[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Proposed Rules]
[Pages 6869-6875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3432]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 990128037-9037-01; I.D. 010899B]
RIN 0648-AM11


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed changes to catch sharing plan and sport fishing 
management; availability of draft environmental assessment and 
regulatory impact review.

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SUMMARY: NMFS proposes, under authority of the Northern Pacific Halibut 
Act (Halibut Act), to approve and implement changes to the Area 2A 
Pacific halibut Catch Sharing Plan (Plan) to adjust the management of 
the sport fisheries off Oregon and Washington, to clarify catch-sharing 
language in the commercial fisheries portion of the Plan, and to 
clarify halibut retention language for the portion of the Plan that 
addresses treaty Indian ceremonial and subsistence fisheries. NMFS also 
proposes sport fishery regulations to implement the Plan in 1999. A 
draft environmental assessment and regulatory impact review (EA/RIR) on 
this action is also available for public comment.

DATES: Comments must be received by February 26, 1999.

ADDRESSES: Send comments or requests for a copy of the Plan and/or the 
EA/RIR to William Stelle, Jr., Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way, Seattle, WA 98115. An electronic 
copy of the Plan, including proposed changes for 1999, is also 
available at the NMFS Northwest Region website: http://
www.nwr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6120.

SUPPLEMENTARY INFORMATION: The Halibut Act, at 16 U.S.C. 773c, gives 
the Secretary of Commerce (Secretary) general responsibility for 
carrying out the Halibut Convention between the United States and 
Canada and requires the Secretary to adopt such regulations as may be 
necessary to carry out the purposes and objectives of the Convention 
and the Halibut Act. Section 773c(c) of the Halibut Act authorizes the 
Regional Fishery Management Councils to develop regulations that are 
not in conflict with regulations adopted by the International Pacific 
Halibut Commission (IPHC) to govern the Pacific halibut catch that 
occurs in their regions. Each year since 1988, the Pacific Fishery 
Management Council (Council) has 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-Indian 
harvesters and among non-Indian commercial and sport fisheries in IPHC 
statistical Area 2A (off Washington, Oregon, and California).
    In 1995, upon recommendation of the Council, NMFS implemented the 
Plan (60 FR 14651, March 20, 1995) as

[[Page 6870]]

recommended by the Council. Several minor revisions, primarily 
pertaining to sport fishery structuring, were made in 1996 (61 FR 1137, 
March 20, 1996), in 1997 (62 FR 12759, March 18, 1997), and in 1998 (63 
FR 13000, March 17, 1998). The Plan allocates 35 percent of the Area 2A 
TAC to Washington treaty Indian tribes in Subarea 2A-1 and 65 percent 
to non-Indian fisheries in Area 2A. The allocation to non-Indian 
fisheries is divided into three shares, with the Washington sport 
fishery (north of the Columbia River) receiving 36.6 percent, the 
Oregon/California sport fishery receiving 31.7 percent, and the 
commercial fishery receiving 31.7 percent. The commercial fishery is 
further divided into a directed commercial fishery that is allocated 85 
percent of the 31.7 percent 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.53'18'' N. lat.), Oregon, and California. 
The Plan also divides the sport fisheries into seven geographic 
subareas, each with separate allocations, seasons, and bag limits.

