Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2925

DATES: Comments on the proposed rule

should be submitted in writing at the

address shown below on or before

March 13, 1995, to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, ATTN:

Mr. Eric R. Mens, PDUSD(A&T)DP/DAR,

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

number (703) 602–0350. Please cite

DFARS Case 94–D007 in all

correspondence.

FOR FURTHER INFORMATION CONTACT: Mr.

Eric Mens, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed DFARS rule

supplements an interim DFARS rule

which the Director of Defense

Procurement issued on December 29,

1994, to implement Section 818 of the

National Defense Authorization Act for

Fiscal year 1995 (Public Law 103–337).

The interim DFARS rule imposed

restrictions on the allowability of

restructuring costs associated with a

business combination undertaken by a

defense contractor. While the interim

rule provided policies and procedures

for allowing appropriate contractor costs

which involve external restructuring

activities, it did not address the

allowability of costs associated with

internal restructuring activities.

This proposed DFARS rule states that

contractor costs associated with internal

restructuring activities are unallowable

unless allowable in accordance with

FAR Part 31 and DFARS Part 231; an

audit of projected restructuring costs

and savings is performed; and the ACO

determines that overall reduced costs

should result for DoD and negotiates an

advance agreement with the contractor.

Unlike restructuring costs associated

with external restructuring activities,

certification by the Under Secretary of

Defense (Acquisition & Technology)

concerning projected future savings for

DoD is not required for reimbursement

of the costs associated with internal

restructuring activities.

B. Regulatory Flexibility Act

The proposed rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because most small entities are not

subject to the contract cost principles in

FAR Part 31 or DFARS Part 231. The

contract cost principles normally apply

where contract award exceeds $500,000

and the price is based on certified cost

or pricing data. This proposed DFARS

rule applies only to defense contractors

which incur restructuring costs

coincident to internal restructuring

activities and are subject to the contract

cost principles. Most contracts awarded

to small entities are awarded on a

competitive, fixed-price basis. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments are invited from small

business entities and other interested

parties. Comments from small entities

concerning the affected DFARS

Subparts will also be considered in

accordance with section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 94–

D007 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because the

proposed rule does not impose any

additional reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501

et seq.

List of Subjects in 48 CFR Part 231

Government Procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, it is proposed that 48 CFR

Part 231 be amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

2. Section 231.205–70 is amended by

adding a new paragraph (c) (4) to read

as follows:

231.205–70 Restructuring costs.

* * * * *

(c) Limitations on cost allowability.

* * *

(4) Restructuring costs associated with

internal restructuring activities shall not

be allowed unless—

(i) Such costs are allowable in

accordance with FAR Part 31 and

DFARS Part 231;

(ii) An audit of projected restructuring

costs and restructuring savings is

performed; and

(iii) The cognizant ACO reviews the

audit report and the projected costs and

projected savings, determines that

overall reduced costs should result for

DoD, and negotiates an advance

agreement with the contractor.

* * * * *

[FR Doc. 95–764 Filed 1–11–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 950106–003–5003–01; I.D.

121994A]

RIN 0648–AH01

Pacific Halibut Fisheries; Catch

Sharing Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule and proposed

catch sharing plan.

SUMMARY: NMFS proposes to approve

and implement a 1995 Catch Sharing

Plan (Plan) in accordance with the

Northern Pacific Halibut Act of 1982

(Halibut Act) to allocate the total

allowable catch (TAC) of Pacific halibut

among treaty Indian, non-Indian

commercial, and non-Indian sport

fisheries off the coasts of Washington,

Oregon, and California (International

Pacific Halibut Commission (IPHC)

Statistical Area 2A). This proposed Plan

is based on the recommendations of the

Pacific Fishery Management Council

(Council). This action is necessary to

allocate the harvestable resources

among the states in a manner that

responds to the dynamics and growth in

a sport fishery and growth in a tribal

fishery. The action is intended to

allocate harvestable resources among

user groups under the provisions of the

Halibut Act to carry out the objectives

of the IPHC and the Council.

DATES: Comments on the Plan must be

received on or before January 19, 1995;

comments on the remainder of the

proposed rule must be received on or

before February 20, 1995.

ADDRESSES: Send comments to William

Stelle, Jr., Director, Northwest Region,

NMFS, 7600 Sand Point Way NE,

Seattle, WA 98115.

FOR FURTHER INFORMATION CONTACT: Joe

Scordino, 206–526–6140.

SUPPLEMENTARY INFORMATION: The

Northern Pacific Halibut Act of 1982 at

16 U.S.C. 773c provides that the

Secretary of Commerce (Secretary) shall

have general responsibility to carry out
2926 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

the Halibut Convention between the

United States and Canada, and that the

Secretary shall adopt such regulations

as may be necessary to carry out the

purposes and objectives of the

Convention and the Halibut Act. Section

773c(c) also authorizes the regional

fishery management council having

authority for the geographic area

concerned to develop regulations

governing the Pacific halibut catch in

U.S. Convention waters that are in

addition to, but not in conflict with,

regulations of the IPHC. Accordingly,

the Council has developed Catch

Sharing Plans since 1988 to allocate the

TAC of Pacific halibut between treaty

Indian, non-Indian commercial, and

non-Indian sport fisheries in Area 2A off

Washington, Oregon, and California.

At its September 1993 public meeting,

the Council decided to consider all

aspects of the halibut allocation issue

and to develop a multiyear Plan for

1995 and beyond. The Council

requested that the Halibut Managers

Group (HMG) and the Halibut Advisory

Subpanel (HAS) develop a complete list

of allocation issues for Council

consideration. At its November 1993

public meeting, the Council adopted a

number of issues identified by the HMG

and HAS that would be considered in

development of a Plan for 1995 and

beyond. The issues adopted for public

comment were: (1) Timeframe for the

Plan (i.e., 2–5 years), (2) treaty Indian

entitlement, (3) bycatch, (4) biomassbased or geographic allocation, (5)

individual transferable quotas, (6)

allocations within the commercial

fishery (i.e., troll allocation), (7)

geographic restrictions on the

commercial fishery, (8) minimizing

quota overages in non-Indian

commercial fishery, (9) shifting the

commercial fishery to a non-directed

(incidental catch) fishery at lower

quotas, (10) varying allocation shares

based on varying TAC levels (i.e.,

sliding scale), (11) fixed timeframes for

sport seasons based on expected catch

(rather than quotas requiring

monitoring), and (12) state shaping of

sport fisheries. At its March 1994 public

meeting, after receiving comments from

the HMG, HAS, and the public on the

issues and possible options for

addressing the issues, the Council

adopted a complex of options/

alternatives for analysis. The Council

also requested an analysis of the profile

of the Area 2A halibut fisheries and how

they have changed in recent years. This

analysis is provided in the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared on

the proposed Plan for 1995 and beyond.

A description and analysis of the

options/alternatives, along with a

description of the fisheries in Area 2A,

were presented to the Council at its

August 1994 public meeting. After

review of the analysis and consideration

of public comments, the Council

developed four allocation options, three

management measures, a tribal fishery

structuring, and two sport fishery

structuring framework alternatives (one

for Washington and one for Oregon/

California) for public comment. At its

October 1994 public meeting, the

Council received comments from the

HAS and the public on the options and

alternatives and took final action in

selecting one allocation option and

approving management measures and

sport structuring that were combined

into a proposed Plan for 1995 and

beyond.

The Council considered four options

for allocating Pacific halibut among

non-Indian fisheries in Area 2A

beginning in 1995. The options

considered apply only to the non-Indian

share of 65 percent of the Area 2A TAC

after removing the treaty tribal share of

35 percent. The options, which are

described in detail in the EA/RIR, were:

(1) To maintain status quo allocation of

50 percent each to commercial and sport

fisheries and allocate the sport fishery

share 61 percent to areas north of Cape

Falcon and 39 percent south, (2) to

allocate evenly (one-third each) between

the sport fisheries north and south of

the Columbia River and the commercial

fishery (the commercial fishery would

be limited to the area south of the

Columbia River), (3) to allocate 50

percent north and south of the Columbia

River with differing sliding- scale

sharing between sport/commercial

fisheries in each area, and (4) to allocate

60 percent to the commercial fisheries

and 40 percent to the sport fisheries,

with a status quo sharing among the

sport fisheries.

The Council adopted a modified

Option 2 that divides the non-Indian

harvest into three shares with the sport

fishery north of the Columbia River

receiving 36.6 percent, the sport fishery

south of the Columbia River receiving

31.7 percent, and the commercial

fishery receiving 31.7 percent. The

commercial fishery would be confined

to the area south of Subarea 2A–1 (south

of the treaty Indian tribes’ usual and

accustomed fishing area). The rationale

was to increase the allocation to the

sport fisheries off Oregon to provide a

better balance in sharing of the harvests

between sport fisheries off Oregon and

Washington. The commercial fishery

allocation was reduced over status quo

by about 12 percent to provide for the

increases in the sport fisheries.

