2782 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

1 Broadcasters request in the alternative that the

Commission extend the comment deadlines by 30

days.

2 NAD also supports its request with the

argument that ‘‘many individuals were out of town

or otherwise unavailable’’ during the Christmas

holidays. We do not believe that this fact provides

any justification for an extension of the comment

period.

legislation is enacted. They argue that

‘‘the resources of both Broadcasters and

the Commission would be poorly used

in preparing and considering comments

raised in the [NOI] when a second set

of comments would almost certainly

have to be sought on similar issues if

Congress adopts the captioning

legislation.’’ Accordingly, Broadcasters

request the Commission to extend the

filing date for comments in this

proceeding until 30 days after the date

of enactment of the

Telecommunications Act of 1995, or—if

Congress fails to adopt a bill—until a

further order of the Commission.1

3. On January 17, 1996, The National

Association of the Deaf (NAD) requested

that the Commission extend the due

date for filing comments and reply

comments in this proceeding by 30

days. In support of its request, NAD

argues that the occurrence of certain

events make meeting the existing

deadlines extremely difficult, if not

impossible. First, NAD notes that

Gallaudet University announced the

closing of the National Center for Law

and Deafness (Law Center), effective

January 19, 1996. The Law Center,

which NAD states has played a key role

in coordinating and preparing

comments on Commission proceedings

affecting telecommunications and

television access, was given only seven

weeks notice of its closing date after

being in operation for twenty years.

NAD claims that because the time

allotted for shutting down the Law

Center and transferring its operations

was so short, the Law Center had little

or no time to begin to address the

matters raised in the NOI. NAD states

that it will be assuming the role

formerly filled by the Law Center in

addressing telecommunications matters

raised by the Commission. Second, NAD

notes that the severe winter snow storm

that struck the Northeast forced closure

of many private and governmental

offices for approximately the entire

week of January 8–12, 1996, impeding

NAD’s ability to gather the information

needed for a proper response to the NOI.

Finally, the partial closure of the

Federal government resulted in a

furlough of employees at several

governmental agencies, including the

Department of Education, which may

have relevant information to file in

connection with this proceeding.2

4. We decline to grant Broadcasters’

request for an indefinite extension

pending developments on the pending

telecommunications reform legislation.

While we understand that further

comments may ultimately be necessary,

we believe that submission of the

information sought by the NOI will

provide a useful foundation for further

Commission action whether or not that

legislation is enacted. The Commission

will be able to expedite the

implementation of any legislation that

becomes law and accelerate completion

of any further proceedings the

Commission may be required by the

legislation to conduct on both closed

captioning and video description.

Further, the comments submitted

should provide us with information that

would be useful in preparing any Notice

of Proposed Rule Making that might be

necessary to implement the legislation.

If the legislation is not enacted, the

record in this proceeding will enable the

Commission to ‘‘assess the possibility of

adopting regulatory requirements in this

area under its existing statutory

authority.’’ NOI at ¶ 26.

5. With regard to NAD’s request for an

extension, we are mindful that Section

1.46 of the Commission’s Rules, 47 CFR

§ 1.46, articulates a Commission policy

that extensions of time for filing

comments in rulemaking proceedings

are not to be routinely granted.

Nevertheless, we find that good cause

exists for granting a short extension of

the comment and reply comment

deadlines. We take note of the following

factors which, viewed in their totality,

we believe warrant grant of a 30-day

extension: (1) the abrupt closing of the

Law Center at Gallaudet University, and

the need for its successor organization,

NAD, to gather comprehensive

information on short notice; (2) the

unusually severe winter storms, which

have recently stalled mail deliveries,

disrupted transit, and forced many

workplaces to close for up to a week,

and have therefore complicated efforts

to prepare comments, particularly for

those parties whose comments required

coordination among multiple entities or

persons; and (3) the partial federal

government closure, which has made it

difficult for parties to gather from

agencies relevant information regarding

closed captioning and video description

services.

