[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Proposed Rules]
[Pages 2032-2039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-494]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0812311655-81657-01]
RIN 0648-AX44


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION:  Proposed rule.

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SUMMARY:  NMFS proposes to approve and implement changes to the Pacific 
Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut 
Commission's (IPHC or Commission) regulatory Area 2A off Washington, 
Oregon, and California (Area 2A). NMFS proposes to implement the 
portions of the Plan and management measures that are not implemented 
through the IPHC, which includes tribal regulations and the sport 
fishery allocations and management measures for Area 2A. These actions 
are intended to enhance the conservation of Pacific halibut, to provide 
greater angler opportunity where available, and to protect yelloweye 
rockfish and other overfished groundfish species from being 
incidentally caught 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 February 1, 2009.

ADDRESSES:  Copies of the Plan and Regulatory Impact Review (RIR)/
Initial Regulatory Flexibility Analysis (IRFA) 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 2009, and of the draft RIR/IRFA are also 
available at the NMFS Northwest Region website: http://www.nwr.noaa.gov, click on ``Groundfish & Halibut.''
    You may submit comments, identified by RIN 0648-AX44, by any one of 
the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Fax: 206-526-6736, Attn: Sarah Williams.
     Mail: D. Robert Lohn, Administrator, Northwest Region,

[[Page 2033]]

NMFS, Attn: Sarah Williams, 7600 Sand Point Way NE, Seattle, WA 98115-
0070.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments, enter N/A in the required 
fields if you wish to remain anonymous. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, telephone (206)526-
4646.

SUPPLEMENTARY INFORMATION: The Northern Pacific Halibut Act (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 (Halibut 
Convention). It requires the Secretary to adopt regulations as may be 
necessary to carry out the purposes and objectives of the Halibut 
Convention and the Halibut Act. Section 773c 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 Area 2A.
    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-tribal fisheries in Area 
2A.
    The allocation to non-tribal fisheries is divided into three 
shares, with the Washington sport fishery (north of the Columbia River) 
receiving 36.6 percent, the Oregon/California sport fishery receiving 
31.7 percent, and the commercial fishery receiving 31.7 percent. The 
commercial fishery is further divided into a directed commercial 
fishery that is allocated 85 percent of the commercial allocation and 
an incidental catch in the salmon troll fishery that is allocated 15 
percent of the commercial allocation. The directed commercial fishery 
in Area 2A is confined to southern Washington (south of 46[deg]53.30' 
N. lat.), Oregon, and California. North of 46[deg]53.30' 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 six geographic subareas, each with separate allocations, 
seasons, and bag limits.
    The Area 2A TAC will be set by the IPHC at its annual meeting on 
January 13-16, 2009, in Vancouver, BC. Preliminary estimates of the 
Area 2A TAC are lower than the 2008 TAC. NMFS requests public comments 
on the Pacific Council's recommended modifications to the Plan and the 
proposed domestic fishing regulations by February 6, 2009. This allows 
the public the opportunity to consider the final Area 2A TAC before 
submitting comments on the proposed rule. 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 final 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 
fisheries concurrent with its publication of the IPHC regulations for 
the 2009 Pacific halibut fisheries.

