[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Proposed Rules]
[Pages 272-275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-86]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 991220343-9343-01; I.D. 120999D]
RIN 0648-AM52


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 the sport fishing 
regulations; 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 accommodate, in the Plan, 
a court-ordered change in the allocation of Pacific halibut between 
treaty Indian and non-treaty fisheries and to adjust management of the 
halibut sport fisheries off Washington and Oregon. NMFS also proposes 
changes to the sport fisheries regulations to implement the Plan in 
2000. Finally, NMFS announces the availability for public comment of a 
draft environmental assessment and regulatory impact review (EA/RIR) 
for this action.

DATES: Comments on the proposed changes to the Plan must be received by 
January 7, 2000; comments on the proposed changes to the sport fishery 
regulations must be received by February 11, 2000.

ADDRESSES: Send comments or requests for a copy of the Plan and/or the 
EA/RIR to William Stelle, Jr., Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way, Seattle, WA 98115. Electronic copies 
of the Plan, including proposed changes for 2000, and of the draft EA/
RIR are also available at the NMFS Northwest Region website: http://
www.nwr.noaa.gov, under ``Halibut Management.'' Comments also may be 
sent via facsimile (fax) to 206-526-6736. Comments will not be accepted 
if submitted via e-mail or 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 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. 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 each council's region. 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 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 1999 public meeting, the Council adopted for 
public comment the following changes to the Plan: (1) incorporation 
into the Plan of a court-ordered change in the Pacific halibut 
allocation to settle the claims of treaty tribes for an equitable 
adjustment to current halibut allocation that would compensate for 
halibut not allocated to the tribes from 1989 through 1993; (2) 
allowing commercial halibut fishers to also use their vessels for 
private (not for hire) recreational fishing; (3) a revision of the 
boundary between the Washington sport fishery in Puget Sound (Inside 
Waters) and North Coast sub-areas; (4) allowing the opening of the 
closed ``hot spot'' in the Washington sport fishery South Coast sub-
area through an accelerated inseason process; and (5) combining the 
sub-quotas for Oregon's inside 30-fathom sport fisheries in the North 
Central and South Central Coast subareas.
    At its November 1999 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 four 
modifications to the Plan as follows:
    (1) Revise the Plan to bring it into compliance with an allocation 
change agreed to by the states, tribes and Federal government that is 
contained in a July 7, 1999 stipulation, and ordered by the court in 
United States v. Washington, No. 9213 Phase I, Subproceeding No. 92-1 
(W.D. Wash.). This stipulation settles the Tribes' claim for an 
equitable adjustment arising from allocations in the Pacific halibut 
fishery from 1989 through 1993. In 1993, the court declared that the 
regulatory scheme for the allocation of halibut between treaty and non-
treaty fisheries in 1989 through 1993 had violated treaty rights. The 
parties to the stipulation (the halibut treaty tribes, the States of 
Washington and Oregon, and the Federal government) agreed that 25,000 
lb (11.3 mt) dressed weight of halibut would be transferred from the 
non-treaty Area 2A halibut allocation to the treaty Indian allocation 
in Area 2A-1 each year for 8 years beginning in the year 2000 and 
ending in the year 2007, for a total transfer of 200,000 lb (90.7 mt). 
To accelerate the total transfer, more than 25,000 lb (11.3 mt) could 
be transferred in any year upon prior written agreement of the parties 
to the stipulation.
    (2) Modify the boundary between the Puget Sound and Washington 
North Coast sport fishery subareas by moving it eastward from the 
Bonilla-Tatoosh line to the mouth of the Sekiu River. Additionally, 
modify the quota allocations to the two sport fishery

[[Page 273]]

subareas to increase the portion of the Washington sport quota 
allocated to the North Coast subarea from 57.7 percent of the first 
130,845 lb (59.4 mt), to 62.2 percent of the first 130,845 lb (59.4 
mt). Correspondingly, reduce the quota allocated to the Puget Sound 
subarea from 28 percent of the first 130,845 lb (59.4 mt), to 23.5 
percent of the first 130,845 lb (59.4 mt). This modification would 
simplify management while keeping the amount of halibut available to 
different ports roughly the same as in past years.
    (3) Revise the management structure for the Washington South Coast 
subarea sport fishery to allow the opening of the South Coast subarea 
closed ``hot spot'' inseason, effective via announcement on the NMFS 
halibut hotline. NMFS, the Washington Department of Fish and Wildlife 
(WDFW), and IPHC would consult via conference call shortly after the 
opening of the South Coast subarea season to on the need for either 
maintaining the ``hot spot'' as a closed area or for opening the ``hot 
spot'' to fishing, as indicated by the effect of ocean and fishery 
conditions on meeting the season structuring objectives for this 
subarea.
    (4) Revise the sport fishery structure for the Oregon North Central 
and South Central subareas to combine the sub-quotas for the inside 30-
fathom fisheries from these two sub-areas. There would be a single sub-
quota and season for the fisheries inside 30-fathoms from Cape Falcon 
to Humbug Mountain.

