[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Proposed Rules]
[Pages 382-384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 961217359-6359-01; I.D. 121196B]
RIN 0648-AJ11
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.
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SUMMARY: NMFS proposes to approve and implement revisions to the Catch
Sharing Plan (Plan) for sport harvests of Pacific halibut off Oregon
under authority of the Northern Pacific Halibut Act of 1982 (Halibut
Act). NMFS also proposes sport fishery regulations to implement the
Plan in 1997. The proposed rule is intended to carry out the objectives
of the Plan for 1997.
DATES: Comments on the changes to the Plan must be received by January
19, 1997; comments on the proposed sport fishery regulations must be
received by February 15, 1997.
ADDRESSES: Send comments or requests for the Plan 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 International Pacific Halibut
Commission (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 each year since 1988 by the Pacific
Fishery Management Council (Council) in accordance with the Halibut
Act. In 1995, NMFS implemented a Council-recommended long-term Plan (60
FR 14651, March 20, 1995) which was revised in 1996 (61 FR 11337, March
20, 1996). 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 two
sectors; a directed (traditional longline) commercial fishery that is
allocated 85 percent of the 31.7 percent (26.945 percent of the non-
Indian commercial harvest), and incidental (troll salmon) commercial
fishery is allocated 15 percent of the 31.7 percent (4.755 percent of
the non-Indian commercial harvest). 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 areas each with separate allocations, seasons,
and bag limits.
Proposed Changes to the Plan
At its August 1996 public meeting, the Council adopted, for public
comment, proposed changes to the Plan on: (1) Re-structuring the Oregon
sport fisheries from quota managed seasons to fixed-length seasons that
are determined and set preseason, and (2) deleting the rollover
provisions for unused quota in the commercial incidental halibut catch
(salmon troll) fishery. At its October 1996 public meeting, the Council
made final recommendations for modifying the Plan to restructure the
May and August seasons in the Oregon Central Coast subarea sport
fishery (Cape Falcon to Florence north jetty) from a quota managed to a
fixed-length season fishery. At the request of the Oregon Department of
Fish and Wildlife (ODFW), the Oregon South Coast subarea sport fishery
in May was not recommended for modification based on input from sport
users in that area; however, the August season, which is combined with
the Central Coast subarea, was recommended for modification to a fixed-
length season. The commercial, incidental halibut catch (salmon troll)
fishery was not recommended for change because of the Council's desire
to maintain its original intent in the Plan to roll over any remaining
quota not incidentally harvested during the May/June chinook salmon
troll fishery to the directed commercial (longline) fishery.
NMFS is proposing to implement the Council-recommended changes to
the Plan.
Proposed Revised Section of the Plan for the Oregon Sport Fisheries
Oregon Central Coast Subarea
If the Area 2A TAC is 388,350 lb (176.2 mt) and greater, this
Oregon Central Coast subarea extends from Cape Falcon to the Siuslaw
River at the Florence north jetty (44 deg.01'08'' N. lat.) and the
sport fishery 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 less than 388,350 lb (176.2 mt), this subarea extends from Cape
Falcon to the California border and the sport fishery is allocated 95.4
percent of the Oregon/California sport allocation. The structuring
objectives for this subarea are to provide two fixed-length periods of
fishing opportunity in May and in August in productive deeper water
areas along the coast, principally for charter and larger private boat
anglers, and provide a period of fishing opportunity in the summer for
nearshore waters for small boat anglers. Fixed-length seasons will be
established preseason for the May and August openings and will not be
modified inseason. The average catch per day observed in the previous 3
years in May and August will be used to estimate the number of open
days for each fixed season. ODFW will monitor landings and provide a
post-season estimate of catch within 2 weeks of the end of the fixed
season. If sufficient
[[Page 383]]
catch remains for an additional day of fishing after the May season or
the August season, openings will be provided in May and August
respectively. Potential additional open dates for both the May and
August seasons will be announced preseason. If a decision is made
inseason to allow fishing on one or more of these additional dates,
notice of the opening will be announced on the NMFS hotline (206) 526-
6667 or (800) 662-9825. No halibut fishing will be allowed on the
additional dates unless the opening date has been announced on the NMFS
hotline. Any poundage remaining unharvested in the subquotas from
earlier seasons will be added to the next season. 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. ODFW will sponsor a public workshop shortly after the IPHC
annual meeting to develop recommendations to NMFS on the opening dates
for each season each year. The three seasons for this subarea are as
follows.
1. The first season is an all-depth fishery that begins in mid-May
and is allocated 68 percent of the subarea quota. Fixed season dates
will be established preseason based on projected catch per day and
number of days to achievement of the subquota for this first season. No
inseason adjustments will be made, except that additional opening days
(established preseason) may be allowed if any quota for this season
remains unharvested. The fishery will be open 2 days per week (Friday
and Saturday) if the season is for 4 or fewer fishing days. The fishery
will be open 3 days per week (Thursday through Saturday) if the season
is for 5 or more fishing days.
