[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Proposed Rules]
[Pages 2782-2787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1483]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 960111003-6003-01; I.D. 121895B]
RIN 0648-AI48


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule and proposed catch sharing plan.

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SUMMARY: NMFS proposes to approve and implement revisions to the Catch 
Sharing Plan (Plan) for harvests of Pacific halibut off Washington, 
Oregon, and California under authority of the Northern Pacific Halibut 
Act of 1982 (Halibut Act). This action is necessary to revise the Plan 
to address the needs of fisheries in varying geographical areas. 
Proposed changes to the Plan would affect sport fisheries and the 
incidental catch of halibut in the salmon troll fishery. NMFS also 
proposes sport fishery regulations to implement the Plan in 1996. The 
proposed rule is intended to carry out the objectives of the 
International Pacific Halibut Commission (IPHC) and the Pacific Fishery 
Management Council (Council).


[[Page 2783]]

DATES: Comments on this proposed rule must be received on or before 
February 12, 1996.

ADDRESSES: Send comments to William Stelle, Jr., Director, Northwest 
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115.

FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6140.

SUPPLEMENTARY INFORMATION: The Halibut Act of 1982 at 16 U.S.C. 773c 
provides that the Secretary of Commerce (Secretary) shall have general 
responsibility to carry out the Halibut Convention between the United 
States and Canada, and that the Secretary shall adopt such regulations 
as may be necessary to carry out the purposes and objectives of the 
Convention and the Halibut Act. Section 773c(c) also authorizes the 
regional fishery management council having authority for the geographic 
area concerned to develop regulations governing the Pacific halibut 
catch in U.S. Convention waters that are in addition to, but not in 
conflict with, regulations of the IPHC. Accordingly, Catch Sharing 
Plans to allocate the total allowable catch (TAC) of Pacific halibut 
between treaty Indian and non-Indian harvesters, and among non-Indian 
commercial and sport fisheries in IPHC statistical Area 2A (off 
Washington, Oregon, and California) have been developed since 1988 by 
the Council in accordance with the Halibut Act. For 1995 and beyond, 
NMFS implemented a Council-recommended long-term Plan (60 FR 14651, 
14663-14665, March 20, 1995) that allocates 35 percent of the Area 2A 
TAC to Washington treaty Indian tribes in Subarea 2A-1, and 65 percent 
to non-Indian fisheries in Area 2A. The allocation to non-Indian 
fisheries is divided into three shares, with the Washington sport 
fishery (north of the Columbia River) receiving 36.6 percent, the 
Oregon/California sport fishery receiving 31.7 percent, and the 
commercial fishery receiving 31.7 percent. The commercial fishery is 
further divided into two sectors; a directed (traditional longline) 
commercial fishery that is allocated 85 percent of the non-Indian 
commercial harvest, and 15 percent for harvests of halibut caught 
incidental to the salmon troll fishery. The directed commercial fishery 
in Area 2A is confined to southern Washington (south of 46 deg.53'18'' 
N. lat.), Oregon and California. The Plan also divides the sport 
fisheries into seven geographic areas each with separate allocations, 
seasons, and bag limits.
    Following the first year of the new Plan, fishery participants 
recommended changes to the Plan to the Council at its July public 
meeting. Further, the Plan only provided sport fishery structuring for 
the area off Oregon for 1995, with the expectation that the Council 
would develop a long-term structuring in 1996 after 1-year's experience 
with the Plan. Specific proposals to change the Plan were considered by 
the Council at its August and October public meetings. The changes 
proposed in this rule reflect the recommendations of the Council for 
halibut fisheries off the coasts of Washington, Oregon, and California 
for 1996 and beyond. Proposed changes to the Plan affect certain sport 
fishery subareas and management of incidental halibut harvest in the 
salmon troll fishery as described below. The Council also made 
recommendations on the specific seasons, dates, and other management 
measures in the sport fisheries necessary to implement the Plan in 
1996.

