[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Rules and Regulations]
[Pages 20304-20314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 660

[Docket No. 050125016-5097-02; I.D. 011805C]
RIN 0648-AS61


Pacific Halibut Fisheries; Catch Sharing Plan; Fisheries Off West 
Coast States and in the Western Pacific; Pacific Coast Groundfish 
Fishery; Specifications and Management Measures; Inseason Adjustments

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

ACTION: Final rule.

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SUMMARY: The Assistant Administrator for Fisheries, NOAA (AA), on 
behalf of the International Pacific Halibut Commission (IPHC), 
publishes annual management measures to govern the Pacific halibut 
fishery. These measures are promulgated as regulations by the IPHC and 
accepted by the Secretary of State. The AA announces modifications to 
the Catch Sharing Plan (Plan) for Area 2A and implementing regulations 
for 2005, and announces approval of the Area 2A Plan. The AA also 
announces related changes to management measures in the recreational 
Pacific Coast groundfish fisheries, which are authorized by the Pacific 
Coast Groundfish Fishery Management Plan (FMP). These actions are 
intended to enhance the conservation of Pacific halibut and groundfish 
and further the goals and objectives of the Pacific Fishery Management 
Council (Pacific Council).

DATES: The amendments to Sec.  660.384 are effective May 1, 2005. The 
inseason adjustment to the annual management measures for Pacific 
halibut fisheries are effective from April 14, 2005, until the 
effective date of the 2006 annual management measures, which will be 
published in the Federal Register.

ADDRESSES: Copies of the Plan, Environmental Assessment (EA)/Regulatory 
Impact Review (RIR)/Initial Regulatory Flexibility Analysis (IRFA), 
Final Regulatory Flexibility Analysis (FRFA) and Categorical Exclusion 
(CE) are available from D. Robert Lohn, Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070. 
Electronic copies of the Plan, including proposed changes for 2005, and 
of the EA/RIR/IRFA are also available at the NMFS Northwest Region 
website: http://www.nwr.noaa.gov, click on ``Pacific Halibut.''

FOR FURTHER INFORMATION CONTACT: Jamie Goen or Yvonne deReynier 
(Northwest Region, NMFS), phone: 206-526-6150, fax: 206-526-6736 or e-
mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: The IPHC manages Pacific halibut in waters 
off Alaska, British Columbia, and the U.S. West Coast. On January 18-
21, 2005, the IPHC held its annual meeting in Victoria, B.C., and 
recommended its bilateral regulations for 2005. The Secretary of State 
of the United States has accepted the 2005 IPHC regulations under 
section 4 of the Northern Pacific Halibut Act (Halibut Act, 16 U.S.C. 
773-773k). For U.S. waters, NMFS works with the North Pacific and 
Pacific Fishery Management Councils to set area-specific fishery 
management measures. IPHC refers to waters off the U.S. West Coast 
(Washington, Oregon, and California) as ``Area 2A.'' In addition, 
regulations governing the retention of groundfish in the recreational 
halibut fishery in Area 2A are included in the Pacific coast groundfish 
regulations at Title 50 in the Code of Federal Regulations (CFR), part 
660, subpart G, which regulates fishing for over 80 species of 
groundfish off the coasts of Washington, Oregon, and California. 
Groundfish specifications and management measures are developed by the 
Pacific Council, and are implemented by NMFS. The Pacific coast 
groundfish specifications and management measures for 2005-2006 were 
codified at 50 CFR part 600, subpart G and published in the Federal 
Register as a proposed rule on September 21, 2004 (69 FR 56550), and as 
a final rule on December 23, 2004 (69 FR 77012), and as subsequently 
amended through inseason action.
    On February 7, 2005, NMFS published a proposed rule to revise the 
Area 2A Plan for Pacific halibut and to implement the portions of the 
revised Plan that are not implemented in the IPHC regulations (70 FR 
6395). A complete description of the Pacific Council recommended 
changes to the Plan and management measures were published in the 
proposed rule for this action. NMFS requested comment on the proposed 
rule through March 16, 2005. On February 25, 2005, NMFS published a 
final rule (70 FR 9242) to implement the IPHC's recommendations and to 
announce fishery regulations for U.S. waters off Alaska and fishery 
regulations for treaty commercial and ceremonial and subsistence 
fisheries and some regulations for non-treaty commercial fisheries for 
U.S. waters off the West Coast. None of the Pacific Council's proposed 
2005 revisions to the Plan addressed either the treaty fisheries or the 
non-treaty commercial fisheries.
    As described in the proposed rule, there was confusion over the 
Pacific Council's recommendation to prohibit the retention of all 
groundfish, except sablefish when allowed by groundfish regulation, in 
the Columbia River fishery during all days and in the Central Coast 
fisheries during ``all-depth'' days. The confusion was over how it 
would apply to the Columbia River subarea, which is shared by 
Washington and Oregon. At their November 1-5, 2004, meeting, the

[[Page 20305]]

Pacific Council adopted a recommendation for ``Sub-areas south of 
Leadbetter Point, Washington'' that stated ``No groundfish retention 
except sablefish allowed during the all-depth fishery if halibut are 
on-board the vessel except south of Humbug Mt.'' After the November 
meeting it became apparent that various Council participants were 
confused as to exactly where this prohibition would apply. Because of 
the introductory description (Sub-areas south of Leadbetter Point, 
Washington), some thought it applied in the entire Columbia River area 
and the Oregon Central Coast subarea. However, others thought this 
measure would only apply off Oregon because it was introduced by Oregon 
and had not been discussed in Washington State meetings with Washington 
fishermen, and because one purpose was to allow dockside enforcement 
during the groundfish closure seaward of 40 fm (73 m), which is only in 
place off of Oregon. In the proposed rule, NMFS concluded the two 
possible ways to implement this provision in the Columbia River subarea 
would be to apply the groundfish retention prohibition to all halibut 
fishing in the Columbia River subarea or only to vessels that land 
halibut in Oregon.
    Therefore, NMFS requested that the Pacific Council clarify this 
recommendation at their March 6-11, 2005, meeting in Sacramento, CA. 
NMFS scheduled the public comment period on the proposed rule to end on 
March 16, 2005, after the Pacific Council's March meeting. At their 
March 2005 meeting, the Pacific Council recommended and NMFS is 
implementing in this final rule for the halibut regulations and in this 
inseason action for the groundfish regulations (1) a prohibition on the 
landing of all groundfish, except sablefish when allowed by groundfish 
regulation, in the Columbia River recreational fishery when halibut are 
onboard the vessel and (2) a prohibition on the retention of all 
groundfish, except sablefish when allowed by groundfish regulation, in 
the Central Coast recreational fisheries during ``all depth'' days when 
halibut are onboard the vessel.
    This final rule announces approval of revisions to the Area 2A Plan 
and implements the Area 2A Pacific halibut Plan and management measures 
for 2005. These halibut management measures are effective until 
superceded by the 2006 halibut management measures that will be 
published in the Federal Register.

