[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Proposed Rules]
[Pages 5473-5479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2362]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 120106033-2031-01]
RIN 0648-BB68


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. These measures include the sport fishery allocations 
and management measures for Area 2A. These actions are intended to 
enhance the conservation of Pacific halibut, provide greater angler 
opportunity where available, and protect 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 21, 2012.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0292, 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at http://www.regulations.gov
     Fax: (206) 526-6736, Attn: Sarah Williams
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Sarah Williams.
    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. National Marine Fisheries 
Service (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. Information relevant to 
this proposed rule, which includes a regulatory impact review (RIR), 
and an initial regulatory flexibility analysis (IRFA) are available for 
public review during business hours at the National Marine Fisheries 
Service Northwest Regional Office, 7600 Sand Point Way NE., Seattle, WA 
98115.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: (206) 526-4646, 
fax: (206) 526-6736, or email: [email protected]

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at http://www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available at the 
NMFS Northwest Region Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/index.cfm and at the Council's 
Web site at http://www.pcouncil.org.

Background

    The Northern Pacific Halibut Act (Halibut Act) of 1982, 16 U.S.C. 
773-773K, gives the Secretary of Commerce (Secretary) general 
responsibility for implementing the provisions of the Halibut 
Convention between the United States and Canada (Halibut Convention) 
(16 U.S.C. 773c). It requires the

[[Page 5474]]

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 also authorizes the regional fishery 
management councils to develop regulations in addition to, but not in 
conflict with, regulations of the IPHC to govern the Pacific halibut 
catch in their corresponding U.S. Convention waters. 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 Pacific halibut TAC to Washington 
treaty Indian tribes in Subarea 2A-1, and 65 percent of the Area 2A TAC 
to non-tribal fisheries.
    The TAC 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 of 
Pacific halibut TAC, 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 sablefish primary 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 24-27, 2012, in Anchorage, AK. Following the annual meeting the 
IPHC will publish the final TAC on their Web site and produces a news 
release. Through this proposed rule, NMFS requests public comments on 
the Pacific Council's recommended modifications to the Plan and the 
resulting proposed domestic fishing regulations by February 21, 2012. 
This schedule will allow 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 Areas 
2A, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E. This final rule will also 
contain the IPHC regulations for the 2012 Pacific halibut fisheries. A 
15-day public comment period is necessary to incorporate the final U.S. 
domestic regulations into the IPHC regulations in order to have the 
combined regulations in place as close to March 1 as possible. The 
regulations need to be in effect in early March because under the 2011 
regulations most commercial fishing seasons started on March 12, 
although this date may need to be changed by the 2012 regulations to be 
consistent with the IPHC's decisions at its annual meeting in January. 
This proposed rule cannot be published earlier because the preliminary 
TAC amounts were announced at the IPHCs interim meeting on November 30 
and December 1, 2011. The 2012 commercial season starting date(s) need 
to be published soon after the IPHC meeting in January 2012 to notify 
the public of that date so the industry can plan for the season.
    Combining the IPHC regulations with the domestic regulations for 
Washington, Oregon, and California in the final rule is in the best 
interest of the public because it results in publication of all the 
halibut regulations in one Federal Register notice. Section 
300.63(b)(1) of the current regulations provides that NMFS will publish 
the annual sport fishing regulations for Area 2A in the Federal 
Register, so this notification is where the fishermen get their 
information. This process reduces confusion for fishery participants 
because they only have to reference one document for all Pacific 
halibut regulations on the West Coast and in Alaska. Combining these 
regulations also eliminates errors that may occur from trying to 
separate the halibut regulations into two different rules. The 
separation could be confusing to the public because many of the IPHC 
regulations apply to all West Coast and Alaska Pacific halibut 
fisheries in the U.S. Therefore, if the regulations were split between 
two different rule making processes many U.S. fishermen would have to 
refer to two separate Federal Register documents for one fishery.

