[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Proposed Rules]
[Pages 3693-3699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1803]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 980113012-8012-01; 121197B]
RIN 0648-AK57
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 to approve and implement changes to the Area 2A
Pacific halibut Catch Sharing Plan (Plan): (1) To adjust the Washington
sport allocation; (2) to provide for an incidental catch of halibut in
the commercial sablefish fishery off Washington under certain
circumstances; and (3) to adjust management of the sport fisheries off
Oregon and Washington under authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act). NMFS also proposes
[[Page 3694]]
sport fishery regulations to implement the Plan in 1998. A draft
environmental assessment and regulatory impact review (EA/RIR) on this
action also is available for public comment.
DATES: Comments must be received by February 17, 1998.
ADDRESSES: Send comments or requests for a copy of the Plan to William
Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115.
FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6143.
SUPPLEMENTARY INFORMATION: The Halibut Act of 1982 at 16 U.S.C. 773c
provides that the Secretary of Commerce (Secretary) shall have general
responsibility to carry out the Halibut Convention between the United
States and Canada and that the Secretary shall adopt such regulations
as may be necessary to carry out the purposes and objectives of the
Convention and the Halibut Act. Section 773c(c) also authorizes the
Regional Fishery Management Council having authority for the geographic
area concerned to develop regulations governing the Pacific halibut
catch in U.S. Convention waters that are in addition to, but not in
conflict with, regulations of the International Pacific Halibut
Commission (IPHC). Accordingly, catch sharing plans to allocate the
total allowable catch (TAC) of Pacific halibut between treaty Indian
and non-Indian harvesters, and among non-Indian commercial and sport
fisheries in IPHC statistical Area 2A (off Washington, Oregon, and
California) have been developed each year since 1988 by the Pacific
Fishery Management Council (Council) in accordance with the Halibut
Act. In 1995, NMFS implemented a Council-recommended long-term Plan (60
FR 14651, March 20, 1995) which was revised in 1996 (61 FR 11337, March
20, 1996) and 1997 (62 FR 12759, March 16, 1997). 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 two sectors; a directed
commercial fishery that is allocated 85 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 areas each with separate allocations, seasons, and bag
limits.
Council Recommended Changes to the Plan
At its September 1997 public meeting, the Council adopted proposing
for public comment, the following changes to the Plan: (1) Modifying
the Washington sport subarea allocations and seasons at TACs in excess
of recent years TACs and providing an allocation to an incidental catch
commercial fishery off Washington at TACs greater than 900,000 lb
(408.2 mt); and, (2) re-structuring the Oregon sport fisheries to
framework the opening dates for the May and August all-depth seasons,
and modifying the management of the south coast subarea to provide a
fixed season or to combine the central and south coast subareas into
one subarea.
At its November 1997 public meeting, the Council considered the
results of State sponsored workshops on the proposed changes to the
Plan and public comment, and made final recommendations for eight
modifications to the Plan as follows:
(1) Revise the distribution of the Washington sport allocation
among the Washington sport fishery subareas when the Area 2A TAC is
above 550,000 lb (249.5 mt) to facilitate expanded season lengths. When
the Washington sport allocation is between 130,845 lb (59.4 mt) and
224,110 lb (101.7 mt), 32 percent of the amount between 130,845 lb
(59.4 mt) and 224,110 lb (101.7 mt) is distributed each to the
Washington Inside Waters (Puget Sound) subarea, the Washington North
Coast subarea, and the Washington South Coast subarea. The Columbia
River subarea receives the remaining 4 percent of the Washington sport
allocation between 130,845 lb (59.4 mt) and 224,110 lb (101.7 mt). When
the Washington sport allocation is above 224,110 lb (101.7 mt), 32
percent of the amount between 130,845 lb (59.4 mt) and 214,110 lb (97.1
mt) is distributed to each of the 3 Washington sport subareas described
above and the remaining 4 percent is allocated to the Columbia River
subarea.
