Pacific Halibut Fisheries; Catch Sharing Plan, 4876-4886 [E6-1113]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Proposed Rules]
[Pages 4876-4886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 060111007-6007-01; I.D. 010906A]
RIN 0648-AT56


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to approve and implement changes to the Pacific 
Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut 
Commission's (IPHC or Commission) regulatory Area 2A off Washington, 
Oregon, and California (Area 2A). NMFS proposes to update the tribal 
season in the Plan to reflect recent IPHC season date-setting trends. 
NMFS also proposes to implement the portions of the Plan and management 
measures that are not implemented through the IPHC, which includes the 
sport fishery management measures for Area 2A, the flexible inseason 
management provisions in Area 2A, fishery election in Area 2A, and Area 
2A non-treaty commercial fishery closed areas. NMFS proposes to codify 
all but the sport fishery management measures for Area 2A, at 50 CFR 
part 300, subpart E. These actions are intended to enhance the 
conservation of Pacific halibut, to protect yelloweye rockfish and 
other overfished groundfish species from incidental catch in the 
halibut fisheries, and to provide greater angler opportunity where 
available.

DATES: Comments on the proposed changes to the Plan and on the proposed 
domestic Area 2A halibut management measures must be received no later 
than 5 p.m., local time on February 14, 2006.

ADDRESSES: Copies of the Plan, Regulatory Impact Review (RIR)/Initial 
Regulatory Flexibility Analysis (IRFA), and/or Categorical Exclusion 
(CE) are available from D. Robert Lohn, Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070. Electronic copies of the Plan, including proposed changes for 
2006, and of the CE and draft RIR/IRFA are also available at the NMFS 
Northwest Region Web site: https://www.nwr.noaa.gov, click on 
``Groundfish & Halibut.''
    You may submit comments on the proposed Plan and domestic Area 2A 
halibut management measures or supporting documents, identified by 
010906A, by any of the following methods:
     E-mail: PHalibut2006.nwr@noaa.gov. Include the I.D. number
    010906A in the subject line of the message.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: D. Robert Lohn, Administrator, Northwest Region,
    NMFS, Attn: Jamie Goen, 7600 Sand Point Way NE., Seattle, WA 98115-
0070.
     Fax: 206-526-6736, Attn: Jamie Goen.

FOR FURTHER INFORMATION CONTACT: Jamie Goen or Yvonne deReynier 
(Northwest Region, NMFS), phone: 206-526-6150, fax: 206-526-6736 or e-
mail: jamie.goen@noaa.gov or yvonne.dereynier@noaa.gov.

SUPPLEMENTARY INFORMATION: The Northern Pacific Halibut Act (Halibut 
Act) of 1982, at 16 U.S.C. 773c, gives the Secretary of Commerce 
(Secretary) general responsibility for implementing the provisions of 
the Halibut Convention between the United States and Canada (Halibut 
Convention). It requires the Secretary to adopt regulations as may be 
necessary to carry out the purposes and objectives of the Halibut 
Convention and the Halibut Act. Section 773c of the Halibut Act 
authorizes the regional fishery management councils to develop 
regulations governing the Pacific halibut catch in their corresponding 
U.S. Convention waters that are in addition to, but not in conflict 
with, regulations of the IPHC. Each year between 1988 and 1995, the 
Pacific Fishery Management Council (Pacific Council) had developed a 
catch sharing plan in accordance with the Halibut Act to allocate the 
total allowable catch (TAC) of Pacific halibut between treaty Indian 
and non-treaty harvesters and among non-treaty commercial and sport 
fisheries in Area 2A.
    In 1995, NMFS implemented the Pacific Council-recommended long-term 
Plan (60 FR 14651, March 20, 1995). In each of the intervening years 
between 1995 and the present, minor revisions to the Plan have been 
made to adjust for the changing needs of the fisheries. The Plan 
allocates 35 percent of the Area 2A TAC plus 25,000 lb (11.3 mt) to 
Washington treaty Indian tribes in Subarea 2A-1 and 65 percent minus 
25,000 lb (11.3 mt) to non-Indian fisheries in Area 2A. The allocation 
to non-Indian fisheries is divided into three shares, with the 
Washington sport fishery (north of the Columbia River) receiving 36.6 
percent, the Oregon/California sport fishery receiving 31.7 percent, 
and the commercial fishery receiving 31.7 percent. The commercial 
fishery is further divided into a directed commercial fishery that is 
allocated 85 percent of the commercial allocation 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]53.30' N. lat.), 
Oregon, and California. North of 46[deg]53.30' N. lat. (Pt. Chehalis), 
the Plan allows for incidental halibut retention in the primary limited 
entry longline sablefish fishery when the overall Area 2A TAC is above 
900,000 lb (408.2 mt). The Plan also divides the sport fisheries into 
seven geographic subareas, each with separate allocations, seasons, and 
bag limits.
    The Area 2A TAC will be set by the IPHC at its annual meeting on 
January 16-20, 2006, in Bellevue, WA. NMFS requests public comments on 
the Pacific Council's recommended modifications to the Plan and the 
proposed domestic fishing regulations by February 14, 2006. This allows 
the public the opportunity to consider the final Area 2A TAC before 
submitting comments on the proposed rule. 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 a final rule for the Area 2A Pacific halibut fisheries 
concurrent with the IPHC regulations for the 2006 Pacific halibut 
fisheries.

[[Page 4877]]

Pacific Council Recommended Changes to the Plan and Domestic Fishing 
Regulations

    Each year, the states (Washington Department of Fish and Wildlife 
(WDFW) and Oregon Department of Fish and Wildlife (ODFW)) and tribes 
consider whether changes to the Plan are needed or desired by their 
fishery participants. Fishery managers from the states hold public 
meetings before both the September and November Pacific Council 
meetings to get public input on revisions to the Plan. At the September 
2005 Pacific Council meeting, the states recommended several changes to 
the Plan and the tribes announced that they had no proposal for 
revising the Plan in 2006. Following the meeting, the states again 
reviewed their proposals with the public and drafted their recommended 
revisions for review by the Pacific Council.
    At its October 30-November 4, 2005, meeting in San Diego, CA, the 
Pacific Council considered the results of state-sponsored workshops on 
the proposed changes to the Plan and public comments, and made the 
final recommendations for modifications to the Plan as follows:
    (1) For the Oregon Central Coast all-depth recreational summer 
fishery, allow an increase in the daily bag limit to two fish after 
Labor Day subsequent to consultation with the IPHC, NMFS, and ODFW.
    (2) Increase the Oregon possession limit on land from two daily 
limits to three daily limits statewide.
    (3) For the Columbia River subarea, increase the allocation to this 
subarea from Oregon to 5.0 percent of the Oregon/California sport 
allocation. The Washington contribution is unchanged. The season will 
be split with the early season given 70 percent of the subarea 
allocation, open seven days per week, beginning May 1 through the 
earlier of the early season quota or the third Sunday in July. Any 
remaining quota will be added to the remaining 30 percent of the 
subarea quota for the late season, which will be open Friday through 
Sunday beginning the first Friday in August through the earlier of the 
overall subarea quota or September 30. If there is insufficient quota 
for another day of fishing in the Columbia River subarea, any remaining 
quota may be transferred to another Oregon and/or Washington subarea in 
proportion to the state's contribution.
    (4) For the Columbia River subarea, prohibit retention of 
groundfish with a halibut on board, except sablefish or Pacific cod 
when allowed under groundfish regulations.
    (5) For the Washington South Coast subarea, remove the reference to 
the automatic seven days per week season beginning July 1, and specify 
that the northern nearshore area will reopen to accommodate incidental 
halibut catch on Fridays and Saturdays only.
    (6) For the Washington South Coast subarea, modify the definition 
of the northern nearshore area to: from 47[deg]25.00' N. lat. south to 
46[deg]58.00' N. lat., and east of 124[deg]30.00' W. long.
    (7) For the Washington North Coast subarea May fishery, reduce the 
number of days open per week from five consecutive days (Tuesday 
through Saturday) to three staggered days (Tuesday, Thursday, and 
Saturday); for the June fishery, reduce the number of days open from 
five days to two staggered days (Thursday and Saturday).
    (8) For the Washington North Coast subarea June fishery, specify 
the opening date as the first Thursday after June 17.

