[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Pages 11336-11344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6631]
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[[Page 11337]]
DEPARTMENT OF COMMERCE
50 CFR Part 301
[Docket No. 960111003-6068-03; I.D. 030796A]
RIN 0648-AI48
Pacific Halibut Fisheries; Catch Sharing Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule and approval of Catch Sharing Plans.
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SUMMARY: NMFS, on behalf of the International Pacific Halibut
Commission (IPHC), publishes regulations governing the Pacific halibut
fishery that are recommended by the IPHC and approved by the Secretary
of State. NMFS also approves regulations implementing Catch Sharing
Plans (CSPs) for Areas 2A and 4, and makes several minor regulatory
changes. This final rule is necessary to implement approved regulatory
changes for the halibut fishery in 1996. The intended effect of this
action is to enhance the conservation and growth of the Pacific halibut
stock in the northern Pacific Ocean and Bering Sea.
EFFECTIVE DATE: March 15, 1996.
ADDRESSES: NMFS Alaska Region, 709 W. 9th St., P.O. Box 21668, Juneau,
AK 99802-1668; or NMFS Northwest Region, Bldg. 1, 7600 Sand Point Way
NE, Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228, or Joe
Scordino, 206-526-6150.
SUPPLEMENTARY INFORMATION: The IPHC has implemented regulations
governing the Pacific halibut fishery in 1996, under the Convention
between the United States and Canada for the Preservation of the
Halibut Fishery of the Northern Pacific Ocean and Bering Sea
(Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended
by a Protocol Amending the Convention (signed at Washington, D.C., on
March 29, 1979). The IPHC regulations have been approved by the
Secretary of State of the United States under section 4 of the Northern
Pacific Halibut Act (Halibut Act, 16 U.S.C. 773-773k). Except for the
changes described below, the approved regulations for the 1996 fishery
are the same as those for the 1995 fishery (60 FR 14651, March 20,
1995). The catch limit for each of the IPHC regulatory areas remains
unchanged. Substantive changes include: (1) New fishing periods in Area
2A, (2) revision of the prohibition on mutilating halibut, (3) revision
of the logbook requirement, (4) new requirements for fishing in
multiple regulatory areas, (5) new vessel clearance requirements for
Area 4, and (6) a new possession limit in the Area 2B sport fishery.
In addition, this action implements the CSPs for regulatory Areas
2A and 4. These CSPs were developed respectively by the Pacific Fishery
Management Council (PFMC) and the North Pacific Fishery Management
Council (NPFMC) under authority of the Halibut Act. Section 5 of the
Halibut Act (16 U.S.C. 773c) provides that the Secretary of Commerce
(Secretary) shall have general responsibility to carry out the Halibut
Convention (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.
The Secretary's authority has been delegated to the Assistant
Administrator for Fisheries, NOAA. Section 5 of the Halibut Act (16
U.S.C. 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. Pursuant to this authority, NMFS requested the PFMC and
NPFMC to allocate halibut catches should such allocation be necessary.
IPHC Regulations
On behalf of the IPHC, the approved IPHC regulations are published
in the Federal Register to provide notice of
[[Page 11338]]
their effectiveness and to inform persons subject to the regulations of
the restrictions and requirements. The IPHC held its Annual Meeting on
January 22-25, 1996, in Bellevue, WA, and adopted regulations for 1996.
The substantive changes to the IPHC regulations are discussed below.
Area 2A Fishing Periods
In Area 2A, six 10-hour fishing periods for the non-treaty directed
commercial fishery are specified at Sec. 301.7(b) for July 10, July 24,
August 14, August 28, September 11, and September 25, 1996. All fishing
periods will begin at 8 a.m. and end at 6 p.m. local time unless
announced otherwise, and will be further restricted by fishing period
limits announced by the IPHC.
