[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Proposed Rules]
[Pages 2782-2787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1483]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 301
[Docket No. 960111003-6003-01; I.D. 121895B]
RIN 0648-AI48
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule and proposed catch sharing plan.
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SUMMARY: NMFS proposes to approve and implement revisions to the Catch
Sharing Plan (Plan) for harvests of Pacific halibut off Washington,
Oregon, and California under authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act). This action is necessary to revise the Plan
to address the needs of fisheries in varying geographical areas.
Proposed changes to the Plan would affect sport fisheries and the
incidental catch of halibut in the salmon troll fishery. NMFS also
proposes sport fishery regulations to implement the Plan in 1996. The
proposed rule is intended to carry out the objectives of the
International Pacific Halibut Commission (IPHC) and the Pacific Fishery
Management Council (Council).
[[Page 2783]]
DATES: Comments on this proposed rule must be received on or before
February 12, 1996.
ADDRESSES: Send comments to William Stelle, Jr., Director, Northwest
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115.
FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6140.
SUPPLEMENTARY INFORMATION: The Halibut Act of 1982 at 16 U.S.C. 773c
provides that the Secretary of Commerce (Secretary) shall have general
responsibility to carry out the Halibut Convention between the United
States and Canada, and that the Secretary shall adopt such regulations
as may be necessary to carry out the purposes and objectives of the
Convention and the Halibut Act. Section 773c(c) also authorizes the
regional fishery management council having authority for the geographic
area concerned to develop regulations governing the Pacific halibut
catch in U.S. Convention waters that are in addition to, but not in
conflict with, regulations of the IPHC. Accordingly, Catch Sharing
Plans to allocate the total allowable catch (TAC) of Pacific halibut
between treaty Indian and non-Indian harvesters, and among non-Indian
commercial and sport fisheries in IPHC statistical Area 2A (off
Washington, Oregon, and California) have been developed since 1988 by
the Council in accordance with the Halibut Act. For 1995 and beyond,
NMFS implemented a Council-recommended long-term Plan (60 FR 14651,
14663-14665, March 20, 1995) that allocates 35 percent of the Area 2A
TAC to Washington treaty Indian tribes in Subarea 2A-1, and 65 percent
to non-Indian fisheries in Area 2A. The allocation to non-Indian
fisheries is divided into three shares, with the Washington sport
fishery (north of the Columbia River) receiving 36.6 percent, the
Oregon/California sport fishery receiving 31.7 percent, and the
commercial fishery receiving 31.7 percent. The commercial fishery is
further divided into two sectors; a directed (traditional longline)
commercial fishery that is allocated 85 percent of the non-Indian
commercial harvest, and 15 percent for harvests of halibut caught
incidental to the salmon troll fishery. The directed commercial fishery
in Area 2A is confined to southern Washington (south of 46 deg.53'18''
N. lat.), Oregon and California. The Plan also divides the sport
fisheries into seven geographic areas each with separate allocations,
seasons, and bag limits.
Following the first year of the new Plan, fishery participants
recommended changes to the Plan to the Council at its July public
meeting. Further, the Plan only provided sport fishery structuring for
the area off Oregon for 1995, with the expectation that the Council
would develop a long-term structuring in 1996 after 1-year's experience
with the Plan. Specific proposals to change the Plan were considered by
the Council at its August and October public meetings. The changes
proposed in this rule reflect the recommendations of the Council for
halibut fisheries off the coasts of Washington, Oregon, and California
for 1996 and beyond. Proposed changes to the Plan affect certain sport
fishery subareas and management of incidental halibut harvest in the
salmon troll fishery as described below. The Council also made
recommendations on the specific seasons, dates, and other management
measures in the sport fisheries necessary to implement the Plan in
1996.
Proposed Changes to the Plan
For the sport fishery in the Washington Inside Waters Subarea
(Puget Sound including Strait of Juan de Fuca), the Council wanted more
flexibility and user input in the season structuring for this fishery.
