[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42154-42156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20119]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 010607147-1200-02; I.D. 052101A]
RIN 0648-AP26


Pacific Halibut Fisheries; Primary Sablefish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 42155]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to provide a regulatory framework 
for implementing Area 2A Pacific Halibut Catch Sharing Plan (CSP) 
allocations to the Pacific Coast, limited entry primary sablefish 
fishery. This final rule allows halibut taken incidentally in the 
primary longline sablefish fishery to be retained and landed, and 
provides a framework for the Pacific Fishery Management Council 
(Council) to recommend halibut catch limits for the sablefish fishery 
when a halibut quota is available to that fishery. The CSP provides for 
an incidental halibut retention in the limited entry, primary fixed 
gear sablefish fishery north of Pt. Chehalis, WA in years when the Area 
2A total allocable catch (TAC) of Pacific halibut exceeds 900,000 lb 
(408.2 metric tons (mt)). The Pacific halibut TAC exceeded that amount 
for the first time in 2001. This action provides the regulatory 
framework that carries out the intent of the Council that the limited 
entry primary sablefish fishery be provided an incidental halibut 
retention allowance under this condition.

DATES: Effective August 10, 2001.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review (EA/RIR) for this action are available from Donald McIsaac, 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE Ambassador Pl., Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: This final rule revises the Pacific Halibut 
Fisheries regulations at 50 CFR Part 300 to allow halibut taken 
incidentally in the primary longline sablefish fishery to be retained 
and landed when there is sufficient halibut in the Area 2A (waters off 
Washington, Oregon, California) TAC to provide a quota for this 
fishery. This final rule establishes a framework for the Council to 
recommend incidental halibut landings limits for the longline sablefish 
fishery. This final rule is based on recommendations of the Council, 
under the authority of the Pacific Halibut Act and the Area 2A CSP. 
NMFS published a proposed rule to implement those recommendations on 
June 14, 2001 (66 FR 32310). No public comments were received during 
the comment period ending July 16, 2001.
    Pacific halibut fisheries off Washington, Oregon, and California 
are managed under the Pacific halibut CSP for the International Pacific 
Halibut Commission (Commission) regulatory Area 2A. Overall harvest 
levels are set by the Commission at its annual meeting in January of 
each year. For 2001, the Commission set the Area 2A TAC at 1,140,000 lb 
(517 mt). NMFS implemented this TAC and the resulting sub-quotas for 
most Area 2A fisheries (including the sub-quota for this fishery) in a 
final rule published in the Federal Register on March 21, 2001 (66 FR 
15801).
    The CSP provides for an incidental halibut retention allowance in 
the limited entry, primary fixed gear sablefish fishery north of Pt. 
Chehalis, WA in years when the Area 2A TAC is above 900,000 lb (408.2 
mt). This provision of the CSP was introduced in 1998, but the Area 2A 
TAC did not rise above 900,000 lb (408.2 mt) until this year. According 
to the CSP, the primary sablefish fishery is allocated the amount of 
halibut from the portion of the Washington sport fishery allocation 
