[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8162-8172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3753]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 04020949-4049-01 ; I.D. 012204B]
RIN 0648-AR83


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 domestic Area 2A halibut management measures.

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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: provide more flexibility 
for Washington inseason sport fishery management; revise the public 
announcement process for the Puget Sound sport fishery (Washington's 
inside waters subarea); revise season dates for the Washington North 
Coast and South Coast sport fisheries; combine the Oregon North Central 
and South Central subareas; revise the ``additional fishing days'' 
season structure for Oregon's spring and summer sport fisheries; extend 
the season closing date for Oregon/California sport fisheries in the 
South of Humbug Mountain subarea; and change the depth restriction for 
Oregon's nearshore sport fishery. NMFS also proposes to approve and 
implement changes to the annual domestic management measures to revise 
the closed area to non-treaty commercial halibut fishing in Area 2A. 
NMFS is

[[Page 8163]]

proposing measures to implement the portions of the Area 2A Catch 
Sharing Plan that are not implemented through the International Pacific 
Halibut Commission (IPHC). 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 
domestic Area 2A halibut management measures must be received no later 
than 5 p.m., local time on March 9, 2004.

ADDRESSES: Send written comments or requests for a copy of the Plan 
and/or the Regulatory Impact Review (RIR)/Initial Regulatory 
Flexibility Analysis (IRFA) to D. Robert Lohn, Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; 
or fax to 206-526-6736, care of Jamie Goen; or email 
[email protected]. Comments sent via email, including all 
attachments, must not exceed a 10 megabyte file size. Electronic copies 
of the Plan, including proposed changes for 2004, and of the draft RIR/
IRFA are also available at the NMFS Northwest Region Web site: http://www.nwr.noaa.gov, click on ``Pacific Halibut.''

FOR FURTHER INFORMATION CONTACT: Jamie Goen or Yvonne deReynier 
(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 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 fisheries in IPHC regulatory 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 
4653'18'' N. lat.), Oregon, and California. North of 
4653'18'' N lat. (Pt. Chehalis), the Plan allows for 
incidental halibut retention in the primary limited entry longline 
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 and Domestic Fishing 
Regulations

    Each year, the states (Washington Department of Fish and Wildlife 
(WDFW) and Oregon Department of Fish and Wildlife (ODFW)) 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 
2003 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 2004. Following the September 2003 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 November 3-7, 2003, meeting in Del Mar, CA, 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) Remove the requirement to ``sponsor a public workshop shortly 
after the IPHC annual meeting'' to develop the season structure for the 
Puget Sound recreational fishery.
    (2) Change the opening date of the Washington North Coast subarea 
fishery from May 1 to the first Tuesday between May 9 and May 15.
    (3) Change the opening date of the Washington North Coast area June 
fishery from the third Wednesday in June to ``during the third week of 
June.''
    (4) Add a statement to the Washington north coast, Washington south 
coast, and Columbia River subareas that, subsequent to a closure prior 
to September 30, if there is insufficient quota remaining to reopen 
that given subarea for another fishing day, then any remaining quota 
may be transferred inseason to another Washington coastal subarea by 
NMFS via an update to the recreational halibut hotline. In the case of 
the Columbia River subarea, the transfer would be to another Washington 
and/or Oregon subarea based on preseason shares of the subarea 
allocation.
    (5) Switch from a 5-day/week fishery to a 7-day/week fishery 
beginning July 1 for the Washington South Coast subarea.
    (6) Combine the Oregon North Central and South Central Coast 
subareas.
    (7) Open the spring Cape Falcon, OR to Humbug Mountain, OR all-
depth recreational fishery Thursday through Saturday beginning the 
second Thursday in May (if the season is 5 or more fishing days) or the 
second Friday in May (if the season is 4 or fewer fishing days), with 
exceptions to avoid adverse tidal conditions. Allow any remaining quota 
from the spring Cape Falcon, OR to Humbug Mountain, OR all-depth 
recreational fishery to be used by opening every other Friday and 
Saturday, but allow some weeks to be closed to avoid adverse tidal 
conditions.
    (8) Open the summer Cape Falcon, OR and Humbug Mountain, OR all-
depth recreational fishery on every other Friday and Saturday beginning 
with the first Friday in August, but allow some weeks to be closed to 
avoid adverse tidal conditions. Allow unused quota to be transferred to 
Oregon's nearshore fishery.
    (9) Change the depth restriction in the Cape Falcon, OR to Humbug 
Mountain, OR nearshore recreational fishery from 30 fathoms to 40 
fathoms for consistency with the 2004 recreational groundfish fishery 
regulations.

[[Page 8164]]

    (10) Prohibit possession of Pacific halibut taken in the Cape 
Falcon, OR to Humbug Mountain, OR nearshore recreational fishery in 
other areas.
    (11) Extend the closing date for the South of Humbug Mountain, OR 
recreational fishery from September 30 to October 31.

