[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Rules and Regulations]
[Pages 46420-46422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17704]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 020131023-2056-02; I.D. 070302B]


Pacific Halibut Fisheries; Washington Sport Fisheries

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

ACTION: Inseason action and partial closure; request for comments.

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SUMMARY: NMFS announces changes to the regulations for the Area 2A 
sport halibut fisheries off the south coast of Washington. This action 
would change the days and the area open to halibut fishing along the 
south coast. The purpose of this action is to allow continued access to 
Washington's south coast halibut quota while reducing the likelihood of 
yelloweye rockfish interception.

DATES: Effective 0001 local time, July 12, 2002, through the Federal 
Register

[[Page 46421]]

publication of the 2003 specifications and management measures. 
Comments on this rule will be accepted through July 30, 2002.

ADDRESSES: Submit comments to D. Robert Lohn, Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070. 
This Federal Register document is available on the Government Printing 
Office's Web site at: http://www.access.gpo.gov/su_docs/aces/aces140.html.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Jamie Goen (NMFS, 
Northwest Region) 206-526-6140.

SUPPLEMENTARY INFORMATION: The Area 2A Catch Sharing Plan for Pacific 
halibut off Washington, Oregon, and California is implemented in the 
annual management measures for the Pacific halibut fisheries published 
on March 20, 2002 (67 FR 12885). Those regulations established the 2002 
area quota for the south coast of Washington (Queets River to 
Leadbetter Point) fishery of 42,739 lb (19.4 mt) and the related 
management measures. The all-depth sport fishery in this area is 
scheduled for 5 days per week (Sunday through Thursday), and the 
nearshore fishery is scheduled for 7 days per week.
    Over the last 4 weeks, the pace of the all-depth halibut fishery 
has slowed, due in part to a shift in fishing effort into the 
recreational chinook salmon fishery, which was open from May 25 through 
June 16 off the Washington coast. Effort in the sport halibut fishery 
is expected to remain low due to the opening of the recreational coho 
salmon fishery in the Westport, WA area. The coho fishery starts June 
30 and lasts 5 days per week (Sunday through Thursday) through the 
earlier of September 8 or quota attainment.
    As of June 27, 2002, a total of 1,919 lb (0.87 mt) of halibut were 
landed over the last 4 weeks compared to 31,390 lb (14.24 mt) over the 
first 4 weeks of the fishery. The quota left remaining for the 
Washington south coast fishery (both all-depth and nearshore) is 9,430 
lb (4.28 mt). Although the pace of the south coast all-depth fishery 
has slowed, Washington Department of Fish and Wildlife (WDFW), the 
agency that directly monitors the sport halibut fishery off 
Washington's coast, is concerned about leaving the entire south coast 
all-depth fishery open 5 days per week because of potential rockfish 
bycatch in the halibut sport fishery. WDFW is trying to keep bycatch of 
non-target species in the recreational fisheries below approximately 
6,614 lb (3 mt) statewide. At the end of May, bycatch of non-target 
species was estimated to be at approximately 3,527 lb (1.6 mt). Bycatch 
of yelloweye rockfish, an overfished groundfish species, is of 
particular concern in the sport halibut fisheries. In order to keep the 
south coast all-depth fishery open while reducing the likelihood that 
the fishery will intercept yelloweye rockfish, WDFW recommended to NMFS 
and the International Pacific Halibut Commission (IPHC) that the all-
depth fishery be changed from a 5 days per week fishery (Sunday through 
Thursday - the same open days as the recreational coho salmon fishery) 
to a 2 day per week fishery (Friday and Saturday). While this change 
would reduce the days of the week that a vessel could fish for halibut, 
thus reducing the chance of intercepting yelloweye rockfish, it would 
also allow more opportunity for sport boats to fish because they could 
target halibut on days when the salmon fishery is closed.
    In addition to a reduction in fishing days per week, WDFW proposed 
to restrict the all-depth area that can be fished to the following two 
areas: (1) an area known as the ``Westport, WA halibut hot spot'' and 
(2) an area from Grays Harbor, WA south to Leadbetter Point, WA. NMFS 
proposes to allow only these areas to remain open because it would 
allow fishing for halibut in areas that have minimal yelloweye rockfish 
bycatch. The Westport, WA halibut hot spot is a three mile by three 
mile area approximately 34 miles offshore defined by the following 
coordinates: 47 deg.19' N. lat. by 124 deg.53' W. long., 47 deg.19' N. 
lat. by 124 deg.48' W. long., 47 deg.16' N. lat. by 124 deg.53' W. 
long., and 47 deg.16' N. lat. by 124 deg.48' W. long. Because the 
Westport, WA halibut hot spot is farther offshore, it is primarily 
accessible to charter boats and larger private vessels. In order to 
allow equal halibut opportunity to smaller private vessels along the 
south coast of Washington, WDFW also proposed to open an area closer to 
shore within an area defined by the following coordinates: 47 deg.00' 
N. lat. south to 46 deg.38'10" N. lat.(Leadbetter Point, WA), and east 
of 124 deg.27 W. long.
    Section 25 of the 2002 Pacific halibut regulations provides NMFS 
with the authority 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 Catch Sharing Plan's structuring objective for 
the Washington south coast area is to maximize the season length, while 
maintaining a quality fishing experience.
    The Washington south coast all-depth subarea would be changed from 
a 5 days per week (Sunday through Thursday) fishery to a 2 days per 
week (Friday and Saturday) fishery. Additionally, sport fishing for 
halibut in this area would be restricted to an area known as the 
Westport, WA halibut hot spot and an area closer to shore between Grays 
Harbor, WA and Leadbetter Point, WA. The purpose of leaving these areas 
open is to lengthen the season by allowing fishers access to areas of 
more abundant halibut while reducing the likelihood of yelloweye 
rockfish interception.
    In consultation with the WDFW and the IPHC, NMFS has determined 
that restricting the Washington south coast all-depth subarea to 
halibut fishing only on Fridays and Saturdays in the areas defined 
above meets the Catch Sharing Plan's objective of providing a quality 
fishing experience without allowing the fishery to exceed the 
Washington south coast halibut quota. Additionally, this action is 
expected to protect an overfished groundfish species, yelloweye 
rockfish.