(2) Revise the distribution of the Washington sport allocation when
the Area 2A TAC is above 942,040 lb (427.3 mt) to provide for retention
of incidentally caught halibut in the primary directed sablefish
fishery north of Point Chehalis, WA. When the Washington sport
allocation is above 224,110 lb (101.7 mt), any amount of that
allocation above 214,110 lb (97.1 mt) is allocated to this fishery. The
area north of Point Chehalis has been closed to the directed commercial
fishery in recent years and this revision allows commercial sablefish
fishers operating in this area an opportunity to retain incidentally
caught halibut in years when the Area 2A TAC is high.
(3) Revise the sport season structure priorities for the Washington
north coast subarea to extend the season for 5 days per week through
June after achieving priorities for a 5 day per week season in May and
a July 1-4 opening.
(4) Revise the sport season structure for the Washington south
coast subarea to have a 5 day per week season with closures on Friday
and Saturday to extend the season and increase fishing opportunity.
(5) Establish a framework opening date for the May and August sport
fisheries in Oregon south of Cape Falcon, OR to allow fishers to know
in advance what day the fishery will open each year and allow fishers
to better plan and schedule fishing trips.
(6) Establish a fixed season for the Oregon south coast subarea
sport fishery in May (similar to the fixed season in the Oregon central
coast sport fishery) to allow fishers to better plan and schedule
fishing trips. Fixed season open dates would be established preseason
based on projected catch per day and number of days to achievement of
each subarea season subquota for the May and August fisheries in Oregon
south of Cape Falcon.
(7) Revise the structuring of the August sport fishery off Oregon
(Cape Falcon, OR to the Oregon/California border) to provide for a
restricted fishery inside 30 fathoms if the remaining quota is
insufficient to allow for one day of an all-depth fishery.
(8) Revise the inseason management measures to allow the transfer
of allocations between sport fishery subareas north of Cape Falcon, OR
that are projected to be unused as of September 30 of each year. This
would allow unused allocations to be utilized by Washington sport
subareas with short seasons.
NMFS is proposing to implement the eight changes to the Plan
recommended by the Council as well as one addition to the Plan to
better implement the Council's intent and several minor corrections to
the Plan. The implementation provisions for the incidental catch of
halibut in the salmon troll fishery would be clarified, as proposed
below, to stipulate that the August season is closed unless notice of
an opening is provided on the NMFS hotline. The term ``Regional
Director''
[[Page 3695]]
would be changed to ``Regional Administrator'' in several places in the
Plan. The word ``approximately'' would be added to references to the
percentages of the Area 2A TAC in the Plan where the percentage is
rounded to the nearest tenth.
In addition, NMFS is proposing several changes to the Plan to
eliminate reference to IPHC charterboat licenses because the IPHC is
proposing to eliminate its license requirements for charterboats. The
proposed changes to the Plan on charterboat licenses would not change
the effect of the Plan of preventing commercial fishers from accessing
the sport allocation (i.e., operating in the sport fisheries) and
conversely preventing sport fishers from participating in the
commercial fishery because the remaining commercial license
requirements provide an adequate regulatory mechanism.
Proposed Changes to the Catch Sharing Plan
Accordingly, NMFS is proposing to approve the Council
recommendations and proposes the following changes to the Plan:
Section (b) of the Plan would be modified to read as follows:
This Plan allocates 35 percent of the Area 2A TAC to U.S. treaty
Indian tribes in the State of Washington 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. Allocations within the non-
Indian commercial and sport fisheries are described in sections (e) and
(f) of this Plan. 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.
In section (e) Non-Indian Commercial Fisheries, the first paragraph
would be revised to read as follows:
The non-Indian commercial fishery is allocated 31.7 percent of the
non-Indian allocation for a directed halibut fishery and an incidental
catch fishery during the salmon troll fishery. The non-Indian
commercial allocation is approximately 20.6 percent of the Area 2A TAC.
Incidental catch of halibut in the primary directed sablefish fishery
north of Point Chehalis, WA will be authorized if the Washington sport
allocation exceeds 224,110 lb (101.7 mt) as described in section (e)(3)
of this Plan. The structuring and management of these three fisheries
is as follows.''
