[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54969-54970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23385]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 991220343-0071-02; I.D. 082300C]


Pacific Halibut Fisheries; Oregon Sport Fisheries

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

ACTION: Inseason action.

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SUMMARY: NMFS announces changes to the fishing season for the Area 2A 
sport fisheries off the Oregon coast. This action would transfer quota 
from the Oregon coast nearshore fishery to the Oregon coast all-depth 
fishery, and would set an all-depth fishing date for Friday, September 
22, 2000.

DATES: Effective September 7, 2000, through December 31, 2000.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Regional 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way, Seattle, WA 
98115.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6129.

SUPPLEMENTARY INFORMATION: The Area 2A Catch Sharing Plan (CSP) for 
Pacific halibut off Washington, Oregon, and California is implemented 
in the annual management measures for the Pacific halibut fisheries 
published on March 20, 2000 (65 FR 14909). Those measures organize the 
Oregon sport fishery for halibut between Cape Falcon and Humbug 
Mountain into three separate seasons. The first season is a small, 
incidental season for halibut taken shoreward of the 30-fathom depth 
contour, and lasts from May 1 through September 30. Halibut are not 
frequently encountered in nearshore waters, and this first season 
offers fishers the opportunity to retain incidentally-caught halibut on 
fishing trips targeting other species. The second season is an all-
depth fishery in May, with the season length determined by comparing 
pre-season estimates of expected catch per day against the halibut 
quota for that fishery. The third season is an all-depth fishery in 
August, which harvests the remainder of the all-depth quota not taken 
in the May fishery.
    Before the start of the May 2000 all-depth season, Oregon 
Department of Fish and Wildlife (ODFW) estimated that the May fishery 
would take 106,724 lb (48,409 kg) of halibut over a 5-day season, 
leaving 35,893 lb (16,281 kg) of halibut for the August all-depth 
fishery. However, weather during the 5-day fishery was unusually 
pleasant and vessels landed significantly more halibut than had been 
estimated in preseason projections, 128,573 lb (58,320 kg). As a result 
of this overage in the May fishery, only 14,044 lb (6,370 kg) of 
halibut remained for an August fishery from the all-depth quota. Based 
on past August all-depth fisheries, ODFW had estimated that at least 
30,000 lb (13,608 kg) would be needed to hold a single day of all-depth 
fishing in August. The International Pacific Halibut Commission (IPHC), 
ODFW, and NMFS met and agreed to cancel the August all-depth fishing 
opportunity, based on insufficient quota. This fishery had been set 
preseason for Friday, August 4.
    The Area 2A CSP allows inseason changes to sport fishery season 
dates and other management measures, and includes several provisions 
for quota transfers. Under the CSP, halibut quota may be transferred 
from the Oregon central coast nearshore fishery to the all-depth 
fishery, as long as enough quota remains available to allow nearshore 
halibut fishing opportunities through September 30. The 2000 quota for 
the Oregon coast nearshore fishery is 12,324 lb (5,590 kg,) of which 
ODFW estimates 7,324 lb (3,322 kg) will be needed to maintain the 
fishery through September 30.
    On August 11, 2000, NMFS met via telephone conference call with 
representatives of ODFW, the Pacific Fishery Management Council 
(Council), and IPHC to determine whether moving quota from the 
nearshore fishery to the all-depth fishery would provide enough halibut 
quota to hold a day of all-depth sport fishing in September. By 
combining the 14,044 lb (6,370 kg) remaining in the all-depth quota 
with the 5,000 lb (2,268 kg) available from the nearshore fishery, 
19,368 lb (8,785 kg) could be made available to the all-depth fishery. 
Historically, September all-depth fishing days have had landings levels 
of about half the level of August all-depth fishing days in the same 
year. Because the August fishery this year was expected to take about 
30,000 lb (13,608 kg) of halibut, managers determined that 19,368 lb 
(8,785 kg) would be enough halibut to hold a day of all-depth fishing 
in September. To ensure conservative season structuring, halibut 
managers further recommended holding the fishery on a week day in late 
September, when sport fishery participation decreases due to colder 
weather and the opening of the school year.
    Section 24 of the 2000 Pacific halibut regulations provides NMFS 
with the flexibility to make certain inseason management changes, 
provided that the action is necessary to allow allocation objectives to 
be met, and that the action will not result in exceeding the catch 
limit for the area. The structuring objectives for this subarea are to 
provide two periods of fishing opportunity in May and in August in 
productive deeper water areas along the coast, principally for charter 
boat and larger private boat anglers, and to provide a period of 
fishing opportunity in the summer for nearshore waters for small boat 
anglers. While this year's fishing season has met the structuring 
objective for the nearshore fishery, too much halibut was taken in the 
May fishery to meet the objective of having a second all-depth season 
in August. This inseason action would address the lost August 
opportunity as much as possible by scheduling an all-depth season date 
in September.
    In consultation with the ODFW, the Council, and the IPHC, NMFS has 
determined that transferring 5,000 lb (2,268 kg) of unneeded quota from 
the nearshore fishery to the all-depth fishery and scheduling a day of 
all-depth fishing for Friday, September 22 accommodates the CSP's 
season structuring objective for the Oregon central coast area without 
allowing the fishery to exceed its quota.