NMFS Action

    For the reasons stated above, NMFS announces the following change 
to the 2002 annual management measures (67 FR 12885, March 20, 2002).
    1. On page 12895, in section 24. Sport Fishing for Halibut, 
paragraph (4)(b)(iii)(A) is revised to read as follows:

24. Sport Fishing for Halibut

* * * * *
    (A) The south coast area (Queets River to Leadbetter Point) will 
remain open until 42,739 lb (19.4 mt) is estimated to have been taken 
and the season is closed by the Commission, or until September 30, 
whichever occurs first.
    (1) The fishing season commences May 1 and continues 7 days a week 
in the area from Queets River south to 47 deg.00' N. lat. and east of 
124 deg.40' W. long.
    (2) The fishing season commences on May 1 and continues 5 days per 
week (Sunday through Thursday) in all waters until July 11. Starting 
July 12, the fishing season will be 2 days a week (Friday and Saturday) 
in the area outside the area described in (A)(1), but will be 
restricted to two areas defined by the following coordinates:
    (i) 47 deg.19' N. lat. by 124 deg.53' W. long., 47 deg.19' N. lat. 
by 124 deg.48' W. long., 47 deg.16' N. lat. by 124 deg.53' W. long., 
and 47 deg.16' N. lat. by 124 deg.48' W. long and
    (ii) 47 deg.00' N. lat. south to 46 deg.38'10" N. lat.(Leadbetter 
Point), and east of 124 deg.27' W. long.
* * * * *

[[Page 46422]]

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. The Assistant Administrator for Fisheries, 
NOAA (AA), has determined that good cause exists for this document to 
be published without affording a prior opportunity for public comment 
under 5 U.S.C. 553(b)(B) because doing so would be impracticable and 
contrary to the public interest. Providing prior notice and opportunity 
for public comment would be impracticable and contrary to the public 
interest because it would delay this action and lead to earlier season 
closures and a greater likelihood of yelloweye rockfish interception in 
the halibut sport fishery off Washington's south coast. It is contrary 
to the public interest because it would delay this action and prevent 
fishers from continuing to access the Washington south coast halibut 
quota while avoiding yelloweye rockfish. For the above reasons, the AA 
has also determined that good cause exists to waive the delay of 
effectiveness of this action under 5 U.S.C. 553(d)(3).
    Public comments will be received for a period of 15 days after the 
effectiveness of this action. This action is authorized by Section 25 
of the annual management measures for Pacific halibut fisheries 
published on March 20, 2002 (67 FR 12885), and has been determined to 
be not significant for purposes of Executive Order 12866.

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

    Dated: July 10, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-17704 Filed 7-10-02; 4:31 pm]
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