In section (e) Non-Indian Commercial Fisheries, paragraph (3) would
be renumbered (4), and would be revised to read as follows:
Commercial license restrictions/declarations. Commercial fishers
must choose either (1) to operate in the directed halibut commercial
fishery in Area 2A and/or retain halibut caught incidentally in the
primary directed sablefish fishery north of Point Chehalis, WA or (2)
to retain halibut caught incidentally during the salmon troll fishery.
Commercial fishers operating in the directed halibut fishery and/or
retaining halibut incidentally caught in the primary directed sablefish
fishery must send their license application to the IPHC postmarked no
later than April 30, or the first weekday in May, if April 30 falls on
a weekend, in order to obtain a license to fish for halibut in Area 2A.
Commercial fishers operating in the salmon troll fishery who seek to
retain incidentally caught halibut must send their application for a
license to the IPHC for the incidental catch of halibut in Area 2A
postmarked no later than March 31, or the first weekday in April, if
March 31 falls on a weekend. Fishing vessels licensed by IPHC to fish
commercially in Area 2A are prohibited from operating in the sport
fisheries in Area 2A.
In section (e) Non-Indian Commercial Fisheries, a new paragraph (3)
would be added to read as follows:
Incidental catch in the sablefish fishery north of Point Chehalis.
If the Area 2A TAC is greater than 900,000 lb (408.2 mt), the primary
directed sablefish fishery north of Point Chehalis will be allocated
the Washington sport allocation that is in excess of 214,110 lb (97.1
mt), provided a minimum of 10,000 lb (4.5 mt) is available (i.e., the
Washington sport allocation is 224,110 lb (101.7 mt) or greater). If
the amount above 214,110 lb (97.1 mt) is less than 10,000 lb (4.5 mt),
then the excess will be allocated to the Washington sport subareas
according to section (f) of this Plan. The Council will recommend
landing restrictions at its spring public meeting each year to control
the amount of halibut caught incidentally in this fishery. The landing
restrictions will be based on the amount of the allocation and other
pertinent factors, and may include catch or landing ratios, landing
limits, or other means to control the rate of halibut landings. NMFS
will publish the landing restrictions annually in the Federal Register.
In section (f) Sport Fisheries, the first paragraph would be
revised to read as follows:
The non-Indian sport fisheries are allocated 68.3 percent of the
non-Indian share, which is approximately 44.4 percent of the Area 2A
TAC. The allocation is further divided as subquotas among seven
geographic subareas.
In section (f) Sport Fisheries, paragraphs (1)(i) through (vi) for
each sport fishery subarea would be revised as follows:
The first sentence of paragraph (i) would be revised to read as
follows:
Washington inside waters (Puget Sound) subarea. This sport fishery
subarea is allocated 28.0 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).
The first sentence of paragraph (ii) would be revised to read as
follows:
Washington north coast subarea. This sport fishery subarea is
allocated 57.7 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).'' Also, the third
priority for the structuring of the season would be revised to read as
follows:
If the preseason prediction indicates that these two goals can be
met without utilizing the quota for this subarea, then the next
priority is to extend the fishery into June and continue for 5 days per
week (Tuesday through Saturday) for as long a period as possible.
The first sentence of paragraph (iii) would be revised to read as
follows:
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).'' Also, the
opening of the fishery would be revised to read as follows: ``The
fishery will open on May 1 and continue five days per week (Sunday
through Thursday) until 1,000 lb (0.45 mt) are projected to remain in
the subarea quota. If May 1 falls on a Friday or Saturday, the fishery
will open on the following Sunday.
The first sentence of paragraph (iv) would be revised to read as
follows:
Columbia River subarea. This sport fishery subarea is allocated 2.0
percent
[[Page 3696]]
of the first 130,845 lb (59.4 mt) allocated to the Washington sport
fishery, and 4 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 also is allocated 2.0
percent of the Oregon/California sport allocation.