Prohibition Against Mutilating Halibut
IPHC regulations at Sec. 301.12 specify minimum size limits for
halibut taken in the commercial fishery, and further prohibit the
mutilation of halibut in a manner that prevents authorized officers
from determining whether the halibut complies with those minimum size
limits. To improve enforcement of the minimum size limits, the IPHC
amended these regulations at Sec. 301.12(b)(2) to prohibit possession
of filleted halibut on board vessels. The IPHC also amended these
regulations to address an industry request to remove and freeze halibut
cheeks on board vessels. Paragraph 301.12(b)(1) now authorizes
possession on board vessels of halibut cheeks cut from halibut caught
by persons authorized to process that halibut on board in accordance
with NMFS regulations implementing the individual fishing quota (IFQ)
program for the halibut fishery in and off Alaska.
Logbooks
The commercial fishery logbook required by Sec. 301.15 now may be
kept in groundfish daily fishing logbooks provided by NMFS pursuant to
50 CFR parts 672 and 675. Before this change, IPHC regulations required
commercial halibut fishermen to keep their halibut logbooks separate
from other records maintained on board the vessel.
Fishing in Multiple Regulatory Areas
The IPHC collects halibut stock data, by regulatory area, from
halibut landed in the commercial fishery to carry out its stock
assessment and conservation responsibilities. Fishermen harvesting
halibut in Areas 2C, 3, and 4 under the IFQ regulations increasingly
are taking advantage of the longer, slower-paced fishery by fishing in
more than one regulatory area during a single fishing trip. The IPHC is
concerned that this practice eventually could degrade stock data
collected at landing for each regulatory area. Consequently, the IPHC
developed new regulations at Sec. 301.17 restricting the practice of
fishing in more than one regulatory area during a fishing trip. Halibut
caught in Areas 2C, 3A, and 3B may be possessed on board a vessel at
the same time only if the operator of the vessel has a NMFS-certified
observer aboard as required by the IFQ regulations published at 50 CFR
part 676. Halibut caught in the more remote Areas 4A, 4B, 4C, and 4D
may be possessed aboard a vessel at the same time only if the operator
of the vessel has a NMFS-certified observer on board whenever halibut
caught from more than one of those regulatory areas is on board.
Moreover, halibut caught in more than one regulatory area may be
possessed on board a vessel only if the operator can identify the
regulatory area in which each halibut on board was caught. The
regulations do not specify any single method of identifying the halibut
by area, but suggest that identification may be accomplished by
separating the catch in the hold or by tagging each fish according to
the area of harvest.
Area 4 Vessel Clearances
IPHC regulations at Sec. 301.14 implement some modifications in the
vessel clearance requirements for vessels fishing in Area 4. Any vessel
that is used to fish for halibut only in Area 4A and lands its total
annual halibut catch at a port within Area 4A is exempt from all
clearance requirements. Any vessel that is used to fish for halibut
only in Area 4B, 4C, or 4D/4E and lands its total annual halibut catch
at a port within the area in which the vessel fished continues to be
exempt from the clearance requirements. Vessel clearances required
prior to fishing in Areas 4C and 4D may be obtained only in St. Paul or
St. George. Vessel clearances required at the completion of fishing in
Areas 4C and 4D may be obtained at St. Paul, St. George, Dutch Harbor,
or Akutan. The clearances obtained at St. Paul or St. George may be
obtained via VHF radio provided visual identification of the vessel can
be confirmed from shore. Clearance requirements for Areas 4A and 4B are
unchanged from 1995.
IPHC regulations at Sec. 301.14(i) provide that vessels that fish
in more than one regulatory area within Area 4 during the same trip, as
authorized by Sec. 301.17(c), are exempt from the general clearance
requirements of Sec. 301.14(a). However, before beginning to fish and
before unloading halibut, these vessels must obtain clearances in Dutch
Harbor, Akutan, St. George, St. Paul, or Nazan Bay on Atka Island.
Area 2B Sport Fishery Possession Limit
IPHC regulations at paragraphs 301.22 (h) and (i) are changed to
increase the possession limit in waters off the coast of British
Columbia from two to three halibut.