Sport users in this area have advised that they need to know what the
quota will be before they can provide constructive input on which days
of the week the fishery should be open. Because the final TAC is not
known until after the IPHC annual meeting in late January, this
prevents sport users from providing such input at the Council's fall
public meeting when final recommendations are made on the halibut
fisheries in Area 2A. To rectify this, the Council recommended that the
Plan be changed to allow the season structuring for this fishery to be
developed in a public workshop sponsored by Washington Department of
Fish and Wildlife after the allowable catch is set by IPHC at the end
of January. This change in the Plan would allow sport users in
conjunction with state fishery managers to recommend the open days per
week according to how many total days they believe will be available in
a season and the desired season length structured to ensure that the
subarea quota is not exceeded. NMFS is proposing to implement the
Council-recommended change to the Plan as shown in the proposed
regulations in Sec. 301.23(f)(1)(i).
For the sport fishery in the Washington South Coast Subarea, the
Council recommended changes to the Plan on the closure of this fishery
that would allow for a longer time frame for the nearshore sport
fisheries to retain incidentally caught halibut. The Council
recommended that the general sport halibut season close when 1,000 lb
(0.45 mt) are projected to remain in the subarea quota, so as to allow
for incidental halibut catch in the nearshore sport fisheries. To
provide for this, the Council recommended that immediately following
the general season closure, the area from the Queets River south to
47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long. would open
and continue open for 7 days per week until either the subarea quota is
achieved or until the season ending date, whichever occurs first. The
area proposed for this second opening is not generally considered a
halibut fishing area, although anglers do occasionally catch halibut in
those waters. With a 1,000 lb (0.45 mt) allowance for the second
opening, sport fishers would be able to retain halibut that is
incidentally caught during fisheries for species other than halibut.
NMFS is proposing to implement this Council-recommended change to the
Plan as shown in the proposed regulations in Sec. 301.23(f)(1)(iii).
For the sport fishery in the Oregon Central Coast and Southern
Oregon Coast Subareas, the Council developed provisions for the Plan
for the sport fisheries in these areas for 1996 and beyond. Currently,
the Plan provides for sport structuring only for 1995. Fisheries
participants from the Oregon coast requested that the Council consider
a later opening date for the sport fishery off Oregon so as to avoid
some of the foul weather associated with early opening dates. The
proposed Plan is modified slightly from 1995 to remove the specific
opening dates. The opening dates would be set annually, based on the
TAC and the standards set in this paragraph. In addition, the Council
provided specific sport fishery seasons, dates, and other management
measures for 1996. The Council recommended a sport fishery off Oregon
in waters south of Cape Falcon beginning on May 16, rather than on the
May 4 opening date used in 1995. The May 16, 1996 opening date reflects
a compromise between a wide range of proposed opening dates. For the
Oregon central coast subarea only, the Council recommended that the
allocation in the Plan for the first season be set at 68 percent
(slightly reduced from 71.5 percent in 1995) of the Central coast
allowable catch, and the second season be set at 7 percent (an increase
over the 3.5 percent in 1995). Private boat anglers particularly wish
to avoid fishing in turbulent spring weather and requested that a
greater quantity of the Oregon sport fishery catch be reserved
[[Page 2784]]
for later fishery openings. These provisions are intended to reserve
more of the allowable harvest for the second and third season openings.
NMFS is proposing to implement the Council recommended modifications to
the Plan as shown in the proposed regulations in Sec. 301.23(f)(1)(v)
and (vi).
