[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Proposed Rules]
[Pages 2925-2935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-805]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 301
[Docket No. 950106-003-5003-01; I.D. 121994A]
RIN 0648-AH01
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 a 1995 Catch Sharing
Plan (Plan) in accordance with the Northern Pacific Halibut Act of 1982
(Halibut Act) to allocate the total allowable catch (TAC) of Pacific
halibut among treaty Indian, non-Indian commercial, and non-Indian
sport fisheries off the coasts of Washington, Oregon, and California
(International Pacific Halibut Commission (IPHC) Statistical Area 2A).
This proposed Plan is based on the recommendations of the Pacific
Fishery Management Council (Council). This action is necessary to
allocate the harvestable resources among the states in a manner that
responds to the dynamics and growth in a sport fishery and growth in a
tribal fishery. The action is intended to allocate harvestable
resources among user groups under the provisions of the Halibut Act to
carry out the objectives of the IPHC and the Council.
DATES: Comments on the Plan must be received on or before January 19,
1995; comments on the remainder of the proposed rule must be received
on or before February 20, 1995.
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 Northern Pacific Halibut Act of 1982 at
16 U.S.C. 773c provides that the Secretary of Commerce (Secretary)
shall have general responsibility to carry out [[Page 2926]] 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, the Council has developed Catch Sharing Plans
since 1988 to allocate the TAC of Pacific halibut between treaty
Indian, non-Indian commercial, and non-Indian sport fisheries in Area
2A off Washington, Oregon, and California.
At its September 1993 public meeting, the Council decided to
consider all aspects of the halibut allocation issue and to develop a
multiyear Plan for 1995 and beyond. The Council requested that the
Halibut Managers Group (HMG) and the Halibut Advisory Subpanel (HAS)
develop a complete list of allocation issues for Council consideration.
At its November 1993 public meeting, the Council adopted a number of
issues identified by the HMG and HAS that would be considered in
development of a Plan for 1995 and beyond. The issues adopted for
public comment were: (1) Timeframe for the Plan (i.e., 2-5 years), (2)
treaty Indian entitlement, (3) bycatch, (4) biomass-based or geographic
allocation, (5) individual transferable quotas, (6) allocations within
the commercial fishery (i.e., troll allocation), (7) geographic
restrictions on the commercial fishery, (8) minimizing quota overages
in non-Indian commercial fishery, (9) shifting the commercial fishery
to a non-directed (incidental catch) fishery at lower quotas, (10)
varying allocation shares based on varying TAC levels (i.e., sliding
scale), (11) fixed timeframes for sport seasons based on expected catch
(rather than quotas requiring monitoring), and (12) state shaping of
sport fisheries. At its March 1994 public meeting, after receiving
comments from the HMG, HAS, and the public on the issues and possible
options for addressing the issues, the Council adopted a complex of
options/alternatives for analysis. The Council also requested an
analysis of the profile of the Area 2A halibut fisheries and how they
have changed in recent years. This analysis is provided in the
Environmental Assessment/Regulatory Impact Review (EA/RIR) prepared on
the proposed Plan for 1995 and beyond. A description and analysis of
the options/alternatives, along with a description of the fisheries in
Area 2A, were presented to the Council at its August 1994 public
meeting. After review of the analysis and consideration of public
comments, the Council developed four allocation options, three
management measures, a tribal fishery structuring, and two sport
fishery structuring framework alternatives (one for Washington and one
for Oregon/California) for public comment. At its October 1994 public
meeting, the Council received comments from the HAS and the public on
the options and alternatives and took final action in selecting one
allocation option and approving management measures and sport
structuring that were combined into a proposed Plan for 1995 and
beyond.
The Council considered four options for allocating Pacific halibut
among non-Indian fisheries in Area 2A beginning in 1995. The options
considered apply only to the non-Indian share of 65 percent of the Area
2A TAC after removing the treaty tribal share of 35 percent. The
options, which are described in detail in the EA/RIR, were: (1) To
maintain status quo allocation of 50 percent each to commercial and
sport fisheries and allocate the sport fishery share 61 percent to
areas north of Cape Falcon and 39 percent south, (2) to allocate evenly
(one-third each) between the sport fisheries north and south of the
Columbia River and the commercial fishery (the commercial fishery would
be limited to the area south of the Columbia River), (3) to allocate 50
percent north and south of the Columbia River with differing sliding-
scale sharing between sport/commercial fisheries in each area, and (4)
to allocate 60 percent to the commercial fisheries and 40 percent to
the sport fisheries, with a status quo sharing among the sport
fisheries.
The Council adopted a modified Option 2 that divides the non-Indian
harvest into three shares with the sport fishery north of the Columbia
River receiving 36.6 percent, the sport fishery south of the Columbia
River receiving 31.7 percent, and the commercial fishery receiving 31.7
percent. The commercial fishery would be confined to the area south of
Subarea 2A-1 (south of the treaty Indian tribes' usual and accustomed
fishing area). The rationale was to increase the allocation to the
sport fisheries off Oregon to provide a better balance in sharing of
the harvests between sport fisheries off Oregon and Washington. The
commercial fishery allocation was reduced over status quo by about 12
percent to provide for the increases in the sport fisheries.
The Council took this action to allocate the harvestable resources
among the states in a manner that responds to the dynamics and growth
in a sport fishery and growth in a tribal fishery. Sport fisheries in
both Washington and Oregon have been compressed due to reduced quotas
for Area 2A and restrictive allocations that have not provided
sufficient access and fishing opportunity for sport users. Sport
fisheries consist primarily of small boats and charterboats that are
tied to coastal communities. Many of the coastal communities in
Washington and Oregon are dependent on revenues generated from sport
fisheries. As such, these sport fisheries are not mobile (in contrast
to commercial fishing vessels) and cannot move into other areas to
conduct fishing operations. The dependence of these coastal
communities, in contrast to the mobility of the vessels operating in
the commercial fishery, was considered by the Council in reducing the
commercial allocation in order to increase and better balance the sport
allocations between Washington and Oregon.