Proposed Changes to the Plan

    For the sport fishery in the Washington Inside Waters Subarea 
(Puget Sound including Strait of Juan de Fuca), the Council wanted more 
flexibility and user input in the season structuring for this fishery. 
Sport users in this area have advised that they need to know what the 
quota will be before they can provide constructive input on which days 
of the week the fishery should be open. Because the final TAC is not 
known until after the IPHC annual meeting in late January, this 
prevents sport users from providing such input at the Council's fall 
public meeting when final recommendations are made on the halibut 
fisheries in Area 2A. To rectify this, the Council recommended that the 
Plan be changed to allow the season structuring for this fishery to be 
developed in a public workshop sponsored by Washington Department of 
Fish and Wildlife after the allowable catch is set by IPHC at the end 
of January. This change in the Plan would allow sport users in 
conjunction with state fishery managers to recommend the open days per 
week according to how many total days they believe will be available in 
a season and the desired season length structured to ensure that the 
subarea quota is not exceeded. NMFS is proposing to implement the 
Council-recommended change to the Plan as shown in the proposed 
regulations in Sec. 301.23(f)(1)(i).
    For the sport fishery in the Washington South Coast Subarea, the 
Council recommended changes to the Plan on the closure of this fishery 
that would allow for a longer time frame for the nearshore sport 
fisheries to retain incidentally caught halibut. The Council 
recommended that the general sport halibut season close when 1,000 lb 
(0.45 mt) are projected to remain in the subarea quota, so as to allow 
for incidental halibut catch in the nearshore sport fisheries. To 
provide for this, the Council recommended that immediately following 
the general season closure, the area from the Queets River south to 
47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long. would open 
and continue open for 7 days per week until either the subarea quota is 
achieved or until the season ending date, whichever occurs first. The 
area proposed for this second opening is not generally considered a 
halibut fishing area, although anglers do occasionally catch halibut in 
those waters. With a 1,000 lb (0.45 mt) allowance for the second 
opening, sport fishers would be able to retain halibut that is 
incidentally caught during fisheries for species other than halibut. 
NMFS is proposing to implement this Council-recommended change to the 
Plan as shown in the proposed regulations in Sec. 301.23(f)(1)(iii).
    For the sport fishery in the Oregon Central Coast and Southern 
Oregon Coast Subareas, the Council developed provisions for the Plan 
for the sport fisheries in these areas for 1996 and beyond. Currently, 
the Plan provides for sport structuring only for 1995. Fisheries 
participants from the Oregon coast requested that the Council consider 
a later opening date for the sport fishery off Oregon so as to avoid 
some of the foul weather associated with early opening dates. The 
proposed Plan is modified slightly from 1995 to remove the specific 
opening dates. The opening dates would be set annually, based on the 
TAC and the standards set in this paragraph. In addition, the Council 
provided specific sport fishery seasons, dates, and other management 
measures for 1996. The Council recommended a sport fishery off Oregon 
in waters south of Cape Falcon beginning on May 16, rather than on the 
May 4 opening date used in 1995. The May 16, 1996 opening date reflects 
a compromise between a wide range of proposed opening dates. For the 
Oregon central coast subarea only, the Council recommended that the 
allocation in the Plan for the first season be set at 68 percent 
(slightly reduced from 71.5 percent in 1995) of the Central coast 
allowable catch, and the second season be set at 7 percent (an increase 
over the 3.5 percent in 1995). Private boat anglers particularly wish 
to avoid fishing in turbulent spring weather and requested that a 
greater quantity of the Oregon sport fishery catch be reserved 