The Council also recommended several refinements to the Plan on the
management of the incidental halibut harvest by salmon trollers. The
Council recommended that the Plan be revised such that halibut landing
restrictions for the commercial salmon troll fishery would be developed
by the Council at its spring public meeting and would be based on the
expected number of incidental harvest permits, halibut allocation, and
other pertinent information, and may include landing ratios for any
salmon species, landing limits (e.g., maximum number of halibut per
landing), or other means to control the rate of halibut harvest. This
change was requested by users because in 1995, the May/June salmon
troll fishery harvested less than 13 percent of the incidental halibut
allocation, in part because managers were unable to make an inseason
ratio adjustment. The Council recommended that the Plan allow NMFS to
make inseason changes to the landing restrictions after consulting with
pertinent troll representatives of the Council's Salmon Advisory
Subpanel and the Halibut Managers Group. Such inseason adjustments in
landing restrictions should ensure that the incidental harvest rate is
appropriate for salmon and halibut availability, does not encourage
targeting halibut, and does not increase the likelihood of exceeding
the allocation. Should the commercial salmon troll fishery fail to
fully use its incidental halibut harvest allocation, any remaining
halibut quota not harvested in the May/June troll fishery would be made
available to the directed halibut fishery on July 1. The Council also
recommended that if, by July 31, the overall non-Indian commercial
halibut quota has not been completely harvested and sufficient
incidental allocation remains from the May/June troll fishery, the
incidental harvest of halibut will be allowed to resume on August 1 in
any existing salmon troll fishery. The incidental harvest would
continue until achievement of either the overall non-Indian commercial
halibut quota or the incidental salmon troll halibut quota, whichever
occurs first. NMFS is proposing to implement the Council's recommended
changes to the Plan as shown in the proposed regulations in
Sec. 301.23(e)(1). Notice and effectiveness of the inseason adjustments
would be made by NMFS in accordance with Sec. 301.21(d)(3)(iii)and
(iv).
The Council also recommended that applications to the IPHC by
salmon trollers requesting an incidental halibut harvest permit must be
postmarked no later than March 31, or the first weekday in April, if
March 31 falls on a weekend. This deadline date change from the 1995
deadline of April 30 is proposed so that the Council will know how many
incidental permits have been issued to salmon trollers prior to Council
adoption of halibut landing restrictions within the salmon regulations.
The Council will use the information on the number of applicants at its
spring public meeting to determine appropriate landing restrictions for
this fishery. The IPHC application deadline date for directed halibut
fisheries will still be April 30. Because the IPHC is responsible for
licensing vessels in the halibut fishery, this recommendation will be
considered by the IPHC at its annual meeting for implementation in the
international regulations in Sec. 301.3.
Proposed Sport Fishery Regulations
In accordance with the Plan implementation procedures at 50 CFR
301.23(g), this document also provides notice of the proposed sport
fishery regulations in Sec. 301.21 that are necessary to implement the
Plan in 1996. These proposed sport fishery regulations are based on an
assumed Area 2A TAC of 520,000 lb (235.9 mt), the same as 1995. The
final TAC will be determined by the IPHC at its annual meeting in
January 1996, and necessary changes based on the final TAC and
consideration of public comments will be made in the final rule. The
proposed sport fishing regulations for 1996 by area are as follows.
Washington Inside Waters Subarea (Puget Sound and Straits). In this
subarea, the proposed changes to the Plan leave the seasonal dates
unspecified. However, for the purpose of soliciting public comments,
the proposed rule is structured the same as 1995; i.e., the fishing
season will be held 5 days a week, commencing May 25 with Tuesdays and
Wednesdays closed to fishing. Based on the 1995 catch rate of 802 lb
(363.8 kg) per day, a total of 43 fishing days will result in
achievement of the quota for this subarea so the fishery would close on
July 22. In 1995, this fishery closed on July 29 (after 48 days of
fishing), but the quota was exceeded so the 1996 proposed regulations
would only allow a 43-day season. The final determination of the days
of the week that the season will be open will be based on the allowable
harvest level and recommendations developed in a public workshop
sponsored by Washington Department of Fish and Wildlife after the
allowable catch is set by the IPHC near the end of January.
Washington North Coast Subarea (north of the Queets River). The
proposed season for this subarea is similar to 1995 with a May 1
opening and continuing 5 days per week until the quota is taken. Based
on the assumed TAC for 1996 and the past performance of this fishery,
the quota for this subarea would likely be reached by the end of May so
a potential July reopening of the fishery as stated in the Plan in
Sec. 301.23(f)(1)(ii) is not possible (similar to 1995).