2. The second season opens the day following closure of the first
season, only in waters inside the 30-fathom (55-m) curve, and continues
daily until 7 percent of the subarea quota is taken, or until early
August, whichever is earlier.
3. The last season is a coastwide (Cape Falcon to Oregon/California
border) all-depth fishery that begins in early August and is allocated
25 percent of the subarea quota. Fixed season dates will be established
preseason based on projected catch per day and number of days to
achievement of the combined Oregon subarea quotas south of Cape Falcon.
No inseason adjustments will be made, except that additional opening
days (established preseason) may be allowed if quota remains
unharvested. The fishery will be open 2 days per week (Friday and
Saturday).
Oregon South Coast Subarea
If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this Oregon
South Coast 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 the sport fishery 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 less than 388,350 lb (176.2 mt),
this subarea will be included in the Oregon Central Coast 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. The first
and second seasons will be managed for a quota, and a fixed-length
season will be established preseason for the August coastwide season
(Cape Falcon to Oregon/California border). The average catch per day
observed in the previous 3 years fisheries in August would be used to
estimate the number of days for the fixed season. Any poundage
remaining in the subquotas from earlier seasons would be added to the
next season. Additional open dates may be allowed after the August
fixed-length season if sufficient quota remains for an additional day
of fishing. If a decision is made inseason to allow fishing on one or
more of these additional dates, notice of the opening will be announced
on the NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut
fishing will be allowed on the additional dates unless the opening date
has been announced on the NMFS hotline. Additional open dates will be
announced preseason. 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. ODFW will sponsor
a public workshop shortly after the IPHC annual meeting to develop
recommendations to NMFS on the opening dates for each season each year.
The three seasons for this subarea are as follows:
1. The first season is an all-depth fishery that begins in May and
continues at least 3 days per week (dependent on TAC) until 80 percent
of the subarea quota is taken.
2. The second season opens the day following closure of the first
season, only in waters inside the 30-fathom (55 m) curve, and continues
daily until the subarea quota is estimated to have been taken, or early
August, whichever is earlier.
3. The last season is a coastwide (Cape Falcon to Oregon/California
border) all-depth fishery that begins in early August. Fixed season
dates will be established preseason based on projected catch per day
and number of days to achievement of the combined Oregon subarea quotas
south of Cape Falcon. No inseason adjustments will be made, except that
additional opening days (established preseason) may be allowed if quota
remains unharvested. The fishery will be open 2 days per week (Friday
and Saturday).
Proposed Sport Fishery Regulations
This document also proposes sport fishery regulations necessary to
implement the Plan in 1997. These proposed sport fishery regulations
are based on the 1996 Area 2A TAC of 520,000 lb (235.9 mt). Many of the
proposed sport fishing regulations are the same as the 1996
regulations, which were published on March 20, 1996 (61 FR 11337). It
is unknown at this time what the 1997 TAC will be, but information
available from IPHC indicates the TAC will likely be greater than 1996.
If the 1997 TAC is greater than 1996, the proposed sport regulations
will be revised in a final rule as described in the Plan. The final TAC
will be determined by the IPHC at its annual meeting in January 1997.
The proposed sport fishing regulations for 1997 by subarea based on the
1996 TAC of 520,000 lb (235.9 mt), are as follows:
Washington Inside Waters Subarea (Puget Sound and Straits)
The proposed sport regulations for this subarea are similar to
1996, except that the season is reduced by 2 weeks, because the catch
rate in 1996 was greater than predicted preseason in 1996. The proposed
fishing season would be open from May 23 through July 13, 5 days a week
(Thursday through Monday). If the 1997 TAC is greater than 1996, the
season length and/or days open per week will likely increase. The final
determination of the season dates that will be open will be based on
the allowable harvest level, estimated catch rates, and recommendations
developed in a public workshop sponsored by Washington Department of
Fish and Wildlife after the 1997 TAC is set by the IPHC.
Washington North Coast Subarea (north of the Queets River)
The proposed sport regulations for this subarea are the same as
1996 with a May 1 opening and continuing 5 days per week (Tuesday
through Saturday) until the quota is taken. If the 1997 TAC is the same
as 1996, the quota for this
[[Page 384]]
subarea would likely be reached by the end of May. If the 1997 TAC is
greater than 1996, the Plan stipulates that the second priority (after
a 5-days-per-week season in May) is to reopen the fishery on July 1 and
continue through at least July 4. The next priority in the Plan, if the
TAC is sufficient, is to increase the May season to 7 days per week and
continue into June.