[[Page 2784]]
for later fishery openings. These provisions are intended to reserve 
more of the allowable harvest for the second and third season openings. 
NMFS is proposing to implement the Council recommended modifications to 
the Plan as shown in the proposed regulations in Sec. 301.23(f)(1)(v) 
and (vi).
    The Council also recommended several refinements to the Plan on the 
management of the incidental halibut harvest by salmon trollers. The 
Council recommended that the Plan be revised such that halibut landing 
restrictions for the commercial salmon troll fishery would be developed 
by the Council at its spring public meeting and would be based on the 
expected number of incidental harvest permits, halibut allocation, and 
other pertinent information, and may include landing ratios for any 
salmon species, landing limits (e.g., maximum number of halibut per 
landing), or other means to control the rate of halibut harvest. This 
change was requested by users because in 1995, the May/June salmon 
troll fishery harvested less than 13 percent of the incidental halibut 
allocation, in part because managers were unable to make an inseason 
ratio adjustment. The Council recommended that the Plan allow NMFS to 
make inseason changes to the landing restrictions after consulting with 
pertinent troll representatives of the Council's Salmon Advisory 
Subpanel and the Halibut Managers Group. Such inseason adjustments in 
landing restrictions should ensure that the incidental harvest rate is 
appropriate for salmon and halibut availability, does not encourage 
targeting halibut, and does not increase the likelihood of exceeding 
the allocation. Should the commercial salmon troll fishery fail to 
fully use its incidental halibut harvest allocation, any remaining 
halibut quota not harvested in the May/June troll fishery would be made 
available to the directed halibut fishery on July 1. The Council also 
recommended that if, by July 31, the overall non-Indian commercial 
halibut quota has not been completely harvested and sufficient 
incidental allocation remains from the May/June troll fishery, the 
incidental harvest of halibut will be allowed to resume on August 1 in 
any existing salmon troll fishery. The incidental harvest would 
continue until achievement of either the overall non-Indian commercial 
halibut quota or the incidental salmon troll halibut quota, whichever 
occurs first. NMFS is proposing to implement the Council's recommended 
changes to the Plan as shown in the proposed regulations in 
Sec. 301.23(e)(1). Notice and effectiveness of the inseason adjustments 
would be made by NMFS in accordance with Sec. 301.21(d)(3)(iii)and 
(iv).
    The Council also recommended that applications to the IPHC by 
salmon trollers requesting an incidental halibut harvest permit must be 
postmarked no later than March 31, or the first weekday in April, if 
March 31 falls on a weekend. This deadline date change from the 1995 
deadline of April 30 is proposed so that the Council will know how many 
incidental permits have been issued to salmon trollers prior to Council 
adoption of halibut landing restrictions within the salmon regulations. 
The Council will use the information on the number of applicants at its 
spring public meeting to determine appropriate landing restrictions for 
this fishery. The IPHC application deadline date for directed halibut 
fisheries will still be April 30. Because the IPHC is responsible for 
licensing vessels in the halibut fishery, this recommendation will be 
considered by the IPHC at its annual meeting for implementation in the 
international regulations in Sec. 301.3.