The EA/RIR prepared for the Council indicates that the commercial
halibut fishery in Area 2A is a small part of the average annual
revenues for commercial fishers that have been involved in this fishery
and that halibut fishers in Area 2A consist of a highly mobile fleet of
vessels that have moved in and out of the Area 2A halibut fishery (of
1,153 commercial vessels that operated in the fishery between 1987 and
1993, only 2.5 percent landed halibut in each of those years), and that
relatively few vessels account for most of the catch each year. The
commercial fishery was restricted in the northern area to shift
harvests to the south to provide a broader distribution of harvests in
Area 2A and prevent the higher removals that were occurring in the
northern area of Area 2A. In 1994, about 80 percent of the Area 2A
harvest occurred off Washington. Commercial fishers that have been
active in the Pacific halibut fishery are highly mobile and would have
the option of fishing south of Area 2A-1. This shift in the open area
for the commercial fishery would also have the effect of providing
better control of a reduced harvest level by constraining the fishery
to a smaller area. This geographic shifting of non-tribal catch is not
intended to prejudice the treaty Indian share. The increased allocation
to Oregon sport fisheries and the restriction of the commercial fishery
to more southern areas of Area 2A is intended to shift the non-Indian
[[Page 2927]] harvesting effort into southern areas of halibut biomass
and is not based on a conservation concern.
The allocations recommended by the Council are intended to continue
until new information becomes available such as new information on
biomass distribution. Upon receipt of new information, the Council can
decide if the information necessitates reconsidering the issue of
halibut allocation.
The Council recommended dividing the commercial fishery into two
sectors, with 85 percent of the non-Indian commercial fishery
allocation for a directed halibut fishery and 15 percent for incidental
harvests of halibut during the salmon troll fisheries. The Council
acknowledged that salmon trollers traditionally harvested halibut
during salmon fisheries, but have been excluded from their traditional
halibut fishery because recent years' season structuring limited
commercial halibut openings to 1 or 2 days in the summer that did not
correspond with salmon troll openings. Therefore, the Council adopted a
separate allocation to allow trollers to renew their traditional access
to halibut incidentally caught during the May and June salmon troll
fishery as described in the proposed Plan at Sec. 301.23. In order to
ensure that salmon trollers do not target on halibut and exceed their
allocation, the Council adopted a ratio fishery whereby a salmon
troller would not be allowed to retain halibut until a specified number
of chinook salmon had been caught; the vessel would be limited to
landing one halibut per that number of chinook. The initial ratio
proposed by the Council is one halibut per 25 chinook, but this ratio
would be adjusted annually after halibut and chinook quotas are
determined, to ensure the fishery is viable without exceeding the
halibut quota. Also, because the chinook quotas and harvest guidelines
can affect whether this fishery can be prosecuted, the Council adopted
rollover provisions that would allow the transfer of any quota
remaining from this fishery on June 30 to the directed halibut fishery,
which normally opens in July or August. In addition, if quota remained
unharvested from the directed fishery, it would be transferred to the
fall salmon troll fisheries.
The Council considered three new management measures that would
apply to the commercial and sport fisheries. The first measure would
prohibit commercial fishing for halibut from any vessel that
participates in the sport fishery for halibut in Area 2A, and vice
versa. The basis for this measure was concern that increased numbers of
charterboat vessels and private vessels operating in the sport fishery
were obtaining commercial licenses and also participating in the
commercial fishery in Area 2A. This ``double-dipping'' into both
commercial and sport allocations was viewed as inconsistent with the
Council's allocation intent to provide separate quotas and opportunity
for each harvesting sector to utilize its allocation. Therefore, the
Council recommended restrictions on the issuance of IPHC licenses to
vessels operating in Area 2A.
The second management measure considered by the Council was
possession limits on land. The current IPHC regulations on possession
limits for halibut in Area 2A stipulate only that the possession limit
on the water is the same as the daily bag limit and do not address
possession limits on land. Because the three states have different
regulations and interpretations on possession limits on land and
condition of fish (e.g., frozen, fresh) as they relate to possession
limits, enforcement has varied between states and ports. A possession
limit on land is intended to restrict the number of halibut trips that
sport fishers can make so that the sport allocation is better
distributed among sport users. This would allow for longer seasons
because the quotas would not be achieved as quickly. The Council
adopted a measure that would ensure a consistent application of
possession limits in the subareas north and south of Cape Falcon. These
possession limits would apply to all halibut possessed, regardless of
condition of fish (e.g., frozen, fresh). For the sport fisheries north
of Cape Falcon, the Council adopted a possession limit on land of two
daily bag limits. Because of the more remote locations of the sport
halibut fishing ports (such as Neah Bay) in Washington, the Council
adopted a possession limit on land of two daily bag limits to allow
fishers more opportunity to fish in those remote locations that require
more travel time to access. Further, this possession limit was proposed
because it was consistent with Washington sport regulations and would
be easier to enforce. For the sport fisheries south of Cape Falcon, the
possession limit on land would be the same as the daily bag limit. This
possession limit on land of one daily bag limit is consistent with
Oregon sport regulations for all other species and would make
enforcement easier.
The third management measure considered by the Council was an
alternate approach to establishing sport fishery geographic subareas
whereby ``landing zones'' would be created, consisting of the ports in
the geographic area, and regulation of and accounting for catch would
be by area of landing rather than area of catch. The landing zone
approach would prevent vessels out of other ports from utilizing a
subquota intended for another subarea. It also would simplify
enforcement and accounting by eliminating the need to verify area of
catch. The Council adopted this measure and recommended that all sport
fishing in 2A (except for fish caught in the north Washington coast
area and landed in Neah Bay) be managed on a ``port of landing'' basis,
whereby any halibut landed into a port would count toward the quota for
the area in which that port is located, and the regulations governing
the area of landing would apply, regardless of the specific area of
catch. Neah Bay is treated differently because, although it is located
in the Washington inside waters subarea, it is the principal port used
by sport fishers to access the Washington north coast subarea.
The Council considered the structuring of the sport fisheries and
suballocations among ports in geographic areas as described in the EA/
RIR. The division of the sport allocation among geographic areas is
intended to spread the sport fishing opportunity and allow it to occur
in a manner that is most beneficial to the sport fishers in those
areas. Some areas that have low halibut fishing effort and success are
managed for seasons that allow fishers to retain incidental catches
throughout the months when sport fishing is accessible, while other
areas are characterized by high fishing effort and catch and are
managed to allow maximum fishing opportunity while preventing quotas
from being achieved too quickly. This approach results in differing bag
limits and seasons in each subarea that are designed to maximize the
sport fishing opportunity and fishing experience for anglers, based on
the specific characteristics of fishing patterns and catches in the
respective areas.