Paragraphs (v), (v)(A), (v)(B) and (v)(C) of the Plan for the
Oregon central coast subarea are revised to read as follows:
Oregon central coast subarea. If the Area 2A TAC is 388,350 lb
(176.2 mt) and above, this subarea extends from Cape Falcon to the
Siuslaw River at the Florence north jetty (44 deg.01'08'' N. lat.) and
is allocated 88.4 percent of the Oregon/California sport allocation,
which is approximately 18.21 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 California border and is allocated 95.4 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 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
subarea quota is 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 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
one or more of these additional dates, 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 subquotas from earlier seasons will be
added to the next season. The daily bag limit for all seasons is two
halibut per person, one with a minimum 32-inch (81.3-cm) size limit and
the second with a minimum 50-inch (127.0 cm) size limit. 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 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 first 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.
(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
daily until 7 percent of the subarea quota is taken, or until the day
before the first Friday in August, whichever is earlier.
(C) The last season is a coastwide (Cape Falcon, OR to Oregon/
California border) 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 subarea quotas
south of Cape Falcon, OR. The all-depth fishery will be structured for
2 days per week (Friday and Saturday). No inseason adjustments will be
made unless the combined Oregon subarea quota is estimated to be
achieved. Additional openings of the all-depth fishery (established
preseason) may be allowed if quota remains unharvested. If quota
remains unharvested, but is insufficient for one day of an all-depth
fishery, the sport fishery from Cape Falcon, OR to the Oregon/
California border will be reopened in the area inside the 30-fathom (55
m) curve and will continue each day until the combined Oregon subarea
quotas (south of Cape Falcon) are estimated to have been taken, or
September 30, whichever is earlier.
Paragraphs (vi), (vi)(A), (vi)(B) and (vi)(C) of the Plan for the
Oregon south coast subarea would be revised to read as follows:
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 the California border
(42 deg.00'00'' N. lat.) and is allocated 7.0 percent of the Oregon/
California sport allocation, which is approximately 1.44 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
subarea quota is 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 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 one or more of these
additional dates, 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 subquotas from earlier seasons will be added to the next season.
The daily bag limit for all seasons is two halibut per person, one with
a minimum 32-inch (81.3-cm) size limit and the second with a minimum
50-inch (127.0 cm) size limit. 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
[[Page 3697]]
year. The three seasons for this subarea are as follows.
(A) The first 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 first 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.
(B) The second season is a restricted area fishery that is
allocated 20 percent of the subarea quota. The restricted season opens
the day following closure of the first season, only in waters inside
the 30-fathom (55 m) curve, and continues daily until the subarea quota
is estimated to have been taken, or until the day before the first
Friday in August, whichever is earlier.
(C) The last season is a coastwide (Cape Falcon, OR to Oregon/
California border) 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 subarea quotas south of Cape Falcon, OR. The all-depth
fishery will be structured for 2 days per week (Friday and Saturday).
No inseason adjustments will be made unless the combined Oregon subarea
quota is estimated to be achieved. Additional openings of the all-depth
fishery (established preseason) may be allowed if quota remains
unharvested. If quota remains unharvested, but is insufficient for one
day of an all-depth fishery, the sport fishery from Cape Falcon, OR to
the Oregon/California border will be reopened in the area inside the
30-fathom (55 m) curve and will continue each day until the combined
Oregon subarea quotas is estimated to have been taken, or September 30,
whichever is earlier.
Paragraph (f)(5)(i) on flexible inseason management provisions
would be revised to read as follows:
The Regional Administrator, NMFS Northwest Region, after
consultation with the Chairman of the Pacific Fishery Management
Council, the IPHC Executive Director, and the Fisheries Director(s) of
the affected state(s), is authorized to modify regulations during the
season after making the following determinations: (A) The action is
necessary to allow allocation objectives to be met. (B) The action will
not result in exceeding the catch limit for the area. (C) If any of the
sport fishery subareas north of Cape Falcon, OR are not projected to
utilize their respective quotas by September 30, NMFS may take inseason
action to transfer any projected unused quota to a Washington sport
subarea projected to have the fewest number of sport fishing days in
the calendar year.
In section (f)(5)(ii) on flexible inseason management, a new
paragraph (E) is added to read as follows:
Modification of subarea quotas north of Cape Falcon, OR consistent
with the standards in section (f)(5)(i)(C) of this Plan.