The Council took this action to

allocate the harvestable resources

among the states in a manner that

responds to the dynamics and growth in

a sport fishery and growth in a tribal

fishery. Sport fisheries in both

Washington and Oregon have been

compressed due to reduced quotas for

Area 2A and restrictive allocations that

have not provided sufficient access and

fishing opportunity for sport users.

Sport fisheries consist primarily of

small boats and charterboats that are

tied to coastal communities. Many of

the coastal communities in Washington

and Oregon are dependent on revenues

generated from sport fisheries. As such,

these sport fisheries are not mobile (in

contrast to commercial fishing vessels)

and cannot move into other areas to

conduct fishing operations. The

dependence of these coastal

communities, in contrast to the mobility

of the vessels operating in the

commercial fishery, was considered by

the Council in reducing the commercial

allocation in order to increase and better

balance the sport allocations between

Washington and Oregon.

The EA/RIR prepared for the Council

indicates that the commercial halibut

fishery in Area 2A is a small part of the

average annual revenues for commercial

fishers that have been involved in this

fishery and that halibut fishers in Area

2A consist of a highly mobile fleet of

vessels that have moved in and out of

the Area 2A halibut fishery (of 1,153

commercial vessels that operated in the

fishery between 1987 and 1993, only 2.5

percent landed halibut in each of those

years), and that relatively few vessels

account for most of the catch each year.

The commercial fishery was restricted

in the northern area to shift harvests to

the south to provide a broader

distribution of harvests in Area 2A and

prevent the higher removals that were

occurring in the northern area of Area

2A. In 1994, about 80 percent of the

Area 2A harvest occurred off

Washington. Commercial fishers that

have been active in the Pacific halibut

fishery are highly mobile and would

have the option of fishing south of Area

2A–1. This shift in the open area for the

commercial fishery would also have the

effect of providing better control of a

reduced harvest level by constraining

the fishery to a smaller area. This

geographic shifting of non-tribal catch is

not intended to prejudice the treaty

Indian share. The increased allocation

to Oregon sport fisheries and the

restriction of the commercial fishery to

more southern areas of Area 2A is

intended to shift the non-Indian
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2927

harvesting effort into southern areas of

halibut biomass and is not based on a

conservation concern.

The allocations recommended by the

Council are intended to continue until

new information becomes available

such as new information on biomass

distribution. Upon receipt of new

information, the Council can decide if

the information necessitates

reconsidering the issue of halibut

allocation.

The Council recommended dividing

the commercial fishery into two sectors,

with 85 percent of the non-Indian

commercial fishery allocation for a

directed halibut fishery and 15 percent

for incidental harvests of halibut during

the salmon troll fisheries. The Council

acknowledged that salmon trollers

traditionally harvested halibut during

salmon fisheries, but have been

excluded from their traditional halibut

fishery because recent years’ season

structuring limited commercial halibut

openings to 1 or 2 days in the summer

that did not correspond with salmon

troll openings. Therefore, the Council

adopted a separate allocation to allow

trollers to renew their traditional access

to halibut incidentally caught during the

May and June salmon troll fishery as

described in the proposed Plan at

§ 301.23. In order to ensure that salmon

trollers do not target on halibut and

exceed their allocation, the Council

adopted a ratio fishery whereby a

salmon troller would not be allowed to

retain halibut until a specified number

of chinook salmon had been caught; the

vessel would be limited to landing one

halibut per that number of chinook. The

initial ratio proposed by the Council is

one halibut per 25 chinook, but this

ratio would be adjusted annually after

halibut and chinook quotas are

determined, to ensure the fishery is

viable without exceeding the halibut

quota. Also, because the chinook quotas

and harvest guidelines can affect

whether this fishery can be prosecuted,

the Council adopted rollover provisions

that would allow the transfer of any

quota remaining from this fishery on

June 30 to the directed halibut fishery,

which normally opens in July or

August. In addition, if quota remained

unharvested from the directed fishery, it

would be transferred to the fall salmon

troll fisheries.

The Council considered three new

management measures that would apply

to the commercial and sport fisheries.

The first measure would prohibit

commercial fishing for halibut from any

vessel that participates in the sport

fishery for halibut in Area 2A, and vice

versa. The basis for this measure was

concern that increased numbers of

charterboat vessels and private vessels

operating in the sport fishery were

obtaining commercial licenses and also

participating in the commercial fishery

in Area 2A. This ‘‘double-dipping’’ into

both commercial and sport allocations

was viewed as inconsistent with the

Council’s allocation intent to provide

separate quotas and opportunity for

each harvesting sector to utilize its

allocation. Therefore, the Council

recommended restrictions on the

issuance of IPHC licenses to vessels

operating in Area 2A.

The second management measure

considered by the Council was

possession limits on land. The current

IPHC regulations on possession limits

for halibut in Area 2A stipulate only

that the possession limit on the water is

the same as the daily bag limit and do

not address possession limits on land.

Because the three states have different

regulations and interpretations on

possession limits on land and condition

of fish (e.g., frozen, fresh) as they relate

to possession limits, enforcement has

varied between states and ports. A

possession limit on land is intended to

restrict the number of halibut trips that

sport fishers can make so that the sport

allocation is better distributed among

sport users. This would allow for longer

seasons because the quotas would not

be achieved as quickly. The Council

adopted a measure that would ensure a

consistent application of possession

limits in the subareas north and south

of Cape Falcon. These possession limits

would apply to all halibut possessed,

regardless of condition of fish (e.g.,

frozen, fresh). For the sport fisheries

north of Cape Falcon, the Council

adopted a possession limit on land of

two daily bag limits. Because of the

more remote locations of the sport

halibut fishing ports (such as Neah Bay)

in Washington, the Council adopted a

possession limit on land of two daily

bag limits to allow fishers more

opportunity to fish in those remote

locations that require more travel time

to access. Further, this possession limit

was proposed because it was consistent

with Washington sport regulations and

would be easier to enforce. For the sport

fisheries south of Cape Falcon, the

possession limit on land would be the

same as the daily bag limit. This

possession limit on land of one daily

bag limit is consistent with Oregon sport

regulations for all other species and

would make enforcement easier.

The third management measure

considered by the Council was an

alternate approach to establishing sport

fishery geographic subareas whereby

‘‘landing zones’’ would be created,

consisting of the ports in the geographic

area, and regulation of and accounting

for catch would be by area of landing

rather than area of catch. The landing

zone approach would prevent vessels

out of other ports from utilizing a

subquota intended for another subarea.

It also would simplify enforcement and

accounting by eliminating the need to

verify area of catch. The Council

adopted this measure and recommended

that all sport fishing in 2A (except for

fish caught in the north Washington

coast area and landed in Neah Bay) be

managed on a ‘‘port of landing’’ basis,

whereby any halibut landed into a port

would count toward the quota for the

area in which that port is located, and

the regulations governing the area of

landing would apply, regardless of the

specific area of catch. Neah Bay is

treated differently because, although it

is located in the Washington inside

waters subarea, it is the principal port

used by sport fishers to access the

Washington north coast subarea.

The Council considered the

structuring of the sport fisheries and

suballocations among ports in

geographic areas as described in the EA/

RIR. The division of the sport allocation

among geographic areas is intended to

spread the sport fishing opportunity and

allow it to occur in a manner that is

most beneficial to the sport fishers in

those areas. Some areas that have low

halibut fishing effort and success are

managed for seasons that allow fishers

to retain incidental catches throughout

the months when sport fishing is

accessible, while other areas are

characterized by high fishing effort and

catch and are managed to allow

maximum fishing opportunity while

preventing quotas from being achieved

too quickly. This approach results in

differing bag limits and seasons in each

subarea that are designed to maximize

the sport fishing opportunity and

fishing experience for anglers, based on

the specific characteristics of fishing

patterns and catches in the respective

areas.

The Council divided the sport

fisheries into seven areas that represent

the principal ports areas that sport

fishers use. The seven areas, which are

defined below, are: (1) Washington

inside waters, (2) Washington north

coast, (3) Washington south coast, (4)

Columbia River area, (5) Oregon central

coast, (6) Oregon south coast, and (7)

California coast. The management goals

for the sport fishery in each subarea are

described in the Plan proposed at

§ 301.23. The suballocations and season

structuring recommended by the

Council for each of these areas is as

follows.
2928 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

Washington Inside Waters Sport

Fishery Subarea (Puget Sound

Including Strait of Juan de Fuca).