Incidental Halibut Retention in the Sablefish Primary Fishery North of 
Pt. Chehalis, Washington

    Preliminary estimates of the 2012 Area 2A TAC are higher than the 
2011 TAC. The preliminary IPHC TAC recommendation for area 2A is 
989,000 lb (448.6 mt), which results in a Washington sport allocation 
that is more than 214,110 lb (97.1 mt). According to the catch sharing 
plan, incidental halibut retention would be allowed in the primary 
directed sablefish fishery north of Point Chehalis, WA, in 2012 under 
the current preliminary IPHC TAC recommendation. While the preliminary 
TAC recommendation for area 2A may change following the IPHC annual 
meeting, it is not anticipated that the TAC will change enough to 
prohibit incidental halibut retention in the primary sablefish fishery. 
Landings restrictions will be recommended by the Council at one of its 
spring meetings and NMFS will publish the restrictions in the Federal 
Register.

Pacific Council Recommended Changes to the Plan and Domestic Fishing 
Regulations

    Each year, the Washington Department of Fish and Wildlife (WDFW), 
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 2011 Pacific Council meeting, WDFW and ODFW 
recommended changes to the Plan, while NMFS and the tribes did not 
recommend any changes to the Plan for the 2012 fishing season. 
Following the meeting, WDFW and ODFW again reviewed their proposals 
with the public and drafted their recommended revisions for review and 
recommendation by the Pacific Council.
    At its November 2-7, 2011, meeting in Costa Mesa, CA, the Pacific 
Council considered the results of state-sponsored workshops on the 
proposed changes to the Plan, and made its final recommendations for 
modifications to the Plan. The following are the Council's proposed 
changes to the Plan:
    1. Adjust the primary fishery schedule of the Washington South 
Coast subarea (section (f)(1)(ii)) to be open for the first 3 
consecutive weeks Sunday and Tuesday and closed the following week. 
Previously, the fishery was open the last

[[Page 5475]]

Sunday in the month. The goal of this change is to maintain the status 
quo opening date and to maintain the number of open days prior to the 
management closure at the end of the month.
    2. Adjust the subarea quota split for the Columbia River subarea 
(section (f)(1)(iv)) between the early and late fishery from 70 percent 
for the early fishery and 30 percent for the late fishery to 80 percent 
for the early fishery and 20 percent to the late fishery. The goal of 
this change is to allocate the subarea quota to match recent year 
effort in the area and to maximize access to the overall quota. Since 
2008, the late season fishery has harvested less than 20 percent of the 
subarea quota even though the allocation was 30 percent.
    3. Set the Oregon TAC contribution to the subarea quota for the 
Columbia River subarea (section (f)(1)(iv)) equal the Washington 
contribution. The goal of this change is to better align Oregon's 
contribution to the subarea with the recent catches in Oregon.
    4. Adjust the Oregon Central Coast subarea quota (section 
(f)(1)(v)) from 67 percent to 63 percent for the spring fishery and 
from 8 percent to 12 percent for the nearshore fishery and allow any 
remaining quota to be allocated from the spring fishery to either the 
summer fishery and/or the nearshore fishery. The goal of these changes 
is to provide as many fishing days as possible to the nearshore fishery 
and as many days as possible to the summer season when participation is 
at its highest. The summer fishery was open only two days in 2011.
    The Council-proposed change in the Oregon contribution to the 
Columbia River subarea would result in a small portion of the overall 
Oregon/California quota being undistributed. The overall Oregon/
California quota is separated into three components: (1) A contribution 
to the Columbia River (previously 5 percent or amount equal to the 
Washington contribution, whichever was greater); (2) a 92 percent 
allocation to the Oregon Central Coast subarea; and (3) a 3 percent 
allocation to the South of Humbug subarea. In past years the Oregon 
contribution was set at 5 percent because it was greater than the 
Washington contribution, meaning that all three allocations equaled 100 
percent. This year, the Oregon contribution is set equal to the 
Washington contribution, which is an amount less than 5 percent of the 
overall Oregon/California allocation. This change results in a 
remainder of 2 percent undistributed quota. Therefore the sum of the 
contribution to the Columbia River subarea and the allocations to the 
Oregon Central Coast and South of Humbug subareas does not equal the 
overall Oregon/California quota. To remedy this situation NMFS is not 
proposing to make any allocation changes, but is proposing to allocate 
the remainder of the overall Oregon/California quota left after the 
Columbia River contribution is removed according to the Oregon/
California subarea allocations specified in the Plan i.e., the 
remainder would be distributed 92 percent to the Central Coast subarea 
and 3 percent to the South of Humbug subarea.