Proposed 1998 Sport Fishery Management Measures
NMFS also proposes sport fishery management measures necessary to
implement the Plan in 1998. It is unknown at this time what the 1998
TAC will be, but information available from the IPHC indicates the TAC
may be similar to 1997. The final TAC will be determined by the IPHC at
its annual meeting in January 1998. The proposed 1998 sport fishery
regulations based on the 1997 Area 2A TAC of 700,000 lb (317.5 mt) are
as follows:
Washington Inside Waters Subarea (Puget Sound and Straits)
This subarea would be allocated 48,056 lb (21.8 mt) at an Area 2A
TAC of 700,000 lb (317.5 mt) in accordance with the revised Plan.
Although the allocation is 3 percent greater than 1997, the season
length would be reduced from 59 days open in 1997 because of increased
catch per day open (1,470 lb (0.7 mt) per day in 1997 compared to 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 total of 76 FEDs
were calculated (for a subarea quota of 48,056 lb (21.8 mt)) based on
an average catch of 626 lb (0.3 mt) per FED in the past 3 years. The
proposed number of open days for 1998 was then based on setting a
season that opens in May and continues at least through July 4 in
accordance with the Plan. If the season structuring is similar to 1997,
then there would be a 47 day season that would open on May 21
(Thursday) and continue for 5 days per week (Thursday through Monday)
through July 24 (Friday) when the season would close. The final
determination of the season dates that will be open would be based on
the allowable harvest level, projected 1998 catch rates, and
recommendations developed in a public workshop sponsored by Washington
Department of Fish and Wildlife after the 1998 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 86,917 lb (39.4 mt) at an Area 2A
TAC of 700,000 lb (317.5 mt) in accordance with the revised Plan. The
season would open on May 1 and continue for 5 days per week (Tuesday
through Saturday) until the quota is taken. Based on the 1997 catch of
1,468 lb (0.7 mt) per day, it is anticipated that the season would
extend past July 4 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 27,513 lb (12.5 mt) at an Area 2A
TAC of 700,000 lb (317.5 mt) in accordance with the revised Plan. The
fishery would open on May 3 (Sunday) and continue 5 days per week
(Sunday through Thursday) until 1,000 lb (0.45 mt) remain in the quota,
and then would reopen as a nearshore fishery for 7 days per week until
the remaining subarea quota is taken, or September 30, whichever occurs
first. The daily bag limit would be one halibut of any size per day per
person. The northern offshore portion of this area west of
124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. would be
closed to sport fishing for halibut.
Columbia River Subarea
This subarea would be allocated 6,929 lb (3.1 mt) at an Area 2A TAC
of 700,000 lb (317.5 mt) in accordance with the revised 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 one halibut with a minimum overall size limit of 32
inches (81.3 cm).
Oregon Central Coast Subarea
This subarea would be allocated 127,504 lb (57.8 mt) at an Area 2A
TAC
[[Page 3698]]
of 700,000 lb (317.5 mt) in accordance with the revised Plan. The May
all-depth season would be allocated 86,703 lb (39.3 mt) and based on an
observed increasing catch per day trend in this fishery, an estimated
15,600 lb to 18,400 lb (7.1 - 8.3 mt) would be caught per day in 1998
resulting in a 5 day fixed season. In accordance with the Plan, the
season dates would be May 14, 15, 16, 21, and 22. Additional fishing
days, if the quota is not taken, would be scheduled for early June. The
restricted depth fishery inside 30-fathoms would be allocated 8,925 lb
(4.1 mt) and would open on May 23 and continue until August 6 or
attainment of quota for this season. The August coastwide all-depth
fishery (Cape Falcon to Oregon/California border) would be allocated
31,876 lb (14.5 mt) which is only sufficient for a 1-day opening on
August 7 based on past catch rates observed in this fishery. If
sufficient quota remains after this season for additional days fishing,
the dates for an all-depth fishery would be mid-August. The restricted
depth fishery inside 30-fathoms would then re-open on August 8 and
continue until September 30 or attainment of the quota. 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 1998 TAC is set by the
IPHC. The daily bag limit would be two halibut, one with a minimum
overall size limit of 32 inches (81.3 cm) and the second with a minimum
overall size limit of 50 inches (127.0 cm).