The Council considered an allocation

for this area that ranged between 17 and

32.5 percent of the Washington sport

fishery subquota. In 1994, this area was

allocated 32.4 percent of the sport

fishery subquota, which equaled 6.42

percent of the Area 2A TAC. The

Council recommends an allocation of

28.0 percent of the Washington sport

allocation, which equals 6.66 percent of

the Area 2A TAC. The Council made no

changes to the season structuring

approach, bag limits, or the geographic

limits of this subarea. Due to inability to

monitor the catch in this area inseason,

the Council adopted a fixed season

management approach, rather than a

quota. The season would be established

preseason based on projected catch per

day and number of days to achievement

of the subquota. No inseason

adjustments would be made; estimates

of actual catch would be made post

season.

Washington North Coast Sport Fishery

Subarea.

The Council considered an allocation

for this area that ranged between 51 and

62.3 percent of the Washington sport

fishery subquota. In 1994, this area was

allocated 62.4 percent of the sport

fishery subquota, which equaled 12.37

percent of the Area 2A TAC. The

Council recommends an allocation of

57.7 percent of the Washington sport

allocation, which equals 13.73 percent

of the Area 2A TAC. The Council made

no changes to the geographic limits of

this subarea. The Council recommends

a two-tier approach to the season

structuring, which would maintain the

traditional early May fishery intended to

extend through the month; if sufficient

quota remained after May 31, an early

July fishery would be scheduled for the

Fourth of July holiday when sport

fishers have requested access to halibut.

The Council made no changes to the

one-fish with no minimum size bag

limit in this area. Also, the Council

maintained the closure in the area that

is approximately 19.5 nm (36.1 km)

southwest of Cape Flattery. High catches

of large fish from this area in the past

caused the fishery to close early, due to

quota attainment. The Council adopted

a closure of this area to provide for

longer seasons and fishing opportunity

in other parts of the sport fishery

subarea.

Washington South Coast Sport Fishery

Subarea.

The Council considered an allocation

for this area that ranged between 10 and

25 percent of the Washington sport

fishery subquota. In 1994, this area was

allocated 5.2 percent of the sport fishery

subquota, which equaled 1.03 percent of

the Area 2A TAC. The Council

recommends an allocation of 12.3

percent of the Washington sport

allocation, which equals 2.93 percent of

the Area 2A TAC. The southern limit of

this geographic area was changed from

Cape Falcon to Leadbetter Point to

establish a separate Columbia River

area. This area has changed from having

a continuous 153-day opening prior to

1993, to a limit of a few days of fishing,

due to a shift in fishing strategy to a

fishery targeting on halibut as a result of

fishers finding productive sport fishing

areas. In order to provide longer seasons

that start on May 1 as in years prior to

1993, the Council recommends a greater

allocation to this subarea and

established an area closure in the

northern offshore portion of this subarea

where high catches have occurred in the

last 2 years. However, to allow access to

this more productive area without

reducing season length, the Council did

adopt a provision for an opening in this

closed area after September 1, if the

fishery is still open as described in the

proposed Plan. To maintain a longer

season, the bag limit was set by the

Council at one fish, with no minimum

size limit.

Columbia River Sport Fishery Subarea.

This is a new sport fish subarea for

which the Council considered a

maximum allocation of 2.5 percent of

the Washington sport fishery subquota,

plus a maximum of 2.5 percent of the

Oregon/California sport fishery

subquota. The Council recommends an

allocation of 2.0 percent of the

Washington sport allocation plus 2.0

percent of the Oregon/California sport

allocation, which equals 0.89 percent of

the Area 2A TAC. In 1994, this area was

included with the Washington south

coast area and did not have a separate

allocation. Because of high landings of

sport catch in the Westport area, the

south coast area has been limited to

only a few days of fishing in the last 2

years. Sport fishers in the Columbia

River area, who have caught halibut

incidental to sport fishing for other

bottomfish species, requested separation

from the Westport area so that longer

fixed-season incidental catch fisheries

could be maintained for the Columbia

River ports. The Council agreed with

this need in establishing this new

subarea that extends from Leadbetter

Point to Cape Falcon. As described in

the proposed Plan, this area would 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. To maintain a longer season,

the bag limit was set by the Council at

one fish with a minimum size limit of

32 in (81.3 cm). However, the Council

acknowledged that, based on the

experience at other ports such as

Westport, it is probable that the fishery

in this area could shortly evolve into a

directed halibut fishery. If so, the season

length would need to be shortened

considerably or the quota increased.

Central Oregon Coast Sport Fishery

Subarea.

The Council considered an allocation

for this area that ranged between 55 and

97.4 percent of the Oregon/California

sport fishery subquota. In 1994, this area

was allocated 97.4 percent of the

Oregon/California sport fishery

subquota, which equaled 12.35 percent

of the Area 2A TAC. The Council

recommends an allocation of 88.4

percent of the Oregon/California sport

allocation (which is 18.21 percent of the

Area 2A TAC) if the Area 2A TAC is

388,350 lb (176.2 mt) and above. At

TACs above 388,350 lb (176.2 mt) the

Council set the southern geographic

limit of this subarea at the Siuslaw

River, rather than the California border,

so that a south coast subarea can be

established. If the Area 2A TAC is below

388,350 lb (176.2 mt), the Council

determined that there would be no

south coast subarea and the allocation

for this subarea, which would extend

from Cape Falcon to the California

border, would be 95.4 percent of the

Oregon/California sport allocation. The

Council recommends three seasons for

this area: (1) Two periods of fishing

opportunity in productive deeper water

areas along the coast, principally for

charter and larger private boat anglers in

May and in August, and (2) a period of

fishing opportunity in less productive

nearshore waters (inside 30 fathoms (55

m)) in June and July, designed for

incidental catches by small boat anglers

as described in the proposed Plan. The

Council maintained the past daily bag

limits for all seasons of two halibut per

person, one with a minimum 32–in

(81.3 cm) size limit and the second with

a minimum 50–in (127.0 cm) size limit.

Southern Oregon Coast Sport Fishery

Subarea.

This is a new sport fishery subarea for

which the Council considered an

allocation that ranged between 5 and 40

percent of the Oregon/California sport
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2929

fishery subquota for the area from the

Siuslaw River to the California border.

In 1994, this area was included with the

central Oregon coast sport fishery area.

The Council recommends an allocation

to this new subarea of 7.0 percent of the

Oregon/California sport allocation

(which is 1.44 percent of the Area 2A

TAC) if the Area 2A TAC is 388,350 lb

(176.2 mt) and above. If the Area 2A

TAC is below 388,350 lb (176.2 mt), this

subarea will be included in the Oregon

central sport fishery subarea. The

Council agreed to create a south coast

subarea to accommodate the needs of

both charterboat and private boat

anglers in this area to have additional

fishing opportunity. In the past, the

weather and bar conditions in the

southern area often did not allow for

access to fishing grounds on days when

sport vessels out of Newport were

fishing. Because the area quota applied

to Newport and this southern area, the

fishing opportunity in the southern area

has been cut short due to quota

achievement caused by vessels

operating out of Newport. The Council

acknowledged that at lower quotas for

the Oregon/California sport fishery (less

than 80,000 pounds (36.3 mt)), the

quota would not be sufficient to split

these two areas and still maintain viable

sport fisheries. The Council

recommends the same season and bag

limits for this area as the central Oregon

coast area.

California Sport Fishery Subarea.

The Council considered a maximum

allocation of 3.0 percent of the Oregon/

California sport fishery subquota for this

area. In 1994, this area was allocated 2.6

percent of the sport fishery subquota,

which equaled 0.33 percent of the Area

2A TAC. The Council recommended an

allocation of 2.6 percent of the Oregon/

California subquota, which is 0.54

percent of the Area 2A TAC. A separate

subquota with a fixed-season fishery has

occurred in this area since 1990 to allow

for small numbers of halibut to be

caught in this area of low halibut

abundance incidental to other sport

fishing activities throughout the

summer. The Council agreed with

maintaining this subarea sport fishery

and recommends a continuous, fixed

season fishery that would be open from

May 1 through September 30 with a

daily bag limit of one halibut per person

with a minimum 32–in (81.3 cm) size

limit. Due to inability to monitor the

catch in this area inseason, the Council

adopted a fixed-season management

approach, rather than a quota. The

season will be established preseason

based on projected catch per day and

number of days to achievement of the

subquota. No inseason adjustments will

be made; estimates of actual catch will

be made post season.

The Council made no changes to the

treaty Indian fisheries, which are

allocated 35 percent of the Area 2A

TAC. The Council adopted the treaty

Indian tribes’ request to maintain the

1994 structuring of the tribal

commercial and ceremonial and

subsistence (C&S) fisheries. These two

fisheries are to be managed separately:

the commercial fishery will be managed

with a quota, and the C&S fishery will

be open year round. The tribes will

provide an estimate of the C&S harvest;

the remainder of the allocation will be

for the commercial fishery.

