) and connecting back to 44°37.46 

N. lat.; 124°24.92 W. long.

The final determination of the season 

dates will be based on the allowable 

harvest level, projected catch rates, and 

recommendations developed in a public 

workshop sponsored by ODFW in late 

January/early February after the 2005 

TAC has been set by the IPHC. Also new 

for 2005, the minimum length 

requirement for halibut in this subarea 

will be removed. Therefore, the daily 

bag limit would be one halibut, unless 

otherwise specified, of any size per day, 

per person.

Humbug Mountain, OR through 

California Subarea

This area is defined as the area south 

of Humbug Mountain, OR (42°40.50′ N. 

lat.), including California waters. This 

subarea would be allocated 7,984 lb (3.6 

mt) at an Area 2A TAC of 1,330,000 lb 

(603 mt) in accordance with the Plan. 

The proposed 2005 sport season for this 

subarea would be the same as last year, 

with a May 1 opening and continuing 

seven days per week, until October 31. 

New for 2005, the minimum length 

requirement for halibut in this subarea 

will be removed. Therefore, the daily 

bag limit would be one halibut of any 

size per day, per person.

Flexible Inseason Management 

Provisions in Area 2A

The flexible inseason management 

provisions in Area 2A have not changed 

since 2004, but are republished here to 

provide opportunity for public 

comment. Section 25 of the annual 

halibut management measures 

published in the Federal Register and 

section (f)(5) of the Plan will read as 

follows:

(1) The Regional Administrator, 

NMFS Northwest Region, after 

consultation with the Chairman of the 

6402 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

Pacific Fishery Management Council, 

the Commission Executive Director, and 

the Fisheries Director(s) of the affected 

state(s), or their designees, is authorized 

to modify regulations during the season 

after making the following 

determinations.

(a) The action is necessary to allow 

allocation objectives to be met.

(b) The action will not result in 

exceeding the catch limit for the area.

(c) If any of the sport fishery subareas 

north of Cape Falcon, OR are not 

projected to utilize their respective 

quotas by September 30, NMFS may 

take inseason action to transfer any 

projected unused quota to another 

Washington sport subarea.

(d) If any of the sport fishery subareas 

south of Leadbetter Point, WA are not 

projected to utilize their respective 

quotas by their season ending dates, 

NMFS may take inseason action to 

transfer any projected unused quota to 

another Oregon sport subarea.

(2) Flexible inseason management 

provisions include, but are not limited 

to, the following:

(a) Modification of sport fishing 

periods;

(b) Modification of sport fishing bag 

limits;

(c) Modification of sport fishing size 

limits;

(d) Modification of sport fishing days 

per calendar week; and

(e) Modification of subarea quotas 

north of Cape Falcon, OR.

(3) Notice procedures.

(a) Actions taken under this section 

will be published in the Federal 

Register.

(b) Actual notice of inseason 

management actions will be provided by 

a telephone hotline administered by the 

Northwest Region, NMFS, at 206–526–

6667 or 800–662–9825 (May through 

October) and by U.S. Coast Guard 

broadcasts. These broadcasts are 

announced on Channel 16 VHF-FM and 

2182 kHz at frequent intervals. The 

announcements designate the channel 

or frequency over which the notice to 

mariners will be immediately broadcast. 

Since provisions of these regulations 

may be altered by inseason actions, 

sport fishers should monitor either the 

telephone hotline or U.S. Coast Guard 

broadcasts for current information for 

the area in which they are fishing.

(4) Effective dates.

(a) Any action issued under this 

section is effective on the date specified 

in the publication or at the time that the 

action is filed for public inspection with 

the Office of the Federal Register, 

whichever is later.

(b) If time allows, NMFS will invite 

public comment prior to the effective 

date of any inseason action filed with 

the Federal Register. If the Regional 

Administrator determines, for good 

cause, that an inseason action must be 

filed without affording a prior 

opportunity for public comment, public 

comments will be received for a period 

of 15 days after publication of the action 

in the Federal Register.

(c) Any inseason action issued under 

this section will remain in effect until 

the stated expiration date or until 

rescinded, modified, or superseded. 

However, no inseason action has any 

effect beyond the end of the calendar 

year in which it is issued.

(5) Availability of data. The Regional 

Administrator will compile, in aggregate 

form, all data and other information 

relevant to the action being taken and 

will make them available for public 

review during normal office hours at the 

Northwest Regional Office, NMFS, 

Sustainable Fisheries Division, 7600 

Sand Point Way NE, Seattle, WA.