Comments and Responses

    During the comment period on the proposed rule for implementing the 
Area 2A Plan, NMFS received three letters of comment, two of those 
letters were from the Washington Department of Fish and Wildlife (WDFW) 
and the Oregon Department of Fish and Wildlife (ODFW). The letters from 
WDFW and ODFW, commenting on the season dates, are addressed below in 
the section on the Plan for Area 2A.
    Comment 1: The commenter opposed NMFS proposal to remove the 
minimum length requirement for sport halibut caught south of Leadbetter 
Point, WA, stating that this requirement is an important conservation 
measure, balancing the overall ecosystem. The commenter voiced a 
concern that removing the minimum length requirement would cause a 
decline in halibut populations.
    Response: Sport fishing for halibut off the Oregon coast has been 
managed with a 32-inch (81-cm) minimum size limit since 1989. In the 
Columbia River area (shared between Washington and Oregon), the sport 
fishery for halibut has been managed with a 32 inch (81 cm) size limit 
since 2002. Off Washington, there has not been a size limit for sport 
halibut fisheries since at least 1988.
    The EA (see ADDRESSES for a copy) for this action analyzed the 
impacts of retaining the current size limit, requiring fishery 
participants to release any undersized halibut (Alternative 1), versus 
eliminating the minimum size limit for the sport fisheries south of 
Leadbetter Point, WA (Alternative 2). Area 2A sport halibut management 
subareas south of Leadbetter Point, WA include the Columbia River 
subarea (Leadbetter Point, WA to Cape Falcon, OR), the Central Coast 
subarea (Cape Falcon, OR to Humbug Mountain, OR), and the southern 
Oregon/California subarea (south of Humbug Mountain, OR). Based on the 
analysis in the EA and on a recommendation from the Pacific Council and 
originally from ODFW, NMFS proposed to eliminate the minimum size limit 
south of Leadbetter Point, WA, in their proposed rule (70 FR 6395, 
February 7, 2005). This action is intended to reduce the number of 
halibut released and time on the water, thus reducing incidental catch 
of groundfish species without harming the halibut population.
    The halibut population in Area 2A is a small portion of the overall 
halibut stock off northern North America and is thought to migrate down 
from breeding grounds off Alaska and Canada. Annual halibut harvest 
amounts are set by the IPHC, which has a long history of conservative 
halibut management. The IPHC surveys the halibut stock annually to 
monitor biomass trends and adjusts their total allowable catch to 
mirror those trends. Neither retaining or eliminating the minimum size 
limit will have any effect on the amount of halibut taken in Area 2A. 
Eliminating the minimum size limit, however, could have an effect on 
the number of halibut taken in the sport fisheries south of Leadbetter 
Point, WA, and on the sex composition of the local halibut catch. 
Because eliminating the minimum size limit would allow the retention of 
smaller-size halibut, a larger number of halibut may be taken in the 
fishery before the quota is reached than under a larger size limit. 
Female halibut grow at a faster rate and achieve greater lengths at 
younger ages than male halibut. Thus, a size-limited fishery may catch 
a greater proportion of female halibut and/or younger female than male 
halibut. The Oregon/California sport fishery allocation, however, is 
0.36 percent of the overall North American halibut harvest, and 
variations in the size and sex of fish harvested in this fishery are 
unlikely to affect the abundance of Pacific halibut.
    In addition, the South Washington Coast subarea sport fishery 
average halibut lengths in each year for 2001, 2002, and 2003 have been 
37 in (93 cm), 39 in (98 cm), and 36 in (92 cm), respectively. Average 
weights for these same years have been 20.26 lb (9.2 kg), 20.62 lb (9.4 
kg), and 17.42 lb (7.9 kg), respectively. In the central Oregon subarea 
sport fishery, average halibut lengths in each year for 2001, 2002, and 
2003 have been 41 in (104 cm), 41 in (103 cm), and 40 in (101 cm), 
respectively. Average weights for these same years have been 23.1 lb 
(10.5 kg), 22.1 lb (10.0 kg) and 20.6 lb (9.3 kg). Fish taken off 
southern Washington are slightly smaller than those taken in the size-
limited Oregon coast fishery. However, the average sizes for both 
subareas are well over the 32 in (81 cm) Oregon minimum size limit. 
Thus, although removing the minimum size limit from the sport fisheries 
south of Leadbetter Point, WA, may have some effect on the size 
composition of retained halibut, that effect will likely be minimal.

Catch Sharing Plan for Area 2

    The Pacific Council's Area 2A Plan allocates the halibut catch 
limit for Area 2A among treaty Indian, non-treaty commercial, and non-
treaty sport fisheries in and off Washington, Oregon, and California. 
Those allocations were described in the proposed rule for this action 
(70 FR 6395, February 7, 2005).

[[Page 20306]]

 The Plan also includes many other provisions regarding the 
distribution of harvest in the area. For 2005, the Pacific Council 
recommended changes to the Plan to modify the Pacific halibut fisheries 
in Area 2A in 2005 and beyond pursuant to recommendations from WDFW and 
ODFW. These changes to the Plan will:
    Allow remaining quota from Washington's south coast subarea to be 
used to accommodate incidental catch in the south coast nearshore 
fishery;
    Allow quota projected to be unused to be transferred from Oregon's 
central coast subarea to another subarea south of Leadbetter Point, WA;
    Revise the season structure for Oregon's all-depth spring and 
summer sport fisheries;
    Provide more flexibility for Oregon's inseason sport fishery 
management (triggers for additional fishery openings and bag limits in 
the all-depth summer fishery);
    Revise the public announcement process for Oregon's all-depth 
summer sport fishery;
    Revise the Columbia River subarea quota contributions from Oregon/
California;
    Remove the minimum length requirement in all subareas south of 
Leadbetter Point, WA;
    Prohibit landing of groundfish, except sablefish, in the Columbia 
River subarea when halibut are onboard the vessel and prohibit the 
retention of groundfish, except sablefish, in Oregon's Central Coast 
subarea on ``all-depth'' days when halibut are onboard the vessel;
    Implement a closed area off Oregon's coast; and
    Revise all coordinates from degrees minutes seconds to degrees 
decimal minutes.
    NMFS has approved the proposed changes to the Plan. Copies of the 
complete Plan for Area 2A as modified are available from the NMFS 
Northwest Regional Office (see ADDRESSES).
    The ODFW held a public workshop (after the IPHC set the Area 2A 
quota) in Newport, OR, on January 27, 2005, to develop recommendations 
on the opening dates of Oregon's central coast sport fisheries. WDFW 
held a public workshop in Olympia, WA on February 4, 2005, to develop 
recommendations on the opening dates of Washington's Puget Sound 
subarea sport fisheries; on January 6 in Montesano, WA and February 22 
in Olympia, WA to discuss the anticipated short season in Washington's 
north coast subarea sport fishery; and February 8 in Montesano, WA to 
discuss groundfish retention in the Columbia River subarea sport 
halibut fishery. The WDFW and ODFW sent letters to NMFS providing 
recommendations on the opening dates and season structure for managing 
the sport fisheries under the 2005 quotas consistent with the Plan.
    WDFW recommended an April 14 to June 20 season for eastern Puget 
Sound and a May 26 to July 31 season for western Puget Sound, 5 days 
per week (closed Tuesday and Wednesday). The recommended number of 
fishing days is based on an analysis of past harvest patterns in this 
fishery and meets the requirements of the Plan for the overall Puget 
Sound sport fishery subarea. For the Washington North Coast subarea, 
the Plan allows for a season opening May 10 and continuing until the 
May sub-quota is taken, 5 days per week (closed Sunday and Monday), and 
a second season opening June 16 and continuing until the remaining 
quota is projected to be taken, 5 days per week (closed Sunday and 
Monday). For the Washington South Coast subarea, the Plan allows for a 
season opening May 1 and continuing until July 1 or until the quota is 
taken, whichever is earlier, 5 days per week (closed Friday and 
Saturday) in the offshore area and 7 days per week in the nearshore 
area. Beginning July 1, and if quota remains, the south coast subarea 
will be open 7 days per week in the offshore and nearshore areas 
continuing until September 30 or until the quota is taken, whichever is 
earlier.
    The Plan allows for a Columbia River subarea season opening on May 
1 and continuing 7 days per week until September 30 or until the quota 
has been reached, whichever is earlier.
    The Plan allows for an Oregon Central Coast subarea nearshore 
fishery (inside of a boundary line approximating the 40-fm (73-m) depth 
contour) season opening on May 1 and continuing 7 days per week until 
October 31 or until the sub-quota for that fishery is taken, whichever 
is earlier. For the all-depth fishery in that subarea, ODFW recommended 
a 12-day spring season of May 12-14, 19-21, June 2-4 and 9-11, based on 
an analysis of past harvest rates. If the spring season does not take 
the entire spring sub-quota for this subarea, ODFW recommended these 
additional potential opening dates: June 30, July 1-2, 14-16, and 28-
30. ODFW further recommended re-opening the all-depth fishery on 
Friday, August 5 to take the summer sub-quota for this subarea, if 
sufficient quota remains. This summer fishery would remain open every 
other Friday through Sunday until the quota is taken, or October 31, 
whichever is earlier. The Plan also allows for an increase in the open 
days and bag limits in the summer all-depth season if a certain amount 
of quota remains after the first and third summer all-depth openers. 
These recommendations meet the requirements of the Plan for this 
subarea.
    For the southernmost subarea, south of Humbug Mountain, Oregon, the 
Plan allows for opening this subarea on May 1 and continuing the season 
until October 31, 7 days per week.
    NMFS is implementing sport fishing management measures in Area 2A 
which are in accordance with the Plan and based on recommendations from 
the states.