Washington South Coast Subarea. The proposed regulations in this
subarea are similar to 1995 with a May 1 opening and continuing 7 days
per week until the quota is taken. However, in accordance with the
proposed changes to the Plan for this area, the fishery would close
when 1,000 lb (0.45 mt) remain in the quota and reopen as a nearshore
fishery until the remaining quota is taken.
Columbia River Subarea. The proposed regulations in this subarea
will be the same as 1995.
Oregon Central Coast Subarea. The proposed regulations for this
subarea reflect the proposed changes to the Plan and the Council
recommendation for a three-season structure with the first season
opening May 16 and continuing 3 days per week until 68 percent of the
quota is taken, then switching to a nearshore water fishery until 7
percent of the quota has been taken or August 1, whichever is earlier.
The third, unrestricted depth season would open on August 2 and
continue until the overall Oregon sport quota is taken.
Oregon South Coast Subarea. The proposed regulations for this
subarea reflect the proposed changes to the Plan and the Council's
recommendation for a three-season structure with the first season
opening May 16 and continuing 3 days per week until 80 percent of the
quota is taken, then switching to a nearshore water fishery until the
subarea quota taken or August 1, whichever is earlier. A third,
unrestricted depth season would open on August 2 and continue until the
overall Oregon sport quota is taken.
California Subarea. The proposed regulations in this subarea will
be the same as 1995.
NMFS is requesting public comments on approval of the Council's
recommended modifications to the Plan and to the sport fishing
regulations at
[[Page 2785]]
Sec. 301.21. The IPHC Area 2A TAC will be set at the IPHC meeting to be
held from January 22 through 25, 1996. Comments on these proposed
regulations are requested by February 12, 1996, to provide adequate
time after the IPHC annual meeting, so that the public will have the
opportunity to consider the final Area 2A TAC before submitting
comments on these proposed regulations. The IPHC, consistent with its
responsibilities under the international convention, will implement the
quotas stipulated in the Plan based on its final determination of the
Area 2A TAC to be made at its annual meeting.
After the Area 2A TAC is known, and after NMFS reviews public
comments, NMFS and the IPHC will implement final rules for the halibut
fishery. The final method for determining the incidental halibut
harvest allocation for commercial salmon trollers will be published
with the annual salmon management measures.
Classification
The proposed revisions to the Plan and regulations are not
significant and fall within the scope of the 1995 Environmental
Assessment/Regulatory Impact Review prepared by the Council, which also
applies to this action. The Assistant General Counsel for Legislation
and Regulation has certified to the Chief Counsel for Advocacy of the
Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. As a result, regulatory flexibility analysis was not
prepared.
This action has been determined to be not significant for purposes
of E.O. 12866.
List of Subjects in 50 CFR Part 301
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: January 22, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 301 is
proposed to be amended as follows:
PART 301--PACIFIC HALIBUT FISHERIES
1. The authority citation for part 301 continues to read as
follows:
Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.
2. In Sec. 301.3, paragraph (h) is revised to read as follows:
Sec. 301.3 Licensing vessels.
* * * * *
(h) A vessel operating in the directed commercial fishery for
halibut in Area 2A must have its ``Application for Vessel License for
the Halibut Fishery'' form postmarked no later than April 30. A vessel
operating in the commercial salmon troll fishery in Area 2A that seeks
an incidental harvest permit for halibut must have its application to
the Commission postmarked no later than March 31, or the first weekday
in April, if March 31 falls on a weekend.
* * * * *
3. In Sec. 301.7, paragraph (c) is revised to read as follows:
Sec. 301.7 Fishing periods.
