[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Proposed Rules]
[Pages 13480-13482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5314]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 010119023-1023-01; I.D. 121900A]
RIN 0648-AO80


Pacific Halibut Fisheries; Catch Sharing Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed changes to catch sharing plan and sport fishing 
management; availability of draft environmental assessment and 
regulatory impact review.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes, under authority of the Northern Pacific Halibut 
Act (Halibut Act), to approve and implement changes to the Area 2A 
Pacific Halibut Catch Sharing Plan (Plan) to adjust the management of 
the sport fisheries off Washington, and to adjust the management of the 
non-treaty commercial fisheries off Oregon and Washington. NMFS also 
proposes sport fishery regulations to implement the Plan in 2001. A 
draft environmental assessment and regulatory impact review (EA/RIR) on 
this action is also available for public comment.

DATES: Comments on the proposed changes to the Plan and the proposed 
sport fishery regulations must be received by March 9, 2001.

ADDRESSES: Send comments or requests for a copy of the Plan and/or the 
EA/RIR to Donna Darm, Acting Regional Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way, Seattle, WA 98115. Electronic copies of the 
Plan, including proposed changes for 2001, and of the draft EA/RIR are 
also available at the NMFS Northwest Region website: http://www.nwr.noaa.gov, under ``Halibut Management.'' Comments will not be 
accepted if submitted via e-a-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The Halibut Act, at 16 U.S.C. 773c, gives 
the Secretary of Commerce (Secretary) general responsibility for 
carrying out the Halibut Convention between the United States and 
Canada. It requires the Secretary to adopt such regulations as may be 
necessary to carry out the purposes and objectives of the Convention 
and the Halibut Act. Section 773c(c) of the Halibut Act authorizes the 
Regional Fishery Management Councils to develop regulations that are 
not in conflict with regulations adopted by the International Pacific 
Halibut Commission (IPHC) to govern the Pacific halibut catch that 
occurs in their regions. Each year since 1988, the Pacific Fishery 
Management Council (Council) has developed a catch sharing plan in 
accordance with the Halibut Act to allocate the total allowable catch 
(TAC) of Pacific halibut between treaty Indian and non-treaty 
harvesters and among non-treaty commercial and sport fisheries in IPHC 
statistical Area 2A (off Washington, Oregon, and California).
    In 1995, upon the recommendation of the Council, NMFS implemented 
the Plan (60 FR 14651, March 20, 1995). In each of the intervening 
years between 1995 and the present, minor revisions to the Plan have 
been made to adjust for the changing needs of the fisheries. The Plan 
allocates 35 percent of the Area 2A TAC to Washington treaty Indian 
tribes in Subarea 2A-1 and 65 percent to non-Indian fisheries in Area 
2A. The allocation to non-Indian fisheries is divided into three 
shares, with the Washington sport fishery (north of the Columbia River) 
receiving 36.6 percent, the Oregon/California sport fishery receiving 
31.7 percent, and the commercial fishery receiving 31.7 percent. The 
commercial fishery is further divided into a directed commercial 
fishery that is allocated 85 percent of the commercial allocation and 
an incidental catch in the salmon troll fishery that is allocated 15 
percent of the commercial allocation. The directed commercial fishery 
in Area 2A is confined to southern Washington (south of 46 deg.53'18" 
N. lat.), Oregon, and California. The Plan also divides the sport 
fisheries into seven geographic subareas, each with separate 
allocations, seasons, and bag limits.

Council Recommended Changes to the Plan

    At its September 2000 meeting, the Council adopted, for public 
comment, the following proposed changes to the plan: (1) separating the 
directed commercial fishery sub-quota from the incidental salmon 
fishery allowance and permitting the salmon troll fishery to retain 
incidentally caught halibut from May 1 until its sub-quota is estimated 
to have been achieved; (2) allowing the setting of sport fishery season 
start dates in the Washington North Coast and South Coast sub-areas 
following the IPHC annual meeting, rather than before; (3) removing the 
1,000 lb (0.45 mt) nearshore set-aside in the Washington South Coast 
sub-area; and (4) eliminating the Washington South Coast closed ``hot 
spot.''
    At its November 2000 public meeting, the Council considered the 
results of state-sponsored workshops on the proposed changes to the 
Plan and public comments, and made final recommendations for three 
modifications to the Plan as follows:
    (1) Set a halibut sub-quota for the salmon troll fishery that is 
distinct from the directed commercial fishery sub-quota. The salmon 
troll fishery would be permitted to retain halibut taken incidentally 
in that fishery, beginning May 1 until the sub-quota is estimated to 
have been achieved. The directed commercial fishery would no longer 
have access to the salmon troll fishery sub-quota in July.
    (2) Revise the season guidance for the Washington South Coast sport 
fishery to remove the 1,000 lb (0.45 mt) nearshore halibut set-aside. 
Nearshore fishing for halibut would be permitted during the all-depth 
season. If the all-depth season closes with halibut remaining in its 
quota, additional nearshore fishing would also be permitted after the 
all-depth season.
    (3) Eliminate the closed ``hot spot'' for the Washington South 
Coast sport fishery.
    The Council also recommended a minor change to update the plan to 
reflect the elimination of the Halibut Managers Group, and to clarify 
which Salmon Advisory Subpanel member should be consulted regarding 
inseason halibut actions.