Proposed Changes to the Plan

    In addition to the Pacific Council's recommendations, NMFS proposes 
to update the tribal season in the Catch Sharing Plan to reflect season 
dates adopted by the IPHC. NMFS is proposing to approve the Pacific 
Council recommendations and to implement the above-described changes by 
making the following changes to the Plan:
    In section (d) of the Plan, Treaty Indian Fisheries, revise the 
first sentence of paragraph (2) to read as follows:
    The tribal commercial fishery season dates will be set within the 
season dates determined by the IPHC and implemented in IPHC 
regulations. The tribal commercial fishery will close when the subquota 
is taken.
    In section (f) of the Plan, Sport Fisheries, revise the fifth and 
sixth sentences of paragraph (1)(ii) to read as follows:
    The fishery will open on the first Tuesday between May 9 and 15, 
and continue 3 days per week (Tuesday, Thursday, and Saturday) until 
the May allocation is projected to be taken. The fishery will then 
reopen in June on the first Thursday following June 17, and continue 
until the remaining quota is projected to be taken, 2 days per week 
(Thursday and Saturday.)
    In section (f) of the Plan, Sport Fisheries, revise the sixth 
sentence of paragraph (1)(iii) to read as follows:
    The fishery will be open Sunday through Thursday in all areas, 
except where prohibited, and the fishery will be open 7 days per week 
in the area from 47[deg]25.00' N. lat. south to 46[deg]58.00' N. lat. 
and east of 124[deg]30.00' W. long.
    In section (f) of the Plan, Sport Fisheries, revise the eighth 
sentence of paragraph (1)(iii) to read as follows:
    Subsequent to this closure, if there is insufficient quota 
remaining to reopen the entire subarea for another fishing day, then 
any remaining quota may be used to accommodate incidental catch in the 
nearshore area from 47[deg]25.00' N. lat. south to 46[deg]58.00' N. 
lat. and east of 124[deg]30.00' W. long. on Fridays and Saturdays only, 
or be transferred inseason to another Washington coastal subarea by 
NMFS via an update to the recreational halibut hotline.
    In section (f) of the Plan, Sport Fisheries, revise paragraph 
(1)(iv) to read as follows:
    This sport fishery subarea is allocated 2.0 percent of the first 
130,845 lb (59.4 mt) allocated to the Washington sport fishery, and 4.0 
percent of the Washington sport allocation between 130,845 lb (59.4 mt) 
and 224,110 lb (101.7 mt) (except as provided in section (e)(3) of this 
Plan). This subarea is also allocated 5.0 percent of the Oregon/
California sport allocation or an amount equal to the contribution from 
the Washington sport allocation, whichever is greater. This subarea is 
defined as waters south of Leadbetter Point, WA (46[deg]38.17' N. lat.) 
and north of Cape Falcon, OR (45[deg]46.00' N. lat.). The fishery will 
open on May 1, and continue 7 days per week until 70 percent of the 
subarea allocation is taken or until the third Sunday in July, 
whichever is earlier. The fishery will reopen on the first Friday in 
August and continue 3 days per week, Friday through Sunday until the 
remainder of the subarea quota has been taken, or until September 30, 
whichever is earlier. Subsequent to this closure, if there is 
insufficient quota remaining in the Columbia River subarea for another 
fishing day, then any remaining quota may be transferred inseason to 
another Washington and/or Oregon subarea by NMFS via an update to the 
recreational halibut hotline. Any remaining quota would be transferred 
to each state in proportion to its contribution. The daily bag limit is 
one halibut per person, with no size limit. No groundfish may be taken 
and retained, possessed or landed, except sablefish and Pacific cod 
when allowed by groundfish regulations, if halibut are on board the 
vessel.
    In section (f) of the Plan, Sport Fisheries, revise paragraph 
(1)(v) to read as follows:
    This subarea extends from Cape Falcon (45[deg]46.00' N. lat.) to 
Humbug Mountain, Oregon (42[deg]40.50' N. lat.) and is allocated 92.0 
percent of the Oregon/

[[Page 4878]]