Proposed Sport Fishery Regulations

    In accordance with the Plan implementation procedures at 50 CFR 
301.23(g), this document also provides notice of the proposed sport 
fishery regulations in Sec. 301.21 that are necessary to implement the 
Plan in 1996. These proposed sport fishery regulations are based on an 
assumed Area 2A TAC of 520,000 lb (235.9 mt), the same as 1995. The 
final TAC will be determined by the IPHC at its annual meeting in 
January 1996, and necessary changes based on the final TAC and 
consideration of public comments will be made in the final rule. The 
proposed sport fishing regulations for 1996 by area are as follows.
    Washington Inside Waters Subarea (Puget Sound and Straits). In this 
subarea, the proposed changes to the Plan leave the seasonal dates 
unspecified. However, for the purpose of soliciting public comments, 
the proposed rule is structured the same as 1995; i.e., the fishing 
season will be held 5 days a week, commencing May 25 with Tuesdays and 
Wednesdays closed to fishing. Based on the 1995 catch rate of 802 lb 
(363.8 kg) per day, a total of 43 fishing days will result in 
achievement of the quota for this subarea so the fishery would close on 
July 22. In 1995, this fishery closed on July 29 (after 48 days of 
fishing), but the quota was exceeded so the 1996 proposed regulations 
would only allow a 43-day season. The final determination of the days 
of the week that the season will be open will be based on the allowable 
harvest level and recommendations developed in a public workshop 
sponsored by Washington Department of Fish and Wildlife after the 
allowable catch is set by the IPHC near the end of January.
    Washington North Coast Subarea (north of the Queets River). The 
proposed season for this subarea is similar to 1995 with a May 1 
opening and continuing 5 days per week until the quota is taken. Based 
on the assumed TAC for 1996 and the past performance of this fishery, 
the quota for this subarea would likely be reached by the end of May so 
a potential July reopening of the fishery as stated in the Plan in 
Sec. 301.23(f)(1)(ii) is not possible (similar to 1995).
    Washington South Coast Subarea. The proposed regulations in this 
subarea are similar to 1995 with a May 1 opening and continuing 7 days 
per week until the quota is taken. However, in accordance with the 
proposed changes to the Plan for this area, the fishery would close 
when 1,000 lb (0.45 mt) remain in the quota and reopen as a nearshore 
fishery until the remaining quota is taken.
    Columbia River Subarea. The proposed regulations in this subarea 
will be the same as 1995.
    Oregon Central Coast Subarea. The proposed regulations for this 
subarea reflect the proposed changes to the Plan and the Council 
recommendation for a three-season structure with the first season 
opening May 16 and continuing 3 days per week until 68 percent of the 
quota is taken, then switching to a nearshore water fishery until 7 
percent of the quota has been taken or August 1, whichever is earlier. 
The third, unrestricted depth season would open on August 2 and 
continue until the overall Oregon sport quota is taken.
    Oregon South Coast Subarea. The proposed regulations for this 
subarea reflect the proposed changes to the Plan and the Council's 
recommendation for a three-season structure with the first season 
opening May 16 and continuing 3 days per week until 80 percent of the 
quota is taken, then switching to a nearshore water fishery until the 
subarea quota taken or August 1, whichever is earlier. A third, 
unrestricted depth season would open on August 2 and continue until the 
overall Oregon sport quota is taken.
    California Subarea. The proposed regulations in this subarea will 
be the same as 1995.
    NMFS is requesting public comments on approval of the Council's 
recommended modifications to the Plan and to the sport fishing 
regulations at 

[[Page 2785]]
Sec. 301.21. The IPHC Area 2A TAC will be set at the IPHC meeting to be 
held from January 22 through 25, 1996. Comments on these proposed 
regulations are requested by February 12, 1996, to provide adequate 
time after the IPHC annual meeting, so that the public will have the 
opportunity to consider the final Area 2A TAC before submitting 
comments on these proposed regulations. The IPHC, consistent with its 
responsibilities under the international convention, will implement the 
quotas stipulated in the Plan based on its final determination of the 
Area 2A TAC to be made at its annual meeting.
    After the Area 2A TAC is known, and after NMFS reviews public 
comments, NMFS and the IPHC will implement final rules for the halibut 
fishery. The final method for determining the incidental halibut 
harvest allocation for commercial salmon trollers will be published 
with the annual salmon management measures.

Classification

    The proposed revisions to the Plan and regulations are not 
significant and fall within the scope of the 1995 Environmental 
Assessment/Regulatory Impact Review prepared by the Council, which also 
applies to this action. The Assistant General Counsel for Legislation 
and Regulation has certified to the Chief Counsel for Advocacy of the 
Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. As a result, regulatory flexibility analysis was not 
prepared.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

List of Subjects in 50 CFR Part 301

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: January 22, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 301 is 
proposed to be amended as follows:

PART 301--PACIFIC HALIBUT FISHERIES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

    2. In Sec. 301.3, paragraph (h) is revised to read as follows:


Sec. 301.3  Licensing vessels.

* * * * *
    (h) A vessel operating in the directed commercial fishery for 
halibut in Area 2A must have its ``Application for Vessel License for 
the Halibut Fishery'' form postmarked no later than April 30. A vessel 
operating in the commercial salmon troll fishery in Area 2A that seeks 
an incidental harvest permit for halibut must have its application to 
the Commission postmarked no later than March 31, or the first weekday 
in April, if March 31 falls on a weekend.
* * * * *
    3. In Sec. 301.7, paragraph (c) is revised to read as follows:


Sec. 301.7  Fishing periods.