Proposed Changes to the Catch Sharing Plan

    NMFS is proposing to approve the Council recommendations and to 
make the following changes to the Plan:
    Restructure section (b) of the Plan, Allocations, as two sub-
paragraphs (b)(1) and (b)(2), with the current main paragraph (b) re-
designated as (b)(1) and the first sentence of that paragraph revised 
to read as follows ``Except as provided in section (b)(2), this Plan 
allocates 35 percent of the Area 2A TAC to U.S. treaty Indian tribes in 
the State of Washington in subarea 2A-1, and 65 percent to non-Indian 
fisheries in Area 2A.'' and a new subparagraph (b)(2) added to read as 
follows:
    ``To meet the requirements of U.S. District Court Stipulation and 
Order (United States v. Washington, No. 9213, Phase I, Subproceeding 
No. 92-1 (W.D. Wash.) (Stipulation and Order, July 7, 1999)) 25,000 lb 
(11.3 mt) dressed weight of halibut will be transferred from the non-
treaty Area 2A halibut allocation to the treaty allocation in Area 2A-1 
each year for 8 years, commencing in the year 2000 and ending in the 
year 2007, for a total transfer of 200,000 lb (90.7 mt). To accelerate 
the total transfer, more than 25,000 lb (11.3 mt) may be transferred in 
any year upon prior written agreement of the parties to the 
stipulation.''
    In section (f), Sport Fisheries, revise the first two sentences of 
paragraph (1)(i) to read as follows:
    ``This sport fishery subarea is allocated 23.5 percent of the first 
130,845 lb (59.4 mt) allocated to the Washington sport fishery, and 32 
percent of the Washington sport allocation between 130,845 lb (59.4 mt) 
and 224,110 lb (101.7 mt) (except as provided in section (e)(3) of this 
Plan.) This sub-area is defined as all waters east of the mouth of the 
Sekiu River, as defined by a line extending from 48 deg.17'30'' N. 
lat., 124 deg.23'70'' W. long. north to 48 deg.24'10'' N. lat., 
124 deg.23'70'' W. long., including Puget Sound.''
    In section (f), Sport Fisheries, revise the first two sentences of 
paragraph (1)(ii) to read as follows:
    ``This sport fishery subarea is allocated 62.2 percent of the first 
130,845 lb (59.4 mt) allocated to the Washington sport fishery, and 32 
percent of the Washington sport allocation between 130,845 lb (59.4 mt) 
and 224,110 lb (101.7 mt) (except as provided in section (e)(3) of this 
Plan.) This sub-area is defined as all waters west of the mouth of the 
Sekiu River, as defined above in paragraph (f)(1)(i), and north of the 
Queets River (47 deg.31'42'' N. lat.).''
    In section (f), Sport Fisheries, add a sentence to the end of 
paragraph (1)(iii) to read as follows:
    ``If a decision is made inseason to open this closed area to sport 
fishing for halibut, that decision will become effective upon 
announcement on the NMFS halibut hotline, at (206) 526-6667 or (800) 
662-9825.''
    In section (f), Sport Fisheries, change the heading of paragraph 
(1)(v) to Oregon north central coast subarea, and revise the first 
sentence of paragraph (1)(v)(A) to read as follows:
    ``The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until the combined subquotas 
for the north central and south central inside 30-fathom fisheries (7 
percent of the north central subarea quota plus 20 percent of the south 
central subarea quota) are taken, or until September 30, whichever is 
earlier.''
    In section (f), Sport Fisheries, change the heading of paragraph 
(1)(vi) to Oregon south central coast subarea, and revise the first 
sentence of paragraph (1)(vi)(A) to read as follows:
    ``The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until the combined subquotas 
for the north central and south central inside 30-fathom fisheries (7 
percent of the north central subarea quota plus 20 percent of the south 
central subarea quota) are taken, or until September 30, whichever is 
earlier.''
    In section (f), Sport Fisheries, revise paragraph (2) to read as 
follows:
    ``Port of landing management. All sport fishing in Area 2A will be 
managed on a ``port of landing'' basis, whereby any halibut landed into 
a port will count toward the quota for the subarea in which that port 
is located, and the regulations governing the subarea of landing apply, 
regardless of the specific area of catch.''
    In section (f), Sport Fisheries, revise paragraph (5)(iv)(A) to 
read as follows:
    ``Inseason actions will be effective on the date specified in 
notification in the Federal Register or at the time that the action is 
filed for public inspection with the Office of the Federal Register, 
whichever is later, except that any partial or complete inseason 
opening of the Washington South Coast sport fishery closed area 
(designated above at (f)(1)(iii)) may be made effective upon 
announcement on the NMFS halibut hotline.''