Proposed Changes to the Plan

    NMFS is proposing to approve and to make the following changes to 
the Plan:
    In section (f) of the Plan, Sport Fisheries, revise the second to 
last sentence of paragraph (1)(i) to read from the second to last 
sentence as follows:
    The WDFW will develop recommendations to NMFS on the opening date 
and weekly structure of the fishery each year. The daily bag limit is 
one fish per person, with no size limit.
    In section (f) of the Plan, Sport Fisheries, revise the fifth 
through eighth sentences of paragraph (1)(ii) to read as follows:
    The fishery will open on the first Tuesday between May 9 and 15, 
and continue 5 days per week (Tuesday through Saturday) until the May 
allocation is projected to be taken. The fishery will then reopen 
during the third week 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. If the fishery 
is closed prior to September 30, and there is insufficient quota 
remaining to reopen this subarea for another fishing day, then any 
remaining quota may be transferred inseason to another Washington 
coastal subarea by NMFS via an update to the recreational halibut 
hotline.
    In section (f) of the Plan, Sport Fisheries, revise paragraph 
(1)(iii) from the fifth sentence to the end of the paragraph to read as 
follows:
    The fishery will 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 Queets River, WA south to 4700'00'' N. 
lat. and east of 12440'00'' W. long. Beginning July 1, 
the halibut fishery will be open 7 days per week. The fishery will 
continue until September 30, or until the quota is achieved, whichever 
occurs first. Subsequent to this closure, if there is insufficient 
quota remaining to reopen this subarea for another fishing day, then 
any remaining quota may be transferred inseason to another Washington 
coastal subarea by NMFS via an update to the recreational halibut 
hotline. The daily bag limit is one halibut per person, with no size 
limit.
    In section (f) of the Plan, Sport Fisheries, insert two sentences 
after the fourth sentence in paragraph (1)(iv) to read as follows:
    Subsequent to this closure, if there is insufficient quota 
remaining in the Columbia River subarea for another fishing day, then 
any remaining quota may be transferred inseason to another Washington 
and/or Oregon subarea by NMFS via an update to the recreational halibut 
hotline. The Washington proportion as set preseason would be 
transferred to another Washington subarea, and the Oregon proportion as 
set preseason would be transferred to another Oregon subarea.
    In section (f) of the Plan, Sport Fisheries, paragraph (1)(v) is 
revised to read as follows:
    (v) Oregon Central Coast Subarea.
    This subarea extends from Cape Falcon, OR (4546'00'' 
N. lat.) to Humbug Mountain, OR (4240'30'' N. lat.) and 
is allocated 95.0 percent of the Oregon/California sport allocation. 
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 opening and will not 
be modified inseason except that the spring opening may be modified 
inseason if the combined Oregon all-depth spring and summer season 
total 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 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 quota. ODFW will monitor landings and provide a 
post-season estimate of catch within 1 week of the end of the fixed 
season. If sufficient catch remains for an additional day of fishing 
after the spring season, openings will be provided if possible in May - 
July. Potential open dates for both the spring (May - July) and summer 
(August - October) 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. 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 40-fathom (73-m) 
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 40-fathom 
fishery subquota. The daily bag limit for all seasons is the first 
halibut taken, per person, of 32 inches (81.3 cm) or greater in length. 
ODFW will sponsor a public workshop shortly after the IPHC annual 
meeting to develop recommendations to NMFS on the open dates for each 
season each year. The three seasons for this subarea are as follows.
    A. The first season opens on May 1, only in waters inside the 40-
fathom (73-m) curve, and continues daily until the subquota (8 percent 
of the subarea quota) is 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 40-fathom curve fishery.
    B. The second season is an all-depth fishery with two potential 
openings. The first opening begins on the second Thursday in May (if 
the season is 5 or more fishing days) or the second Friday in May (if 
the season is 4 or fewer fishing days) and is allocated 69 percent of 
the subarea quota. Fixed season dates for the first opening will be 
established preseason based on projected catch per day and number of 
days to achievement of the subquota for this season. The first opening 
will be structured for 2 days per week (Friday and Saturday) if the 
season is for 4 or fewer fishing days. The fishery will be structured 
for 3 days per week (Thursday through Saturday) if the season is for 5 
or more fishing days. The fixed season dates will be established 
preseason and will occur in consecutive weeks starting the second 
Thursday in May (if the season is 5 or more fishing days) or second 
Friday in May (if the season is 4 or fewer fishing days), with 
exceptions to avoid adverse tidal conditions. If, following the 
``fixed'' dates, quota for this season remains unharvested, a second 
opening will be held. The fishery will be open every other week on 
Friday and Saturday except that week(s) could be skipped to avoid 
adverse tidal conditions. The potential open Fridays and Saturdays will 
be identified preseason. The fishery will continue until there is 
insufficient quota for an additional day of fishing or July 31,

[[Page 8165]]

whichever occurs first. Any remaining quota will be added to the summer 
quota. No inseason adjustments will be made to the established fixed 
season unless the combined Oregon all-depth spring and summer season 
total subquotas are estimated to be achieved.
    C. The last season is an all-depth fishery that begins on the first 
Friday in August and is allocated 23 percent of the subarea quota. The 
fishery will be structured to be open every other week on Friday and 
Saturday except that week(s) could be skipped to avoid adverse tidal 
conditions. The potential open Fridays and Saturdays will be identified 
preseason. The fishery will continue until there is insufficient quota 
for an additional day of fishing or October 31, whichever occurs first. 
Any remaining quota will be transferred to the fishery inside the 40-
fathom (73-m) curve.
    In section (f) of the Plan, Sport Fisheries, paragraph (1)(vi)is 
deleted and paragraph (1)(vii) is redesignated as paragraph (1)(vi) and 
the third sentence is revised to read as follows:
    (vi) South of Humbug Mountain Subarea.
    The structuring objective for this subarea is to provide anglers 
the opportunity to fish in a continuous, fixed season that is open from 
May 1 through October 31.
    In section (f) of the Plan, Sport Fisheries, revise the first 
sentence of paragraph (5)(iii)(B) to read as follows:
    B. Actual notice of inseason management actions will be provided by 
a telephone hotline administered by the Northwest Region, NMFS, at 206-
526-6667 or 800-662-9825 (May through October) and by U.S. Coast Guard 
broadcasts.

Proposed 2004 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2004. The 2004 TAC for Area 2A will 
be determined by the IPHC at its annual meeting on January 20-23, 2004, 
in Juneau, Alaska. Because the 2004 TAC has not yet been determined, 
these proposed sport fishery management measures use the IPHC's 
preliminary 2004 Area 2A TAC recommendation of 1,300,000 lb (590 mt), 
which is slightly lower than the 2003 TAC of 1,310,000 lb (594 mt). The 
proposed 2004 sport fishery regulations based on the preliminary 2004 
Area 2A TAC of 1,300,000 lb (590 mt) are as follows:

Washington Inside Waters (Subarea Puget Sound and Straits)

    This subarea would be allocated 62,517 lb (28 mt) at an Area 2A TAC 
of 1,300,000 lb (590 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 2003, 
the fishery in this subarea was 52 days long, from May 8 through July 
18 in the Eastern region and May 22 through August 1 in the Western 
Region, held for 5 days per week (Thursday through Monday). For the 
2004 fishing season, the fishery in this subarea would be set to meet 
the structuring objectives described in the Plan. The final 
determination of the season dates would be based on the allowable 
harvest level and projected 2004 catch rates after the 2004 TAC is set 
by the IPHC. Beginning in 2004, WDFW will no longer hold a public 
workshop after the IPHC determines the 2004 TAC, but will continue to 
seek public comment through mail and email lists. The daily bag limit 
would be one halibut of any size per day, per person.

Washington North Coast Subarea (North of the Queets River, WA)

    This subarea would be allocated 113,154 lb (51 mt) at an Area 2A 
TAC of 1,300,000 lb (590 mt) in accordance 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. Previously, the fishery opened on May 1. Beginning in 2004, 
the fishery opens on the first Tuesday between May 9 and May 15 (May 11 
in 2004), and continues 5 days per week (Tuesday through Saturday) 
until 72 percent of the quota for the subarea has been taken, 81,471 lb 
(37 mt). Previously, the fishery re-opened on the third Wednesday in 
June. For 2004, the fishery will re-open during the third week in June 
and continue until the remaining quota for the subarea is taken, 31,683 
lb (14 mt). Also new for 2004, language will be added to the Plan to 
allow for any remaining quota after the fishery is closed in this 
subarea to be transferred inseason to another Washington coastal 
subarea via an update to the halibut hotline. This transfer in quota 
could only occur before September 30 and if there were insufficient 
quota remaining to open the Washington North Coast subarea for another 
fishing day. 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:
    4818' N. lat.; 12518' W. long.;
    4818' N. lat.; 12459' W. long.;
    4811' N. lat.; 12459' W. long.;
    4811' N. lat.; 12511' W. long.;
    4804' N. lat.; 12511' W. long.;
    4804' N. lat.; 12459' W. long.;
    4800' N. lat.; 12459' W. long.;
    4800' N. lat.; 12518' W. long.;
    and connecting back to 4818' N. lat.; 
12518' W. long.