Proposed Changes to the Catch Sharing Plan

    NMFS is proposing to approve and to make the following changes to 
the Plan:
    In section (e) of the Plan, Non-Indian Commercial Fisheries, add a 
new sentence to the end of sub-paragraph (e)(1) to read as follows:
    The primary management objective for this fishery is to harvest the 
troll quota as incidental catch during the May/June salmon troll 
fishery. The secondary management objective is to

[[Page 13481]]

harvest the remaining troll quota as incidental catch during the July 
through September salmon troll fishery.
    In section (e), Non-Indian Commercial Fisheries, revise the last 
sentence of sub-paragraph (e)(1)(ii)(A) to read as follows:
    In determining whether to make such inseason adjustments, NMFS will 
consult with the applicable state representative(s), a representative 
of the Council's Salmon Advisory Sub-Panel, and Council staff.
    In section (e), Non-Indian Commercial Fisheries, revise sub-
paragraph (e)(1)(iii), redesignate paragraphs (e)(1)(iv) and (e)(1)(v) 
as (e)(1)(iii) and (e)(1)(iv), respectively, and revise redesignated 
paragraph (e)(1)(iii) to read as follows:
    If the overall quota for the non-Indian, incidental commercial 
troll fishery has not been harvested by salmon trollers during the May/
June fishery, additional landings of halibut caught incidentally during 
salmon troll fisheries will be allowed in July and will continue until 
the amount of halibut that was initially available as a quota for the 
troll fishery is taken or the overall non-Indian commercial quota is 
estimated to have been achieved by the IPHC. Landing restrictions 
implemented for the May/June salmon troll fishery will apply for as 
long as this fishery is open. Notice of the July opening of this 
fishery will be announced on the NMFS hotline (206) 526-6667 or (800) 
662-9825. No halibut retention in the salmon troll fishery will be 
allowed in July unless the July opening has been announced on the NMFS 
hotline.
    In section (e), Non-Indian Commercial Fisheries, remove the fourth 
sentence of paragraph (e)(2).
    In section (f), Sport Fisheries, revise the seventh and eighth 
sentences of paragraph (1)(iii) to read as follows:
    The fishery will continue until September 30, or until the quota is 
achieved, whichever occurs first. Subsequent to this closure, if any 
remaining quota is insufficient for an offshore fishery, but is 
sufficient for a nearshore fishery, the area from the Queets River 
south to 47 deg.00'00" N. lat. and east of 124 deg.40'00" W. long. will 
reopen for 7 days per week until either the remaining subarea quota is 
estimated to have been taken and the season is closed by the IPHC, or 
until September 30, whichever occurs first.
    In section (f), Sport Fisheries, delete the last two sentences of 
paragraph (1)(iii).
    In section (f), Sport Fisheries, revise paragraph (5)(iv)(A) to 
read as follows:
    Inseason actions will be effective on the date specified in the 
Federal Register or at the time that the action is filed for public 
inspection at the Office of the Federal Register, whichever is later.

Proposed 2001 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2001. The 2001 TAC for Area 2A is 
1,140,000 lb (517 mt), as set by the IPHC at its annual meeting of 
January 22-25, 2001. The proposed 2001 sport fishery regulations are 
based on this 2001 Area 2A TAC as follows:

Washington Inside Waters (Subarea Puget Sound and Straits)

    This subarea is allocated 57,393 lb (26 mt) of an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The season should be 
longer than the 46-day season in 2001 because of the increase in the 
overall TAC and resultant subarea allocation. In accordance with the 
procedure developed with IPHC to project the catch in this subarea 
based on past catch per ``fishing day equivalent'' (FED), where a 
weekday is equal to 1 FED and a weekend/holiday is equal to 2.5 FEDs, 
approximately 89 FEDs are expected with a 57,393 lb (26 mt) quota. This 
calculation is based on an average catch of 643 lb (0.3 mt) per FED 
over the past 3 years. The number of fishing days is based on setting a 
season that opens in May and continues at least through July 4 for a 5-
day per week fishery (Thursday through Monday). A final determination 
of the season dates will be made based on the allowable harvest level, 
projected 2001 catch rates, and on recommendations developed in a 
public workshop sponsored by Washington Department of Fish and Wildlife 
in February. The daily bag limit is one halibut of any size per day per 
person.

