[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Proposed Rules]
[Pages 6220-6223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3268]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 020131023-2023-01; I.D. 011602B]
RIN 0648-AP80


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 sport fishing 
management.

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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 adjust the management of 
the sport fishery in Puget Sound, WA, and to adjust the halibut 
possession limit for Oregon anglers. NMFS also proposes sport fishery 
regulations to implement the Plan in 2002. A draft environmental 
assessment and regulatory impact review (EA/RIR) on this action is also 
available for public comment.

DATES: Comments on the proposed changes to the Plan must be received by 
February 22, 2002, and comments on the proposed sport fishery 
regulations must be received by February 22, 2002.

ADDRESSES: Send comments or requests for a copy of the Plan and/or the 
EA/RIR to D. Robert Lohn, Regional Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115. Electronic copies of 
the Plan, including proposed changes for 2002, and of the draft EA/RIR 
are also available at the NMFS Northwest Region website: http://www.nwr.noaa.gov, click on ``Pacific Halibut.'' Comments will not be 
accepted if submitted via email or the Internet.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, Northwest Region, 
NMFS, phone: 206-526-6140; fax: 206-526-6736 or; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Halibut Act of 1982, at 16 U.S.C. 773c, 
requires that the Secretary of Commerce (Secretary) adopt such 
regulations as may be necessary to carry out the purposes and 
objectives of the Halibut Convention between the United States and 
Canada and the Halibut Act. Section 773c(c) of the Halibut Act 
authorizes the Regional Fishery Management Councils to develop 
regulations governing the Pacific halibut catch in their corresponding 
U.S. Convention waters that are in addition to, but not in conflict 
with, regulations of the International Pacific Halibut Commission 
(IPHC). 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, NMFS implemented the Council-recommended 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. North of 46 deg.53'18" N lat. (Pt. Chehalis), the Plan 
allows for incidental halibut retention in the primary limited entry 
sablefish fishery when the overall

[[Page 6221]]

Area 2A TAC is above 900,000 lb (408.2 mt). 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 2001 meeting, the Council adopted, for public 
comment, the following proposed changes to the plan: (1) Allowing the 
Washington Inside Waters sport fishery sub-quota to be taken in two 
separate seasons for two different regions within that sport fishery 
subarea; (2) allocating 50-65 percent of the Oregon North Central and 
South Central all-depth sport fishery sub-quotas to the May through 
June fishery and allowing only vessels carrying IPHC charter licenses 
to participate in the all-depth fishery during these months, and 
allocating 35-50 percent of the Oregon North Central and South Central 
all-depth sport fishery sub-quotas to the August through September 
fishery and allowing only vessels that do not have IPHC charter 
licenses to participate in the all-depth fishery during these months; 
(3) changing the season start date for the Columbia River subarea from 
May 1 to June 15; and (4) allowing Oregon sport fishers to retain and 
transport up to two halibut on land.
    At its November 2001 public meeting, the Council considered the 
results of state-sponsored workshops on the proposed changes to the 
Plan and public comments, and made the final recommendations for two 
modifications to the Plan as follows:
    (1) Allow the Washington Inside Waters sport fishery sub-quota to 
be taken in two separate seasons for two different regions within that 
sport fishery subarea. This provision is primarily intended to allow 
anglers in eastern Puget Sound to have access to halibut before the 
halibut migrate out of that area in the spring.
    (2) Allow Oregon sport fishers to retain and transport up to two 
halibut on land. This provision would be more convenient for anglers 
who travel to the coast for multi-day fishing vacations. It also makes 
the possession limit consistent with the limit in the State of 
Washington and improved enforceability for agencies and for anglers.

Proposed Changes to the Catch Sharing Plan

    NMFS is proposing to approve and to make the following changes to 
the Plan:
    In section (f) of the Plan, Sport Fisheries, insert a new fourth 
sentence and revise the newly renumbered fifth, sixth, and seventh 
sentence of paragraph (1)(i) to read from the third sentence as 
follows:
    The structuring objective for this subarea is to provide a stable 
sport fishing opportunity and maximize the season length. To that end, 
the Puget Sound subarea may be divided into two regions with separate 
seasons to achieve a fair harvest opportunity within the subarea. Due 
to inability to monitor the catch in this area inseason, fixed seasons, 
which may vary and apply to different regions within the subarea, will 
be established preseason based on projected catch per day and number of 
days to achievement of the quota. Inseason adjustments may be made, and 
estimates of actual catch will be made postseason. The fishery will 
open in April or May and continue until a dates established preseason 
(and published in the sport fishery regulations) when the quota is 
predicted to be taken, or until September 30, whichever is earlier.
    In section (f), Sport Fisheries, paragraph 3 is revised to read as 
follows:
    (3) Possession limits. The sport possession limit on land is two 
daily bag limits, regardless of condition, but only one daily bag limit 
may be possessed on the vessel.