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 the 
tribes with treaty fishing rights for halibut consider whether changes 
to the Plan are needed or desired by their fishery participants. 
Fishery managers from the states hold public meetings before both the 
September and November Pacific Council meetings to get public input on 
revisions to the Plan. At the September 2008 Pacific Council meeting, 
NMFS, WDFW and ODFW recommended several changes to the Plan, and the 
tribes announced that they had no proposals for revising the Plan in 
2009. Following the meeting, the states again reviewed their proposals 
with the public and drafted their recommended revisions for review and 
recommendation by the Pacific Council.
    At its November 3-7, 2008, meeting in San Diego, CA, the Pacific 
Council considered the results of state-sponsored workshops on the 
proposed changes to the Plan, NMFS-proposed changes to the Plan, and 
public comments, and made final recommendations for modifications to 
the Plan and implementing regulations as follows:
    1. Remove the provision that divides the Washington North Coast 
subarea quota between May and June;
    2. Change the Washington North Coast subarea to a 2-day per week 
fishery, Thursday and Saturday, from a 3-day per week fishery;
    3. Change the June re-opening date in the Washington North Coast 
subarea to the first Thursday in June, from the status-quo of the first 
Tuesday and Thursday after June 16;
    4. Clarify that the nearshore set-aside in the Washington South 
Coast subarea is 10 percent of the subquota, or 2,000 pounds, whichever 
is less, rather than a straight 10 percent of the subquota;
    5. Set the Washington South Coast subarea to open the first Sunday 
in May and continue to be open on Sundays and Tuesdays in May, except 
that beginning the third week in May the fishery would be open on 
Sunday only until the quota for the primary season is reached. Under 
status-quo the fishery was open 2 days a week until the quota was 
achieved;
    6. Set the nearshore fishery in the Washington South Coast subarea 
as a 3-day per week fishery, open Thursday, Friday, and Saturday, in 
addition to days on which the primary fishery is open, during the 
primary season. After the primary season, the nearshore fishery is open 
Thursday through Sunday. Under status-quo the nearshore fishery was 
open only after the primary fishery was closed, leaving a large amount 
of unfished quota, in 2008 only 158 pounds out of the 4460 pound quota 
was caught;
    7. Specify that in addition to the South Coast Yelloweye Rockfish 
Conservation Area (YRCA), recreational fishing for groundfish and 
halibut will be prohibited in the newly created Westport Offshore YRCA;
    8. Change the Columbia River subarea spring fishery to a 3-day per 
week fishery, open Thursday, Friday and Saturday, until 70 percent of 
the subarea allocation is taken or until the third Sunday in July, 
whichever is earlier. Under status-quo this was a 7-day per week 
fishery;
    9. Specify that in the Oregon Central Coast subarea Pacific cod may 
be

[[Page 2034]]

retained with a halibut on the vessel during the all-depth openings. 
Under status-quo Pacific cod retention was not allowed. The change is 
intended to make retention consistent in the areas north and south of 
Cape Falcon and Pacific cod are rarely encountered south of Cape 
Falcon;
    10. Add the Nooksack tribe to the definition of ``Treaty Indian 
tribes'' in the Federal regulations;
    11. Add the Nooksack tribal fishing area boundaries to the Federal 
regulations.