Catch Sharing Plan for Area 2A
The PFMC has prepared CSPs since 1988 to allocate the halibut catch
limit for Area 2A among treaty Indian, non-Indian commercial, and non-
Indian sport fisheries in and off Washington, Oregon, and California.
For 1995 and beyond, NMFS implemented a long-term CSP (60 FR 14651,
March 20, 1995) recommended by the PFMC that was published at 50 CFR
301.23 (redesignated 301.24 by this notice). After reviewing the
conduct of the halibut fisheries in Area 2A under the first year of the
long term CSP, the PFMC recommended several revisions to the CSP
affecting sport fishery subareas in Washington and management of
incidental halibut harvest in the salmon troll fishery. Further, the
long term CSP only provided sport fishery structuring for the area off
Oregon for 1995, and the PFMC recommended provisions in the CSP to
apply over the long term to Oregon sport fishery subareas. In addition,
in accordance with the CSP, the PFMC made recommendations on the
specific seasons, dates, and other management measures in the sport
fisheries necessary to implement the CSP in 1996. A complete
description of the PFMC recommendations and proposed changes to the CSP
and implementing regulations were published at (61 FR 2782, January 29,
1996) with a request for public comments. No comments were received on
the proposed changes to the CSP, and NMFS approves the changes to the
CSP at Secs. 301.24(e)(1), (3), and (f)(1) (i), (iii), (v) and (vi).
In accordance with the CSP, the Washington Department of Fish and
Wildlife (WDFW) held a public workshop on February 1, 1996, (after the
IPHC set the Area 2A quota) to develop recommendations on the opening
dates and weekly structure of the sport fisheries in Washington. The
WDFW sent NMFS a letter on February 12, 1996 advising on the outcome of
the workshop and recommended only one change to the proposed
regulations on sport fisheries. In the Puget Sound sport fishery
subarea, WDFW recommends that the fishing season open on May 23 and
continue through July 27. NMFS
[[Page 11339]]
agrees with this recommendation and the final regulation at
Sec. 301.22(d)(2)(i)(A) has been modified.
The CSP also stipulates that the treaty Indian tribes will estimate
their ceremonial and subsistence (C&S) harvest expectations in January
of each year, and the remainder of the tribal allocation will be for
the tribal commercial fishery. On January 24, 1996, the tribes advised
NMFS that the C&S harvest expectation for 1996 is 14,000 lb (6.35 mt).
The regulations as shown herein at 50 CFR 301.21 (d) and (g) therefore
have a tribal commercial quota of 168,000 lb (76.2 mt) and a year-round
C&S fishery that is expected to harvest 14,000 lb (6.35 mt).
Catch Sharing Plan for Area 4
The NPFMC developed a CSP to apportion the IPHC's catch limit for
Area 4 among subareas 4A, 4B, 4C, 4D, and 4E in and off the State of
Alaska. NMFS published the proposed CSP for Area 4 on January 30, 1996
(61 FR 2992). The rationale for the CSP for Area 4 is discussed in the
proposed CSP. No comments on the proposed CSP were received from the
public or from other government agencies. No changes from the proposed
CSP are made in the final CSP, which is adopted as follows:
Introduction: This CSP constitutes a framework that applies to the
annual Area 4 catch limit established by the IPHC. The purpose of the
CSP is to establish subareas within Area 4, and to provide for the
apportionment of the Area 4 catch limit among the subareas as necessary
to carry out the objectives of the IFQ and CDQ programs that allocate
halibut among U.S. fishermen. The IPHC, consistent with its
responsibilities, implemented the measures specified in this CSP at its
annual meeting in January 1996, based on an assumption that the CSP
would be approved by NMFS. This CSP will continue in effect until
amended by the NPFMC or superseded by action of the IPHC.
Area 4 subareas: Regulatory Areas 4A, 4B, 4C, 4D, and 4E will be
established as they are defined currently at paragraphs (f), (g), (h),
(i), and (j), respectively, at Sec. 301.6. For the convenience of the
reader, definitions of these subareas are set out as follows:
Area 4A includes all waters in the Gulf of Alaska west of Area 3B
defined in Sec. 301.6(e) and in the Bering Sea west of the closed area,
defined in Sec. 301.9, that are east of 172 deg.00'00'' W. long. and
south of 56 deg.20'00'' N. lat.
