[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Proposed Rules]
[Pages 6103-6108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2806]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 030124019-3019-01; I.D. 010703B]
RIN 0648-AQ67


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule; proposed changes to the Catch Sharing Plan and 
to 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: implement closed areas 
for the Washington North Coast sport fishery subarea and the nontreaty 
commercial halibut fishery to protect yelloweye rockfish; allocate 
subarea halibut quota between the May and June sport seasons in 
Washington's North Coast subarea; cap the incidental halibut retention 
allocation for the primary sablefish fishery at 70,000 lb (31.8 kg) 
when halibut is available to that fishery; move the season ending date 
for Oregon sport fisheries in the North Central and South Central areas 
from September 30 to October 31; provide more flexibility for inseason 
sport fishery management; and revise the names of Oregon sport seasons. 
These actions are intended to enhance the conservation of Pacific 
halibut and to protect yelloweye rockfish, and overfished groundfish 
species, from incidental catch in the halibut fisheries.

DATES: Comments on the proposed changes to the Plan and on the proposed 
sport fishery regulations must be received by February 18, 2003.

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 2003, and of the draft EA/RIR 
are also available at the NMFS Northwest Region Web site: 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 or Jamie Goen 
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736 and; 
e-mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: The Halibut Act of 1982, at 16 U.S.C. 773c, 
gives the Secretary of Commerce (Secretary) general responsibility for 
implementing the provisions of the Halibut Convention between the 
United States and Canada. It requires the Secretary to adopt such 
regulations as may be necessary to carry out the purposes and 
objectives of the Convention 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 between 1988 and 1995, the Pacific Fishery 
Management Council (Pacific Council) 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

[[Page 6104]]

fisheries in IPHC statistical Area 2A (off Washington, Oregon, and 
California).
    In 1995, NMFS implemented the Pacific Council-recommended long-term 
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 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.

Pacific Council Recommended Changes to the Plan

    Each year, the states and tribes consider whether changes to the 
Plan are needed or desired by their fishery participants. Fishery 
managers from the states and tribes hold public meetings before both 
the September and November Pacific Council meetings to get public input 
on revisions to the Plan. At the September 2002 Pacific Council 
meeting, the states recommended several changes to the Plan and the 
tribes announced that they had no proposal for revising the Plan in 
2003. Following the September 2002 Pacific Council meeting, the states 
again reviewed their proposals with the public and drafted their 
recommended revisions for review by the Pacific Council.
    At its October 29 through November 1, 2002, meeting, the Pacific 
Council considered the results of State-sponsored workshops on the 
proposed changes to the Plan and public comments, and made the final 
recommendations for modifications to the Plan as follows:
    (1) Divide the Washington North Coast subarea recreational quota 
such that 78 percent of the quota for that subarea is available to a 
May fishery and 22 percent is available for a late June fishery. Revise 
the closed area within this sport fishery subarea to better protect 
yelloweye rockfish, an overfished groundfish species.
    (2) Require non-treaty commercial vessels operating in the directed 
commercial fishery for halibut to fish offshore of 100 fm (184 m) to 
protect yelloweye rockfish.
    (3) Cap the incidental halibut retention allocation for the primary 
sablefish fishery at 70,000 lb (31.8 kg) when halibut is available to 
that fishery so that the fishery is maintained as an incidental, not 
directed, opportunity.
    (4) Change the season ending date for Oregon sport fisheries in the 
North Central and South Central areas from September 30 to October 31.
    (5) Revise the inseason management provisions to allow more 
flexibility for managers making inseason adjustments to fishery 
openings and closures to ensure that the available quota may be taken.
    (6) Change the names of the Oregon North Central and South Central 
all-depth fisheries from the ``May'' and ``August'' fisheries to the 
``Spring'' and ``Summer'' fisheries.