* * * * *
(c) Notwithstanding paragraph (b) of this section and
Sec. 301.10(g), an incidental catch fishery is authorized during salmon
troll seasons in Area 2A. Operators of vessels participating in the
salmon troll fishery in Area 2A may retain halibut caught incidentally
during authorized periods, in conformance with the annual salmon
management measures announced in the Federal Register. Halibut landing
restrictions for the salmon troll fishery will be based on the expected
number of incidental harvest permits, halibut allocation and other
pertinent information, and may include landing ratios, landing limits,
or other means to control the rate of halibut harvest. Inseason changes
to the halibut landing restrictions will be announced in accordance
with Sec. 301.21(d)(3)(iii).
* * * * *
4. In Sec. 301.21, paragraphs (d)(2)(i) through (d)(2)(vii) are
revised to read as follows:
Sec. 301.21 Sport fishing for halibut.
* * * * *
(d) * * *
(2) * * *
(i) In Puget Sound and the U.S. waters in the Strait of Juan de
Fuca, east of a line from the lighthouse on Bonilla Point on Vancouver
Island, British Columbia (48 deg.35'44'' N. lat., 124 deg.43'00'' W.
long.) to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat.,
124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30''
N. lat., 124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N.
lat., 124 deg.43'42'' W. long.), there is no quota. This area is
managed by setting a season that is projected to result in a catch of
34,653 lb (15.7 mt).
(A) The fishing season is May 25 through July 22, 5 days a week
(closed Tuesdays and Wednesdays).
(B) The daily bag limit is one halibut of any size per day per
person.
(ii) In the area off the north Washington coast, west of the line
described in paragraph (d)(2)(i) of this section and north of the
Queets River (47 deg.31'42'' N. lat.), the quota for landings into
ports in this area is 71,410 lb (32.4 mt). Landings into Neah Bay of
halibut caught in this area will count against this quota and are
governed by the regulations in this paragraph (d)(2)(ii).
(A) The fishing season commences on May 1, and continues 5 days a
week (Tuesday through Saturday) until 71,410 lb (32.4 mt) are estimated
to have been taken and the season is closed by the Commission.
(B) The daily bag limit is one halibut of any size per day per
person.
(C) A portion of this area about 19 nm (35 km) southwest of Cape
Flattery is closed to sport fishing for halibut. The closed area is
within a rectangle defined by these four corners: 48 deg.18'00'' N.
lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat., 124 deg.59'00''
W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W. long.; and,
48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.
(iii) In the area between the Queets River, WA and Leadbetter
Point, WA (46 deg.38'10'' N. lat.), the quota for landings into ports
in this area is 15,222 lb (6.9 mt).
(A) The fishing season commences on May 1 and continues every day
until 1,000 lb (0.45 mt) are projected to remain in the subarea quota
of 15,222 lb (6.9 mt). Immediately following the this closure, the area
from the Queets River south to 47 deg.00'00'' N. lat. and east of
124 deg.40'00'' W. long. will reopen for 7 days per week until either
15,222 lb (6.9 mt) are estimated to have been taken and the season is
closed by the Commission, or until September 30, whichever occurs
first.
(B) The daily bag limit is one halibut of any size per day per
person.
(C) The northern offshore portion of this area west of
124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. is closed
to sport fishing for halibut.
(iv) In the area between Leadbetter Point, WA and Cape Falcon, OR
(45 deg.46'00'' N. lat.), the quota for landings into ports in this
area is 4,617 lb (2.1 mt).
(A) The fishing season commences on May 1, and continues every day
through September 30, or until 4,617 lb (2.1 mt) are estimated to have
been taken and the area is closed by the Commission, whichever occurs
first.
(B) The daily bag limit is one halibut with a minimum overall size
limit of 32 inches (81.3 cm).
(v) In the area off Oregon between Cape Falcon and the Siuslaw
River at the Florence north jetty (44 deg.01'08'' N.
[[Page 2786]]
lat.), the quota for landings into ports in this area is 94,694 lb (43
mt).