Washington South Coast Subarea

    This subarea would be allocated 47,862 lb (22 mt) at an Area 2A TAC 
of 1,300,000 lb (590 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, WA south to 
4700'00'' N lat. and east of 12440'00'' W 
long. Previously, if the fishery had closed prior to September 30 and 
there was insufficient quota remaining for an offshore fishery, the 
nearshore fishery, the area from the Queets River, WA south to 
4700'00'' N lat. and east of 12440'00'' W 
long., would re-open 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. For 2004, this 
language is removed and beginning July 1, the halibut fishery opens 7 
days per week in the offshore and nearshore fisheries until September 
30, or until the quota is achieved, whichever occurs first. Also new 
for 2004, language will be added to the Plan to allow for any remaining 
quota after the fishery is closed in this subarea to be transferred 
inseason to another Washington coastal subarea via an update to the 
halibut hotline. This transfer in quota could only occur before 
September 30 and if there were insufficient quota remaining to open the 
Washington South Coast subarea for another fishing day. The daily bag 
limit would be one halibut of any size per day, per person.

Columbia River Subarea

    This subarea would be allocated 11,787 lb (5 mt) at an Area 2A TAC 
of 1,300,000 lb (590 mt) in accordance with the Plan. The fishery would 
open on May 1 and continue 7 days per week

[[Page 8166]]

until the quota is reached or September 30, whichever occurs first. New 
for 2004, language will be added to the Plan to allow for any remaining 
quota after the fishery is closed in this subarea to be transferred 
inseason to another subarea. Another Washington subarea would get that 
proportion of the remaining Columbia River quota based on the 
proportions set preseason for Washington and another Oregon subarea 
would get that proportion of the remaining Columbia River quota based 
on the proportions set preseason for Oregon. This transfer of subarea 
quota would occur via an update to the halibut hotline and could only 
occur before September 30 and if there were insufficient quota 
remaining to open the Columbia River subarea for another fishing day. 
The daily bag limit would be the first halibut taken, per person, of 32 
inches (81.3 cm) or greater in length.

Oregon Central Coast Subarea

    The Oregon North Central and South Central Coast subareas are 
combined in 2004 into the Oregon Central Coast subarea. The Oregon 
Central Coast subarea would extend from Cape Falcon, OR south to Humbug 
Mountain, OR. This subarea would be allocated 246,943 lb (112 mt) at an 
Area 2A TAC of 1,300,000 lb (590 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 central coast restricted depth fishery, which is moving from 
inside 30 fathoms to inside 40 fathoms for 2004, would be allocated 
19,755 lb (9 mt), starting May 1 through October 31 or until the 
allocated subquota is attained, whichever occurs first. New for 2004, 
the ``inside 40 fathoms'' boundary will not follow the depth contour 
but will be straight lines between a series of latitude and longitude 
coordinates which approximate the depth contour. Proposed coordinates 
for the 40-fm (73-m) depth contour between 4546'00'' N. 
lat. and 4240'30'' N. lat. is defined by straight lines 
connecting all of the following points in the order stated:
    (1)4547.07'N. lat., 12404.21'N. lat.;
    (2)4544.34'N. lat., 12405.09'N. lat.;
    (3)4540.64'N. lat., 12404.90'N. lat.;
    (4)4533.00'N. lat., 12404.46'N. lat.;
    (5)4532.27'N. lat., 12404.74'N. lat.;
    (6)4529.26'N. lat., 12404.22'N. lat.;
    (7)4519.99'N. lat., 12404.62'N. lat.;
    (8)4517.50'N. lat., 12404.91'N. lat.;
    (9)4511.29'N. lat., 12405.19'N. lat.;
    (10)4505.79'N. lat., 12405.40'N. 
lat.;
    (11)4505.07'N. lat., 12405.93'N. 
lat.;
    (12)4501.70'N. lat., 12406.53'N. 
lat.;
    (13)4458.75'N. lat., 12407.14'N. 
lat.;
    (14)4451.28'N. lat., 12410.21'N. 
lat.;
    (15)4449.49'N. lat., 12410.89'N. 
lat.;
    (16)4444.96'N. lat., 12414.39'N. 
lat.;
    (17)4443.44'N. lat., 12414.78'N. 
lat.;
    (18)4442.27'N. lat., 12413.81'N. 
lat.;
    (19)4441.68'N. lat., 12415.38'N. 
lat.;
    (20)4434.87'N. lat., 12415.80'N. 
lat.;
    (21)4433.74'N. lat., 12414.43'N. 
lat.;
    (22)4427.66'N. lat., 12416.99'N. 
lat.;
    (23)4419.13'N. lat., 12419.22'N. 
lat.;
    (24)4415.35'N. lat., 12417.37'N. 
lat.;
    (25)4414.38'N. lat., 12417.78'N. 
lat.;
    (26)4412.80'N. lat., 12417.18'N. 
lat.;
    (27)4409.23'N. lat., 12415.96'N. 
lat.;
    (28)4408.38'N. lat., 12416.80'N. 
lat.;
    (29)4401.18'N. lat., 12415.42'N. 
lat.;
    (30)4351.60'N. lat., 12414.68'N. 
lat.;
    (31)4342.66'N. lat., 12415.46'N. 
lat.;
    (32)4340.49'N. lat., 12415.74'N. 
lat.;
    (33)4338.77'N. lat., 12415.64'N. 
lat.;
    (34)4334.52'N. lat., 12416.73'N. 
lat.;
    (35)4328.82'N. lat., 12419.52'N. 
lat.;
    (36)4323.91'N. lat., 12424.28'N. 
lat.;
    (37)4317.96'N. lat., 12428.81'N. 
lat.;
    (38)4316.75'N. lat., 12428.42'N. 
lat.;
    (39)4313.98'N. lat., 12431.99'N. 
lat.;
    (40)4313.71'N. lat., 12433.25'N. 
lat.;
    (41)4312.26'N. lat., 12434.16'N. 
lat.;
    (42)4310.96'N. lat., 12432.34'N. 
lat.;
    (43)4305.65'N. lat., 12431.52'N. 
lat.;
    (44)4259.66'N. lat., 12432.58'N. 
lat.;
    (45)4254.97'N. lat., 12436.99'N. 
lat.;
    (46)4253.81'N. lat., 12438.58'N. 
lat.;
    (47)4249.14'N. lat., 12439.92'N. 
lat.;
    (48)4246.47'N. lat., 12438.65'N. 
lat.;
    (49)4245.60'N. lat., 12439.04'N. 
lat.;
    (50)4244.79'N. lat., 12437.96'N. 
lat.;
    (51)4245.00'N. lat., 12436.39'N. 
lat.;
    (52)4244.14'N. lat., 12435.16'N. 
lat.;
    (53)4242.15'N. lat., 12432.82'N. 
lat.; and
    (54)4238.82'N. lat., 12431.09'N. 
lat.;
    If NMFS changes this boundary for recreational groundfish fishing 
by an inseason action to the Pacific Coast groundfish regulations 
during the year to protect overfished groundfish species, NMFS will 
also take a separate inseason action published in the Federal Register 
to change nearshore recreational halibut regulations for this subarea 
to mirror the groundfish closure. Language will also be added to the 
sport management measures for 2004 such that, in times when the all-
depth halibut fishery is closed and halibut fishing is permitted only 
inshore of the 40-fm (73-m) depth contour, halibut possession and 
retention by vessels operating offshore of 40 fm would be prohibited.
    The spring all-depth season would be allocated 170,391 lb (77 mt). 
Based on an observed catch per day trend in this fishery in recent 
years, an estimated 11,000 - 32,000 lb (5 - 15 mt) would be caught per 
day in 2004, resulting in a 5-to 15-day fixed season. In accordance 
with the Plan, the season would open on Thursday, May 13 and continue 
on Thursdays through Saturdays through the fixed dates. The fixed dates 
will be set in March 2004 after ODFW holds public meetings. After the 
fixed date season, potential additional fishing days for remaining 
quota in 2004 are structured differently than in previous years. For 
2004, if additional quota remains after the fixed season, a second 
opening would be held for the spring fishery. The second opening would 
be on every other week on Friday and Saturday except that week(s) could 
be skipped to avoid adverse tidal conditions. For 2004, the weeks to be 
skipped due to adverse tidal conditions include June 4 - 5 and July 2 - 
3. If a decision is made inseason by NMFS to allow fishing in the 
potential spring season, notice of an opening 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. The second spring season would continue until there is 
insufficient quota for an additional fishing day or until July 31, 
whichever occurs first.
    The summer all-depth fishery would be allocated 56,797 lb (26 mt), 
and would open on Friday, August 6. For 2004, this fishery's season 
will be restructured from fixed season dates to being open every other 
week on Friday and Saturday, except that week(s) may be skipped for 
adverse tidal conditions. For 2004, no adverse tidal conditions occur 
during the August through October period. The summer all-depth fishery 
would continue until there is insufficient quota for an additional 
fishing day and the fishery is closed by the IPHC or until October 30, 
whichever occurs first. Any remaining quota would be added to the quota 
for the fishery inside 40 fathoms.
    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 ODFW after the 2004 TAC has 
been 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.