* * * * *
    (c) Notwithstanding paragraph (b) of this section and 
Sec. 301.10(g), an incidental catch fishery is authorized during salmon 
troll seasons in Area 2A. Operators of vessels participating in the 
salmon troll fishery in Area 2A may retain halibut caught incidentally 
during authorized periods, in conformance with the annual salmon 
management measures announced in the Federal Register. Halibut landing 
restrictions for the salmon troll fishery will be based on the expected 
number of incidental harvest permits, halibut allocation and other 
pertinent information, and may include landing ratios, landing limits, 
or other means to control the rate of halibut harvest. Inseason changes 
to the halibut landing restrictions will be announced in accordance 
with Sec. 301.21(d)(3)(iii).
* * * * *
    4. In Sec. 301.21, paragraphs (d)(2)(i) through (d)(2)(vii) are 
revised to read as follows:


Sec. 301.21  Sport fishing for halibut.

* * * * *
    (d) * * *
    (2) * * *
    (i) In Puget Sound and the U.S. waters in the Strait of Juan de 
Fuca, east of a line from the lighthouse on Bonilla Point on Vancouver 
Island, British Columbia (48 deg.35'44'' N. lat., 124 deg.43'00'' W. 
long.) to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat., 
124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30'' 
N. lat., 124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N. 
lat., 124 deg.43'42'' W. long.), there is no quota. This area is 
managed by setting a season that is projected to result in a catch of 
34,653 lb (15.7 mt).
    (A) The fishing season is May 25 through July 22, 5 days a week 
(closed Tuesdays and Wednesdays).
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (ii) In the area off the north Washington coast, west of the line 
described in paragraph (d)(2)(i) of this section and north of the 
Queets River (47 deg.31'42'' N. lat.), the quota for landings into 
ports in this area is 71,410 lb (32.4 mt). Landings into Neah Bay of 
halibut caught in this area will count against this quota and are 
governed by the regulations in this paragraph (d)(2)(ii).
    (A) The fishing season commences on May 1, and continues 5 days a 
week (Tuesday through Saturday) until 71,410 lb (32.4 mt) are estimated 
to have been taken and the season is closed by the Commission.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A portion of this area about 19 nm (35 km) southwest of Cape 
Flattery is closed to sport fishing for halibut. The closed area is 
within a rectangle defined by these four corners: 48 deg.18'00'' N. 
lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat., 124 deg.59'00'' 
W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W. long.; and, 
48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.
    (iii) In the area between the Queets River, WA and Leadbetter 
Point, WA (46 deg.38'10'' N. lat.), the quota for landings into ports 
in this area is 15,222 lb (6.9 mt).
    (A) The fishing season commences on May 1 and continues every day 
until 1,000 lb (0.45 mt) are projected to remain in the subarea quota 
of 15,222 lb (6.9 mt). Immediately following the this closure, the area 
from the Queets River south to 47 deg.00'00'' N. lat. and east of 
124 deg.40'00'' W. long. will reopen for 7 days per week until either 
15,222 lb (6.9 mt) are estimated to have been taken and the season is 
closed by the Commission, or until September 30, whichever occurs 
first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) The northern offshore portion of this area west of 
124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. is closed 
to sport fishing for halibut.
    (iv) In the area between Leadbetter Point, WA and Cape Falcon, OR 
(45 deg.46'00'' N. lat.), the quota for landings into ports in this 
area is 4,617 lb (2.1 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 4,617 lb (2.1 mt) are estimated to have 
been taken and the area is closed by the Commission, whichever occurs 
first.
    (B) The daily bag limit is one halibut with a minimum overall size 
limit of 32 inches (81.3 cm).
    (v) In the area off Oregon between Cape Falcon and the Siuslaw 
River at the Florence north jetty (44 deg.01'08'' N. 