California sport allocation minus any amount of pounds needed to 
contribute to the Oregon portion of the Columbia River subarea quota. 
The structuring objectives for this subarea are to provide two periods 
of fishing opportunity in spring and in summer 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. Any poundage 
remaining unharvested in the spring all-depth subquota will be added to 
the summer all-depth sub-quota. Any poundage that is not needed to 
extend the inside 40-fm (73-m) fishery through October 31 will be added 
to the summer all-depth season if it can be used, and any poundage 
remaining unharvested from the summer all-depth fishery will be added 
to the inside 40-fm (73-m) fishery subquota, if it can be used. If 
inseason it is determined via joint consultation between IPHC, NMFS and 
ODFW, that the combined all-depth and inside 40-fm (73-m) fisheries 
will not harvest the entire quota to the subarea, quota may be 
transferred inseason to another subarea south of Leadbetter Point, WA 
by NMFS via an update to the recreational halibut hotline. The daily 
bag limit is one halibut per person, unless otherwise specified, with 
no size limit. During days open to all-depth halibut fishing, no 
groundfish may be taken and retained, possessed or landed, except 
sablefish when allowed by groundfish regulations, if halibut are on 
board the vessel. A yelloweye rockfish conservation area that is closed 
to recreational halibut fishing is defined by the following coordinates 
in the order listed:
    (1) 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    (2) 44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    (3) 44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    (4) 44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    (5) 44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    and connecting back to 44[deg]37.46 N. lat.; 124[deg]24.92' W. 
long.
    ODFW will sponsor a public workshop shortly after the IPHC annual 
meeting to develop recommendations to NMFS on the open dates for each 
season each year. The three seasons for this subarea are as follows.
    A. The first season opens on May 1, only in waters inside the 40-fm 
(73-m) curve, and continues daily until the subquota (8 percent of the 
subarea quota) is taken, or until October 31, whichever is earlier. Any 
overage in the all-depth fisheries would not affect achievement of 
allocation set aside for the inside 40-fm (73-m) curve fishery.
    B. The second season is an all-depth fishery with two potential 
openings and is allocated 69 percent of the subarea quota. Fixed season 
dates will be established preseason for the first spring opening and 
will not be modified inseason except if the combined Oregon all-depth 
spring and summer season total quotas are estimated to be achieved. 
Recent year catch rates will be used as a guideline for estimating the 
catch rate for the spring 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 subquota for this season. The first 
opening 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. The fixed season dates will occur 
in consecutive weeks starting the second Thursday in May (if the season 
is 5 or more fishing days) or second Friday in May (if the season is 4 
or fewer fishing days), with possible exceptions to avoid adverse tidal 
conditions. If, following the ``fixed'' dates, quota for this season 
remains unharvested, a second opening will be held. If it is determined 
appropriate through joint consultation between IPHC, NMFS and ODFW, 
fishing may be allowed on one or more additional days. Notice of the 
opening(s) will be announced by NMFS via an update to the recreational 
halibut hotline. The fishery will be open every other week on Thursday 
through Saturday except that week(s) may be skipped to avoid adverse 
tidal conditions. The potential open Thursdays through Saturdays will 
be identified preseason. The fishery will continue until there is 
insufficient quota for an additional day of fishing or July 31, 
whichever is earlier.
    C. The last season is an all-depth fishery that begins on the first 
Friday in August and is allocated 23 percent of the subarea quota. The 
fishery will be structured to be open every other week on Friday 
through Sunday except that week(s) may be skipped to avoid adverse 
tidal conditions. The fishery will continue until there is insufficient 
quota remaining to reopen for another fishing day or October 31, 
whichever is earlier. The potential open Fridays through Sundays will 
be identified preseason. If after the first scheduled open period, the 
remaining Cape Falcon to Humbug Mountain entire season quota (combined 
all-depth and inside 40-fm (73-m) quotas) is 60,000 lb (27.2 mt) or 
more, the fishery will re-open on every Friday through Sunday (versus 
every other Friday through Sunday), if determined to be appropriate 
through joint consultation between IPHC, NMFS, and ODFW. The inseason 
action will be announced by NMFS via an update to the recreational 
halibut hotline. If after the Labor Day weekend, the remaining Cape 
Falcon to Humbug Mountain entire season quota (combined all-depth and 
inside 40-fm (73-m) quotas) is 30,000 lb (13.6 mt) or more and the 
fishery is not already open every Friday through Sunday, the fishery 
will re-open on every Friday through Sunday (versus every other Friday 
through Sunday), if determined to be appropriate through joint 
consultation between IPHC, NMFS, and ODFW. After the Labor Day weekend, 
the IPHC, NMFS, and ODFW will consult to determine whether increasing 
the Oregon Central Coast bag limit to two fish is warranted with the 
intent that the quota for the subarea is taken by September 30. If the 
quota is not taken by September 30, the season will remain open, 
maintaining the bag limit in effect at that time, through October 31 or 
quota attainment, whichever is earlier. The inseason action will be 
announced by NMFS via an update to the recreational halibut hotline.
    In section (f) of the Plan, Sport Fisheries, revise paragraph (3) 
to read as follows:
    Possession limits. The sport possession limit on land in Washington 
and California is two daily bag limits, regardless of condition, but 
only one daily bag limit may be possessed on the vessel. The sport 
possession limit on land in Oregon is three daily bag limits, 
regardless of condition, but only one daily bag limit may be possessed 
on the vessel.

Proposed 2006 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2006. The 2006 TAC for Area 2A will 
be determined by the IPHC at its annual meeting on January 16-20, 2006, 
in Bellevue, WA. Because the 2006 TAC has not yet been determined, 
these proposed sport fishery management measures use the IPHC's 
preliminary 2006 Area 2A TAC recommendation of 1,380,000 lb (626 mt), 
which is higher than the 2005 TAC of 1,330,000 lb (603 mt). The 
proposed 2006 sport fishery regulations are based on the preliminary 
2006 Area 2A TAC of 1,380,000 lb (626 mt). Where season dates are not 
indicated, those dates will be provided

[[Page 4879]]

in the final rule, following determination of the 2006 TAC and 
consultation with the states and the public. In Section 24 of the 
annual domestic management measures, ``Sport Fishing for Halibut,'' 
paragraph (4)(b) is proposed to read as follows:
* * * * *
    (4)* * *
    (b) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the inseason 
actions in Sec.  300.63 (c). All sport fishing in Area 2A 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 extending from 48[deg]17.30' N. lat., 
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., there is no quota. This area is managed by setting a season 
that is projected to result in a catch of 68,607 lb (31 mt).
    (A) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is (insert season dates) and the 
fishing season in western Puget Sound (west of 123[deg]49.50' W. long., 
Low Point) is (insert season dates), 5 days a week (Thursday through 
Monday). (The final determination of the season dates would be based on 
the allowable harvest level and projected 2006 catch rates after the 
2006 TAC is set by the IPHC.)
    (B)The daily bag limit is one halibut of any size per day per 
person.
    (ii) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (4)(b)(i) of 
this section and north of the Queets River (47[deg]31.70' N. lat.), is 
119,244 lb (54 mt).
    (A) The fishing seasons are:
    (1) Commencing on May 9 and continuing 3 days a week (Tuesday, 
Thursday, and Saturday) until 85,856 lb (39 mt) are estimated to have 
been taken and the season is closed by the Commission.
    (2) From June 22, and continuing thereafter for 2 days a week 
(Thursday and Saturday) until the overall quota of 119,244 lb (54 mt) 
are estimated to have been taken and the area is closed by the 
Commission, or until September 30, whichever is earlier.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A ``C-shaped'' yelloweye rockfish conservation area southwest 
of Cape Flattery is closed to sport fishing for halibut. This area is 
defined by the following coordinates in the order listed:
    (1) 48[deg]18.00' N. lat.; 125[deg]18.00' W. long.;
    (2) 48[deg]18.00' N. lat.; 124[deg]59.00' W. long.;
    (3) 48[deg]11.00' N. lat.; 124[deg]59.00' W. long.;
    (4) 48[deg]11.00' N. lat.; 125[deg]11.00' W. long.;
    (5) 48[deg]04.00' N. lat.; 125[deg]11.00' W. long.;
    (6) 48[deg]04.00' N. lat.; 124[deg]59.00' W. long.;
    (7) 48[deg]00.00' N. lat.; 124[deg]59.00' W. long.;
    (8) 48[deg]00.00' N. lat.; 125[deg]18.00' W. long.;
    and connecting back to 48[deg]18.00' N. lat.; 125[deg]18.00' W. 
long.
    (iii) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.) and Leadbetter Point, WA 
(46[deg]38.17' N. lat.), is 53,952 lb (24 mt).
    (A) The fishing season commences on May 1 and continues 5 days a 
week (Sunday through Thursday) in all waters, except that in the area 
from 47[deg]25.00' N. lat. south to 46[deg]58.00' N. lat. and east of 
124[deg]30.00' W. long. (i.e., the Washington South coast, northern 
nearshore area), the fishing season commences on May 1 and continues 7 
days a week. The fishery will continue from May 1 until 53,952 lb (24 
mt) are estimated to have been taken and the season is closed by the 
Commission, or until September 30, whichever is earlier. Subsequent to 
this closure, if there is insufficient quota remaining to reopen the 
entire subarea for another fishing day, then any remaining quota may be 
used to accommodate incidental catch in the nearshore area from 
47[deg]25.00' N. lat. south to 46[deg]58.00' N. lat. and east of 
124[deg]30.00' W. long. on Fridays and Saturdays only, or be 
transferred inseason to another Washington coastal subarea by NMFS via 
an update to the recreational halibut hotline.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (iv) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.) and Cape Falcon, OR 
(45[deg]46.00' N. lat.), is 21,170 lb (10 mt).
    (A) The fishing season commences on May 1, and continues 7 days a 
week until 14,819 lb (6.7 mt) are estimated to have been taken and the 
season is closed by the Commission or until July 16, whichever is 
earlier. The fishery will reopen on August 4 and continue 3 days a week 
(Friday through Sunday) until 21,170 lb (10 mt) have been taken and the 
season is closed by the Commission, or until September 30, whichever is 
earlier. Subsequent to this closure, if there is insufficient quota 
remaining in the Columbia River subarea for another fishing day, then 
any remaining quota may be transferred inseason to another Washington 
and/or Oregon subarea by NMFS via an update to the recreational halibut 
hotline. Any remaining quota would be transferred to each state in 
proportion to its contribution.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) Pacific Coast groundfish may not be taken and retained, 
possessed or landed, except sablefish and Pacific cod when allowed by 
Pacific Coast groundfish regulations, if halibut are on board the 
vessel.
    (v) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.), is 254,310 lb (115 mt).
    (A) The fishing seasons are:
    (1) The first season (the ``inside 40-fm'' fishery) commences May 1 
and continues 7 days a week through October 31, in the area shoreward 
of a boundary line approximating the 40-fm (73-m) depth contour, or 
until the sub-quota for the central Oregon ``inside 40-fm'' fishery 
(20,345 lb (9.2 mt)) or any inseason revised subquota is estimated to 
have been taken and the season is closed by the Commission, whichever 
is earlier. The boundary line approximating the 40-fm (73-m) depth 
contour between 45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 45[deg]46.00' N. lat., 124[deg]04.49' W. long.;
    (2) 45[deg]44.34' N. lat., 124[deg]05.09' W. long.;
    (3) 45[deg]40.64' N. lat., 124[deg]04.90' W. long.;
    (4) 45[deg]33.00' N. lat., 124[deg]04.46' W. long.;
    (5) 45[deg]32.27' N. lat., 124[deg]04.74' W. long.;
    (6) 45[deg]29.26' N. lat., 124[deg]04.22' W. long.;
    (7) 45[deg]20.25' N. lat., 124[deg]04.67' W. long.;
    (8) 45[deg]19.99' N. lat., 124[deg]04.62' W. long.;
    (9) 45[deg]17.50' N. lat., 124[deg]04.91' W. long.;
    (10) 45[deg]11.29' N. lat., 124[deg]05.19' W. long.;
    (11) 45[deg]05.79' N. lat., 124[deg]05.40' W. long.;
    (12) 45[deg]05.07' N. lat., 124[deg]05.93' W. long.;
    (13) 45[deg]03.83' N. lat., 124[deg]06.47' W. long.;
    (14) 45[deg]01.70' N. lat., 124[deg]06.53' W. long.;