Proposed 2000 Sport Fishery Management Measures

    NMFS is proposing changes to the sport fishery regulations that are 
necessary to implement the Plan in 2000. The 2000 TAC is unknown at 
this time, but information available from the IPHC indicates that the 
TAC may be similar to or somewhat lower than the TAC in 1999. The final 
TAC will be determined by the IPHC at its annual meeting January 10-13, 
2000. The proposed 2000 sport fishery regulations based on the 1999 
Area 2A TAC of 760,000 lb (344.7 mt) are as follows:

Washington Inside Waters Subarea Puget Sound and Straits

    This subarea would be allocated 43,808 lb (19.9 mt) at an Area 2A 
TAC of 760,000 lb (344.7 mt) in accordance with the Plan. WDFW, NMFS 
and IPHC are currently discussing how to estimate season durations for 
the Puget Sound and North Coast subareas under the proposed changes to 
subarea sizes and quota allocations. According to the Plan, the 
structuring objective for this subarea is to provide a stable sport 
fishing opportunity and maximize the season length, with the fishery 
opening in May

[[Page 274]]

and continuing at least through July 4. In 1999, the fishery in this 
subarea was 35 days long, from May 27 through July 12, held for 5 days 
per week (Thursday through Monday.) For the 2000 fishing season, the 
dates of the fishery in this subarea would be set to meet the 
structuring objectives described in the Plan, hopefully providing 
fishing opportunity at least from the Memorial Day weekend through the 
July 4th weekend. The final determination of the season dates would be 
based on the allowable harvest level, projected 2000 catch rates, and 
recommendations developed in a public workshop sponsored by WDFW after 
the 2000 TAC is set by the IPHC. The daily bag limit would be one 
halibut of any size per day per person.

Washington North Coast Subarea (North of the Queets River)

    This subarea would be allocated 94,445 lb (42.8 mt) at an Area 2A 
TAC of 760,000 lb (344.7 mt) in accordance with the Plan. WDFW, NMFS 
and IPHC are currently discussing how to estimate season durations for 
the Puget Sound and North Coast subareas under the proposed changes to 
subarea sizes and quota allocations. 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. 
The fishery opens on May 2, and continues for 5 days per week (Tuesday 
through Saturday). The highest priority is for the season to last 
through the end of May. If sufficient quota remains, the second 
priority is to establish a fishery that will be open July 1, through at 
least July 4. In 1999, the fishery in this subarea was 50 days long, 
from May 1 through July 9, held for 5 days per week (Tuesday through 
Saturday.) For the 2000 fishing season, the dates of the fishery in 
this subarea would be set to meet the structuring objectives described 
in the Plan. The final determination of the season dates would be based 
on the allowable harvest level, projected 2000 catch rates, and 
recommendations developed in a public workshop sponsored by WDFW after 
the 2000 TAC is set by the IPHC. The daily bag limit would be one 
halibut of any size per day per person. A portion of this subarea 
located about 19 nm (35 km) southwest of Cape Flattery would be 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 would be allocated 29,153 lb (13.2 mt) at an Area 2A 
TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The fishery 
would open on May 2 (Sunday) and continue for 5 days per week (Sunday 
through Thursday) until 1,000 lb (0.45 mt) are projected to remain in 
the quota. The fishery would be open Sunday through Thursday in all 
areas, except where prohibited, and Friday and Saturday 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 1,000 lb (0.45 mt) are projected to 
remain in the quota, fishing would 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. The daily bag limit would be one halibut of 
any size per day per person. A portion of this area would be closed to 
sport fishing for halibut. The closed area is a rectangle with the 
following dimensions: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.; 
47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N. 
lat., 124 deg.53'00'' W. long.; and 47 deg.16'00'' N. 
lat.,124 deg.48'00'' W. long. This closed area could be opened by NMFS 
inseason after consultation with WDFW, NMFS, and IPHC.