The Council divided the sport fisheries into seven areas that
represent the principal ports areas that sport fishers use. The seven
areas, which are defined below, are: (1) Washington inside waters, (2)
Washington north coast, (3) Washington south coast, (4) Columbia River
area, (5) Oregon central coast, (6) Oregon south coast, and (7)
California coast. The management goals for the sport fishery in each
subarea are described in the Plan proposed at Sec. 301.23. The
suballocations and season structuring recommended by the Council for
each of these areas is as follows. [[Page 2928]]
Washington Inside Waters Sport Fishery Subarea (Puget Sound
Including Strait of Juan de Fuca).
The Council considered an allocation for this area that ranged
between 17 and 32.5 percent of the Washington sport fishery subquota.
In 1994, this area was allocated 32.4 percent of the sport fishery
subquota, which equaled 6.42 percent of the Area 2A TAC. The Council
recommends an allocation of 28.0 percent of the Washington sport
allocation, which equals 6.66 percent of the Area 2A TAC. The Council
made no changes to the season structuring approach, bag limits, or the
geographic limits of this subarea. Due to inability to monitor the
catch in this area inseason, the Council adopted a fixed season
management approach, rather than a quota. The season would be
established preseason based on projected catch per day and number of
days to achievement of the subquota. No inseason adjustments would be
made; estimates of actual catch would be made post season.
Washington North Coast Sport Fishery Subarea.
The Council considered an allocation for this area that ranged
between 51 and 62.3 percent of the Washington sport fishery subquota.
In 1994, this area was allocated 62.4 percent of the sport fishery
subquota, which equaled 12.37 percent of the Area 2A TAC. The Council
recommends an allocation of 57.7 percent of the Washington sport
allocation, which equals 13.73 percent of the Area 2A TAC. The Council
made no changes to the geographic limits of this subarea. The Council
recommends a two-tier approach to the season structuring, which would
maintain the traditional early May fishery intended to extend through
the month; if sufficient quota remained after May 31, an early July
fishery would be scheduled for the Fourth of July holiday when sport
fishers have requested access to halibut. The Council made no changes
to the one-fish with no minimum size bag limit in this area. Also, the
Council maintained the closure in the area that is approximately 19.5
nm (36.1 km) southwest of Cape Flattery. High catches of large fish
from this area in the past caused the fishery to close early, due to
quota attainment. The Council adopted a closure of this area to provide
for longer seasons and fishing opportunity in other parts of the sport
fishery subarea.
Washington South Coast Sport Fishery Subarea.
The Council considered an allocation for this area that ranged
between 10 and 25 percent of the Washington sport fishery subquota. In
1994, this area was allocated 5.2 percent of the sport fishery
subquota, which equaled 1.03 percent of the Area 2A TAC. The Council
recommends an allocation of 12.3 percent of the Washington sport
allocation, which equals 2.93 percent of the Area 2A TAC. The southern
limit of this geographic area was changed from Cape Falcon to
Leadbetter Point to establish a separate Columbia River area. This area
has changed from having a continuous 153-day opening prior to 1993, to
a limit of a few days of fishing, due to a shift in fishing strategy to
a fishery targeting on halibut as a result of fishers finding
productive sport fishing areas. In order to provide longer seasons that
start on May 1 as in years prior to 1993, the Council recommends a
greater allocation to this subarea and established an area closure in
the northern offshore portion of this subarea where high catches have
occurred in the last 2 years. However, to allow access to this more
productive area without reducing season length, the Council did adopt a
provision for an opening in this closed area after September 1, if the
fishery is still open as described in the proposed Plan. To maintain a
longer season, the bag limit was set by the Council at one fish, with
no minimum size limit.
Columbia River Sport Fishery Subarea.
This is a new sport fish subarea for which the Council considered a
maximum allocation of 2.5 percent of the Washington sport fishery
subquota, plus a maximum of 2.5 percent of the Oregon/California sport
fishery subquota. The Council recommends an allocation of 2.0 percent
of the Washington sport allocation plus 2.0 percent of the Oregon/
California sport allocation, which equals 0.89 percent of the Area 2A
TAC. In 1994, this area was included with the Washington south coast
area and did not have a separate allocation. Because of high landings
of sport catch in the Westport area, the south coast area has been
limited to only a few days of fishing in the last 2 years. Sport
fishers in the Columbia River area, who have caught halibut incidental
to sport fishing for other bottomfish species, requested separation
from the Westport area so that longer fixed-season incidental catch
fisheries could be maintained for the Columbia River ports. The Council
agreed with this need in establishing this new subarea that extends
from Leadbetter Point to Cape Falcon. As described in the proposed
Plan, this area would open on May 1 and continue 7 days per week until
the subquota is estimated to have been taken, or September 30,
whichever is earlier. To maintain a longer season, the bag limit was
set by the Council at one fish with a minimum size limit of 32 in (81.3
cm). However, the Council acknowledged that, based on the experience at
other ports such as Westport, it is probable that the fishery in this
area could shortly evolve into a directed halibut fishery. If so, the
season length would need to be shortened considerably or the quota
increased.
Central Oregon Coast Sport Fishery Subarea.
The Council considered an allocation for this area that ranged
between 55 and 97.4 percent of the Oregon/California sport fishery
subquota. In 1994, this area was allocated 97.4 percent of the Oregon/
California sport fishery subquota, which equaled 12.35 percent of the
Area 2A TAC. The Council recommends an allocation of 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 388,350 lb (176.2 mt) and above. At
TACs above 388,350 lb (176.2 mt) the Council set the southern
geographic limit of this subarea at the Siuslaw River, rather than the
California border, so that a south coast subarea can be established. If
the Area 2A TAC is below 388,350 lb (176.2 mt), the Council determined
that there would be no south coast subarea and the allocation for this
subarea, which would extend from Cape Falcon to the California border,
would be 95.4 percent of the Oregon/California sport allocation. The
Council recommends three seasons for this area: (1) Two periods of
fishing opportunity in productive deeper water areas along the coast,
principally for charter and larger private boat anglers in May and in
August, and (2) a period of fishing opportunity in less productive
nearshore waters (inside 30 fathoms (55 m)) in June and July, designed
for incidental catches by small boat anglers as described in the
proposed Plan. The Council maintained the past daily bag limits for all
seasons of two halibut per person, one with a minimum 32-in (81.3 cm)
size limit and the second with a minimum 50-in (127.0 cm) size limit.
Southern Oregon Coast Sport Fishery Subarea.