Proposed Changes to the Plan

    NMFS is proposing to approve the Pacific Council recommendations 
and to implement the changes described above. A version of the Plan 
including these changes can be found at http://www.nwr.noaa.gov/Groundfish-Halibut/Pacific-Halibut/Index.cfm.

Proposed Corrections to Federal Regulations

    NMFS is proposing to make minor corrections the federal regulations 
at Sec.  300.63 to make the halibut regulations regarding the sablefish 
primary fishery consistent with the groundfish regulations which define 
the sablefish primary fishery. These changes are minor corrections and 
do not represent a shift in policy regarding the sablefish primary 
fishery or the halibut fishery.

Proposed 2012 Sport Fishery Management Measures

    NMFS also proposes sport fishery management measures that are 
necessary to implement the Plan in 2012. The annual domestic management 
measures are published each year through a final rule. For the 2011 
fishing season the final rule was published on March 16, 2011 (76 FR 
14300), and the following section numbers refer to sections within that 
final rule. The final 2012 TAC for Area 2A will be determined by the 
IPHC at its annual meeting on January 24-27, 2012, in Anchorage, AK. 
Because the final 2012 TAC has not yet been determined, these proposed 
sport fishery management measures use the IPHC staff's preliminary 2012 
Area 2A TAC recommendation of 989,000 lb (448.6 mt), which is higher 
than the 2011 TAC of 910,000 lb (412.7 mt). Where season dates are not 
indicated, those dates will be provided in the final rule, following 
determination of the 2012 TAC and consultation with the states and the 
public.
    In Section 8 of the annual domestic management measures, ``Fishing 
Periods,'' paragraph (2)-(3) is proposed to read as follows and 
paragraph (6) is added 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.
    (3) Notwithstanding paragraph (2), and paragraph (7) of section 11, 
an incidental catch fishery is authorized during salmon troll seasons 
in Area 2A in accordance with regulations promulgated by NMFS. This 
fishery will occur between 1200 hours local time on (insert date) and 
1200 hours local time on (insert season date).
    (4) * * *
    (5) * * *
    (6) Notwithstanding paragraph (7) of section 11, an incidental 
catch fishery is authorized during the sablefish primary fishery in 
Area 2A in accordance with regulations promulgated by NMFS.
    In section 26 of the annual domestic management measures, ``Sport 
Fishing for Halibut,'' paragraph 1(a)-(b) will be updated with 2012 
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 
57,393 lb (26 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 
108,030 lb (49 mt).
    (i) The fishing seasons are:
    (A) Commencing on May 10 and continuing 2 days a week (Thursday and 
Saturday) until 108,030 lb (49 mt) are estimated to have been taken and 
the season is closed by the Commission or until May 31.
    (B) If sufficient quota remains the fishery will reopen on June 7 
in the entire north coast subarea, continuing 2

[[Page 5476]]

