Pacific Halibut Fisheries; Catch Sharing Plan, 5745-5755 [2010-2413]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Proposed Rules]
[Pages 5745-5755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2413]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 100119028-0029-01]
RIN 0648-AY31


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 implement the 
portions of the Plan and management measures that are not implemented 
through the IPHC. This includes tribal regulations and the sport 
fishery allocations and management measures for Area 2A. These actions 
are intended to enhance the conservation of Pacific halibut, to provide 
greater angler opportunity where available, and to protect overfished 
groundfish species from being incidentally caught in the halibut 
fisheries.

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 19, 2010.

ADDRESSES:  Copies of the Plan and Regulatory Impact Review (RIR)/
Initial Regulatory Flexibility Analysis (IRFA) are available from Barry 
Thom, Acting Regional Administrator, Northwest Region, NMFS, 7600 Sand 
Point Way NE, Seattle, WA 98115-0070. Electronic copies of the Plan, 
including proposed changes for 2010, and of the draft RIR/IRFA are also 
available at the NMFS Northwest Region website: https://www.nwr.noaa.gov, click on ``Groundfish & Halibut'' and then click on 
``Pacific Halibut''.
    You may submit comments, identified by RIN 0648-AY31, by any one of 
the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov
     Fax: 206-526-6736, Attn: Sarah Williams.
     Mail: Barry Thom, Acting Administrator, Northwest Region, 
NMFS, Attn: Sarah Williams, 7600 Sand Point Way NE, Seattle, WA 98115-
0070.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/a in the required 
fields if you wish to remain anonymous. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, 7600 Sand Point Way 
NE, Seattle, WA, 98115. By phone at 206-526-4646 or fax at 206-526-
6736.

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) 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 to Washington treaty Indian 
tribes in Subarea 2A-1 and 65 percent to non-tribal fisheries in Area 
2A.
    The allocation to non-tribal 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 six 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 26-29, 2010, in Seattle, WA. Following the annual meeting the 
IPHC publishes the final TAC on their website and produces a news 
release. Through this proposed rule NMFS requests public comments on 
the Pacific Council's recommended modifications to the Plan and the 
proposed domestic fishing regulations by [insert date of end of comment 
period]. 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 
final Area 2A TAC is known and after NMFS reviews public comments and 
comments from the states, NMFS will issue a final rule for Areas 2A, 
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, Pacific halibut fisheries 
concurrent with its publication of the IPHC regulations for the 2010 
Pacific halibut fisheries. A 15 day public comment period is necessary 
with this proposed rule to balance two purposes, first to provide the 
public with enough time to comment on the proposed rule after the final 
TAC is decided by the IPHC, and second to incorporate the final U.S. 
domestic

[[Page 5746]]

regulations into the IPHC regulations in order to have the combined 
regulations in place as close to March 1 as possible. The regulations 
need to be in effect in early March because most commercial fishing 
seasons started on March 21 last year. The IPHC may change that date 
for 2010, so this information needs to be published soon after the IPHC 
meeting to adjust the starting date and notify the public of that date 
so the industry can plan for the season.
    Combining the IPHC regulations with the domestic regulations for 
Washington, Oregon, California and Alaska is in the best interest of 
the public because this publishes all the halibut regulations in one 
Federal Register notice. These annual halibut regulations are not 
codified in the CFR, so this notice is where the fishermen get their 
information. This reduces confusion for fishery participants because 
then they only have to reference one document for all Pacific halibut 
regulations on the West Coast and in Alaska. Combining these 
regulations also eliminates errors that may occur from trying to 
separate the halibut regulations into two different rules. The 
separation could be confusing to the public because many of the IPHC 
regulations apply to all West Coast and Alaska Pacific halibut 
fisheries in the U.S. therefore requiring many U.S. fishermen to refer 
to two separate Federal Register notices for one fishery.
    This proposed rule would also update the codified boundaries of the 
non-trawl Rockfish Conservation Area (RCA) at 50 CFR 300.63, to make 
them consistent with the boundaries in groundfish regulations at 50 CFR 
660 Table 4. The RCAs for both fisheries serve the same purpose, 
protection of overfished groundfish, and so the boundaries are meant to 
be the same. Most commercial halibut fishermen also participate in the 
groundfish fishery, so they are familiar with these boundaries. Non-
treaty commercial vessels operating in the directed commercial fishery 
for halibut in Area 2A are required to fish outside of the non-trawl 
RCA, which extends along the coast. The eastern and western boundaries 
of the RCA vary along the coast. Because the boundaries of the RCA are 
intended to be the same for both groundfish and halibut fisheries this 
rule would update the coordinates in the halibut regulations for some 
depth contour lines and RCA boundaries, to make them consistent with 
the current groundfish regulations and RCA boundaries. 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 43[deg] 00' N. 
lat, the RCA is defined along an eastern boundary by a line 
approximating the 30 fm (55-m) depth contour. Coordinates for the 30 fm 
(55 m) boundary are listed at 50 CFR 300.63 (f), this proposed rule 
would update these coordinates so they are consistent with current 
groundfish regulations at 50 CFR 660.391(e). Between 43[deg] 00' N. lat 
and 42[deg] 00' N. lat., the RCA is defined along an eastern boundary 
line approximating the 20 fm (37-m) depth contour. Coordinates for the 
20 fm (37 m) boundary line are listed at 50 CFR 660.391(b), no 20 fm 
(37m) boundary line is currently specified in halibut regulations. 
Therefore this proposed rule would insert a cross-reference to 50 CFR 
660.391(b) into 50 CFR 300.63(e) which defines the boundary line 
approximating the 20 fm (37 m) depth contour between the U.S. Border 
with Canada and 42[deg] 00' N. lat. Between 42[deg] 00' N. lat. and 
40[deg] 10' N. lat., the RCA is defined along an eastern boundary by 
the 20 fm (37 m) depth contour. Currently in regulations there is no 
boundary line defined for the 20 fm (37 m) line between these 
coordinates. Between the U.S./Canada border and 40[deg] 10' N. lat., 
the RCA is defined along a western boundary approximating the 100 fm 
(183 m) depth contour. Coordinates for the 100 fm (183 m) boundary are 
listed at 50 CFR 300.63 (g). The proposed rule would update these 
coordinates so they are consistent with current groundfish regulations 
at 50 CFR 660.393(a).