This is a new sport fishery subarea for which the Council
considered an allocation that ranged between 5 and 40 percent of the
Oregon/California sport [[Page 2929]] fishery subquota for the area
from the Siuslaw River to the California border. In 1994, this area was
included with the central Oregon coast sport fishery area. The Council
recommends an allocation to this new subarea of 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 388,350 lb (176.2 mt) and above. 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 Council
agreed to create a south coast subarea to accommodate the needs of both
charterboat and private boat anglers in this area to have additional
fishing opportunity. In the past, the weather and bar conditions in the
southern area often did not allow for access to fishing grounds on days
when sport vessels out of Newport were fishing. Because the area quota
applied to Newport and this southern area, the fishing opportunity in
the southern area has been cut short due to quota achievement caused by
vessels operating out of Newport. The Council acknowledged that at
lower quotas for the Oregon/California sport fishery (less than 80,000
pounds (36.3 mt)), the quota would not be sufficient to split these two
areas and still maintain viable sport fisheries. The Council recommends
the same season and bag limits for this area as the central Oregon
coast area.
California Sport Fishery Subarea.
The Council considered a maximum allocation of 3.0 percent of the
Oregon/California sport fishery subquota for this area. In 1994, this
area was allocated 2.6 percent of the sport fishery subquota, which
equaled 0.33 percent of the Area 2A TAC. The Council recommended an
allocation of 2.6 percent of the Oregon/California subquota, which is
0.54 percent of the Area 2A TAC. A separate subquota with a fixed-
season fishery has occurred in this area since 1990 to allow for small
numbers of halibut to be caught in this area of low halibut abundance
incidental to other sport fishing activities throughout the summer. The
Council agreed with maintaining this subarea sport fishery and
recommends a continuous, fixed season fishery that would be open from
May 1 through September 30 with a daily bag limit of one halibut per
person with a minimum 32-in (81.3 cm) size limit. Due to inability to
monitor the catch in this area inseason, the Council adopted a fixed-
season management approach, rather than a quota. The season will be
established preseason based on projected catch per day and number of
days to achievement of the subquota. No inseason adjustments will be
made; estimates of actual catch will be made post season.
The Council made no changes to the treaty Indian fisheries, which
are allocated 35 percent of the Area 2A TAC. The Council adopted the
treaty Indian tribes' request to maintain the 1994 structuring of the
tribal commercial and ceremonial and subsistence (C&S) fisheries. These
two fisheries are to be managed separately: the commercial fishery will
be managed with a quota, and the C&S fishery will be open year round.
The tribes will provide an estimate of the C&S harvest; the remainder
of the allocation will be for the commercial fishery.
NMFS is publishing the proposed Plan together with the rationale
provided by the Council for modifying the allocations and management
measures for the halibut fisheries in Area 2A, and is requesting public
comments on approval of the Council's recommended Plan for 1995 and
beyond. Public comments are requested on the proposed Plan described in
Sec. 301.23 and the proposed regulations for implementing the Plan.
Comments on the proposed Plan in Sec. 301.23 are requested by January
19, 1995, so that a final Plan can be approved and notification
provided to the IPHC prior its annual meeting on January 23-26, 1995,
when the final quotas will be adopted. The comment period on the
remainder of the proposed regulations will extend past the IPHC annual
meeting and close on February 20, 1995, so that the public will have
the opportunity to consider the final Area 2A TAC before submitting
comments. The IPHC, consistent with its responsibilities under the
international convention, will implement the subquotas stipulated in
the Plan based on its final determination of the Area 2A TAC to be made
at its annual meeting. The actual amounts of halibut allocated to each
group in 1995 will change if the IPHC establishes a TAC that is
different from the assumed TAC of 500,000 lb (226.8 mt); however, the
percentages specified in the Plan will not change. The proposed
regulations also are based on an assumed TAC of 500,000 lb (226.8 mt)
and will be modified dependent on the final TAC in accordance with the
Plan.
The proposed rule includes all of the regulatory modifications to
50 CFR part 301 that are necessary to implement the proposed Plan at
Sec. 301.23. Some of these regulations will be implemented by the IPHC.
However, to assist the public in commenting on the proposed Plan and
implementing regulations, all of the regulatory changes necessary to
implement the Plan are published here as a proposed rule. 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
rule will stipulate which regulations are issued in international
regulations and which in domestic regulations. The final ratio of
halibut to chinook to be allowed as incidental catch in the salmon
troll fishery will be published with the annual salmon management
measures.
Classification
The EA/RIR prepared by the Council for this proposed Plan indicates
that, if approved, though the actions taken under this Plan would
reduce the allocation and area available to commercial fisheries, it
would not significantly affect a substantial number of commercial
fishers because the commercial halibut fisheries in Area 2A are a small
part of the average annual harvest for commercial fishers. As such, the
Assistant General Counsel for Legislation and Regulation certified to
the Chief Counsel for Advocacy of the Small Business Administration
that this proposed rule would not have a significant economic impact on
a substantial number of small entities and does not require a
regulatory flexibility analysis under the Regulatory Flexibility Act.
Copies of the 1995 EA/RIR are available (see ADDRESSES).
This action has been determined to be not significant for purposes
of E.O. 12866.
List of Subjects in 50 CFR Part 301
Fisheries, Treaties.
Dated: January 6, 1995.
Charles Karnella,
Acting 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, new paragraphs (l), (m), and (n) are added to
read as follows:
Sec. 301.3 Licensing vessels.
* * * * *
(l) A license issued for a vessel operating in Area 2A shall be
valid only for operating either as a charter vessel or a commercial
vessel, but not both.
(m) A license issued for a vessel operating in the commercial
fishery in [[Page 2930]] Area 2A shall be valid only for either the
directed commercial fishery in Area 2A during the season set out in
Sec. 301.7(a) or the incidental catch fishery during the salmon troll
fishery described in Sec. 301.7(j), but not both.
(n) A vessel operating in a commercial fishery in Area 2A must
obtain its license prior to May 1.
3. In Sec. 301.7, paragraph (b) is revised and a new paragraph (j)
is added to read as follows:
Sec. 301.7 Fishing periods.
* * * * *
(b) Each fishing period for directed halibut fishing in Area 2A
shall begin at 0800 hours and terminate at 1800 hours Pacific Standard
or Pacific Daylight Time, as applicable, on the dates set out in the
table in paragraph (a) of this section, unless the Commission specifies
otherwise.
* * * * *
(j) Notwithstanding paragraphs (a) and (b) of this section, an
incidental catch fishery is authorized during salmon troll seasons
implemented by NMFS. Vessels participating in the salmon troll fishery
in Area 2A may retain halibut caught incidentally during authorized
periods, in conformance with the NMFS regulations announced in the
Federal Register with the annual salmon management measures. NMFS will
specify the ratio of halibut to salmon that may be retained during this
fishery.
