[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Rules and Regulations]
[Pages 58731-58733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23738]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 020131023-2056-02; I.D. 091002F]


Pacific Halibut Fisheries; Oregon Sport Fisheries

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

ACTION: Inseason action; request for comments.

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SUMMARY: NMFS announces changes to the regulations for the Area 2A 
sport halibut fisheries off the central coast of Oregon. This action 
opens the all-depth sport halibut fisheries off the central Oregon 
coast for additional days on September 18 and 19. The intention of this 
action is to give Oregon anglers access to remaining 2002 halibut quota 
before the closure of West Coast sport halibut fisheries on September 
30, 2002.

DATES: Effective 0001 local time, September 13, 2002, through the 
Federal Register publication of the 2003 specification management 
measures. Comments on this rule will be accepted through October 3, 
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 website 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 (Plan) for 
Pacific halibut off Washington, Oregon, and California was implemented 
for 2002 via final rule on March 20, 2002 (67 FR 12885). Those 
regulations established the 2002 combined north central and south 
central Oregon subquota for all-depth sport fisheries at 229,103 lb 
(104 mt) This fishery is managed with two

[[Page 58732]]

main all-depth openings in May and in August, with subquotas for the 
separate openings. If the main May all-depth opening does not take all 
of the halibut set aside for that opening, NMFS coordinates with the 
Oregon Department of Fish and Wildlife (ODFW) and with the 
International Pacific Halibut Commission (IPHC) to reopen the fishery 
in May and June on pre-determined days. Any May all-depth quota that is 
not taken in the main May opening or in subsequent May-June openings is 
held for use in the August all-depth fishery. If the main August all-
depth opening does not take all of the halibut set aside for that 
fishery, NMFS again coordinates with ODFW and IPHC to reopen the 
fishery in August and September on pre-determined days. For 2002, the 
Plan's final rule set pre-determined additional opening days for 
August-September on August 23-24 and on September 20-21.
    Oregon central coast sport halibut landings have proceeded at an 
unusually slow pace in 2002. Participating anglers and charterboat 
operators attribute the decreased fishery participation to both bad 
weather days and to a lower nation-wide public interest in recreational 
traveling. The May all-depth fisheries took approximately 126,255 lb 
(57 mt) which is 45,189 lb (21 mt) below the 171,444 lb (78 mt) of 
halibut available for these fisheries.
    The halibut quota not taken in the main May all-depth opening and 
the subsequent May-June all-depth reopenings was made available to the 
August all-depth opening, increasing the pre-season August all-depth 
quota from 57,660 lb (26 mt) to 102,949 lb (46.7 mt). The main August 
all-depth opening was held on August 2 and 3. Because this main opening 
again did not take the quota available to the August-September all-
depth fisheries, NMFS conferred with ODFW and IPHC and re-opened the 
fishery on the pre-determined reopening dates of August 23-24.
    In reviewing Oregon central coast sport halibut landings through 
the August 23-24 fishery, ODFW alerted NMFS and IPHC that an additional 
39,732 lb (18 mt) of halibut remained in the all-depth quota. In 
addition, the state agency also reported that the Oregon central coast 
nearshore fishery had taken just 2,017 lb (0.9 mt) of its 19,797 lb 
(9.0 mt) quota through the end of August.
    NMFS reviewed the Plan, the 2002 halibut fishery regulations, and 
central Oregon landings through the end of August with ODFW and IPHC 
via telephone conference on August 30, 2002. Under the Plan, NMFS may 
move halibut quota from the nearshore fishery to the all-depth fishery 
if it appears unlikely that the nearshore fishery will use all of its 
quota before the season closure on September 30. Also under paragraph 
(f)(5) of the Plan, ``Flexible Inseason Management Measures,'' NMFS may 
take inseason action to revise or add fishing season dates if the 
action is necessary to allow allocation objectives to be met, and if 
the action will not result in exceeding the catch limit for the area.
    In reviewing available halibut quota from the nearshore and all-
depth fisheries and landings patterns in the all-depth fisheries for 
2002, NMFS, ODFW, and the IPHC determined that both the all-depth 
fishery and the nearshore fishery landings for 2002 would likely be 
well below their quotas without additional inseason measures to allow 
all-depth fishing beyond the pre-determined reopening dates of 
September 20 and 21. In conferring, the agencies agreed that by 
shifting 15,000 lb (6.8 mt) of quota from the nearshore fishery to the 
all-depth fishery, adequate quota would remain available to the 
nearshore fishery for the remainder of the 2002 season. The agencies 
also agreed that by adding 15,000 lb (6.8 mt) to the halibut available 
to the all-depth fishery for a total of 54,732 lb (24.8 mt,) sufficient 
quota would be available to provide additional all-depth opening dates. 
The all-depth halibut fishery is expected to take approximately 10,000 
lb (4.5 mt) to 12,000 lb (5.4 mt) per day.
    NMFS discussed potential additional opening dates with ODFW and 
IPHC and determined that re-opening the fishery for 4 consecutive days, 
September 18-21, would be preferable to re-opening on the pre-
determined dates of September 20-21 and then again on the following 
weekend of September 27-28. Oregon's recreational hunting season opens 
the last weekend of September and many of the persons who would 
normally participate in recreational halibut fisheries are expected to 
also participate in the start of the hunting season. NMFS determined 
that allowing additional all-depth opportunities for the purpose of 
maximizing angler access to the quota would be best accomplished by 
providing additional opening dates prior to the start of the Oregon 
hunting season.
    To meet the objectives of the Plan and for the reasons stated 
above, NMFS has determined that an inseason management action is needed 
to provide additional opening dates for the Oregon central coast all-
depth sport halibut fishery on September 18 and 19, 2002. This inseason 
action would set the final all-depth opportunity for Oregon central 
coast sport halibut fishing for September 18-21.