Incidental Halibut Retention in the Primary Sablefish Fishery North of 
Pt. Chehalis, Washington

    Preliminary estimates of the Area 2A TAC are lower than the 2009 
TAC. The preliminary IPHC TAC recommendation for area 2A is less than 
900,000 lb (408.2 mt), which results in a Washington sport allocation 
that is less than 214,110 lb (97.1 mt). According to the catch sharing 
plan, incidental halibut retention would not be allowed in the primary 
directed sablefish fishery north of Point Chehalis, WA, in 2010 under 
the current preliminary IPHC TAC recommendation. While the preliminary 
TAC recommendation for area 2A may change following the IPHC annual 
meeting, it is not anticipated that the TAC will change enough to allow 
for incidental halibut retention in the primary sablefish fishery.

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 the 
tribes with treaty fishing rights for halibut 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 2009 Pacific Council meeting, 
WDFW and ODFW recommended several changes to the Plan. The tribes did 
not submit any proposals for revising the Plan in 2010. Following the 
meeting, the states again reviewed their proposals with the public and 
drafted their recommended revisions for review and recommendation by 
the Pacific Council.
    At its October 31-November 5, 2009, meeting in Costa Mesa, CA, the 
Pacific Council considered the results of state-sponsored workshops on 
the proposed changes to the Plan and public comments, and made final 
recommendations for modifications to the Plan and implementing 
regulations as follows:
    1. Specify that the Washington South Coast Subarea primary season 
will be open Sunday and Tuesday through the third week in May, open on 
Sunday only for the fourth week in May and return to Sunday and Tuesday 
after the fourth week in May. Under the status-quo this fishery would 
be open on Sunday and Tuesday for the first two weeks of the fishery 
but would have then continued on Sundays only for the remainder of the 
season. The goal of this change to the Catch Sharing Plan is to provide 
more opportunity to participate in this fishery and to balance weekday 
and weekend fishing, having the fishery open on Sunday only for the 
fourth week in May allows managers to tally the catch to assess the 
possibility of later openings;
    2. Specify that the Washington South Coast subarea nearshore area 
will be open seven days per week. Under the status-quo, this fishery 
was open three days per week during the primary season in addition to 
the days that the primary fishery was open, and was open four days per 
week after the primary season was closed. The goal of this change is to 
allow better access to the nearshore quota;
    3. Revise the northern and western boundaries of the Washington 
nearshore area. This will align the nearshore area with the boundary 
line approximating the 30-fm depth contour as specified in Federal 
regulations at 50 CFR 660.391. Under the status-quo a small section of 
the Washington nearshore area was outside of the 30-fm line. The goal 
of this change is to promote ease of compliance and enforcement. 
According

[[Page 5747]]

to the fishermen in this area there are no ``targetable'' areas for 
halibut within the area that will be added to the nearshore area as a 
result of this change, so impacts to groundfish and halibut are not 
expected to increase;
    4. Specify that lingcod retention is allowed in the Washington 
South Coast subarea seaward of the 30-fm line and on days when the 
primary fishery is open. The State of Washington will prohibit further 
fishing seaward of the 30 fm line once the vessel reaches its daily bag 
limit of halibut. Under the status quo, Pacific Coast Groundfish 
regulations prohibit fishing for groundfish, including lingcod, in the 
recreational fishery seaward of the 30-fm line at certain times. The 
goal of this change is to provide lingcod retention opportunity for 
anglers who have previously had to discard lingcod while fishing 
seaward of the 30-fm line and who would then move shoreward to catch 
smaller lingcod or no lingcod;
    5. Change the open days in the Oregon Central Coast subarea all 
depth fishery from three days per week to two days per week, Friday and 
Saturday. Under the status-quo this fishery was open Friday through 
Sunday. The goal of this change is to extend the season in this area, 
while not impacting the quota of the inside 40 fm fishery as happened 
in 2009.