Area 4B includes all waters in the Bering Sea and the Gulf of
Alaska west of Area 4A and south of 56 deg.20'00'' N. lat.
Area 4C includes all waters in the Bering Sea north of Area 4A and
north of the closed area defined in Sec. 301.9, that are east of
171 deg.00'00'' W. long., south of 58 deg.00'00'' N. lat., and west of
168 deg.00'00'' W. long.
Area 4D includes all waters in the Bering Sea north of Areas 4A and
4B, north and west of Area 4C, and west of 168 deg.00'00'' W. long.
Area 4E includes all waters in the Bering Sea north and east of the
closed area defined in Sec. 301.9, east of 168 deg.00'00'' W. long.,
and south of 65 deg.34'00'' N. lat.
Catch limit apportionments: Apportionments of the Area 4 catch
limit specified annually by the IPHC are as follows:
Subarea 4A...................................................33 percent
Subarea 4B...................................................39 percent
Subarea 4C...................................................13 percent
Subarea 4D...................................................13 percent
Subarea 4E....................................................2 percent
An exception to this CSP apportionment schedule is provided when
the Area 4 catch limit is greater than 5,920,000 lb (2,685.3 metric
tons (mt)) and less than or equal to 6,000,000 lb (2,721.6 mt). In this
event, the amount of the Area 4 catch limit that is greater than
5,920,000 lb (2,685.3 mt) but less than or equal to 6,000,000 lb
(2,721.6 mt) would be assigned to subarea 4E. The amount of the Area 4
catch limit that is greater than 6,000,000 lb (2,721.6 mt) would be
distributed among all Area 4 subareas according to the CSP
apportionment schedule.
Example 1: If the IPHC specifies the Area 4 catch limit to be
5,980,000 lb (2,712.5 mt), then 5,920,000 lb (2,685.3 mt) would be
distributed among the Area 4 subareas according to the CSP
apportionment schedule, and 60,000 lb (27.2 mt) would be added to
subarea 4E as follows:
------------------------------------------------------------------------
Subarea lb mt
------------------------------------------------------------------------
4A................ .33 x 5,920,000....... = 1,953,600 886.1
4B................ .39 x 5,920,000....... = 2,308,800 1,047.3
4C................ .13 x 5,920,000....... = 769,600 349.1
4D................ .13 x 5,920,000....... = 769,600 349.1
4E................ .02 x 5,920,000+60,000 = 178,400 80.9
Totals...... 1.00.................. .. 5,980,000 2,712.5
------------------------------------------------------------------------
Example 2: If the IPHC specifies the Area 4 catch limit to be
6,100,000 lb (2,766.9 mt), then 5,920,000 lb (2,685.3 mt) plus the
amount that is greater than 6,000,000 lb (2,721.6 mt) (i.e., 100,000 lb
(45.4 mt)) would be distributed among the Area 4 subareas according to
the CSP apportionment schedule, and the 80,000 lb (36.3 mt) remainder
would be added to subarea 4E as follows:
------------------------------------------------------------------------
Subarea lb mt
------------------------------------------------------------------------
4A................ .33 x 6,020,000....... = 1,986,600 901.1
4B................ .39 x 6,020,000....... = 2,347,800 1,064.9
4C................ .13 x 6,020,000....... = 782,600 355.0
4D................ .13 x 6,020,000....... = 782,600 355.0
4E................ .02 x 6,020,000+80,000 = 200,400 90.9
Totals............ 1.00.................. .. 6,100,000 2,766.9
------------------------------------------------------------------------
Classification
IPHC Regulations
Because approval by the Secretary of State of the IPHC regulations
is a foreign affairs function, Jensen v. National Marine Fisheries
Service, 512 F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553 of the
Administrative Procedure Act (APA) does not apply to this notice of the
effectiveness and content of the IPHC regulations. Because proposed
rulemaking is not required, the preparation of a regulatory flexibility
analysis is not required.