Council Recommended Changes to the Plan

    At its September 1998 public meeting, the Council adopted for 
public comment the following changes to the Plan: (1) A re-structuring 
of the Washington south coast subarea sport fishery including allowance 
of landings from a small nearshore area on days that the offshore 
fishery is closed, changes to the Columbia River subarea bag limit, and 
modification to the boundaries of a sport fishing closed area; (2) 
modification of the Oregon sport fishery south of Cape Falcon including 
changes in all-depth season and sub-area allocations, changing the 
possession and bag limit for south of Cape Falcon, and modification of 
Oregon sport fishery allocations at TACs in excess of 550,000 lb (249.5 
metric tons (mt)); and (3) clarification of current catch sharing plan 
language that describes the inseason division of the commercial quota.
    At its November 1998 public meeting, the Council considered the 
results of State-sponsored workshops on the proposed changes to the 
Plan and public comments and made final recommendations for six 
modifications to the Plan as follows:
    (1) Modify the sport season structuring intent for the Washington 
south coast subarea (Queets River southward to Leadbetter Point) to 
specify a goal of maximizing the season length while ``maintaining a 
quality fishing experience.'' To that end, allow the nearshore fishery 
(east of 124 deg.40'00'' W. long. and north of 47 deg.00'00'' N. lat.) 
to fish 7 days a week whenever the halibut season is open. This change 
is expected to give the nearshore fishery the opportunity to land 
incidentally caught halibut during the 2-days per week that the 
offshore fishery in this subarea is usually closed.
    (2) Reduce the size of a sport fishing closed ``hot spot'' within 
the Washington south coast subarea to better reflect the location and 
size of this zone of halibut concentration. The closed area would have 
the following dimensions: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. 
long.; 47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' 
N. lat., 124 deg.53'00'' W. long.; and 47 deg.16'00'' N. lat., 
124 deg.48'00'' W. long. The purpose of closing a ``hot spot'' is to 
lengthen the season in this subarea by preventing fishers from having 
access to this area of high halibut abundance. Changing the size of the 
closed ``hot spot'' is not expected to shorten the season in this 
subarea. The new dimensions are expected to more accurately reflect the 
area where halibut are most concentrated.
    (3) Revise the sport season structure for Oregon central coast and 
south coast subareas so that the nearshore fisheries (inside the 30-
fathom depth contour) open on May 1 and continue until their subquotas 
are taken or on September 30, whichever occurs first. This change is 
proposed to separate quota set aside for the nearshore fisheries from 
quota set aside for the larger offshore fisheries. In the past, the 
nearshore fisheries for these subareas were structured to occur between 
the May and August all-depth fisheries. The August all-depth fisheries 
had access to any nearshore fisheries quota during the August all-depth 
season. Under this system, the August all-depth fisheries could 
conceivably take both the all-depth and the nearshore fisheries quotas, 
which would close the nearshore fisheries in mid-August. This proposal 
separates the all-depth quotas from the nearshore quotas so that the 
nearshore fishery may have a longer season.
    (4) Move the boundary of the southernmost Oregon/California subarea 
from the Oregon-California border north to Humbug Mountain, Oregon 
(42 deg.40'30'' N. lat.) and increase the subarea quota allocation from 
2.6 percent to 3.0 percent of the Oregon/California recreational 
allocation. Halibut landed from Oregon waters south of Humbug Mountain 
are few. This change would be consistent with management for 
southernmost Oregon halibut landings to California halibut landings 
management. Because halibut landings south of Humbug Mountain would be 
separated from the larger northern fishery season structures, the 
season south of Humbug Mountain is expected to be longer than past 
seasons in southernmost Oregon waters.
    (5) Set the daily possession and bag limit for halibut sport 
fisheries south of Leadbetter Point equal to the first Pacific halibut 
caught that is 32 inches (81.3 cm) or longer in length. This possession 
and bag limit would be similar to the limit that was in place in 1998 
in the Columbia River and California subareas. For other subareas south 
of Leadbetter Point, the Central and South Coast of Oregon subareas, 
the daily bag limit would change from two halibut per person, one with 
a minimum 32-inch (81.3 cm) size limit and the second with a minimum 
50-inch (125.5 cm) size limit to the first halibut caught that is 32 
inches (81.3 cm) or longer in length. This change is expected to 
eliminate confusion by unification of the bag limit for a large stretch 
of Area 2A coast, and to reduce incidental hooking mortality for Oregon 
coast areas by elimination of the incentive for fishers to continue 
fishing until they have caught a second, larger sized halibut.
    (6) Confirm the commercial season catch division by clarifying 
catch sharing language within the commercial portion of the Area 2A 
Halibut Catch Sharing Plan. This is a housekeeping change intended to 
clarify Plan language without changing Plan intent or implementation.
    NMFS is proposing to implement the six changes to the Plan 
recommended by the Council as well as a minor correction to the Plan 
that would distinguish between the take of halibut for subsistence 
purposes and for ceremonial purposes by treaty Indians. The current 
Plan restricts treaty Indian fishing for halibut for ceremonial 
purposes to two halibut per day, per person. This restriction 
unnecessarily prevents a single treaty Indian fishing vessel from 
fishing for halibut on behalf of a tribe in the event of a ceremony 
requiring halibut. The restriction on ceremonial fishing was mistakenly 
set into the Plan through instructions from the tribes. The treaty 
Indian tribes that harvest halibut have requested clarification of Plan 
language to distinguish between subsistence and ceremonial fishing. 
NMFS proposes a correction to Plan language to provide this distinction 
between the two types of fishing to provide this clarification. Any 
halibut taken for subsistence or ceremonial purposes are counted as 
part

[[Page 6871]]

of the overall tribal share. Halibut caught in treaty Indian ceremonial 
or subsistence fisheries may not be offered for sale or sold.