6. Accordingly, it is ordered, that the

request filed by the National

Association of the Deaf for an extension

of time in which to file comments and

reply comments in response to the

Notice of Inquiry in MM Docket No. 95–

176 IS GRANTED to the extent

indicated herein. It is further ordered

that the request of the National

Association of Broadcasters, et al., for

an extension contingent on the passage

of the pending telecommunications

legislation is denied.

7. It is further ordered, that the time

for filing comments in the abovecaptioned proceeding is extended to

February 28, 1996, and the time for

filing reply comments is extended to

March 15, 1996.

8. This action is taken pursuant to

authority found in Sections 4(i) and

303(r) of the Communications Act of

1934, as amended, 47 U.S.C. §§ 154(i)

and 303(r), and Sections 0.204(b), 0.283

and 1.45 of the Commission’s Rules, 47

CFR §§ 0.204(b), 0.283 and 1.45.

Federal Communications Commission.

Renee Licht,

Deputy Chief, Policy Mass Media Bureau.

[FR Doc. 96–1498 Filed 1–26–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 960111003–6003–01; I.D.

121895B]

RIN 0648–AI48

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 revisions to the Catch

Sharing Plan (Plan) for harvests of

Pacific halibut off Washington, Oregon,

and California under authority of the

Northern Pacific Halibut Act of 1982

(Halibut Act). This action is necessary to

revise the Plan to address the needs of

fisheries in varying geographical areas.

Proposed changes to the Plan would

affect sport fisheries and the incidental

catch of halibut in the salmon troll

fishery. NMFS also proposes sport

fishery regulations to implement the

Plan in 1996. The proposed rule is

intended to carry out the objectives of

the International Pacific Halibut

Commission (IPHC) and the Pacific

Fishery Management Council (Council).
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2783

DATES: Comments on this proposed rule

must be received on or before February

12, 1996.

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

Halibut Act of 1982 at 16 U.S.C. 773c

provides that the Secretary of Commerce

(Secretary) shall have general

responsibility to carry out the Halibut

Convention between the United States

and Canada, and that the Secretary shall

adopt such regulations as may be

necessary to carry out the purposes and

objectives of the Convention and the

Halibut Act. Section 773c(c) also

authorizes the regional fishery

management council having authority

for the geographic area concerned to

develop regulations governing the

Pacific halibut catch in U.S. Convention

waters that are in addition to, but not in

conflict with, regulations of the IPHC.

Accordingly, Catch Sharing Plans to

allocate the total allowable catch (TAC)

of Pacific halibut between treaty Indian

and non-Indian harvesters, and among

non-Indian commercial and sport

fisheries in IPHC statistical Area 2A (off

Washington, Oregon, and California)

have been developed since 1988 by the

Council in accordance with the Halibut

Act. For 1995 and beyond, NMFS

implemented a Council-recommended

long-term Plan (60 FR 14651, 14663–

14665, March 20, 1995) that allocates 35

percent of the Area 2A TAC to

Washington treaty Indian tribes in

Subarea 2A–1, and 65 percent to nonIndian fisheries in Area 2A. The

allocation to non-Indian fisheries is

divided into three shares, with the

Washington sport fishery (north of the

Columbia River) receiving 36.6 percent,

the Oregon/California sport fishery

receiving 31.7 percent, and the

commercial fishery receiving 31.7

percent. The commercial fishery is

further divided into two sectors; a

directed (traditional longline)

commercial fishery that is allocated 85

percent of the non-Indian commercial

harvest, and 15 percent for harvests of

halibut caught incidental to the salmon

troll fishery. The directed commercial

fishery in Area 2A is confined to

southern Washington (south of

46°53’18’’ N. lat.), Oregon and

California. The Plan also divides the

sport fisheries into seven geographic

areas each with separate allocations,

seasons, and bag limits.