NMFS Actions

0
For the reasons stated herein, NMFS concurs with Pacific Council's 
recommendations. NMFS hereby announces under authority of 16 U.S.C. 
773-773k, the following changes to the 2005 annual halibut management 
measures at 70 FR 9242 (February 25, 2005) to read as follows:
0
1. On page 9249, in the Federal Register document published on February 
25, 2005, in Section 24, ``Sport Fishing for Halibut,'' paragraph 
(4)(b) is revised to read as follows:
* * * * *
    (4)* * *
    (b) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the inseason 
actions in Section 25. All sport fishing in Area 2A is managed on a 
``port of landing'' basis, whereby any halibut landed into a port 
counts toward the quota for the area in which that port is located, and 
the regulations governing the area of landing apply, regardless of the 
specific area of catch.
    (i) In Puget Sound and the U.S. waters in the Strait of Juan de 
Fuca, east of a line extending from 48[deg]17.30' N. lat., 
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., there is no quota. This area is managed by setting a season 
that is projected to result in a catch of 64,800 lb (29 mt).
    (A) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is April 14 through June 20 and the 
fishing season in western Puget Sound (west of 123[deg]49.50' W. long., 
Low Point) is May 26 through July 31, 5 days a week (Thursday through 
Monday).
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (ii) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (4)(b)(i) of 
this section and north of the Queets River (47[deg]31.70' N. lat.), is 
115,437 lb (52.4 mt).

[[Page 20307]]

    (A) The fishing seasons are:
    (1) Commencing May 10 and continuing 5 days a week (Tuesday through 
Saturday) until 83,115 lb (37.7 mt) are estimated to have been taken 
and the season is closed by the Commission.
    (2) From June 16, and continuing thereafter for 5 days a week 
(Tuesday through Saturday) until the overall quota of 115,437 lb (52.4 
mt) are estimated to have been taken and the area is closed by the 
Commission, or until September 30, whichever occurs first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A ``C-shaped'' yelloweye rockfish conservation area southwest 
of Cape Flattery is closed to sport fishing for halibut. This area is 
defined by the following coordinates in the order listed:
    48[deg]18.00' N. lat.; 125[deg]18.00' W. long.;
    48[deg]18.00' N. lat.; 124[deg]59.00' W. long.;
    48[deg]11.00' N. lat.; 124[deg]59.00' W. long.;
    48[deg]11.00' N. lat.; 125[deg]11.00' W. long.;
    48[deg]04.00' N. lat.; 125[deg]11.00' W. long.;
    48[deg]04.00' N. lat.; 124[deg]59.00' W. long.;
    48[deg]00.00' N. lat.; 124[deg]59.00' W. long.;
    48[deg]00.00' N. lat.; 125[deg]18.00' W. long.;
    and connecting back to 48[deg]18.00' N. lat.; 125[deg]18.00' W. 
long.
    (iii) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.) and Leadbetter Point, WA 
(46[deg]38.17' N. lat.), is 50,146 lb (22.7 mt).
    (A) The fishing season commences on May 1 and continues 5 days a 
week (Sunday through Thursday) in all waters, except that in the area 
from Queets River south to 47[deg]00'00'' N. lat. and east of 
124[deg]40'00'' W. long, the fishing season commences on May 1 and 
continues 7 days a week. Beginning July 1, the halibut fishery between 
Queets River and Leadbetter Point will be open 7 days per week. The 
fishery will continue from May 1 until 50,146 lb (22.7 mt) are 
estimated to have been taken and the season is closed by the 
Commission, or until September 30, whichever occurs first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (iv) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.) and Cape Falcon, OR 
(45[deg]46.00' N. lat.), is 13,747 lb (6.2 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 13,747 lb (6.2 mt) are estimated to have 
been taken and the area is closed by the Commission, whichever occurs 
first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) Landing Pacific Coast groundfish is prohibited, except 
sablefish when allowed by Pacific Coast groundfish regulations, if 
halibut are on board the vessel.
    (v) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.), is 251,264 lb (114 mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through October 31, in the area inside of a boundary line approximating 
the 40-fathom (73-m) depth contour, or until the sub-quota for the 
central Oregon inside 40-fm fishery (20,101 lb (9.1 mt)) or any 
inseason revised subquota is estimated to have been taken and the 
season is closed by the Commission, whichever is earlier. The boundary 
line approximating the 40-fathom (73-m) depth contour between 
45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is defined by straight 
lines connecting all of the following points in the order stated:
    (1) 45[deg]46.00' N. lat., 124[deg]04.49' W. long.;
    (2) 45[deg]44.34' N. lat., 124[deg]05.09' W. long.;
    (3) 45[deg]40.64' N. lat., 124[deg]04.90' W. long.;
    (4) 45[deg]33.00' N. lat., 124[deg]04.46' W. long.;
    (5) 45[deg]32.27' N. lat., 124[deg]04.74' W. long.;
    (6) 45[deg]29.26' N. lat., 124[deg]04.22' W. long.;
    (7) 45[deg]20.25' N. lat., 124[deg]04.67' W. long.;
    (8) 45[deg]19.99' N. lat., 124[deg]04.62' W. long.;
    (9) 45[deg]17.50' N. lat., 124[deg]04.91' W. long.;
    (10) 45[deg]11.29' N. lat., 124[deg]05.19' W. long.;
    (11) 45[deg]05.79' N. lat., 124[deg]05.40' W. long.;
    (12) 45[deg]05.07' N. lat., 124[deg]05.93' W. long.;
    (13) 45[deg]03.83' N. lat., 124[deg]06.47' W. long.;
    (14) 45[deg]01.70' N. lat., 124[deg]06.53' W. long.;
    (15) 44[deg]58.75' N. lat., 124[deg]07.14' W. long.;
    (16) 44[deg]51.28' N. lat., 124[deg]10.21' W. long.;
    (17) 44[deg]49.49' N. lat., 124[deg]10.89' W. long.;
    (18) 44[deg]44.96' N. lat., 124[deg]14.39' W. long.;
    (19) 44[deg]43.44' N. lat., 124[deg]14.78' W. long.;
    (20) 44[deg]42.27' N. lat., 124[deg]13.81' W. long.;
    (21) 44[deg]41.68' N. lat., 124[deg]15.38' W. long.;
    (22) 44[deg]34.87' N. lat., 124[deg]15.80' W. long.;
    (23) 44[deg]33.74' N. lat., 124[deg]14.43' W. long.;
    (24) 44[deg]27.66' N. lat., 124[deg]16.99' W. long.;
    (25) 44[deg]19.13' N. lat., 124[deg]19.22' W. long.;
    (26) 44[deg]15.35' N. lat., 124[deg]17.37' W. long.;
    (27) 44[deg]14.38' N. lat., 124[deg]17.78' W. long.;
    (28) 44[deg]12.80' N. lat., 124[deg]17.18' W. long.;
    (29) 44[deg]09.23' N. lat., 124[deg]15.96' W. long.;
    (30) 44[deg]08.38' N. lat., 124[deg]16.80' W. long.;
    (31) 44[deg]08.30' N. lat., 124[deg]16.75' W. long.;
    (32) 44[deg]01.18' N. lat., 124[deg]15.42' W. long.;
    (33) 43[deg]51.60' N. lat., 124[deg]14.68' W. long.;
    (34) 43[deg]42.66' N. lat., 124[deg]15.46' W. long.;
    (35) 43[deg]40.49' N. lat., 124[deg]15.74' W. long.;
    (36) 43[deg]38.77' N. lat., 124[deg]15.64' W. long.;
    (37) 43[deg]34.52' N. lat., 124[deg]16.73' W. long.;
    (38) 43[deg]28.82' N. lat., 124[deg]19.52' W. long.;
    (39) 43[deg]23.91' N. lat., 124[deg]24.28' W. long.;
    (40) 43[deg]20.83' N. lat., 124[deg]26.63' W. long.;
    (41) 43[deg]17.96' N. lat., 124[deg]28.81' W. long.;
    (42) 43[deg]16.75' N. lat., 124[deg]28.42' W. long.;
    (43) 43[deg]13.98' N. lat., 124[deg]31.99' W. long.;
    (44) 43[deg]13.71' N. lat., 124[deg]33.25' W. long.;
    (45) 43[deg]12.26' N. lat., 124[deg]34.16' W. long.;
    (46) 43[deg]10.96' N. lat., 124[deg]32.34' W. long.;
    (47) 43[deg]05.65' N. lat., 124[deg]31.52' W. long.;
    (48) 42[deg]59.66' N. lat., 124[deg]32.58' W. long.;
    (49) 42[deg]54.97' N. lat., 124[deg]36.99' W. long.;
    (50) 42[deg]53.81' N. lat., 124[deg]38.58' W. long.;
    (51) 42[deg]50.00' N. lat., 124[deg]39.68' W. long.;
    (52) 42[deg]49.14' N. lat., 124[deg]39.92' W. long.;
    (53) 42[deg]46.47' N. lat., 124[deg]38.65' W. long.;
    (54) 42[deg]45.60' N. lat., 124[deg]39.04' W. long.;
    (55) 42[deg]44.79' N. lat., 124[deg]37.96' W. long.;
    (56) 42[deg]45.00' N. lat., 124[deg]36.39' W. long.;