[[Page 11340]]
CSP for Area 2A
This action has been determined to be not significant for purposes
of E.O. 12866.
NMFS finds under 5 U.S.C. 553(d)(3) of the APA that good cause
exists for waiving the 30-day delayed-effectiveness period for the
implementation of the Area 2A CSP. It would be contrary to the public
interest to disrupt the tribal halibut commercial fishery, which opens
on March 15, 1996.
CSP for Area 4
Copies of the Environmental Assessment/Regulatory Impact Review
prepared for the CSP are available (see ADDRESSES).
This final rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS finds under 5 U.S.C. 553(d)(3) of the APA that good cause
exists for waiving the 30-day delayed-effectiveness period for the
implementation of the Area 4 CSP. It would be contrary to the public
interest to disrupt the halibut commercial fishery, which open on March
15, 1996.
List of Subjects in 50 CFR Part 301
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: March 13, 1996.
C. Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 301 is amended
as follows:
PART 301--PACIFIC HALIBUT FISHERIES
1. The authority citation for 50 CFR part 301 continues to read as
follows:
Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.
2. In Sec. 301.3, paragraph (h) is revised, paragraphs (i), (j),
(k), (l), (m), (n), and (o) are redesignated (j), (k), (l), (m), (n),
(o), and (p), respectively, and new paragraph (i) is added, to read as
follows:
Sec. 301.3 Licensing vessels.
* * * * *
(h) A vessel operating in the directed commercial fishery in Area
2A must have its ``Application for Vessel License for the Halibut
Fishery'' form postmarked no later than 11:59 p.m. on April 30, or the
first weekday in May if April 30 is a Saturday or a Sunday.
(i) A vessel operating in the incidental commercial fishery during
the salmon troll season in Area 2A must have its ``Application for
Vessel License for the Halibut Fishery'' form postmarked no later than
11:59 p.m. on March 31, or the first weekday in April if March 31 is a
Saturday or Sunday.
* * * * *
3. In Sec. 301.5, paragraphs (b), (c), (d), (e), and (f) are
revised to read as follows:
Sec. 301.5 Application.
* * * * *
(b) Section 301.6 through 301.20 apply to commercial fishing for
halibut.
(c) Section 301.21 applies to the U.S. treaty Indian tribal fishery
in Area 2A-1.
(d) Section 301.22 applies to sport fishing for halibut.
(e) Section 301.23 applies to non-Indian commercial and sport
fishing for halibut in Area 2A.
(f) Section 301.24 applies to all fishing for halibut in Area 2A.
* * * * *
4. In Sec. 301.7, paragraphs (b) and (c) are revised to read as
follows:
Sec. 301.7 Fishing periods.
* * * * *
(b) Each fishing period in the Area 2A directed fishery south of
46 deg.53'18'' N. lat. shall begin at 0800 hours and terminate at 1800
hours local time on July 10, July 24, August 14, August 28, September
11, and September 25, unless the Commission specifies otherwise.
(c) Notwithstanding paragraph (b) of this section and
Sec. 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 Sec. 301.22(d)(3)(iii).
* * * * *
5. In Sec. 301.8, paragraph (c) is revised to read as follows:
Sec. 301.8 Closed periods.
* * * * *
(c) Subject to Sec. 301.18 (g) and (h), fishing is not prohibited
for any species of fish other than halibut during the closed periods.
* * * * *
6. In Sec. 301.10, paragraphs (a) and (b) are revised to read as
follows:
Sec. 301.10 Catch Limits.
(a) The total allowable catch of halibut to be taken during the
halibut fishing periods specified in Sec. 301.7 shall be limited to the
weight expressed in pounds or metric tons shown in the following table.