NMFS is publishing the proposed

Plan together with the rationale

provided by the Council for modifying

the allocations and management

measures for the halibut fisheries in

Area 2A, and is requesting public

comments on approval of the Council’s

recommended Plan for 1995 and

beyond. Public comments are requested

on the proposed Plan described in

§ 301.23 and the proposed regulations

for implementing the Plan. Comments

on the proposed Plan in § 301.23 are

requested by January 19, 1995, so that

a final Plan can be approved and

notification provided to the IPHC prior

its annual meeting on January 23–26,

1995, when the final quotas will be

adopted. The comment period on the

remainder of the proposed regulations

will extend past the IPHC annual

meeting and close on February 20, 1995,

so that the public will have the

opportunity to consider the final Area

2A TAC before submitting comments.

The IPHC, consistent with its

responsibilities under the international

convention, will implement the

subquotas stipulated in the Plan based

on its final determination of the Area 2A

TAC to be made at its annual meeting.

The actual amounts of halibut allocated

to each group in 1995 will change if the

IPHC establishes a TAC that is different

from the assumed TAC of 500,000 lb

(226.8 mt); however, the percentages

specified in the Plan will not change.

The proposed regulations also are based

on an assumed TAC of 500,000 lb (226.8

mt) and will be modified dependent on

the final TAC in accordance with the

Plan.

The proposed rule includes all of the

regulatory modifications to 50 CFR part

301 that are necessary to implement the

proposed Plan at § 301.23. Some of

these regulations will be implemented

by the IPHC. However, to assist the

public in commenting on the proposed

Plan and implementing regulations, all

of the regulatory changes necessary to

implement the Plan are published here

as a proposed rule. After the Area 2A

TAC is known, and after NMFS reviews

public comments, NMFS and the IPHC

will implement final rules for the

halibut fishery. The final rule will

stipulate which regulations are issued in

international regulations and which in

domestic regulations. The final ratio of

halibut to chinook to be allowed as

incidental catch in the salmon troll

fishery will be published with the

annual salmon management measures.

Classification

The EA/RIR prepared by the Council

for this proposed Plan indicates that, if

approved, though the actions taken

under this Plan would reduce the

allocation and area available to

commercial fisheries, it would not

significantly affect a substantial number

of commercial fishers because the

commercial halibut fisheries in Area 2A

are a small part of the average annual

harvest for commercial fishers. As such,

the Assistant General Counsel for

Legislation and Regulation certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities and

does not require a regulatory flexibility

analysis under the Regulatory

Flexibility Act. Copies of the 1995 EA/

RIR are available (see ADDRESSES).

This action has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 301

Fisheries, Treaties.

Dated: January 6, 1995.

Charles Karnella,

Acting Program Management Officer,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 301 is proposed

to be amended as follows:

PART 301—PACIFIC HALIBUT

FISHERIES

1. The authority citation for part 301

continues to read as follows:

Authority: 5 UST 5; TIAS 2900; 16 U.S.C.

773–773k.

2. In § 301.3, new paragraphs (l), (m),

and (n) are added to read as follows:

§ 301.3 Licensing vessels.

* * * * *

(l) A license issued for a vessel

operating in Area 2A shall be valid only

for operating either as a charter vessel

or a commercial vessel, but not both.

(m) A license issued for a vessel

operating in the commercial fishery in
2930 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

Area 2A shall be valid only for either

the directed commercial fishery in Area

2A during the season set out in

§ 301.7(a) or the incidental catch fishery

during the salmon troll fishery

described in § 301.7(j), but not both.

(n) A vessel operating in a commercial

fishery in Area 2A must obtain its

license prior to May 1.

3. In § 301.7, paragraph (b) is revised

and a new paragraph (j) is added to read

as follows:

§ 301.7 Fishing periods.

* * * * *

(b) Each fishing period for directed

halibut fishing in Area 2A shall begin at

0800 hours and terminate at 1800 hours

Pacific Standard or Pacific Daylight

Time, as applicable, on the dates set out

in the table in paragraph (a) of this

section, unless the Commission

specifies otherwise.

* * * * *

(j) Notwithstanding paragraphs (a)

and (b) of this section, an incidental

catch fishery is authorized during

salmon troll seasons implemented by

NMFS. Vessels participating in the

salmon troll fishery in Area 2A may

retain halibut caught incidentally

during authorized periods, in

conformance with the NMFS regulations

announced in the Federal Register with

the annual salmon management

measures. NMFS will specify the ratio

of halibut to salmon that may be

retained during this fishery.

4. In § 301.10, a new paragraph (j) is

added to read as follows:

§ 301.10 Catch limits.

* * * * *

(j) Notwithstanding paragraph (i) of

this section, the catch limit in Area 2A

shall be divided between a directed

halibut fishery to operate during the

fishing periods set out in § 301.7(a) and

an incidental halibut catch fishery

during the salmon troll fishery in Area

2A described in § 301.7(j). Inseason

actions to transfer catch between these

fisheries may occur in conformance

with § 301.23 of this part.

(1) The catch limit in the directed

halibut fishery is 87,550 lb (39.71 mt).

(2) The catch limit in the incidental

catch fishery during the salmon troll

fishery is 15,450 lb (7.01 mt).

5. In § 301.11, a new paragraph (n) is

added to read as follows:

§ 301.11 Fishing period limits.

* * * * *

(n) The fishing period limits in Area

2A apply only to the directed halibut

fishery.

6. Section 301.20 is revised and

implemented as a domestic regulation to

read as follows:

§ 301.20 Fishing by U.S. treaty Indian

tribes.

(a) Halibut fishing by members of

treaty Indian tribes located in the State

of Washington shall be governed by this

section.

(b) For purposes of this part, treaty

Indian tribes means the Hoh, Jamestown

Klallam, Lower Elwha Klallam, Lummi,

Makah, Port Gamble Klallam, Quileute,

Quinault, Skokomish, Suquamish,

Swinomish, and Tulalip tribes.

(c) Subarea 2A–1 includes all U.S.

waters off the coast of Washington that

are north of lat. 46°53′18′′ N. and east

of long. 125°44′00′′ W., and all inland

marine waters of Washington.

(d) Commercial fishing for halibut by

treaty Indians is permitted only in

subarea 2A-1 from March 1 through

October 31, or until 159,000 lb (72.12

mt) is taken by treaty Indians,

whichever occurs first.

(e) Commercial fishing periods and

management measures to implement

paragraph (d) of this section will be set

by treaty Indian tribal regulations.

(f) Commercial fishing for halibut by

treaty Indians shall comply with the

provisions of §§ 301.12, 301.15, and

301.17, except that the 72–hour fishing

restriction preceding the opening of a

halibut fishing period shall not apply to

treaty Indian fishing.

(g) Ceremonial and subsistence

fishing for halibut in subarea 2A–1 is

permitted with hook-and-line gear from

January 1 to December 31, and is

estimated to take 16,000 lb (7.3 mt).

(h) No size or bag limits shall apply

to the ceremonial and subsistence

fishery, except that when commercial

halibut fishing is prohibited pursuant to

paragraph (d) of this section, treaty

Indians may take and retain not more

than two halibut per person per day.

(i) Halibut taken for ceremonial and

subsistence purposes shall not be

offered for sale or sold.

(j) Any member of a U.S. treaty Indian

tribe, as defined in paragraph (b) of this

section, who is engaged in commercial

or ceremonial and subsistence fishing

under this part must have on his or her

person a valid treaty Indian

identification card issued pursuant to 25

CFR part 249, subpart A, and must

comply with the treaty Indian vessel

and gear identification requirements of

Final Decision No. 1 and subsequent

orders in United States v. Washington,

384 F. Supp. 312 (W.D. Wash. 1974).

(k) The following table sets forth the

fishing areas of each of the 12 treaty

Indian tribes fishing pursuant to this

section. Within subarea 2A-1,

boundaries of a tribe’s fishing area may

be revised as ordered by a Federal court.

TRIBE* * *Boundaries

HOH* * *Between 47°54′18′′ N. lat.

(Quillayute River) and 47°21′00′′ N. lat.

(Quinault River), and east of 125°44′00′′

W. long.

JAMESTOWN KLALLAM* * *Those

locations in the Strait of Juan de Fuca

and Puget Sound as determined in or in

accordance with Final Decision No. 1

and subsequent orders in United States

v. Washington, 384 F. Supp. 312 (W.D.

Wash. 1974), and particularly at 626 F.

Supp. 1486, to be places at which the

Jamestown Klallam Tribe may fish

under rights secured by treaties with the

United States.

LOWER ELWHA

KLALLAM* * *Those locations in the

Strait of Juan de Fuca and Puget Sound

as determined in or in accordance with

Final Decision No. 1 and subsequent

orders in United States v. Washington,

384 F. Supp. 312 (W.D. Wash. 1974),

and particularly at 459 F. Supp. 1049

and 1066 and 626 F. Supp. 1443, to be

places at which the Lower Elwha

Klallam Tribe may fish under rights

secured by treaties with the United

States.