Proposed Changes to the Plan

    NMFS is proposing to approve the Pacific Council recommendations 
and to implement the above-described changes by making the following 
changes to the current Plan, which can be found at http://www.nwr.noaa.gov/Groundfish-Halibut/Pacific-Halibut/Index.cfm :
    In section (f) of the Plan, Sport Fisheries, revise section 
(1)(ii), Washington north coast subarea, to read as follows:
    This sport fishery subarea is allocated 62.2 percent of the first 
130,845 lb (59.4 mt) allocated to the Washington sport fishery, and 32 
percent of the Washington sport allocation between 130,845 lb (59.4 mt) 
and 224,110 lb (101.7 mt) except as provided in section (e)(3) of this 
Plan. This subarea is defined as all U.S. waters west of the mouth of 
the Sekiu River, as defined above in paragraph (f)(1)(i), and north of 
the Queets River (47[deg]31.70' N. lat.). The management objective for 
this subarea is to provide a quality recreational fishing opportunity 
during May and June. The fishery will open on the first Thursday 
between May 9 and 15, and continue 2 days per week (Thursday, and 
Saturday) in May as scheduled pre-season, unless there is a quota 
management closure. If there is no quota management closure in May, the 
fishery will reopen on the first Thursday of June as an all depth 
fishery on Thursdays and Saturdays as long as sufficient quota remains. 
This schedule allows adequate public notice of any inseason action 
before each Thursday opening. If there is not sufficient quota for an 
all-depth day, the fishery would reopen in the nearshore areas 
described below:
    A. WDFW Marine Catch Area 4B, which is all waters west of the Sekiu 
River mouth, as defined by 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., to the Bonilla-Tatoosh line, as defined by a line connecting 
the light on Tatoosh Island, WA, with the light on Bonilla Point on 
Vancouver Island, British Columbia (at 48[deg]35.73' N. lat., 
124[deg]43.00' W. long.) south of the International Boundary between 
the U.S. and Canada (at 48[deg] 29.62' N. lat., 124[deg] 43.55' W. 
long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    B. Shoreward of the recreational halibut 30-fm boundary line, a 
modified line approximating the 30 fm depth contour from the Bonilla-
Tatoosh line south to the Queets River. Coordinates for the closed area 
will be specifically defined annually in Federal halibut regulations 
published in the Federal Register.
    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 the nearshore areas 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 in all fisheries is one halibut 
per person with no size limit.
    Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). The North Coast Recreational YRCA is a C-shaped area off 
the northern Washington coast and is defined by straight lines 
connecting latitude and longitude coordinates. Coordinates for the 
North Coast Recreational YRCA are specified in groundfish regulations 
at 50 CFR 660.390 and will be specifically defined annually in federal 
halibut regulations published in the Federal Register.
    In section (f) of the Plan, Sport Fisheries, revise section (iii), 
Washington south coast subarea, to read as follows: This sport fishery 
is allocated 12.3 percent of the first 130,845 lb (59.4 mt) allocated 
to the Washington sport fishery, and 32 percent of the Washington sport 
allocation between 130,845 lb (59.4 mt) and 224,110 lb (101.7 mt) 
(except as provided in section (e) (3) of this Plan). This subarea is 
defined as waters south of the Queets River (47[deg]31.70' N. lat.) and 
north of Leadbetter Point (46[deg]38.17' N. lat.). The structuring 
objective for this subarea is to maximize the season length, while 
maintaining a quality fishing experience. The south coast subarea quota 
will be allocated as follows: 10% or 2,000 pounds, whichever is less, 
will be set aside for the nearshore fishery with the remaining amount 
allocated to the primary fishery. The fishery will open on the first 
Sunday in May. The primary fishery will be open two days per week, 
Sunday and Tuesday, in all areas, except where prohibited. Starting the 
third week in May, the primary fishery will be open on Sundays only 
until the quota for the primary fishery season is reached or September 
30, whichever is earlier. If there is insufficient quota remaining to 
reopen the primary fishery for another fishing day, the remaining 
primary fishery quota will be added to the nearshore quota. The 
nearshore fishery takes place, in the area from 47[deg]25.00' N. lat. 
south to 46[deg]58.00' N. lat. and east of 124[deg]30.00' W. long. 
During the primary season the nearshore fishery will be open three days 
per week, Thursday, Friday and Saturday, in addition to any days on 
which the primary fishery is open. Subsequent to the closure of the 
primary fishery, the nearshore fishery will continue on Thursdays, 
Fridays, Saturdays and Sundays until the remaining quota is projected 
to be taken. If the fishery is closed prior to September 30, and there 
is insufficient quota remaining to reopen the nearshore areas 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.
    Recreational fishing for groundfish and halibut is prohibited 
within two YRCAs off Washington's southern coast. The South Coast 
Recreational YRCA and the Westport Offshore YRCA are defined by 
straight lines connecting latitude and longitude coordinates. 
Coordinates for these Recreational YRCAs are specified in groundfish 
regulations at 50 CFR 660.390 and will be specifically defined annually 
in Federal halibut regulations published in the Federal Register.
    In section (f) of the Plan, Sport Fisheries, revise the fourth 
sentence of section (iv), Columbia River subarea, to read as follows: 
The fishery will open on the first Thursday in May or May 1 if it is a 
Friday or Saturday, 3 days per week, Thursday through Saturday until 70 
percent of the subarea allocation is taken or until the third Sunday in 
July, whichever is earlier.
    In section (f) of the Plan, Sport Fisheries, revise the last 
sentence in the first paragraph in section (v), Oregon central coast, 
to read as follows: During days open to all-depth halibut fishing, no 
groundfish may be taken and retained, possessed or landed, except 
sablefish and Pacific cod when allowed by groundfish regulations, if 
halibut are on board the vessel.