Proposed Changes to the Catch Sharing Plan

    NMFS is proposing to approve and to make the following changes to 
the Plan:
    In section (e) of the Plan, Non-Indian Commercial Fisheries, insert 
a new third sentence in paragraph (2) to read as follows:
    This fishery may also be managed with closed areas designed to 
protect overfished groundfish species. Any such closed areas will be 
described annually in Federal halibut regulations and published in the 
Federal Register.
    In section (e) of the Plan, Non-Indian Commercial Fisheries, add a 
sentence at the end of the first paragraph of paragraph (3) to read as 
follows:
    The amount of halibut allocated to the sablefish fishery will be 
shared as follows: up to 70,000 lb (31.8 kg) of halibut to the primary 
sablefish fishery north of Pt. Chehalis. Any remaining allocation will 
be distributed to the Washington sport fishery among the four subareas 
according to the sharing described in the Plan, Section (f)(1).
    In section (f) of the Plan, Sport Fisheries, revise the third 
sentence through the end of the paragraph of paragraph (1)(ii) to read 
from the third sentence as follows:
    The management objective for this subarea is to provide a quality 
recreational fishing opportunity during May and the latter part of 
June. To meet this objective, the north coast subarea quota will be 
allocated as follows: 72 percent for the month of May and 28 percent 
for the latter part of June. The fishery will open on May 1, and 
continue 5 days per week (Tuesday through Saturday) until the May 
allocation is projected to be taken. If May 1 falls on a Sunday or 
Monday, the fishery will open on the following Tuesday. The fishery 
will then reopen on the third Wednesday in June and continue until the 
remaining quota is projected to be taken, 5 days per week (Tuesday 
through Saturday.) No sport fishing for halibut is allowed after 
September 30. The daily bag limit in all fisheries is one halibut per 
person, with no size limit. A ``C-shaped'' yelloweye rockfish 
conservation area that is closed to recreational groundfish and halibut 
fishing is defined by the following coordinates in the order listed:
    48[deg]18' N. lat.; 125[deg]18' W. long.;
    48[deg]18' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 125[deg]18' W. long.;
    and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
    In section (f) of the Plan, Sport Fisheries, revise the third 
through the thirteenth sentence of paragraph (1)(v) to read from the 
third sentence as follows:
    The structuring objectives for this subarea are to provide two 
periods of fishing opportunity in spring and in summer in productive 
deeper water areas along the coast, principally for charterboat and 
larger private boat anglers, and provide a period of fishing 
opportunity in the summer for nearshore waters for small boat anglers. 
Fixed season dates will be established preseason for the spring and 
summer openings and will not be modified inseason except that the 
summer openings may be modified inseason if the combined Oregon all-
depth quotas are estimated to be achieved. Recent year catch-rates will 
be used as a guideline for estimating the catch rate for the spring and 
summer fisheries each year. The number of fixed season days established 
will be based on the projected catch per day with the intent of not 
exceeding the subarea season subquotas. Oregon Department of Fish and 
Wildlife (ODFW) will monitor landings and provide a postseason estimate 
of catch within 2 weeks of the

[[Page 6105]]