Proposed Changes to the Plan

    NMFS is proposing to approve the Pacific Council recommendations 
and to implement the above-described changes by making the following 
changes to the current Plan, which can be found at https://www.nwr.noaa.gov/Groundfish-Halibut/Pacific-Halibut/Index.cfm :
    In section (f) of the Plan, Sport Fisheries, revise section (iii), 
Washington south coast subarea, to read as follows: This sport fishery 
is allocated 12.3 percent of the first 130,845 lb (59.4 mt) allocated 
to the Washington sport fishery, and 32 percent of the Washington sport 
allocation between 130,845 lb (59.4 mt) and 224,110 lb (101.7 mt) 
(except as provided in section (e)(3) of this Plan. This subarea is 
defined as waters south of the Queets River (47[deg] 31.70' N. lat.) 
and north of Leadbetter Point (46[deg] 38.17' N. lat.). The structuring 
objective for this subarea is to maximize the season length, while 
maintaining a quality fishing experience. The south coast subarea quota 
will be allocated as follows: 10% or 2,000 pounds, whichever is less, 
will be set aside for the nearshore fishery with the remaining amount 
allocated to the primary fishery. During days open to the primary 
fishery and seaward of the 30-fm line lingcod may be taken, retained 
and possessed, when allowed by groundfish regulations. The fishery will 
open on the first Sunday in May. The primary fishery will be open two 
days per week, Sunday and Tuesday, in all areas, except where 
prohibited. During the fourth week in May, the primary fishery will be 
open on Sundays only. Beginning the following week, the fishery would 
continue two days per week, Sunday and Tuesday, until the quota for the 
primary fishery season is reached or September 30, whichever is 
earlier. If there is insufficient quota remaining to reopen the primary 
fishery for another fishing day, the remaining primary fishery quota 
will be added to the nearshore quota. The nearshore fishery takes 
place, in the area from 47 31.70' N. lat. south to 46[deg] 58.00' N. 
lat. and east of a boundary line approximating the 30 fathom depth 
contour as defined by the following coordinates:
    (1) 47[deg] 31.70 N. lat, 124[deg] 37.03 W. long;
    (2) 47[deg] 25.67 N. lat, 124[deg] 34.79 W. long;
    (3) 47[deg] 12.82 N. lat, 124[deg] 29.12 W. long;
    (4) 46[deg] 58.00 N. lat, 124[deg] 24.24 W. long.
    During the primary season the nearshore fishery will be open seven 
days per week. Subsequent to the closure of the primary fishery, the 
nearshore fishery will continue seven days per week until the remaining 
quota is projected to be taken. If the fishery is closed prior to 
September 30, and there is insufficient quota remaining to reopen the 
nearshore areas for another fishing day, then any remaining quota may 
be transferred inseason to another Washington coastal subarea by NMFS 
via an update to the recreational halibut hotline. The daily bag limit 
is one halibut per person, with no size limit.
    Recreational fishing for groundfish and halibut is prohibited 
within two YRCA's off Washington's southern coast. The South Coast 
Recreational YRCA and the Westport Offshore YRCA are defined by 
straight lines connecting latitude and longitude coordinates. 
Coordinates for these Recreational YRCAs are specified in groundfish 
regulations at 50 CFR 660.390 and will be specifically defined annually 
in federal halibut regulations published in the Federal Register.
    In section (f) of the Plan, Sport Fisheries, (v) Oregon central 
coast subarea, C, revise this section to read as follows: 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 and Saturday 
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 and Saturdays 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-
fathom (73 m) quotas) is 60,000 lb (27.2 mt) or more, the fishery will 
re-open on every Friday and Saturday (versus every other Friday and 
Saturday), 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-fathom (73 m) quotas) is 
30,000 lb (13.6 mt) or more and the fishery is not already open every 
Friday and Saturday, the fishery will re-open on every Friday and 
Saturday (versus every other Friday and Saturday), 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.

Proposed 2010 Sport Fishery Management Measures

    NMFS is proposing sport fishery management measures that are 
necessary to implement the Plan in 2010. The annual domestic management 
measures are published each year through a final rule. For the 2009 
fishing season the final rule was published on March 19, 2009, (74 FR 
11681) and the following section numbers refer to sections within that 
final rule. The final 2010 TAC for Area 2A will be determined by the 
IPHC at its annual meeting on January 26-29, 2010, in Seattle, WA. 
Because the final 2010 TAC has not yet been determined, these proposed 
sport fishery management measures use the IPHC staff's preliminary 2010 
Area 2A TAC

[[Page 5748]]