(A) The fishing seasons are:
(1) Commencing May 16, and continuing 3 days a week (Thursday
through Saturday) until 64,392 lb (29.2 mt) are estimated to have been
taken and the season is closed by the Commission;
(2) Commencing the day following the closure of the season in
paragraph (d)(2)(v)(A)(1) of this section, and continuing every day
through August 1, in the area inside the 30-fathom (55 m) curve nearest
to the coastline as plotted on National Ocean Service charts numbered
18520, 18580, and 18600, or until 6,629 lb (3.0 mt) or the subarea
quota is estimated to have been taken (except that any poundage
remaining unharvested after the earlier season will be added to this
season) and the season is closed by the Commission, whichever is
earlier; and
(3) Commencing August 2, and continuing 2 days a week (Friday and
Saturday) through September 30, or until the combined quotas for the
subareas described in paragraphs (d)(2)(v) and (vi) of this section
totaling 102,193 lb (46.4 mt) are estimated to have been taken and the
area is closed by the Commission, whichever is earlier.
(B) The daily bag limit is two halibut, one with a minimum overall
size limit of 32 inches (81.3 cm) and the second with a minimum overall
size limit of 50 inches (127.0 cm).
(vi) In the area off Oregon between the Siuslaw River at the
Florence north jetty and the California border (42 deg.00'00'' N.
lat.), the quota for landings into ports in this area is 7,499 lb (3.4
mt).
(A) The fishing seasons are:
(1) Commencing May 16 and continuing 3 days a week (Thursday
through Saturday) until 5,999 lb (2.7 mt) are estimated to have been
taken and the season is closed by the Commission;
(2) Commencing the day following the closure of the season in
paragraph (d)(2)(vi)(A)(1) of this section, and continuing every day
through August 1, in the area inside the 30-fathom (55 m) curve nearest
to the coastline as plotted on National Ocean Service charts numbered
18520, 18580, and 18600, or until a total of 1,500 lb (0.7 mt) or the
area quota is estimated to have been taken (except that any poundage
remaining unharvested after the earlier season will be added to this
season) and the season is closed by the Commission, whichever is
earlier; and
(3) Commencing August 2 and continuing 2 days a week (Friday and
Saturday) through September 30, or until the combined quotas for the
subareas described in paragraphs (d)(2)(v) and (vi) of this section
totaling 102,193 lb (46.4 mt) are estimated to have been taken and the
area is closed by the Commission, whichever is earlier.
(B) The daily bag limit is two halibut, one with a minimum overall
size limit of 32 inches (81.3 cm) and the second with a minimum overall
size limit of 50 inches (127.0 cm).
(vii) In the area off the California coast, there is no quota. This
area is managed on a season that is projected to result in a catch of
less than 2,785 lb (1.3 mt).
(A) The fishing season will commence on May 1, and continue every
day through September 30.
(B) The daily bag limit is one halibut with a minimum overall size
limit of 32 inches (81.3 cm).
* * * * *
5. In Sec. 301.23, paragraphs (e)(1), (e)(3) and (f)(1)(i),
(f)(1)(iii),(f)(1)(v), and (f)(1)(vi) are revised to read as follows:
Sec. 301.23 Catch sharing plan for Area 2A.
* * * * *
(e) * * *
(1) Incidental halibut catch in the salmon troll fishery. Fifteen
percent of the non-Indian commercial fishery allocation is allocated to
the salmon troll fishery in Area 2A as an incidental catch during
salmon fisheries. The quota for this incidental catch fishery is 3.1
percent of the Area 2A TAC.
(i) The Council will recommend landing restrictions at its spring
public meeting each year to control the amount of halibut caught
incidentally in the troll fishery. The landing restrictions will be
based on the number of incidental harvest license applications
submitted to the Commission, halibut catch rates, the amount of
allocation, and other pertinent factors, and may include catch or
landing ratios, landing limits, or other means to control the rate of
halibut harvest. NMFS will publish the landing restrictions annually in
the Federal Register, along with the salmon management measures.
(ii) Inseason adjustments. (A) NMFS may make inseason adjustments
to the landing restrictions, if requested by the Council Chairman, as
necessary to assure that the incidental harvest rate is appropriate for
salmon and halibut availability, does not encourage target fishing on
halibut, and does not increase the likelihood of exceeding the quota
for this fishery. In determining whether to make such inseason
adjustments, NMFS will consult with the applicable state
representative(s) on the Halibut Managers Group, a representative of
the Council's Salmon Advisory Sub-Panel, and Council staff.