LUMMI* * *Those locations in the

Strait of Juan de Fuca and Puget Sound

as determined in or in accordance with

Final Decision No. 1 and subsequent

orders in United States v. Washington,

384 F. Supp. 312 (W.D. Wash. 1974),

and particularly at 384 F. Supp. 360, as

modified in Subproceeding No. 89–08

(W.D. Wash. February 13, 1990)

(decision and order re: cross-motions for

summary judgement), to be places at

which the Lummi Tribe may fish under

rights secured by treaties with the

United States.

MAKAH* * *North of 48°02′15′′ N. lat.

(Norwegian Memorial), west of

123°42′30′′ W. long., and east of

125°44′00′′ W. long.

PORT GAMBLE KLALLAM* * *Those

locations in the Strait of Juan de Fuca

and Puget Sound as determined in or in

accordance with Final Decision No. 1

and subsequent orders in United States

v. Washington, 384 F. Supp. 312 (W.D.

Wash. 1974), and particularly at 626 F.

Supp. 1442, to be places at which the

Port Gamble Klallam Tribe may fish

under rights secured by treaties with the

United States.

QUILEUTE* * *Between 48°07′36′′ N.

lat. (Sand Point) and 47°31′42′′ N. lat.

(Queets River), and east of 125°44′00′′

W. long.

QUINAULT* * *Between 47°40′06′′ N.

lat. (Destruction Island) and 46°53′18′′

N. lat. (Point Chehalis), and east of

125°44′00′′ W. long.

SKOKOMISH* * *Those locations in

the Strait of Juan de Fuca and Puget

Sound as determined in or in

accordance with Final Decision No. 1
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2931

and subsequent orders in United States

v. Washington, 384 F. Supp. 312 (W.D.

Wash. 1974), and particularly at 384 F.

Supp. 377, to be places at which the

Skokomish Tribe may fish under rights

secured by treaties with the United

States.

SUQUAMISH* * *Those locations in

the Strait of Juan de Fuca and Puget

Sound as determined in or in

accordance with Final Decision No. 1

and subsequent orders in United States

v. Washington, 384 F. Supp. 312 (W.D.

Wash. 1974), and particularly at 459 F.

Supp. 1049, to be places at which the

Suquamish Tribe may fish under rights

secured by treaties with the United

States.

SWINOMISH* * *Those locations in

the Strait of Juan de Fuca and Puget

Sound as determined in or in

accordance with Final Decision No. 1

and subsequent orders in United States

v. Washington, 384 F. Supp. 312 (W.D.

Wash. 1974), and particularly at 459 F.

Supp. 1049, to be places at which the

Swinomish Tribe may fish under rights

secured by treaties with the United

States.

TULALIP* * *Those locations in the

Strait of Juan de Fuca and Puget Sound

as determined in or in accordance with

Final Decision No. 1 and subsequent

orders in United States v. Washington,

384 F. Supp. 312 (W.D. Wash. 1974),

and particularly at 626 F. Supp. 1531-

1532, to be places at which the Tulalip

Tribe may fish under rights secured by

treaties with the United States.

7. In § 301.21, paragraph (d)(2) is

revised and paragraphs (n), (o), (p), and

(q) are added to read as follows:

§ 301.21 Sport fishing for halibut.

* * * * *

(d) * * *

(2) The sport fishing subareas,

subquotas, fishing dates, and daily bag

limits implemented by NMFS are as

follows, except as modified under the

inseason actions in paragraph (d)(3) of

this section. All sport fishing in 2A

(except for fish caught in the North

Washington coast area and landed into

Neah Bay) is managed on a ‘‘port of

landing’’ basis, whereby any halibut

landed into a port counts toward the

quota for the area in which that port is

located, and the regulations governing

the area of landing apply, regardless of

the specific area of catch.

(i) In Puget Sound and the U.S. waters

in the Strait of Juan de Fuca, east of a

line from the lighthouse on Bonilla

Point on Vancouver Island, British

Columbia (48°35′44′′ N. lat., 124°43′00′′

W. long.) to the buoy adjacent to Duntze

Rock (48°24′55′′ N. lat., 124°44′50′′ W.

long.) to Tatoosh Island lighthouse

(48°23′30′′ N. lat., 124°44′00′′ W. long.)

to Cape Flattery (48°22′55′′ N. lat.,

124°43′42′′ W. long.), there is no

subquota. This area is managed by

setting a season that is projected to

result in a catch of 33,320 lb (15.11 mt).

(A) The fishing season is May 18

through July 22, 5 days a week (closed

Tuesdays and Wednesdays).

(B) The daily bag limit is one halibut

of any size per day per person.

(ii) In the area off the north

Washington coast, west of the line

described in paragraph (d)(2)(i) of this

section and north of the Queets River

(47°31′42′′ N. lat.), the subquota for

landings into ports in this area is 68,663

lb (31.15 mt). Landings into Neah Bay

of halibut caught in this area will count

against this subquota and are governed

by the regulations in this paragraph

(d)(2)(ii).

(A) This area has two seasons.

(1) The first fishing season

commences on May 2 and continues 5

days a week (Tuesday through Saturday)

until May 27 or until 68,663 lb (31.15

mt) are estimated to have been taken

and the season is closed by the

Commission, whichever occurs first.

(2) If sufficient quota remains for this

area, the second season commences on

July 1 and continues until September

30, or the quota of 68,663 lb (31.15 mt)

for this area is estimated to have been

taken and the season is closed by the

Commission, whichever occurs first.

(B) The daily bag limit is one halibut

of any size per day per person.

(C) A portion of this area about 19.5

nm (36.1 km) southwest of Cape Flattery

is closed to sport fishing for halibut. The

closed area is within a rectangle defined

by these four corners: 48°17′00′′ N. lat.,

125°10′00′′ W. long.; 48°17′00′′ N. lat.,

125°00′00′′ W. long.; 48°05′00′′ N. lat.,

125°10′00′′ W. long.; and, 48°05′00′′ N.

lat., 125°00′00′′ W. long.

(iii) In the area between the Queets

River, WA and Leadbetter Point, WA

(46°38′10′′ N. lat.), the subquota for

landings into ports in this area is 14,637

lb (6.64 mt).

(A) The fishing season commences on

May 1 and continues every day through

September 30 or until 14,637 lb (6.64

mt) are estimated to have been taken

and the season is closed by the

Commission, whichever occurs first.

(B) The daily bag limit is one halibut

of any size per day per person.

(C) The northern offshore portion of

this area is closed to sport fishing for

halibut. The closed area is west of

124°40′00′′ W. long. and north of

47°10′00′′ N. lat. If, on September 1,

sufficient quota remains for at least 1

day of fishing, the Commission will, by

inseason action as specified at § 301.4 of

this part, remove the geographical

restriction on each Tuesday until the

fishery is closed.

(iv) In the area between Leadbetter

Point, WA and Cape Falcon, OR

(45°46′00′′ N. lat.), the subquota for

landings into ports in this area is 4,440

lb (2.01 mt).

(A) The fishing season commences on

May 1 and continues every day through

September 30 or until 4,440 lb (2.01 mt)

are estimated to have been taken and the

season is closed by the Commission,

whichever occurs first.

(B) The daily bag limit is one halibut

with a minimum overall size limit of 32

in (81.3 cm).

(v) In the area off Oregon between

Cape Falcon and the Siuslaw River

(44°01′08′′ N. lat.), the subquota for

landings into ports in this area is 91,052

lb (41.3 mt).

(A) The fishing seasons are:

(1) Commencing May 4 and

continuing 3 days a week (Thursday

through Saturday) until 65,102 lb (29.53

mt) are estimated to have been taken

and the season is closed by the

Commission;

(2) Commencing the day following the

closure of the season in paragraph

(d)(2)(v)(A)(1) of this section, and

continuing every day through August 2,

in the area inside the 30–fathom (55 m)

curve nearest to the coastline as plotted

on National Ocean Service charts

numbered 18520, 18580, and 18600, or

until 3,187 lb (1.45 mt) or the area

subquota is estimated to have been

taken (except that any poundage

remaining unharvested after the earlier

season will be added to this season) and

the season is closed by the Commission,

whichever is earlier; and

(3) Commencing August 3 and

continuing 3 days a week (Thursday

through Saturday) through September

30, or until the combined subquotas for

the areas described in paragraphs

(d)(2)(v) and (vi) of this section totaling

98,262 lb (44.57 mt) are estimated to

have been taken and the area is closed

by the Commission, whichever is

earlier.

(B) The daily bag limit is two halibut,

one with a minimum overall size limit

of 32 in (81.3 cm) and the second with

a minimum overall size limit of 50 in

(127.0 cm).

(vi) In the area off Oregon between the

Siuslaw River and the California border

(42°00′00′′ N. lat.), the subquota for

landings into ports in this area is 7,210

lb (3.27 mt).