------------------------------------------------------------------------
Catch limits
------------------------
Regulatory area Metric
Pounds tons
------------------------------------------------------------------------
2A............................................. 107,120 49
2B............................................. 9,520,000 4,318
2C............................................. 9,000,000 4,082
3A............................................. 20,000,000 9,072
3B............................................. 3,700,000 1,678
4A............................................. 1,950,000 885
4B............................................. 2,310,000 1,048
4C............................................. 770,000 349
4D............................................. 770,000 349
4E............................................. 120,000 54
------------------------------------------------------------------------
(b) Notwithstanding paragraph (a) of this section, the catch limit
in Area 2A shall be divided between a directed halibut fishery to
operate south of 46 deg.53'18'' N. lat. during the fishing periods set
out in Sec. 301.7(b) and an incidental halibut catch fishery during the
salmon troll fishery in Area 2A described in Sec. 301.7(c). Inseason
actions to transfer catch between these fisheries may occur in
conformance with Sec. 301.24.
* * * * *
7. In Sec. 301.12, paragraph (b) is revised to read as follows:
Sec. 301.12 Size limits.
* * * * *
(b) No person shall possess on board a vessel a halibut that has
been mutilated or otherwise disfigured in any manner that prevents
determination of whether the halibut complies with the size limits
specified in this section, except that:
(1) This paragraph shall not prohibit the possession on board a
vessel of halibut cheeks cut from halibut caught by persons authorized
to process the halibut on board in accordance with NMFS regulations
published at 50 CFR part 676; and
(2) No person shall possess a filleted halibut on board a vessel.
* * * * *
8. Section 301.14 is revised to read as follows:
Sec. 301.14 Vessel clearance in Area 4.
(a) The operator of any vessel that fishes for halibut in Areas 4A,
4B, 4C, or 4D must obtain a vessel clearance before fishing in any of
these areas, and before the unloading of any halibut
[[Page 11341]]
caught in any of these areas, unless specifically exempted in
paragraphs (i), (l), (m), (n), or (o) of this section.
(b) The vessel clearance required under paragraph (a) of this
section prior to fishing in Area 4A may be obtained only at Dutch
Harbor or Akutan, AK, from an authorized officer of the United States,
a representative of the Commission, or a designated fish processor.
(c) The vessel clearance required under paragraph (a) of this
section prior to fishing in Area 4B may only be obtained at Nazan Bay
on Atka Island, AK, from an authorized officer of the United States, a
representative of the Commission, or a designated fish processor.
(d) The vessel clearance required under paragraph (a) of this
section prior to fishing in Areas 4C or 4D may be obtained only at St
Paul or St. George, AK, from an authorized officer of the United
States, a representative of the Commission, or a designated fish
processor by VHF radio and allowing the person contacted to confirm
visually the identity of the vessel.
(e) The vessel operator shall specify the specific regulatory area
in which fishing will take place.
(f) Before unloading any halibut caught in Area 4A, a vessel
operator may obtain the clearance required under paragraph (a) of this
section only in Dutch Harbor or Akutan, AK, by contacting an authorized
officer of the United States, a representative of the Commission, or a
designated fish processor.
(g) Before unloading any halibut caught in Area 4B, a vessel
operator may obtain the clearance required under paragraph (a) of this
section only in Nazan Bay on Atka Island, AK, either in person or by
contacting an authorized officer of the United States, a representative
of the Commission, or a designated fish processor by VHF radio and
allowing the person contacted to confirm visually the identity of the
vessel.
(h) Before unloading any halibut caught in Areas 4C or 4D, a vessel
operator may obtain the clearance required under paragraph (a) of this
section only in St. Paul, St. George, Dutch Harbor, or Akutan, AK,
either in person or by contacting an authorized officer of the United
States, a representative of the Commission, or a designated fish
processor. The clearances obtained in St. Paul or St. George, AK, can
be obtained by VHF radio and allowing the person contacted to confirm
visually the identity of the vessel.
(i) Any vessel operator who complies with the requirements in
Sec. 301.17 of this part for possessing halibut on board a vessel that
was caught in more than one regulatory area in Area 4 is exempt from
the clearance requirements of paragraph (a) of this section, but must
comply with the following requirements:
(1) The operator of the vessel must obtain a vessel clearance prior
to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul, St.