[[Page 20308]]

    (57) 42[deg]44.14' N. lat., 124[deg]35.16' W. long.;
    (58) 42[deg]42.15' N. lat., 124[deg]32.82' W. long.;
    (59) 42[deg]40.50' N. lat., 124[deg]31.98' W. long.; and
    (60) 42[deg]38.82' N. lat., 124[deg]31.09' W. long.
    (2) The second season (spring season), which is for the ``all-
depth'' fishery, is open on May 12, 13, 14, 19, 20, and 21, and June 2, 
3, 4, 9, 10, and 11. The projected catch for this season is 173,372 lb 
(78.6 mt). If sufficient unharvested catch remains for additional 
fishing days, the season will re-open. Dependent on the amount of 
unharvested catch available, the potential season re-opening dates will 
be: June 30, and July 1, 2, 14, 15, 16, 28, 29, and 30. If NMFS decides 
inseason to allow fishing on any of these re-opening dates, notice of 
the re-opening will be announced on the NMFS hotline (206) 526-6667 or 
(800) 662-9825. No halibut fishing will be allowed on the re-opening 
dates unless the date is announced on the NMFS hotline.
    (3) If sufficient unharvested catch remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be open 
August 5, 6, 7, 19, 20, and 21, September 2, 3, 4, 16, 17, 18, 30, and 
October 1, 2, 14, 15, 16, 28, 29, and 30, or until the combined spring 
season and summer season quotas in the area between Cape Falcon and 
Humbug Mountain, OR, totaling 231,163 lb (104.9 mt), are estimated to 
have been taken and the area is closed by the Commission, whichever is 
earlier. NMFS will announce on the NMFS hotline in July whether the 
fishery will re-open for the summer season in August. No halibut 
fishing will be allowed in the summer season fishery unless the dates 
are announced on the NMFS hotline. Additional fishing days may be 
opened if a certain amount of quota remains after August 7 and 
September 4. If after August 7, greater than or equal to 60,000 lbs 
(27.2 mt) remains in the combined all-depth and inside 40-fm (73-m) 
quota, the fishery may re-open on August 12, 13, 14, 19, 20, 21, 26, 
27, and 28 and September 2, 3, 4, 9, 10, 11, 16, 17, 18, 23, 24, 25, 
and 30, and October 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 29, and 
30 (every Friday through Sunday versus every other Friday through 
Sunday). If after September 4, greater than or equal to 30,000 lbs 
(13.6 mt) remains in the combined all-depth and inside 40-fm (73-m) 
quota, the fishery may re-open on September 9, 10, 11, 16, 17, 18, 23, 
24, 25, and 30, and October 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 
29, and 30 (every Friday through Sunday) with a bag limit of two fish 
of any size per person, per day. NMFS will announce on the NMFS hotline 
whether the summer all-depth fishery will be open on such additional 
fishing days and what days will comprise such opening.
    (B) The daily bag limit is one halibut of any size per day per 
person, unless otherwise specified. NMFS will announce on the NMFS 
hotline any bag limit changes.
    (C) During days open to all-depth halibut fishing, no Pacific Coast 
groundfish may be retained, except sablefish when allowed by Pacific 
Coast groundfish regulations, if halibut are on board the vessel.
    (D) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only inshore of a boundary line approximating the 
40-fm (73-m) depth contour, halibut possession and retention by vessels 
operating offshore of 40-fm (73-m) is prohibited.
    (E) A yelloweye rockfish conservation area off central Oregon is 
closed to sport fishing for halibut. This area is defined by the 
following coordinates in the order listed:
    (1) 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    (2) 44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    (3) 44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    (4) 44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    (5) 44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    (6) and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. 
long.
    (vi) In the area south of Humbug Mountain, Oregon (42[deg]40.50' N. 
lat.) and off the California coast, there is no quota. This area is 
managed on a season that is projected to result in a catch of less than 
7,984 lb (3.6 mt).
    (A) The fishing season will commence on May 1 and continue every 
day through October 31.
    (B) The daily bag limit is one halibut of any size per day per 
person.
* * * * *
0
2. On page 9250, in the Federal Register document published on February 
25, 2005, Section 25, ``Flexible Inseason Management Provisions in Area 
2A'' is revised to read as follows:

25. Flexible Inseason Management Provisions in Area 2A

    (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

[[Page 20309]]

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.
* * * * *
0
3. On page 9250, in the Federal Register document published on February 
25, 2005, Section 26, ``Fishery Election in Area 2A'' is revised to 
read as follows:

26. Fishery Election in Area 2A

    (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 
660.372; 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.
* * * * *
0
4. On page 9250, in the Federal Register document published on February 
25, 2005, Section 27, ``Area 2A Non-Treaty Commercial Fishery Closed 
Area'' is revised to read as follows:

27. Area 2A Non-treaty Commercial Fishery Closed Areas

    Non-treaty commercial vessels operating in the directed commercial 
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 40[deg]10' N. lat. 
Coordinates for the specific closed area boundaries are as follows:
    (1) Between the U.S./Canada border and 46[deg]16' N. lat., the 
eastern boundary of the RCA is the shoreline.
    (2) Between 46[deg]16' N. lat. and 40[deg]10' N. lat., the eastern, 
inshore boundary of the RCA approximates the 30-fm (55-m) depth 
contour. The boundary is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 46[deg]16.00' N. lat., 124[deg]13.05' W. long.;
    (2) 46[deg]07.00' N. lat., 124[deg]07.01' W. long.;
    (3) 45[deg]55.95' N. lat., 124[deg]02.23' W. long.;
    (4) 45[deg]54.53' N. lat., 124[deg]02.57' W. long.;
    (5) 45[deg]50.65' N. lat., 124[deg]01.62' W. long.;
    (6) 45[deg]48.20' N. lat., 124[deg]02.16' W. long.;
    (7) 45[deg]46.00' N. lat., 124[deg]01.86' W. long.;
    (8) 45[deg]43.47' N. lat., 124[deg]01.28' W. long.;
    (9) 45[deg]40.48' N. lat., 124[deg]01.03' W. long.;
    (10) 45[deg]39.04' N. lat., 124[deg]01.68' W. long.;
    (11) 45[deg]35.48' N. lat., 124[deg]01.89' W. long.;
    (12) 45[deg]29.81' N. lat., 124[deg]02.45' W. long.;
    (13) 45[deg]27.96' N. lat., 124[deg]01.89' W. long.;
    (14) 45[deg]27.22' N. lat., 124[deg]02.67' W. long.;
    (15) 45[deg]24.20' N. lat., 124[deg]02.94' W. long.;
    (16) 45[deg]20.60' N. lat., 124[deg]01.74' W. long.;
    (17) 45[deg]20.25' N. lat., 124[deg]01.85' W. long.;
    (18) 45[deg]16.44' N. lat., 124[deg]03.22' W. long.;
    (19) 45[deg]13.63' N. lat., 124[deg]02.70' W. long.;
    (20) 45[deg]11.04' N. lat., 124[deg]03.59' W. long.;
    (21) 45[deg]08.55' N. lat., 124[deg]03.47' W. long.;
    (22) 45[deg]02.82' N. lat., 124[deg]04.64' W. long.;
    (23) 45[deg]03.38' N. lat., 124[deg]04.79' W. long.;
    (24) 44[deg]58.06' N. lat., 124[deg]05.03' W. long.;
    (25) 44[deg]53.97' N. lat., 124[deg]06.92' W. long.;
    (26) 44[deg]48.89' N. lat., 124[deg]07.04' W. long.;
    (27) 44[deg]46.94' N. lat., 124[deg]08.25' W. long.;
    (28) 44[deg]42.72' N. lat., 124[deg]08.98' W. long.;
    (29) 44[deg]38.16' N. lat., 124[deg]11.48' W. long.;
    (30) 44[deg]33.38' N. lat., 124[deg]11.54' W. long.;
    (31) 44[deg]28.51' N. lat., 124[deg]12.03' W. long.;
    (32) 44[deg]27.65' N. lat., 124[deg]12.56' W. long.;
    (33) 44[deg]19.67' N. lat., 124[deg]12.37' W. long.;
    (34) 44[deg]10.79' N. lat., 124[deg]12.22' W. long.;
    (35) 44[deg]09.22' N. lat., 124[deg]12.28' W. long.;
    (36) 44[deg]08.30' N. lat., 124[deg]12.30' W. long.;
    (37) 44[deg]00.22' N. lat., 124[deg]12.80' W. long.;
    (38) 43[deg]51.56' N. lat., 124[deg]13.17' W. long.;
    (39) 43[deg]44.26' N. lat., 124[deg]14.50' W. long.;
    (40) 43[deg]33.82' N. lat., 124[deg]16.28' W. long.;
    (41) 43[deg]28.66' N. lat., 124[deg]18.72' W. long.;
    (42) 43[deg]23.12' N. lat., 124[deg]24.04' W. long.;
    (43) 43[deg]20.83' N. lat., 124[deg]25.67' W. long.;
    (44) 43[deg]20.49' N. lat., 124[deg]25.90' W. long.;

[[Page 20310]]

    (45) 43[deg]16.41' N. lat., 124[deg]27.52' W. long.;
    (46) 43[deg]14.23' N. lat., 124[deg]29.28' W. long.;
    (47) 43[deg]14.03' N. lat., 124[deg]28.31' W. long.;
    (48) 43[deg]11.92' N. lat., 124[deg]28.26' W. long.;
    (49) 43[deg]11.02' N. lat., 124[deg]29.11' W. long.;
    (50) 43[deg]10.13' N. lat., 124[deg]29.15' W. long.;
    (51) 43[deg]09.27' N. lat., 124[deg]31.03' W. long.;
    (52) 43[deg]07.73' N. lat., 124[deg]30.92' W. long.;
    (53) 43[deg]05.93' N. lat., 124[deg]29.64' W. long.;
    (54) 43[deg]01.59' N. lat., 124[deg]30.64' W. long.;
    (55) 42[deg]59.73' N. lat., 124[deg]31.16' W. long.;
    (56) 42[deg]53.75' N. lat., 124[deg]36.09' W. long.;
    (57) 42[deg]50.00' N. lat., 124[deg]38.39' W. long.;
    (58) 42[deg]49.37' N. lat., 124[deg]38.81' W. long.;
    (59) 42[deg]46.42' N. lat., 124[deg]37.69' W. long.;
    (60) 42[deg]46.07' N. lat., 124[deg]38.56' W. long.;
    (61) 42[deg]45.29' N. lat., 124[deg]37.95' W. long.;
    (62) 42[deg]45.61' N. lat., 124[deg]36.87' W. long.;
    (63) 42[deg]44.28' N. lat., 124[deg]33.64' W. long.;
    (64) 42[deg]42.75' N. lat., 124[deg]31.84' W. long.;
    (65) 42[deg]40.50' N. lat., 124[deg]29.67' W. long.;
    (66) 42[deg]40.04' N. lat., 124[deg]29.19' W. long.;
    (67) 42[deg]38.09' N. lat., 124[deg]28.39' W. long.;
    (68) 42[deg]36.72' N. lat., 124[deg]27.54' W. long.;
    (69) 42[deg]36.56' N. lat., 124[deg]28.40' W. long.;
    (70) 42[deg]35.76' N. lat., 124[deg]28.79' W. long.;
    (71) 42[deg]34.03' N. lat., 124[deg]29.98' W. long.;
    (72) 42[deg]34.19' N. lat., 124[deg]30.58' W. long.;
    (73) 42[deg]31.27' N. lat., 124[deg]32.24' W. long.;
    (74) 42[deg]27.07' N. lat., 124[deg]32.53' W. long.;
    (75) 42[deg]24.21' N. lat., 124[deg]31.23' W. long.;
    (76) 42[deg]20.47' N. lat., 124[deg]28.87' W. long.;
    (77) 42[deg]14.60' N. lat., 124[deg]26.80' W. long.;
    (78) 42[deg]13.67' N. lat., 124[deg]26.25' W. long.;
    (79) 42[deg]10.90' N. lat., 124[deg]24.57' W. long.;
    (80) 42[deg]07.04' N. lat., 124[deg]23.35' W. long.;
    (81) 42[deg]02.16' N. lat., 124[deg]22.59' W. long.;
    (82) 42[deg]00.00' N. lat., 124[deg]21.81' W. long.;
    (83) 41[deg]55.75' N. lat., 124[deg]20.72' W. long.;
    (84) 41[deg]50.93' N. lat., 124[deg]23.76' W. long.;
    (85) 41[deg]42.53' N. lat., 124[deg]16.47' W. long.;
    (86) 41[deg]37.20' N. lat., 124[deg]17.05' W. long.;
    (87) 41[deg]24.58' N. lat., 124[deg]10.51' W. long.;
    (88) 41[deg]20.73' N. lat., 124[deg]11.73' W. long.;
    (89) 41[deg]17.59' N. lat., 124[deg]10.66' W. long.;
    (90) 41[deg]04.54' N. lat., 124[deg]14.47' W. long.;
    (91) 40[deg]54.26' N. lat., 124[deg]13.90' W. long.;
    (92) 40[deg]40.31' N. lat., 124[deg]26.24' W. long.;
    (93) 40[deg]34.00' N. lat., 124[deg]27.39' W. long.;
    (94) 40[deg]30.00' N. lat., 124[deg]31.32' W. long.;
    (95) 40[deg]28.89' N. lat., 124[deg]32.43' W. long.;
    (96) 40[deg]24.77' N. lat., 124[deg]29.51' W. long.;
    (97) 40[deg]22.47' N. lat., 124[deg]24.12' W. long.;
    (98) 40[deg]19.73' N. lat., 124[deg]23.59' W. long.;
    (99) 40[deg]18.64' N. lat., 124[deg]21.89' W. long.;
    (100) 40[deg]17.67' N. lat., 124[deg]23.07' W. long.;
    (101) 40[deg]15.58' N. lat., 124[deg]23.61' W. long.;
    (102) 40[deg]13.42' N. lat., 124[deg]22.94' W. long.; and
    (103) 40[deg]10.00' N. lat., 124[deg]16.65' W. long.
    (3) Between the U.S./Canada border and 40[deg]10' N. lat., the 
western, offshore boundary of the RCA approximates the 100-fm (183-m) 
depth contour. The boundary is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 48[deg]15.00' N. lat., 125[deg]41.00' W. long.;
    (2) 48[deg]14.00' N. lat., 125[deg]36.00' W. long.;
    (3) 48[deg]09.50' N. lat., 125[deg]40.50' W. long.;
    (4) 48[deg]08.00' N. lat., 125[deg]38.00' W. long.;
    (5) 48[deg]05.00' N. lat., 125[deg]37.25' W. long.;
    (6) 48[deg]02.60' N. lat., 125[deg]34.70' W. long.;
    (7) 47[deg]59.00' N. lat., 125[deg]34.00' W. long.;
    (8) 47[deg]57.26' N. lat., 125[deg]29.82' W. long.;
    (9) 47[deg]59.87' N. lat., 125[deg]25.81' W. long.;
    (10) 48[deg]01.80' N. lat., 125[deg]24.53' W. long.;
    (11) 48[deg]02.08' N. lat., 125[deg]22.98' W. long.;
    (12) 48[deg]02.97' N. lat., 125[deg]22.89' W. long.;
    (13) 48[deg]04.47' N. lat., 125[deg]21.75' W. long.;
    (14) 48[deg]06.11' N. lat., 125[deg]19.33' W. long.;
    (15) 48[deg]07.95' N. lat., 125[deg]18.55' W. long.;
    (16) 48[deg]09.00' N. lat., 125[deg]18.00' W. long.;
    (17) 48[deg]11.31' N. lat., 125[deg]17.55' W. long.;
    (18) 48[deg]14.60' N. lat., 125[deg]13.46' W. long.;
    (19) 48[deg]16.67' N. lat., 125[deg]14.34' W. long.;
    (20) 48[deg]18.73' N. lat., 125[deg]14.41' W. long.;
    (21) 48[deg]19.67' N. lat., 125[deg]13.70' W. long.;
    (22) 48[deg]19.70' N. lat., 125[deg]11.13' W. long.;
    (23) 48[deg]22.95' N. lat., 125[deg]10.79' W. long.;
    (24) 48[deg]21.61' N. lat., 125[deg]02.54' W. long.;
    (25) 48[deg]23.00' N. lat., 124[deg]49.34' W. long.;
    (26) 48[deg]17.00' N. lat., 124[deg]56.50' W. long.;
    (27) 48[deg]06.00' N. lat., 125[deg]00.00' W. long.;
    (28) 48[deg]04.62' N. lat., 125[deg]01.73' W. long.;
    (29) 48[deg]04.84' N. lat., 125[deg]04.03' W. long.;
    (30) 48[deg]06.41' N. lat., 125[deg]06.51' W. long.;
    (31) 48[deg]06.00' N. lat., 125[deg]08.00' W. long.;
    (32) 48[deg]07.08' N. lat., 125[deg]09.34' W. long.;
    (33) 48[deg]07.28' N. lat., 125[deg]11.14' W. long.;
    (34) 48[deg]03.45' N. lat., 125[deg]16.66' W. long.;
    (35) 47[deg]59.50' N. lat., 125[deg]18.88' W. long.;
    (36) 47[deg]58.68' N. lat., 125[deg]16.19' W. long.;
    (37) 47[deg]56.62' N. lat., 125[deg]13.50' W. long.;
    (38) 47[deg]53.71' N. lat., 125[deg]11.96' W. long.;
    (39) 47[deg]51.70' N. lat., 125[deg]09.38' W. long.;
    (40) 47[deg]49.95' N. lat., 125[deg]06.07' W. long.;
    (41) 47[deg]49.00' N. lat., 125[deg]03.00' W. long.;
    (42) 47[deg]46.95' N. lat., 125[deg]04.00' W. long.;