Fishery Election in Area 2A

The fishery election process in Area 

2A has not changed since 2004, except 

to update the reference to the sablefish 

regulations at 50 CFR 660.372 in 

paragraph (1)(b). The management 

measures are republished here to 

provide opportunity for public 

comment. Section 26 of the annual 

halibut management measures 

published in the Federal Register will 

continue to read as follows:

(1) A vessel that fishes in Area 2A 

may participate in only one of the 

following three fisheries in Area 2A:

(a) The sport fishery under Section 24;

(b) The commercial directed fishery 

for halibut during the fishing period(s) 

established in Section 8 and/or the 

incidental retention of halibut during 

the primary sablefish fishery described 

at 50 CFR 660.372; or

(c) The incidental catch fishery during 

the salmon troll fishery as authorized in 

Section 8.

(2) No person shall fish for halibut in 

the sport fishery in Area 2A under 

Section 24 from a vessel that has been 

used during the same calendar year for 

commercial halibut fishing in Area 2A 

or that has been issued a permit for the 

same calendar year for the commercial 

halibut fishery in Area 2A.

(3) No person shall fish for halibut in 

the directed halibut fishery during the 

fishing periods established in Section 8 

and/or retain halibut incidentally taken 

in the primary sablefish fishery in Area 

2A from a vessel that has been used 

during the same calendar year for the 

incidental catch fishery during the 

salmon troll fishery as authorized in 

Section 8.

(4) No person shall fish for halibut in 

the directed commercial halibut fishery 

and/or retain halibut incidentally taken 

in the primary sablefish fishery in Area 

2A from a vessel that, during the same 

calendar year, has been used in the 

sport halibut fishery in Area 2A or that 

is licensed for the sport charter halibut 

fishery in Area 2A.

(5) No person shall retain halibut in 

the salmon troll fishery in Area 2A as 

authorized under Section 8 taken on a 

vessel that, during the same calendar 

year, has been used in the sport halibut 

fishery in Area 2A, or that is licensed 

for the sport charter halibut fishery in 

Area 2A.

(6) No person shall retain halibut in 

the salmon troll fishery in Area 2A as 

authorized under Section 8 taken on a 

vessel that, during the same calendar 

year, has been used in the directed 

commercial fishery during the fishing 

periods established in Section 8 and/or 

retain halibut incidentally taken in the 

primary sablefish fishery for Area 2A or 

that is licensed to participate in these 

commercial fisheries during the fishing 

periods established in Section 8 in Area 

2A.

Area 2A Non-Treaty Commercial 

Fishery Closed Area

Similar to 2003 and 2004, large closed 

areas will apply to commercial vessels 

operating in the directed non-treaty 

commercial fishery for halibut in Area 

2A. Some coordinates for the closed 

areas have changed slightly from 2004. 

For 2005, section 27 of the annual 

halibut management measures will read 

as follows:

Non-treaty commercial vessels 

operating in the directed commercial 

fishery for halibut in Area 2A are 

required to fish outside of a closed area, 

known as the Rockfish Conservation 

Area (RCA), that extends along the coast 

from the U.S./Canada border south to 

40°10′ N. lat. Coordinates for the 

specific closed area boundaries are as 

follows:

(1) Between the U.S./Canada border 

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

of the RCA is the shoreline.

(2) Between 46°16′ N. lat. and 40°10′

N. lat., the RCA is defined along an 

eastern, inshore boundary 

approximating 30–fm (55–m). Between 

46°16′ N. lat. and 40°10′ N. lat., the 

eastern boundary for the RCA is defined 

by straight lines connecting all of the 

following points in the order stated:

(1) 46°16.00′ N. lat., 124°13.05′ W. 

long.;

(2) 46°07.00′ N. lat., 124°07.01′ W. 

long.;

(3) 45°55.95′ N. lat., 124°02.23′ W. 

long.;

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6403

(4) 45°54.53′ N. lat., 124°02.57′ W. 

long.;

(5) 45°50.65′ N. lat., 124°01.62′ W. 

long.;

(6) 45°48.20′ N. lat., 124°02.16′ W. 

long.;

(7) 45°46.00′ N. lat., 124°01.86′ W. 

long.;

(8) 45°43.47′ N. lat., 124°01.28′ W. 

long.;

(9) 45°40.48′ N. lat., 124°01.03′ W. 

long.;