George, or Nazan Bay on Atka Island by contacting an authorized officer
of the United States, a representative of the Commission, or a
designated fish processor. The clearance obtained in St. Paul, St.
George, or Nazan Bay on Atka Island can be obtained by VHF radio and
allowing the person contacted to confirm visually the identity of the
vessel. This clearance will list the areas in which the vessel will
fish; and
(2) Before unloading any halibut from Area 4, the vessel operator
must obtain a vessel clearance from Dutch Harbor, Akutan, St. Paul, St.
George, or Nazan Bay on Atka Island by contacting an authorized officer
of the United States, a representative of the Commission, or a
designated fish processor. The clearance obtained in St. Paul, St.
George, or Nazan Bay on Atka Island can be obtained by VHF radio and
allowing the person contacted to confirm visually the identity of the
vessel.
(j) Vessel clearances shall be obtained between 0600 and 1800
hours, local time.
(k) No halibut shall be on board the vessel at the time of
clearances required prior to fishing in Area 4.
(l) Any vessel that is used to fish for halibut only in Area 4A and
lands its total annual halibut catch at a port within Area 4A is exempt
from the clearance requirements of paragraph (a) of this section.
(m) Any vessel that is used to fish for halibut only in Area 4B and
lands its total annual halibut catch at a port within Area 4B is exempt
from the clearance requirements of paragraph (a) of this section.
(n) Any vessel that is used to fish for halibut only in Area 4C and
lands its total annual halibut catch at a port within Area 4C is exempt
from the clearance requirements of paragraph (a) of this section.
(o) Any vessel that is used to fish for halibut only in Areas 4D
and 4E and lands its total annual halibut catch at a port within Areas
4D, 4E, or the closed area defined at Sec. 301.9 is exempt from the
clearance requirements of paragraph (a) of this section.
9. In Sec. 301.15, paragraph (b)(1) is revised to read as follows:
Sec. 301.15 Logs.
* * * * *
(b) * * *
(1) Separate from other records maintained on board the vessel or
recorded in groundfish daily fishing logbooks provided by NMFS.
* * * * *
10. Sections 301.17 through 301.24 are redesignated as Secs. 301.18
through 301.25, and a new Sec. 301.17 is added to read as follows:
Sec. 301.17 Fishing multiple regulatory areas.
(a) Except as provided in this section, no person shall possess at
the same time on board a vessel halibut caught in more than one
regulatory area.
(b) Halibut caught in regulatory Areas 2C, 3A, and 3B may be
possessed on board a vessel at the same time providing the operator of
the vessel:
(1) Has a NMFS-certified observer aboard when required by NMFS
regulations at 50 CFR part 676; and
(2) Can identify the regulatory area in which each halibut on board
was caught by separating halibut from different areas in the hold,
tagging halibut, or by other means.
(c) Halibut caught in regulatory areas 4A, 4B, 4C, and 4D may be
possessed aboard a vessel at the same time providing the operator of
the vessel:
(1) Has a NMFS-certified observer on board the vessel when halibut
caught in different regulatory areas are on board; and
(2) Can identify the regulatory area in which each halibut on board
was caught by separating halibut from different areas in the hold,
tagging halibut, or by other means.
11. In newly redesignated Sec. 301.21, paragraphs (d), (f), and (g)
are revised to read as follows:
Sec. 301.21 Fishing by U.S. treaty Indian tribes.
* * * * *
(d) Commercial fishing for halibut by treaty Indians is permitted
only in subarea 2A-1 with hook-and-line gear from March 15 through
November 15, or until 168,000 lb (76.2 mt) are taken by treaty Indians,
whichever occurs first.
* * * * *
(f) Commercial fishing for halibut by treaty Indians shall comply
with the provisions of Secs. 301.12, 301.13, 301.15, and 301.18, 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 by treaty
Indians in
[[Page 11342]]
subarea 2A-1 is permitted with hook-and-line gear from January 1
through December 31, and is estimated to take 14,000 lb (6.35 mt).