(A) The fishing seasons are:

(1) Commencing May 4 and

continuing 3 days a week (Thursday

through Saturday) until 5,768 lb (2.62

mt) are estimated to have been taken
2932 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

and the season is closed by the

Commission;

(2) Commencing the day following the

closure of the season in paragraph

(d)(2)(vi)(A)(1) of this section, and

continuing every day through August 2,

in the area inside the 30–fathom (55 m)

curve nearest to the coastline as plotted

on National Ocean Service charts

numbered 18520, 18580, and 18600, or

until a total of 1,442 lb (0.65 mt) or the

area subquota is estimated to have been

taken (except that any poundage

remaining unharvested after the earlier

season will be added to this season) and

the area is closed by the Commission,

whichever is earlier.

(3) Commencing August 3 and

continuing 3 days a week (Thursday

through Saturday) through September

30, or until the combined subquotas for

the areas described in paragraphs

(d)(2)(v) and (vi) of this section totaling

98,262 lb (44.57 mt) are estimated to

have been taken and the area is closed

by the Commission, whichever is

earlier.

(B) The daily bag limit is two halibut,

one with a minimum overall size limit

of 32 in (81.3 cm) and the second with

a minimum overall size limit of 50 in

(127.0 cm).

(vii) In the area off the California

coast, there is no subquota. This area is

managed on a season that is projected to

result in a catch of less than 2,678 lb

(1.21 mt).

(A) The fishing season will commence

on May 1 and continue every day

through September 30.

(B) The daily bag limit is one halibut

with a minimum overall size limit of 32

in (81.3 cm).

* * * * *

(n) The possession limit for halibut on

land in Area 2A north of Cape Falcon,

OR is two daily bag limits.

(o) The possession limit for halibut on

land in Area 2A south of Cape Falcon,

OR is one daily bag limit.

(p) A vessel licensed to fish for

halibut in the Area 2A sport fishery

shall not be used to fish for halibut in

the Area 2A commercial fishery in the

same calendar year.

(q) A vessel licensed to fish for

halibut in the Area 2A commercial

fishery shall not be used to fish for

halibut in the Area 2A sport fishery

during the same calendar year.

8. Sections 301.22 and 301.23 are

redesignated 301.24 and 301.25

respectively, and new §§ 301.22 and

301.23 are added to read as follows:

§ 301.22 Fishery election in Area 2A.

(a) A vessel that fishes in Area 2A

may participate in only one of the

following three fisheries in Area 2A:

(1) The recreational fishery under

§ 301.21;

(2) The commercial directed fishery

for halibut during the fishing period(s)

established in § 301.7(b); or

(3) The incidental catch fishery

during the salmon troll fishery as

authorized in § 301.7(j).

(b) No person shall fish for halibut in

the recreational fishery in Area 2A

under § 301.21 from a vessel that has

been used during the same calendar

year for commercial fishing in Area 2A

or that has been issued a permit for the

same calendar year for the commercial

fishery in Area 2A.

(c) No person shall fish for halibut in

the directed halibut fishery in Area 2A

during the fishing periods established in

§ 301.7(b) 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

§ 301.7(j).

(d) No person shall fish for halibut in

the directed commercial halibut fishery

in Area 2A from a vessel that, during the

same calendar year, has been used in

the recreational halibut fishery in Area

2A or that is licensed for the

recreational halibut fishery in Area 2A.

(e) No person shall retain halibut in

the salmon troll fishery in Area 2A as

authorized under § 301.7(j) taken on a

vessel that, during the same calendar

year, has been used in the recreational

halibut fishery in Area 2A or that is

licensed for the recreational halibut

fishery in Area 2A.

(f) No person shall retain halibut in

the salmon troll fishery in Area 2A as

authorized under § 301.7(j) taken on a

vessel that, during the same calendar

year, has been used in the directed

commercial fishery during the fishing

periods established in § 301.7(b) for

Area 2A or that is licensed to participate

in the directed commercial fishery

during the fishing periods established in

§ 301.7(b) in Area 2A.

§ 301.23 Catch sharing plan for Area 2A

(a) This Plan constitutes a framework

that shall be applied to the annual Area

2A total allowable catch (TAC)

approved by the Commission each

January. The framework shall be

implemented in both Commission

regulations and domestic regulations

(implemented by NMFS) as published

in the Federal Register as rulemaking in

§§ 301.1 through 301.22 of this part.

(b) This Plan allocates 35 percent of

the Area 2A TAC to Washington treaty

Indian tribes in subarea 2A–1, and 65

percent to non-Indian fisheries in Area

2A. The allocation to non-Indian

fisheries is divided into three shares,

with the Washington sport fishery

(north of the Columbia River) receiving

36.6 percent, the Oregon/California

sport fishery receiving 31.7 percent, and

the commercial fishery receiving 31.7

percent. The sport fishery in the

Columbia River area (Leadbetter Point to

Cape Falcon) will receive 2 percent of

the Washington sport allocation plus

2 percent of the Oregon/California

sport allocation. The California sport

fishery is allocated 2.6 percent of the

Oregon/California sport allocation.

These allocations may be changed if

new information becomes available that

indicates a change is necessary and/or

the Pacific Fishery Management Council

takes action to reconsider its allocation

recommendations. Such changes will be

made after appropriate rulemaking is

completed and published in the Federal

Register.

(c) The allocations in this Plan are

distributed as subquotas to ensure that

any overage or underage by any one

group will not affect achievement of an

allocation set aside for another group.

The specific allocative measures in the

treaty Indian, non-Indian commercial,

and non-Indian sport fisheries in Area

2A are described in paragraphs (d)

through (f) of this section.

(d) Thirty-five 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′18′′ N. lat.) and

east of 125°44′00′′ W. long. The treaty

Indian allocation is to provide for a

tribal commercial fishery and a

ceremonial and subsistence fishery.

These two fisheries are managed

separately; any overages in the

commercial fishery do not affect the

ceremonial and subsistence fishery. The

commercial fishery is managed to

achieve an established subquota, while

the ceremonial and subsistence fishery

is managed for a year-round season. The

tribes will estimate the ceremonial and

subsistence harvest expectations in

January of each year, and the remainder

of the allocation will be for the tribal

commercial fishery.

(1) The tribal ceremonial and

subsistence fishery begins on January 1

and continues through December 31. No

size or bag limits will apply to the

ceremonial and subsistence fishery,

except that when the tribal commercial

fishery is closed, treaty Indians may

take and retain not more than two

halibut per day per person. Halibut

taken for ceremonial and subsistence

purposes may not be offered for sale or

sold.

(2) The tribal commercial fishery

begins on March 1 and continues

through October 31 or until the tribal

commercial subquota is taken,
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2933

whichever is earlier. Any halibut sold

by treaty Indians during the commercial

fishing season must comply with

Commission regulations on size limits

for the non-Indian fishery.

(e) The non-Indian commercial

fishery is allocated 20.6 percent of the

Area 2A TAC. The commercial fishery

is divided into two components: A

directed fishery targeting on halibut,

and an incidental catch fishery during

the salmon troll fisheries off

Washington, Oregon, and California.

(1) Incidental halibut catch in the

salmon troll fishery. Fifteen percent of

the non-Indian commercial fishery

allocation is allocated to the salmon

troll fishery in Area 2A as an incidental

catch during the May through June

salmon fisheries. The subquota for this

incidental catch fishery is 3.1 percent of

the Area 2A TAC. One halibut (in

compliance with the Commission

minimum size limit of 32 in (81.3 cm))

may be landed for each 25 chinook

landed by a salmon troller. A salmon

troller must have 25 chinook onboard

before retaining a halibut. NMFS may

adjust this ratio preseason, after the

halibut and chinook quotas are

established. NMFS will publish

adjustments to the ratio annually in the

Federal Register, along with the salmon

management measures. A salmon troller

may participate in this fishery or in the

directed commercial fishery targeting on

halibut, but not in both. Any poundage

remaining in the subquota for this

fishery after the May through June

salmon troll season will be made

available inseason to the directed

halibut fishery. If the Commission

determines that poundage remaining in

the subquota for the directed fishery is

insufficient to allow an additional day

of directed halibut fishing, the

remaining directed harvest subquota

will be made available inseason for the

fall salmon troll fisheries.

(2) Directed fishery targeting on

halibut. Eighty-five percent of the nonIndian commercial fishery allocation is

allocated to the directed fishery

targeting on halibut (e.g., longline

fishery) in southern Washington,

Oregon, and California. The subquota

for this directed catch fishery is 17.5

percent of the Area 2A TAC. This

fishery is confined to the area south of

Subarea 2A–1 (south of Point Chehalis,

WA; 46°53′18′′ N. lat.). The commercial

fishery opening date(s), duration, and

vessel trip limits for this fishery, as

necessary to ensure that the subquota

for this fishery is not exceeded, will be

determined by the Commission and

implemented in Commission

regulations. If the Commission

determines that poundage remaining in

the subquota for this fishery is

insufficient to allow an additional day

of directed halibut fishing, the

remaining subquota will be made

available for incidental catch of halibut

in the fall salmon troll fisheries.

