[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Proposed Rules]
[Pages 22826-22830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 99041610-9199-01; I.D. 031999C]
RIN 0648-AL18


Pacific Halibut Fisheries; Local Area Management Plan for the 
Halibut Fishery in Sitka Sound

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would establish a Local Area 
Management Plan (LAMP) for the halibut fishery in Sitka Sound, in the 
Gulf of Alaska. This action would affect persons fishing from 
commercial and charter vessels. This action would implement the North 
Pacific Fishery Management Council (Council) recommendation to prohibit 
halibut fishing in Sitka Sound by commercial fishing vessels greater 
than 35 ft (10.7 meters(m)) and, during June, July, and August, by 
commercial fishing vessels less than or equal to 35 ft (10.7 m) and 
charter vessels. This action is necessary to address the decreased 
availability of halibut in Sitka Sound (currently attributed to too 
many harvesters of halibut within a relatively small area) and is 
intended to promote the goals and objectives of the Council with 
respect to management of halibut in and off Alaska.

DATES: Comments must be received by May 28, 1999.
ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, 709 West 
9th Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 
99802, Attention: Lori J. Gravel. Copies of the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) for this action may be obtained from the above 
address.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Convention between the United States and 
Canada for the Preservation of the Halibut Fishery of the North Pacific 
Ocean and the Bering Sea (Convention), signed at Ottawa, Ontario, 
Canada, on March 2, 1953, and amended by a Protocol Amending the 
Convention, signed at Washington, D.C., United States of America, on 
March 29, 1979, authorizes the International Pacific Halibut Commission 
(Commission) to promulgate regulations for the conservation and 
management of the Pacific halibut fishery. Before these regulations 
would have any effect on U.S. fishermen, they must be approved by the 
Secretary of State of the United States pursuant to section 4 of the 
Northern Pacific Halibut Act (Halibut Act, 16 U.S.C. 773-773k) that 
executes the above Convention. The Halibut Act, in section 5, gives the 
Secretary of Commerce (Secretary) the general responsibility to carry 
out the Convention between the United States and Canada, and 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. 
The Secretary's authority has been delegated to the Assistant 
Administrator for Fisheries, NOAA. Section 5 of the Halibut Act also 
provides that the regional fishery management council having authority 
for the geographical area concerned may recommend management measures 
governing Pacific halibut catch in U.S. Convention waters that are in 
addition

[[Page 22827]]