Proposed Changes to the Catch Sharing Plan

    NMFS is proposing to approve the Council recommendations and to 
make the following changes to the Plan:
    In section (d) of the Plan, Treaty Indian Fisheries, paragraph (1) 
would be revised to read as follows:
    The tribal ceremonial and subsistence fishery begins on January 1 
and continues through December 31. No size or bag limits will apply to 
the ceremonial and subsistence fishery except that, when the tribal 
commercial fishery is closed, treaty Indians may take and retain not 
more than two halibut per day per person for subsistence purposes. 
Ceremonial fisheries shall be managed by tribal regulations promulgated 
inseason to meet the needs of specific ceremonial events. Halibut taken 
for ceremonial or subsistence purposes may not be offered for sale or 
sold.
    In section (e) of the Plan, Non-Indian Commercial Fisheries, 
paragraph (1)(iii) would be revised to read as follows:
    If the quota for this fishery is not harvested during the May/June 
salmon troll fishery, the IPHC will move any remaining quota from this 
fishery to the directed halibut fishery on July 1.
    In section (e) of the Plan, Non-Indian Commercial Fisheries, the 
first sentence of paragraph (1)(iv) would be revised to read as 
follows:
    If the overall quota for the non-Indian commercial fishery 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 (while additional directed fishery 
openings are set to harvest all of the remaining commercial allocation) 
until the amount of halibut that was initially available as quota for 
the troll fishery is taken or the overall non-Indian commercial quota 
is estimated to have been achieved by the IPHC.
    In section (e) of the Plan, Non-Indian Commercial Fisheries, 
paragraph (2) would be revised to read as follows:
    Directed fishery targeting halibut. Eighty-five percent of the non-
Indian commercial fishery allocation is allocated to the directed 
fishery targeting halibut (e.g., longline fishery) in southern 
Washington, Oregon, and California. The allocation for this directed 
catch fishery is approximately 17.5 percent of the Area 2A TAC. This 
fishery is confined to the area south of Subarea 2A-1 (south of Point 
Chehalis, WA; 46 deg.53'18'' N. lat.). After June 30, the overall quota 
for the non-Indian commercial fishery will be available to the directed 
commercial fishery in accordance with the specifications provided in 
sections (e)(1)(iii) and (iv) above. The commercial fishery opening 
date(s), duration, and vessel trip limits, as necessary to ensure that 
the quota for the non-Indian commercial fisheries is not exceeded, will 
be determined by the IPHC and implemented in IPHC regulations. If the 
IPHC determines that poundage remaining in the quota for the non-Indian 
commercial fisheries is insufficient to allow an additional day of 
directed halibut fishing, the remaining halibut will be made available 
for incidental catch of halibut in the fall salmon troll fisheries 
(independent of the incidental harvest allocation).
    In section (f) of the Plan, Sport Fisheries, paragraph (1)(iii) 
would be revised as follows:
    (iii) Washington south coast subarea. 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.31'42'' 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 
maintaining a quality fishing experience. The fishery will open on May 
1. If May 1 falls on a Friday or Saturday, the fishery will open on the 
following Sunday. The fishery will be open Sunday through Thursday in 
all areas, except where prohibited, and the fishery will be open 7 days 
per week in the area from Queets River south to 47 deg.00'00'' N. lat. 
and east of 124 deg.40'00''. The fishery will continue until September 
30, or until 1,000 lb (0.45 mt) are projected to remain in the subarea 
quota, whichever occurs first. 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 IPHC, 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 within a rectangle 
defined by these four corners: 47 deg.19'00'' N. lat., 124 deg.53'00'' 
W. long.; 47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 
47 deg.16'00'' N. lat., 124 deg.53'00'' W. long.; 47 deg.16'00'' N. 
lat., 124 deg.48'00'' W. long.
    In section (f) of the Plan, Sport Fisheries, the last sentence in 
paragraph (iv) would be revised to read as follows:
    The daily bag limit is the first halibut taken, per person, of 32 
inches (81.3 cm) or greater in length.
    In section (f) of the Plan, Sport Fisheries, paragraphs (v), (vi), 
and (vii) for the Oregon central and south coast subareas, and for the 
California (now south of Humbug Mountain) subarea are revised to read 
as follows:
    (v) Oregon central coast subarea. If the Area 2A TAC is 388,350 lb 
(176.2 mt) and greater, this subarea extends from Cape Falcon to the 
Siuslaw River at the Florence north jetty (44 deg.01'08'' N. lat.) and 
is allocated 88.03 percent of the Oregon/California sport allocation, 
which is approximately 18.13 percent of the Area 2A TAC. If the Area 2A 
TAC is less than 388,350 lb (176.2 mt), this subarea extends from Cape 
Falcon to the Humbug Mountain, Oregon (42 deg.40'30'' N. lat.) and is 
allocated 95.0 percent of the Oregon/California sport allocation. The 
structuring objectives for this subarea are to provide two periods of 
fishing opportunity in May and in August in productive deeper water 
areas along the coast, principally for charterboat and larger private 
boat anglers and to provide a period of fishing opportunity in the 
summer for nearshore waters for small boat anglers. Fixed season dates 
will be established preseason for the May and August openings and will 
not be modified inseason, except that the August openings may be 
modified inseason if the combined Oregon all-depth quotas are estimated 
to be achieved. Recent year catch rates will be used as a guideline for 
estimating the catch rate for the May and August fishery each year. The 
number of fixed season days established will be based on the projected 
catch per day with the intent of not exceeding the subarea season 
subquotas. The Oregon Department of Fish and Wildlife (ODFW) will 
monitor landings and provide a post-season estimate of catch within 2 
weeks of the end of the fixed season. If sufficient catch remains for 
an additional day of fishing after the May season or the August season, 
openings will be provided if possible in May and August respectively. 
Potential additional open dates for both the May and August seasons 
will be announced preseason. If a decision is made inseason to allow 
fishing on 1 or more additional days, notice of the opening will be 
announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. No all-
depth halibut