(10) 45°39.04′ N. lat., 124°01.68′ W. 

long.;

(11) 45°35.48′ N. lat., 124°01.89′ W. 

long.;

(12) 45°29.81′ N. lat., 124°02.45′ W. 

long.;

(13) 45°27.96′ N. lat., 124°01.89′ W. 

long.;

(14) 45°27.22′ N. lat., 124°02.67′ W. 

long.;

(15) 45°24.20′ N. lat., 124°02.94′ W. 

long.;

(16) 45°20.60′ N. lat., 124°01.74′ W. 

long.;

(17) 45°20.25′ N. lat., 124°01.85′ W. 

long.;

(18) 45°16.44′ N. lat., 124°03.22′ W. 

long.;

(19) 45°13.63′ N. lat., 124°02.70′ W. 

long.;

(20) 45°11.04′ N. lat., 124°03.59′ W. 

long.;

(21) 45°08.55′ N. lat., 124°03.47′ W. 

long.;

(22) 45°02.82′ N. lat., 124°04.64′ W. 

long.;

(23) 45°03.38′ N. lat., 124°04.79′ W. 

long.;

(24) 44°58.06′ N. lat., 124°05.03′ W. 

long.;

(25) 44°53.97′ N. lat., 124°06.92′ W. 

long.;

(26) 44°48.89′ N. lat., 124°07.04′ W. 

long.;

(27) 44°46.94′ N. lat., 124°08.25′ W. 

long.;

(28) 44°42.72′ N. lat., 124°08.98′ W. 

long.;

(29) 44°38.16′ N. lat., 124°11.48′ W. 

long.;

(30) 44°33.38′ N. lat., 124°11.54′ W. 

long.;

(31) 44°28.51′ N. lat., 124°12.03′ W. 

long.;

(32) 44°27.65′ N. lat., 124°12.56′ W. 

long.;

(33) 44°19.67′ N. lat., 124°12.37′ W. 

long.;

(34) 44°10.79′ N. lat., 124°12.22′ W. 

long.;

(35) 44°09.22′ N. lat., 124°12.28′ W. 

long.;

(36) 44°08.30′ N. lat., 124°12.30′ W. 

long.;

(37) 44°00.22′ N. lat., 124°12.80′ W. 

long.;

(38) 43°51.56′ N. lat., 124°13.17′ W. 

long.;

(39) 43°44.26′ N. lat., 124°14.50′ W. 

long.;

(40) 43°33.82′ N. lat., 124°16.28′ W. 

long.;

(41) 43°28.66′ N. lat., 124°18.72′ W. 

long.;

(42) 43°23.12′ N. lat., 124°24.04′ W. 

long.;

(43) 43°20.83′ N. lat., 124°25.67′ W. 

long.;

(44) 43°20.49′ N. lat., 124°25.90′ W. 

long.;

(45) 43°16.41′ N. lat., 124°27.52′ W. 

long.;

(46) 43°14.23′ N. lat., 124°29.28′ W. 

long.;

(47) 43°14.03′ N. lat., 124°28.31′ W. 

long.;

(48) 43°11.92′ N. lat., 124°28.26′ W. 

long.;

(49) 43°11.02′ N. lat., 124°29.11′ W. 

long.;

(50) 43°10.13′ N. lat., 124°29.15′ W. 

long.;

(51) 43°09.27′ N. lat., 124°31.03′ W. 

long.;

(52) 43°07.73′ N. lat., 124°30.92′ W. 

long.;

(53) 43°05.93′ N. lat., 124°29.64′ W. 

long.;

(54) 43°01.59′ N. lat., 124°30.64′ W. 

long.;

(55) 42°59.73′ N. lat., 124°31.16′ W. 

long.;

(56) 42°53.75′ N. lat., 124°36.09′ W. 

long.;

(57) 42°50.00′ N. lat., 124°38.39′ W. 

long.;

(58) 42°49.37′ N. lat., 124°38.81′ W. 

long.;

(59) 42°46.42′ N. lat., 124°37.69′ W. 

long.;

(60) 42°46.07′ N. lat., 124°38.56′ W. 

long.;

(61) 42°45.29′ N. lat., 124°37.95′ W. 

long.;

(62) 42°45.61′ N. lat., 124°36.87′ W. 

long.;

(63) 42°44.28′ N. lat., 124°33.64′ W. 

long.;

(64) 42°42.75′ N. lat., 124°31.84′ W. 

long.;