recommendation of 760,000 lb (344.7 mt) which is lower than the 2009 
TAC of 950,000 lb (430.9 mt). Where season dates are not indicated, 
those dates will be provided in the final rule, following determination 
of the 2010 TAC and consultation with the states and the public. In 
Section 8 of the annual domestic management measures, ``Fishing 
Periods'', paragraph (2) is proposed to read as follows:
    (2) Each fishing period in the Area 2A directed fishery shall begin 
at 0800 hours and terminate at 1800 hours local time on (insert season 
dates) unless the Commission specifies otherwise.
    (3) In Area 2A incidental catch of halibut in the primary sablefish 
fishery is not authorized in 2010.
    (4) * * *
    (5) * * *
    (6) * * *
    In section 26 of the annual domestic management measures, ``Sport 
Fishing for Halibut,'' paragraph 1(a)-(b) will be updated with 2010 
total allowable catch limits in the final rule. In section 26 of the 
annual domestic management measures, ``Sport Fishing for Halibut'' 
paragraph (8) is proposed to read as follows:
    (8) * * *
    (a) The area 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., is not managed in-season relative to its quota. This area is 
managed by setting a season that is projected to result in a catch of 
46,735 lb (21.1 mt).
    (i) 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).
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (b) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (2)(a) of 
section 26 and north of the Queets River (47[deg]31.70' N. lat.), is 
97, 372 lb (44.1 mt).
    (i) The fishing seasons are:
    (A) Commencing on May 13 and continuing 2 days a week (Thursday and 
Saturday) until 97,372 lb (44.1 mt) are estimated to have been taken 
and the season is closed by the Commission or until May 29.
    (B) If sufficient quota remains the fishery will reopen on June 3 
in the entire north coast subarea, continuing 2 days per week (Thursday 
and Saturday) until there is not sufficient quota for another full day 
of fishing and the area is closed by the Commission. When there is 
insufficient quota remaining to reopen the entire north coast subarea 
for another day, then the nearshore areas described below will reopen 
for 2 days per week (Thursday and Saturday), until the overall quota of 
97,372 lb (44.1 mt) is estimated to have been taken and the area is 
closed by the Commission, or until September 30, whichever is earlier. 
After May 29, any fishery opening will be announced on the NMFS hotline 
at 800-662-9825. No halibut fishing will be allowed after May 29 unless 
the date is announced on the NMFS hotline. The nearshore areas for 
Washington's North Coast fishery are defined as follows:
    (1) WDFW Marine Catch Area 4B, which is all waters west of the 
Sekiu River mouth, as defined by 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., to the Bonilla-Tatoosh line, as defined by a 
line connecting the light on Tatoosh Island, WA, with the light on 
Bonilla Point on Vancouver Island, British Columbia (at 48[deg]35.73' 
N. lat., 124[deg]43.00' W. long.) south of the International Boundary 
between the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]43.55' 
W. long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (2) Shoreward of the recreational halibut 30-fm boundary line, a 
modified line approximating the 30-fm depth contour from the Bonilla-
Tatoosh line south to the Queets River. The recreational halibut 30-fm 
boundary line is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 48[deg]24.79' N. lat., 124[deg]44.07' W. long.;
    (2) 48[deg]24.80' N. lat., 124[deg]44.74' W. long.;
    (3) 48[deg]23.94' N. lat., 124[deg]44.70' W. long.;
    (4) 48[deg]23.51' N. lat., 124[deg]45.01' W. long.;
    (5) 48[deg]22.59' N. lat., 124[deg]44.97' W. long.;
    (6) 48[deg]21.75' N. lat., 124[deg]45.26' W. long.;
    (7) 48[deg]21.23' N. lat., 124[deg]47.78' W. long.;
    (8) 48[deg]20.32' N. lat., 124[deg]49.53' W. long.;
    (9) 48[deg]16.72' N. lat., 124[deg]51.58' W. long.;
    (10) 48[deg]10.00' N. lat., 124[deg]52.58' W. long.;
    (11) 48[deg]05.63' N. lat., 124[deg]52.91' W. long.;
    (12) 47[deg]53.37' N. lat., 124[deg]47.37' W. long.;
    (13) 47[deg]40.28' N. lat., 124[deg]40.07' W. long.; and
    (14) 47[deg]31.70' N. lat., 124[deg]37.03' W. long.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing in the North 
Coast Recreational YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the North Coast Recreational 
YRCA with or without halibut on board. The North Coast Recreational 
YRCA is a C-shaped area off the northern Washington coast intended to 
protect yelloweye rockfish. The North Coast Recreational YRCA is 
defined by straight lines connecting all of the following points in the 
order stated:
    (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.
    (c) 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 32, 081 lb (14.5 mt).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47 31.70' N. lat. south to 46 58.00' N. lat. 
and east of a boundary line approximating the 30 fm depth contour. This 
area is defined by straight lines connecting all of the following 
points in the order stated as described by the following coordinates 
(the Washington South coast, northern nearshore area):
    (1) 47[deg] 31.70 N. lat, 124[deg] 37.03 W. long;
    (2) 47[deg] 25.67 N. lat, 124[deg] 34.79 W. long;
    (3) 47[deg] 12.82 N. lat, 124[deg] 29.12 W. long;
    (4) 46[deg] 58.00 N. lat, 124[deg] 24.24 W. long.

[[Page 5749]]