[[Page 6872]]

fishing will be allowed on the additional dates unless the opening date 
has been announced on the NMFS hotline. Any poundage remaining 
unharvested in the May all-depth subquota will be added to the August 
all-depth sub-quota. Any poundage that is not needed to extend the 
inside 30-fathom fishery through to September 30 will be added to the 
August all-depth season if it can be utilized, and any poundage 
remaining unharvested from the August all-depth fishery will be added 
to the inside 30-fathom fishery subquotas. The daily bag limit for all 
seasons is the first halibut taken, per person, of 32 inches (81.3 cm) 
or greater in length. ODFW will sponsor a public workshop shortly after 
the IPHC annual meeting to develop recommendations to NMFS on the open 
dates for each season each year. The three seasons for this subarea are 
as follows.
    A. The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until 7 percent of the subarea 
quota is taken, or until September 30, whichever is earlier. Poundage 
that is estimated to be above the amount needed to keep this season 
open through September 30 will be transferred to the August all-depth 
fishery if it can be utilized. Any overage in the all-depth fisheries 
would not affect achievement of allocation set aside for the inside 30-
fathom curve fishery.
    B. The second season is an all-depth fishery that begins on the 
second Thursday in May and is allocated 68 percent of the subarea 
quota. Fixed season dates will be established preseason based on 
projected catch per day and number of days to achievement of the 
subquota for this season. No inseason adjustments will be made, except 
that additional opening days (established preseason) may be allowed if 
any quota for this season remains unharvested. The fishery will be 
structured for 2 days per week (Friday and Saturday) if the season is 
for 4 or fewer fishing days. The fishery will be structured for 3 days 
per week (Thursday through Saturday) if the season is for 5 or more 
fishing days.
    C. The last season is a coastwide (Cape Falcon, Oregon to Humbug 
Mountain, Oregon) all-depth fishery that begins on the first Friday in 
August and is allocated 25 percent of the subarea quota. Fixed season 
dates will be established preseason based on projected catch per day 
and number of days to achievement of the combined Oregon all-depth 
quotas for the Central and South Oregon Coast subareas. The fishery 
will be structured for 2 days per week (Friday and Saturday). No 
inseason adjustments will be made (unless the combined Oregon all-depth 
quotas are estimated to be achieved), except that additional opening 
days may be allowed if quota remains unharvested. If quota remains 
unharvested, but is insufficient for one day of an all-depth fishery, 
that additional quota will be transferred to the fisheries inside the 
30-fathom (55 m) curve.
    (vi) Oregon south coast subarea. If the Area 2A TAC is 388,350 lb 
(176.2 mt) and greater, this subarea extends from the Siuslaw River at 
the Florence north jetty (44 deg.01'08'' N. lat.) to Humbug Mountain, 
Oregon (42 deg.40'30'' N. lat.) and is allocated 6.97 percent of the 
Oregon/California sport allocation, which is approximately 1.43 percent 
of the Area 2A TAC. If the Area 2A TAC is less than 388,350 lb (176.2 
mt), this subarea will be included in the Oregon Central Coast subarea. 
The structuring objective for this subarea is to create a south coast 
management zone that has the same objectives as the Oregon central 
coast subarea and is designed to accommodate the needs of both 
charterboat and private boat anglers in the south coast subarea where 
weather and bar crossing conditions very often do not allow scheduled 
fishing trips. Fixed season dates will be established preseason for the 
May and August openings and will not be modified inseason except that 
the August openings may be modified inseason if the combined Oregon 
all-depth quotas are estimated to be achieved. Recent year catch rates 
will be used as a guideline for estimating the catch rate for the May 
and August fishery each year. The number of fixed season days 
established will be based on the projected catch per day with the 
intent of not exceeding the subarea season subquotas. ODFW will monitor 
landings and provide a post season estimate of catch within 2 weeks of 
the end of the fixed season. If sufficient quota remains for an 
additional day of fishing after the May season or the August season, 
openings will be provided if possible in May and August respectively. 
Potential additional open dates for both the May and August seasons 
will be announced preseason. If a decision is made inseason to allow 
fishing on 1 or more additional days, notice of the opening will be 
announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. No all-
depth halibut fishing will be allowed on the additional dates unless 
the opening date has been announced on the NMFS hotline. Any poundage 
remaining unharvested in the May all-depth subquota will be added to 
the August all-depth sub-quota. Any poundage that is not needed to 
extend the inside 30-fathom fishery through to September 30 will be 
added to the August all-depth season if it can be utilized, and any 
poundage remaining unharvested from the August all-depth fishery will 
be added to the inside 30-fathom fishery subquotas. The daily bag limit 
for all seasons is the first halibut taken, per person, of 32 inches 
(81.3 cm) or greater in length. ODFW will sponsor a public workshop 
shortly after the IPHC annual meeting to develop recommendations to 
NMFS on the open dates for each season each year. The three seasons for 
this subarea are as follows.
    A. The first season opens on May 1, only in waters inside the 30-
fathom (55 m) curve, and continues daily until 20 percent of the 
subarea quota is taken, or until September 30, whichever is earlier. 
Poundage that is estimated to be above the amount needed to keep this 
season open through September 30 will be transferred to the August all-
depth fishery if it can be utilized. Any overage in the all-depth 
fisheries would not affect achievement of allocation set aside for the 
inside 30-fathom curve fishery.
    B. The second season is an all-depth fishery that begins on the 
second Thursday in May and is allocated 80 percent of the subarea 
quota. Fixed season dates will be established preseason based on 
projected catch per day and number of days to achievement of the 
subquota for this season. No inseason adjustments will be made, except 
that additional opening days (established preseason) may be allowed if 
any quota for this season remains unharvested. The fishery will be 
structured for 2 days per week (Friday and Saturday) if the season is 
for 4 or fewer fishing days. The fishery will be structured for 3 days 
per week (Thursday through Saturday) if the season is for 5 or more 
fishing days.
    C. The last season is a coastwide (Cape Falcon, OR, to Humbug 
Mountain, OR) all-depth fishery that begins on the first Friday in 
August. Fixed season dates will be established preseason based on 
projected catch per day and number of days to achievement of the 
combined Oregon all-depth quotas for the Central and South Oregon Coast 
subareas. The fishery will be structured for 2 days per week (Friday 
and Saturday). No inseason adjustments will be made (unless the 
combined Oregon all-depth quotas are estimated to be achieved), except 
that additional opening days may be allowed if quota remains 
unharvested. If quota remains unharvested, but is insufficient for 1 
day