Following the first year of the new

Plan, fishery participants recommended

changes to the Plan to the Council at its

July public meeting. Further, the Plan

only provided sport fishery structuring

for the area off Oregon for 1995, with

the expectation that the Council would

develop a long-term structuring in 1996

after 1-year’s experience with the Plan.

Specific proposals to change the Plan

were considered by the Council at its

August and October public meetings.

The changes proposed in this rule

reflect the recommendations of the

Council for halibut fisheries off the

coasts of Washington, Oregon, and

California for 1996 and beyond.

Proposed changes to the Plan affect

certain sport fishery subareas and

management of incidental halibut

harvest in the salmon troll fishery as

described below. The Council also made

recommendations on the specific

seasons, dates, and other management

measures in the sport fisheries

necessary to implement the Plan in

1996.

Proposed Changes to the Plan

For the sport fishery in the

Washington Inside Waters Subarea

(Puget Sound including Strait of Juan de

Fuca), the Council wanted more

flexibility and user input in the season

structuring for this fishery. Sport users

in this area have advised that they need

to know what the quota will be before

they can provide constructive input on

which days of the week the fishery

should be open. Because the final TAC

is not known until after the IPHC annual

meeting in late January, this prevents

sport users from providing such input at

the Council’s fall public meeting when

final recommendations are made on the

halibut fisheries in Area 2A. To rectify

this, the Council recommended that the

Plan be changed to allow the season

structuring for this fishery to be

developed in a public workshop

sponsored by Washington Department

of Fish and Wildlife after the allowable

catch is set by IPHC at the end of

January. This change in the Plan would

allow sport users in conjunction with

state fishery managers to recommend

the open days per week according to

how many total days they believe will

be available in a season and the desired

season length structured to ensure that

the subarea quota is not exceeded.

NMFS is proposing to implement the

Council-recommended change to the

Plan as shown in the proposed

regulations in § 301.23(f)(1)(i).

For the sport fishery in the

Washington South Coast Subarea, the

Council recommended changes to the

Plan on the closure of this fishery that

would allow for a longer time frame for

the nearshore sport fisheries to retain

incidentally caught halibut. The Council

recommended that the general sport

halibut season close when 1,000 lb (0.45

mt) are projected to remain in the

subarea quota, so as to allow for

incidental halibut catch in the nearshore

sport fisheries. To provide for this, the

Council recommended that immediately

following the general season closure, the

area from the Queets River south to

47°00’00’’ N. lat. and east of 124°40’00’’

W. long. would open and continue open

for 7 days per week until either the

subarea quota is achieved or until the

season ending date, whichever occurs

first. The area proposed for this second

opening is not generally considered a

halibut fishing area, although anglers do

occasionally catch halibut in those

waters. With a 1,000 lb (0.45 mt)

allowance for the second opening, sport

fishers would be able to retain halibut

that is incidentally caught during

fisheries for species other than halibut.

NMFS is proposing to implement this

Council-recommended change to the

Plan as shown in the proposed

regulations in § 301.23(f)(1)(iii).

For the sport fishery in the Oregon

Central Coast and Southern Oregon

Coast Subareas, the Council developed

provisions for the Plan for the sport

fisheries in these areas for 1996 and

beyond. Currently, the Plan provides for

sport structuring only for 1995.

Fisheries participants from the Oregon

coast requested that the Council

consider a later opening date for the

sport fishery off Oregon so as to avoid

some of the foul weather associated

with early opening dates. The proposed

Plan is modified slightly from 1995 to

remove the specific opening dates. The

opening dates would be set annually,

based on the TAC and the standards set

in this paragraph. In addition, the

Council provided specific sport fishery

seasons, dates, and other management

measures for 1996. The Council

recommended a sport fishery off Oregon

in waters south of Cape Falcon

beginning on May 16, rather than on the

May 4 opening date used in 1995. The

May 16, 1996 opening date reflects a

compromise between a wide range of

proposed opening dates. For the Oregon

central coast subarea only, the Council

recommended that the allocation in the

Plan for the first season be set at 68

percent (slightly reduced from 71.5

percent in 1995) of the Central coast

allowable catch, and the second season

be set at 7 percent (an increase over the

3.5 percent in 1995). Private boat

anglers particularly wish to avoid

fishing in turbulent spring weather and

requested that a greater quantity of the

Oregon sport fishery catch be reserved
2784 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