Humbug Mountain, OR through California Subarea

    This subarea would be allocated 7,798 lb (3.5 mt) at an Area 2A TAC 
of 1,300,000 lb (590 mt) in accordance with the Plan. The proposed 2004 
sport

[[Page 8167]]

season for this subarea would be the same as last year, with a May 1 
opening and continuing 7 days per week, except that the season end date 
is extended until October 31. The daily bag limit would be the first 
halibut taken, per person, of 32 inches (81.3 cm) or greater in length.

Flexible Inseason Management Provisions in Area 2A

    The flexible inseason management provisions in Area 2A have not 
changed since 2003, except that the NMFS telephone hotline will be 
maintained from May through October rather than May through September 
as mentioned in paragraph (3)(b) below. Section 25 of the annual 
halibut management measures published in the Federal Register and 
section (f)(5) of the Plan will read as follows:
    (1) The Regional Administrator, NMFS Northwest Region, after 
consultation with the Chairman of the Pacific Fishery Management 
Council, the Commission Executive Director, and the Fisheries 
Director(s) of the affected state(s), or their designees, is authorized 
to modify regulations during the season after making the following 
determinations.
    (a) The action is necessary to allow allocation objectives to be 
met.
    (b) The action will not result in exceeding the catch limit for the 
area.
    (c) 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.
    (d) 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.
    (2) Flexible inseason management provisions include, but are not 
limited to, the following:
    (a) Modification of sport fishing periods;
    (b) Modification of sport fishing bag limits;
    (c) Modification of sport fishing size limits;
    (d) Modification of sport fishing days per calendar week; and
    (e) Modification of subarea quotas north of Cape Falcon, OR.
    (3) Notice procedures.
    (a) Actions taken under this section will be published in the 
Federal Register.
    (b) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the Northwest Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through October) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF-FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current 
information for the area in which they are fishing.
    (4) Effective dates.
    (a) Any action issued under this section is effective on the date 
specified in the publication or at the time that the action is filed 
for public inspection with the Office of the Federal Register, 
whichever is later.
    (b) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal Register. 
If the Regional Administrator determines, for good cause, that an 
inseason action must be filed without affording a prior opportunity for 
public comment, public comments will be received for a period of 15 
days after publication of the action in the Federal Register.
    (c) Any inseason action issued under this section will remain in 
effect until the stated expiration date or until rescinded, modified, 
or superseded. However, no inseason action has any effect beyond the 
end of the calendar year in which it is issued.
    (5) Availability of data. The Regional Administrator will compile, 
in aggregate form, all data and other information relevant to the 
action being taken and will make them available for public review 
during normal office hours at the Northwest Regional Office, NMFS, 
Sustainable Fisheries Division, 7600 Sand Point Way NE, Seattle, WA.

Fishery Election in Area 2A

    The fishery election process in Area 2A has not changed since 2003, 
but is republished here to provide opportunity for public comment. 
Section 26 of the annual halibut management measures published in the 
Federal Register will continue to read as follows:
    (1) A vessel that fishes in Area 2A may participate in only one of 
the following three fisheries in Area 2A:
    (a) The sport fishery under Section 24;
    (b) The commercial directed fishery for halibut during the fishing 
period(s) established in Section 8 and/or the incidental retention of 
halibut during the primary sablefish fishery described at 50 CFR 
660.323(a)(2); or
    (c) The incidental catch fishery during the salmon troll fishery as 
authorized in Section 8.
    (2) No person shall fish for halibut in the sport fishery in Area 
2A under Section 24 from a vessel that has been used during the same 
calendar year for commercial halibut fishing in Area 2A or that has 
been issued a permit for the same calendar year for the commercial 
halibut fishery in Area 2A.
    (3) No person shall fish for halibut in the directed halibut 
fishery during the fishing periods established in Section 8 and/or 
retain halibut incidentally taken in the primary sablefish fishery in 
Area 2A from a vessel that has been used during the same calendar year 
for the incidental catch fishery during the salmon troll fishery as 
authorized in Section 8.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the primary 
sablefish fishery in Area 2A from a vessel that, during the same 
calendar year, has been used in the sport halibut fishery in Area 2A or 
that is licensed for the sport charter halibut fishery in Area 2A.
    (5) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under Section 8 taken on a vessel that, during 
the same calendar year, has been used in the sport halibut fishery in 
Area 2A, or that is licensed for the sport charter halibut fishery in 
Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under Section 8 taken on a vessel that, during 
the same calendar year, has been used in the directed commercial 
fishery during the fishing periods established in Section 8 and/or 
retain halibut incidentally taken in the primary sablefish fishery for 
Area 2A or that is licensed to participate in these commercial 
fisheries during the fishing periods established in Section 8 in Area 
2A.
    Area 2A Non-Treaty Commercial Fishery Closed Area
    Similar to 2003, large closed areas will apply to commercial 
vessels operating in the directed non-treaty commercial fishery for 
halibut in Area 2A. For 2004, the eastern, inshore boundary of the 
closed area approximating the 27-fm (49-m) depth contour between 
4616' N. lat. and 4010' N. lat. has been 
shifted slightly to a boundary line approximating the 30-fm (55-m)depth 
contour. For 2004, section 27 of the annual halibut management measures 
will read as follows:
    Non-treaty commercial vessels operating in the directed commercial

