[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39024-39026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16568]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 030124019-3040-02; I.D. 061903C]
RIN 0648-AQ67


Pacific Halibut Fisheries; Washington Sport Fisheries

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

ACTION: Inseason action; request for comments.

-----------------------------------------------------------------------

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 of the week open to halibut fishing in the 
Washington south coast recreational fishing subarea. The purpose of 
this action is to allow increased access to Washington's south coast 
recreational halibut quota while monitoring yelloweye rockfish 
interception.

DATES: Effective 0001 local time, June 27, 2003, through the Federal 
Register publication of the 2004 specifications and management 
measures. Comments on this rule will be accepted through July 16, 2003.

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: Jamie Goen or Yvonne deReynier (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 7, 2003 (68 FR 10989, as amended at 68 FR 22323, April 28, 
2003 and at 68 FR 23901, May 6, 2003). Those regulations established 
the 2003 area quota for the south coast of Washington (Queets River, WA 
to Leadbetter Point, WA) fishery of 48,623 lb (22.1 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.
    The pace of the all-depth halibut fishery is anticipated to slow 
off the south Washington coast, similar to 2002, beginning with the 
start of the recreational chinook and coho salmon fishery on June 22, 
which will be open through the earlier of September 14 or quota 
attainment. In 2002, effort shifted from the sport halibut fishery to 
the

[[Page 39025]]

recreational chinook and coho salmon fisheries and a similar shift is 
expected between these fisheries in 2003.
    In 2002, in order to provide more opportunity for the sport halibut 
fishery to attain their quota for the Washington south coast subarea, 
an adjustment to the fishing days per week was made inseason (67 FR 
46420, July 15, 2002). The sport halibut fishing days were shifted in 
2002 from 5 days per week (Sunday through Thursday) to 2 days per week 
(Friday and Saturday) so as not to coincide with the recreational 
salmon fishery which was open 5 days per week (Sunday through 
Thursday). Even with this shift in fishing days to increase opportunity 
for sport halibut fishing without directly competing with recreational 
salmon fishing, effort still remained low in the sport halibut fishery. 
The sport halibut quota was not attained for the south Washington coast 
subarea in 2002 and 4,221 lb (1.9 mt) remained out of a 42,739 lb (19.4 
mt) subarea quota.
    Sport halibut catch in the 2003 fishery, as of June 1, 2003, 
reports 16,593 lb (7.5 mt) of quota remaining out of a 48,623 lb (22.1 
mt) quota for the Washington south coast fishery (both all-depth and 
nearshore). This fishery is scheduled to be open through September 30 
or until quota attainment, whichever occurs earlier. Based on data from 
2002 and prior years, Washington Department of Fish and Wildlife 
(WDFW), the agency that directly monitors the sport halibut fishery off 
Washington's coast, anticipated that the pace of the sport halibut 
fishery would slow in late June as effort shifted into recreational 
salmon fisheries. In order to increase opportunity for participation in 
sport halibut fisheries in the Washington south coast subarea, 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 chinook and coho salmon fisheries) to a 7-days per week 
fishery. This change would increase the days of the week that a vessel 
could fish for halibut in the all-depth area to mirror the 7-days per 
week sport fishery for halibut in the nearshore area. WDFW predicts 
that most effort in the sport halibut fishery will shift to Friday and 
Saturday, when there is no opportunity to fish for salmon. However, 
opening the fishery to 7-days per week allows that flexibility and 
increased opportunity to attain the 2003 sport halibut quota for this 
subarea. WDFW is concerned about potential overfished rockfish bycatch 
in the halibut sport fishery, particularly yelloweye rockfish, and is 
monitoring recreational fisheries to keep bycatch of yelloweye rockfish 
below approximately 7,716 lb (3.5 mt) statewide. At the end of May, 
bycatch of yelloweye rockfish in Washington's recreational fisheries 
was estimated to be at approximately 2,535 lb (1.15 mt).
    Section 25 of the 2003 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 7 days-per 
week fishery. The purpose of increasing the days per week that may be 
fished is to improve opportunity for sport halibut quota attainment in 
the south Washington coast subarea in 2003.
    In consultation with the WDFW and the IPHC, NMFS has determined 
that increasing the fishing days per week in the Washington south coast 
all-depth subarea to sport halibut fishing 7 days per week 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 not expected to 
result in bycatch of overfished groundfish species, particularly 
yelloweye rockfish, above the 3.5 mt set aside for Washington sport 
fisheries in 2003.

NMFS Action

    For the reasons stated above, NMFS announces the following change 
to the 2003 annual management measures (68 FR 10989, March 7, 2003, as 
amended at 68 FR 22323, April 28, 2003 and at 68 FR 23901, May 6, 2003) 
to read as follows:
    1. On page 10999, in section 24. Sport Fishing for Halibut, 
paragraph (4)(b)(iii)(A) in the second column is revised to read as 
follows:
    24. Sport Fishing for Halibut
* * * * *
    (A) The fishing season commences on May 1 and continues 5 days a 
week (Sunday through Thursday) in all waters, and commences on May 1 
and continues 7 days a week in the area from Queets River south to 
47[deg]00'00'' N. lat. and east of 124[deg]40'00'' W. long., until June 
26. Beginning June 27, the fishing season continues 7 days a week in 
all waters, including the area from Queets River south to 
47[deg]00'00'' N. lat. and east of 124[deg]40'00'' W. long., until 
48,623 lb (22.1 mt) are estimated to have been taken and the season is 
closed by the Commission, or until September 30, whichever occurs 
first.
* * * * *

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 because it would delay this 
action and prevent fishers from accessing the 2 additional fishing days 
per week that do not overlap with the recreational salmon fishery in an 
effort to attain the Washington south coast halibut quota for 2003. 
Delaying this action may unnecessarily reduce the likelihood that the 
sport halibut fishery in the Washington south coast subarea would 
achieve the Catch Sharing Plan's objective of attaining the 2003 quota. 
In addition, some public input on this action was already received via 
teleconference on June 5, 2003, with NMFS, the IPHC, WDFW, and 4 
Washington south coast recreational fishing constituents. Delaying this 
action is contrary to the public interest because it would force 
anglers to choose between fishing for halibut or fishing for salmon 
during the same 5 fishing days (Sunday through Thursday), which would 
reduce the opportunity to participate in both fisheries. 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 7, 2003 (68 FR 10989), and has been determined to be 
not significant for purposes of Executive Order 12866.

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


[[Page 39026]]


    Dated: June 25, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-16568 Filed 6-26-03; 2:11 pm]
BILLING CODE 3510-22-S