[[Page 4880]]

    (15) 44[deg]58.75' N. lat., 124[deg]07.14' W. long.;
    (16) 44[deg]51.28' N. lat., 124[deg]10.21' W. long.;
    (17) 44[deg]49.49' N. lat., 124[deg]10.89' W. long.;
    (18) 44[deg]44.96' N. lat., 124[deg]14.39' W. long.;
    (19) 44[deg]43.44' N. lat., 124[deg]14.78' W. long.;
    (20) 44[deg]42.27' N. lat., 124[deg]13.81' W. long.;
    (21) 44[deg]41.68' N. lat., 124[deg]15.38' W. long.;
    (22) 44[deg]34.87' N. lat., 124[deg]15.80' W. long.;
    (23) 44[deg]33.74' N. lat., 124[deg]14.43' W. long.;
    (24) 44[deg]27.66' N. lat., 124[deg]16.99' W. long.;
    (25) 44[deg]19.13' N. lat., 124[deg]19.22' W. long.;
    (26) 44[deg]15.35' N. lat., 124[deg]17.37' W. long.;
    (27) 44[deg]14.38' N. lat., 124[deg]17.78' W. long.;
    (28) 44[deg]12.80' N. lat., 124[deg]17.18' W. long.;
    (29) 44[deg]09.23' N. lat., 124[deg]15.96' W. long.;
    (30) 44[deg]08.38' N. lat., 124[deg]16.80' W. long.;
    (31) 44[deg]08.30' N. lat., 124[deg]16.75' W. long.;
    (32) 44[deg]01.18' N. lat., 124[deg]15.42' W. long.;
    (33) 43[deg]51.60' N. lat., 124[deg]14.68' W. long.;
    (34) 43[deg]42.66' N. lat., 124[deg]15.46' W. long.;
    (35) 43[deg]40.49' N. lat., 124[deg]15.74' W. long.;
    (36) 43[deg]38.77' N. lat., 124[deg]15.64' W. long.;
    (37) 43[deg]34.52' N. lat., 124[deg]16.73' W. long.;
    (38) 43[deg]28.82' N. lat., 124[deg]19.52' W. long.;
    (39) 43[deg]23.91' N. lat., 124[deg]24.28' W. long.;
    (40) 43[deg]20.83' N. lat., 124[deg]26.63' W. long.;
    (41) 43[deg]17.96' N. lat., 124[deg]28.81' W. long.;
    (42) 43[deg]16.75' N. lat., 124[deg]28.42' W. long.;
    (43) 43[deg]13.98' N. lat., 124[deg]31.99' W. long.;
    (44) 43[deg]13.71' N. lat., 124[deg]33.25' W. long.;
    (45) 43[deg]12.26' N. lat., 124[deg]34.16' W. long.;
    (46) 43[deg]10.96' N. lat., 124[deg]32.34' W. long.;
    (47) 43[deg]05.65' N. lat., 124[deg]31.52' W. long.;
    (48) 42[deg]59.66' N. lat., 124[deg]32.58' W. long.;
    (49) 42[deg]54.97' N. lat., 124[deg]36.99' W. long.;
    (50) 42[deg]53.81' N. lat., 124[deg]38.58' W. long.;
    (51) 42[deg]50.00' N. lat., 124[deg]39.68' W. long.;
    (52) 42[deg]49.14' N. lat., 124[deg]39.92' W. long.;
    (53) 42[deg]46.47' N. lat., 124[deg]38.65' W. long.;
    (54) 42[deg]45.60' N. lat., 124[deg]39.04' W. long.;
    (55) 42[deg]44.79' N. lat., 124[deg]37.96' W. long.;
    (56) 42[deg]45.00' N. lat., 124[deg]36.39' W. long.;
    (57) 42[deg]44.14' N. lat., 124[deg]35.16' W. long.;
    (58) 42[deg]42.15' N. lat., 124[deg]32.82' W. long.; and
    (59) 42[deg]40.50' N. lat., 124[deg]31.98' W. long.;
    (2) The second season (spring season), which is for the ``all-
depth'' fishery, is open on (insert dates beginning with May 11). The 
projected catch for this season is 175,474 lb (80 mt). If sufficient 
unharvested catch remains for additional fishing days, the season will 
re-open. Dependent on the amount of unharvested catch available, the 
potential season re-opening dates will be: (insert dates, no later than 
July 31). If NMFS decides inseason to allow fishing on any of these re-
opening dates, notice of the re-opening will be announced on the NMFS 
hotline (206) 526-6667 or (800) 662-9825. No halibut fishing will be 
allowed on the re-opening dates unless the date is announced on the 
NMFS hotline. (The final determination of the season dates would be 
based on the allowable harvest level and projected 2006 catch rates and 
on a public meeting held by ODFW after the 2006 TAC is set by the 
IPHC.)
    (3) If sufficient unharvested catch remains, the third season 
(summer season), which is for the ``all-depth'' fishery, will be open 
on (insert dates beginning with August 4), or until the combined spring 
season and summer season quotas in the area between Cape Falcon and 
Humbug Mountain, OR, totaling 233,965 lb (106 mt), are estimated to 
have been taken and the area is closed by the Commission, or October 
31, whichever is earlier. NMFS will announce on the NMFS hotline in 
July whether the fishery will re-open for the summer season in August. 
No halibut fishing will be allowed in the summer season fishery unless 
the dates are announced on the NMFS hotline. Additional fishing days 
may be opened if a certain amount of quota remains after August 6 and 
September 3. If after August 6, greater than or equal to 60,000 lb 
(27.2 mt) remains in the combined all-depth and inside 40-fm (73-m) 
quota, the fishery may re-open every Friday through Sunday, beginning 
August 11 - 13, and ending October 27 - 29. If after September 3, 
greater than or equal to 30,000 lb (13.6 mt) remains in the combined 
all-depth and inside 40-fm (73-m) quota, and the fishery is not already 
open every Friday through Sunday, the fishery may re-open every Friday 
through Sunday, beginning September 8 - 10, and ending October 27 - 29 
and may have a bag limit of two fish of any size per person, per day. 
NMFS will announce on the NMFS hotline whether the summer all-depth 
fishery will be open on such additional fishing days, what days the 
fishery will be open and what the bag limit is.
    (B) The daily bag limit is one halibut of any size per day per 
person, unless otherwise specified. NMFS will announce on the NMFS 
hotline any bag limit changes.
    (C) During days open to all-depth halibut fishing, no Pacific Coast 
groundfish may be taken and retained, possessed or landed, except 
sablefish when allowed by Pacific Coast groundfish regulations, if 
halibut are on board the vessel.
    (D) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only shoreward of a boundary line approximating 
the 40-fm (73-m) depth contour, halibut possession and retention by 
vessels operating seaward of a boundary line approximating the 40-fm 
(73-m) depth contour is prohibited.
    (E) A yelloweye rockfish conservation area off central Oregon is 
closed to sport fishing for halibut. Notwithstanding Section 24(12) of 
the annual domestic management measures and IPHC regulations, halibut 
may be retained onboard recreational fishing vessels trolling for 
salmon while those vessels are operating within this closed area. This 
area is defined by the following coordinates in the order listed:
    (1) 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    (2) 44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    (3) 44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    (4) 44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    (5) 44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    (6) and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. 
long.
    (vi) In the area south of Humbug Mountain, Oregon (42[deg]40.50' N. 
lat.) and off the California coast, there is no quota. This area is 
managed on a season that is projected to result in a catch of 8,293 lb 
(3.8 mt).