* * * * *
12. In newly redesignated Sec. 301.22, paragraphs (d)(2)(i) through
(d)(2)(vii) are revised, paragraphs (i) through (o) are redesignated as
paragraphs (j) through (p) respectively, new paragraph (i) is added,
and paragraphs (h) through (p) are revised to read as follows:
Sec. 301.22 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 deg.35'44'' N. lat., 124 deg.43'00'' W.
long.) to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat.,
124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30''
N. lat., 124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N.
lat., 124 deg.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 23 through July 27, 5 days a week
(Thursday through Monday).
(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 deg.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 deg.18'00'' N.
lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat., 124 deg.59'00''
W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W. long.; and,
48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.
(iii) In the area between the Queets River, WA and Leadbetter
Point, WA (46 deg.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 this closure, 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
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 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. is closed
to sport fishing for halibut.
(iv) In the area between Leadbetter Point, WA and Cape Falcon, OR
(45 deg.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 deg.01'08'' N. 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 deg.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).
* * * * *
(h) The possession limit for halibut in the waters off the coast of
British Columbia is three halibut.
(i) The possession limit for halibut in the waters off Washington,
Oregon, and California is the same as the daily bag limit.
[[Page 11343]]
(j) The possession limit for halibut on land in Area 2A north of
Cape Falcon, OR is two daily bag limits.
(k) The possession limit for halibut on land in Area 2A south of
Cape Falcon, OR is one daily bag limit.
(l) Any halibut brought on board a vessel and not immediately
returned to the sea with a minimum of injury will be included in the
daily bag limit of the person catching the halibut.
(m) No person shall be in possession of halibut on a vessel while
fishing in a closed area.
(n) No halibut caught by sport fishing shall be offered for sale,
sold, traded, or bartered.
(o) No halibut caught in sport fishing shall be possessed on board
a vessel when other fish or shellfish on board the said vessel are
destined for commercial use, sale, trade, or barter.
(p) The operator of a charter vessel shall be liable for any
violations of this part committed by a passenger aboard said vessel.
* * * * *
13. In newly redesignated Sec. 301.23, paragraphs (a) and (b) are
revised to read as follows:
Sec. 301.23 Fishing 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 Sec. 301.22;
(2) The commercial directed fishery for halibut during the fishing
period(s) established in Sec. 301.7(b); or
(3) The incidental catch fishery during the salmon troll fishery as
authorized in Sec. 301.7(c).
(b) No person shall fish for halibut in the recreational fishery in
Area 2A under Sec. 301.22 from a vessel that has been used during the
same calendar year for commercial halibut fishing in Area 2A or that
has been issued a permit for the same calendar year for the commercial
halibut fishery in Area 2A.
* * * * *
14. In newly redesignated Sec. 301.24, paragraphs (a), (e)(1),
(e)(3), (f)(1)(i), (iii), (v), (vi), and (g) are revised to read as
follows:
Sec. 301.24 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 Secs. 301.1 through 301.23.
* * * * *
(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 Pacific Fishery Management Council (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 Sec. 301.22(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 non-
Indian 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, or the first weekday in May, if
April 30 falls on a weekend, 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: From
Bonilla Point (48 deg.35'44'' N. lat., 124 deg.43'00'' W. long.) to the
buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat., 124 deg.44'50''
W. long.) to Tatoosh Island lighthouse (48 deg.23'30'' N. lat.,
124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N. lat.,
124 deg.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
[[Page 11344]]
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 deg.31'42'' N. lat.) and north of
Leadbetter Point (46 deg.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 deg.00'00'' N. lat. and east of
124 deg.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 deg.31'42'' N. lat.), west of 124 deg.40'00'' W. long.
and north of 47 deg.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 deg.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 deg.01'08'' N. lat.) to the California
border (42 deg.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.
* * * * *
(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. 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 by NMFS in accordance with Sec. 301.22(d)(3).
[FR Doc. 96-6631 Filed 3-15-96; 2:54 pm]
BILLING CODE 3510-22-W