[[Page 20311]]

    (43) 47[deg]46.58' N. lat., 125[deg]03.15' W. long.;
    (44) 47[deg]44.07' N. lat., 125[deg]04.28' W. long.;
    (45) 47[deg]43.32' N. lat., 125[deg]04.41' W. long.;
    (46) 47[deg]40.95' N. lat., 125[deg]04.14' W. long.;
    (47) 47[deg]39.58' N. lat., 125[deg]04.97' W. long.;
    (48) 47[deg]36.23' N. lat., 125[deg]02.77' W. long.;
    (49) 47[deg]34.28' N. lat., 124[deg]58.66' W. long.;
    (50) 47[deg]32.17' N. lat., 124[deg]57.77' W. long.;
    (51) 47[deg]30.27' N. lat., 124[deg]56.16' W. long.;
    (52) 47[deg]30.60' N. lat., 124[deg]54.80' W. long.;
    (53) 47[deg]29.26' N. lat., 124[deg]52.21' W. long.;
    (54) 47[deg]28.21' N. lat., 124[deg]50.65' W. long.;
    (55) 47[deg]27.38' N. lat., 124[deg]49.34' W. long.;
    (56) 47[deg]25.61' N. lat., 124[deg]48.26' W. long.;
    (57) 47[deg]23.54' N. lat., 124[deg]46.42' W. long.;
    (58) 47[deg]20.64' N. lat., 124[deg]45.91' W. long.;
    (59) 47[deg]17.99' N. lat., 124[deg]45.59' W. long.;
    (60) 47[deg]18.20' N. lat., 124[deg]49.12' W. long.;
    (61) 47[deg]15.01' N. lat., 124[deg]51.09' W. long.;
    (62) 47[deg]12.61' N. lat., 124[deg]54.89' W. long.;
    (63) 47[deg]08.22' N. lat., 124[deg]56.53' W. long.;
    (64) 47[deg]08.50' N. lat., 124[deg]57.74' W. long.;
    (65) 47[deg]01.92' N. lat., 124[deg]54.95' W. long.;
    (66) 47[deg]01.14' N. lat., 124[deg]59.35' W. long.;
    (67) 46[deg]58.48' N. lat., 124[deg]57.81' W. long.;
    (68) 46[deg]56.79' N. lat., 124[deg]56.03' W. long.;
    (69) 46[deg]58.01' N. lat., 124[deg]55.09' W. long.;
    (70) 46[deg]55.07' N. lat., 124[deg]54.14' W. long.;
    (71) 46[deg]59.60' N. lat., 124[deg]49.79' W. long.;
    (72) 46[deg]58.72' N. lat., 124[deg]48.78' W. long.;
    (73) 46[deg]54.45' N. lat., 124[deg]48.36' W. long.;
    (74) 46[deg]53.99' N. lat., 124[deg]49.95' W. long.;
    (75) 46[deg]54.38' N. lat., 124[deg]52.73' W. long.;
    (76) 46[deg]52.38' N. lat., 124[deg]52.02' W. long.;
    (77) 46[deg]48.93' N. lat., 124[deg]49.17' W. long.;
    (78) 46[deg]41.50' N. lat., 124[deg]43.00' W. long.;
    (79) 46[deg]34.50' N. lat., 124[deg]28.50' W. long.;
    (80) 46[deg]29.00' N. lat., 124[deg]30.00' W. long.;
    (81) 46[deg]20.00' N. lat., 124[deg]36.50' W. long.;
    (82) 46[deg]18.00' N. lat., 124[deg]38.00' W. long.;
    (83) 46[deg]17.52' N. lat., 124[deg]35.35' W. long.;
    (84) 46[deg]17.00' N. lat., 124[deg]22.50' W. long.;
    (85) 46[deg]16.00' N. lat., 124[deg]20.62' W. long.;
    (86) 46[deg]13.52' N. lat., 124[deg]25.49' W. long.;
    (87) 46[deg]12.17' N. lat., 124[deg]30.75' W. long.;
    (88) 46[deg]10.63' N. lat., 124[deg]37.95' W. long.;
    (89) 46[deg]09.29' N. lat., 124[deg]39.01' W. long.;
    (90) 46[deg]02.40' N. lat., 124[deg]40.37' W. long.;
    (91) 45[deg]56.45' N. lat., 124[deg]38.00' W. long.;
    (92) 45[deg]51.92' N. lat., 124[deg]38.49' W. long.;
    (93) 45[deg]47.19' N. lat., 124[deg]35.58' W. long.;
    (94) 45[deg]46.41' N. lat., 124[deg]32.36' W. long.;
    (95) 45[deg]46.00' N. lat., 124[deg]32.10' W. long.;
    (96) 45[deg]41.75' N. lat., 124[deg]28.12' W. long.;
    (97) 45[deg]36.96' N. lat., 124[deg]24.48' W. long.;
    (98) 45[deg]31.84' N. lat., 124[deg]22.04' W. long.;
    (99) 45[deg]27.10' N. lat., 124[deg]21.74' W. long.;
    (100) 45[deg]20.25' N. lat., 124[deg]18.54' W. long.;
    (101) 45[deg]18.14' N. lat., 124[deg]17.59' W. long.;
    (102) 45[deg]11.08' N. lat., 124[deg]16.97' W. long.;
    (103) 45[deg]04.38' N. lat., 124[deg]18.36' W. long.;
    (104) 45[deg]03.83' N. lat., 124[deg]18.60' W. long.;
    (105) 44[deg]58.05' N. lat., 124[deg]21.58' W. long.;
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    (113) 44[deg]17.99' N. lat., 124[deg]51.03' W. long.;
    (114) 44[deg]13.68' N. lat., 124[deg]56.38' W. long.;
    (115) 44[deg]08.30' N. lat., 124[deg]55.99' W. long.;
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    (119) 43[deg]30.93' N. lat., 124[deg]34.43' W. long.;
    (120) 43[deg]20.83' N. lat., 124[deg]39.39' W. long.;
    (121) 43[deg]17.45' N. lat., 124[deg]41.16' W. long.;
    (122) 43[deg]07.04' N. lat., 124[deg]41.25' W. long.;
    (123) 43[deg]03.45' N. lat., 124[deg]44.36' W. long.;
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    (125) 42[deg]55.70' N. lat., 124[deg]52.79' W. long.;
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    (133) 42[deg]30.09' N. lat., 124[deg]42.67' W. long.;
    (134) 42[deg]28.28' N. lat., 124[deg]47.08' W. long.;
    (135) 42[deg]25.22' N. lat., 124[deg]43.51' W. long.;
    (136) 42[deg]19.23' N. lat., 124[deg]37.92' W. long.;
    (137) 42[deg]16.29' N. lat., 124[deg]36.11' W. long.;
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    (139) 42[deg]05.66' N. lat., 124[deg]34.92' W. long.;
    (140) 42[deg]00.00' N. lat., 124[deg]35.27' W. long.;
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[[Page 20312]]