end of the fixed season. If sufficient catch remains for an additional 
day of fishing after the spring season or the summer season, the 
fishery may be reopened between May and June or August and October 
respectively. Additional opening dates for both the spring and summer 
seasons will be announced preseason. If a decision is made inseason to 
allow fishing on one or more additional days, notice of the opening 
will be announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. 
No all-depth halibut fishing will be allowed on the additional dates 
unless the opening date has been announced on the NMFS hotline. If 
preseason catch and effort estimates determine catch rates and quotas 
allocated to the Oregon North Coast and South Coast subareas will 
result in spring seasons of differing durations, quota may be shifted 
pre- or inseason to ensure that the two subareas have the same number 
of fishing days. Any poundage remaining unharvested in the spring all-
depth subquota will be added to the summer all-depth subquota. Any 
poundage that is not needed to extend the inside 30-fathom fishery 
through to October 31 will be added to the summer all-depth season if 
it can be used, and any poundage remaining unharvested from the summer 
all-depth fishery will be added to the inside 30-fathom fishery 
subquotas.
    In section (f) of the Plan, Sport Fisheries, paragraph (1)(v)(A) is 
revised to read as follows:
    The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until the combined subquotas 
for the North Central and South Central inside 30-fathom fisheries (7 
percent of the North Central subarea quota plus 20 percent of the South 
Central subarea quota) are taken, or until October 31, whichever is 
earlier. Poundage that is estimated to be above the amount needed to 
keep this season open through October 31 will be transferred to the 
summer all-depth fishery if it can be used. Any overage in the all-
depth fisheries would not affect achievement of allocation set aside 
for the inside 30-fathom curve fishery.
    In section (f) of the Plan, Sport Fisheries, revise the fourth 
through the thirteenth sentence of paragraph (1)(vi) to read from the 
third sentence as follows:
    Fixed season dates will be established preseason for the spring and 
summer openings and will not be modified inseason except that the 
summer openings may be modified inseason if the combined Oregon all-
depth quotas are estimated to be achieved. Recent year catch rates will 
be used as a guideline for estimating the catch rate for the spring 
fishery and summer fishery each year. The number of fixed season days 
established will be based on the projected catch per day with the 
intent of not exceeding the subarea season subquotas. ODFG will monitor 
landings and provide a postseason estimate of catch within 2 weeks of 
the end of the fixed season. If sufficient quota remains for an 
additional day of fishing after the spring season or the summer season, 
the fishery may be reopened from May to July and August to October 
respectively. Additional opening dates for both the spring and summer 
seasons will be announced preseason. If a decision is made inseason to 
allow fishing on one or more additional days, notice of the opening 
will be announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. 
No all-depth halibut fishing will be allowed on the additional dates 
unless the opening date has been announced on the NMFS hotline. If 
preseason catch and effort estimates determine catch rates and quotas 
allocated to the Oregon North Coast and South Coast subareas will 
result in spring seasons of differing durations, quota may be shifted 
preseason to ensure that the two subareas have the same number of fixed 
season days. Any poundage remaining unharvested in the spring all-depth 
subquota will be added to the summer all-depth sub-quota. Any poundage 
that is not needed to extend the inside 30-fathom fishery through to 
October 31 will be added to the summer all-depth season, if it can be 
used, and any poundage remaining unharvested from the August all-depth 
fishery will be added to the inside 30-fathom fishery subquotas.
    In section (f) of the Plan, Sport Fisheries, paragraph (1)(vi)(A) 
is revised to read as follows:
    The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until the combined subquotas 
for the North Central and South Central inside 30-fathom fisheries (7 
percent of the North central subarea quota plus 20 percent of the South 
Central subarea quota) are taken, or until October 31, whichever is 
earlier. Poundage that is estimated to be above the amount needed to 
keep this season open through October 31 will be transferred to the 
summer all-depth fishery if it can be utilized. Any overage in the all-
depth fisheries would not affect achievement of allocation set aside 
for the inside 30-fathom curve fishery.
    In section (f) of the Plan, Sport Fisheries, paragraph (5)(i)(C) is 
revised to read as follows:
    If any of the sport fishery subareas north of Cape Falcon, OR are 
not projected to utilize their respective quotas by September 30, NMFS 
may take inseason action to transfer any projected unused quota to 
another Washington sport subarea.
    In section (f) of the Plan, Sport Fisheries, paragraph (5)(i)(D) is 
added to read as follows:
    If any of the sport fishery subareas south of Leadbetter Point, WA 
are not projected to utilize their respective quotas by their season 
ending dates, NMFS may take inseason action to transfer any projected 
unused quota to another Oregon sport subarea.
    In section (f) of the Plan, Sport Fisheries, paragraph (5)(ii)(E) 
is revised to read as follows:
    Modification of subarea quotas north of Cape Falcon, OR.

Proposed 2003 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2003. The 2003 TAC for Area 2A was 
determined by the IPHC at its annual meeting January 21-24, 2003, to be 
1,310,000 lb (594 mt), the same as in 2002. The proposed 2003 sport 
fishery regulations based on the Area 2A TAC of 1,310,000 lb (594 mt) 
are as follows:

Washington Inside Waters (Subarea Puget Sound and Straits)

    This subarea would be allocated 63,278 lb (28.7 mt) at an Area 2A 
TAC of 1,310,000 lb (594 mt) in accordance with the Plan. 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 
2002, the fishery in this subarea was 49 days long, from May 23 through 
July 26, held for 5 days per week (Thursday through Monday). For the 
2003 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 2003 catch rates and on recommendations 
developed in a public workshop sponsored by Washington Department of 
Fish and Wildlife after the 2003 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 113,915 lb (52 mt) at an Area 2A 
TAC of 1,310,000 lb (594 mt) in accordance

[[Page 6106]]

with the Plan. According to the Plan, the management objective for this 
subarea is to provide a quality recreational fishing opportunity during 
May and the latter part of June. The fishery opens on May 1, and 
continues 5 days per week (Tuesday through Saturday) until 72 percent 
of the quota for the subarea has been taken, 82,019 lb (37 mt). The 
fishery will re-open on the third Wednesday in June, which is June 
18th, until the remaining quota for the subarea is taken, 31,896 lb (14 
mt). The daily bag limit would be one halibut of any size per day per 
person. A portion of this subarea would be closed to sport fishing for 
halibut as a yelloweye rockfish conservation area bounded by the 
following coordinates:
    48[deg]18' N. lat.; 125[deg]18' W. long.;
    48[deg]18' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 125[deg]18' W. long.;
    and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.