[[Page 2786]]
lat.), the quota for landings into ports in this area is 94,694 lb (43 
mt).
    (A) The fishing seasons are:
    (1) Commencing May 16, and continuing 3 days a week (Thursday 
through Saturday) until 64,392 lb (29.2 mt) are estimated to have been 
taken and the season is closed by the Commission;
    (2) Commencing the day following the closure of the season in 
paragraph (d)(2)(v)(A)(1) of this section, and continuing every day 
through August 1, in the area inside the 30-fathom (55 m) curve nearest 
to the coastline as plotted on National Ocean Service charts numbered 
18520, 18580, and 18600, or until 6,629 lb (3.0 mt) or the subarea 
quota is estimated to have been taken (except that any poundage 
remaining unharvested after the earlier season will be added to this 
season) and the season is closed by the Commission, whichever is 
earlier; and
    (3) Commencing August 2, and continuing 2 days a week (Friday and 
Saturday) through September 30, or until the combined quotas for the 
subareas described in paragraphs (d)(2)(v) and (vi) of this section 
totaling 102,193 lb (46.4 mt) are estimated to have been taken and the 
area is closed by the Commission, whichever is earlier.
    (B) The daily bag limit is two halibut, one with a minimum overall 
size limit of 32 inches (81.3 cm) and the second with a minimum overall 
size limit of 50 inches (127.0 cm).
    (vi) In the area off Oregon between the Siuslaw River at the 
Florence north jetty and the California border (42 deg.00'00'' N. 
lat.), the quota for landings into ports in this area is 7,499 lb (3.4 
mt).
    (A) The fishing seasons are:
    (1) Commencing May 16 and continuing 3 days a week (Thursday 
through Saturday) until 5,999 lb (2.7 mt) are estimated to have been 
taken and the season is closed by the Commission;
    (2) Commencing the day following the closure of the season in 
paragraph (d)(2)(vi)(A)(1) of this section, and continuing every day 
through August 1, in the area inside the 30-fathom (55 m) curve nearest 
to the coastline as plotted on National Ocean Service charts numbered 
18520, 18580, and 18600, or until a total of 1,500 lb (0.7 mt) or the 
area quota is estimated to have been taken (except that any poundage 
remaining unharvested after the earlier season will be added to this 
season) and the season is closed by the Commission, whichever is 
earlier; and
    (3) Commencing August 2 and continuing 2 days a week (Friday and 
Saturday) through September 30, or until the combined quotas for the 
subareas described in paragraphs (d)(2)(v) and (vi) of this section 
totaling 102,193 lb (46.4 mt) are estimated to have been taken and the 
area is closed by the Commission, whichever is earlier.
    (B) The daily bag limit is two halibut, one with a minimum overall 
size limit of 32 inches (81.3 cm) and the second with a minimum overall 
size limit of 50 inches (127.0 cm).
    (vii) In the area off the California coast, there is no quota. This 
area is managed on a season that is projected to result in a catch of 
less than 2,785 lb (1.3 mt).
    (A) The fishing season will commence on May 1, and continue every 
day through September 30.
    (B) The daily bag limit is one halibut with a minimum overall size 
limit of 32 inches (81.3 cm).
* * * * *
    5. In Sec. 301.23, paragraphs (e)(1), (e)(3) and (f)(1)(i), 
(f)(1)(iii),(f)(1)(v), and (f)(1)(vi) are revised to read as follows:


Sec. 301.23  Catch sharing plan for Area 2A.