[[Page 4881]]

    (A) The fishing season will commence on May 1 and continue 7 days a 
week until October 31.
    (B) The daily bag limit is one halibut of any size per day per 
person.

Flexible Inseason Management Provisions for Sport Halibut Fisheries in 
Area 2A

    The flexible inseason management provisions in Area 2A have not 
changed since 2005. These provisions outline the process and 
circumstances that allow inseason adjustments to be made to the sport 
halibut fisheries in Area 2A. The flexible inseason management 
provisions are found at section (f)(5) of the Plan and previously 
appeared in the annual halibut management measures published in the 
Federal Register. These provisions would remain in the Plan, but would 
be moved from the annual halibut management measures into codified 
regulatory language at 50 CFR part 300, subpart E, beginning in 2006.

Fishery Election in Area 2A

    The fishery election process in Area 2A implements the Plan and has 
not changed since 2005. This section implements the restrictions for 
participation in the halibut fisheries in Area 2A. The fishery election 
in Area 2A previously appeared in the annual halibut management 
measures published in the Federal Register. This section would be moved 
from the annual halibut management measures into codified regulatory 
language at 50 CFR part 300, subpart E, beginning in 2006.

Area 2A Non-Treaty Commercial Fishery Closed Areas

    Since 2003, large closed areas have applied to commercial vessels 
operating in the directed non-treaty commercial fishery for halibut in 
Area 2A. The Area 2A non-treaty commercial fishery closed areas 
implement the Plan and previously appeared in the annual halibut 
management measures published in the Federal Register. This section 
would be moved from the annual halibut management measures into 
codified regulatory language at 50 CFR part 300, Subpart E, beginning 
in 2006.

Corrections

    50 CFR 300.63 paragraph (b)(3) would be corrected to revise an out 
of date reference to 50 CFR 660.323 paragraph (a)(2) which has since 
moved to 50 CFR 660.372. In addition, 50 CFR 300.63 paragraph (b)(3) 
would be corrected to revise coordinate references for Pt. Chehalis, 
WA, from degrees minutes seconds to degrees decimal minutes to match 
coordinate references for Pt. Chehalis, WA, in Federal Pacific Coast 
groundfish regulations.

Classification

    NMFS has prepared an RIR/IRFA and a CE on the proposed changes to 
the Plan and annual domestic Area 2A halibut management measures. 
Copies of these documents are available from NMFS (see ADDRESSES).
    NMFS prepared an IRFA that describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. The IRFA is available from 
NMFS (see ADDRESSES). A summary of the IRFA follows:
    A business involved in fish harvesting is a small business if it is 
independently owned and operated and not dominant in its field of 
operation (including its affiliates) and if it has combined annual 
receipts not in excess of $3.5 million for all its affiliated 
operations worldwide. A seafood processor is a small business if it is 
independently owned and operated, not dominant in its field of 
operation, and employs 500 or fewer persons on a full-time, part-time, 
temporary, or other basis, at all of its affiliated operations 
worldwide. A business involved in both the harvesting and processing of 
seafood products is a small business if it meets the $3.5 million 
criterion for fish harvesting operations. A wholesale business 
servicing the fishing industry is a small business if it employs 100 or 
fewer persons on a full-time, part-time, temporary, or other basis, at 
all of its affiliated operations worldwide. For marinas and charter/
party boats, a small business is one with annual receipts not in excess 
of $6.0 million. All of the businesses that would be affected by this 
action are considered small businesses under Small Business 
Administration guidance.
    The proposed changes to the Plan, which allocates the catch of 
Pacific halibut among users in Washington, Oregon and California, 
would: decrease the days open per week in the Washington North Coast 
subarea; specify the opening date for the June fishery in the 
Washington North Coast subarea as the first Thursday after June 17; 
revise the Washington South Coast subarea season to reopen the northern 
nearshore area on Fridays and Saturdays if insufficient quota remains 
to open the entire subarea for another fishing day; revise the 
definition of the northern nearshore area in the Washington South Coast 
subarea; increase the Oregon contribution to the Columbia River subarea 
allocation by taking it from the Oregon Central Coast subarea 
allocation; split the Columbia River subarea season into an early and a 
late season; prohibit retention of groundfish, except sablefish and 
Pacific cod, when Pacific halibut are onboard the vessel in the 
Columbia River subarea; allow an increase in the daily bag limit to two 
fish after Labor Day for the Oregon central coast; increase the Oregon 
possession limit on land from two daily limits to three daily limits 
statewide. NMFS proposes to update the tribal season in the Plan to 
reflect recent IPHC season date-setting trends. NMFS also proposes to 
implement the portions of the Plan and management measures that are not 
implemented through the IPHC, which includes the sport fishery 
management measures for Area 2A, the flexible inseason management 
provisions in Area 2A, fishery election in Area 2A, and Area 2A non-
treaty commercial fishery closed areas. NMFS proposes to codify all but 
the sport fishery management measures for Area 2A, at 50 CFR part 300, 
Subpart E. These actions are intended to enhance the conservation of 
Pacific halibut, to protect yelloweye rockfish and other overfished 
groundfish species from incidental catch in the halibut fisheries, and 
to provide greater angler opportunity where available.
    For each of the revisions proposed for 2006, the Council 
recommended a Plan or regulatory revision intended to either improve 
flexibility for anglers or to ensure consistency between Federal 
groundfish and halibut regulations. As mentioned in the preamble, WDFW 
and ODFW held state meetings and crafted alternatives to adjust 
management of the sport halibut fisheries in their respective states. 
These alternatives were then narrowed down by the states and brought to 
the Council at the Council's September and November meetings. 
Generally, by the time the alternatives reach the Council, and because 
they have been through the state public review process, they are 
narrowed down into the proposed action and status quo. There were no 
alternatives that could have similarly improved angler enjoyment of and 
participation in the fisheries while simultaneously protecting halibut 
and co-occurring groundfish species from overharvest.
    Approximately 750 vessels were issued IPHC licenses to retain 
halibut in 2005. IPHC issues licenses for: the directed commercial 
fishery in Area 2A, including licenses issued to retain halibut caught 
incidentally in the