Proposed 2008 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are

[[Page 2035]]

necessary to implement the Plan in 2009. The 2009 TAC for Area 2A will 
be determined by the IPHC at its annual meeting on January 13-16, 2009, 
in Vancouver, BC. Because the final 2009 TAC has not yet been 
determined, these proposed sport fishery management measures use the 
IPHC staff's preliminary 2009 Area 2A TAC recommendation of 860,000 lb 
(390 mt), which is lower than the 2008 TAC of 1,220,000 lb (553 mt). 
Where season dates are not indicated, those dates will be provided in 
the final rule, following determination of the 2009 TAC and 
consultation with the states and the public. In Section 8 of the annual 
domestic management measures, ``Fishing Periods'', paragraph (2) is 
proposed to read as follows:
    (1) * * *
    (2) Each fishing period in the Area 2A directed fishery shall begin 
at 0800 hours and terminate at 1800 hours local time on (insert season 
dates) unless the Commission specifies otherwise.
    In section 26 of the annual domestic management measures, ``Sport 
Fishing for Halibut,'' paragraph 1(a)-(b) will be updated with 2009 
total allowable catch limits in the final rule. In section 26 of the 
annual domestic management measures, ``Sport Fishing for Halibut'' 
paragraph (8) is proposed to read as follows:
    (8) * * *
    (a) The area 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., is not managed in-season relative to its quota. This area is 
managed by setting a season that is projected to result in a catch of 
54,384 lb (24.6 mt).
    (i) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is (insert season dates), and the 
fishing season in western Puget Sound (west of 123[deg]49.50' W. long., 
Low Point) is (insert season dates), 5 days a week (Thursday through 
Monday).
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (b) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (2)(a) of 
section 26 and north of the Queets River (47[deg]31.70' N. lat.), is 
104,985 lb (92.8 mt).
    (i) The fishing seasons are:
    (A) Commencing on May 14 and continuing 2 days a week (Thursday, 
and Saturday) until 104,985 lb (92.8 mt) are estimated to have been 
taken and the season is closed by the Commission or until May 24.
    (B) If sufficient quota remains the fishery will reopen on June 4 
in the entire north coast subarea, continuing 2 days per week (Thursday 
and Saturday) until there is not sufficient quota for another full day 
of fishing and the area is closed by the Commission. When there is 
insufficient quota remaining to reopen the entire north coast subarea 
for another day, then the nearshore areas described below will reopen 
for 2 days per week (Thursday and Saturday), until the overall quota of 
104,985 lb (92.8 mt) is estimated to have been taken and the area is 
closed by the Commission, or until September 30, whichever is earlier. 
After May 24, any fishery opening will be announced on the NMFS hotline 
at 800-662-9825. No halibut fishing will be allowed after May 24 unless 
the date is announced on the NMFS hotline. The nearshore areas for 
Washington's North Coast fishery are defined as follows:
    (1) WDFW Marine Catch Area 4B, which is all waters west of the 
Sekiu River mouth, as defined by 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., to the Bonilla-Tatoosh line, as defined by a 
line connecting the light on Tatoosh Island, WA, with the light on 
Bonilla Point on Vancouver Island, British Columbia (at 48[deg]35.73' 
N. lat., 124[deg]43.00' W. long.) south of the International Boundary 
between the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]43.55' 
W. long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (2) Shoreward of the recreational halibut 30-fm boundary line, a 
modified line approximating the 30-fm depth contour from the Bonilla-
Tatoosh line south to the Queets River. The recreational halibut 30-fm 
boundary line is defined by the following coordinates in the order 
listed:
    (1) 48[deg]24.79' N. lat., 124[deg]44.07' W. long.;
    (2) 48[deg]24.80' N. lat., 124[deg]44.74' W. long.;
    (3) 48[deg]23.94' N. lat., 124[deg]44.70' W. long.;
    (4) 48[deg]23.51' N. lat., 124[deg]45.01' W. long.;
    (5) 48[deg]22.59' N. lat., 124[deg]44.97' W. long.;
    (6) 48[deg]21.75' N. lat., 124[deg]45.26' W. long.;
    (7) 48[deg]21.23' N. lat., 124[deg]47.78' W. long.;
    (8) 48[deg]20.32' N. lat., 124[deg]49.53' W. long.;
    (9) 48[deg]16.72' N. lat., 124[deg]51.58' W. long.;
    (10) 48[deg]10.00' N. lat., 124[deg]52.58' W. long.;
    (11) 48[deg]05.63' N. lat., 124[deg]52.91' W. long.;
    (12) 47[deg]56.25' N. lat., 124[deg]52.57' W. long.;
    (13) 47[deg]40.28' N. lat., 124[deg]40.07' W. long.; and
    (14) 47[deg]1.70' N. lat., 124[deg]37.03' W. long.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing in the North 
Coast Recreational YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the North Coast Recreational 
YRCA with or without halibut on board. The North Coast Recreational 
YRCA is a C-shaped area off the northern Washington coast intended to 
protect yelloweye rockfish. The North Coast Recreational YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 48[deg]18.00' N. lat.; 125[deg]18.00' W. long.;
    (2) 48[deg]18.00' N. lat.; 124[deg]59.00' W. long.;
    (3) 48[deg]11.00' N. lat.; 124[deg]59.00' W. long.;
    (4) 48[deg]11.00' N. lat.; 125[deg]11.00' W. long.;
    (5) 48[deg]04.00' N. lat.; 125[deg]11.00' W. long.;
    (6) 48[deg]04.00' N. lat.; 124[deg]59.00' W. long.;
    (7) 48[deg]00.00' N. lat.; 124[deg]59.00' W. long.;
    (8) 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.
    (c) 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 39,694 lb (18 mt).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47[deg]25.00' N. lat. south to 46[deg]58.00' 
N. lat. and east of 124[deg]30.00' W. long. (the Washington South 
coast, northern nearshore area). The south coast subarea quota will be 
allocated as follows: 37,693 lb (17.1 mt), for the primary fishery, and 
2,000 lb(1.8 mt), for the nearshore fishery. The primary fishery 
commences on May 3 and continues 2 days a week (Sunday and Tuesday) 
until May 24. Beginning on May 24 the primary fishery will be open 1 
day per