(36.6 percent of the Area 2A TAC) that is in excess of 214,110 lb (97.1 
mt), provided that a minimum of 10,000 lb (4.5 mt) is available to the 
sablefish fishery. Under the 2001 Area 2A TAC of 1,140,000 lb (517 mt), 
the primary sablefish fishery allocation for 2001 is 47,946 lb (21.7 
mt).
    While the CSP provides the formula for calculating the primary 
sablefish fishery's halibut allocation, it does not specify a 
regulatory framework for the retention of halibut taken incidentally 
during the sablefish fishery. Similarly, the CSP specifies a formula 
for determining the amount of halibut available for incidental 
retention in the salmon troll fishery without setting a regulatory 
framework managing per-vessel retention levels. To implement the CSP 
for the salmon troll fishery, Federal halibut regulations at 50 CFR 
300.63(a)(2) state,
    A portion of the commercial [halibut] TAC is allocated as 
incidental catch in the salmon troll fishery in Area 2A. Each year 
the landing restrictions necessary to keep the fishery within its 
allocation will be recommended by the Pacific Fishery Management 
Council at its spring meetings, and will be published in the Federal 
Register along with the annual salmon management measures.
    During its March and April 2001 meetings, the Council crafted a 
regulatory framework to ensure that a halibut quota would be available 
for the anticipated August through October primary longline sablefish 
fishery. The Council has recommended revising the Federal halibut 
regulations to provide a framework similar to the salmon troll 
framework that directs the Council to annually recommend halibut 
retention limits for the primary sablefish fishery at its March and 
April meetings. Under this framework, the Council will recommend annual 
halibut landings limits for vessels participating in the primary 
sablefish fishery, based on the amount of halibut available to the 
fishery and the expected number of fishery participants. Each year, 
NMFS will publish the Council's recommended halibut retention limits in 
the Federal Register. This regulatory framework would only be used in 
years when the Area 2A TAC is above 900,000 lb (408.2 mt).
    According to IPHC and Federal regulations, Pacific halibut may not 
be taken by gear other than longline gear. Only vessels registered for 
use with sablefish endorsement limited entry permits may participate in 
the primary fixed gear sablefish fishery specified for halibut 
retention in the CSP. Halibut may only be taken with longline gear. 
These vessels must also carry IPHC commercial halibut licenses in order 
to retain and land halibut. Halibut retention in the primary sablefish 
fishery will also only be available to vessels operating north of Pt. 
Chehalis, WA (46 deg.53'18" N. lat.) There is a directed fishery for 
halibut south of Pt. Chehalis, which receives a halibut allocation 
every year, regardless of the size of the TAC.
    At its June 2001 meeting, the Council recommended a 2001- halibut 
retention ratio of 80 lb (36 kg) of halibut per 1,000 lb (454 kg) of 
sablefish, plus up to two additional halibut per fishing trip. Each 
vessel would be constrained by season cumulative limits for halibut 
linked to their tiered sablefish cumulative limits, allowing a vessel 
to take no more than 2,850 lb (1,293 kg) of halibut for Tier 1 vessels, 
1,300 lb (590 kg) of halibut for Tier 2 vessels, and 750 lb (340 kg) of 
halibut for Tier 3 vessels. This recommendation is consistent with this 
final rule and is implemented by NMFS for the 2001 primary sablefish 
season through this action.