for later fishery openings. These

provisions are intended to reserve more

of the allowable harvest for the second

and third season openings. NMFS is

proposing to implement the Council

recommended modifications to the Plan

as shown in the proposed regulations in

§ 301.23(f)(1)(v) and (vi).

The Council also recommended

several refinements to the Plan on the

management of the incidental halibut

harvest by salmon trollers. The Council

recommended that the Plan be revised

such that halibut landing restrictions for

the commercial salmon troll fishery

would be developed by the Council at

its spring public meeting and would be

based on the expected number of

incidental harvest permits, halibut

allocation, and other pertinent

information, and may include landing

ratios for any salmon species, landing

limits (e.g., maximum number of halibut

per landing), or other means to control

the rate of halibut harvest. This change

was requested by users because in 1995,

the May/June salmon troll fishery

harvested less than 13 percent of the

incidental halibut allocation, in part

because managers were unable to make

an inseason ratio adjustment. The

Council recommended that the Plan

allow NMFS to make inseason changes

to the landing restrictions after

consulting with pertinent troll

representatives of the Council’s Salmon

Advisory Subpanel and the Halibut

Managers Group. Such inseason

adjustments in landing restrictions

should ensure that the incidental

harvest rate is appropriate for salmon

and halibut availability, does not

encourage targeting halibut, and does

not increase the likelihood of exceeding

the allocation. Should the commercial

salmon troll fishery fail to fully use its

incidental halibut harvest allocation,

any remaining halibut quota not

harvested in the May/June troll fishery

would be made available to the directed

halibut fishery on July 1. The Council

also recommended that if, by July 31,

the overall non-Indian commercial

halibut quota has not been completely

harvested and sufficient incidental

allocation remains from the May/June

troll fishery, the incidental harvest of

halibut will be allowed to resume on

August 1 in any existing salmon troll

fishery. The incidental harvest would

continue until achievement of either the

overall non-Indian commercial halibut

quota or the incidental salmon troll

halibut quota, whichever occurs first.

NMFS is proposing to implement the

Council’s recommended changes to the

Plan as shown in the proposed

regulations in § 301.23(e)(1). Notice and

effectiveness of the inseason

adjustments would be made by NMFS

in accordance with

§ 301.21(d)(3)(iii)and (iv).

The Council also recommended that

applications to the IPHC by salmon

trollers requesting an incidental halibut

harvest permit must be postmarked no

later than March 31, or the first weekday

in April, if March 31 falls on a weekend.

This deadline date change from the

1995 deadline of April 30 is proposed

so that the Council will know how

many incidental permits have been

issued to salmon trollers prior to

Council adoption of halibut landing

restrictions within the salmon

regulations. The Council will use the

information on the number of applicants

at its spring public meeting to determine

appropriate landing restrictions for this

fishery. The IPHC application deadline

date for directed halibut fisheries will

still be April 30. Because the IPHC is

responsible for licensing vessels in the

halibut fishery, this recommendation

will be considered by the IPHC at its

annual meeting for implementation in

the international regulations in § 301.3.

Proposed Sport Fishery Regulations

In accordance with the Plan

implementation procedures at 50 CFR

301.23(g), this document also provides

notice of the proposed sport fishery

regulations in § 301.21 that are

necessary to implement the Plan in

1996. These proposed sport fishery

regulations are based on an assumed

Area 2A TAC of 520,000 lb (235.9 mt),

the same as 1995. The final TAC will be

determined by the IPHC at its annual

meeting in January 1996, and necessary

changes based on the final TAC and

consideration of public comments will

be made in the final rule. The proposed

sport fishing regulations for 1996 by

area are as follows.