    (148) 40[deg]37.35' N. lat., 124[deg]29.05' W. long.;
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    (152) 40[deg]30.00' N. lat., 124[deg]38.13' W. long.;
    (153) 40[deg]24.82' N. lat., 124[deg]35.12' W. long.;
    (154) 40[deg]23.30' N. lat., 124[deg]31.60' W. long.;
    (155) 40[deg]23.52' N. lat., 124[deg]28.78' W. long.;
    (156) 40[deg]22.43' N. lat., 124[deg]25.00' W. long.;
    (157) 40[deg]21.72' N. lat., 124[deg]24.94' W. long.;
    (158) 40[deg]21.87' N. lat., 124[deg]27.96' W. long.;
    (159) 40[deg]21.40' N. lat., 124[deg]28.74' W. long.;
    (160) 40[deg]19.68' N. lat., 124[deg]28.49' W. long.;
    (161) 40[deg]17.73' N. lat., 124[deg]25.43' W. long.;
    (162) 40[deg]18.37' N. lat., 124[deg]23.35' W. long.;
    (163) 40[deg]15.75' N. lat., 124[deg]26.05' W. long.;
    (164) 40[deg]16.75' N. lat., 124[deg]33.71' W. long.;
    (165) 40[deg]16.29' N. lat., 124[deg]34.36' W. long.; and
    (166) 40[deg]10.00' N. lat., 124[deg]21.12' W. long.;
* * * * *

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866 (E.O. 12866). In addition, the 
groundfish inseason action is taken under the authority of 50 CFR 
660.370(c) and is exempt from review under E.O. 12866.
    The groundfish inseason action is authorized by the Pacific Coast 
groundfish FMP and its implementing regulations, and is based on the 
most recent data available. The aggregate data upon which this action 
is based are available for public inspection at the Office of the 
Administrator, Northwest Region, NMFS, (see ADDRESSES) during business 
hours.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on the changes to the 
groundfish regulations, as notice and comment is impracticable and 
unnecessary. Notice and comment is impracticable because changes to 
Washington and Oregon's recreational groundfish fishery management 
measures to prohibit the landing or retention of groundfish, except 
sablefish when halibut are onboard the vessel, must be implemented in a 
timely manner to be effective when the sport halibut season starts on 
May 1, 2005, in areas off Washington and Oregon. Notice and comment is 
unnecessary because public notice and comment on this same provision in 
the halibut regulations was provided via the proposed rule for the 
Pacific halibut fisheries, which was published on February 7, 2005 (70 
FR 6395). [NOTE: The proposed rule published later than expected 
because, as explained in the preamble, there was confusion over the 
Pacific Council's recommendation to prohibit the retention of all 
groundfish, except sablefish when allowed by groundfish regulation, in 
the Columbia River fishery during all days and in the Central Coast 
fisheries during ``all-depth'' days. NMFS was required to coordinate 
with the states and Council staff in an attempt to clarify the 
Council's recommendations. NMFS decided to explain the issue in the 
proposed rule and ask the Council to clarify their recommendation at 
their March meeting.] This notice implements the same provision in both 
the halibut and groundfish regulations.
    The AA finds good cause to waive the requirement to provide a 30-
day delay in effectiveness (5 U.S.C. 553(d)). This rule must be made 
effective for the first opening of the 2005 Pacific halibut fishing 
season on April 14, 2005. The annual halibut quotas and many management 
measures are determined by an international commission, the IPHC. 
Therefore, the AA cannot publish a final rule until after the IPHC has 
adopted the annual quotas and management measures for the year. The 
IPHC adopted annual quotas and management measures for 2005 on January 
21, 2005. NMFS published a proposed rule for 2005 on February 7, 2005, 
and provided a comment period that ran until March 16, 2005, so that 
the Pacific Council could provide a clarification on one of its 
recommendations. In addition, after the IPHC meeting, the states hold 
public meetings with their constituents on which they base their 
recommendations to NMFS. Therefore, there was not sufficient time in 
which to draft and publish the final rule in the Federal Register and 
to allow for a 30-day delay in effectiveness before the scheduled April 
14, 2005, start of the fishing season.
    Delaying the opening of the fishing season would cause the Federal 
regulations implemented for 2004 to remain in place until they are 
replaced by these regulations. Therefore, if there were a 30-day delay 
in effectiveness for these regulations, the fishery would operate under 
last year's regulations for the first few weeks of the fishery. The 
start dates for most of the recreational fisheries off Washington and 
Oregon are slightly different in 2005 than they were in 2004. For 
example, in Puget Sound, the fishery started on May 6 in 2004, but is 
scheduled to start on April 14 in 2005. A delay in effectiveness of 
this rule would delay the season by a few weeks, which could cause 
economic harm to charter operators and lost harvest opportunity to 
recreational anglers due to a shorter season than projected necessary 
to attain the quota for this subarea. Because the number of days set 
for the season is based on how many days it would take to catch the 
available quota, a shortened season may not only keep anglers and 
charter operators from achieving the quota, but it would cause lost 
revenues from charter trips already booked for the beginning of the 
season. In addition, recreational fisheries start dates primarily 
differ from year to year because the Plan has a long history of 
managing the different subareas so that fisheries occur on particular 
days of the week. Thus, a Sunday through Thursday fishery will always 
occur Sundays through Thursdays, but will have different calendar dates 
from year to year. Although NMFS was able to provide a public comment 
period following the proposed rule (February 7, 2005 (70 FR 6395)), the 
agency did not have time to publish a final rule and allow a 30-day 
delay in effectiveness period prior to April 14. The states of 
Washington and Oregon have adopted recreational halibut regulations 
that match these regulations. A delay in effectiveness of 30 days would 
cause the state and Federal regulations to be in conflict, would cause 
confusion in the recreational fishing industry, and would result in 
fishing seasons that differ from the seasons carefully crafted by the 
states, the industry, and the Pacific Council. This delay could harm 
commercial and recreational fishermen by lost opportunity to harvest 
their available 2005 quota. For the charter industry, previously 
planned fishing trips would have to be cancelled, resulting in lost 
revenue, if the season were delayed. In addition, conflicting state and 
Federal regulations would make enforcement of regulations difficult and 
create public confusion. For the reasons described above, pursuant to 5 
U.S.C. 553(d)(3), there is good cause to waive the requirement to 
provide a 30-day delay in effectiveness of this rule so that this final 
rule may