[[Page 4882]]

primary sablefish fishery (216 licenses in 2005); incidental halibut 
caught in the salmon troll fishery (392 licenses in 2005); and the 
charterboat fleet (148 licenses in 2005). No vessel may participate in 
more than one of these three fisheries per year. Individual 
recreational anglers and private boats are the only sectors that are 
not required to have an IPHC license to retain halibut.
    Specific data on the economics of halibut charter operations is 
unavailable. However, in January 2004, the Pacific States Marine 
Fisheries Commission (Commission) completed a report on the overall 
West Coast charterboat fleet. In surveying charterboat vessels 
concerning their operations in 2000, the Commission estimated that 
there were about 315 charterboat vessels in operation off Washington 
and Oregon. Compared with the 148 IPHC licenses in 2005, this estimate 
suggests that approximately 45 percent of the charterboat fleet 
participates in the halibut fishery. The Commission has developed 
preliminary estimates of the annual revenues earned by this fleet and 
they vary by size class of the vessels and home state. Small 
charterboat vessels range from 15 to 30 ft (4.572 to 9.144 m), and 
typically carry 5 to 6 passengers. Medium charterboat vessels range 
from 31 to 49 ft (9.44 to 14.93 m) in length and typically carry 19 to 
20 passengers. (Neither state has large vessels of greater than 49 ft 
(14.93 m) in their fleet.) Average annual revenues from all types of 
recreational fishing, whalewatching and other activities ranged from 
$7,000 for small Oregon vessels to $131,000 for medium Washington 
vessels. These data confirm that charterboat vessels qualify as small 
entities under the Regulatory Flexibility Act (RFA).
    These changes are authorized under the Pacific Halibut Act, 
implementing regulations at 50 CFR 300.60 - .65, and the Pacific 
Council process of annually evaluating the utility and effectiveness of 
Area 2A Pacific halibut management under the Plan. The proposed changes 
to the Plan and annual domestic Area 2A halibut management measures are 
expected to result in either no impact at all, or a modest increase in 
fishing opportunity for commercial and sport halibut fishermen and 
operators. The proposed sport management measures for 2006 implement 
the Plan by managing the recreational fishery to meet the differing 
fishery needs of the various areas along the coast according to the 
Plan's objectives. The proposed commercial management measures will 
allow the fishery access to a portion of the Area 2A TAC while 
protecting overfished rockfish species that co-occur with halibut. The 
measures will be very similar to last year's management measures. The 
changes to the Plan and domestic management measures are minor changes 
and are intended to increase flexibility in management and opportunity 
to harvest available quota. There are no large entities involved in the 
halibut fisheries; therefore, none of these changes to the Plan and 
domestic management measures will have a disproportionate negative 
effect on small entities versus large entities. None of these changes 
to the Plan will significantly reduce profitability for small entities. 
In fact, increasing opportunity to harvest available quota and 
increasing the area available to fishing may increase profitability for 
some small entities along the West Coast.
    These changes do not include any reporting or recordkeeping 
requirements. These changes will also not duplicate, overlap or 
conflict with other laws or regulations. Consequently, these changes to 
the Plan and annual domestic Area 2A halibut management measures are 
not expected to meet any of the RFA tests of having a ``significant'' 
economic impact on a ``substantial number'' of small entities. 
Nonetheless, NMFS has prepared an IRFA.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    Pursuant to Executive Order 13175, the Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. At section 302(b)(5), the 
Magnuson-Stevens Fishery Conservation and Management Act establishes a 
seat on the Pacific Council for a representative of an Indian tribe 
with federally recognized fishing rights from California, Oregon, 
Washington, or Idaho.
    The U.S. Government formally recognizes that the 12 Washington 
Tribes have treaty rights to fish for Pacific halibut. In general 
terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed (U and A) fishing areas (described at 50 CFR 300.64). 
Each of the treaty tribes has the discretion to administer their 
fisheries and to establish their own policies to achieve program 
objectives. Accordingly, tribal allocations and regulations, including 
the proposed changes to the Plan, have been developed in consultation 
with the affected tribe(s) and, insofar as possible, with tribal 
consensus.

List of Subjects in 50 CFR Part 300

    Fishing, Fisheries, and Indian fisheries.

    Dated: January 24, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 300 is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et 
seq.; 16 U.S.C. 973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-
3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 
et seq.
    2. In Sec.  300.63, paragraph (b)(3) is revised, and paragraphs (c) 
through (g) are added to read as follows:


Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (b) * * *
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the primary directed longline 
sablefish fishery north of 46[deg]53.30' N. lat, (Pt. Chehalis, WA), 
which is regulated under 50 CFR 660.372. This fishing opportunity is 
only available in years in which the Area 2A TAC is greater than 
900,000 lb (408.2 mt,) provided that a minimum of 10,000 lb (4.5 mt) is 
available above a Washington recreational TAC of 214,100 lb (97.1 mt). 
Each year that this harvest is available, the landing restrictions 
necessary to keep this fishery within its allocation will be 
recommended by the Pacific Fishery Management Council at its spring 
meetings, and will be published in the Federal Register. These 
restrictions will be designed to ensure the halibut harvest is 
incidental to the sablefish harvest and will be based on the amounts of 
halibut and sablefish available to this fishery, and other pertinent 
factors. The restrictions may include catch or landing ratios, landing 
limits, or other means to control the rate of halibut landings.
    (i) In years when this incidental harvest of halibut in the 
directed sablefish fishery north of 46[deg]53.30' N. lat. is allowed, 
it is allowed only for vessels using longline gear that are registered 
to groundfish limited entry permits with sablefish endorsements and 
that possess the appropriate incidental halibut harvest license issued 
by the Commission.