Washington Inside Waters Subarea

(Puget Sound and Straits). In this

subarea, the proposed changes to the

Plan leave the seasonal dates

unspecified. However, for the purpose

of soliciting public comments, the

proposed rule is structured the same as

1995; i.e., the fishing season will be

held 5 days a week, commencing May

25 with Tuesdays and Wednesdays

closed to fishing. Based on the 1995

catch rate of 802 lb (363.8 kg) per day,

a total of 43 fishing days will result in

achievement of the quota for this

subarea so the fishery would close on

July 22. In 1995, this fishery closed on

July 29 (after 48 days of fishing), but the

quota was exceeded so the 1996

proposed regulations would only allow

a 43-day season. The final

determination of the days of the week

that the season will be open will be

based on the allowable harvest level and

recommendations developed in a public

workshop sponsored by Washington

Department of Fish and Wildlife after

the allowable catch is set by the IPHC

near the end of January.

Washington North Coast Subarea

(north of the Queets River). The

proposed season for this subarea is

similar to 1995 with a May 1 opening

and continuing 5 days per week until

the quota is taken. Based on the

assumed TAC for 1996 and the past

performance of this fishery, the quota

for this subarea would likely be reached

by the end of May so a potential July

reopening of the fishery as stated in the

Plan in § 301.23(f)(1)(ii) is not possible

(similar to 1995).

Washington South Coast Subarea.

The proposed regulations in this

subarea are similar to 1995 with a May

1 opening and continuing 7 days per

week until the quota is taken. However,

in accordance with the proposed

changes to the Plan for this area, the

fishery would close when 1,000 lb (0.45

mt) remain in the quota and reopen as

a nearshore fishery until the remaining

quota is taken.

Columbia River Subarea. The

proposed regulations in this subarea

will be the same as 1995.

Oregon Central Coast Subarea. The

proposed regulations for this subarea

reflect the proposed changes to the Plan

and the Council recommendation for a

three-season structure with the first

season opening May 16 and continuing

3 days per week until 68 percent of the

quota is taken, then switching to a

nearshore water fishery until 7 percent

of the quota has been taken or August

1, whichever is earlier. The third,

unrestricted depth season would open

on August 2 and continue until the

overall Oregon sport quota is taken.

Oregon South Coast Subarea. The

proposed regulations for this subarea

reflect the proposed changes to the Plan

and the Council’s recommendation for a

three-season structure with the first

season opening May 16 and continuing

3 days per week until 80 percent of the

quota is taken, then switching to a

nearshore water fishery until the

subarea quota taken or August 1,

whichever is earlier. A third,

unrestricted depth season would open

on August 2 and continue until the

overall Oregon sport quota is taken.

California Subarea. The proposed

regulations in this subarea will be the

same as 1995.

NMFS is requesting public comments

on approval of the Council’s

recommended modifications to the Plan

and to the sport fishing regulations at
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2785

§ 301.21. The IPHC Area 2A TAC will be

set at the IPHC meeting to be held from

January 22 through 25, 1996. Comments

on these proposed regulations are

requested by February 12, 1996, to

provide adequate time after the IPHC

annual meeting, so that the public will

have the opportunity to consider the

final Area 2A TAC before submitting

comments on these proposed

regulations. The IPHC, consistent with

its responsibilities under the

international convention, will

implement the quotas stipulated in the

Plan based on its final determination of

the Area 2A TAC to be made at its

annual meeting.

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 method for determining the

incidental halibut harvest allocation for

commercial salmon trollers will be

published with the annual salmon

management measures.