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 108,030 lb (49 mt) is estimated 
to have been taken and the area is closed by the Commission, or until 
September 30, whichever is earlier. After May 31, any fishery opening 
will be announced on the NMFS hotline at (800) 662-9825. No halibut 
fishing will be allowed after May 31 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 30-fm depth contour is 
defined in groundfish regulations at 50 CFR 660.71(e).
    (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 in groundfish regulations at Sec.  660.70(a).
    (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 42,739 lb (19.3 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]31.70' N. lat. south to 46[deg]58.00' 
N. lat. and east of a boundary line approximating the 30 fm depth 
contour. This area is defined by straight lines connecting all of the 
following points in the order stated as described by the following 
coordinates (the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N.lat, 124[deg]37.03' W. long;
    (2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
    (3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
    (4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 40,739 
lb (18.4 mt) for the primary fishery and 2,000 lb (0.9 mt) for the 
nearshore fishery. The primary fishery commences on May 6 and continues 
2 days a week (Sunday and Tuesday) until May 22. If the primary quota 
is projected to be obtained sooner than expected the management closure 
may occur earlier. Beginning on June 3 the primary fishery will be open 
2 days per week (Sunday and/or Tuesday) 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 6 and continues seven 
days per week. Subsequent to closure of the primary fishery the 
nearshore fishery is open seven days per week, until 42,739 lb (19.3 
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) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be 
taken, retained and possessed when allowed by groundfish regulations at 
50 CFR 660.360, Subpart G.
    (iv) 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 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR Sec.  660.70(d). The Westport Offshore YRCA 
is defined at 50 CFR Sec.  660.70(e).
    (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 11,895 lb (5.3 mt).
    (i) The fishing season commences on May 3, and continues 3 days a 
week (Thursday, Friday and, Saturday) until 9,516 lb (4.3 mt) are 
estimated to have been taken and the season is closed by the Commission 
or until July 15, whichever is earlier. The fishery will reopen on 
August 3 and continue 3 days a week (Friday through Sunday) until 2,379 
lb (1.1 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 191,780 lb (86.9 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-

[[Page 5477]]

quota for the central Oregon ``inside 40-fm'' fishery (23,014 lb (10.4 
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 atSec.  
660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open from May 10, 2012 to (insert dates). The 
projected catch for this season is 120,821 lb (54.8 mt). If sufficient 
unharvested catch remains for additional fishing days, the season will 
re-open. Depending 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 
from August 3, 2012 to (insert dates) or until the combined spring 
season and summer season quotas in the area between Cape Falcon and 
Humbug Mountain, OR, totaling 168,766 lb (76.5 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 sufficient quota remains after the last day of the 
first scheduled open period (insert date following establishment of 
season dates.) If, after this date, an amount 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 and Saturday, 
beginning (insert dates of next possible open period as established 
preseason), and ending October 31. If after September 3, an amount 
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 and Saturday, the fishery may re-open every Friday 
and Saturday, beginning September 7 and 8, and ending October 31. After 
September 3, 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 possess 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 at Sec.  660.70(f).
    (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 6,056 lb (2.7 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

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council (Council), and the Secretary 
of Commerce. Section 5 of the Northern Pacific Halibut Act of 1982 
(Halibut Act, 16 U.S.C. 773c) provides the Secretary of Commerce with 
the general responsibility to carry out the Convention between Canada 
and the United States for the management of Pacific halibut, including 
the authority to adopt regulations as may be necessary to carry out the 
purposes and objectives of the Convention and Halibut Act. This 
proposed rule is consistent with the Secretary of Commerce's authority 
under the Halibut Act.
    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 the 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 million. All of the 
businesses that would be affected by this action are considered small 
businesses under Small Business Administration guidance.
    In 2011, 604 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: The directed commercial fishery in Area 2A 
(147 licenses in 2011); incidental halibut caught in the salmon troll 
fishery (316 licenses in 2011); and the charterboat fleet (141 licenses 
in 2011). 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.
    The IRFA analyzed the impacts of the changes to the Plan and 
regulations. For the 2012 fishing year the proposed changes to the 
Plan, which allocates the catch of Pacific halibut among users in 
Washington, Oregon and California, and the federal regulations, would:
    1. Adjust the primary fishery schedule for the Washington 
Southcoast subarea (section (f)(1)(iii)) to be open for the first 3 
consecutive weeks Sunday and Tuesday and closed the following week.