Oregon South Coast Subarea
This subarea would be allocated 10,096 lb (4.6 mt) at an Area 2A
TAC of 700,000 lb (317.5 mt) in accordance with the revised Plan. The
May all-depth season would be allocated 8,077 lb (3.7 mt) and based on
an observed increasing catch per day trend in this fishery, an
estimated 1,630 lb (0.7 mt) would be caught per day in 1998 resulting
in a 5 day fixed season. In accordance with the Plan, the season dates
would be May 14, 15, 16, 21, and 22. Additional fishing days, if the
quota is not taken, would be scheduled for early June. The restricted
depth fishery inside 30-fathoms would be allocated 2,019 lb (0.9 mt)
and would open on May 23 and continue until August 6 or attainment of
quota for this season. The August coastwide all-depth fishery (Cape
Falcon to Oregon/California border) would be open for 1-day on August
7. If sufficient quota remains after this season for additional days
fishing, the dates for an all-depth fishery would be mid-August. The
restricted depth fishery inside 30-fathoms would open on August 8 and
continue until September 30 or attainment of the quota. 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 1998 TAC is set by the
IPHC. The daily bag limit would be two halibut, one with a minimum
overall size limit of 32 inches (81.3 cm) and the second with a minimum
overall size limit of 50 inches (127.0 cm).
California Subarea
The proposed sport regulations for this subarea are the same as
1997 with a May 1 opening and continuing 7 days per week until
September 30. The daily bag limit would be one halibut with a minimum
overall size limit of 32 inches (81.3 cm).
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 26-29, 1998 in Anchorage, AK. Comments are requested by
February 17, 1998, 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 1998 Pacific halibut fisheries.
NMFS and the Council have prepared a draft environmental assessment
and regulatory impact review 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 17, 1998.
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.
In accordance with the Regulatory Flexibility Act, an assessment
of the economic impacts of proposed changes to the Plan on small
entities is presented in the EA/RIR. The Regulatory Flexibility Act
(RFA), 5 U.S.C. 603 et seq., requires agencies to assess impacts of
proposed regulatory actions on small entities and determine whether
there will be a significant economic impact on a substantial number
of small entities. There are various criteria used to determine
whether a proposed action would have a significant economic impact
on a substantial number of small entities, the only one that may be
relevant here is whether the proposed action would result in a
reduction in annual gross revenues of more than 5 percent, for 20
percent or more of the affected small entities. For the purposes of
the RFA, NMFS has adopted a standard that a ``substantial number''
of small entities is more than 20 percent of those small entities
affected by the proposed action. In determining the scope or
universe of the entities to be considered in making the significance
determination, the general approach used is to consider only those
entities that can reasonably be expected to be directly or
indirectly impacted by the proposed action. For the fishing
industry, a small entity is a small business with receipts of up to
$3 million annually. Charterboats operating in Washington sport
fisheries are viewed as small entities affected by the proposed
changes to the Plan.
The proposed action involves three changes to the Plan that
affect small businesses:
(1) establishment of fixed opening dates and fixed seasons for
Oregon sport fisheries;
(2) a provision that at Area 2A TACs above 942,040 lbs (427.3
mt), the Washington sport fishery is capped at an allocation of
214,110 lb (97.1 mt) with the excess allocated to Washington
commercial sablefish fishers to retain and sell incidentally caught
halibut; and
(3) a revision of the distribution of the Washington sport
allocation among the Washington sport fishery subareas when the Area
2A TAC is above 550,000 lb (249.5 mt) to facilitate expanded season
lengths. At TACs below 550,000 lb (249.5 mt), the proposed Plan does
not differ from the Plan currently in place.