(65) 42°40.50′ N. lat., 124°29.67′ W. 

long.;

(66) 42°40.04′ N. lat., 124°29.19′ W. 

long.;

(67) 42°38.09′ N. lat., 124°28.39′ W. 

long.;

(68) 42°36.72′ N. lat., 124°27.54′ W. 

long.;

(69) 42°36.56′ N. lat., 124°28.40′ W. 

long.;

(70) 42°35.76′ N. lat., 124°28.79′ W. 

long.;

(71) 42°34.03′ N. lat., 124°29.98′ W. 

long.;

(72) 42°34.19′ N. lat., 124°30.58′ W. 

long.;

(73) 42°31.27′ N. lat., 124°32.24′ W. 

long.;

(74) 42°27.07′ N. lat., 124°32.53′ W. 

long.;

(75) 42°24.21′ N. lat., 124°31.23′ W. 

long.;

(76) 42°20.47′ N. lat., 124°28.87′ W. 

long.;

(77) 42°14.60′ N. lat., 124°26.80′ W. 

long.;

(78) 42°13.67′ N. lat., 124°26.25′ W. 

long.;

(79) 42°10.90′ N. lat., 124°24.57′ W. 

long.;

(80) 42°07.04′ N. lat., 124°23.35′ W. 

long.;

(81) 42°02.16′ N. lat., 124°22.59′ W. 

long.;

(82) 42°00.00′ N. lat., 124°21.81′ W. 

long.;

(83) 41°55.75′ N. lat., 124°20.72′ W. 

long.;

(84) 41°50.93′ N. lat., 124°23.76′ W. 

long.;

(85) 41°42.53′ N. lat., 124°16.47′ W. 

long.;

(86) 41°37.20′ N. lat., 124°17.05′ W. 

long.;

(87) 41°24.58′ N. lat., 124°10.51′ W. 

long.;

(88) 41°20.73′ N. lat., 124°11.73′ W. 

long.;

(89) 41°17.59′ N. lat., 124°10.66′ W. 

long.;

(90) 41°04.54′ N. lat., 124°14.47′ W. 

long.;

(91) 40°54.26′ N. lat., 124°13.90′ W. 

long.;

(92) 40°40.31′ N. lat., 124°26.24′ W. 

long.;

(93) 40°34.00′ N. lat., 124°27.39′ W. 

long.;

(94) 40°30.00′ N. lat., 124°31.32′ W. 

long.;

(95) 40°28.89′ N. lat., 124°32.43′ W. 

long.;

(96) 40°24.77′ N. lat., 124°29.51′ W. 

long.;

(97) 40°22.47′ N. lat., 124°24.12′ W. 

long.;

(98) 40°19.73′ N. lat., 124°23.59′ W. 

long.;

(99) 40°18.64′ N. lat., 124°21.89′ W. 

long.;

(100) 40°17.67′ N. lat., 124°23.07′ W. 

long.;

(101) 40°15.58′ N. lat., 124°23.61′ W. 

long.;

(102) 40°13.42′ N. lat., 124°22.94′ W. 

long.; and

(103) 40°10.00′ N. lat., 124°16.65′ W. 

long.

(3) Between the U.S./Canada border 

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

along a western, offshore boundary 

approximating 100-fm (183-m). North of 

40°10′ N. lat., the western boundary for 

the RCA is defined by straight lines 

connecting all of the following points in 

the order stated:

(1) 48°15.00′ N. lat., 125°41.00′ W. 

long.;

6404 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

(2) 48°14.00′ N. lat., 125°36.00′ W. 

long.;

(3) 48°09.50′ N. lat., 125°40.50′ W. 

long.;

(4) 48°08.00′ N. lat., 125°38.00′ W. 

long.;

(5) 48°05.00′ N. lat., 125°37.25′ W. 

long.;

(6) 48°02.60′ N. lat., 125°34.70′ W. 

long.;

(7) 47°59.00′ N. lat., 125°34.00′ W. 

long.;

(8) 47°57.26′ N. lat., 125°29.82′ W. 

long.;

(9) 47°59.87′ N. lat., 125°25.81′ W. 

long.;

(10) 48°01.80′ N. lat., 125°24.53′ W. 

long.;

(11) 48°02.08′ N. lat., 125°22.98′ W. 

long.;

(12) 48°02.97′ N. lat., 125°22.89′ W. 

long.;

(13) 48°04.47′ N. lat., 125°21.75′ W. 