Washington North Coast Subarea (North of the Queets River)

    This subarea is allocated 108,030 lb (49 mt) at an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The 2000 fishery 
began on May 2, lasted through June 16, and re-opened July 1 to 4. This 
fishery is held 5 days per week (Tuesday through Saturday). According 
to the Plan, 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 use 
these remote grounds. For the 2001 fishing season, the fishery in this 
subarea is set to meet the structuring objectives described in the 
Plan. While this season is scheduled to begin in May, a final 
determination of the season dates will be made based on the allowable 
harvest level, projected 2001 catch rates, and on recommendations 
developed in a public workshop sponsored by Washington Department of 
Fish and Wildlife in February. The daily bag limit is one halibut of 
any size per day per person. A portion of this subarea located about 19 
nm (35 km) southwest of Cape Flattery is closed to sport fishing for 
halibut. The size of this closed area is described in the Plan, but may 
be modified preseason by NMFS to maximize the season length.

Washington South Coast Subarea

    This subarea is allocated 42,739 lb (19.4 mt) of an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The fishery will 
open in May and continue 5 days per week (Sunday through Thursday) in 
all areas, except where prohibited, and 7 days per week only in the 
area from the Queets River south to 47 deg.00'00" N. lat. and east of 
124 deg.40'00" W. long. When there is not enough quota available for a 
single day of offshore fishing, fishing will be allowed 7 days per week 
in the area from the Queets River south to 47 deg.00'00" N. lat. and 
east of 124 deg.40'00" W. long., until the quota is reached or until 
September 30, whichever occurs first. The daily bag limit is one 
halibut of any size per day per person.

Columbia River Subarea

    This subarea is allocated 10,487 lb (4.8 mt) of an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The fishery will 
open on May 1 and continue 7 days per week until the quota is reached 
or September 30, whichever occurs first. The daily bag limit is the 
first halibut taken, per person, of 32 inches (81.3 cm) or greater in 
length.

Oregon North Central Coast Subarea

    This subarea is allocated 199,803 lb (90.6 mt) of an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The May all-depth 
season is allocated 135,866 lb (61.6 mt). Based on an observed catch 
per day trend in this fishery, an estimated 24,000 lb (10.9 mt) will be 
caught per day in 2001, resulting in a 5-day fixed season. In 
accordance with the Plan, the season dates will be May 9, 10, 11, 16, 
and 17. If the quota is not taken, an appropriate number of fishing 
days will be scheduled for late May or early June. The restricted depth 
fishery inside 30 fathoms is combined for the north central and south 
central coast sub-areas, and is allocated 17,150 lb (7.8 mt)

[[Page 13482]]

and will be open starting May 1 through September 30 or until the TAC 
is attained, whichever occurs first. The August coastwide all-depth 
fishery (Cape Falcon to Humbug Mountain) is allocated 49,951 lb (22.7 
mt), which may be sufficient for a 1-day or 2-day opening in August, 
based on the expected catch per day. If sufficient quota remains after 
this season for additional days of fishing, the dates for an all-depth 
fishery will be in mid-August. A final determination of the season 
dates will be made based on the allowable harvest level, projected 
catch rates, and recommendations developed in a public workshop 
sponsored by the Oregon Department of Fish & Wildlife in February. The 
daily bag limit is the first halibut taken, per person, of 32 inches 
(81.3 cm) or greater in length.

Oregon South Central Coast Subarea

    This subarea is allocated 15,820 lb (7.2 mt) at an Area 2A TAC of 
1,140,000 lb (517 mt) in accordance with the Plan. The May all-depth 
season is allocated 12,656 lb (5.7 mt) and, based on observed catch per 
day trend in this fishery, an estimated 3,000 lb (1.4 mt) would be 
caught per day in 2001, resulting in a 4-day fixed season. In 
accordance with the Plan, the season dates are May 9, 10, 16, and 17. 
If the quota is not taken, an appropriate number of fishing days will 
be scheduled for late May or early June. The restricted depth fishery 
inside 30 fathoms is combined for the north central and south central 
coast sub-areas, and would be allocated 17,150 lb (7.8 mt) and will be 
open starting May 1 through September 30 or until the TAC is attained, 
whichever occurs first. The August coastwide all-depth fishery (Cape 
Falcon to Humbug Mountain) is allocated 49,951 lb (22.7 mt), which may 
be sufficient for a 1-day or 2-day opening in August, based on the 
expected catch per day. If sufficient quota remains for additional 
fishing days after this season, the dates for an all-depth fishery will 
be in mid-August. A final determination of the season dates will be 
made based on the allowable harvest level, projected catch rates, and 
recommendations developed in an ODFW-sponsored public workshop in 
February. The daily bag limit is the first halibut taken, per person, 
of 32 inches (81.3 cm) or greater in length.