Columbia River Subarea

    This subarea would be allocated 4,249 lb (1.9 mt) at an Area 2A TAC 
of 760,000 lb (344.7 mt) in accordance with the Plan. The fishery would 
open on May 1 and continue for 7 days per week until the quota is 
reached or September 30, whichever occurs first. The daily bag limit 
would be the first halibut taken, per person, of 32 inches (81.3 cm) or 
greater in length.

Oregon North Central Coast Subarea

    This subarea would be allocated 130,877 lb (59.4 mt) at an Area 2A 
TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The May all-
depth season would be allocated 88,996 lb (40.4 mt). Based on an 
observed catch per day trend in this fishery, an estimated 20,000 lb 
(9.1 mt) would be caught per day in 2000, resulting in a 4-day fixed 
season. In accordance with the Plan, the season dates would be May 12, 
13, 19, and 20. If the quota is not taken, an appropriate number of 
fishing days would be scheduled for late May or early June. The 
restricted depth fishery inside 30 fathoms, which would be combined in 
2000 and beyond with the restricted depth fishery in the Oregon south 
central coast subarea, would be allocated 11,234 lb (5.1 mt) and would 
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) would be allocated 32,719 lb 
(14.8 mt), which may be sufficient for a 1 day opening on August 4, 
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 would be in mid-August. The final determination of the season 
dates will be based on the allowable harvest level, projected catch 
rates, and recommendations developed in a public workshop sponsored by 
ODFW after the 2000 TAC is set by the IPHC. The daily bag limit would 
be the first halibut taken, per person, of 32 inches (81.3 cm) or 
greater in length.

Oregon South Central Coast Subarea

    This subarea would be allocated 10,363 lb (4.7 mt) at an Area 2A 
TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The May all-
depth season would be allocated 8,290 lb (3.8 mt) and, based on 
observed catch per day trend in this fishery, an estimated 2,200 lb 
(1.0 mt) would be caught per day in 2000, resulting in a 3- to 4-day 
fixed season. In accordance with the Plan, the season dates would be 
May 11, 12, 13, 19, and 20. If the quota is not taken, an appropriate 
number of fishing days would be scheduled for late May or early June. 
The restricted depth fishery inside 30 fathoms, which would be combined 
in 2000 and beyond with the restricted depth fishery in the Oregon 
south central coast subarea, would be allocated 11,234 lb (5.1 mt) and 
would 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) may open for 1-day on August 
4, if sufficient quota is available. If sufficient quota remains for 
additional fishing days after this season, the dates for an all-depth 
fishery would be in mid-August. The final determination of the season 
dates would be based on the allowable harvest level, projected catch 
rates, and recommendations developed in an ODFW-sponsored public 
workshop after the IPHC sets the 2000 TAC. The daily bag limit would be 
the first halibut taken, per person, of 32 inches (81.3 cm) or greater 
in length.

Humbug Mountain, OR, through California Subarea

    This subarea would be allocated 4,460 lb (2.0 mt) at an Area 2A TAC 
of 760,000 lb (344.7 mt) in accordance with the Plan. The proposed 2000 
sport season for this subarea would be the same as last year, with a 
May 1 opening

[[Page 275]]

and continuing for 7 days per week until September 30. The daily bag 
limit would be 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 changes to the sport fishing 
regulations. The Area 2A TAC will be set by the IPHC at its annual 
meeting on January 10-13, 2000, in Lynnwood, WA. NMFS requests comments 
on the proposed changes to the Plan by January 7, 2000. NMFS requests 
comments on the proposed changes to the sport fishing regulations by 
February 11, 2000, 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 2000 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 January 19, 2000.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the changes to the Plan would not have a 
significant economic impact on a substantial number of small entities 
as follows:

    The proposed action to move the borderline between the 
Washington sport fishery Puget Sound and North Coast subareas is 
expected to result in either no change or in a positive change in 
halibut fishing opportunity for individual halibut anglers. This 
proposed change will reclassify halibut landings made in the area 
from the Sekiu River west to Neah Bay as North Coast subarea 
landings, rather than as Puget Sound subarea landings. Sport fishing 
for halibut in this western Strait of Juan de Fuca area is more 
similar in character (fast-paced, high landings) to the North Coast 
fishery than to the rest of the Puget Sound fishery. For halibut 
anglers who remain in the Puget Sound subarea fishery, the overall 
season length may increase as a result of reduced competition with 
their more aggressive western straits counterparts. For halibut 
anglers in the new, larger North Coast subarea, the quota has been 
increased to account for the addition of new waters and anglers, so 
season length is not expected to be affected by the proposed 
changes.
    The proposed action to bring the Plan into compliance with the 
court-ordered allocation of halibut between treaty and non-treaty 
fisheries would result in the reallocation of approximately 3.3% of 
the Area 2A TAC. For allocations between non-treaty fisheries, the 
Council has recommended retaining the current allocation scheme. 
Thus, the effect of the reduction in the non-treaty allocation will 
be proportionately shared by all non-treaty fisheries, with the 
deepest cuts in halibut poundage occurring in the largest fisheries. 
For most fisheries, the change in available halibut poundage will 
not be noticeable. However, for the directed commercial fishery, for 
the Washington North Coast subarea sport fishery, and for the Oregon 
North Central Coast subarea sport fishery, the change in halibut 
poundage may have some effect on fishery durations.
    Although the directed commercial fishery for halibut is one of 
the larger non-treaty halibut fisheries by weight, the duration and 
average halibut harvest per licensed vessel is primarily affected by 
the number of participants in the fishery. Over the 1997 through 
1999 period, the average amount of halibut taken per licensed vessel 
has increased, because the number of licensed vessels has decreased 
while the overall commercial quota has remained fairly constant. 
Although the overall amount of halibut available to the directed 
commercial fishery would decrease under the allocation shift from 
non-treaty to treaty fisheries, the change is not enough to have a 
greater effect on the average amount of halibut taken per licensed 
participant than the effect of the number of participants in the 
fishery on the average amount of halibut taken per licensed vessel.
    In the non-treaty sport fisheries, the Washington North Coast 
subarea and Oregon North Central Coast subarea take the largest 
halibut allocations, and will likely be most affected by the 
allocation shift from non-treaty to treaty fisheries. In the 
Washington North Coast subarea, assuming a catch rate similar to 
1999 of 1,766 lb (0.8 mt) per day, the season could be reduced from 
50 to 47 fishing days as a result of the approximately 4,700 lb (2.1 
mt) shift in allocation from non-treaty to treaty fisheries. For 
this particular subarea, the effects of the allocation shift may be 
mitigated by the proposed changes to Washington sport fishery 
subarea management that shift the borderline and quota between the 
Puget Sound and North Coast subareas.
    In the Oregon North Central Coast subarea, assuming a catch rate 
for the all-depth fishery similar to 1999 of 19,270 lb (8.7 mt) per 
day, the season could be reduced from 7 to 6 fishing days as a 
result of the approximately 7,000 lb (3.2 mt) shift in allocation 
from non-treaty to treaty fisheries. The reduction in the quota 
available to the Oregon all-depth fishery could alternatively result 
in an inseason quota shift from the nearshore sport fisheries to the 
all-depth sport fisheries.
    The proposed actions to bring the Plan into compliance with the 
court-ordered allocation of halibut between treaty and non-treaty 
fisheries, and the restructuring of the Washington sport fisheries 
in the Puget Sound and North Coast subareas will not affect sport 
fishing opportunity for bottomfish, salmon, and other species that 
account for a much greater proportion of the sport fishing 
opportunity in Washington and Oregon. In addition to these two 
changes to the Plan, the Council has recommended changes to: (1) the 
inseason management structure for the Washington South Coast subarea 
``hot spot,'' and (2) the subarea quota structuring for the Oregon 
North Central and South Central fisheries inside 30 fathoms. These 
additional proposed changes to the Plan have far less effect on 
small entities than either of the proposed changes discussed above, 
and are expected to result in either no impact at all, or a modest 
increase in fishery and regulatory convenience. Consequently, 
changes to the Plan are not expected to have a significant economic 
effect on a substantial number of small entities. The proposed sport 
management measures for 2000 merely implement the Plan at the 
appropriate level of TAC; their impacts are within the scope of the 
impacts analyzed for the Plan.

    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 28, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-86 Filed 1-3-00; 8:45 am]
BILLING CODE 3510-22-F