[[Page 8168]]

fishery for halibut in Area 2A are required to fish outside of a closed 
area, known as the Rockfish Conservation Area (RCA), that extends along 
the coast from the U.S./Canada border south to 4010' N. 
lat. The closed area follows approximate depth contours. Coordinates 
for the specific boundaries that approximate the depth contours are as 
follows:
    (1) Between the U.S./Canada border and 4616' N. 
lat., the eastern boundary of the RCA extends to the shoreline.
    (2) Between 4616' N. lat. and 4010' 
N. lat., the RCA is defined along an eastern, inshore boundary 
approximating 30 fm (55 m). The 30 fm depth contour used between 
4616' N. lat. and 4010' N. lat. as an 
eastern boundary for the RCA is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 4616.00' N. lat., 12413.13' W. 
long.;
    (2) 4616.00' N. lat., 12413.05' W. 
long.;
    (3) 4607.00' N. lat., 12407.01' W. 
long.;
    (4) 4555.95' N. lat., 12402.23' W. 
long.;
    (5) 4554.53' N. lat., 12402.57' W. 
long.;
    (6) 4550.65' N. lat., 12401.62' W. 
long.;
    (7) 4548.20' N. lat., 12402.16' W. 
long.;
    (8) 4543.47' N. lat., 12401.28' W. 
long.;
    (9) 4540.48' N. lat., 12401.03' W. 
long.;
    (10) 4539.04' N. lat., 12401.68' W. 
long.;
    (11) 4535.48' N. lat., 12401.89' W. 
long.;
    (12)4529.81' N. lat., 12402.45' W. 
long.;
    (13)4527.96' N. lat., 12401.89' W. 
long.;
    (14)4527.22' N. lat., 12402.67' W. 
long.;
    (15)4524.20' N. lat., 12402.94' W. 
long.;
    (16)4520.60' N. lat., 12401.74' W. 
long.;
    (17)4516.44' N. lat., 12403.22' W. 
long.;
    (18)4513.63' N. lat., 12402.70' W. 
long.;
    (19)4511.04' N. lat., 12403.59' W. 
long.;
    (20)4508.55' N. lat., 12403.47' W. 
long.;
    (21)4502.82' N. lat., 12404.64' W. 
long.;
    (22)4458.06' N. lat., 12405.03' W. 
long.;
    (23)4453.97' N. lat., 12406.92' W. 
long.;
    (24)4448.89' N. lat., 12407.04' W. 
long.;
    (25)4446.94' N. lat., 12408.25' W. 
long.;
    (26)4442.72' N. lat., 12408.98' W. 
long.;
    (27)4438.16' N. lat., 12411.48' W. 
long.;
    (28)4433.38' N. lat., 12411.54' W. 
long.;
    (29)4428.51' N. lat., 12412.03' W. 
long.;
    (30)4427.65' N. lat., 12412.56' W. 
long.;
    (31)4419.67' N. lat., 12412.37' W. 
long.;
    (32)4410.79' N. lat., 12412.22' W. 
long.;
    (33)4409.22' N. lat., 12412.28' W. 
long.;
    (34)4400.22' N. lat., 12412.80' W. 
long.;
    (35)4351.56' N. lat., 12413.17' W. 
long.;
    (36)4344.26' N. lat., 12414.50' W. 
long.;
    (37)4333.82' N. lat., 12416.28' W. 
long.;
    (38)4328.66' N. lat., 12418.72' W. 
long.;
    (39)4323.12' N. lat., 12424.04' W. 
long.;
    (40)4320.49' N. lat., 12425.90' W. 
long.;
    (41)4316.41' N. lat., 12427.52' W. 
long.;
    (42)4314.23' N. lat., 12429.28' W. 
long.;
    (43)4314.03' N. lat., 12428.31' W. 
long.;
    (44)4311.92' N. lat., 12428.26' W. 
long.;
    (45)4311.02' N. lat., 12429.11' W. 
long.;
    (46)4310.13' N. lat., 12429.15' W. 
long.;
    (47)4309.27' N. lat., 12431.03' W. 
long.;
    (48)4307.73' N. lat., 12430.92' W. 
long.;
    (49)4305.93' N. lat., 12429.64' W. 
long.;
    (50)4301.59' N. lat., 12430.64' W. 
long.;
    (51)4259.73' N. lat., 12431.16' W. 
long.;
    (52)4253.75' N. lat., 12436.09' W. 
long.;
    (53)4249.37' N. lat., 12438.81' W. 
long.;
    (54)4246.42' N. lat., 12437.69' W. 
long.;
    (55)4246.07' N. lat., 12438.56' W. 
long.;
    (56)4245.29' N. lat., 12437.95' W. 
long.;
    (57)4245.61' N. lat., 12436.87' W. 
long.;
    (58)4244.28' N. lat., 12433.64' W. 
long.;
    (59)4242.75' N. lat., 12431.84' W. 
long.;
    (60)4240.04' N. lat., 12429.19' W. 
long.;
    (61)4238.09' N. lat., 12428.39' W. 
long.;
    (62)4236.72' N. lat., 12427.54' W. 
long.;
    (63)4236.56' N. lat., 12428.40' W. 
long.;
    (64)4235.76' N. lat., 12428.79' W. 
long.;
    (65)4234.03' N. lat., 12429.98' W. 
long.;
    (66)4234.19' N. lat., 12430.58' W. 
long.;
    (67)4231.27' N. lat., 12432.24' W. 
long.;
    (68)4227.07' N. lat., 12432.53' W. 
long.;
    (69)4224.21' N. lat., 12431.23' W. 
long.;
    (70)4220.47' N. lat., 12428.87' W. 
long.;
    (71)4214.60' N. lat., 12426.80' W. 
long.;
    (72)4210.90' N. lat., 12424.57' W. 
long.;
    (73)4207.04' N. lat., 12423.35' W. 
long.;
    (74)4202.16' N. lat., 12422.59' W. 
long.;
    (75)4200.00' N. lat., 12421.81' W. 
long.;
    (76)4159.95' N. lat., 12421.56' W. 
long.;
    (77)4155.75' N. lat., 12420.72' W. 
long.;
    (78)4150.93' N. lat., 12423.76' W. 
long.;
    (79)4142.53' N. lat., 12416.47' W. 
long.;
    (80) 4137.20' N. lat., 12417.05' W. 
long.;
    (81) 4124.58' N. lat., 12410.51' W. 
long.;
    (82) 4120.73' N. lat., 12411.73' W. 
long.;
    (83) 4117.59' N. lat., 12410.66' W. 
long.;
    (84) 4104.54' N. lat., 12414.47' W. 
long.;
    (85) 4054.26' N. lat., 12413.90' W. 
long.;
    (86) 4040.31' N. lat., 12426.24' W. 
long.;
    (87) 4034.00' N. lat., 12427.39' W. 
long.;
    (88) 4028.89' N. lat., 12432.43' W. 
long.;
    (89) 4024.77' N. lat., 12429.51' W. 
long.;
    (90) 4022.47' N. lat., 12424.12' W. 
long.;
    (91) 4019.73' N. lat., 12423.59' W. 
long.;
    (92) 4018.64' N. lat., 12421.89' W. 
long.;
    (93) 4017.67' N. lat., 12423.07' W. 
long.;
    (94) 4015.58' N. lat., 12423.61' W. 
long.;