[[Page 2036]]

week (Sunday) until the quota for the south coast subarea primary 
fishery is taken and the season is closed by the Commission, or until 
September 30, whichever is earlier. The fishing season in the nearshore 
area commences on May 3 and, and during the primary season, continues 3 
days a week (Thursday, Friday and Saturday) in addition to the days 
open in the primary fishery. Subsequent to closure of the primary 
fishery the nearshore fishery is open on Thursdays, Fridays, Saturdays 
and Sundays, until 39,694 lb (18 mt)is projected to be taken by the two 
fisheries combined and the fishery is closed by the Commission or 
September 30, whichever is earlier. If the fishery is closed prior to 
September 30, and there is insufficient quota remaining to reopen the 
northern nearshore area for another fishing day, then any remaining 
quota may be transferred in-season to another Washington coastal 
subarea by NMFS via an update to the recreational halibut hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
intended to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined by straight lines connecting the following specific 
latitude and longitude coordinates in the order listed:
    (1) 46[deg]58.00' N. lat., 124[deg]48.00' W. long.;
    (2) 46[deg]55.00' N. lat., 124[deg]48.00' W. long.;
    (3) 46[deg]55.00' N. lat., 124[deg]49.00' W. long.;
    (4) 46[deg]58.00' N. lat., 124[deg]49.00' W. long.;
    and connecting back to 46[deg]58.00' N. lat., 124[deg]48.00' W. 
long.
    The Westport Offshore YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 46[deg]54.30' N. lat., 124[deg]53.40' W. long.;
    (2) 46[deg]54.30' N. lat., 124[deg]51.00' W. long.;
    (3) 46[deg]53.30' N. lat., 124[deg]51.00' W. long.;
    (4) 46[deg]53.30' N. lat., 124[deg]53.40' W. long.;
    and connecting back to 46[deg]54.30' N. lat., 124[deg]53.40' W. 
long.
    (d) 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 14,427 lb (6.5 mt).
    (i) The fishing season commences on May 1, and continues 3 days a 
week (Thursday, Friday and Saturday) until 10,099 lb(4.6 mt) are 
estimated to have been taken and the season is closed by the Commission 
or until July 19, whichever is earlier. The fishery will reopen on 
August 7 and continue 3 days a week (Friday through Sunday) until 4,328 
lb (1.96 mt) have been taken and the season is closed by the 
Commission, or until September 30, whichever is earlier. 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 in-season to another Washington and/or Oregon subarea by 
NMFS via an update to the recreational halibut hotline. Any remaining 
quota would be transferred to each state in proportion to its 
contribution.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Pacific Coast groundfish may not be taken and retained, 
possessed or landed, except sablefish and Pacific cod when allowed by 
Pacific Coast groundfish regulations, when halibut are on board the 
vessel.
    (e) 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 163,027 lb (73.94 mt).
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences May 1 
and continues 7 days a week through October 31, in the area shoreward 
of a boundary line approximating the 40-fm (73-m) depth contour, or 
until the sub-quota for the central Oregon ``inside 40-fm'' fishery 
(13,042 lb 5.9 mt)) or any in-season 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-fm (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.;