long.;

(14) 48°06.11′ N. lat., 125°19.33′ W. 

long.;

(15) 48°07.95′ N. lat., 125°18.55′ W. 

long.;

(16) 48°09.00′ N. lat., 125°18.00′ W. 

long.;

(17) 48°11.31′ N. lat., 125°17.55′ W. 

long.;

(18) 48°14.60′ N. lat., 125°13.46′ W. 

long.;

(19) 48°16.67′ N. lat., 125°14.34′ W. 

long.;

(20) 48°18.73′ N. lat., 125°14.41′ W. 

long.;

(21) 48°19.67′ N. lat., 125°13.70′ W. 

long.;

(22) 48°19.70′ N. lat., 125°11.13′ W. 

long.;

(23) 48°22.95′ N. lat., 125°10.79′ W. 

long.;

(24) 48°21.61′ N. lat., 125°02.54′ W. 

long.;

(25) 48°23.00′ N. lat., 124°49.34′ W. 

long.;

(26) 48°17.00′ N. lat., 124°56.50′ W. 

long.;

(27) 48°06.00′ N. lat., 125°00.00′ W. 

long.;

(28) 48°04.62′ N. lat., 125°01.73′ W. 

long.;

(29) 48°04.84′ N. lat., 125°04.03′ W. 

long.;

(30) 48°06.41′ N. lat., 125°06.51′ W. 

long.;

(31) 48°06.00′ N. lat., 125°08.00′ W. 

long.;

(32) 48°07.08′ N. lat., 125°09.34′ W. 

long.;

(33) 48°07.28′ N. lat., 125°11.14′ W. 

long.;

(34) 48°03.45′ N. lat., 125°16.66′ W. 

long.;

(35) 47°59.50′ N. lat., 125°18.88′ W. 

long.;

(36) 47°58.68′ N. lat., 125°16.19′ W. 

long.;

(37) 47°56.62′ N. lat., 125°13.50′ W. 

long.;

(38) 47°53.71′ N. lat., 125°11.96′ W. 

long.;

(39) 47°51.70′ N. lat., 125°09.38′ W. 

long.;

(40) 47°49.95′ N. lat., 125°06.07′ W. 

long.;

(41) 47°49.00′ N. lat., 125°03.00′ W. 

long.;

(42) 47°46.95′ N. lat., 125°04.00′ W. 

long.;

(43) 47°46.58′ N. lat., 125°03.15′ W. 

long.;

(44) 47°44.07′ N. lat., 125°04.28′ W. 

long.;

(45) 47°43.32′ N. lat., 125°04.41′ W. 

long.;

(46) 47°40.95′ N. lat., 125°04.14′ W. 

long.;

(47) 47°39.58′ N. lat., 125°04.97′ W. 

long.;

(48) 47°36.23′ N. lat., 125°02.77′ W. 

long.;

(49) 47°34.28′ N. lat., 124°58.66′ W. 

long.;

(50) 47°32.17′ N. lat., 124°57.77′ W. 

long.;

(51) 47°30.27′ N. lat., 124°56.16′ W. 

long.;

(52) 47°30.60′ N. lat., 124°54.80′ W. 

long.;

(53) 47°29.26′ N. lat., 124°52.21′ W. 

long.;

(54) 47°28.21′ N. lat., 124°50.65′ W. 

long.;

(55) 47°27.38′ N. lat., 124°49.34′ W. 

long.;

(56) 47°25.61′ N. lat., 124°48.26′ W. 

long.;

(57) 47°23.54′ N. lat., 124°46.42′ W. 

long.;

(58) 47°20.64′ N. lat., 124°45.91′ W. 

long.;

(59) 47°17.99′ N. lat., 124°45.59′ W. 

long.;

(60) 47°18.20′ N. lat., 124°49.12′ W. 

long.;

(61) 47°15.01′ N. lat., 124°51.09′ W. 

long.;

(62) 47°12.61′ N. lat., 124°54.89′ W. 

long.;

(63) 47°08.22′ N. lat., 124°56.53′ W. 

long.;

(64) 47°08.50′ N. lat., 124°57.74′ W. 

long.;

(65) 47°01.92′ N. lat., 124°54.95′ W. 

long.;

(66) 47°01.14′ N. lat., 124°59.35′ W. 

long.;

(67) 46°58.48′ N. lat., 124°57.81′ W. 

long.;

(68) 46°56.79′ N. lat., 124°56.03′ W. 