Classification

The proposed revisions to the Plan

and regulations are not significant and

fall within the scope of the 1995

Environmental Assessment/Regulatory

Impact Review prepared by the Council,

which also applies to this action. The

Assistant General Counsel for

Legislation and Regulation has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

As a result, regulatory flexibility

analysis was not prepared.

This action has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 301

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: January 22, 1996.

Gary Matlock,

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, paragraph (h) is revised

to read as follows:

§ 301.3 Licensing vessels.

* * * * *

(h) A vessel operating in the directed

commercial fishery for halibut in Area

2A must have its ‘‘Application for

Vessel License for the Halibut Fishery’’

form postmarked no later than April 30.

A vessel operating in the commercial

salmon troll fishery in Area 2A that

seeks an incidental harvest permit for

halibut must have its application to the

Commission postmarked no later than

March 31, or the first weekday in April,

if March 31 falls on a weekend.

* * * * *

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

to read as follows:

§ 301.7 Fishing periods.

* * * * *

(c) Notwithstanding paragraph (b) of

this section and § 301.10(g), an

incidental catch fishery is authorized

during salmon troll seasons in Area 2A.

Operators of vessels participating in the

salmon troll fishery in Area 2A may

retain halibut caught incidentally

during authorized periods, in

conformance with the annual salmon

management measures announced in

the Federal Register. Halibut landing

restrictions for the salmon troll fishery

will be based on the expected number

of incidental harvest permits, halibut

allocation and other pertinent

information, and may include landing

ratios, landing limits, or other means to

control the rate of halibut harvest.

Inseason changes to the halibut landing

restrictions will be announced in

accordance with § 301.21(d)(3)(iii).

* * * * *

4. In § 301.21, paragraphs (d)(2)(i)

through (d)(2)(vii) are revised to read as

follows:

§ 301.21 Sport fishing for halibut.

* * * * *

(d) * * *

(2) * * *

(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 quota.

This area is managed by setting a season

that is projected to result in a catch of

34,653 lb (15.7 mt).

(A) The fishing season is May 25

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 quota for

landings into ports in this area is 71,410

lb (32.4 mt). Landings into Neah Bay of

halibut caught in this area will count

against this quota and are governed by

the regulations in this paragraph

(d)(2)(ii).

(A) The fishing season commences on

May 1, and continues 5 days a week

(Tuesday through Saturday) until 71,410

lb (32.4 mt) are estimated to have been

taken and the season is closed by the

Commission.

(B) The daily bag limit is one halibut

of any size per day per person.

(C) A portion of this area about 19 nm

(35 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°18’00’’ N. lat.,

125°11’00’’ W. long.; 48°18’00’’ N. lat.,

124°59’00’’ W. long.; 48°04’00’’ N. lat.,

125°11’00’’ W. long.; and, 48°04’00’’ N.

lat., 124°59’00’’ W. long.

(iii) In the area between the Queets

River, WA and Leadbetter Point, WA

(46°38’10’’ N. lat.), the quota for

landings into ports in this area is 15,222

lb (6.9 mt).

(A) The fishing season commences on

May 1 and continues every day until

1,000 lb (0.45 mt) are projected to

remain in the subarea quota of 15,222 lb

(6.9 mt). Immediately following the this

closure, the area from the Queets River

south to 47°00’00’’ N. lat. and east of

124°40’00’’ W. long. will reopen for 7

days per week until either 15,222 lb (6.9

mt) are estimated to have been taken

and the season is closed by the

Commission, or until September 30,

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 west of 124°40’00’’ W. long.

and north of 47°10’00’’ N. lat. is closed

to sport fishing for halibut.

(iv) In the area between Leadbetter

Point, WA and Cape Falcon, OR

(45°46’00’’ N. lat.), the quota for

landings into ports in this area is 4,617

lb (2.1 mt).

(A) The fishing season commences on

May 1, and continues every day through

September 30, or until 4,617 lb (2.1 mt)

are estimated to have been taken and the

area is closed by the Commission,

whichever occurs first.