4. In Sec. 301.10, a new paragraph (j) is added to read as follows:
Sec. 301.10 Catch limits.
* * * * *
(j) Notwithstanding paragraph (i) of this section, the catch limit
in Area 2A shall be divided between a directed halibut fishery to
operate during the fishing periods set out in Sec. 301.7(a) and an
incidental halibut catch fishery during the salmon troll fishery in
Area 2A described in Sec. 301.7(j). Inseason actions to transfer catch
between these fisheries may occur in conformance with Sec. 301.23 of
this part.
(1) The catch limit in the directed halibut fishery is 87,550 lb
(39.71 mt).
(2) The catch limit in the incidental catch fishery during the
salmon troll fishery is 15,450 lb (7.01 mt).
5. In Sec. 301.11, a new paragraph (n) is added to read as follows:
Sec. 301.11 Fishing period limits.
* * * * *
(n) The fishing period limits in Area 2A apply only to the directed
halibut fishery.
6. Section 301.20 is revised and implemented as a domestic
regulation to read as follows:
Sec. 301.20 Fishing by U.S. treaty Indian tribes.
(a) Halibut fishing by members of treaty Indian tribes located in
the State of Washington shall be governed by this section.
(b) For purposes of this part, treaty Indian tribes means the Hoh,
Jamestown Klallam, Lower Elwha Klallam, Lummi, Makah, Port Gamble
Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish, and
Tulalip tribes.
(c) Subarea 2A-1 includes all U.S. waters off the coast of
Washington that are north of lat. 46 deg.53'18'' N. and east of long.
125 deg.44'00'' W., and all inland marine waters of Washington.
(d) Commercial fishing for halibut by treaty Indians is permitted
only in subarea 2A-1 from March 1 through October 31, or until 159,000
lb (72.12 mt) is taken by treaty Indians, whichever occurs first.
(e) Commercial fishing periods and management measures to implement
paragraph (d) of this section will be set by treaty Indian tribal
regulations.
(f) Commercial fishing for halibut by treaty Indians shall comply
with the provisions of Secs. 301.12, 301.15, and 301.17, except that
the 72-hour fishing restriction preceding the opening of a halibut
fishing period shall not apply to treaty Indian fishing.
(g) Ceremonial and subsistence fishing for halibut in subarea 2A-1
is permitted with hook-and-line gear from January 1 to December 31, and
is estimated to take 16,000 lb (7.3 mt).
(h) No size or bag limits shall apply to the ceremonial and
subsistence fishery, except that when commercial halibut fishing is
prohibited pursuant to paragraph (d) of this section, treaty Indians
may take and retain not more than two halibut per person per day.
(i) Halibut taken for ceremonial and subsistence purposes shall not
be offered for sale or sold.
(j) Any member of a U.S. treaty Indian tribe, as defined in
paragraph (b) of this section, who is engaged in commercial or
ceremonial and subsistence fishing under this part must have on his or
her person a valid treaty Indian identification card issued pursuant to
25 CFR part 249, subpart A, and must comply with the treaty Indian
vessel and gear identification requirements of Final Decision No. 1 and
subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash. 1974).
(k) The following table sets forth the fishing areas of each of the
12 treaty Indian tribes fishing pursuant to this section. Within
subarea 2A-1, boundaries of a tribe's fishing area may be revised as
ordered by a Federal court.
TRIBE***Boundaries
HOH***Between 47 deg.54'18'' N. lat. (Quillayute River) and
47 deg.21'00'' N. lat. (Quinault River), and east of 125 deg.44'00'' W.
long.
JAMESTOWN KLALLAM***Those locations in the Strait of Juan de Fuca
and Puget Sound as determined in or in accordance with Final Decision
No. 1 and subsequent orders in United States v. Washington, 384 F.
Supp. 312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1486, to
be places at which the Jamestown Klallam Tribe may fish under rights
secured by treaties with the United States.
LOWER ELWHA KLALLAM***Those locations in the Strait of Juan de Fuca
and Puget Sound as determined in or in accordance with Final Decision
No. 1 and subsequent orders in United States v. Washington, 384 F.
Supp. 312 (W.D. Wash. 1974), and particularly at 459 F. Supp. 1049 and
1066 and 626 F. Supp. 1443, to be places at which the Lower Elwha
Klallam Tribe may fish under rights secured by treaties with the United
States.
LUMMI***Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final Decision No. 1 and
subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash. 1974), and particularly at 384 F. Supp. 360, as modified in
Subproceeding No. 89-08 (W.D. Wash. February 13, 1990) (decision and
order re: cross-motions for summary judgement), to be places at which
the Lummi Tribe may fish under rights secured by treaties with the
United States.
MAKAH***North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west
of 123 deg.42'30'' W. long., and east of 125 deg.44'00'' W. long.
PORT GAMBLE KLALLAM***Those locations in the Strait of Juan de Fuca
and Puget Sound as determined in or in accordance with Final Decision
No. 1 and subsequent orders in United States v. Washington, 384 F.
Supp. 312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1442, to
be places at which the Port Gamble Klallam Tribe may fish under rights
secured by treaties with the United States.
QUILEUTE***Between 48 deg.07'36'' N. lat. (Sand Point) and
47 deg.31'42'' N. lat. (Queets River), and east of 125 deg.44'00'' W.
long.
QUINAULT***Between 47 deg.40'06'' N. lat. (Destruction Island) and
46 deg.53'18'' N. lat. (Point Chehalis), and east of 125 deg.44'00'' W.
long.
SKOKOMISH***Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final Decision No. 1
[[Page 2931]] and subsequent orders in United States v. Washington, 384
F. Supp. 312 (W.D. Wash. 1974), and particularly at 384 F. Supp. 377,
to be places at which the Skokomish Tribe may fish under rights secured
by treaties with the United States.
SUQUAMISH***Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final Decision No. 1 and
subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places
at which the Suquamish Tribe may fish under rights secured by treaties
with the United States.
SWINOMISH***Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final Decision No. 1 and
subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places
at which the Swinomish Tribe may fish under rights secured by treaties
with the United States.
TULALIP***Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final Decision No. 1 and
subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash. 1974), and particularly at 626 F. Supp. 1531-1532, to be
places at which the Tulalip Tribe may fish under rights secured by
treaties with the United States.