to, but not in conflict with, regulations of the Commission.
    The Sitka (Alaska) Fish and Game Advisory Committee began the 
process necessary to develop a LAMP in 1995 to address the concerns of 
local residents about the decreased availability of halibut in Sitka 
Sound. The Chairman of the Sitka Fish and Game Advisory Committee 
appointed representatives of all major sectors participating in the 
Sitka Sound halibut fishery, including the commercial, sport, charter, 
and personal use fishermen, to the Sitka Halibut Task Force (Task 
Force).
    The Task Force determined that too many harvesters targeted halibut 
in Sitka Sound. The Commission has no data that support or refute 
localized depletion; however, local or anecdotal information indicates 
the opportunity for an individual fisherman to catch a halibut has 
greatly decreased due to increased competition. This increased 
competition among users is due to an increase in the number of guided 
charter vessels and the Individual Fishing Quota (IFQ) fishery that 
allows commercial fishing vessels to operate throughout the summer. The 
Task Force unanimously agreed to a statement of findings and a list of 
voluntary actions in May 1995.
    The Task Force was reconvened in January 1997 in response to 
Proposal 270 submitted by the Sitka Tribe of Alaska to the State of 
Alaska Board of Fisheries (BOF). Proposal 270 requested the BOF to take 
action to prohibit commercial and charter fishing for halibut, ling 
cod, rockfish, and other bottomfish in the Sitka Sound area. In 
February 1997, the BOF deferred the halibut proposal to the Council as 
the responsible body for developing regulations having domestic 
allocation of Pacific halibut as a primary purpose. The Council 
assigned the Task Force with the duty of developing a LAMP for halibut 
for Council action.
    The Task Force determined that the decreased availability of 
halibut in Sitka Sound due to excessive competition was diminishing the 
quality of life for local residents. The Task Force identified the 
following areas of concern: Status of the halibut stocks; increasing 
charter fishing effort; decreasing non-charter sport catch; decreasing 
commercial catches; and changes in commercial fishing patterns due to 
the IFQ program. The Task Force then created a proposed LAMP for Sitka 
Sound and submitted it to the Council.
    The Council directed its staff to prepare an EA/RIR/IRFA analyzing 
the Task Force's LAMP proposal. The Council approved the Task Force's 
proposal as the preferred alternative in February 1998. The Council's 
preferred alternative is the basis of this proposed rule. The following 
summarizes the preferred alternative.
    First, commercial vessels greater than 35 ft (10.7 m) overall 
length targeting halibut would be prohibited in the Sitka Sound area, 
defined as a line across Kakul Narrows at the Green Buoy and from a 
point on Chichagof Island to Kruzof Island adjacent to Sinitsin Island 
on the North, to the Sitka Salmon Derby Boundaries on the South.
    Second, commercial vessels less than or equal to 35 ft (10.7 m) in 
overall length targeting halibut would be prohibited from fishing for 
halibut in the Sitka Sound area during June, July, and August. A trip 
limit of 2000 lb (0.91 metric tons (mt)) of halibut would be in effect 
for commercial vessels less than or equal to 35 ft (10.7 m) in overall 
length targeting halibut in the Sitka Sound area during the designated 
IFQ season as specified in 15 CFR 300.26, except during the closed 
period of June, July, and August. The Sitka Sound area in this case is 
the same as that defined for commercial vessels greater than 35 ft 
(10.7 m) in overall length, except that the southern boundary would be 
a line from Sitka Point to Hanus Point, from Hanus Point to the Green 
Marker in Dorothy Narrows, and across to Baranof Island.
    Finally, during June, July, and August, charter vessels would be 
prohibited from fishing for halibut in the Sitka Sound area, defined 
the same as the closed area for commercial vessels less than or equal 
to 35 ft (10.7 m) in overall length. Operators of charter vessels could 
retain halibut harvested outside Sitka Sound when they are fishing for 
other species within Sitka Sound from June 1 through August 31. The 
charter vessel fleet considers the ability to retain halibut caught 
outside the closed area necessary because of the difficulties in off-
loading catch during a charter fishing trip. NMFS is particularly 
interested in receiving comments on this aspect of the proposed rule 
because of the difficulty in distinguishing between halibut caught 
outside the closed area and halibut that may have been caught within 
the closed area.
    The less restrictive southern boundary for charter vessels and 
commercial fishing vessels less than or equal to 35 ft (10.7 m) in 
overall length would allow them to fish in more protected waters during 
inclement weather. Also, it would allow the smaller vessels access to 
the halibut fishing grounds around Biorka Island. The southern boundary 
for commercial fishing vessels greater than 35 ft (10.7 m) in overall 
length would exclude the larger vessels from fishing around Biorka 
Island.
    NMFS prepared an EA/RIR/IRFA for this proposed rule that describes 
the management background, the purpose and need for action, the 
management action alternatives, and the environmental and the socio-
economic impacts of the alternatives. A copy of the EA/RIR/IRFA can be 
obtained from NMFS (see ADDRESSES). A summary of the IRFA follows.
    This proposed action is being considered because local residents of 
Sitka Sound are concerned about the decreased availability of halibut. 
The objective is to allocate halibut fishing opportunities in Sitka 
Sound among fishermen fishing with commercial vessels, anglers fishing 
from charter vessels, subsistence/personal use fisheries, and sport 
fishermen. Section 5 of the Halibut Act authorizes the Council to 
recommend management measures governing Pacific halibut catch in Sitka 
Sound.
    There were 192 registered charter vessels and 74 commercial 
longline vessels with allocations of halibut in Area 2C that fished in 
Sitka Sound in 1996.
    This rule does not contain reporting, recordkeeping, or compliance 
requirements and there are no relevant Federal rule which may 
duplicate, overlap, or conflict with this proposed rule.
    The alternative of not having a LAMP for Sitka Sound would not have 
a negative impact on the halibut resource but would increase 
competition for the resource in Sitka Sound. Creation of an alternative 
LAMP for Sitka Sound, which would (1) prohibit halibut commercial 
vessels greater than 35 ft (10.7 m) from harvesting halibut in Sitka 
Sound, (2) prohibit halibut commercial vessels less than or equal to 35 
ft (10.7 m) from harvesting halibut in Sitka Sound during July, July, 
and August with a 1,000 lb (0.45 mt) trip limit during the remainder of 
the IFQ fishing season, and (3) during July, June, and August only 
allow for a subsistence/personal use fishery, and a non-guided sport 
fishery in Sitka Sound, would protect the interests of non-guided 
anglers but restrict the retention of halibut caught outside Sitka 
Sound by charter vessels while fishing inside the Sound.
    None of the alternatives discussed in the EA/RIR/IRFA is likely to 
significantly affect the quality of the human environment, or are 
expected to have significant impacts on endangered or threatened 
species, or marine mammals.

[[Page 22828]]

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: April 20, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 300 is proposed to 
be amended to read as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for 50 CFR part 300, subpart E continues 
to read as follows:

    Authority: 16 U.S.C. 773-773k

    2. In Sec. 300.61, the definitions for ``Charter vessel'', 
``Fishing'', ``Individual Fishing Quota'', ``IFQ fishing trip'', ``IFQ 
halibut'', ``Overall length'', ``Setline gear'', and ``Sport fishing'' 
are added in alphabetical order to read as follows:


Sec. 300.61  Definitions.