[[Page 4883]]

    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 46[deg]53.30' N. lat. that were taken and retained as 
incidental catch authorized by this section in the directed longline 
sablefish fishery.
* * * * *
    (c) Flexible Inseason Management Provisions for Sport Halibut 
Fisheries in Area 2A.
    (1) The Regional Administrator, NMFS Northwest Region, after 
consultation with the Chairman of the Pacific Fishery Management 
Council, the Commission Executive Director, and the Fisheries 
Director(s) of the affected state(s), or their designees, is authorized 
to modify regulations during the season after making the following 
determinations:
    (i) The action is necessary to allow allocation objectives to be 
met.
    (ii) The action will not result in exceeding the catch limit for 
the area.
    (iii) 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 
another Washington sport subarea.
    (iv) If any of the sport fishery subareas south of Leadbetter 
Point, WA are not projected to utilize their respective quotas by their 
season ending dates, NMFS may take inseason action to transfer any 
projected unused quota to another Oregon sport subarea.
    (2) Flexible inseason management provisions include, but are not 
limited to, the following:
    (i) Modification of sport fishing periods;
    (ii) Modification of sport fishing bag limits;
    (iii) Modification of sport fishing size limits;
    (iv) Modification of sport fishing days per calendar week; and
    (v) Modification of subarea quotas north of Cape Falcon, OR.
    (3) Notice procedures.
    (i) Actions taken under this section will be published in the 
Federal Register.
    (ii) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the Northwest Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through October) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF-FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current 
information for the area in which they are fishing.
    (4) Effective dates.
    (i) Any action issued under this section is effective on the date 
specified in the publication or at the time that the action is filed 
for public inspection with the Office of the Federal Register, 
whichever is later.
    (ii) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal Register. 
If the Regional Administrator determines, for good cause, that an 
inseason action must be filed without affording a prior opportunity for 
public comment, public comments will be received for a period of 15 
days after publication of the action in the Federal Register.
    (iii) Any inseason action issued under this section will remain in 
effect until the stated expiration date or until rescinded, modified, 
or superseded. However, no inseason action has any effect beyond the 
end of the calendar year in which it is issued.
    (5) Availability of data. The Regional Administrator will compile, 
in aggregate form, all data and other information relevant to the 
action being taken and will make them available for public review 
during normal office hours at the Northwest Regional Office, NMFS, 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA.
    (d) Fishery Election in Area 2A.
    (1) A vessel that fishes in Area 2A may participate in only one of 
the following three fisheries in Area 2A:
    (i) The sport fishery under Section 24 of the annual domestic 
management measures and IPHC regulations;
    (ii) The commercial directed fishery for halibut during the fishing 
period(s) established in Section 8 of the annual domestic management 
measures and IPHC regulations and/or the incidental retention of 
halibut during the primary sablefish fishery described at 50 CFR 
660.372; or
    (iii) The incidental catch fishery during the salmon troll fishery 
as authorized in Section 8 of the annual domestic management measures 
and IPHC regulations.
    (2) No person shall fish for halibut in the sport fishery in Area 
2A under Section 24 of the annual domestic management measures and IPHC 
regulations from a vessel that has been used during the same calendar 
year for commercial halibut fishing in Area 2A or that has been issued 
a permit for the same calendar year for the commercial halibut fishery 
in Area 2A.
    (3) No person shall fish for halibut in the directed commercial 
halibut fishery during the fishing periods established in Section 8 of 
the annual domestic management measures and IPHC regulations and/or 
retain halibut incidentally taken in the primary sablefish fishery in 
Area 2A 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 Section 8 of the annual domestic management measures and 
IPHC regulations.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the primary 
sablefish fishery in Area 2A from a vessel that, during the same 
calendar year, has been used in the sport halibut fishery in Area 2A or 
that is licensed for the sport charter halibut fishery in Area 2A.
    (5) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures and IPHC regulations taken on a vessel that, during the same 
calendar year, has been used in the sport halibut fishery in Area 2A, 
or that is licensed for the sport charter halibut fishery in Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures and IPHC regulations taken on a vessel that, during the same 
calendar year, has been used in the directed commercial halibut fishery 
during the fishing periods established in Section 8 of the annual 
domestic management measures and IPHC regulations and/or retained 
halibut incidentally taken in the primary sablefish fishery for Area 2A 
or that is licensed to participate in these commercial fisheries during 
the fishing periods established in Section 8 of the annual domestic 
management measures and IPHC regulations in Area 2A.
    (e) Area 2A Non-Treaty Commercial Fishery Closed Areas. Non-treaty 
commercial vessels operating in the directed commercial fishery for 
halibut in Area 2A are required to fish outside of a closed area, known 
as the Rockfish Conservation Area (RCA), that extends along the coast 
from the U.S./Canada border south to 40[deg]10' N. lat. Between the 
U.S./Canada border and 46[deg]16' N. lat., the eastern boundary of the 
RCA is the shoreline. Between 46[deg]16' N. lat. and 40[deg]10' N. 
lat., the RCA is defined along an eastern boundary approximating the 
30-fm (55-m) depth contour. Coordinates for the 30-fm (55-m) boundary 
are listed at Sec.  300.63 (f). Between the U.S./Canada border and 
40[deg]10' N. lat., the RCA is defined along

[[Page 4884]]