7. In Sec. 301.21, paragraph (d)(2) is revised and paragraphs (n),
(o), (p), and (q) are added to read as follows:
Sec. 301.21 Sport fishing for halibut.
* * * * *
(d) * * *
(2) The sport fishing subareas, subquotas, fishing dates, and daily
bag limits implemented by NMFS are as follows, except as modified under
the inseason actions in paragraph (d)(3) of this section. All sport
fishing in 2A (except for fish caught in the North Washington coast
area and landed into Neah Bay) is managed on a ``port of landing''
basis, whereby any halibut landed into a port counts toward the quota
for the area in which that port is located, and the regulations
governing the area of landing apply, regardless of the specific area of
catch.
(i) In Puget Sound and the U.S. waters in the Strait of Juan de
Fuca, east of a line 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 subquota. This area is
managed by setting a season that is projected to result in a catch of
33,320 lb (15.11 mt).
(A) The fishing season is May 18 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 subquota for landings into
ports in this area is 68,663 lb (31.15 mt). Landings into Neah Bay of
halibut caught in this area will count against this subquota and are
governed by the regulations in this paragraph (d)(2)(ii).
(A) This area has two seasons.
(1) The first fishing season commences on May 2 and continues 5
days a week (Tuesday through Saturday) until May 27 or until 68,663 lb
(31.15 mt) are estimated to have been taken and the season is closed by
the Commission, whichever occurs first.
(2) If sufficient quota remains for this area, the second season
commences on July 1 and continues until September 30, or the quota of
68,663 lb (31.15 mt) for this area is estimated to have been taken and
the season is closed by the Commission, whichever occurs first.
(B) The daily bag limit is one halibut of any size per day per
person.
(C) A portion of this area about 19.5 nm (36.1 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.17'00'' N.
lat., 125 deg.10'00'' W. long.; 48 deg.17'00'' N. lat., 125 deg.00'00''
W. long.; 48 deg.05'00'' N. lat., 125 deg.10'00'' W. long.; and,
48 deg.05'00'' N. lat., 125 deg.00'00'' W. long.
(iii) In the area between the Queets River, WA and Leadbetter
Point, WA (46 deg.38'10'' N. lat.), the subquota for landings into
ports in this area is 14,637 lb (6.64 mt).
(A) The fishing season commences on May 1 and continues every day
through September 30 or until 14,637 lb (6.64 mt) are estimated to have
been taken and the season is closed by the Commission, 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 is closed to sport
fishing for halibut. The closed area is west of 124 deg.40'00'' W.
long. and north of 47 deg.10'00'' N. lat. If, on September 1,
sufficient quota remains for at least 1 day of fishing, the Commission
will, by inseason action as specified at Sec. 301.4 of this part,
remove the geographical restriction on each Tuesday until the fishery
is closed.
(iv) In the area between Leadbetter Point, WA and Cape Falcon, OR
(45 deg.46'00'' N. lat.), the subquota for landings into ports in this
area is 4,440 lb (2.01 mt).
(A) The fishing season commences on May 1 and continues every day
through September 30 or until 4,440 lb (2.01 mt) are estimated to have
been taken and the season is closed by the Commission, whichever occurs
first.
(B) The daily bag limit is one halibut with a minimum overall size
limit of 32 in (81.3 cm).
(v) In the area off Oregon between Cape Falcon and the Siuslaw
River (44 deg.01'08'' N. lat.), the subquota for landings into ports in
this area is 91,052 lb (41.3 mt).
(A) The fishing seasons are:
(1) Commencing May 4 and continuing 3 days a week (Thursday through
Saturday) until 65,102 lb (29.53 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 2, 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 3,187 lb (1.45 mt) or the area
subquota 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 3 and continuing 3 days a week (Thursday
through Saturday) through September 30, or until the combined subquotas
for the areas described in paragraphs (d)(2)(v) and (vi) of this
section totaling 98,262 lb (44.57 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 in (81.3 cm) and the second with a minimum overall
size limit of 50 in (127.0 cm).
(vi) In the area off Oregon between the Siuslaw River and the
California border (42 deg.00'00'' N. lat.), the subquota for landings
into ports in this area is 7,210 lb (3.27 mt).
(A) The fishing seasons are:
(1) Commencing May 4 and continuing 3 days a week (Thursday through
Saturday) until 5,768 lb (2.62 mt) are estimated to have been taken
[[Page 2932]] 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 2, 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 1,442 lb (0.65 mt) or the
area subquota is estimated to have been taken (except that any poundage
remaining unharvested after the earlier season will be added to this
season) and the area is closed by the Commission, whichever is earlier.
(3) Commencing August 3 and continuing 3 days a week (Thursday
through Saturday) through September 30, or until the combined subquotas
for the areas described in paragraphs (d)(2)(v) and (vi) of this
section totaling 98,262 lb (44.57 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 in (81.3 cm) and the second with a minimum overall
size limit of 50 in (127.0 cm).
(vii) In the area off the California coast, there is no subquota.
This area is managed on a season that is projected to result in a catch
of less than 2,678 lb (1.21 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 in (81.3 cm).
* * * * *
(n) The possession limit for halibut on land in Area 2A north of
Cape Falcon, OR is two daily bag limits.
(o) The possession limit for halibut on land in Area 2A south of
Cape Falcon, OR is one daily bag limit.
(p) A vessel licensed to fish for halibut in the Area 2A sport
fishery shall not be used to fish for halibut in the Area 2A commercial
fishery in the same calendar year.
(q) A vessel licensed to fish for halibut in the Area 2A commercial
fishery shall not be used to fish for halibut in the Area 2A sport
fishery during the same calendar year.
8. Sections 301.22 and 301.23 are redesignated 301.24 and 301.25
respectively, and new Secs. 301.22 and 301.23 are added to read as
follows:
Sec. 301.22 Fishery election in Area 2A.
(a) A vessel that fishes in Area 2A may participate in only one of
the following three fisheries in Area 2A:
(1) The recreational fishery under Sec. 301.21;
(2) The commercial directed fishery for halibut during the fishing
period(s) established in Sec. 301.7(b); or
(3) The incidental catch fishery during the salmon troll fishery as
authorized in Sec. 301.7(j).
(b) No person shall fish for halibut in the recreational fishery in
Area 2A under Sec. 301.21 from a vessel that has been used during the
same calendar year for commercial fishing in Area 2A or that has been
issued a permit for the same calendar year for the commercial fishery
in Area 2A.
(c) No person shall fish for halibut in the directed halibut
fishery in Area 2A during the fishing periods established in
Sec. 301.7(b) 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 Sec. 301.7(j).