Proposed 2002 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2002. The 2002 TAC is unknown at 
this time, but information available from the IPHC indicates that the 
TAC may be similar to or somewhat higher than the TAC in 2001. The 
final TAC will be determined by the IPHC at its annual meeting January 
22-25, 2002. The proposed 2002 sport fishery regulations based on the 
2001 Area 2A TAC of 1,140,000 lb (517 mt) are as follows:

Washington Inside Waters (Subarea Puget Sound and Straits)

    This subarea would be allocated 57,393 lb (26 mt) at an Area 2A TAC 
of 1,140,000 lb (517 mt) in accordance with the Plan. The Washington 
Department of Fish and Wildlife (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 seasons and 
quota allocations. According to the Plan, the structuring objective for 
this subarea is to provide a stable sport fishing opportunity and to 
maximize the season length. In 2001, the fishery in this subarea was 49 
days long, from May 17 through July 22, held for 5 days per week 
(Thursday through Monday). For the 2002 fishing season, the fishery in 
this subarea would be set to meet the structuring objectives described 
in the Plan, possibly with separate seasons in eastern and western 
Puget Sound. The final determination of the season dates would be based 
on the allowable harvest level, projected 2002 catch rates, and on 
recommendations developed in a public workshop sponsored by WDFW after 
the 2002 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 108,030 lb (49 mt) at an Area 2A 
TAC of 1,140,000 lb (517 mt) in accordance with the Plan. 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 1, and continues 5 days per 
week (Tuesday through Saturday). The highest priority for local anglers 
is for the season to last through the month 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 2001, the fishery in this 
subarea was 29 days long, from May 1 through June 1, held for 5 days 
per week (Tuesday through Saturday); the season re-opened for June 16, 
and again July 1 through 4. For the 2002 fishing season, 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 2002 catch rates, and on 
recommendations developed in a public workshop sponsored by WDFW after 
the 2002 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 42,739 lb (19.4 mt) at an Area 2A 
TAC of 1,140,000 lb (517 mt) in accordance with the Plan. The fishery 
would open on May 1 and continue 5 days per week (Sunday through 
Thursday) until September 30, or until the quota is achieved, whichever 
occurs first. According to the Plan, the structuring

[[Page 6222]]

objective for this subarea is to maximize the season length, while 
maintaining a quality fishing experience. The fishery would be open 
Sunday through Thursday in all areas, except where prohibited, and the 
fishery will be open 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. 
Subsequent to the closure of the Washington South Coast subarea, if any 
remaining quota is sufficient for a nearshore fishery, the area from 
the Queets River south to 47 deg.00'00" N lat. and east of 
124 deg.40'00" W long. would be allowed 7 days per week until either 
the remaining subarea quota is estimated to have been taken and the 
season is closed by the IPHC, or until September 30, whichever occurs 
first. The daily bag limit would be one halibut of any size per day per 
person.