[[Page 20313]]

become effective in time for the first recreational halibut fishing 
season on April 14, 2005.
    The recreational groundfish fishery regulatory changes off 
Washington and Oregon to prohibit the landing or retention of 
groundfish, except sablefish when halibut are onboard the vessel will 
be effective May 1, 2005.
    NMFS prepared a final regulatory flexibility analysis (FRFA). The 
FRFA incorporates the IRFA, a summary of the significant issues raised 
by the public comments in response to the IRFA, and NMFS responses to 
those comments, and a summary of the analyses completed to support the 
action. A copy of this analysis is available from the NMFS (see 
ADDRESSES) and a summary of the FRFA follows:
    This rule is needed to implement the Plan and annual domestic 
management measures in Area 2A. The main objective for the Pacific 
halibut fishery in Area 2A is to manage fisheries to remain within the 
TAC for Area 2A, while also allowing each commercial, recreational and 
tribal fishery to target halibut in the manner most appropriate for the 
user's needs within that fishery. This rule is intended to enhance the 
conservation of Pacific halibut, to protect yelloweye and other 
overfished groundfish species from incidental catch in the halibut 
fisheries, and to provide greater angler opportunity where available.
    The agency received three letters of comment on the proposed rule, 
but none of the comments received addressed the IRFA.
    In determining the potential universe of entities subject to this 
rule, NMFS considered those entities to which this rule applies. 
Although many small and large nonprofit enterprises track fisheries 
management issues on the West Coast, the changes to the Plan and annual 
management measures will not directly affect those enterprises. 
Similarly, although many fishing communities are small governmental 
jurisdictions, no direct regulations for those governmental 
jurisdictions will result from this rule. However, charterboat 
operations and participants in the non-treaty directed commercial 
fishery off the coast of Washington and Oregon are small businesses 
that are directly regulated by this rule.
    Approximately 700 vessels were issued IPHC licenses to retain 
halibut in 2004. IPHC issues licenses for: the directed commercial 
fishery in Area 2A, including licenses issued to retain halibut caught 
incidentally in the primary sablefish fishery (215 licenses in 2004); 
incidental halibut caught in the salmon troll fishery (344 licenses in 
2004); and the charterboat fleet (138 licenses in 2004). No vessel may 
participate in more than one of these three fisheries per year. 
Individual recreational anglers and private boats are the only sectors 
that are not required to have an IPHC license to retain halibut.
    Vessels participating in the directed commercial halibut fishery 
and incidental halibut caught in the salmon troll fishery are 
considered small entities if their annual receipts do not exceed $3.5 
million. All of the vessels that participate in the Pacific halibut 
fisheries in Area 2A are considered small businesses under Small 
Business Administration guidance.
    Specific data on the economics of halibut charter operations are 
unavailable. However, the Pacific States Marine Fisheries Commission 
(Commission) is completing a report on the overall West Coast 
charterboat fleet. In surveying charterboat vessels concerning their 
operations in 2000, the Commission estimated that there were about 315 
charterboat vessels in operation off Washington and Oregon. Compared 
with the 138 IPHC licenses in 2004, this estimate suggests that 
approximately 44 percent of the charterboat fleet participates in the 
halibut fishery. The Commission has developed preliminary estimates of 
the annual revenues earned by this fleet and they vary by size class of 
the vessels and home state. Small charterboat vessels range from 15 to 
30 feet and typically carry 5 to 6 passengers. Medium charterboat 
vessels range from 31 to 49 feet in length and typically carry 19 to 20 
passengers. (Neither state has large vessels of greater than 49 feet in 
their fleet.) Average annual revenues from all types of recreational 
fishing, whalewatching and other activities ranged from $7,000 for 
small Oregon vessels to $131,000 for medium Washington vessels. These 
data confirm that charterboat vessels qualify as small entities under 
the Regulatory Flexibility Act.
    This rule does not impose any new reporting or recordkeeping 
requirements.
    For each of the 2005 revisions, NMFS is implementing a Plan or 
regulatory revision intended to either improve flexibility for anglers 
or ensure consistency between Federal groundfish and halibut 
regulations. NMFS does not expect any significant economic impacts for 
small entities from this proposed rule. The NEPA analysis for this 
action reviewed alternatives including no action, adopting a closed 
area on Stonewall Bank, prohibiting groundfish retention in the 
Columbia River and Oregon's Central coast areas, and removing the 
minimum length requirement. The preferred alternatives, which are part 
of the actions taken in this final rule, were to adopt both a closed 
area on Stonewall Bank and prohibit groundfish retention in the 
Columbia River and Oregon's Central coast areas as well as removing the 
minimum length requirement. There were no 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.
    The changes to the Plan and domestic management do not affect the 
process of evaluating quota-attainment. The changes to the Plan and 
domestic management measures increase flexibility in management and 
opportunity to harvest available quota. There are no large entities 
involved in the halibut fisheries, therefore, none of these changes to 
the Plan and domestic management measures will have a disproportionate 
negative effect on small entities versus large entities. None of these 
changes to the Plan and domestic management measures will significantly 
reduce profitability for small entities. In fact, increasing 
opportunity to harvest available sport halibut quota may increase 
profitability for some small entities.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
halibut management in Area 2A, NMFS maintains a toll-free telephone 
hotline where members of the public may call in to receive current 
information on seasons and requirements to participate in the halibut 
fisheries in Area 2A. This hotline also serves as small entity 
compliance guide. Copies of this final rule are available from the NMFS 
Northwest Regional Office upon request (See ADDRESSES). To hear the 
small entity compliance guide associated with this final rule, call the 
NMFS hotline at 800-662-9825.
    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

[[Page 20314]]

Fishery Conservation and Management Act establishes 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 12 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 300.64). 
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 
changes tothe Plan, have been developed in consultation with the 
affected tribe(s) and, insofar as possible, with tribal consensus. This 
final rule was developed after meaningful consultation with the tribal 
representative on the Council who has agreed with the provisions that 
apply to tribal vessels.
    This final rule does not contain policies with federalism 
implications under Executive Order 13132.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: April 12, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  660.384, paragraphs (c)(1) and (c)(2)(iii) are revised to 
read as follows:


Sec.  660.384  Recreational fishery management measures.

* * * * *
    (c) * * *
    (1) Washington. For each person engaged in recreational fishing in 
the EEZ seaward of Washington, the groundfish bag limit is 15 
groundfish per day, including rockfish and lingcod, and is open year-
round (except for lingcod). In the Pacific halibut fisheries, retention 
of groundfish is governed in part by annual management measures for 
Pacific halibut fisheries, which are published in the Federal Register. 
South of Leadbetter Point, WA to the Washington/Oregon border, when 
Pacific halibut are onboard the vessel, landing groundfish, except 
sablefish, is prohibited. The following sublimits and closed areas 
apply: * * *
* * * * *
    (2) * * *
    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are two 
lingcod per day, which may be no smaller than 24 in (61 cm) total 
length; and 8 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, lingcod, striped 
bass, hybrid bass, offshore pelagic species and baitfish (herring, 
smelt, anchovies and sardines), but which includes rockfish, greenling, 
cabezon and other groundfish species. The minimum size limit for 
cabezon retained in the recreational fishery is 16 in (41 cm) and for 
greenling is 10 in (26 cm). Taking and retaining canary rockfish and 
yelloweye rockfish is prohibited. In the Pacific halibut fisheries, 
retention of groundfish is governed in part by the Pacific halibut 
regulations. South of the Washington/Oregon border to Cape Falcon, OR, 
when Pacific halibut are onboard the vessel, landing groundfish, except 
sablefish, is prohibited. South of Cape Falcon, OR, to Humbug Mountain, 
OR, when Pacific halibut are onboard the vessel, retention of 
groundfish, except sablefish, is prohibited during the Central Coast 
sport halibut ``all-depth'' season days. ``All-depth'' season days are 
established in the annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register and are 
announced on the NMFS halibut hotline, 1-800-662-9825.
[FR Doc. 05-7721 Filed 4-14-05; 3:08 pm]
BILLING CODE 3510-22-S