(d) No person shall fish for halibut in the directed commercial
halibut fishery in Area 2A from a vessel that, during the same calendar
year, has been used in the recreational halibut fishery in Area 2A or
that is licensed for the recreational halibut fishery in Area 2A.
(e) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under Sec. 301.7(j) taken on a vessel that,
during the same calendar year, has been used in the recreational
halibut fishery in Area 2A or that is licensed for the recreational
halibut fishery in Area 2A.
(f) No person shall retain halibut in the salmon troll fishery in
Area 2A as authorized under Sec. 301.7(j) taken on a vessel that,
during the same calendar year, has been used in the directed commercial
fishery during the fishing periods established in Sec. 301.7(b) for
Area 2A or that is licensed to participate in the directed commercial
fishery during the fishing periods established in Sec. 301.7(b) in Area
2A.
Sec. 301.23 Catch sharing plan for Area 2A
(a) This Plan constitutes a framework that shall be applied to the
annual Area 2A total allowable catch (TAC) approved by the Commission
each January. The framework shall be implemented in both Commission
regulations and domestic regulations (implemented by NMFS) as published
in the Federal Register as rulemaking in Secs. 301.1 through 301.22 of
this part.
(b) This 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 sport fishery in the Columbia River area (Leadbetter
Point to Cape Falcon) will receive 2 percent of the Washington sport
allocation plus
2 percent of the Oregon/California sport allocation. The California
sport fishery is allocated 2.6 percent of the Oregon/California sport
allocation. These allocations may be changed if new information becomes
available that indicates a change is necessary and/or the Pacific
Fishery Management Council takes action to reconsider its allocation
recommendations. Such changes will be made after appropriate rulemaking
is completed and published in the Federal Register.
(c) The allocations in this Plan are distributed as subquotas to
ensure that any overage or underage by any one group will not affect
achievement of an allocation set aside for another group. The specific
allocative measures in the treaty Indian, non-Indian commercial, and
non-Indian sport fisheries in Area 2A are described in paragraphs (d)
through (f) of this section.
(d) Thirty-five percent of the Area 2A TAC is allocated to 12
treaty Indian tribes in subarea 2A-1, which includes that portion of
Area 2A north of Point Chehalis, WA (46 deg.53'18'' N. lat.) and east
of 125 deg.44'00'' W. long. The treaty Indian allocation is to provide
for a tribal commercial fishery and a ceremonial and subsistence
fishery. These two fisheries are managed separately; any overages in
the commercial fishery do not affect the ceremonial and subsistence
fishery. The commercial fishery is managed to achieve an established
subquota, while the ceremonial and subsistence fishery is managed for a
year-round season. The tribes will estimate the ceremonial and
subsistence harvest expectations in January of each year, and the
remainder of the allocation will be for the tribal commercial fishery.
(1) 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. Halibut taken for ceremonial
and subsistence purposes may not be offered for sale or sold.
(2) The tribal commercial fishery begins on March 1 and continues
through October 31 or until the tribal commercial subquota is taken,
[[Page 2933]] whichever is earlier. Any halibut sold by treaty Indians
during the commercial fishing season must comply with Commission
regulations on size limits for the non-Indian fishery.
(e) The non-Indian commercial fishery is allocated 20.6 percent of
the Area 2A TAC. The commercial fishery is divided into two components:
A directed fishery targeting on halibut, and an incidental catch
fishery during the salmon troll fisheries off Washington, Oregon, and
California.
(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 the
May through June salmon fisheries. The subquota for this incidental
catch fishery is 3.1 percent of the Area 2A TAC. One halibut (in
compliance with the Commission minimum size limit of 32 in (81.3 cm))
may be landed for each 25 chinook landed by a salmon troller. A salmon
troller must have 25 chinook onboard before retaining a halibut. NMFS
may adjust this ratio preseason, after the halibut and chinook quotas
are established. NMFS will publish adjustments to the ratio annually in
the Federal Register, along with the salmon management measures. A
salmon troller may participate in this fishery or in the directed
commercial fishery targeting on halibut, but not in both. Any poundage
remaining in the subquota for this fishery after the May through June
salmon troll season will be made available inseason to the directed
halibut fishery. If the Commission determines that poundage remaining
in the subquota for the directed fishery is insufficient to allow an
additional day of directed halibut fishing, the remaining directed
harvest subquota will be made available inseason for the fall salmon
troll fisheries.
(2) Directed fishery targeting on halibut. Eighty-five percent of
the non-Indian commercial fishery allocation is allocated to the
directed fishery targeting on halibut (e.g., longline fishery) in
southern Washington, Oregon, and California. The subquota for this
directed catch fishery is 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.). The commercial fishery opening date(s),
duration, and vessel trip limits for this fishery, as necessary to
ensure that the subquota for this fishery is not exceeded, will be
determined by the Commission and implemented in Commission regulations.
If the Commission determines that poundage remaining in the subquota
for this fishery is insufficient to allow an additional day of directed
halibut fishing, the remaining subquota will be made available for
incidental catch of halibut in the fall salmon troll fisheries.
(3) Commercial license restrictions/declarations. Commercial
fishers must obtain a license to fish for halibut in Area 2A by May 1
of each year. 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. Fishing vessels that are
issued Commission 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) Sport fisheries. The non-Indian sport fisheries are allocated
68.3 percent of the non-Indian share, which is 44.4 percent of the Area
2A TAC. The Washington sport fishery (north of the Columbia River) is
allocated 53.6 percent of the non-Indian sport allocation and Oregon/
California is allocated 46.4 percent. The allocations are further
subdivided as subquotas among seven geographic subareas as described in
paragraph (f)(1) of this section.
(1) Subarea management. The sport fishery is divided into seven
sport fishery subareas, each having separate allocations and management
measures as follows:
(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: 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 subquota. No inseason adjustments will be made, and
estimates of actual catch will be made post season. The fishery opens
on either May 18 or 25 and continues at least through
July 4 until a date established preseason when the subquota is
predicted to be taken, or until September 30, whichever is earlier. If
May 18 and 25 falls on a Tuesday or Wednesday, the fishery will open on
the following Thursday. The season opens
5 days per week (closed on Tuesdays and Wednesdays). The daily bag
limit is one fish per person, with no size limit.
(ii) Washington north coast subarea. This sport fishery subarea is
allocated 57.7 percent of the Washington sport allocation, which equals
13.73 percent of the Area 2A TAC. This subarea is defined as all U.S.
waters west of the Bonilla-Tatoosh line, as defined in paragraph
(f)(1)(i) of this section, and north of the Queets River (lat.
