[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Rules and Regulations]
[Pages 48572-48573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 030124019-3040-02; I.D. 073003C]


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 
would make additional potential season reopening dates available to 
halibut fishing in the Oregon central coast recreational fishing 
subarea. The purpose of this action is to allow increased access to 
Oregon's central coast recreational halibut quota.

DATES: Effective 0001 local time August 14, 2003, through the 2004 
specifications and management measures which will publish in a later 
Federal Register document. Comments on this rule will be accepted 
through August 29, 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 website 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 14167, March 24, 
2003, at 68 FR 22323, April 28, 2003, at 68 FR 23901, May 6, 2003 and 
at 68 FR 39024, July 1, 2003. Those regulations established the 2003 
area quota for the central coast of Oregon (Cape Falcon, OR to Humbug 
Mountain, OR) all-depth fishery of 229,103 lb (103.9 mt) and the 
related management measures. The third all-depth sport fishery season 
in this area, both north central and south central sub-areas, is 
scheduled to be open 2 days per week (Friday and Saturday) on 
previously announced specific dates, and the nearshore fishery (inside 
30-fathoms) is scheduled for 7 days per week.
    The pace of the all-depth halibut fishery has been slow off the 
Oregon central coast in recent years. Oregon Department of Fish and 
Wildlife (ODFW), the agency that directly monitors the sport halibut 
fishery off Oregon's coast, reports sport halibut catch in the 2003 
fishery, as of June 22, 2003, to have 114,815 lb (52.1 mt) of quota 
remaining out of a 229,103 lb (103.9 mt) quota for the Oregon central 
coast fishery (combined all-depth: north central Oregon and south 
central Oregon, May and August). This fishery is scheduled to be open 
on August 1, 2, 8 and 9, and if quota remains, on one or more of the 
following dates: August 22 and 23, September 5, 6, 19 and 20, October 
17 and 18. In order to increase opportunity for participation in sport 
halibut fisheries in the Oregon central coast subarea, ODFW recommended 
to NMFS and the International Pacific Halibut Commission (IPHC) that 
additional potential season reopening dates be available for the all-
depth fishery. If quota remains after the previously scheduled August 
1, 2, 8 and 9 opening, this change would increase the days available 
that a vessel could fish for halibut in the all-depth area. The 
additional potential reopening dates announced in this document allows 
flexibility in scheduling the remainder of the season and increased 
opportunity to attain the 2003 sport halibut quota for this subarea. 
ODFW hopes that by adding potential reopening dates, anglers will be 
able to access the full halibut quota for this subarea and not leave 
quota remaining, as in 2002, where about 50,000 lb (22.7 mt) of 
combined central coast quota remained.
    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 Oregon north central coast area is to provide two periods of 
fishing opportunity in Spring and in Summer in productive deeper water 
areas along the

[[Page 48573]]

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. The Catch Sharing Plan's structuring 
objective for the Oregon south central coast area is to create a south 
coast management zone that has the same objectives as the Oregon 
central coast subarea and is designed to accommodate the needs of both 
charterboat and private boat anglers in the south coast subarea where 
weather and bar crossing conditions very often do not allow scheduled 
fishing trips.
    In consultation with the ODFW and the IPHC, NMFS has determined 
that allowing the following additional potential reopening dates to 
sport halibut fishing in the Oregon central coast all-depth subarea: 
August 29 and 30, September 12, 13, 26, and 27, and October 3, 4, 10, 
and 11, meets the Catch Sharing Plan's objectives. Additionally, this 
action is not expected to result in bycatch of overfished groundfish 
species above the set asides for Oregon sport fisheries in 2003, 
particularly the 3.7 mt set aside for yelloweye rockfish.

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, at 68 FR 23901, May 6, 2003 and 
at 68 FR 39024, July 1, 2003) to read as follows:
    1. On page 10999, in the third column, in section 24. Sport Fishing 
for Halibut, paragraph (4)(b)(v)(A)(3) in the third column is revised 
to read as follows:

24. Sport Fishing for Halibut

* * * * *
    (3) If sufficient unharvested catch remains, the third season will 
open on August 1, 2, 8, and 9 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 announcement will be made on the NMFS hotline in mid-July as to 
whether the fishery will be open on August 1, 2, 8, and 9. No halibut 
fishing will be allowed on these dates unless the dates are announced 
on the NMFS hotline. If the harvest during this opening does not 
achieve the 229,103 lb (103.9 mt) quota, the season will reopen. 
Dependent on the amount of unharvested catch available, the potential 
season reopening dates will be: August 22, 23, 29 and 30, September 5, 
6, 12, 13, 19, 20, 26 and 27, October 3, 4, 10, 11, 17 and 18. If a 
decision is made inseason to allow fishing on one or more of these 
reopening dates, notice of the reopening date will be announced on the 
NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut fishing will 
be allowed on the reopening dates unless the date is announced on the 
NMFS hotline.
* * * * *
    2. On page 11000, in the first column, in section 24. Sport Fishing 
for Halibut, paragraph (4)(b)(vi)(A)(3)is revised to read as follows:

24. Sport Fishing for Halibut

* * * * *
    (3) If sufficient unharvested catch remains, the third season will 
open on August 1, 2, 8, and 9 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 announcement will be made on the NMFS hotline in mid-July as to 
whether the fishery will be open on August 1, 2, 8, and 9. No halibut 
fishing will be allowed on these dates unless the dates are announced 
on the NMFS hotline. If the harvest during this opening does not 
achieve the 229,103 lb (103.9 mt) quota, the season will reopen. 
Dependent on the amount of unharvested catch available, the potential 
season reopening dates will be: August 22, 23, 29 and 30, September 5, 
6, 12, 13, 19, 20, 26 and 27, October 3, 4, 10, 11, 17 and 18. If a 
decision is made inseason to allow fishing on one or more of these 
reopening dates, notice of the reopening date will be announced on the 
NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut fishing will 
be allowed on the reopening dates unless the date is announced on the 
NMFS hotline.
* * * * *

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)(3)(B) because doing so would be impracticable. 
Providing prior notice and opportunity for public comment would be 
impracticable because it might prevent fishers from achieving their 
recreational harvest opportunity for halibut within this subarea's 
quota for the season. NMFS has concluded, based on the slow rate of 
catch of halibut in Oregon's central coast recreational fishery in 
2003, fishers may not have an opportunity to harvest the 2003 quota if 
they are limited to the season open dates established pre-season. Thus, 
potential season reopening dates are announced in this action for the 
Oregon central coast all-depth sport halibut fishery. The additional 
potential reopening dates are intended to allow anglers an opportunity 
to attain the Oregon central coast halibut quota for 2003 and 
flexibility in scheduling openings for any or all of those dates. 
However, there was not sufficient time between getting the information 
on the slow season catch for 2003 and the additional reopening dates to 
afford the public prior notice and opportunity for comment. NMFS 
received the information on June 27, 2003. The first new reopening date 
is August 29, 2003. NMFS needed time to write and review the changes to 
the regulations. In addition, this action relieves a restriction by 
providing additional opportunity for anglers to harvest halibut if 
sufficient quota remains. If there are no additional reopening dates 
added to the season, anglers may be restricted by not being able to 
harvest the full halibut quota for 2003. For the above reasons and 
because this action relieves a restriction, 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)(1) and (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: 16 U.S.C. 773-773k.

    Dated: August 8, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-20680 Filed 8-13-03; 8:45 am]
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