Washington South Coast Subarea

    This subarea would be allocated 48,623 lb (22 mt) at an Area 2A TAC 
of 1,310,000 lb (594 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 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 11,923 lb (5.4 mt) at an Area 2A 
TAC of 1,310,000 lb (594 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 230,639 lb (104.6 mt) at an Area 2A 
TAC of 1,310,000 lb (594 mt) in accordance with the Plan. The 
structuring objectives for this subarea are to provide two periods of 
fishing opportunity in spring (May-June) and in summer (August-October) 
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 156,835 lb 
(71 mt). Based on an observed catch per day trend in this fishery, an 
estimated 24,000 - 29,000 lb (10.9-13.1 mt) would be caught per day in 
2003, resulting in a 5 to 6 day fixed season. In accordance with the 
Plan, the season dates could be May 8, 9, 10, 15, 16, and 17. An 
appropriate number of additional fishing days will be scheduled for 
late May or early June and fishing will be allowed on those days if the 
quota has not already been taken. The restricted depth fishery inside 
30 fathoms for the North Central and South Central coast subareas 
combined would be allocated 19,797 lb (9 mt), starting May 1 through 
October 31 or until the TAC is attained, whichever occurs first. The 
August coastwide all-depth fishery (Cape Falcon to Humbug Mountain) 
would be allocated 57,660 lb (26 mt), which may be sufficient for a 3-
day or 2-day opening, starting August 1, 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 Oregon Department of Fish 
and Wildlife after the 2003 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 18,261 lb (8.3 mt) at an Area 2A 
TAC of 1,310,000 lb (594 mt) in accordance with the Plan. The May all-
depth season would be allocated 14,609 lb (6.6 mt) and, based on the 
observed catch per day trend in this fishery, an estimated 2,400 - 
2,900 lb (1.1-1.3 mt) would be caught per day in 2003, resulting in a 5 
to 6 day fixed season. In accordance with the Plan, the season dates 
could be May 8, 9, 10, 15, 16 and 17. An appropriate number of 
additional fishing days will be scheduled for late May or early June 
and fishing will be allowed on those days if the quota has not already 
been taken. The restricted depth fishery inside 30 fathoms is combined 
for the North Central and South Central coast subareas and would be 
allocated 19,797 lb (9 mt), starting May 1 through October 31 or until 
the TAC is attained, whichever occurs first. The August coastwide all-
depth fishery (Cape Falcon to Humbug Mountain) would be allocated 
57,660 lb (26 mt), which may be sufficient for a 3-day opening, 
starting August 1, based on the expected catch per day. 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 2003 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 7,860 lb (3.6 mt) at an Area 2A TAC 
of 1,310,000 lb (594 mt) in accordance with the Plan. The proposed 2003 
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 Pacific Council's recommended 
modifications to the Plan and the proposed sport fishing regulations. 
The Area 2A TAC were set by the IPHC at its annual meeting on January 
21-24, 2003, in Victoria, British Columbia. NMFS requests comments on 
the proposed changes to the Plan and sport fishing regulations by 
February 18, 2003, after the 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

[[Page 6107]]

halibut sport fishery concurrent with the IPHC regulations for the 2003 
Pacific halibut fisheries.

Housekeeping Revision to Halibut Regulations

    With this rule, NMFS is proposing a minor housekeeping revision to 
the Federal halibut regulations at 50 CFR 300.63, which authorizes 
vessels with IPHC licenses that are operating in the primary sablefish 
longline fishery north of Pt. Chehalis to land halibut taken 
incidentally in that fishery. The housekeeping revision would alter the 
regulations to more clearly state that no halibut taken in this fishery 
may be landed south of Pt. Chehalis, an action that would be contrary 
to the Plan. This is a minor clarification and has no effect on the 
environment.