* * * * *
    (e) * * *
    (1) Incidental halibut catch in the salmon troll fishery. Fifteen 
percent of the non-Indian commercial fishery allocation is allocated to 
the salmon troll fishery in Area 2A as an incidental catch during 
salmon fisheries. The quota for this incidental catch fishery is 3.1 
percent of the Area 2A TAC.
    (i) The Council will recommend landing restrictions at its spring 
public meeting each year to control the amount of halibut caught 
incidentally in the troll fishery. The landing restrictions will be 
based on the number of incidental harvest license applications 
submitted to the Commission, halibut catch rates, the amount of 
allocation, and other pertinent factors, and may include catch or 
landing ratios, landing limits, or other means to control the rate of 
halibut harvest. NMFS will publish the landing restrictions annually in 
the Federal Register, along with the salmon management measures.
    (ii) Inseason adjustments. (A) NMFS may make inseason adjustments 
to the landing restrictions, if requested by the Council Chairman, as 
necessary to assure that the incidental harvest rate is appropriate for 
salmon and halibut availability, does not encourage target fishing on 
halibut, and does not increase the likelihood of exceeding the quota 
for this fishery. In determining whether to make such inseason 
adjustments, NMFS will consult with the applicable state 
representative(s) on the Halibut Managers Group, a representative of 
the Council's Salmon Advisory Sub-Panel, and Council staff.
    (B) Notice and effectiveness of inseason adjustments will be made 
by NMFS in accordance with Sec. 301.21(d)(3)(iii) and (iv).
    (iii) If the quota for this fishery is not harvested during the 
May/June salmon troll fishery, the remaining quota will be made 
available by the Commission to the directed halibut fishery on July 1.
    (iv) If the quota for the non-Indian commercial fisheries specified 
at paragraph (e) of this section has not been harvested by July 31 and 
the quota for the salmon troll fishery was not harvested during the 
May/June fishery, landings of halibut caught incidentally during salmon 
troll fisheries will be allowed effective August 1 and will continue 
until the quota for the troll fishery is taken or the overall non-
Indian commercial quota is estimated to have been achieved by the 
Commission. Landing restrictions implemented for the May/June salmon 
troll fishery will apply to this reopening of the fishery.
    (v) A salmon troller may participate in this fishery or in the 
directed commercial fishery targeting halibut, but not in both.
* * * * *
    (3) Commercial license restrictions/declarations. Commercial 
fishers must choose either to operate in the directed commercial 
fishery in Area 2A, or to retain halibut caught incidentally during the 
salmon troll fishery. Commercial fishers operating in the directed 
halibut fishery must send their license application to the Commission 
postmarked no later than April 30 in order to obtain a license to fish 
for halibut in Area 2A. Commercial fishers operating in the salmon 
troll fishery who seek to retain incidentally caught halibut must send 
their application for a license to the Commission for the incidental 
catch of halibut in Area 2A postmarked no later than March 31, or the 
first weekday in April, if March 31 falls on a weekend. Fishing vessel 
operators who are issued licenses to fish commercially in Area 2A are 
prohibited from obtaining a Commission charterboat license for Area 2A. 
Sport fishing for halibut is prohibited from a vessel licensed to fish 
commercially for halibut in Area 2A.
    (f) * * *
    (1) * * *
    (i) Washington inside waters subarea. This sport fishery subarea is 
allocated 28.0 percent of the Washington sport allocation, which equals 
6.66 percent of the Area 2A TAC. This subarea is defined as all U.S. 
waters east of the Bonilla-Tatoosh line, defined as follows: 