(B) The daily bag limit is one halibut

with a minimum overall size limit of 32

inches (81.3 cm).

(v) In the area off Oregon between

Cape Falcon and the Siuslaw River at

the Florence north jetty (44°01’08’’ N.
2786 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

lat.), the quota for landings into ports in

this area is 94,694 lb (43 mt).

(A) The fishing seasons are:

(1) Commencing May 16, and

continuing 3 days a week (Thursday

through Saturday) until 64,392 lb (29.2

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 1,

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 6,629 lb (3.0 mt) or the subarea

quota 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 2, and

continuing 2 days a week (Friday and

Saturday) through September 30, or

until the combined quotas for the

subareas described in paragraphs

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

102,193 lb (46.4 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 inches (81.3 cm) and the second

with a minimum overall size limit of 50

inches (127.0 cm).

(vi) In the area off Oregon between the

Siuslaw River at the Florence north jetty

and the California border (42°00’00’’ N.

lat.), the quota for landings into ports in

this area is 7,499 lb (3.4 mt).

(A) The fishing seasons are:

(1) Commencing May 16 and

continuing 3 days a week (Thursday

through Saturday) until 5,999 lb (2.7 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)(vi)(A)(1) of this section, and

continuing every day through August 1,

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 1,500 lb (0.7 mt) or the

area quota 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 2 and

continuing 2 days a week (Friday and

Saturday) through September 30, or

until the combined quotas for the

subareas described in paragraphs

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

102,193 lb (46.4 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 inches (81.3 cm) and the second

with a minimum overall size limit of 50

inches (127.0 cm).

(vii) In the area off the California

coast, there is no quota. This area is

managed on a season that is projected to

result in a catch of less than 2,785 lb

(1.3 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

inches (81.3 cm).

* * * * *

5. In § 301.23, paragraphs (e)(1), (e)(3)

and (f)(1)(i), (f)(1)(iii),(f)(1)(v), and

(f)(1)(vi) are revised to read as follows:

§ 301.23 Catch sharing plan for Area 2A.

* * * * *

(e) * * *

(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 salmon fisheries. The

quota for this incidental catch fishery is

3.1 percent of the Area 2A TAC.

(i) The Council will recommend

landing restrictions at its spring public

meeting each year to control the amount

of halibut caught incidentally in the

troll fishery. The landing restrictions

will be based on the number of

incidental harvest license applications

submitted to the Commission, halibut

catch rates, the amount of allocation,

and other pertinent factors, and may

include catch or landing ratios, landing

limits, or other means to control the rate

of halibut harvest. NMFS will publish

the landing restrictions annually in the

Federal Register, along with the salmon

management measures.

(ii) Inseason adjustments. (A) NMFS

may make inseason adjustments to the

landing restrictions, if requested by the

Council Chairman, as necessary to

assure that the incidental harvest rate is

appropriate for salmon and halibut

availability, does not encourage target

fishing on halibut, and does not increase

the likelihood of exceeding the quota for

this fishery. In determining whether to

make such inseason adjustments, NMFS

will consult with the applicable state

representative(s) on the Halibut

Managers Group, a representative of the

Council’s Salmon Advisory Sub-Panel,

and Council staff.

(B) Notice and effectiveness of

inseason adjustments will be made by

NMFS in accordance with

§ 301.21(d)(3)(iii) and (iv).

(iii) If the quota for this fishery is not

harvested during the May/June salmon

troll fishery, the remaining quota will be

made available by the Commission to

the directed halibut fishery on July 1.

(iv) If the quota for the non-Indian

commercial fisheries specified at

paragraph (e) of this section has not

been harvested by July 31 and the quota

for the salmon troll fishery was not

harvested during the May/June fishery,

landings of halibut caught incidentally

during salmon troll fisheries will be

allowed effective August 1 and will

continue until the quota for the troll

fishery is taken or the overall nonIndian commercial quota is estimated to

have been achieved by the Commission.