[[Page 2037]]

    (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.;
    (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.; and
    (59) 42[deg]40.50' N. lat., 124[deg]31.98' W. long.;
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open on (insert dates beginning with May 1). The 
projected catch for this season is 112,488 lb (51 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: (insert dates no later than 
July 31). If NMFS decides in-season 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.
    (C) If sufficient unharvested catch remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be open 
on (insert dates beginning with August 1) or until the combined spring 
season and summer season quotas in the area between Cape Falcon and 
Humbug Mountain, OR, totaling 37,496 lb (17 mt), are estimated to have 
been taken and the area is closed by the Commission, or October 31, 
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 9 and August 
23. If after August 9, greater than or equal to 60,000 lb (27.2 mt) 
remains in the combined all-depth and inside 40-fm (73-m) quota, the 
fishery may re-open every Friday through Sunday, beginning August 14-
16, and ending October 31. If after September 6, greater than or equal 
to 30,000 lb (13.6 mt) remains in the combined all-depth and inside 40-
fm (73-m) quota, and the fishery is not already open every Friday 
through Sunday, the fishery may re-open every Friday through Sunday, 
beginning September 11-13, and ending October 31. After September 6, 
the bag limit may be increased to 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, what days 
the fishery will be open and what the bag limit is.
    (ii) 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.
    (iii) During days open to all-depth halibut fishing, no Pacific 
Coast groundfish may be taken and retained, possessed or landed, except 
sablefish and Pacific cod, when allowed by Pacific Coast groundfish 
regulations, if halibut are on board the vessel.
    (iv) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only shoreward of a boundary line approximating 
the 40-fm (73-m) depth contour, halibut possession and retention by 
vessels operating seaward of a boundary line approximating the 40-fm 
(73-m) depth contour is prohibited.
    (v) Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land halibut taken with 
recreational gear within the Stonewall Bank YRCA. A vessel fishing in 
the Stonewall Bank YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the Stonewall Bank YRCA with 
or without halibut on board. The Stonewall Bank YRCA is an area off 
central Oregon, near Stonewall Bank, intended to protect yelloweye 
rockfish. The Stonewall Bank YRCA is defined by straight lines 
connecting the following specific latitude and longitude 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.;
    and connecting back to 44[deg]37.46 N. lat.; 124[deg]24.92 W. long.
    (f) The area south of Humbug Mountain, Oregon (42[deg]40.50' N. 
lat.) and off the California coast is not managed in-season relative to 
its quota. This area is managed on a season that is projected to result 
in a catch of 5,316 lb (2.4 mt).
    (i) The fishing season will commence on May 1 and continue 7 days a 
week until October 31.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

Classification

    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    NMFS has prepared an RIR/IRFA on the proposed changes to the Plan 
and annual domestic Area 2A halibut management measures. Copies of 
these documents 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 
ADDRESSES). A summary of the IRFA follows:
    A fish-harvesting business is considered a ``small'' business by 
the Small Business Administration (SBA) if it has annual receipts not 
in excess of $4.0 million. For related fish-processing businesses, a 
small business is one that employs 500 or fewer persons. For wholesale 
businesses, a small business is one that employs not more than 100 
people. For marinas and charter/party boats, a small business is one 
with annual receipts not in excess of $6.5