(3) Commercial license restrictions/

declarations. Commercial fishers must

obtain a license to fish for halibut in

Area 2A by May 1 of each year.

Commercial fishers must choose either

to operate in the directed commercial

fishery in Area 2A, or to retain halibut

caught incidentally during the salmon

troll fishery. Fishing vessels that are

issued Commission licenses to fish

commercially in Area 2A are prohibited

from obtaining a Commission

charterboat license for Area 2A. Sport

fishing for halibut is prohibited from a

vessel licensed to fish commercially for

halibut in Area 2A.

(f) Sport fisheries. The non-Indian

sport fisheries are allocated 68.3 percent

of the non-Indian share, which is 44.4

percent of the Area 2A TAC. The

Washington sport fishery (north of the

Columbia River) is allocated 53.6

percent of the non-Indian sport

allocation and Oregon/California is

allocated 46.4 percent. The allocations

are further subdivided as subquotas

among seven geographic subareas as

described in paragraph (f)(1) of this

section.

(1) Subarea management. The sport

fishery is divided into seven sport

fishery subareas, each having separate

allocations and management measures

as follows:

(i) Washington inside waters subarea.

This sport fishery subarea is allocated

28.0 percent of the Washington sport

allocation, which equals 6.66 percent of

the Area 2A TAC. This subarea is

defined as all U.S. waters east of the

Bonilla-Tatoosh line, defined as follows:

From Bonilla Point (48°35′44′′ N. lat.,

124°43′00′′ W. long.) to the buoy

adjacent to Duntze Rock (48°24′55′′ N.

lat., 124°44′50′′ W. long.) to Tatoosh

Island lighthouse (48°23′30′′ N. lat.,

124°44′00′′ W. long.) to Cape Flattery

(48°22′55′′ N. lat., 124°43′42′′ W. long.),

including Puget Sound. The structuring

objective for this subarea is to provide

a stable sport fishing opportunity and

maximize the season length. Due to

inability to monitor the catch in this

area inseason, a fixed season will be

established preseason based on

projected catch per day and number of

days to achievement of the subquota. No

inseason adjustments will be made, and

estimates of actual catch will be made

post season. The fishery opens on either

May 18 or 25 and continues at least

through

July 4 until a date established

preseason when the subquota is

predicted to be taken, or until

September 30, whichever is earlier. If

May 18 and 25 falls on a Tuesday or

Wednesday, the fishery will open on the

following Thursday. The season opens

5 days per week (closed on Tuesdays

and Wednesdays). The daily bag limit is

one fish per person, with no size limit.

(ii) Washington north coast subarea.

This sport fishery subarea is allocated

57.7 percent of the Washington sport

allocation, which equals 13.73 percent

of the Area 2A TAC. This subarea is

defined as all U.S. waters west of the

Bonilla-Tatoosh line, as defined in

paragraph (f)(1)(i) of this section, and

north of the Queets River (lat. 47°31′42′′

N.). The structuring objective for this

subarea is to maximize the season

length for viable fishing opportunity

and, if possible, stagger the seasons to

spread out this opportunity to anglers

who utilize these remote grounds. The

fishery opens on May 1 and continues

5 days per week (closed on Sundays and

Mondays). If May 1 falls on a Sunday or

Monday, the fishery will open on the

following Tuesday. The highest priority

is for the season to last through the

month of May. If sufficient quota

remains, the second priority is to

establish a fishery that will be open July

1 through at least July 4. If the preseason

prediction indicates that these two goals

can be met without utilizing the quota

for this subarea, the next priority is to

open the May fishery 7 days per week

and extend it into June as long as

possible. No sport fishing for halibut is

allowed after September 30. The daily

bag limit in all fisheries is one halibut

per person with no size limit. A closure

to sport fishing for halibut will be

established in an area that is

approximately 19.5 nm (36.1 km)

southwest of Cape Flattery. The size of

this closed area may be modified

preseason by NMFS to maximize the

season length. The closed area is

defined as the area within a rectangle

defined by these four corners: 48°17′00′′

N. lat., 125°10′00′′ W. long.; 48°17′00′′

N. lat., 125°00′00′′ W. long.; 48°05′00′′

N. lat., 125°10′00′′ W. long.; and,

48°05′00′′ N. lat., 125°00′00′′ W. long.

(iii) Washington south coast subarea.

This sport fishery subarea is allocated

12.3 percent of the Washington sport

allocation, which equals 2.93 percent of

the Area 2A TAC. This subarea is

defined as waters south of the Queets

River (47°31′42′′ N. lat.) and north of

Leadbetter Point (46°38′10′′ N. lat.). The

structuring objective for this subarea is

to maximize the season length, while

providing for a limited halibut fishery.

The fishery opens on May 1 for 7 days
2934 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

per week until the subquota is estimated

to have been taken, or September 30,

whichever is earlier. The daily bag limit

is one halibut per person, with no size

limit. Sport fishing for halibut is

prohibited in the area south of the

Queets River (47°31′42′′ N. lat.), west of

124°40′00′′ W. long. and north of

47°10′00′′ N. lat. This closure may be

removed through inseason action by

NMFS under § 301.21(b)(3) of this part

after September 1, for 1 day each week

on Tuesday only, if NMFS determines

that sufficient subarea quota remains to

allow for 1 day of fishing without

geographic restriction.

(iv) Columbia river subarea. This

sport fishery subarea is allocated 2.0

percent of the Washington sport

allocation plus 2.0 percent of the

Oregon/California sport allocation,

which combined equals 0.89 percent of

the Area 2A TAC. This subarea is

defined as waters south of Leadbetter

Point, WA (46°38′10′′ N. lat.) and north

of Cape Falcon, OR (45°46′00′′ N. lat.).

The structuring objective for this

subarea is to provide for a non-directed

halibut sport fishery of not more than 5

months duration out of the Columbia

River ports. 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. The daily bag limit is one

halibut per person, with a 32–in (81.3

cm) minimum size.

(v) Oregon central coast subarea

(Applicable through December 31,

1995). If the Area 2A TAC is 388,350 lb

(176.2 mt) and above, this subarea

extends from Cape Falcon to the

Siuslaw River at the Florence north jetty

(44°01′08′′ N. lat.) and is allocated 88.4

percent of the Oregon/California sport

allocation which is 18.21 percent of the

Area 2A TAC. If the Area 2A TAC is

below 388,350 lb (176.2 mt), this sport

fishery subarea extends from Cape

Falcon to the California border and is

allocated 95.4 percent of the Oregon/

California sport allocation. The

structuring objectives for this subarea

are to provide one or two periods of

fishing opportunity in productive

deeper water areas along the coast,

principally for charter and larger private

boat anglers; and provide a period of

fishing opportunity in nearshore waters

in June and July, especially for small

boat anglers. Any poundage remaining

in this subarea quota from earlier

seasons will be added to the last season

in this subarea. This subarea has three

seasons as set out in paragraphs

(f)(2)(v)(A) through (C) of this section.

The daily bag limit for all seasons is two

halibut per person, one with a minimum

32–in (81.3 cm) size limit and the

second with a minimum 50–in (127.0

cm) size limit.

(A) The first season is an all-depth

fishery that begins on May 4, and

continues 3 days per week (Thursday

through Saturday) until 71.5 percent of

the subarea quota is taken.

(B) The second season opens the day

following closure of the first season,

only in waters inside the 30–fathom (55

m) curve, and continues every day until

3.5 percent of the subarea quota is

taken, or August 2, whichever is earlier.

(C) The last season begins on August

3, with no depth restrictions, and

continues 3 days per week (Thursday

through Saturday), until the combined

Oregon subarea quotas south of Falcon

are estimated to have been taken, or

September 30, whichever is earlier.

(vi) Oregon south coast subarea

(Applicable through December 31,

1995). If the Area 2A TAC is 388,350 lb

(176.2 mt) and above, this subarea

extends from the Siuslaw River at the

Florence north jetty (44°01′08′′ N. lat.)

to the California border (42°00′00′′ N.

lat.) and is allocated 7.0 percent of the

Oregon/California sport allocation

which is 1.44 percent of the Area 2A

TAC. If the Area 2A TAC is below

388,350 lb (176.2 mt), this subarea will

be included in the Oregon Central sport

fishery subarea. The structuring

objective for this subarea is to create a

south coast management zone designed

to accommodate the needs of both

charterboat and private boat anglers in

this area where weather and bar

conditions very often do not allow

scheduled fishing trips. This subarea

has three seasons as set out in

paragraphs (f)(2)(vi)(A) through (C) of

this section. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32–in (81.3 cm) size

limit and the second with a minimum

50–in (127.0 cm) size limit.