[[Page 5478]]

    2. Adjust the subarea quota split for the Columbia River subarea 
(section (f)(1)(iv)) between the early and late fishery from 70 percent 
for the early fishery and 30 percent for the late fishery to 80 percent 
for the early fishery and 20 percent to the late fishery, and adjust 
the Oregon contribution to the subarea quota to equal the Washington 
contribution.
    3. Adjust the Oregon Central Coast subarea quota (section 
(f)(1)(v)) from 67 percent to 63 percent for the spring fishery and 
from 8 percent to 12 percent for the nearshore fishery and allow 
remaining quota to be allocated from the spring fishery to either the 
summer fishery and/or the nearshore fishery.

Because there is no new analysis or information available, the RIR/IRFA 
relies on the analysis in the 2009 RIR, which used information from the 
Pacific Fishery Management Council's Draft Environmental Impact 
Statement (DEIS) (available at ADDRESSES) on the 2009-2010 Groundfish 
Biennial Harvest Specifications and Management Measures to make 
personal income impact projections of the TAC on coastal communities. 
Personal income is considered a key indicator of economic activity, and 
is used in economic analysis to evaluate distributional effects on 
local and regional economies associated with changes in regulations. 
Income impacts include the amount of employee salaries and benefits, 
business owner (proprietor) income, and property-related income (rents, 
dividends, interest, royalties, etc.) that result from commercial 
fishing and recreational expenditures. Using available analysis from 
the DEIS, the 2009 RIR estimated that the 2008 commercial, 
recreational, and tribal fisheries generated about $8.8 million in 
personal income for the coastal tribal and non-tribal communities. This 
2008 estimate was based on a TAC of 1,220,000 lbs. For 2012, the TAC is 
projected to be 989,000 lbs, or about 81 percent of the 2008 TAC. On a 
proportional basis, this decline would suggest that the income impacts 
for 2012 would be about $8.0 million in 2008 dollars. This projection 
assumes that prices are constant. However, this is not the case. 
According to the Pacific States Marine Fisheries Commission PacFIN data 
reports (Report 307), halibut prices have varied significantly by year: 
2008--$3.57/lb, 2009--$2.72/lb, and through November 2010--$4.01 per 
lb. At $4.01 per lb, the projected ex-vessel value of the 2012 
commercial tribal (346,150 lbs) and non-tribal (203,783 lbs) fishery is 
about $2.2 million. (Note that these ex-vessel price changes only 
affect the income estimates associated with commercial fishermen and 
tribal fishermen.)
    The proposed changes to the Plan and regulations do not include any 
reporting or recordkeeping requirements. These changes will not 
duplicate, overlap or conflict with other laws or regulations. 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 
``significant'' economic impact on a ``substantial number'' of small 
entities because the changes will not affect overall allocations. They 
are designed to provide the best fishing opportunities within the 
overall TAC. Nonetheless, NMFS has prepared an IRFA. Through this 
proposed rule, NMFS requests 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. Section 302(b)(5) of 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.
    For the 2011 annual management measures and implementation of the 
catch sharing plan NMFS NWR initiated consultation on the halibut 
fishery under Section 7 of the ESA because of the listing of yelloweye, 
canary, and bocaccio rockfish of the Puget Sound/Georgia Basin. Area 2A 
partially overlaps with the Distinct Population Segments (DPSs) for 
listed rockfish. NMFS completed a 7(a)(2)/7(d) determination memo under 
the Endangered Species Act (ESA) finding that bycatch in the 2011 
fishery was not likely to be a significant impact on listed species, 
that direct effects of the fishery (e.g. direct takes) were not likely 
to jeopardize the continued existence of any listed species, and that 
in no way did the 2011 fishery make an irreversible or irretrievable 
commitment of resources by the agency. At this time the consultation is 
not completed. Therefore for the 2012 fishery the determinations made 
under the ESA will be updated at the final rule stage.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, and Indian fisheries.