[[Page 6873]]

of an all-depth fishery, that additional quota will be transferred to 
the fisheries inside the 30 fathom (55 m) curve.
    (vii) South of Humbug Mountain subarea. This sport fishery subarea 
is allocated 3.0 percent of the Oregon/California subquota, which is 
approximately 0.62 percent of the Area 2A TAC. This area is defined as 
the area south of Humbug Mountain, OR (42 deg.40'30'' N. lat.), 
including California waters. The structuring objective for this subarea 
is to provide anglers the opportunity to fish in a continuous, fixed 
season that is open from May 1 through September 30. The daily bag 
limit is the first halibut taken, per person, of 32 inches (81.3 cm) or 
greater in length. Due to inability to monitor the catch in this area 
inseason, a fixed season will be established preseason by NMFS based on 
projected catch per day and number of days to achievement of the 
subquota; no inseason adjustments will be made; and estimates of actual 
catch will be made postseason.
    In section (f), Sport Fisheries, paragraph (3) is revised to read 
as follows:
    (3) Possession limits. The sport possession limit on land north of 
Leadbetter Point, WA, is two daily bag limits, regardless of condition, 
but only one daily bag limit may be possessed on the vessel. The 
possession limit on land south of Leadbetter Point, WA, is the same as 
the bag limit.

Proposed 1999 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 1999. The 1999 TAC is unknown at 
this time, but IPHC staff have made a preliminary catch limit 
recommendation of an Area 2A TAC of 660,000 lb (299.4 mt). The final 
TAC will be determined by the IPHC at its annual meeting in January 
1999. The proposed 1999 sport fishery regulations are based on an Area 
2A TAC that ranges between the IPHC staff preliminary recommendation of 
660,000 lb (299.4 mt) and the 1998 Area 2A TAC of 820,000 lb (372 mt), 
as follows:

Washington Inside Waters Subarea Puget Sound and Straits

    This subarea would be allocated between 45,011 and 57,191 lb (20.4-
25.9 mt) at an Area 2A TAC of 660,000-820,000 lb (299.4- 372 mt) in 
accordance with the Plan. The season would be reduced from 54 days in 
1998 because of an increased catch per day in recent years of 1,470 lb 
(0.7 mt) per day in 1997 and of 1,357 lb (0.62 mt) per day in 1998, 
compared with 844 lb (0.4 mt) per day in 1996. In accordance with the 
procedure developed with IPHC to project the catch in this subarea 
based on past catch per ``fishing day equivalent'' (FED), where a 
weekday is equal to 1 FED and a weekend/holiday is equal to 2.5 FEDs, a 
range of 36-46 FEDs were calculated for the subarea quota range 
described above. This calculation was based on an average catch of 
1,224 lb (0.56 mt) per FED in the past 3 years. The proposed number of 
fishing days was based on setting a season that opens in May and 
continues at least through July 4 in accordance with the Plan. At the 
low end of the TAC range, there would not be enough FEDs available to 
accommodate that time-span. A subquota allocation of 45,011 lb (2.4 mt) 
would result in an approximately 22-day season, beginning May 28 
(Friday), and continuing for 5 days per week (Thursday through Monday) 
and ending on June 26 (Saturday). At the higher end of the subarea 
allocation range, season setting provisions of the Plan could be met 
without exceeding the number of FEDs available. Under the higher 
subarea allocation, there would be a 27-day season that would open on 
May 28 (Friday) and continue for 5 days per week (Thursday through 
Monday) through July 3 (Saturday). The final determination of the 
season dates would be based on the allowable harvest level, projected 
1999 catch rates and on recommendations developed in a public workshop 
sponsored by Washington Department of Fish and Wildlife after the 1999 
TAC is set by the IPHC. The daily bag limit would be one halibut of any 
size per day per person.

Washington North Coast Subarea (North of the Queets River)

    This subarea would be allocated between 83,872 and 96,052 lb (38-
43.6 mt) at an Area 2A TAC of 660,000-820,000 lb (299.4-372 mt) in 
accordance with the Plan. The fishery would open on May 1 and continue 
for 5 days per week (Tuesday through Saturday) until the quota is 
taken. Based on the 1998 catch of 1,567 lb (0.71 mt) per day, it is 
anticipated that the season would extend past July 4 regardless of 
where the subarea allocation falls within the possible range, thereby 
achieving the three priorities for this subarea in the Plan. The daily 
bag limit would be one halibut of any size per day per person. A 
portion of this subarea located about 19 nm (35 km) southwest of Cape 
Flattery would be closed to sport fishing for halibut. The size of this 
closed area is described in the Plan, but may be modified preseason by 
NMFS to maximize the season length.

Washington South Coast Subarea

    This subarea would be allocated between 24,467 and 36,348 lb (11.1-
16.6 mt) at an Area 2A TAC of 660,000-820,000 lb (299.4 - 372 mt) in 
accordance with the Plan. The fishery would open on May 2 (Sunday) and 
continue 5 days per week (Sunday through Thursday) until 1,000 lb (0.45 
mt) are projected to remain in the quota. The fishery would be open 
Sunday through Thursday in all areas, except where prohibited, and 
Friday and Saturday only in the area from the Queets River south to 
47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long. When 1,000 
lb (0.45 mt) are projected to remain in the quota, fishing would be 
allowed 7 days per week in the area from the Queets River south to 
47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long. The daily 
bag limit would be one halibut of any size per day per person. A 
portion of this area would be closed to sport fishing for halibut. The 
closed area is a rectangle with the following dimensions: 
47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.; 47 deg.19'00'' N. 
lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N. lat., 124 deg.53'00'' 
W. long.; 47 deg.16'00'' N. lat.,124 deg.48'00'' W. long.

Columbia River Subarea

    This subarea would be allocated between 6,384 and 8,565 lb (2.9-3.9 
mt) at an Area 2A TAC of 660,000-820,000 lb (299.4-372 mt) in 
accordance with the Plan. The fishery would open on May 1 and continue 
7 days per week until the quota is reached or September 30, whichever 
occurs first. The daily bag limit would be the first halibut taken, per 
person, of 32 inches (81.3 cm) or greater in length.

Oregon Central Coast Subarea

    This subarea would be allocated between 119,715 and 149,362 lb 
(54.3-67.8 mt) at an Area 2A TAC of 660,000-820,000 lb (299.4 -372 mt) 
in accordance with the Plan. The May all-depth season would be 
allocated between 81,406 and 101,141 lb (36.9-45.9 mt). Based on an 
observed catch per day trend in this fishery, an estimated 13,700 lb to 
17,000 lb (6.21 mt to 7.71 mt) would be caught per day in 1999, 
resulting in a 5- to 6-day fixed season. In accordance with the Plan, 
the season dates would be May 13, 14, 15, 20, 21, and 22 (if the Area 
2A TAC is 820,000 lb (372 mt)). If the quota is not taken, an 
appropriate number of fishing days would be scheduled for late May or 
early June. The restricted depth fishery inside 30 fathoms would be 
allocated between 8,380 lb and 10,412 lb (3.8-4.7 mt) and would be open

[[Page 6874]]

starting May 1, and continue until September 30, or until the 
allocation is attained. The August coastwide all-depth fishery (Cape 
Falcon to Humbug Mountain) would be allocated between 29,929 and 37,185 
lb (13.6-16.9 mt), which may be sufficient for a 1-day opening on 
August 6, based on the expected catch per day. If sufficient quota 
remains after this season for additional days of fishing, the dates for 
an all-depth fishery would be in mid-August. The final determination of 
the season dates will be based on the allowable harvest level, 
projected catch rates, and recommendations developed in a public 
workshop sponsored by ODFW after the 1999 TAC is set by the IPHC. The 
daily bag limit would be the first halibut taken, per person, of 32 
inches (81.3 cm) or greater in length.