long.;

(69) 46°58.01′ N. lat., 124°55.09′ W. 

long.;

(70) 46°55.07′ N. lat., 124°54.14′ W. 

long.;

(71) 46°59.60′ N. lat., 124°49.79′ W. 

long.;

(72) 46°58.72′ N. lat., 124°48.78′ W. 

long.;

(73) 46°54.45′ N. lat., 124°48.36′ W. 

long.;

(74) 46°53.99′ N. lat., 124°49.95′ W. 

long.;

(75) 46°54.38′ N. lat., 124°52.73′ W. 

long.;

(76) 46°52.38′ N. lat., 124°52.02′ W. 

long.;

(77) 46°48.93′ N. lat., 124°49.17′ W. 

long.;

(78) 46°41.50′ N. lat., 124°43.00′ W. 

long.;

(79) 46°34.50′ N. lat., 124°28.50′ W. 

long.;

(80) 46°29.00′ N. lat., 124°30.00′ W. 

long.;

(81) 46°20.00′ N. lat., 124°36.50′ W. 

long.;

(82) 46°18.00′ N. lat., 124°38.00′ W. 

long.;

(83) 46°17.52′ N. lat., 124°35.35′ W. 

long.;

(84) 46°17.00′ N. lat., 124°22.50′ W. 

long.;

(85) 46°16.00′ N. lat., 124°20.62′ W. 

long.;

(86) 46°13.52′ N. lat., 124°25.49′ W. 

long.;

(87) 46°12.17′ N. lat., 124°30.75′ W. 

long.;

(88) 46°10.63′ N. lat., 124°37.95′ W. 

long.;

(89) 46°09.29′ N. lat., 124°39.01′ W. 

long.;

(90) 46°02.40′ N. lat., 124°40.37′ W. 

long.;

(91) 45°56.45′ N. lat., 124°38.00′ W. 

long.;

(92) 45°51.92′ N. lat., 124°38.49′ W. 

long.;

(93) 45°47.19′ N. lat., 124°35.58′ W. 

long.;

(94) 45°46.41′ N. lat., 124°32.36′ W. 

long.;

(95) 45°46.00′ N. lat., 124°32.10′ W. 

long.;

(96) 45°41.75′ N. lat., 124°28.12′ W. 

long.;

(97) 45°36.96′ N. lat., 124°24.48′ W. 

long.;

(98) 45°31.84′ N. lat., 124°22.04′ W. 

long.;

(99) 45°27.10′ N. lat., 124°21.74′ W. 

long.;

(100) 45°20.25′ N. lat., 124°18.54′ W. 

long.;

(101) 45°18.14′ N. lat., 124°17.59′ W. 

long.;

(102) 45°11.08′ N. lat., 124°16.97′ W. 

long.;

(103) 45°04.38′ N. lat., 124°18.36′ W. 

long.;

(104) 45°03.83′ N. lat., 124°18.60′ W. 

long.;

(105) 44°58.05′ N. lat., 124°21.58′ W. 

long.;

(106) 44°47.67′ N. lat., 124°31.41′ W. 

long.;

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6405

(107) 44°44.55′ N. lat., 124°33.58′ W. 

long.;

(108) 44°39.88′ N. lat., 124°35.01′ W. 

long.;

(109) 44°32.90′ N. lat., 124°36.81′ W. 

long.;

(110) 44°30.33′ N. lat., 124°38.56′ W. 

long.;

(111) 44°30.04′ N. lat., 124°42.31′ W. 

long.;

(112) 44°26.84′ N. lat., 124°44.91′ W. 

long.;

(113) 44°17.99′ N. lat., 124°51.03′ W. 

long.;

(114) 44°13.68′ N. lat., 124°56.38′ W. 

long.;

(115) 44°08.30′ N. lat., 124°55.99′ W. 

long.;

(116) 43°56.67′ N. lat., 124°55.45′ W. 

long.;

(117) 43°56.47′ N. lat., 124°34.61′ W. 

long.;

(118) 43°42.73′ N. lat., 124°32.41′ W. 

long.;

(119) 43°30.93′ N. lat., 124°34.43′ W. 

long.;

(120) 43°20.83′ N. lat., 124°39.39′ W. 

long.;

(121) 43°17.45′ N. lat., 124°41.16′ W. 

long.;

(122) 43°07.04′ N. lat., 124°41.25′ W. 

long.;

(123) 43°03.45′ N. lat., 124°44.36′ W. 