47 deg.31'42'' N.). The structuring objective for this subarea is to
maximize the season length for viable fishing opportunity and, if
possible, stagger the seasons to spread out this opportunity to anglers
who utilize these remote grounds. The fishery opens on May 1 and
continues 5 days per week (closed on Sundays and Mondays). If May 1
falls on a Sunday or Monday, the fishery will open on the following
Tuesday. The highest priority is for the season to last through the
month of May. If sufficient quota remains, the second priority is to
establish a fishery that will be open July 1 through at least July 4.
If the preseason prediction indicates that these two goals can be met
without utilizing the quota for this subarea, the next priority is to
open the May fishery 7 days per week and extend it into June as long as
possible. No sport fishing for halibut is allowed after September 30.
The daily bag limit in all fisheries is one halibut per person with no
size limit. A closure to sport fishing for halibut will be established
in an area that is approximately 19.5 nm (36.1 km) southwest of Cape
Flattery. The size of this closed area may be modified preseason by
NMFS to maximize the season length. The closed area is defined as the
area within a rectangle defined by these four corners: 48 deg.17'00''
N. lat., 125 deg.10'00'' W. long.; 48 deg.17'00'' N. lat.,
125 deg.00'00'' W. long.; 48 deg.05'00'' N. lat., 125 deg.10'00'' W.
long.; and, 48 deg.05'00'' N. lat., 125 deg.00'00'' W. long.
(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
[[Page 2934]] per week until the subquota is estimated to have been
taken, or September 30, whichever is earlier. 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. This closure may be removed through inseason action by NMFS under
Sec. 301.21(b)(3) of this part after September 1, for 1 day each week
on Tuesday only, if NMFS determines that sufficient subarea quota
remains to allow for 1 day of fishing without geographic restriction.
(iv) Columbia river subarea. This sport fishery subarea is
allocated 2.0 percent of the Washington sport allocation plus 2.0
percent of the Oregon/California sport allocation, which combined
equals 0.89 percent of the Area 2A TAC. This subarea is defined as
waters south of Leadbetter Point, WA (46 deg.38'10'' N. lat.) and north
of Cape Falcon, OR (45 deg.46'00'' N. lat.). The structuring objective
for this subarea is to provide for a non-directed halibut sport fishery
of not more than 5 months duration out of the Columbia River ports. The
fishery will open on May 1 and continue 7 days per week until the
subquota is estimated to have been taken, or September 30, whichever is
earlier. The daily bag limit is one halibut per person, with a 32-in
(81.3 cm) minimum size.
(v) Oregon central coast subarea (Applicable through December 31,
1995). 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 in June and July, especially 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)(2)(v)(A) through (C) of this
section. The daily bag limit for all seasons is two halibut per person,
one with a minimum 32-in (81.3 cm) size limit and the second with a
minimum 50-in (127.0 cm) size limit.
(A) The first season is an all-depth fishery that begins on May 4,
and continues 3 days per week (Thursday through Saturday) until 71.5
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 3.5 percent of the subarea quota is taken, or August 2,
whichever is earlier.
(C) The last season begins on August 3, with no depth restrictions,
and continues 3 days per week (Thursday through Saturday), 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 (Applicable through December 31,
1995). 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 conditions very often do not allow
scheduled fishing trips. This subarea has three seasons as set out in
paragraphs (f)(2)(vi)(A) through (C) of this section. The daily bag
limit for all seasons is two halibut per person, one with a minimum 32-
in (81.3 cm) size limit and the second with a minimum 50-in (127.0 cm)
size limit.
(A) The first season is an all-depth fishery that begins on May 4,
and continues 3 days per week (Thursday through Saturday) 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
August 2, whichever is earlier.
(C) The last season begins on August 3, with no depth restrictions,
and continues 3 days per week (Thursday through Saturday), until the
combined Oregon subarea quotas south of Falcon are estimated to have
been taken, or September 30, whichever is earlier.
(vii) California subarea. This sport fishery subarea is allocated
2.6 percent of the Oregon/California subquota, which is 0.54 percent of
the Area 2A TAC. This area is defined as the area south of the
California border (42 deg.00'00'' N. lat.). The structuring objective
for this subarea is to provide anglers in California the opportunity to
fish in a continuous, fixed season that is open from May 1 through
September 30. The daily bag limit is one halibut per person, with a
minimum 32-in (81.3 cm) size limit. Due to inability to monitor the
catch in this area inseason, a fixed season will be established by
NMFS, preseason, 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 post season.
(2) Port of landing management. All sport fishing in Area 2A
(except for fish caught in the Washington north coast subarea and
landed in Neah Bay) will be managed on a ``port of landing'' basis,
whereby any halibut landed into a port will count toward the quota for
the subarea in which that port is located, and the regulations
governing the subarea of landing apply, regardless of the specific area
of catch. The one exception is for halibut caught west of the Bonilla-
Tatoosh line and landed in Neah Bay, which are counted against the
Washington north coast subarea quota, and are governed by the
regulations governing the Washington north coast subarea.
(3) Possession limits. The sport possession limit on land north of
Cape Falcon, OR 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 Cape Falcon is the same as the bag limit.
(4) Ban on sport vessels in the commercial fishery. Vessels
operating in the sport fishery are be prohibited from operating in the
commercial fishery. Charterboat operators must choose, prior to May 1
of each year, whether they will obtain a charterboat license from the
Commission or a commercial license, but cannot obtain both. Sport
fishing for halibut is prohibited from a vessel licensed to fish
commercially for halibut in Area 2A.
(g) Procedures for implementation. Each year, NMFS will publish a
proposed rule with any regulatory modifications necessary to implement
the Plan for the following year, with a request for public comments.
The comment period will extend until after the Commission's annual
meeting, so that the public will have the opportunity to consider the
final Area 2A TAC before submitting comments. [[Page 2935]] After the
Area 2A TAC is known, and after NMFS reviews public comments, NMFS will
implement final rules governing the sport fisheries. The final ratio of
halibut to chinook to be allowed as incidental catch in the salmon
troll fishery will be published with the annual salmon management
measures. Inseason actions in the sport fisheries as stipulated in this
Plan will be accomplished in accordance with Sec. 301.21(d)(4).
[FR Doc. 95-805 Filed 1-9-95; 1:32 pm]
BILLING CODE 3510-22-F