Oregon South Coast Subarea

    This subarea would be allocated between 9,479 and 11,777 lb (4.3-
5.3 mt) at an Area 2A TAC of 660,000-820,000 lb (299.4-372 mt) in 
accordance with the Plan. The May all-depth season would be allocated 
between 7,583 and 9,421 lb (3.4-4.3 mt) and, based on observed catch 
per day trend in this fishery, an estimated 1,400 -1,900 lb (0.64-0.86 
mt) would be caught per day in 1999, resulting in a 5- to 6-day fixed 
season. In accordance with the Plan, the season dates would be May 13, 
14, 15, 20, 21, and 22 (if the Area 2A TAC is 820,000 lb (372 mt)). If 
the quota is not taken, an appropriate number of fishing days would be 
scheduled for late May or early June. The restricted depth fishery 
inside 30 fathoms would be allocated between 1,896 and 2,355 lb (0.86 - 
1.1 mt) and would open on May 1 and continue until September 30 or 
attainment of its allocation. The August coastwide all-depth fishery 
(Cape Falcon to Humbug Mountain) would be open for 1 day on August 6, 
based on the expected catch per day. If sufficient quota remains for 
additional fishing days after this season, the dates for an all-depth 
fishery would be in mid-August. The final determination of the season 
dates would be based on the allowable harvest level, projected catch 
rates, and recommendations developed in a public workshop sponsored by 
ODFW after the IPHC sets the 1999 TAC. The daily bag limit would be the 
first halibut taken, per person, of 32 inches (81.3 cm) or greater in 
length.

Humbug Mountain, OR, through California Subarea

    This subarea would be allocated between 4,080 and 5,069 lb (1.9-2.3 
mt) at an Area 2A TAC of 660,000-820,000 lb (299.4-372 mt) in 
accordance with the Plan. The proposed 1999 sport season for this 
subarea would be the same as last year, with a May 1 opening and 
continuing 7 days per week until September 30. The daily bag limit 
would be modified to be the first halibut taken, per person, of 32 
inches (81.3 cm) or greater in length.
    NMFS requests public comments on the Council's recommended 
modifications to the Plan and the proposed sport fishing regulations. 
The Area 2A TAC will be set by the IPHC at its annual meeting on 
January 25 through 28, 1999, in Prince Rupert, British Columbia. 
Comments are requested by February 16, 1999, after the IPHC annual 
meeting, so that the public will have the opportunity to consider the 
final Area 2A TAC before submitting comments on the proposed sport 
fishing regulations. The States of Washington and Oregon will conduct 
public workshops shortly after the IPHC meeting to obtain input on the 
sport season dates. After the Area 2A TAC is known, and after NMFS 
reviews public comments and comments from the States, NMFS will issue 
final rules for the Area 2A Pacific halibut sport fishery concurrent 
with the IPHC regulations for the 1999 Pacific halibut fisheries.

Classification

    NMFS has prepared a draft EA/RIR on the proposed changes to the 
Plan. Copies of the ``Draft Environmental Assessment and Regulatory 
Impact Review of Changes to the Catch Sharing Plan for Pacific Halibut 
in Area 2A'' are available from NMFS (see ADDRESSES). Comments on the 
EA/RIR are requested by February 26, 1999.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that the changes to the Plan would 
not have a significant economic impact on a substantial number of small 
entities as follows:

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 603 et  seq., 
requires agencies to consider the impacts of proposed actions on 
small entities. NMFS has established standards for determining 
whether an action will have a significant economic impact on a 
substantial number of small entities. NMFS has determined that, in 
general, a substantial number of small entities would be 20 percent 
of those small entities affected by the rule. Economic impacts on 
small entities are considered to be ``significant'' if the proposed 
action would result in any of the following: (a) reduction in annual 
gross revenues by more than 5 percent; (b) increase in total costs 
of production by more than 5 percent as a result of an increase in 
compliance costs; (c) compliance costs as a percent of sales for 
small entities are at least 10 percent higher than compliance costs 
as a percent of sales for large entities; (d) capital costs of 
compliance represent a significant portion of capital available to 
small entities, considering internal cash flow and external 
financing capabilities; or, (e) as a rule of thumb, 2 percent of 
small business entities being forced to cease business operations. 
For the fishing industry, a small entity is a small business with 
receipts of up to $3 million annually. Charterboats operating in 
Washington and Oregon sport fisheries are viewed as small entities 
affected by the proposed changes to the Plan.
    The proposed action would result in minor adjustments and 
refinements to existing management measures that, based on 1998 
permits data, could affect up to 140 charter vessels. One proposed 
change would move the management line for the southernmost subarea 
north to include a small amount of the southern Oregon coast and 
move a small portion of the Oregon/California sport quota (0.4 
percent of the Oregon/California recreational fishery subquota, or 
0.08 percent of the Area 2A TAC), to match the movement of the 
management line. Historically, halibut landings south of Humbug 
Mountain (the location of the new proposed management line) have 
been incidental to sport fisheries directed at other species, 
similar to sport landings of Pacific halibut in California. The 
incidental nature of halibut landings in these southernmost Oregon 
waters is more similar to California fisheries than to the larger, 
northern Oregon sport fisheries. This action is expected to allow 
the retention of incidentally caught halibut south of Humbug 
Mountain without significantly increasing halibut landings. This 
proposed action is not expected to result in a shortened season for 
fishers landing halibut north of Humbug Mountain. Therefore, there 
would be no adverse impacts from this change.
    Other proposed changes to the Plan are expected to have no 
adverse effect, but to provide a modest increase in fishery and 
regulatory convenience. The proposal to modify the boundaries of a 
sport fishing closed area within the Washington south coast subarea 
does not defeat the original purpose of creating a closed area, 
which was to prohibit fishing in a zone of high halibut abundance so 
that the season might be lengthened by eliminating access to that 
zone. Reducing the size of the current closed area is expected to 
better define the actual boundaries of the zone of halibut abundance 
and to allow fishing in a larger area, without actually increasing 
the halibut landings rate in this subarea. Restructuring the 
Washington south coast subarea sport fishery to allow landing from a 
small nearshore area on days that the offshore fishery is closed is 
also not expected to significantly increase the halibut landings 
rate for this subarea. Halibut landings rates from the nearshore 
area are significantly lower than from the offshore area. The 
purpose of this change is to acknowledge that halibut may be caught 
incidentally in nearshore waters on days that the deepwater fishery 
is closed, and that it is desirable to allow fishers to land halibut 
that they may catch incidentally on fishing trips targeting other 
species, such as rockfish.

[[Page 6875]]

    Modifying the Oregon sport fishery south of Cape Falcon to allow 
the nearshore fisheries better access to its quota is not expected 
to reduce the number of open days in the all-depth fisheries. Under 
the current Plan, the August all-depth fisheries have access to both 
the all-depth quota and to the nearshore quota in setting the all-
depth season length. In recent years, the all depth fisheries have 
landed about 20,000 lb (90.7 mt) of halibut per day, while daily 
catch rates for the nearshore fisheries may have been less than 150 
lb (68 kg) per day and usually in the 25-75 lb (11.3-34 kg) range. 
Given that the quota for the nearshore fisheries south of Cape 
Falcon is expected to be 10,276-12,767 lb (466.1-5,791 kg) in 1999, 
eliminating all-depth fishery access to the portion of that quota 
that would remain unharvested in August would not preempt a day of 
fishing in the all-depth fishery.
    Sport fishers operating in the subareas south of Leadbetter 
Point had expressed concern over the possible hooking mortality 
associated with a 2-fish bag limit with one fish being over 32 
inches (81.3 cm) in length and the other fish exceeding 50 inches 
(125.5 cm) in length. By allowing anglers to pursue a fish over 50 
inches (125.5 cm), the risk of mortality of the discards of fish 
under 32 inches (81.3 cm) in length was too high in their opinion. 
Hoping to reduce such practices and to possibly lengthen the large, 
Oregon all-depth fisheries south of Cape Falcon, anglers proposed 
changing the bag and possession limits for all areas south of 
Leadbetter Point, Washington to the first fish longer than 32 inches 
(81.3 cm). Many charterboat operators already limit their angler 
clients to one halibut per person and this bag limit change is not 
expected to affect participation in the popular all-depth Oregon 
sport fisheries.
    Proposed changes to clarify current Plan language that describes 
the inseason division of the commercial quota and to clarify the 
current halibut retention language for treaty Indian ceremonial and 
subsistence fisheries are housekeeping changes that are expected to 
have no effect on the fisheries managed by those sections of the 
Plan. Proposed changes to the Plan have no adverse effect on the 
managed fisheries. The proposed sport management measures for 1999 
would implement the Plan at an appropriate level of TAC; their 
impacts are within the scope of the impacts analyzed for the Plan. 
Therefore, a regulatory flexibility analysis was not prepared.

    This action has been determined to be not significant for purposes 
of E.O. 12866.

    Dated: February 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-3432 Filed 2-10-99; 8:45 am]
BILLING CODE 3510-22-F