a western boundary approximating the 100-fm (183-m) depth contour. 
Coordinates for the 100-fm (183-m) boundary are listed at Sec.  300.63 
(g).
    (f) The 30-fm (55-m) depth contour between 46[deg]16' N. lat. and 
40[deg]10' N. lat. is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 46[deg]16.00' N. lat., 124[deg]13.05' W. long.;
    (2) 46[deg]07.00' N. lat., 124[deg]07.01' W. long.;
    (3) 45[deg]55.95' N. lat., 124[deg]02.23' W. long.;
    (4) 45[deg]54.53' N. lat., 124[deg]02.57' W. long.;
    (5) 45[deg]50.65' N. lat., 124[deg]01.62' W. long.;
    (6) 45[deg]48.20' N. lat., 124[deg]02.16' W. long.;
    (7) 45[deg]46.00' N. lat., 124[deg]01.86' W. long.;
    (8) 45[deg]43.47' N. lat., 124[deg]01.28' W. long.;
    (9) 45[deg]40.48' N. lat., 124[deg]01.03' W. long.;
    (10) 45[deg]39.04' N. lat., 124[deg]01.68' W. long.;
    (11) 45[deg]35.48' N. lat., 124[deg]01.89' W. long.;
    (12) 45[deg]29.81' N. lat., 124[deg]02.45' W. long.;
    (13) 45[deg]27.96' N. lat., 124[deg]01.89' W. long.;
    (14) 45[deg]27.22' N. lat., 124[deg]02.67' W. long.;
    (15) 45[deg]24.20' N. lat., 124[deg]02.94' W. long.;
    (16) 45[deg]20.60' N. lat., 124[deg]01.74' W. long.;
    (17) 45[deg]20.25' N. lat., 124[deg]01.85' W. long.;
    (18) 45[deg]16.44' N. lat., 124[deg]03.22' W. long.;
    (19) 45[deg]13.63' N. lat., 124[deg]02.70' W. long.;
    (20) 45[deg]11.04' N. lat., 124[deg]03.59' W. long.;
    (21) 45[deg]08.55' N. lat., 124[deg]03.47' W. long.;
    (22) 45[deg]02.82' N. lat., 124[deg]04.64' W. long.;
    (23) 45[deg]03.38' N. lat., 124[deg]04.79' W. long.;
    (24) 44[deg]58.06' N. lat., 124[deg]05.03' W. long.;
    (25) 44[deg]53.97' N. lat., 124[deg]06.92' W. long.;
    (26) 44[deg]48.89' N. lat., 124[deg]07.04' W. long.;
    (27) 44[deg]46.94' N. lat., 124[deg]08.25' W. long.;
    (28) 44[deg]42.72' N. lat., 124[deg]08.98' W. long.;
    (29) 44[deg]38.16' N. lat., 124[deg]11.48' W. long.;
    (30) 44[deg]33.38' N. lat., 124[deg]11.54' W. long.;
    (31) 44[deg]28.51' N. lat., 124[deg]12.03' W. long.;
    (32) 44[deg]27.65' N. lat., 124[deg]12.56' W. long.;
    (33) 44[deg]19.67' N. lat., 124[deg]12.37' W. long.;
    (34) 44[deg]10.79' N. lat., 124[deg]12.22' W. long.;
    (35) 44[deg]09.22' N. lat., 124[deg]12.28' W. long.;
    (36) 44[deg]08.30' N. lat., 124[deg]12.30' W. long.;
    (37) 44[deg]00.22' N. lat., 124[deg]12.80' W. long.;
    (38) 43[deg]51.56' N. lat., 124[deg]13.17' W. long.;
    (39) 43[deg]44.26' N. lat., 124[deg]14.50' W. long.;
    (40) 43[deg]33.82' N. lat., 124[deg]16.28' W. long.;
    (41) 43[deg]28.66' N. lat., 124[deg]18.72' W. long.;
    (42) 43[deg]23.12' N. lat., 124[deg]24.04' W. long.;
    (43) 43[deg]20.83' N. lat., 124[deg]25.67' W. long.;
    (44) 43[deg]20.49' N. lat., 124[deg]25.90' W. long.;
    (45) 43[deg]16.41' N. lat., 124[deg]27.52' W. long.;
    (46) 43[deg]14.23' N. lat., 124[deg]29.28' W. long.;
    (47) 43[deg]14.03' N. lat., 124[deg]28.31' W. long.;
    (48) 43[deg]11.92' N. lat., 124[deg]28.26' W. long.;
    (49) 43[deg]11.02' N. lat., 124[deg]29.11' W. long.;
    (50) 43[deg]10.13' N. lat., 124[deg]29.15' W. long.;
    (51) 43[deg]09.27' N. lat., 124[deg]31.03' W. long.;
    (52) 43[deg]07.73' N. lat., 124[deg]30.92' W. long.;
    (53) 43[deg]05.93' N. lat., 124[deg]29.64' W. long.;
    (54) 43[deg]01.59' N. lat., 124[deg]30.64' W. long.;
    (55) 42[deg]59.73' N. lat., 124[deg]31.16' W. long.;
    (56) 42[deg]53.75' N. lat., 124[deg]36.09' W. long.;
    (57) 42[deg]50.00' N. lat., 124[deg]38.39' W. long.;
    (58) 42[deg]49.37' N. lat., 124[deg]38.81' W. long.;
    (59) 42[deg]46.42' N. lat., 124[deg]37.69' W. long.;
    (60) 42[deg]46.07' N. lat., 124[deg]38.56' W. long.;
    (61) 42[deg]45.29' N. lat., 124[deg]37.95' W. long.;
    (62) 42[deg]45.61' N. lat., 124[deg]36.87' W. long.;
    (63) 42[deg]44.28' N. lat., 124[deg]33.64' W. long.;
    (64) 42[deg]42.75' N. lat., 124[deg]31.84' W. long.;
    (65) 42[deg]40.50' N. lat., 124[deg]29.67' W. long.;
    (66) 42[deg]40.04' N. lat., 124[deg]29.19' W. long.;
    (67) 42[deg]38.09' N. lat., 124[deg]28.39' W. long.;
    (68) 42[deg]36.72' N. lat., 124[deg]27.54' W. long.;
    (69) 42[deg]36.56' N. lat., 124[deg]28.40' W. long.;
    (70) 42[deg]35.76' N. lat., 124[deg]28.79' W. long.;
    (71) 42[deg]34.03' N. lat., 124[deg]29.98' W. long.;
    (72) 42[deg]34.19' N. lat., 124[deg]30.58' W. long.;
    (73) 42[deg]31.27' N. lat., 124[deg]32.24' W. long.;
    (74) 42[deg]27.07' N. lat., 124[deg]32.53' W. long.;
    (75) 42[deg]24.21' N. lat., 124[deg]31.23' W. long.;
    (76) 42[deg]20.47' N. lat., 124[deg]28.87' W. long.;
    (77) 42[deg]14.60' N. lat., 124[deg]26.80' W. long.;
    (78) 42[deg]13.67' N. lat., 124[deg]26.25' W. long.;
    (79) 42[deg]10.90' N. lat., 124[deg]24.57' W. long.;
    (80) 42[deg]07.04' N. lat., 124[deg]23.35' W. long.;
    (81) 42[deg]02.16' N. lat., 124[deg]22.59' W. long.;
    (82) 42[deg]00.00' N. lat., 124[deg]21.81' W. long.;
    (83) 41[deg]55.75' N. lat., 124[deg]20.72' W. long.;
    (84) 41[deg]50.93' N. lat., 124[deg]23.76' W. long.;
    (85) 41[deg]42.53' N. lat., 124[deg]16.47' W. long.;
    (86) 41[deg]37.20' N. lat., 124[deg]17.05' W. long.;
    (87) 41[deg]24.58' N. lat., 124[deg]10.51' W. long.;
    (88) 41[deg]20.73' N. lat., 124[deg]11.73' W. long.;
    (89) 41[deg]17.59' N. lat., 124[deg]10.66' W. long.;
    (90) 41[deg]04.54' N. lat., 124[deg]14.47' W. long.;
    (91) 40[deg]54.26' N. lat., 124[deg]13.90' W. long.;
    (92) 40[deg]40.31' N. lat., 124[deg]26.24' W. long.;
    (93) 40[deg]34.00' N. lat., 124[deg]27.39' W. long.;
    (94) 40[deg]30.00' N. lat., 124[deg]31.32' W. long.;
    (95) 40[deg]28.89' N. lat., 124[deg]32.43' W. long.;
    (96) 40[deg]24.77' N. lat., 124[deg]29.51' W. long.;
    (97) 40[deg]22.47' N. lat., 124[deg]24.12' W. long.;
    (98) 40[deg]19.73' N. lat., 124[deg]23.59' W. long.;
    (99) 40[deg]18.64' N. lat., 124[deg]21.89' W. long.;
    (100) 40[deg]17.67' N. lat., 124[deg]23.07' W. long.;

[[Page 4885]]

    (101) 40[deg]15.58' N. lat., 124[deg]23.61' W. long.;
    (102) 40[deg]13.42' N. lat., 124[deg]22.94' W. long.; and
    (103) 40[deg]10.00' N. lat., 124[deg]16.65' W. long.
    (g) The 100-fm (183-m) depth contour between the U.S./Canada border 
and 40[deg]10' N. lat. is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 48[deg]15.00' N. lat., 125[deg]41.00' W. long.;
    (2) 48[deg]14.00' N. lat., 125[deg]36.00' W. long.;
    (3) 48[deg]09.50' N. lat., 125[deg]40.50' W. long.;
    (4) 48[deg]08.00' N. lat., 125[deg]38.00' W. long.;
    (5) 48[deg]05.00' N. lat., 125[deg]37.25' W. long.;
    (6) 48[deg]02.60' N. lat., 125[deg]34.70' W. long.;
    (7) 47[deg]59.00' N. lat., 125[deg]34.00' W. long.;
    (8) 47[deg]57.26' N. lat., 125[deg]29.82' W. long.;
    (9) 47[deg]59.87' N. lat., 125[deg]25.81' W. long.