(B) Notice and effectiveness of inseason adjustments will be made
by NMFS in accordance with Sec. 301.21(d)(3)(iii) and (iv).
(iii) If the quota for this fishery is not harvested during the
May/June salmon troll fishery, the remaining quota will be made
available by the Commission to the directed halibut fishery on July 1.
(iv) If the quota for the non-Indian commercial fisheries specified
at paragraph (e) of this section has not been harvested by July 31 and
the quota for the salmon troll fishery was not harvested during the
May/June fishery, landings of halibut caught incidentally during salmon
troll fisheries will be allowed effective August 1 and will continue
until the quota for the troll fishery is taken or the overall non-
Indian commercial quota is estimated to have been achieved by the
Commission. Landing restrictions implemented for the May/June salmon
troll fishery will apply to this reopening of the fishery.
(v) A salmon troller may participate in this fishery or in the
directed commercial fishery targeting halibut, but not in both.
* * * * *
(3) Commercial license restrictions/declarations. Commercial
fishers must choose either to operate in the directed commercial
fishery in Area 2A, or to retain halibut caught incidentally during the
salmon troll fishery. Commercial fishers operating in the directed
halibut fishery must send their license application to the Commission
postmarked no later than April 30 in order to obtain a license to fish
for halibut in Area 2A. Commercial fishers operating in the salmon
troll fishery who seek to retain incidentally caught halibut must send
their application for a license to the Commission for the incidental
catch of halibut in Area 2A postmarked no later than March 31, or the
first weekday in April, if March 31 falls on a weekend. Fishing vessel
operators who are issued licenses to fish commercially in Area 2A are
prohibited from obtaining a Commission charterboat license for Area 2A.
Sport fishing for halibut is prohibited from a vessel licensed to fish
commercially for halibut in Area 2A.
(f) * * *
(1) * * *
(i) Washington inside waters subarea. This sport fishery subarea is
allocated 28.0 percent of the Washington sport allocation, which equals
6.66 percent of the Area 2A TAC. This subarea is defined as all U.S.
waters east of the Bonilla-Tatoosh line, defined as follows:
[[Page 2787]]
From Bonilla Point (48 deg.35'44'' N. lat., 124 deg.43'00'' W. long.)
to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat.,
124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30''
N. lat., 124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N.
lat., 124 deg.43'42'' W. long.), including Puget Sound. The structuring
objective for this subarea is to provide a stable sport fishing
opportunity and maximize the season length. Due to inability to monitor
the catch in this area inseason, a fixed season will be established
preseason based on projected catch per day and number of days to
achievement of the quota. No inseason adjustments will be made, and
estimates of actual catch will be made postseason. The fishery will
open in May and continue at least through July 4, or until a date
established preseason (and published in the sport fishery regulations)
when the quota is predicted to be taken, or until September 30,
whichever is earlier. The Washington Department of Fish and Wildlife
will sponsor a public workshop shortly after the IPHC annual meeting to
develop recommendations to NMFS on the opening date and weekly
structure of the fishery each year. The daily bag limit is one fish per
person, with no size limit.
* * * * *
(iii) Washington south coast subarea. This sport fishery subarea is
allocated 12.3 percent of the Washington sport allocation, which equals
2.93 percent of the Area 2A TAC. This subarea is defined as waters
south of the Queets River (47 deg.31'42'' N. lat.) and north of
Leadbetter Point (46 deg.38'10'' N. lat.). The structuring objective
for this subarea is to maximize the season length, while providing for
a limited halibut fishery. The fishery opens on May 1, for 7 days per
week and continues until 1,000 lb (.45 mt) are projected to remain in
the subarea quota. Immediately following this closure, the area from
the Queets River south to 47 deg.00'00'' N. lat. and east of
124 deg.40'00'' W. long. will reopen for 7 days per week until either
the subarea quota is estimated to have been taken and the season is
closed by the Commission, or until September 30, whichever occurs
first. The daily bag limit is one halibut per person, with no size
limit. Sport fishing for halibut is prohibited in the area south of the
Queets River (47 deg.31'42'' N. lat.), west of 124 deg.40'00'' W. long.
and north of 47 deg.10'00'' N. lat.