[[Page 8169]]

    (95) 4013.42' N. lat., 12422.94' W. 
long.; and
    (96) 4010.00' N. lat., 12416.65' W. 
long.;
    (3) Between the U.S./Canada border and 4010' N. 
lat., the RCA is defined along a western, offshore boundary 
approximating 100 fm (183 m). The 100-fm (183-m) depth contour used 
north of 4010' N. lat. as a western boundary for the RCA 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 4815.00' N. lat., 12541.00' W. 
long.;
    (2) 4814.00' N. lat., 12536.00' W. 
long.;
    (3) 4809.50' N. lat., 12540.50' W. 
long.;
    (4) 4808.00' N. lat., 12538.00' W. 
long.;
    (5) 4805.00' N. lat., 12537.25' W. 
long.;
    (6) 4802.60' N. lat., 12534.70' W. 
long.;
    (7) 4759.00' N. lat., 12534.00' W. 
long.;
    (8) 4757.26' N. lat., 12529.82' W. 
long.;
    (9) 4759.87' N. lat., 12525.81' W. 
long.;
    (10) 4801.80' N. lat., 12524.53' W. 
long.;
    (11) 4802.08' N. lat., 12522.98' W. 
long.;
    (12) 4802.97' N. lat., 12522.89' W. 
long.;
    (13) 4804.47' N. lat., 12521.75' W. 
long.;
    (14) 4806.11' N. lat., 12519.33' W. 
long.;
    (15) 4807.95' N. lat., 12518.55' W. 
long.;
    (16) 4809.00' N. lat., 12518.00' W. 
long.;
    (17) 4811.31' N. lat., 12517.55' W. 
long.;
    (18) 4814.60' N. lat., 12513.46' W. 
long.;
    (19) 4816.67' N. lat., 12514.34' W. 
long.;
    (20) 4818.73' N. lat., 12514.41' W. 
long.;
    (21) 4819.67' N. lat., 12513.70' W. 
long.;
    (22) 4819.70' N. lat., 12511.13' W. 
long.;
    (23) 4822.95' N. lat., 12510.79' W. 
long.;
    (24) 4821.61' N. lat., 12502.54' W. 
long.;
    (25) 4823.00' N. lat., 12449.34' W. 
long.;
    (26) 4817.00' N. lat., 12456.50' W. 
long.;
    (27) 4806.00' N. lat., 12500.00' W. 
long.;
    (28) 4804.62' N. lat., 12501.73' W. 
long.;
    (29) 4804.84' N. lat., 12504.03' W. 
long.;
    (30) 4806.41' N. lat., 12506.51' W. 
long.;
    (31) 4806.00' N. lat., 12508.00' W. 
long.;
    (32) 4807.08' N. lat., 12509.34' W. 
long.;
    (33) 4807.28' N. lat., 12511.14' W. 
long.;
    (34) 4803.45' N. lat., 12516.66' W. 
long.;
    (35) 4759.50' N. lat., 12518.88' W. 
long.;
    (36) 4758.68' N. lat., 12516.19' W. 
long.;
    (37) 4756.62' N. lat., 12513.50' W. 
long.;
    (38) 4753.71' N. lat., 12511.96' W. 
long.;
    (39) 4751.70' N. lat., 12509.38' W. 
long.;
    (40) 4749.95' N. lat., 12506.07' W. 
long.;
    (41) 4749.00' N. lat., 12503.00' W. 
long.;
    (42) 4746.95' N. lat., 12504.00' W. 
long.;
    (43) 4746.58' N. lat., 12503.15' W. 
long.;
    (44) 4744.07' N. lat., 12504.28' W. 
long.;
    (45) 4743.32' N. lat., 12504.41' W. 
long.;
    (46) 4740.95' N. lat., 12504.14' W. 
long.;
    (47) 4739.58' N. lat., 12504.97' W. 
long.;
    (48) 4736.23' N. lat., 12502.77' W. 
long.;
    (49) 4734.28' N. lat., 12458.66' W. 
long.;
    (50) 4732.17' N. lat., 12457.77' W. 
long.;
    (51) 4730.27' N. lat., 12456.16' W. 
long.;
    (52) 4730.60' N. lat., 12454.80' W. 
long.;
    (53) 4729.26' N. lat., 12452.21' W. 
long.;
    (54) 4728.21' N. lat., 12450.65' W. 
long.;
    (55) 4727.38' N. lat., 12449.34' W. 
long.;
    (56) 4725.61' N. lat., 12448.26' W. 
long.;
    (57) 4723.54' N. lat., 12446.42' W. 
long.;
    (58) 4720.64' N. lat., 12445.91' W. 
long.;
    (59) 4717.99' N. lat., 12445.59' W. 
long.;
    (60) 4718.20' N. lat., 12449.12' W. 
long.;
    (61) 4715.01' N. lat., 12451.09' W. 
long.;
    (62) 4712.61' N. lat., 12454.89' W. 
long.;
    (63) 4708.22' N. lat., 12456.53' W. 
long.;
    (64) 4708.50' N. lat., 12457.74' W. 
long.;
    (65) 4701.92' N. lat., 12454.95' W. 
long.;
    (66) 4701.14' N. lat., 12459.35' W. 
long.;
    (67) 4658.48' N. lat., 12457.81' W. 
long.;
    (68) 4656.79' N. lat., 12456.03' W. 
long.;
    (69) 4658.01' N. lat., 12455.09' W. 
long.;
    (70) 4655.07' N. lat., 12454.14' W. 
long.;
    (71) 4659.60' N. lat., 12449.79' W. 
long.;
    (72) 4658.72' N. lat., 12448.78' W. 
long.;
    (73) 4654.45' N. lat., 12448.36' W. 
long.;
    (74) 4653.99' N. lat., 12449.95' W. 
long.;
    (75) 4654.38' N. lat., 12452.73' W. 
long.;
    (76) 4652.38' N. lat., 12452.02' W. 
long.;
    (77) 4648.93' N. lat., 12449.17' W. 
long.;
    (78) 4641.50' N. lat., 12443.00' W. 
long.;
    (79) 4634.50' N. lat., 12428.50' W. 
long.;
    (80) 4629.00' N. lat., 12430.00' W. 
long.;
    (81) 4620.00' N. lat., 12436.50' W. 
long.;
    (82) 4618.00' N. lat., 12438.00' W. 
long.;
    (83) 4617.52' N. lat., 12435.35' W. 
long.;
    (84) 4617.00' N. lat., 12422.50' W. 
long.;
    (85)4616.00' N. lat., 12420.62' W. 
long.;
    (86) 4613.52' N. lat., 12425.49' W. 
long.;
    (87) 4612.17' N. lat., 12430.75' W. 
long.;
    (88)4610.63' N. lat., 12437.95' W. 
long.;
    (89)4609.29' N. lat., 12439.01' W. 
long.;
    (90)4602.40' N. lat., 12440.37' W. 
long.;
    (91)4556.45' N. lat., 12438.00' W. 
long.;
    (92)4551.92' N. lat., 12438.49' W. 
long.;
    (93)4547.19' N. lat., 12435.58' W. 
long.;
    (94)4546.41' N. lat., 12432.36' W. 
long.;
    (95)4541.75' N. lat., 12428.12' W. 
long.;
    (96)4536.96' N. lat., 12424.48' W. 
long.;
    (97)4531.84' N. lat., 12422.04' W. 
long.;
    (98)4527.10' N. lat., 12421.74' W. 
long.;