[[Page 2787]]
From Bonilla Point (48 deg.35'44'' N. lat., 124 deg.43'00'' W. long.) 
to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat., 
124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30'' 
N. lat., 124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N. 
lat., 124 deg.43'42'' W. long.), including Puget Sound. The structuring 
objective for this subarea is to provide a stable sport fishing 
opportunity and maximize the season length. Due to inability to monitor 
the catch in this area inseason, a fixed season will be established 
preseason based on projected catch per day and number of days to 
achievement of the quota. No inseason adjustments will be made, and 
estimates of actual catch will be made postseason. The fishery will 
open in May and continue at least through July 4, or until a date 
established preseason (and published in the sport fishery regulations) 
when the quota is predicted to be taken, or until September 30, 
whichever is earlier. The Washington Department of Fish and Wildlife 
will sponsor a public workshop shortly after the IPHC annual meeting to 
develop recommendations to NMFS on the opening date and weekly 
structure of the fishery each year. The daily bag limit is one fish per 
person, with no size limit.
* * * * *
    (iii) Washington south coast subarea. This sport fishery subarea is 
allocated 12.3 percent of the Washington sport allocation, which equals 
2.93 percent of the Area 2A TAC. This subarea is defined as waters 
south of the Queets River (47 deg.31'42'' N. lat.) and north of 
Leadbetter Point (46 deg.38'10'' N. lat.). The structuring objective 
for this subarea is to maximize the season length, while providing for 
a limited halibut fishery. The fishery opens on May 1, for 7 days per 
week and continues until 1,000 lb (.45 mt) are projected to remain in 
the subarea quota. Immediately following this closure, the area from 
the Queets River south to 47 deg.00'00'' N. lat. and east of 
124 deg.40'00'' W. long. will reopen for 7 days per week until either 
the subarea quota is estimated to have been taken and the season is 
closed by the Commission, or until September 30, whichever occurs 
first. The daily bag limit is one halibut per person, with no size 
limit. Sport fishing for halibut is prohibited in the area south of the 
Queets River (47 deg.31'42'' N. lat.), west of 124 deg.40'00'' W. long. 
and north of 47 deg.10'00'' N. lat.
* * * * *
    (v) Oregon central coast subarea. If the Area 2A TAC is 388,350 lb 
(176.2 mt) and above, this subarea extends from Cape Falcon to the 
Siuslaw River at the Florence north jetty (44 deg.01'08'' N. lat.) and 
is allocated 88.4 percent of the Oregon/California sport allocation, 
which is 18.21 percent of the Area 2A TAC. If the Area 2A TAC is below 
388,350 lb (176.2 mt), this sport fishery subarea extends from Cape 
Falcon to the California border and is allocated 95.4 percent of the 
Oregon/California sport allocation. The structuring objectives for this 
subarea are to provide one or two periods of fishing opportunity in 
productive deeper water areas along the coast, principally for charter 
and larger private boat anglers, and provide a period of fishing 
opportunity in nearshore waters for small boat anglers. Any poundage 
remaining in this subarea quota from earlier seasons will be added to 
the last season in this subarea. This subarea has three seasons as set 
out in paragraphs (f)(1)(v)(A) through (C) of this section. The Council 
will recommend opening dates for these seasons annually at its fall 
public meeting. The daily bag limit for all seasons is two halibut per 
person, one with a minimum 32-inch (81.3 cm) size limit and the second 
with a minimum 50-inch (127.0 cm) size limit.
    (A) The first season is an all-depth fishery that begins in May and 
continues at least 3 days per week (dependent on TAC) until 68 percent 
of the subarea quota is taken.
    (B) The second season opens the day following closure of the first 
season, only in waters inside the 30-fathom (55 m) curve, and continues 
every day until 7 percent of the subarea quota is taken, or until early 
August, whichever is earlier.
    (C) The last season begins in early August, with no depth 
restrictions, and continues at least 2 days per week, until the 
combined Oregon subarea quotas south of Falcon are estimated to have 
been taken, or September 30, whichever is earlier.
    (vi) Oregon south coast subarea. If the Area 2A TAC is 388,350 lb 
(176.2 mt) and above, this subarea extends from the Siuslaw River at 
the Florence north jetty (44 deg.01'08'' N. lat.) to the California 
border (42 deg.00'00'' N. lat.) and is allocated 7.0 percent of the 
Oregon/California sport allocation, which is 1.44 percent of the Area 
2A TAC. If the Area 2A TAC is below 388,350 lb (176.2 mt), this subarea 
will be included in the Oregon Central sport fishery subarea. The 
structuring objective for this subarea is to create a south coast 
management zone designed to accommodate the needs of both charterboat 
and private boat anglers in this area where weather and bar crossing 
conditions very often do not allow scheduled fishing trips. This 
subarea has three seasons as set out in paragraphs (f)(1)(vi)(A) 
through (C) of this section. The Council will recommend opening dates 
for these seasons annually at its fall public meeting. The daily bag 
limit for all seasons is two halibut per person, one with a minimum 32-
inch (81.3 cm) size limit and the second with a minimum 50-inch (127.0 
cm) size limit.
    (A) The first season is an all-depth fishery that begins in May and 
continues at least 3 days per week (dependent on TAC) and continues at 
least 3 days per week until 80 percent of the subarea quota is taken.
    (B) The second season opens the day following closure of the first 
season, only in waters inside the 30-fathom (55 m) curve, and continues 
every day until the subarea quota is estimated to have been taken, or 
early August, whichever is earlier.
    (C) The last season begins in early August, with no depth 
restrictions, and continues at least 3 days per week, until the 
combined Oregon subarea quotas south of Falcon are estimated to have 
been taken, or September 30, whichever is earlier.
* * * * *
[FR Doc. 96-1483 Filed 1-24-96; 2:02 pm]
BILLING CODE 3510-22-F