[[Page 2038]]

million. All of the businesses that would be affected by this action 
are considered small businesses under Small Business Administration 
guidance.
    The proposed changes to the Plan, which allocates the catch of 
Pacific halibut among users in Washington, Oregon and California, 
would: (1)Remove the provision that divides the Washington North Coast 
subarea quota between May and June; (2)Change the Washington North 
Coast subarea to a 2-day per week fishery, Thursday and Saturday, from 
a 3-day per week fishery; (3)Change the June re-opening date in the 
Washington North Coast subarea to the first Thursday in June, from the 
status-quo of the first Tuesday and Thursday after June 16;(4)Clarify 
that the nearshore set-aside in the Washington South Coast subarea is 
10 percent of the subquota, or 2,000 pounds, whichever is less, rather 
than a straight 10 percent of the subquota; (5)Set the Washington South 
Coast subarea to open the first Sunday in May and continue to be open 
on Sundays and Tuesdays in May, except that beginning on the third week 
in May the fishery would be open on Sunday only until the quota for the 
primary season is reached. Under status-quo the fishery was open 2 days 
a week until the quota was achieved;(6)Set the nearshore fishery in the 
Washington South Coast subarea as a 3-day per week fishery, open 
Thursday, Friday, and Saturday, during and after the primary season. 
Under status-quo the nearshore fishery was open only after the primary 
fishery was closed, leaving a large amount of unfished quota, in 2008 
only 158 pounds out of the 4460 pound quota was caught; (7)Specify that 
in addition to the South Coast Yelloweye Rockfish Conservation Area 
(YRCA), recreational fishing for groundfish and halibut will be 
prohibited in the newly created Westport Offshore YRCA; (8) Change the 
Columbia River subarea spring fishery to a 3-day per week fishery, open 
Thursday, Friday and Saturday, until 70 percent of the subarea 
allocation is taken or until the third Sunday in July, whichever is 
earlier. Under status-quo this was a 7-day per week fishery; (9) 
Specify that in the Oregon Central Coast subarea Pacific cod may be 
retained with a halibut on the vessel during the all-depth openings. 
Under status-quo Pacific cod retention was not allowed. The change is 
intended to make retention consistent in the areas north and south of 
Cape Falcon and Pacific cod are rarely encountered south of Cape 
Falcon; (10) Add the Nooksack tribe to the definition of ``Treaty 
Indian tribes'' in the federal regulations; (11)Add the Nooksack tribal 
fishing area boundaries to the federal regulations. NMFS also proposes 
to implement the portions of the Plan and management measures that are 
not implemented through the IPHC, which includes the sport fishery 
management measures for Area 2A. These actions are intended to enhance 
the conservation of Pacific halibut, to provide greater angler 
opportunity where available, and to protect yelloweye rockfish and 
other overfished groundfish species from incidental catch in the 
halibut fisheries.
    As mentioned in the preamble, WDFW held state meetings and crafted 
alternatives to adjust management of the sport halibut fisheries in 
their state. These alternatives were then narrowed by the state and 
brought to the Council at the Council's September and November 2008 
meetings. Generally, by the time the alternatives reach the Council, 
and because they have been through the state public review process, 
they are narrowed down into the proposed action and status quo. The 
Council and the States considered the full range of alternatives that 
could have similarly improved angler enjoyment of an participation in 
the fisheries while simultaneously protecting halibut and co-occurring 
groundfish species from overharvest.
    In 2008, 570 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: the directed commercial fishery in Area 2A, 
including licenses issued to retain halibut caught incidentally in the 
primary sablefish fishery (296 licenses in 2008); incidental halibut 
caught in the salmon troll fishery (135 licenses in 2008); and the 
charterboat fleet (139 licenses in 2008). 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.
    Specific data on the economics of halibut charter operations is 
unavailable. However, in January 2004, the Pacific States Marine 
Fisheries Commission (PSMFC) completed a report on the overall West 
Coast charterboat fleet. In surveying charterboat vessels concerning 
their operations in 2000, the PSMFC estimated that there were about 315 
charterboat vessels in operation off Washington and Oregon. In 2000, 
IPHC licensed 130 vessels to fish in the halibut sport charter fishery. 
Comparing the total charterboat fleet to the 130 and 142 IPHC licenses 
in 2000 and 2007, respectively, approximately 41 to 45 percent of the 
charterboat fleet could participate in the halibut fishery. The PSMFC 
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 ft (4.572 to 9.144 m), 
and typically carry 5 to 6 passengers. Medium charterboat vessels range 
from 31 to 49 ft (9.44 to 14.93 m) in length and typically carry 19 to 
20 passengers. (Neither state has large vessels of greater than 49 ft 
(14.93 m) 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. Estimates from the RIR show the recreational halibut fishery 
generated approximately $2.5 million in personal income to West Coast 
communities, while the non-tribal commercial halibut fishery generated 
approximately $2.2 million in income impacts. Because these estimated 
impacts for the entire halibut fishery overall are less than the SBA 
criteria for individual businesses, these data confirm that charterboat 
and commercial halibut vessels qualify as small entities under the 
Regulatory Flexibility Act (RFA).
    These changes are authorized under the Pacific Halibut Act, 
implementing regulations at 50 CFR 300.60 through 300.65, and the 
Pacific Council process of annually evaluating the utility and 
effectiveness of Area 2A Pacific halibut management under the Plan. 
Given the TAC, the proposed sport management measures implement the 
Plan by managing the recreational fishery to meet the differing fishery 
needs of the various areas along the coast according to the Plan's 
objectives. The measures will be very similar to last year's management 
measures. The changes to the Plan and domestic management measures are 
minor changes and are intended to help prolong the halibut season, 
provide increased recreational harvest opportunities, or clarify sport 
fishery management for fishermen and managers. 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.
    These changes do not include any reporting or recordkeeping 
requirements. These changes will also not duplicate, overlap or 
conflict with other laws or regulations. Consequently, these changes to 
the Plan and annual domestic Area 2A halibut management measures are 
not expected to meet any of the RFA tests of having a