Columbia River Subarea

    This subarea would be allocated 10,487 lb (4.8 mt) at an Area 2A 
TAC of 1,140,000 lb (517 mt) in accordance with the Plan. The fishery 
would open on May 1 and continue 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 199,803 lb (90.6 mt) at an Area 2A 
TAC of 1,140,000 lb (517 mt) in accordance with the Plan. 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 charterboat and larger private 
boat anglers, and to provide a period of fishing opportunity during the 
summer in nearshore waters for small boat anglers. The May all-depth 
season would be allocated 135,866 lb (61.6 mt). Based on an observed 
catch per day trend in this fishery, an estimated 24,000 lb (10.9 mt) 
would be caught per day in 2002, resulting in a 5-day fixed season. In 
accordance with the Plan, the season dates would be May 9, 10, 11, 16, 
and 17. 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 for the north central and south central 
coast subareas combined would be allocated 17,150 lb (7.8 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 49,951 lb 
(22.7 mt), which may be sufficient for a 1-day or 2-day opening 
starting August 2, 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 the Oregon Department of Fish and 
Wildlife (ODFW) after the 2002 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 15,820 lb (7.2 mt) at an Area 2A 
TAC of 1,140,000 lb (517 mt) in accordance with the Plan. The May all-
depth season would be allocated 12,656 lb (5.7 mt) and, based on the 
observed catch per day trend in this fishery, an estimated 3,000 lb 
(1.4 mt) would be caught per day in 2002, resulting in a 4-day fixed 
season. In accordance with the Plan, the season dates would be May 10, 
11, 17, and 18. 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 is combined for the north 
central and south central coast subareas and would be allocated 17,150 
lb (7.8 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 
or 2 days on August 2, 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 2002 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 6,809 lb (3.1 mt) at an Area 2A TAC 
of 1,140,000 lb (517 mt) in accordance with the Plan. The proposed 2002 
sport season for this subarea would be the same as last year, with a 
May 1 opening and continuing 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 sport fishing regulations. 
The Area 2A TAC will be set by the IPHC at its annual meeting on 
January 22-25, 2002, in Seattle, WA. NMFS requests comments on the 
proposed changes to the Plan and sport fishing regulations by February 
22, 2002, 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 changes. 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 2002 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 February 22, 2002.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed changes to the Plan would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 603 et seq., 
requires government agencies to assess the effects that various 
regulatory alternatives would have on small entities, including 
small businesses, and to determine ways to minimize those effects. A 
fish-harvesting business is considered a ``small'' business by the 
Small Business Administration (SBA) if it has annual receipts not in 
excess of $3.0 million. For related fish-processing businesses, a 
small business is one that employs 500 or fewer persons. For marinas 
and charter/party boats, a small business is one with annual 
receipts not in excess of $5.0 million. All of the businesses that 
would be affected by this action are considered small businesses 
under SBA guidance. The Council considered two issues, with 
alternatives, and ultimately chose the alternative that balanced the 
conservation and socioeconomic risks and benefits associated with 
the Pacific halibut fishery off the West Coast. The relevant issues 
were equity in access to the resource for Washington anglers and 
logistical

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convenience for Oregon anglers on multi-day fishing vacations. The 
preferred alternatives were: (1) allowing the Washington Inside 
Waters sport fishery sub-quota to be taken in two separate seasons 
for two different regions within that sport fishery subarea; and (2) 
allowing Oregon sport fishers to retain and transport up to two 
halibut on land. Separating the Washington Inside Waters subarea 
into two seasons is primarily intended to allow anglers in eastern 
Puget Sound to have access to available halibut quota before the 
halibut migrate out of eastern Puget Sound. With two separate 
seasons, WDFW may also have a better opportunity to monitor and 
account for catch in the Inside Waters subarea. Allowing Oregon 
anglers to retain two halibut on land is intended to be more 
convenient for halibut anglers who participate in multi-day or 
multi-trip fishing vacations. Many participants in the Oregon 
charter halibut fisheries travel to the coast for fishing vacations. 
This policy change would allow an angler to transport two halibut on 
land without changing the at-sea bag limit of one fish. These 
changes are authorized under the Pacific Halibut Act, implementing 
regulations at 50 CFR 300.60 - .65, and the Council process of 
annually evaluating the utility and effectiveness of Area 2A Pacific 
halibut management under the Plan.
    Proposed changes to the Plan will affect charter fishing 
operations and anglers in Puget Sound, Washington, and off the coast 
of the State of Oregon. Neither state is able to make an accurate 
estimation of the number of anglers participating in their sport 
halibut fisheries. The proposal to separate the Inside Waters 
subarea is not expected to affect Washington anglers or charter 
fishing businesses except by allowing these persons and businesses 
to fish during times when halibut are more likely to be available in 
their regions within Puget Sound. The proposal to revise the Oregon 
on-land bag limit to two fish is a modest change to the Plan and is 
expected to have modest convenience benefits for Oregon anglers and 
the charter operations that cater to those anglers. These benefits 
include anglers being able to bring an additional fish on land after 
a multi-day fishing trip and operators possibly experiencing an 
increase in multi-day charters due to the increased on-land bag 
limit.
    These proposed changes to the Plan are insignificant and are 
expected to result in either no impact at all, or a modest increase 
in equity for all Washington anglers fishing in Puget Sound so that 
they are in parity of Oregon anglers, and in convenience for Oregon 
anglers and charter operators. These changes do not include any 
reporting or recordkeeping requirements. These changes will also not 
duplicate, overlap or conflict with other laws or regulations. 
Consequently, these changes to the Plan are not expected to meet of 
the RFA criteria of having a ``significant'' economic effect on a 
``substantial number'' of small entities, as stated in 5 U.S.C. 603 
et seq. The proposed sport management measures for 2002 merely 
implement the Plan at the appropriate level of TAC; their impacts 
are within the scope of the impacts analyzed in the EA/RIR for the 
Plan. Therefore, a regulatory flexibility analysis was not prepared.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

    Dated: February 5, 2002.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 02-3268 Filed 2-8-02; 8:45 am]
BILLING CODE 3510-22-S