The first two changes yield, if anything, only positive economic
impacts; and therefore, they are not a source of significant
economic impacts on small entities. The establishment of fixed
opening dates and fixed seasons in the Oregon sport fisheries will
allow anglers and businesses to better plan for halibut fishery
seasons with resulting benefits from more orderly fisheries, but
otherwise does not change the allocations or conduct of the sport
fishery. The reallocation of Washington sport allocation at high
Area 2A TAC levels to commercial fishers in the Washington sablefish
fishery provides direct benefits in allowing incidentally caught
halibut, which otherwise must be discarded, to be retained and sold
by commercial fishers. This measure will also have the effect of
limiting future growth in the sports fishery. However, this impact
is not considered significant because it will not result in losses
as compared to the status quo (i.e., sport fishers will not suffer
any reduction in their annual gross revenue as a result of this
measure).
The third change to the Plan, revising the distribution of sport
allocation among
[[Page 3699]]
subareas when TAC reaches a certain level, may yield negative
impacts upon some small entities. The proposed changes to the Plan
on the distribution by subarea of the Washington sport allocation at
Area 2A TACs at or above 550,000 lb (249.5 mt) will directly affect
charterboats that operate in Washington and indirectly affect small
businesses, such as motels, restaurants, and tackle shops in the
ports and nearby areas utilized by halibut anglers. In regard to
direct effects of the proposed action, a total of 177 charterboats
have been licensed by the International Pacific Halibut Commission
over the past 3 years for halibut fishing, and only 13 to
15 of them (less than 9 percent) have operated out of ports
affected by the proposed reduced allocation at higher Area 2A TAC
levels.
Data on the actual number and type of small businesses utilized
by halibut anglers (thereby indirectly affected by the proposed
action) is not available. However, there are about 15 ports/access
sites that are used by halibut anglers to access the halibut sport
fishery subareas in Washington and most, if not all, of the affected
small businesses are located in the ports from which halibut anglers
depart for sport fishing trips. Therefore any reduction in halibut
fishing opportunity in a given ``halibut access'' port, would be
expected to affect small businesses that provide services to halibut
anglers in those ports. NMFS considers the effects on ports used by
halibut anglers as a proxy for determining whether the proposed
action will have significant economic impacts on a substantial
number of small entities. Of the 15 ports used by halibut anglers,
13 (87 percent) will have an increase or no changes in halibut sport
fishing opportunity as a result of the proposed action. Only 2 ports
(13 percent of affected ports and small entities supporting sport
angling) would have a reduced allocation at higher Area 2A TACs. At
a TAC of 700,000 lb (317.5 mt), the proposed change would result in
a reduction of halibut fishing opportunity of 6 days (9 percent
reduction in halibut fishing days), but would not affect sport
fishing opportunity for bottomfish, salmon and other species that
account for a much greater proportion of the sport fishing
opportunity in Washington (for example, bottomfish sport fishing
opportunity is available year-round from most ports). The proposed
action has no effect on subarea sport allocations when the Area 2A
TAC is 550,000 lb (249.5 mt) or less - the average TAC in recent
past years (i.e., no effect on the status quo through 1996).
Overall, the net change in the reallocation of halibut quotas
among the subareas at greater Area 2A TACs results in a small net
increase in the number of sport halibut fishing days in Washington
ports. At an Area 2A TAC of 700,000 lb ( 317.5 mt), which is the
assumed TAC for 1998, the net increase based on 1997 catches would
be 3 days overall (0.5 percent increase in all Washington subareas)
with the WA Inside Waters and WA South Coast subareas increasing by
3 days (5 percent increase) and 6 days (26 percent increase)
respectively, and the WA North Coast subarea decreasing by 6 days (9
percent decrease); the number of fishing days in the other subareas
is not affected. In summary, the proposed changes to the Washington
sport halibut fishery will provide positive benefits to most
charterboat operators in Washington and the sport fishery support
businesses in most of the Washington ports used to access the
halibut sport fishery, and should not cause a reduction in revenues
for 20 percent or more of the small entities affected directly
(charterboats) or indirectly (sport fishery support services in
halibut access ports) by this action.
The proposed changes to the Plan will not have a significant
economic impact on a substantial number of small entities because they
will not result in a reduction in annual gross revenues of more than 5
percent, for 20 percent or more of the affected small entities. The
proposed sport management measures for 1998 merely implement the Plan
at the 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: January 20, 1998.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-1803 Filed 1-23-98; 8:45 am]
BILLING CODE 3510-22-F