Washington South Coast Subarea
The proposed sport regulations for this subarea are the same as
1996 with a May 1 opening and continuing 7 days per week until 1,000 lb
(0.45 mt) remain in the quota, and then would reopen as a nearshore
fishery until the remaining quota is taken, or September 30, whichever
occurs first. The Plan does not stipulate any change in the structuring
of this season if the 1997 TAC is greater than 1996.
Columbia River Subarea
The proposed sport regulations for this subarea are the same as
1996 with a May 1 opening and continuing 7-days per week until the
quota is reached or September 30, whichever occurs first. The Plan does
not stipulate any change in the structuring of this season if the 1997
TAC is greater than 1996.
Oregon Central Coast Subarea
The proposed changes to the Plan would change the structuring for
the May and August seasons in this area to fixed-seasons. With an Area
2A TAC of 520,000 lb (235.9 mt), the May opening would be a 5-day
fishery with a 3-day season from May 8 through May 10, and a 2-day
season on May 16 and 17. If sufficient quota remains after this season
for additional days fishing, the open dates would be May 31, then May
30, then May 29. The 30-fathom fishery would open on May 18 and
continue until July 31 or attainment of quota for this season. The
August coastwide unrestricted-depth fishery (Cape Falcon to Oregon/
California border) would be a 2-day season on August 1 and 2. If
sufficient quota remains after this season for additional days fishing,
the open dates would be August 16, then August 15, then August 14. If
the 1997 TAC is greater than 1996, the May season may be more than 5
days, and the fishery would be open 3 days per week as described in the
above proposed changes to the Plan. The final determination of the
season dates will be based on the allowable harvest level, estimated
catch rates, and recommendations developed in a public workshop
sponsored by ODFW after the 1997 TAC is set by the IPHC.
Oregon South Coast Subarea
The proposed sport regulations for the first and second seasons are
the same as 1996 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 is taken or July 31,
whichever is earlier. The third coastwide (Cape Falcon to OR/CA border)
unrestricted depth season would be a 2-day season on August 1 and 2. If
sufficient quota remains after this season for additional days fishing,
the open dates would be August 16, then August 15, then August 14. The
Plan, as proposed to be changed (described above), does not stipulate
any change in the structuring of the seasons if the 1997 TAC is greater
than 1996. The final determination of the season opening dates will be
based on recommendations developed in a public workshop sponsored by
ODFW after the 1997 TAC is set by the IPHC.
California Subarea
The proposed sport regulations for this subarea are the same as
1996 with a May 1 opening and continuing 7-days per week until
September 30. The Plan does not stipulate any change in the structuring
of this season if the 1997 TAC is greater than 1996.
NMFS requests public comments on the Council's recommended
modifications to the Plan and the proposed sport fishing regulations.
The Area 2A TAC will be set by the IPHC at its annual meeting on
January 27-30, 1997. Comments on the proposed changes to the Plan are
requested by January 19, 1997 so that final changes to the Plan can be
approved before the IPHC meeting. Comments on the proposed sport
regulations are requested by February 15, 1997, 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. After the Area 2A TAC is known, and after NMFS
reviews public comments and comments from the States, NMFS will issue
final rules for the Area 2A Pacific halibut sport fishery concurrent
with the IPHC regulations for the 1997 Pacific halibut fisheries.
Copies of the Plan are available from NMFS (see ADDRESSES).
Classification
The proposed revisions to the Plan and sport 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 of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed action, if
adopted, would not have a significant economic impact on a substantial
number of small entities as follows:
The proposed revisions to the Catch Sharing Plan would not
change the allocation of the total allowable catch of Pacific
halibut between treaty and non-Indian fisheries, and among non-
Indian commercial and sport fisheries in International Pacific
Commission Statistical Area 2A (off Washington, Oregon, and
California). The proposed revisions, recommended by the Pacific
Fishery Management Council, would affect only the non-Indian sports
fishery and are intended to allow users to better utilize
allocations in the sport fisheries off Oregon.
Many of the proposed sport fishing regulations are similar to
those implemented in 1996 and are based on the Area 2A 1996 total
allowable catch of 520,000 pounds (235.9 metric tons) of Pacific
halibut. If the International Pacific Halibut Commission determines
that the 1997 total allowable catch for Area 2A is greater than the
1996 amount, the fishing seasons and open fishing dates could be
adjusted to provide for an increased sport fishery harvest. Any
increase in the 1997 total allowable catch would have a positive
economic impact on the sport fisheries.
Therefore, a regulatory flexibility analysis was not prepared.
This action has been determined to be not significant for purposes
of E.O. 12866.
Dated: December 27, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-6 Filed 1-2-96; 8:45 am]
BILLING CODE 3510-22-F