    The south coast subarea quota will be allocated as follows: 30,081 
lb (13.6 mt) for the primary fishery and 2,000 lb (0.9 mt) for the 
nearshore fishery. The primary fishery commences on May 2 and continues 
2 days a week (Sunday and Tuesday) until May 18. Beginning on May 23 
the primary fishery will be open 1 day per week (Sunday). Beginning on 
May 30 the primary fishery will be open 2 days per week (Sunday and 
Tuesday) until the quota for the south coast subarea primary fishery is 
taken and the season is closed by the Commission, or until September 
30, whichever is earlier. The fishing season in the nearshore area 
commences on May 2 and continues seven days per week. Subsequent to 
closure of the primary fishery the nearshore fishery is open seven days 
per week, until 32,081 lb (14.5 mt) is projected to be taken by the two 
fisheries combined and the fishery is closed by the Commission or 
September 30, whichever is earlier. If the fishery is closed prior to 
September 30, and there is insufficient quota remaining to reopen the 
northern nearshore area for another fishing day, then any remaining 
quota may be transferred in-season to another Washington coastal 
subarea by NMFS via an update to the recreational halibut hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be may 
be taken, retained and possessed when allowed by groundfish regulations 
at 50 CFR 660.384.
    (iv) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
intended to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined by straight lines connecting the following specific 
latitude and longitude coordinates in the order listed:
    (1) 46[deg]58.00' N. lat., 124[deg]48.00' W. long.;
    (2) 46[deg]55.00' N. lat., 124[deg]48.00' W. long.;
    (3) 46[deg]55.00' N. lat., 124[deg]49.00' W. long.;
    (4) 46[deg]58.00' N. lat., 124[deg]49.00' W. long.;
    and connecting back to 46[deg]58.00' N. lat., 124[deg]48.00' W. 
long.
    The Westport Offshore YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 46[deg]54.30' N. lat., 124[deg]53.40' W. long.;
    (2) 46[deg]54.30' N. lat., 124[deg]51.00' W. long.;
    (3) 46[deg]53.30' N. lat., 124[deg]51.00' W. long.;
    (4) 46[deg]53.30' N. lat., 124[deg]53.40' W. long.;
    and connecting back to 46[deg]54.30' N. lat., 124[deg]53.40' W. 
long.
    (d) 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 12,445 lb (5.6 mt).
    (i) The fishing season commences on May 1, and continues 3 days a 
week (Thursday, Friday and Saturday) until 8,712 lb (3.9 mt) are 
estimated to have been taken and the season is closed by the Commission 
or until July 18, whichever is earlier. The fishery will reopen on 
August 6 and continue 3 days a week (Friday through Sunday) until 3,734 
lb (1.7 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 in-season 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.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Pacific Coast groundfish may not be taken and retained, 
possessed or landed, except sablefish and Pacific cod when allowed by 
Pacific Coast groundfish regulations, when halibut are on board the 
vessel.
    (e) 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 144,070 lb (65.3 mt).
    (i) The fishing seasons are:
    (A) 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 
(11,526 lb(5.2 mt)) or any in-season 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]05.20' W. long.;
    (11) 45[deg]05.80' N. lat., 124[deg]05.40' W. long.;
    (12) 45[deg]05.08' 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.;
    (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]10.90' 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]14.44' 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]17.38' 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.;

[[Page 5750]]

    (29) 44[deg]09.23' N. lat., 124[deg]15.96' W. long.;
    (30) 44[deg]08.38' N. lat., 124[deg]16.79' 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]51.61' 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]13.97' N. lat., 124[deg]31.99' W. long.;
    (44) 43[deg]13.72' 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]32.33' 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]38.57' W. long.;
    (51) 42[deg]50.00' N. lat., 124[deg]39.68' W. long.;
    (52) 42[deg]49.13' N. lat., 124[deg]39.70' W. long.;
    (53) 42[deg]46.47' N. lat., 124[deg]38.89' W. long.;
    (54) 42[deg]45.74' N. lat., 124[deg]38.86' W. long.;
    (55) 42[deg]44.79' N. lat., 124[deg]37.96' W. long.;
    (56) 42[deg]45.01' N. lat., 124[deg]36.39' W. long.;
    (57) 42[deg]44.14' N. lat., 124[deg]35.17' W. long.;
    (58) 42[deg]42.14' N. lat., 124[deg]32.82' W. long.; and
    (59) 42[deg]40.50' N. lat., 124[deg]31.98' W. long.;
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open on (insert dates beginning with May 1). The 
projected catch for this season is 99,408 lb (45 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 in-season 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.
    (C) 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 6) or until the combined spring 
season and summer season quotas in the area between Cape Falcon and 
Humbug Mountain, OR, totaling 33,136 lb (15 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 sufficient quota remains after the last day of first 
scheduled open period (insert date following establishment of season 
dates). If after this date, 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 and Saturday, beginning (insert 
dates of next possible open period as established preseason), and 
ending October 31. If after September 6, an amount 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 and Saturday, the fishery may re-open every Friday and Saturday, 
beginning September 10 and 11, and ending October 31. After September 
10, the bag limit may be increased to 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.
    (ii) 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.
    (iii) During days open to all-depth halibut fishing, no Pacific 
Coast groundfish may 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.
    (iv) 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.
    (v) Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land halibut taken with 
recreational gear within the Stonewall Bank YRCA. A vessel fishing in 
the Stonewall Bank YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the Stonewall Bank YRCA with 
or without halibut on board. The Stonewall Bank YRCA is an area off 
central Oregon, near Stonewall Bank, intended to protect yelloweye 
rockfish. The Stonewall Bank YRCA is defined by straight lines 
connecting the following specific latitude and longitude 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.
    (f) The area south of Humbug Mountain, Oregon (42[deg]40.50' N. 
lat.) and off the California coast is not managed in-season relative to 
its quota. This area is managed on a season that is projected to result 
in a catch of 4,698 lb (2.1 mt).
    (i) The fishing season will commence on May 1 and continue 7 days a 
week until October 31.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the International Pacific Halibut Commission (IPHC), the 
Pacific Fishery Management Council, the North Pacific Fishery 
Management Council (Council), and the Secretary of Commerce. Section 5 
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 
773c) provides the Secretary of Commerce with the general 
responsibility to carry out the Convention between Canada and the 
United States for the management of

[[Page 5751]]