    Dated: January 30, 2012.
Alan D. Risenhoover,
Acting 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. The authority citation for part 300 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 
U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

    2. In Sec.  300.63, paragraphs(b)(3), (d)(1)(ii), (d)(3)-(d)(4), 
(d)(6), and (e)(2) are revised to read as follows:


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

* * * * *
    (b) * * *
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the sablefish primary fishery north of 
46[deg]53.30' N. lat, (Pt. Chehalis, Washington), which is regulated 
under 50 CFR 660.231. This fishing opportunity is only available in 
years in which the Area 2A TAC is greater than 900,000 lb (408.2 mt,) 
provided that a minimum of 10,000 lb (4.5 mt) is available above a 
Washington recreational TAC of 214,100 lb (97.1 mt). Each year that 
this harvest is available, the landing restrictions necessary to keep 
this fishery within its allocation will be recommended by the Pacific 
Fishery Management Council at its spring meetings, and will be 
published in the Federal Register. These restrictions will be designed 
to ensure the halibut harvest is incidental to the sablefish harvest 
and will be based on the amounts of halibut and sablefish available to 
this fishery, and other pertinent factors. The restrictions may include 
catch or landing ratios, landing limits, or other means to control the 
rate of halibut landings.
    (i) In years when this incidental harvest of halibut in the 
sablefish primary fishery north of 46[deg]53.30' N. lat.

[[Page 5479]]

is allowed, it is allowed only for vessels using longline gear that are 
registered to groundfish limited entry permits with sablefish 
endorsements and that possess the appropriate incidental halibut 
harvest license issued by the Commission.
    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 46[deg]53.30' N. lat. that were taken and retained as 
incidental catch authorized by this section in the sablefish primary 
fishery.
* * * * *
    (d) * * *
    (1) * * *
    (ii) The commercial directed fishery for halibut during the fishing 
period(s) established in section 8 of the annual domestic management 
measures and IPHC regulations and/or the incidental retention of 
halibut during the sablefish primary fishery described at 50 CFR 
660.231; or
* * * * *
    (3) No person shall fish for halibut in the directed commercial 
halibut fishery during the fishing periods established in section 8 of 
the annual domestic management measures and IPHC regulations and/or 
retain halibut incidentally taken in the sablefish primary 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 of the annual domestic management measures and 
IPHC regulations.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the 
sablefish primary 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.
* * * * *
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures and IPHC regulations taken on a vessel that, during the same 
calendar year, has been used in the directed commercial halibut fishery 
during the fishing periods established in Section 8 of the annual 
domestic management measures and IPHC regulations and/or retained 
halibut incidentally taken in the sablefish primary fishery for Area 2A 
or that is licensed to participate in these commercial fisheries during 
the fishing periods established in Section 8 of the annual domestic 
management measures and IPHC regulations in Area 2A.
* * * * *
    (e) * * *
* * * * *
    (2) Non-treaty commercial vessels operating in the incidental catch 
fishery during the sablefish primary fishery north of Pt. Chehalis, 
Washington, in Area 2A are required to fish outside of a closed area. 
Under Pacific Coast groundfish regulations at 50 CFR 660.230, fishing 
with limited entry fixed gear is prohibited within the North Coast 
Commercial Yelloweye Rockfish Conservation Area (YRCA). It is unlawful 
to take and retain, possess, or land halibut taken with limited entry 
fixed gear within the North Coast Commercial YRCA. The North Coast 
Commercial YRCA is an area off the northern Washington coast, 
overlapping the northern part of the North Coast Recreational YRCA, and 
is defined by straight lines connecting latitude and longitude 
coordinates. Coordinates for the North Coast Commercial YRCA are 
specified in groundfish regulations at 50 CFR 660.70(b).
* * * * *
[FR Doc. 2012-2362 Filed 2-2-12; 8:45 am]
BILLING CODE 3510-22-P