Humbug Mountain, OR, through California Subarea

    This subarea is allocated 6,809 lb (3.1 mt) of an Area 2A TAC 
1,140,000 lb (517 mt) in accordance with the Plan. The 2001 sport 
season for this subarea is the same as last year, with a May 1 opening 
and continuing 7 days per week until September 30. The daily bag limit 
is the first halibut taken, per person, of 32 inches (81.3 cm) or 
greater in length.
    NMFS requests public comments on the Council's recommended 
modifications to the Plan and the proposed sport fishing regulations. 
The Area 2A TAC was set by the IPHC at its annual meeting on January 22 
to 25, 2001, in Vancouver, British Columbia. NMFS requests comments on 
the proposed changes to the Plan and on the proposed changes to sport 
fishing regulations by February 16, 2001, after the IPHC annual 
meeting, so that the public will have the opportunity to consider the 
final Area 2A TAC before submitting comments on the proposed sport 
fishing regulations. The States of Washington and Oregon will conduct 
public workshops shortly after the IPHC meeting to obtain input on the 
sport season dates. NMFS will issue final rules for the Area 2A Pacific 
halibut sport fishery concurrent with the IPHC regulations for the 2001 
Pacific halibut fisheries.

Classification

    NMFS has prepared a draft EA/RIR on the proposed changes to the 
Plan. Copies of the ``Draft Environmental Assessment and Regulatory 
Impact Review of Changes to the Catch Sharing Plan for Pacific Halibut 
in Area 2A'' are available from NMFS (see ADDRESSES). Comments on the 
EA/RIR are requested by March 21, 2001.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed changes to the Plan would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    Setting a fishery-specific halibut quota for the salmon troll 
fishery will not appreciably alter the annual halibut harvest of 
that fishery or the directed commercial fishery. The basic 
allocation scheme of 85% of the non-treaty commercial quota for the 
directed commercial fishery and 15% of the non-treaty commercial 
quota for the salmon troll fishery would not change under this 
action. Rather. the directed commercial fishery would no longer have 
access to the halibut that remains in the salmon troll fishery sub-
quota after the June salmon fisheries; that halibut would remain 
available to the salmon fishery. Although it is theoretically 
possible that commercial halibut fishers could be adversely affected 
because they would be unable to harvest any halibut remaining in the 
salmon troll sub-quota, past experience indicates that salmon troll 
participants have harvested most of their annual quotas. 
Accordingly, because fishery participants will basically have the 
same fishing opportunities in 2001 as 2000. In 2000, 268 licenses 
were issued to fishers participating in the 3-day directed fishery, 
and 235 licenses were issued to salmon fishers wishing to land 
halibut incidentally to their troll fisheries. The total combined 
quota for these two fisheries was less than 160,000 lb (72 mt) in 
2000, an insignificant amount relative to the annual West Coast 
commercial salmon and groundfish landings.
    Similar to revisions on separating the non-treaty commercial 
allocations, proposed changes for the Washington South Coast sub-
area would not re-allocate halibut or appreciably alter halibut 
fishing opportunities for charter businesses and anglers operating 
in that area. Nearshore halibut opportunities have traditionally 
varied from year to year, based on harvest rates in the all-depth 
fishery. Under the proposed changes to the Plan, the all-depth 
fishery would close when the remaining quota is not adequate to 
cover a day of all-depth fishing. Because a single day of all-depth 
fishing could require up to 2,000 lb, nearshore fishing 
opportunities are not expected to be reduced from the current system 
of setting aside 1,000 lb for nearshore harvest.
    The ``hot spot'' closed area in the Washington South Coast 
subarea was opened inseason in 1999 and 2000. Opening the hot spot 
before the start of the season in 2001 will not alter quota 
availability for fishers in that area. This proposed change is 
expected to improve business planning convenience for South Coast 
fishers, who will be able to fish throughout the South Coast subarea 
from the start of the season, rather than waiting for guidance on 
whether the hot spot will be closed or opened.
    These proposed changes to the Plan are insignificant and are 
expected to result in either no impact at all, or a modest increase 
in fishery and regulatory convenience. Consequently, these changes 
to the Plan are not expected to meet any of the RFA tests of having 
a ``significant'' economic effect on a ``substantial number'' of 
small entities. The proposed sport management measures for 2001 
merely implement the Plan at the appropriate level of TAC; their 
impacts are within the scope of the impacts analyzed for the Plan.
    Accordingly, a regulatory flexibility analysis was not prepared.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

    Dated: February 28, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-5314 Filed 3-5-01; 8:45 am]
BILLING CODE 3510-22-S