NMFS Action

    For the reasons stated above, NMFS announces the following change 
to the 2002 Pacific halibut management measures (67 FR 12885, March 20, 
2002).
    1. On page 12895, in section 24. Sport Fishing for Halibut, 
paragraph (4)(b)(v)(A)(3) is revised to read as follows:

24. Sport Fishing for Halibut

* * * * *
    (4) * * *
    (b) * * *
    (v) * * *
    (A) * * *
    (3) The third season is open on August 2 and/or 3 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 229,103 lb (103.9 
mt) are estimated to have been taken and the area is closed by the 
Commission, whichever is earlier. An inseason announcement will be made 
in mid-July as to whether the fishery will be open on August 2 and/or 
3. If the harvest during this opening does not achieve the 229,103 lb 
(103.9 mt) quota, the season will reopen. Season reopening dates are 
August 23, 24, and September 18-21. If a decision is made inseason to 
allow fishing on one or more of these dates, notice of the reopening 
date will be announced on the NMFS hotline (206) 526-6667 or (800) 662-
9825.
* * * * *
    2. On page 12896, in section 24. Sport Fishing for Halibut, 
paragraph (4)(b)(vi)(A)(3) is revised to read as follows:

24. Sport Fishing for Halibut

* * * * *
    (4) * * *
    (b) * * *
    (vi) * * *
    (A) * * *
    (3)The third season is open on August 2 and/or 3 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 229,103 lb (103.9 
mt) are estimated to have been taken and the area is closed by the 
Commission, whichever is earlier. An inseason announcement will be made 
in mid-July as to whether the fishery will be open on August 2 and/or 
3. If the harvest during this opening does not achieve the 229,103 lb 
(103.9 mt) quota, the season will reopen. Season

[[Page 58733]]

reopening dates are August 23, 24, and September 18-21. If a decision 
is made inseason to allow fishing on one or more of these dates, notice 
of the reopening date will be announced on the NMFS hotline (206) 526-
6667 or (800) 662-9825.
* * * * *

Classification

    This action is authorized by the regulations implementing the Area 
2A Pacific Halibut 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 because it would delay action beyond the September 30, 
2002, closure of West Coast sport halibut fisheries. Providing prior 
notice for public comment would be contrary to the public interest 
because it would prevent the Oregon sport fisheries from having access 
to remaining halibut quota available off the central Oregon coast. 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.

    Dated: September 13, 2002
John H. Dunnigan
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-23738 Filed 9-13-02; 4:27 pm]
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