[[Page 2039]]

``significant'' economic impact on a ``substantial number'' of small 
entities. Nonetheless, NMFS has prepared an IRFA. Through this proposed 
rule, NMFS is requesting comments on these conclusions.
    Pursuant to Executive Order 13175, the Secretary 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 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 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 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 
the proposed changes to the Plan, have been developed in consultation 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus.

List of Subjects in 50 CFR Part 300

    Fishing, Fisheries, and Indian fisheries.

    Dated: January 7, 2009.
Samuel D. Rauch III,
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

    1. In Sec.  300.61, the definition of ``Treaty Indian tribes'' is 
proposed to read as follows:


Sec.  300.61  Definitions.

* * * * *
    Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower 
Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, 
Quinault, Skokomish, Suquamish, Swinomish, Tulalip, and Nooksack 
tribes.
    2. In Sec.  300.64, the following entry is added to the table in 
alphabetical order to read as follows:


Sec.  300.64  Fishing by U.S. treaty Indian tribes.

* * * * *

------------------------------------------------------------------------
                  Tribe                              Boundaries
------------------------------------------------------------------------
                                * * * * *
 
Nooksack                                   Those locations in the Strait
                                               of Juan de Fuca and Puget
                                            Sound as determined in or in
                                                   accordance with Final
                                           Decision No. 1 and subsequent
                                              orders in United States v.
                                            Washington, 384 F. Supp. 312
                                                  (W.D. Wash. 1974), and
                                            particularly at 459 F. Supp.
                                             1049, to be places at which
                                             the Nooksack Tribe may fish
                                                 under rights secured by
                                                treaties with the United
                                                                 States.
                                * * * * *
 
------------------------------------------------------------------------

[FR Doc. E9-494 Filed 1-13-09; 8:45 am]
BILLING CODE 3510-22-S