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 18, 2003.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, 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 
SBA if it has annual receipts not in excess of $3.5 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 proposed changes to the Area 2A Catch Sharing Plan (Plan), 
which allocates the catch of Pacific halibut among users in 
Washington, Oregon and California, would: (1) Allocate the 
Washington North Coast sport fishery sub-area quota, 78 percent for 
a May fishery and 22 percent for a late June fishery; (2) Revise the 
closed area within the Washington north coast subarea so that it is 
better situated to protect yelloweye rockfish, an overfished 
groundfish species; (3) Require non-treaty commercial vessels 
operating in the directed commercial fishery for halibut to fish 
offshore of 100 fm to protect yelloweye rockfish; (4) Set the 
incidental halibut retention allocation for the primary sablefish 
fishery at 70,000 lb; (5) Move the season ending date for Oregon 
sport fisheries in the North Central and South Central areas to 
October 31; (6) Revise the inseason management measures provisions 
to allow more flexibility for managers making inseason adjustments 
to fishery openings and closures.
    Setting a more clear allocation between the May and late June 
fisheries in the Washington north coast fishery subarea is primarily 
intended to recognize the historical but informal allocation between 
these two fisheries. A formal allocation is also intended to reduce 
inseason pressure from anglers asking managers to move quota from 
May to June or vice versa. The Yelloweye Rockfish Conservation Area 
within the Washington North Coast and the closure of nontreaty 
commercial fishing opportunities in depths inshore of the 100 fm 
(184 m) depth contour are intended to protect yelloweye rockfish, an 
overfished species, from being incidentally caught in directed 
halibut fisheries. Specifying a 70,000 lb (31.8 mt) cap on the 
allocation to the primary sablefish longline fishery when the 
overall Area 2A TAC is over 900,000 lb (408 mt) is intended to 
maintain this fishery as an incidental catch fishery and to return 
halibut quota to the sport halibut fisheries, where it is more 
likely to be taken. Other proposed changes to the Plan are either 
editorial or intended to provide managers with more flexibility for 
adjusting fisheries inseason in order to ensure the available quota 
is taken. These changes are authorized under the Pacific Halibut Act 
and implementing regulations at 50 CFR 300.60-65.
    Proposed changes to the Plan will affect charter fishing 
operations and anglers who operate off the north coast of Washington 
state and participants in the nontreaty directed commercial fishery. 
In 2002, approximately 1,888 anglers participated in the Washington 
north coast sport fishery from charterboats and 4,875 anglers 
participated from private boats. In 2002, IPHC issued 252 licenses 
to participate in either the directed commercial fishery or the 
primary longline sablefish fishery. Revisions to the plan affecting 
the Washington north coast sport fishery subarea are expected to 
have either no economic effect or a modest positive effect based on 
fuel and maintenance savings from having more open fishing areas 
closer to shore while setting the closed area farther offshore. The 
revision to the Plan to set the primary longline sablefish fishery 
allocation at 70,000 lb (31.8 mt) is not expected to have any effect 
on this fishery, which caught less than that amount in 2001 and 
2002, the only years this incidental halibut fishing opportunity was 
open. The revision to the Plan to require nontreaty directed 
commercial vessels to operate offshore of a boundary line 
approximating the 100 fm (184 m) is expected to have no economic 
effect or a modest negative effect based on greater fuel and 
maintenance costs associated with having to fish farther offshore.
    The proposed changes to the Plan are expected to result in a 
modest increase in fishery and regulatory convenience for sport 
fisheries and/or a modest decrease in fishery convenience for the 
nontreaty directed commercial fishery. The proposed sport management 
measures for 2003 implement the Plan by managing the recreational 
fishery to meet the differing fishery needs of the various areas 
along the coast according to the Plan's objectives. The measures for 
2003 will be very similar to last year's management measures. 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 any of the RFA tests of having a 
``significant'' economic impact on a ``substantial number'' of small 
entities.
    As a result, an initial regulatory flexibility analysis was not 
prepared.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    Pursuant to Executive Order 13175, the Secretary of Commerce 
recognizes the sovereign status and co-manager role of Indian tribes 
over shared Federal and tribal fishery resources. At section 302(b)(5), 
the Magnuson-Stevens Fishery Conservation and Management Act reserves a 
seat on the Pacific Council for a representative of an Indian tribe 
with federally recognized fishing rights from California, Oregon, 
Washington, or Idaho.
    The U.S. government formally recognizes that the thirteen 
Washington Tribes have treaty rights to fish for Pacific halibut. In 
general terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed (U and A) fishing areas (described at 50 CFR 660.324). 
Each of the treaty tribes has the discretion to administer their 
fisheries and to establish their own policies to achieve program 
objectives. Accordingly, tribal allocations and regulations, including 
the proposed changes to the Plan, have been developed in consultation 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements, Treaties.

    Dated: January 30, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended as follows:

[[Page 6108]]

PART 300 INTERNATIONAL FISHERIES REGULATIONS, SUBPART E--PACIFIC 
HALIBUT FISHERIES

    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, paragraph (a)(3)(ii) is revised to read as 
follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (ii) It is unlawful for any person to possess or land halibut south 
of 46[deg]53'8'' N. lat. that were taken and retained as incidental 
catch authorized by this section in the directed longline sablefish 
fishery.
* * * * *
[FR Doc. 03-2806 Filed 2-5-03; 8:45 am]
BILLING CODE 3510-22-S