NMFS Action

    For the reasons stated here, NMFS announces the following changes 
to the 2000 annual management measures (65 FR 14909, March 20, 2000).

    1. In section 23. Sport Fishing for Halibut, paragraphs 
(4)(b)(v)(A)(1) and (A)(3) are revised to read as follows:

[[Page 54970]]

2000 Pacific Halibut Fishery Regulations

23. Sport Fishing for Halibut

* * * * *
    (4) * * *
    (b) * * *
    (v) * * *
    (A) * * *
    (1) The first season is limited to 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. It commences May 1 and 
continues every day through September 30, or until the combined 
subquotas of the north central and south central inside 30-fathom 
fisheries (7,324 lb (3.32 mt)) is estimated to have been taken and the 
season is closed by the Commission, whichever is earlier.
* * * * *
    (3) The third season is open on September 22 to harvest the 
remainder of the quotas for the all-depth fisheries in the subareas 
described in paragraphs (v) and (vi) of this section, totaling 142,618 
lb (64.7 mt).
* * * * *
    2. In section 23. Sport Fishing for Halibut, paragraphs 
(4)(b)(vi)(A)(1), and (A)(3) are revised to read as follows:

2000 Pacific Halibut Fishery Regulations

23. Sport Fishing for Halibut

* * * * *
    (4) * * *
    (b) * * *
    (vi) * * *
    (A) * * *
    (1) The first season is limited to 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. It commences May 1 and 
continues every day through September 30, or until the combined 
subquotas of the north central and south central inside 30-fathom 
fisheries (7,324 lb (3.32 mt)) is estimated to have been taken and the 
season is closed by the Commission, whichever is earlier.
* * * * *
    (3) The third season is open on September 22 to harvest the 
remainder of the quotas for the all-depth fisheries in the subareas 
described in paragraphs (v) and (vi) of this section, totaling 142,618 
lb (64.7 mt).
* * * * *

Classification

    This action is authorized by the regulations implementing the Catch 
Sharing Plan. The determination to take these actions is based on the 
most recent data available. Because of the need for immediate action to 
allow fishers access to the Oregon coast halibut quota, and because the 
public had an opportunity to comment on the CSP that is being 
implemented and on NMFS' authority to make inseason changes to certain 
management measures when those measures would further the objectives of 
the Catch Sharing Plan, NMFS has determined that good cause exists for 
this document to be published without affording a prior opportunity for 
public comment or a 30-day delayed effectiveness period. Public 
comments will be received for a period of 15 days after the 
effectiveness of this action. This action is authorized by Section 24 
of the annual management measures for Pacific halibut fisheries 
published on March 20, 2000 (65 FR 14909) and has been determined to be 
not significant for purposes of Executive Order 12866.

    Dated: September 5, 2000.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-23385 Filed 9-7-00; 3:06 pm]
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