* * * * *
(v) Oregon central coast subarea. If the Area 2A TAC is 388,350 lb
(176.2 mt) and above, this subarea extends from Cape Falcon to the
Siuslaw River at the Florence north jetty (44 deg.01'08'' N. lat.) and
is allocated 88.4 percent of the Oregon/California sport allocation,
which is 18.21 percent of the Area 2A TAC. If the Area 2A TAC is below
388,350 lb (176.2 mt), this sport fishery subarea extends from Cape
Falcon to the California border and is allocated 95.4 percent of the
Oregon/California sport allocation. The structuring objectives for this
subarea are to provide one or two periods of fishing opportunity in
productive deeper water areas along the coast, principally for charter
and larger private boat anglers, and provide a period of fishing
opportunity in nearshore waters for small boat anglers. Any poundage
remaining in this subarea quota from earlier seasons will be added to
the last season in this subarea. This subarea has three seasons as set
out in paragraphs (f)(1)(v)(A) through (C) of this section. The Council
will recommend opening dates for these seasons annually at its fall
public meeting. The daily bag limit for all seasons is two halibut per
person, one with a minimum 32-inch (81.3 cm) size limit and the second
with a minimum 50-inch (127.0 cm) size limit.
(A) The first season is an all-depth fishery that begins in May and
continues at least 3 days per week (dependent on TAC) until 68 percent
of the subarea quota is taken.
(B) The second season opens the day following closure of the first
season, only in waters inside the 30-fathom (55 m) curve, and continues
every day until 7 percent of the subarea quota is taken, or until early
August, whichever is earlier.
(C) The last season begins in early August, with no depth
restrictions, and continues at least 2 days per week, until the
combined Oregon subarea quotas south of Falcon are estimated to have
been taken, or September 30, whichever is earlier.
(vi) Oregon south coast subarea. If the Area 2A TAC is 388,350 lb
(176.2 mt) and above, this subarea extends from the Siuslaw River at
the Florence north jetty (44 deg.01'08'' N. lat.) to the California
border (42 deg.00'00'' N. lat.) and is allocated 7.0 percent of the
Oregon/California sport allocation, which is 1.44 percent of the Area
2A TAC. If the Area 2A TAC is below 388,350 lb (176.2 mt), this subarea
will be included in the Oregon Central sport fishery subarea. The
structuring objective for this subarea is to create a south coast
management zone designed to accommodate the needs of both charterboat
and private boat anglers in this area where weather and bar crossing
conditions very often do not allow scheduled fishing trips. This
subarea has three seasons as set out in paragraphs (f)(1)(vi)(A)
through (C) of this section. The Council will recommend opening dates
for these seasons annually at its fall public meeting. The daily bag
limit for all seasons is two halibut per person, one with a minimum 32-
inch (81.3 cm) size limit and the second with a minimum 50-inch (127.0
cm) size limit.
(A) The first season is an all-depth fishery that begins in May and
continues at least 3 days per week (dependent on TAC) and continues at
least 3 days per week until 80 percent of the subarea quota is taken.
(B) The second season opens the day following closure of the first
season, only in waters inside the 30-fathom (55 m) curve, and continues
every day until the subarea quota is estimated to have been taken, or
early August, whichever is earlier.
(C) The last season begins in early August, with no depth
restrictions, and continues at least 3 days per week, until the
combined Oregon subarea quotas south of Falcon are estimated to have
been taken, or September 30, whichever is earlier.
* * * * *
[FR Doc. 96-1483 Filed 1-24-96; 2:02 pm]
BILLING CODE 3510-22-F