long.;

(124) 43°03.90′ N. lat., 124°50.81′ W. 

long.;

(125) 42°55.70′ N. lat., 124°52.79′ W. 

long.;

(126) 42°54.12′ N. lat., 124°47.36′ W. 

long.;

(127) 42°50.00′ N. lat., 124°45.33′ W. 

long.;

(128) 42°44.00′ N. lat., 124°42.38′ W. 

long.;

(129) 42°40.50′ N. lat., 124°41.71′ W. 

long.;

(130) 42°38.23′ N. lat., 124°41.25′ W. 

long.;

(131) 42°33.03′ N. lat., 124°42.38′ W. 

long.;

(132) 42°31.89′ N. lat., 124°42.04′ W. 

long.;

(133) 42°30.09′ N. lat., 124°42.67′ W. 

long.;

(134) 42°28.28′ N. lat., 124°47.08′ W. 

long.;

(135) 42°25.22′ N. lat., 124°43.51′ W. 

long.;

(136) 42°19.23′ N. lat., 124°37.92′ W. 

long.;

(137) 42°16.29′ N. lat., 124°36.11′ W. 

long.;

(138) 42°13.67′ N. lat., 124°35.81′ W. 

long.;

(139) 42°05.66′ N. lat., 124°34.92′ W. 

long.;

(140) 42°00.00′ N. lat., 124°35.27′ W. 

long.;

(141) 41°47.04′ N. lat., 124°27.64′ W. 

long.;

(142) 41°32.92′ N. lat., 124°28.79′ W. 

long.;

(143) 41°24.17′ N. lat., 124°28.46′ W. 

long.;

(144) 41°10.12′ N. lat., 124°20.50′ W. 

long.;

(145) 40°51.41′ N. lat., 124°24.38′ W. 

long.;

(146) 40°43.71′ N. lat., 124°29.89′ W. 

long.;

(147) 40°40.14′ N. lat., 124°30.90′ W. 

long.;

(148) 40°37.35′ N. lat., 124°29.05′ W. 

long.;

(149) 40°34.76′ N. lat., 124°29.82′ W. 

long.;

(150) 40°36.78′ N. lat., 124°37.06′ W. 

long.;

(151) 40°32.44′ N. lat., 124°39.58′ W. 

long.;

(152) 40°30.00′ N. lat., 124°38.13′ W. 

long.;

(153) 40°24.82′ N. lat., 124°35.12′ W. 

long.;

(154) 40°23.30′ N. lat., 124°31.60′ W. 

long.;

(155) 40°23.52′ N. lat., 124°28.78′ W. 

long.;

(156) 40°22.43′ N. lat., 124°25.00′ W. 

long.;

(157) 40°21.72′ N. lat., 124°24.94′ W. 

long.;

(158) 40°21.87′ N. lat., 124°27.96′ W. 

long.;

(159) 40°21.40′ N. lat., 124°28.74′ W. 

long.;

(160) 40°19.68′ N. lat., 124°28.49′ W. 

long.;

(161) 40°17.73′ N. lat., 124°25.43′ W. 

long.;

(162) 40°18.37′ N. lat., 124°23.35′ W. 

long.;

(163) 40°15.75′ N. lat., 124°26.05′ W. 

long.;

(164) 40°16.75′ N. lat., 124°33.71′ W. 

long.;

(165) 40°16.29′ N. lat., 124°34.36′ W. 

long.; and

(166) 40°10.00′ N. lat., 124°21.12′ W. 

long.;

NMFS requests public comments on 

the Pacific Council’s recommended 

modifications to the Plan and the 

proposed domestic fishing regulations. 

The Area 2A TAC will be set by the 

IPHC at its annual meeting on January 

18–21, 2005, in Victoria, B.C. NMFS 

requests comments on the proposed 

changes to the Plan and domestic 

fishing regulations after the annual 

meeting but before 5pm local time on 

March 16, 2005, so that the public will 

have the opportunity to consider the 

final Area 2A TAC before submitting 

comments on the proposed changes. 

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 a final rule for the Area 2A Pacific 

halibut fisheries concurrent with the 

IPHC regulations for the 2005 Pacific 

halibut fisheries.

Classification

NMFS has prepared an EA/RIR/IRFA 

and a CE 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 

$3.5 million. For related fish-processing 

businesses, a small business is one that 

employs 500 or fewer persons. For 

marinas and charter/party boats, a small 

business is one with annual receipts not 

in excess of $6.0 million. All of the 

businesses that would be affected by 

this action are considered small 

businesses under SBA guidance.