(A) The first season is an all-depth

fishery that begins on May 4, and

continues 3 days per week (Thursday

through Saturday) until 80 percent of

the subarea quota is taken.

(B) The second season opens the day

following closure of the first season,

only in waters inside the 30–fathom (55

m) curve, and continues every day until

the subarea quota is estimated to have

been taken, or August 2, whichever is

earlier.

(C) The last season begins on August

3, with no depth restrictions, and

continues 3 days per week (Thursday

through Saturday), until the combined

Oregon subarea quotas south of Falcon

are estimated to have been taken, or

September 30, whichever is earlier.

(vii) California subarea. This sport

fishery subarea is allocated 2.6 percent

of the Oregon/California subquota,

which is 0.54 percent of the Area 2A

TAC. This area is defined as the area

south of the California border (42°00′00′′

N. lat.). The structuring objective for

this subarea is to provide anglers in

California the opportunity to fish in a

continuous, fixed season that is open

from May 1 through September 30. The

daily bag limit is one halibut per person,

with a minimum 32–in (81.3 cm) size

limit. Due to inability to monitor the

catch in this area inseason, a fixed

season will be established by NMFS,

preseason, based on projected catch per

day and number of days to achievement

of the subquota; no inseason

adjustments will be made, and estimates

of actual catch will be made post

season.

(2) Port of landing management. All

sport fishing in Area 2A (except for fish

caught in the Washington north coast

subarea and landed in Neah Bay) will be

managed on a ‘‘port of landing’’ basis,

whereby any halibut landed into a port

will count toward the quota for the

subarea in which that port is located,

and the regulations governing the

subarea of landing apply, regardless of

the specific area of catch. The one

exception is for halibut caught west of

the Bonilla-Tatoosh line and landed in

Neah Bay, which are counted against

the Washington north coast subarea

quota, and are governed by the

regulations governing the Washington

north coast subarea.

(3) Possession limits. The sport

possession limit on land north of Cape

Falcon, OR is two daily bag limits,

regardless of condition, but only one

daily bag limit may be possessed on the

vessel. The possession limit on land

south of Cape Falcon is the same as the

bag limit.

(4) Ban on sport vessels in the

commercial fishery. Vessels operating in

the sport fishery are be prohibited from

operating in the commercial fishery.

Charterboat operators must choose,

prior to May 1 of each year, whether

they will obtain a charterboat license

from the Commission or a commercial

license, but cannot obtain both. Sport

fishing for halibut is prohibited from a

vessel licensed to fish commercially for

halibut in Area 2A.

(g) Procedures for implementation.

Each year, NMFS will publish a

proposed rule with any regulatory

modifications necessary to implement

the Plan for the following year, with a

request for public comments. The

comment period will extend until after

the Commission’s annual meeting, so

that the public will have the

opportunity to consider the final Area

2A TAC before submitting comments.
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2935

After the Area 2A TAC is known, and

after NMFS reviews public comments,

NMFS will implement final rules

governing the sport fisheries. The final

ratio of halibut to chinook to be allowed

as incidental catch in the salmon troll

fishery will be published with the

annual salmon management measures.

Inseason actions in the sport fisheries as

stipulated in this Plan will be

accomplished in accordance with

§ 301.21(d)(4).

[FR Doc. 95–805 Filed 1–9–95; 1:32 pm]

BILLING CODE 3510–22–F

50 CFR Part 676

[Docket No. 941266–4366; I.D. 121594B]

RIN 0648–AG45

Limited Access Management of

Federal Fisheries In and Off of Alaska;

Improve IFQ Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues a proposed rule

to amend portions of the regulations

implementing the Individual Fishing

Quota (IFQ) Program for the Pacific

halibut and sablefish fixed gear fisheries

in and off of Alaska. This action is

necessary because the IFQ Program

needs further refinement prior to

implementation in 1995, and is

intended to improve the ability of

NMFS to manage the halibut and

sablefish fisheries.

DATES: Comments must be received by

February 13, 1995.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, 709 W. 9th Street, Room 453,

Juneau, AK 99801, or P.O. Box 21668,

Juneau, AK 99802, Attention: Lori J.

Gravel. Copies of the Regulatory Impact

Review/Initial Regulatory Flexibility

Analysis (RIR/IRFA) for this action may

be obtained from the above address.

FOR FURTHER INFORMATION CONTACT: John

Lepore, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The IFQ Program is a regulatory

regime designed to promote the

conservation and management of the

halibut and sablefish fisheries, and to

further the objectives of the Magnuson

Fishery Conservation and Management

Act and the Northern Pacific Halibut

Act.

Beginning in 1995, the Pacific halibut

(Hippoglossus stenolepis) and sablefish

(Anoplopoma fimbria) fixed gear

fisheries in the areas defined in 50 CFR

676.10 (b) and (c) will be managed in

accordance with the regulations

codified at 50 CFR part 676. Further

information on the implementation of

this management program, and the

rationale supporting it, is contained in

the preamble to the final rule

implementing the IFQ program

published in the Federal Register,

November 9, 1993 (58 FR 59375).

This action amends various portions

of the regulations implementing the IFQ

Program. Some of the changes are

intended to clarify regulations that may

be ambiguous. Other changes would add

provisions intended to increase the

efficacy of the IFQ program. All the

changes are designed to make the IFQ

Program more responsive to the

conservation and management goals for

the fishery resources.

Geographic Locations of Primary Ports

Geographic location descriptions

would be added to § 676.17(a)(4) for the

listed primary ports where vessel

operators can obtain vessel clearances

from clearing officers. If a vessel is

required to be boarded prior to receiving

clearance, the clearing officer will direct

the person operating that vessel to a

convenient docking facility within a

reasonable distance of the geographic

location provided in the regulations.

When the final rule implemented the

IFQ Program, a portion of the

regulations was specifically reserved for

geographic location descriptions. They

would provide vessel operators with

notification of the approximate

locations where boardings may occur, if

these are deemed necessary by a

clearing officer.

Vessel Clearance in Alaska

Paragraph (a)(5) would be added to

§ 676.17, requiring a vessel operator to

obtain vessel clearance from a clearing

officer located at a primary port in the

State of Alaska before that vessel

operator lands IFQ species in a foreign

port. This requirement would provide

necessary information to NMFS

Enforcement, so that it may thwart the

landing of unreported IFQ species in

foreign ports. This requirement is

especially necessary for the designated

Canadian ports, which are located

between the primary ports of Ketchikan,

AK, and Bellingham, WA. If vessel

operators planning to land at the

designated Canadian ports were

permitted to clear in Bellingham, they

would be able to land unreported fish in

any Canadian port prior to clearing their

vessel in Bellingham. This potential for

nonreporting of IFQ product would be

corrected by requiring vessel clearance

in an Alaskan primary port prior to

landing IFQ species in a foreign port.

Canadian Ports

Paragraph (a)(6) would be added to

§ 676.17, describing Port Hardy, Prince

Rupert, and Vancouver, British

Columbia, as the only Canadian ports

where IFQ species may be landed.

Designating these three ports would

assist NMFS Enforcement in its task of

ensuring that all IFQ species landed are

properly recorded. Two issues, the

multiplicity of ports on the coast of

Canada that will not have enforcement

presence, and the similarity between the

Canadian Individual Vessel Quota (IVQ)

Program and the U.S. IFQ Program, were

determining factors in limiting the

Canadian landing ports where IFQ

species could be landed to three. Also,

the three-port limit would be similar to

the provisions of the agreement between

the United States and Canada pertaining

to the IVQ Program, under which IVQ

product may be landed only at the

following U.S. ports: Ketchikan, AK;

Bellingham and Blaine, WA.

Definition of Clearing Officer

A definition of ‘‘clearing officer’’

would be added to § 676.11 to mean a

NMFS special agent, a NMFS fishery

enforcement officer, or a NMFS

enforcement aide who is authorized to

provide vessel clearances and perform

other duties as described in part 676. A

clearing officer should not be confused

with an authorized officer, as defined in

§ 620.2 of this title. Changes would be

made throughout part 676 consistent

with the new definition of a clearing

officer. Creating a definition, and using

it throughout the regulations, would

assist in uniform interpretation of the

regulations and consistent behavior

based on that interpretation. Also, the

proposed term would help prevent

confusion with other terms already

defined (e.g., authorized officer).

Landing Requirements

Paragraph (a)(7) would be added to

§ 676.17, requiring a vessel operator

having any IFQ species onboard to land

and weigh all species onboard at the

same time and place as the first landing

of any species onboard. For example, if

a vessel had Pacific halibut (IFQ

species), sablefish (IFQ species), and

Pacific cod (non-IFQ species) onboard,

and the operator wanted to offload the

Pacific cod to a tender, the operator also

would be required to offload and weigh

the Pacific halibut and sablefish. This

provision would ensure that all IFQ