* * * * *
    Charter vessel means a vessel used for hire in sport fishing for 
halibut, but not including a vessel without a hired operator.
    Fishing means the taking, harvesting, or catching of fish, or any 
activity that can reasonably be expected to result in the taking, 
harvesting, or catching of fish, including specifically the deployment 
of any amount or component part of setline gear anywhere in the 
maritime area.
    Individual Fishing Quota (IFQ), for purposes of this subpart, means 
the annual catch limit of halibut that may be harvested by a person who 
is lawfully allocated a harvest privilege for a specific portion of the 
TAC of halibut.
    IFQ fishing trip, for purposes of the subpart, means the period 
beginning when a vessel operator commences harvesting IFQ halibut and 
ending when the vessel operator lands any species.
    IFQ halibut means any halibut that is harvested with fixed gear in 
any IFQ regulatory area.
    Overall length of a vessel means the horizontal distance, rounded 
to the nearest foot, between the foremost part of the stem and the 
aftermost part of the stern (excluding bowsprits, rudders, outboard 
motor brackets, and similar fittings or attachments).
* * * * *
    Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached.
    Sport fishing means all fishing other than commercial fishing and 
treaty Indian ceremonial and subsistence fishing.
* * * * *
    3. In Sec. 300.63, the heading is revised, introductory text of 
Sec. 300.63 is revised, and paragraph (d) is added to read as follows:


Sec. 300.63  Catch sharing plans, local area management plans, and 
domestic management measures.

    Catch sharing plans (CSP) and local area management plans (LAMP) 
may be developed by the appropriate regional fishery management 
council, and approved by NMFS, for portions of the fishery. Any 
approved CSP or LAMP may be obtained from the Administrator, Northwest 
Region, or the Administrator, Alaska Region.
* * * * *
    (d) The LAMP for Sitka Sound provides guidelines for participation 
in the halibut fishery in Sitka Sound.
    (1) For purposes of Sec. 300.63(d), Sitka Sound means (See Figure 
1) to subpart E of the part:
    (i) With respect to Sec. 300.63(d)(2), that part of the Commission 
regulatory area 2C that is enclosed on the north and east by a line 
from Kruzof Island at 57 deg.20'30'' N. lat., 135 deg.45'10'' W. long. 
to Chichagof Island at 57 deg.22'03'' N. lat., 135 deg.43'00'' W. 
long., and a line from Chichagof Island at 57 deg.22'35'' N. lat., 
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat., 
135 deg.40'57'' W. long.; and is enclosed on the south and west by a 
line from Cape Edgecumbe at 57 deg.59'54'' N. lat., 135 deg.51'27'' W. 
long. to Vasilief Rock at 56 deg.48'56'' N. lat., 135 deg.32'30'' W. 
long. to the green day marker in Dorothy Narrows at 56 deg.49'17'' N. 
lat., 135 deg.22'45'' W. long. to Baranof Island at 56 deg.49'17'' N. 
lat., 135 deg.22'36'' W. long.
    (ii) With respect to Sec. 300.63(d)(3) and (4), that part of the 
Commission regulatory area 2C that is enclosed on the north and east by 
a line from Kruzof Island at 57 deg.20'30'' N. lat., 135 deg.45'10'' W. 
long. to Chichagof Island at 57 deg.22'03'' N. lat., 135 deg.43'00'' W. 
long., and a line from Chichagof Island at 57 deg.22'35'' N. lat., 
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat., 
135 deg.40'57'' W. lat.; and is enclosed on the south and west by a 
line running from Sitka Point at 56 deg.59'23'' N. lat., 
135 deg.49'34'' W. long., to Hanus Point at 56 deg.51'55'' N. lat., 
135 deg.30'30'' W. long., to the green day marker in Dorothy Narrows at 
56 deg.49'17'' N. lat., 135 deg.22'45'' W. long. to Baranof Island at 
56 deg.49'17'' N. lat., 135 deg.22'36'' W. long.
    (2) A person using a vessel greater than 35 ft (10.7 m) in overall 
length, as defined in 50 CFR 300.61, is prohibited from fishing for IFQ 
halibut with setline gear, as defined in 50 CFR 300.61, within Sitka 
Sound as defined in paragraph (d)(1)(i) of this section.
    (3) A person using a vessel less than or equal to 35 ft (10.7 m) in 
overall length, as defined in 50 CFR 300.61:
    (i) Is prohibited from fishing for IFQ halibut with setline gear 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, 
from June 1 through August 31; and
    (ii) Is prohibited, during the remainder of the designated IFQ 
season, from retaining more than 2,000 lbs. (0.91 mt) of IFQ halibut 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, 
per IFQ fishing trip, as defined in 50 CFR 300.61.
    (4) No charter vessel, as defined in 50 CFR 300.61, shall engage in 
sport fishing as defined in 50 CFR 300.61, for halibut within Sitka 
Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 
through August 31.
    (i) No charter vessel shall retain halibut caught while engaged in 
sport fishing, as defined in 50 CFR 300.61, for other species, within 
Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from 
June 1 through August 31.
    (ii) Notwithstanding paragraphs (d)(4) and (d)(4)(i) of this 
section, halibut harvested outside Sitka Sound, as defined in 
(d)(1)(ii) of this section, may be retained onboard a charter vessel 
engaged in sport fishing as defined in 50 CFR 300.61,for other species 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section 
from June 1 through August 31.
    3. In subpart E of part 300, Figure 1 is added following 
Sec. 300.65.

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[FR Doc. 99-10541 Filed 4-27-99; 8:45 am]
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