Landing restrictions implemented for

the May/June salmon troll fishery will

apply to this reopening of the fishery.

(v) A salmon troller may participate in

this fishery or in the directed

commercial fishery targeting halibut,

but not in both.

* * * * *

(3) Commercial license restrictions/

declarations. 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.

Commercial fishers operating in the

directed halibut fishery must send their

license application to the Commission

postmarked no later than April 30 in

order to obtain a license to fish for

halibut in Area 2A. Commercial fishers

operating in the salmon troll fishery

who seek to retain incidentally caught

halibut must send their application for

a license to the Commission for the

incidental catch of halibut in Area 2A

postmarked no later than March 31, or

the first weekday in April, if March 31

falls on a weekend. Fishing vessel

operators who are issued 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) * * *

(1) * * *

(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:
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2787

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 quota. No

inseason adjustments will be made, and

estimates of actual catch will be made

postseason. The fishery will open in

May and continue at least through July

4, or until a date established preseason

(and published in the sport fishery

regulations) when the quota is predicted

to be taken, or until September 30,

whichever is earlier. The Washington

Department of Fish and Wildlife will

sponsor a public workshop shortly after

the IPHC annual meeting to develop

recommendations to NMFS on the

opening date and weekly structure of

the fishery each year. The daily bag

limit is one fish per person, with no size

limit.

* * * * *

(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

per week and continues until 1,000 lb

(.45 mt) are projected to remain in the

subarea quota. Immediately following

this closure, the area from the Queets

River south to 47°00’00’’ N. lat. and east

of 124°40’00’’ W. long. will reopen for

7 days per week until either the subarea

quota is estimated to have been taken

and the season is closed by the

Commission, or until September 30,

whichever occurs first. 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.

* * * * *

(v) Oregon central coast subarea. 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 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)(1)(v)(A) through (C) of

this section. The Council will

recommend opening dates for these

seasons annually at its fall public

meeting. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32–inch (81.3 cm) size

limit and the second with a minimum

50–inch (127.0 cm) size limit.

(A) The first season is an all-depth

fishery that begins in May and

continues at least 3 days per week

(dependent on TAC) until 68 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

7 percent of the subarea quota is taken,

or until early August, whichever is

earlier.

(C) The last season begins in early

August, with no depth restrictions, and

continues at least 2 days per week, 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. 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

crossing conditions very often do not

allow scheduled fishing trips. This

subarea has three seasons as set out in

paragraphs (f)(1)(vi)(A) through (C) of

this section. The Council will

recommend opening dates for these

seasons annually at its fall public

meeting. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32–inch (81.3 cm) size

limit and the second with a minimum

50–inch (127.0 cm) size limit.

(A) The first season is an all-depth

fishery that begins in May and

continues at least 3 days per week

(dependent on TAC) and continues at

least 3 days per week 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 early August, whichever

is earlier.

(C) The last season begins in early

August, with no depth restrictions, and

continues at least 3 days per week, until

the combined Oregon subarea quotas

south of Falcon are estimated to have

been taken, or September 30, whichever

is earlier.

* * * * *

[FR Doc. 96–1483 Filed 1–24–96; 2:02 pm]

BILLING CODE 3510–22–F

50 CFR Parts 611 and 655

[Docket No. 951208293–5293–01; I.D.

110995B]

RIN 0648–AF01

Atlantic Mackerel, Squid, and

Butterfish Fisheries; Amendment 5;

Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correction to proposed

regulation.

SUMMARY: This document contains

corrections to proposed regulation (I.D.

110995B), which was published

Wednesday, December 20, 1995 (60 FR

65618). The proposed regulation would

implement Amendment 5 to the Fishery

Management Plan for the Atlantic

Mackerel, Squid, and Butterfish

Fisheries (FMP).

DATES: Comments on the proposed rule

must be received on or before January

29, 1996.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.