Pacific halibut, including the authority to adopt regulations as may be 
necessary to carry out the purposes and objectives of the Convention 
and Halibut Act. This final rule is consistent with the Secretary of 
Commerce's authority under the Halibut Act.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    NMFS has prepared an RIR/IRFA 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 fish-harvesting business is considered a ``small'' business by 
the Small Business Administration (SBA) if it has annual receipts not 
in excess of $4.0 million. For related fish-processing businesses, a 
small business is one that employs 500 or fewer persons. For wholesale 
businesses, a small business is one that employs not more than 100 
people. For marinas and charter/party boats, a small business is one 
with annual receipts not in excess of $6.5 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: (1)specify that the Washington South Coast Subarea primary 
season will be open Sunday and Tuesday through the third week in May, 
open on Sunday only for the fourth week in May and return to Sunday and 
Tuesday after the fourth week in May. Under the status-quo this fishery 
would be open on Sunday and Tuesday for the first two weeks of the 
fishery but would have then continued on Sundays only for the remainder 
of the season. The goal of this change to the Catch Sharing Plan is to 
provide more opportunity for this fishery and to balance weekday and 
weekend fishing; having the fishery open on Sunday only for the fourth 
week in May allows managers to tally the catch to assess the 
possibility of later openings; (2)specify that the Washington South 
Coast subarea nearshore area will be open seven days per week. Under 
the status-quo, this fishery was open three days per week during the 
primary season in addition to the days that the primary fishery was 
open, and was open four days per week after the primary season was 
closed. The goal of this change is to allow better access to the 
nearshore quota; (3) revise the northern and western boundaries of the 
Washington nearshore area. This will align the nearshore area with the 
boundary line approximating the 30-fm depth contour as specified in 
Federal regulations at 50 CFR 660.391. Under the status-quo a small 
section of the Washington nearshore area was outside of the 30-fm line. 
The goal of this change is to promote ease of compliance and 
enforcement. According to the fishermen in this area there are no 
``targetable'' areas for halibut within the area that will be added to 
the nearshore area as a result of this change, so impacts to groundfish 
and halibut are not expected to increase; (4) specify that in the 
Washington South Coast subarea seaward of the 30-fm line, on days when 
the primary fishery is open, retention of lingcod is allowed. The State 
of Washington will prohibit further fishing seaward of the 30 fm line 
once the vessel reaches its daily bag limit of halibut. Under the 
status quo, Pacific Coast Groundfish regulations prohibit fishing for 
groundfish, including lingcod, in the recreational fishery seaward of 
the 30-fm line at certain times. The goal of this change is to provide 
lingcod retention opportunity for anglers who have previously had to 
discard lingcod while fishing seaward of the 30-fm line and who would 
then move shoreward to catch smaller lingcod or no lingcod; (5) Change 
the open days in the Oregon Central Coast subarea all depth fishery 
from three days per week to two days per week, Friday and Saturday. 
Under the status-quo this fishery was open Friday through Sunday. The 
goal of this change is to extend the season in this area, while not 
impacting the quota of the inside 40-fm fishery as happened in 2009.
    As mentioned in the preamble, WDFW and ODFW held public meetings 
and crafted alternatives to adjust management of the sport halibut 
fisheries in their states. The states then narrowed the alternatives 
under consideration and brought the resulting subset of alternatives to 
the Council at the Council's September and November 2009 meetings. The 
range of alternatives that were rejected includes alternate fishery 
structures, such as opening the sport fisheries on different days of 
the week than the final preferred alternative. Generally, by the time 
the alternatives reach the Council, because they have been through the 
state public review process, there is not a large number of 
alternatives. Rather, the range of alternatives has generally been 
reduced to the proposed action and the status quo. However, the Council 
and the States still considered a range of alternatives that could have 
similarly improved angler enjoyment of participation in the fisheries 
while simultaneously protecting halibut and co-occurring groundfish 
species from overharvest.
    In 2009, 510 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: the directed commercial fishery in Area 2A, 
including licenses issued to retain halibut caught incidentally in the 
primary sablefish fishery (238 licenses in 2009); incidental halibut 
caught in the salmon troll fishery (132 licenses in 2009); and the 
charterboat fleet (140 licenses in 2009). 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 (PSMFC) completed a report on the overall West 
Coast charterboat fleet. In surveying charterboat vessels concerning 
their operations in 2000, the PSMFC estimated that there were about 315 
charterboat vessels in operation off Washington and Oregon. In 2000, 
the IPHC licensed 130 vessels to fish in the halibut sport charter 
fishery. Comparing the total charterboat fleet to the 130 and 142 IPHC 
licenses in 2000 and 2007, respectively, approximately 41 to 45 percent 
of the charterboat fleet could participate in the halibut fishery. The 
PSMFC 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 feet and typically 
carry 5 to 6 passengers. Medium charterboat vessels range from 31 to 49 
feet in length and typically carry 19 to 20 passengers. (Neither state 
has large vessels of greater than 49 feet 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

[[Page 5752]]

as small entities under the Regulatory Flexibility Act.
    The proposed changes to the Plan and the proposed 2010 sport 
management measures are authorized under the Pacific Halibut Act, 
implementing regulations at 50 CFR 300.60 through 300.65, and the 
Pacific Council process of annually evaluating the utility and 
effectiveness of Area 2A Pacific halibut management under the Plan. The 
proposed sport management measures take into account the preliminary 
2010 TAC and 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 measures for 2010 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 help 
prolong the halibut season, provide increased recreational harvest 
opportunities, or clarify sport fishery management for fishermen and 
managers. 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.
    These changes do not include any reporting or recordkeeping 
requirements. These changes will also not duplicate, overlap or 
conflict with other laws or regulations. 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 because the changes will 
not affect allocations rather they are designed to provide the best 
fishing opportunities within the overall TAC. Nonetheless, NMFS has 
prepared an IRFA. Through this proposed rule, NMFS is requesting 
comments on these conclusions.
    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 13 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

    Fisheries, Fishing, and Indian fisheries.

    Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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.
    2. In Sec.  300.63, paragraphs (e),(f), and (g) are revised to read 
as follows:


Sec.  300.63  Catch sharing plan and domestic management measures 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 43[deg] 00' N. 
lat, the RCA is defined along an eastern boundary by a line 
approximating the 30 fm (55-m) depth contour. Coordinates for the 30 fm 
(55 m) boundary are listed at Sec.  300.63 (f). Between 43[deg] 00' N. 
lat and 42[deg] 00' N. lat., the RCA is defined along an eastern 
boundary by a line approximating the 20 fm (37-m) depth contour. 
Coordinates for the 20 fm (37 m) boundary are listed at Sec.  
660.391(b). Between 42[deg] 00' N. lat. and 40[deg] 10' N. lat., the 
RCA is defined along an eastern boundary by the 20 fm (37 m) depth 
contour. Between the U.S./Canada border and 40[deg] 10' N. lat., the 
RCA is defined along 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 the U.S. border with 
Canada and 40 10.00' N. lat. is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 48[deg] 24.79' N. lat., 124[deg] 44.07' W. long.;
    (2) 48[deg] 24.80' N. lat., 124[deg] 44.74' W. long.;
    (3) 48[deg] 23.94' N. lat., 124[deg] 44.70' W. long.;
    (4) 48[deg] 23.51' N. lat., 124[deg] 45.01' W. long.;
    (5) 48[deg] 22.59' N. lat., 124[deg] 44.97' W. long.;
    (6) 48[deg] 21.75' N. lat., 124[deg] 45.26' W. long.;
    (7) 48[deg] 21.23' N. lat., 124[deg] 47.78' W. long.;
    (8) 48[deg] 20.32' N. lat., 124[deg] 49.53' W. long.;
    (9) 48[deg] 16.72' N. lat., 124[deg] 51.58' W. long.;
    (10) 48[deg]10.00' N. lat., 124[deg]52.58' W. long.;
    (11) 48[deg]05.63' N. lat., 124[deg]52.91' W. long.;
    (12) 47[deg]53.37' N. lat., 124[deg]47.37' W. long.;
    (13) 47[deg]40.28' N. lat., 124[deg]40.07' W. long.;
    (14) 47[deg]31.70' N. lat., 124[deg]37.03' W. long.;
    (15) 47[deg]25.67' N. lat., 124[deg]34.79' W. long.;
    (16) 47[deg]12.82' N. lat., 124[deg]29.12' W. long.;
    (17) 46[deg]52.94' N. lat., 124[deg]22.58' W. long.;
    (18) 46[deg]44.18' N. lat., 124[deg]18.00' W. long.;
    (19) 46[deg]38.17' N. lat., 124[deg]15.88' W. long.;
    (20) 46[deg]29.53' N. lat., 124[deg]15.89' W. long.;
    (21) 46[deg]19.27' N. lat., 124[deg]14.15' W. long.;
    (22) 46[deg]16.00' N. lat., 124[deg]13.04' W. long.;
    (23) 46[deg]07.00' N. lat., 124[deg]07.01' W. long.;
    (24) 45[deg]55.95' N. lat., 124[deg]02.23' W. long.;
    (25) 45[deg]54.53' N. lat., 124[deg]02.57' W. long.;
    (26) 45[deg]50.65' N. lat., 124[deg]01.62' W. long.;
    (27) 45[deg]48.20' N. lat., 124[deg]02.16' W. long.;
    (28) 45[deg]46.00' N. lat., 124[deg]01.86' W. long.;
    (29) 45[deg]43.46' N. lat., 124[deg]01.28' W. long.;
    (30) 45[deg]40.48' N. lat., 124[deg]01.03' W. long.;
    (31) 45[deg]39.04' N. lat., 124[deg]01.68' W. long.;
    (32) 45[deg]35.48' N. lat., 124[deg]01.90' W. long.;

[[Page 5753]]