[[Page 8170]]

    (99)4518.14' N. lat., 12417.59' W. 
long.;
    (100) 4511.08' N. lat., 12416.97' W. 
long.;
    (101) 4504.38' N. lat., 12418.36' W. 
long.;
    (102) 4458.05' N. lat., 12421.58' W. 
long.;
    (103) 4447.67' N. lat., 12431.41' W. 
long.;
    (104) 4444.55' N. lat., 12433.58' W. 
long.;
    (105) 4439.88' N. lat., 12435.01' W. 
long.;
    (106) 4432.90' N. lat., 12436.81' W. 
long.;
    (107) 4430.33' N. lat., 12438.56' W. 
long.;
    (108) 4430.04' N. lat., 12442.31' W. 
long.;
    (109) 4426.84' N. lat., 12444.91' W. 
long.;
    (110) 4417.99' N. lat., 12451.03' W. 
long.;
    (111) 4413.68' N. lat., 12456.38' W. 
long.;
    (112) 4356.67' N. lat., 12455.45' W. 
long.;
    (113) 4356.47' N. lat., 12434.61' W. 
long.;
    (114) 4342.73' N. lat., 12432.41' W. 
long.;
    (115) 4330.93' N. lat., 12434.43' W. 
long.;
    (116) 4317.45' N. lat., 12441.16' W. 
long.;
    (117) 4307.04' N. lat., 12441.25' W. 
long.;
    (118) 4303.45' N. lat., 12444.36' W. 
long.;
    (119) 4303.90' N. lat., 12450.81' W. 
long.;
    (120) 4255.70' N. lat., 12452.79' W. 
long.;
    (121) 4254.12' N. lat., 12447.36' W. 
long.;
    (122) 4244.00' N. lat., 12442.38' W. 
long.;
    (123) 4238.23' N. lat., 12441.25' W. 
long.;
    (124) 4233.03' N. lat., 12442.38' W. 
long.;
    (125) 4231.89' N. lat., 12442.04' W. 
long.;
    (126) 4230.09' N. lat., 12442.67' W. 
long.;
    (127) 4228.28' N. lat., 12447.08' W. 
long.;
    (128) 4225.22' N. lat., 12443.51' W. 
long.;
    (129) 4219.23' N. lat., 12437.92' W. 
long.;
    (130) 4216.29' N. lat., 12436.11' W. 
long.;
    (131) 4205.66' N. lat., 12434.92' W. 
long.;
    (132) 4200.00' N. lat., 12435.27' W. 
long.;
    (133) 4200.00' N. lat., 12435.26' W. 
long.;
    (134) 4147.04' N. lat., 12427.64' W. 
long.;
    (135) 4132.92' N. lat., 12428.79' W. 
long.;
    (136) 4124.17' N. lat., 12428.46' W. 
long.;
    (137) 4110.12' N. lat., 12420.50' W. 
long.;
    (138) 4051.41' N. lat., 12424.38' W. 
long.;
    (139) 4043.71' N. lat., 12429.89' W. 
long.;
    (140) 4040.14' N. lat., 12430.90' W. 
long.;
    (141) 4037.35' N. lat., 12429.05' W. 
long.;
    (142) 4034.76' N. lat., 12429.82' W. 
long.;
    (143) 4036.78' N. lat., 12437.06' W. 
long.;
    (144) 4032.44' N. lat., 12439.58' W. 
long.;
    (145) 4024.82' N. lat., 12435.12' W. 
long.;
    (146) 4023.30' N. lat., 12431.60' W. 
long.;
    (147) 4023.52' N. lat., 12428.78' W. 
long.;
    (148) 4022.43' N. lat., 12425.00' W. 
long.;
    (149) 4021.72' N. lat., 12424.94' W. 
long.;
    (150) 4021.87' N. lat., 12427.96' W. 
long.;
    (151) 4021.40' N. lat., 12428.74' W. 
long.;
    (152) 4019.68' N. lat., 12428.49' W. 
long.;
    (153) 4017.73' N. lat., 12425.43' W. 
long.;
    (154) 4018.37' N. lat., 12423.35' W. 
long.;
    (155) 4015.75' N. lat., 12426.05' W. 
long.;
    (156) 4016.75' N. lat., 12433.71' W. 
long.;
    (157) 4016.29' N. lat., 12434.36' W. 
long.;
    (158) 4010.00' N. lat., 12421.12' W. 
long.; and
    (159) 4010.00' N. lat., 12421.50' W. 
long.
    NMFS requests public comments on the Pacific Council's recommended 
modifications to the Plan and the proposed domestic fishing 
regulations. The Area 2A TAC will be set by the IPHC at its annual 
meeting on January 20-23, 2004, in Juneau, Alaska. NMFS requests 
comments on the proposed changes to the Plan and domestic fishing 
regulations 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 a final rule for the Area 2A Pacific halibut sport fisheries 
concurrent with the IPHC regulations for the 2004 Pacific halibut 
fisheries.