The proposed changes to the Plan, 

which allocates the catch of Pacific 

halibut among users in Washington, 

Oregon and California, would: (1) allow 

remaining quota from Washington’s 

south coast subarea to be used to 

accommodate incidental catch in the 

south coast nearshore fishery; (2) allow 

quota projected to be unused to be 

transferred from the Oregon’s central 

coast subarea to another subarea south 

of Leadbetter Point, WA; (3) revise the 

season structure for Oregon’s all-depth 

spring and summer sport fisheries; (4) 

provide more flexibility for Oregon’s 

inseason sport fishery management 

(triggers for additional fishery openings 

and bag limits in the all-depth summer 

fishery); (5) revise the public 

announcement process for the Oregon 

all-depth summer sport fishery; (6) 

revise the Columbia River subarea quota 

contributions from Oregon/California; 

(7) remove the minimum length 

requirement in all subareas south of 

Leadbetter Point, WA; (8) prohibit 

retention of all groundfish, except 

sablefish, in the Columbia River fishery 

during all days and in the Central Coast 

6406 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

fisheries during ‘‘all-depth’’ days; (9) 

implement a closed area off Oregon’s 

coast; and (10) revise all coordinates 

from degrees minutes seconds to 

degrees decimal minutes. These 

proposed changes to the Plan for each 

issue are intended to increase protection 

for overfished groundfish within the 

recreational halibut fisheries and to 

allow Oregon anglers easier access to 

their halibut quota. The flexible 

inseason management provisions, the 

fishery election process, and the 

domestic management measures in Area 

2A have essentially not changed since 

2004, but are included in the proposed 

rule to provide opportunity for public 

notice and comment.

These changes to the Plan and annual 

domestic Area 2A halibut management 

measures are authorized under the 

Pacific Halibut Act and implementing 

regulations at 50 CFR 300.60–65.

The proposed changes to the Plan will 

affect charter fishing operations that 

operate off Oregon. The IPHC issued 138 

licenses to the charterboat fleet in 2004, 

approximately 52 of which were issued 

to Oregon charterboat operators. 

Specific data on the economics of 

halibut charter operations is 

unavailable. However, in January 2004 

the Pacific States Marine Fisheries 

Commission (PSMFC) reported that 

there were about 150 charterboat vessels 

operating in waters off Oregon in 2000. 

Compared with the 52 IPHC charter 

licenses issued to Oregon addresses in 

2004, this estimate suggests that 

approximately 35–percent of the Oregon 

charterboat fleet participates 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. In 2000, small Oregon 

charterboat vessels had an average 

annual revenue of about $7,000, an 

average length of 23.4 feet (7.2 meters), 

and typically carried six passengers. In 

2000, medium Oregon charterboat 

vessels had an average annual revenue 

of $85,000, an average length of 41.4 feet 

and typically carried 19 to 20 

passengers. These data confirm that 

Oregon charterboat vessels qualify as 

small entities under the Regulatory 

Flexibility Act.

The proposed changes to the Plan are 

not expected to result in any significant 

economic impacts for small entities. The 

proposed sport management measures 

for 2005 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 EA/RIR/

IRFA for this action reviewed 

alternatives including no action, 

adopting a closed area on Stonewall 

Bank, prohibiting groundfish retention 

in the Columbia River and Oregon’s 

Central coast areas, and removing the 

minimum length requirement. The 

preferred alternatives were to adopt 

both a closed area on Stonewall Bank 

and prohibit groundfish retention in the 

Columbia River and Oregon’s Central 

coast areas as well as removing the 

minimum length requirement. There 

were no alternatives that could have 

similarly improved angler enjoyment of 

and participation in the fisheries while 

simultaneously protecting halibut and 

co-occurring groundfish species from 

overharvest. These changes do not 

include any reporting or recordkeeping 

requirements. These changes will also 

not duplicate, overlap or conflict with 

other laws or regulations.

This action has been determined to be 

not significant for purposes of Executive 

Order 12866.

Pursuant to Executive Order 13175, 

the Secretary of Commerce 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 reserves 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 12 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.

Authority: 16 U.S.C. 773–773k

Dated: February 1, 2005.

John Oliver,

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service.

[FR Doc. 05–2282 Filed 2–4–05; 8:45 am]

BILLING CODE 3510–22–S