NMFS Actions

    In addition to implementing the Council's recommendation, , the 
final rule announces the cumulative landings limits for halibut taken 
incidentally with longline gear in the limited entry, primary fixed 
gear fishery for sablefish north of Pt. Chehalis, WA. Because this 
halibut will be taken by vessels participating in the limited entry 
groundfish fishery, incidental halibut cumulative landings limits will 
be announced as an amendment to the Pacific Coast groundfish 2001 
annual specifications and management measures, originally published at 
66 FR

[[Page 42156]]

2338, January 11, 2001, and amended at the 2001 annual specifications 
and management measures at 66 FR 2338, January 11, 2001, as amended at 
66 FR 10211 (February 14, 2001), at 66 FR 18409 (April 9, 2001), at 66 
FR 22467 (May 4, 2001), at 66 FR 28676 (May 24, 2001), at 66 FR 35388 
(July 5, 2001), and at 66 FR 38162 (July 23, 2001). This action further 
amends the specifications and management measures to read as follows:
    (1) In Section IV, under B. Limited Entry Fishery, a new paragraph 
(2)(b)(i)(A) is added.

IV. NMFS Actions

B. Limited Entry Fishery
* * * * *
    (2) Sablefish. * * *
    (b) Nontrawl trip and size limits. * * *
    (i) Primary season. * * *
    (A) Incidental halibut retention north of Pt. Chehalis, WA 
(46 deg.53'18 N. lat.) Vessels authorized to participate in 
the primary sablefish fishery, licensed by the International Pacific 
Halibut Commission for commercial fishing in Area 2A (waters off 
Washington, Oregon, California), and fishing with longline gear north 
of Pt. Chehalis, WA (46 deg.53'18" N. lat.) may land up to the 
following cumulative limits: 80 lb (36 kg) of halibut per 1,000 lb (454 
kg) of sablefish, plus up to two additional halibut per fishing trip. 
In addition, the following per vessel, primary season cumulative limits 
apply: 2,850 lb (1,293 kg) of halibut for Tier 1 vessels, 1,300 lb (590 
kg) of halibut for Tier 2 vessels, and 750 lb (340 kg) of halibut for 
Tier 3 vessels. If a vessel is registered for use with more than one 
sablefish endorsed limited entry permit, the cumulative halibut limit 
of the tier associated with the vessel's base permit (indicated on the 
permit) applies. Halibut limits are in net weight (head-off, gutted); 
sablefish limits are in round weight.
    (B) [Reserved]
* * * * *

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when this rule was proposed, that this rule, if adopted 
as proposed, would not have a significant economic impact on a 
substantial number of small entities.
    Under 5 U.S.C. 553(d)(3), NMFS finds good cause to waive the 30-day 
delay in effectiveness for this final rule. This rule implements the 
CSP by allowing longline vessels fishing north of Pt. Chehalis, WA to 
retain halibut caught incidentally in the primary fixed gear sablefish 
fishery. The primary sablefish fishery is expected to start on August 
15. If this rule is not effective before the start of the primary 
season, longliners who catch halibut incidental to their sablefish 
fishing operations will have to discard that halibut.
    Halibut and sablefish are frequently found in the same fishing 
grounds. The primary sablefish fishery is an intensely concentrated 
period of sablefish fishing and the sheer volume of sablefish targeting 
during this period increases a vessel's chance of also catching 
halibut. Halibut caught by longline often survive the capture-and-
release process if they are released carefully. However, not all 
halibut survive capture and discard, which means that delaying 
effectiveness of this final rule could result in unnecessary halibut 
discard mortality.
    A delay in effectiveness of this rule could unnecessarily prevent 
sablefish longliners from retaining incidentally caught halibut that 
might die from the capture-and-release process. This rule would also 
relieve a regulatory restriction in that it would allow vessels to 
retain halibut that they could not otherwise access. For these reasons, 
delaying the effectiveness of this final rule would be contrary to 
public interest.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: August 6, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 300 is amended 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.  300.63, paragraphs (a)(3) and (a)(4) are re-designated 
as paragraphs (a)(4) and (a)(5), respectively, and a new paragraph 
(a)(3) is added to read as follows:


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

* * * * *
    (a) * * *
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the primary directed longline 
sablefish fishery north of 46 deg.53'18" N. lat, (Pt. Chehalis, WA), 
which is regulated under 50 CFR 660.323(a)(2). This fishing opportunity 
is only available in years in which the Area 2A TAC is greater than 
900,000 lb (408.2 mt,) provided that a minimum of 10,000 lb (4.5 mt) is 
available above a Washington recreational TAC of 214,100 lb (97.1 mt). 
Each year that this harvest is available, the landing restrictions 
necessary to keep this fishery within its allocation will be 
recommended by the Pacific Fishery Management Council at its spring 
meetings, and will be published in the Federal Register. These 
restrictions will be designed to ensure the halibut harvest is 
incidental to the sablefish harvest and will be based on the amounts of 
halibut and sablefish available to this fishery, and other pertinent 
factors. The restrictions may include catch or landing ratios, landing 
limits, or other means to control the rate of halibut landings.
    (i) In years when this incidental harvest of halibut in the 
directed sablefish fishery north of 46 deg.53'18" N. lat. is allowed, 
it is allowed only for vessels using longline gear that are registered 
to groundfish limited entry permits with sablefish endorsements and 
that possess the appropriate incidental halibut harvest license issued 
by the Commission.
    (ii) It is unlawful for any person to possess or land halibut south 
of 46 deg.53'18" N. lat that were taken and retained north of 
46 deg.53'18" N. lat. as incidental catch authorized by this section in 
the directed longline sablefish fishery.
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[FR Doc. 01-20119 Filed 8-9-01; 8:45 am]
BILLING CODE 3510-22-S