Revision to Halibut Regulations

    As part of this proposed rule, NMFS is proposing a 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, WA to land halibut taken incidentally in 
that fishery. The revision would alter the regulations to state that, 
in addition to the prohibition on possessing and landing halibut south 
of Pt. Chehalis, WA, no halibut taken in this fishery may be purchased 
south of Pt. Chehalis, WA. This is a minor clarification and has no 
effect on the environment because it does not change the harvest 
opportunities for Pacific halibut, but simply clarifies for enforcement 
purposes that halibut cannot be purchased south of Pt. Chehalis.
    This clarification also has no effect on the economy because the 
prohibition currently does not allow halibut from outside this area to 
be possessed or landed within this area. Therefore, the prohibition 
also intended to prohibit purchasing within this area of halibut caught 
outside the area (i.e., purchasing is not legal if it is illegal for an 
individual to land the fish in this area). However, the regulation did 
not explicitly prohibit purchasing, and is now revised to do so. There 
should be no net change in the selling and purchasing of halibut in the 
area. This is not a change from what was originally intended with this 
prohibition and simply clarifies regulatory language for enforcement 
purposes.

Classification

    NMFS has prepared an RIR/IRFA on the proposed changes to the Plan 
and annual domestic Area 2A halibut management measures. Copies of this 
document are available from NMFS (see ADDRESSES).
    NMFS prepared an IRFA that describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. The IRFA is available from 
NMFS (see

[[Page 8171]]

ADDRESSES). A summary of the IRFA follows:
    A fish-harvesting business is considered a ``small'' business by 
the Small Business Administration 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 $6.0 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 Plan, which allocates the catch 
of Pacific halibut among users in Washington, Oregon and California, 
would: (1) provide more flexibility for Washington inseason sport 
fishery management; (2) revise the public announcement process for the 
Puget Sound sport fishery (Washington's inside waters subarea); (3) 
revise season dates for the Washington North Coast and South Coast 
sport fisheries; (4) combine the Oregon North Central and South Central 
subareas; (5) revise the ``additional fishing days'' season structure 
for Oregon's spring and summer sport fisheries; (6) extend the season 
closing date for Oregon/California sport fisheries South of Humbug 
Mountain subarea; and (7) change the depth restriction for Oregon's 
nearshore sport fishery. The proposed changes to annual domestic Area 
2A halibut management measures would revise the eastern, inshore 
boundary of an area closed to non-treaty commercial halibut fishing. 
The flexible inseason management provisions and the fishery election 
process in Area 2A have essentially not changed since 2003, but are 
included in the proposed rule to provide opportunity for public notice 
and comment. One minor change in the flexible inseason management 
provisions for Area 2A is that the NMFS telephone hotline will be 
maintained from May through October rather than May through September 
to cover the duration of the commercial and sport halibut seasons in 
Area 2A.
    The purpose of revising the public announcement process for the 
Puget Sound fishery is to streamline the management process. The Puget 
Sound fishery (season structure, opening dates, etc) is to remain in 
place for a few years to evaluate their effectiveness. The public will 
continue to have an opportunity to comment on the halibut fisheries in 
the state-run public comment process (email and mail forums and public 
meetings, as needed) and in the Federal notice-and-comment process. 
Revising the season dates in Washington's North Coast subarea are 
intended to move the fishery later in May when the weather tends to be 
more favorable, to increase the likelihood of the fishery being open on 
Memorial Day weekend, and to allow for flexibility in picking June 
openings for days when tidal conditions are more favorable. Revising 
the season dates in Washington's South Coast subarea are intended to 
add more fishing opportunity for halibut when the salmon season is 
open. Combining the Oregon Central Coast subareas is intended to match 
how the fishery is currently managed, for all practical purposes. 
Revising the ``additional fishing days'' season structure in the 
Oregon's Central Coast fisheries is intended to allow fishery 
participants to harvest the available quota in this area. Extending the 
season end date for the South of Humbug Mountain, OR subarea is 
intended to match the season end date for this subarea with the season 
end dates for the other Oregon subareas. Changing the depth 
restrictions for Oregon's Central Coast nearshore fishery is intended 
to better mesh halibut regulations with groundfish regulations to 
reduce angler confusion and ease enforcement. Other proposed changes to 
the Plan are intended to provide managers with more flexibility for 
adjusting fisheries inseason in order to ensure the available quota is 
taken. The purpose of revising the eastern, inshore boundary of an area 
closed to non-treaty commercial halibut fishing in the annual domestic 
Area 2A halibut management measures is to align with the revised 
boundary for the groundfish fishery in this area. This revised 
boundary, which only moved 3 fm, is designed to better align with the 
occurrence of overfished rockfish species, such as yelloweye and canary 
rockfish, that may be caught with longline gear used in the commercial 
halibut fishery.
    The proposed changes to the Plan and annual domestic Area 2A 
halibut management measures will affect charter fishing operations, 
anglers and commercial halibut fishermen who operate off Washington and 
Oregon. In 2003, IPHC issued 127 licenses to the charterboat fleet, 260 
licenses to the commercial directed fishery which includes licenses for 
vessels retaining halibut caught incidentally to the primary sablefish 
fishery, and 323 licenses to salmon troll vessels to retain 
incidentally caught halibut. For 2004, the proposed changes to the Plan 
and annual domestic Area 2A halibut management measures are non-
substantive. These changes are within the Plan's management objective 
of allocating the TAC in Area 2A, while also allowing commercial, 
recreational, and tribal fisheries to target halibut in the manner most 
appropriate for the user's needs within that fishery.
    These changes to the Plan and annual domestic Area 2A halibut 
management measures are authorized under the Pacific Halibut Act and 
implementing regulations at 50 CFR 300.60-65.
    The proposed changes to the Plan and annual domestic Area 2A 
halibut management measures are expected to result in either no impact 
at all, or a modest increase in fishing opportunity for commercial and 
sport halibut fishermen and operators. The proposed sport management 
measures for 2004 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 proposed non-treaty 
commercial management measures for 2004 will allow the fishery access 
to the commercial portion of the Area 2A TAC while protecting 
overfished rockfish species that co-occur with halibut. The measures 
for 2004 will be very similar to last year's management measures. No 
additional alternatives from status quo were analyzed. There were no 
significant alternatives that could have similarly improved angler 
enjoyment of and participation in the fisheries while simultaneously 
protecting halibut and co-occurring groundfish species from 
overharvest. These changes do not include any reporting or 
recordkeeping requirements. These changes will also not duplicate, 
overlap or conflict with other laws or regulations.
    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 13 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

[[Page 8172]]

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.

    Dated: February 17, 2004.
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:

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 (b)(3)(ii) is revised to read as 
follows:


Sec.  300.63  Catch sharing plans and domestic management measures in 
Area 2A.

* * * * *
    (b) * * *
    (3) * * *
    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 4653'18'' N. lat. that were taken and 
retained as incidental catch authorized by this section in the directed 
longline sablefish fishery.
* * * * *
[FR Doc. 04-3753 Filed 2-20-04; 8:45 am]
BILLING CODE 3510-22-S