    (33) 45[deg]29.81' N. lat., 124[deg]02.45' W. long.;
    (34) 45[deg]27.97' N. lat., 124[deg]01.90' W. long.;
    (35) 45[deg]27.22' N. lat., 124[deg]02.66' W. long.;
    (36) 45[deg]24.20' N. lat., 124[deg]02.94' W. long.;
    (37) 45[deg]20.60' N. lat., 124[deg]01.74' W. long.;
    (38) 45[deg]20.25' N. lat., 124[deg]01.85' W. long.;
    (39) 45[deg]16.44' N. lat., 124[deg]03.22' W. long.;
    (40) 45[deg]13.63' N. lat., 124[deg]02.69' W. long.;
    (41) 45[deg]11.05' N. lat., 124[deg]03.59' W. long.;
    (42) 45[deg]08.55' N. lat., 124[deg]03.47' W. long.;
    (43) 45[deg]03.82' N. lat., 124[deg]04.43' W. long.;
    (44) 45[deg]02.81' N. lat., 124[deg]04.64' W. long.;
    (45) 44[deg]58.06' N. lat., 124[deg]05.03' W. long.;
    (46) 44[deg]53.97' N. lat., 124[deg]06.92' W. long.;
    (47) 44[deg]48.89' N. lat., 124[deg]07.04' W. long.;
    (48) 44[deg]46.94' N. lat., 124[deg]08.25' W. long.;
    (49) 44[deg]42.72' N. lat., 124[deg]08.98' W. long.;
    (50) 44[deg]38.16' N. lat., 124[deg]11.48' W. long.;
    (51) 44[deg]33.38' N. lat., 124[deg]11.54' W. long.;
    (52) 44[deg]28.51' N. lat., 124[deg]12.04' W. long.;
    (53) 44[deg]27.65' N. lat., 124[deg]12.56' W. long.;
    (54) 44[deg]19.67' N. lat., 124[deg]12.37' W. long.;
    (55) 44[deg]10.79' N. lat., 124[deg]12.22' W. long.;
    (56) 44[deg]09.22' N. lat., 124[deg]12.28' W. long.;
    (57) 44[deg]08.30' N. lat., 124[deg]12.30' W. long.;
    (58) 44[deg]00.22' N. lat., 124[deg]12.80' W. long.;
    (59) 43[deg]51.56' N. lat., 124[deg]13.18' W. long.;
    (60) 43[deg]44.26' N. lat., 124[deg]14.50' W. long.;
    (61) 43[deg]33.82' N. lat., 124[deg]16.28' W. long.;
    (62) 43[deg]28.66' N. lat., 124[deg]18.72' W. long.;
    (63) 43[deg]23.12' N. lat., 124[deg]24.04' W. long.;
    (64) 43[deg]20.83' N. lat., 124[deg]25.67' W. long.;
    (65) 43[deg]20.48' N. lat., 124[deg]25.90' W. long.;
    (66) 43[deg]16.41' N. lat., 124[deg]27.52' W. long.;
    (67) 43[deg]14.23' N. lat., 124[deg]29.28' W. long.;
    (68) 43[deg]14.03' N. lat., 124[deg]28.31' W. long.;
    (69) 43[deg]11.92' N. lat., 124[deg]28.26' W. long.;
    (70) 43[deg]11.02' N. lat., 124[deg]29.11' W. long.;
    (71) 43[deg]10.13' N. lat., 124[deg]29.15' W. long.;
    (72) 43[deg]09.26' N. lat., 124[deg]31.03' W. long.;
    (73) 43[deg]07.73' N. lat., 124[deg]30.92' W. long.;
    (74) 43[deg]05.93' N. lat., 124[deg]29.64' W. long.;
    (75) 43[deg]01.59' N. lat., 124[deg]30.64' W. long.;
    (76) 42[deg]59.72' N. lat., 124[deg]31.16' W. long.;
    (77) 42[deg]53.75' N. lat., 124[deg]36.09' W. long.;
    (78) 42[deg]50.00' N. lat., 124[deg]36.41' W. long.;
    (79) 42[deg]50.00' N. lat., 124[deg]38.39' W. long.;
    (80) 42[deg]49.37' N. lat., 124[deg]38.81' W. long.;
    (81) 42[deg]46.42' N. lat., 124[deg]37.69' W. long.;
    (82) 42[deg]46.07' N. lat., 124[deg]38.56' W. long.;
    (83) 42[deg]45.29' N. lat., 124[deg]37.95' W. long.;
    (84) 42[deg]45.61' N. lat., 124[deg]36.87' W. long.;
    (85) 42[deg]44.27' N. lat., 124[deg]33.64' W. long.;
    (86) 42[deg]42.75' N. lat., 124[deg]31.84' W. long.;
    (87) 42[deg]40.50' N. lat., 124[deg]29.67' W. long.;
    (88) 42[deg]40.04' N. lat., 124[deg]29.20' W. long.;
    (89) 42[deg]38.09' N. lat., 124[deg]28.39' W. long.;
    (90) 42[deg]36.73' N. lat., 124[deg]27.54' W. long.;
    (91) 42[deg]36.56' N. lat., 124[deg]28.40' W. long.;
    (92) 42[deg]35.77' N. lat., 124[deg]28.79' W. long.;
    (93) 42[deg]34.03' N. lat., 124[deg]29.98' W. long.;
    (94) 42[deg]34.19' N. lat., 124[deg]30.58' W. long.;
    (95) 42[deg]31.27' N. lat., 124[deg]32.24' W. long.;
    (96) 42[deg]27.07' N. lat., 124[deg]32.53' W. long.;
    (97) 42[deg]24.21' N. lat., 124[deg]31.23' W. long.;
    (98) 42[deg]20.47' N. lat., 124[deg]28.87' W. long.;
    (99) 42[deg]14.60' N. lat., 124[deg]26.80' W. long.;
    (100) 42[deg]13.67' N. lat., 124[deg]26.25' W. long.;
    (101) 42[deg]10.90' N. lat., 124[deg]24.56' W. long.;
    (102) 42[deg]07.04' N. lat., 124[deg]23.35' W. long.;
    (103) 42[deg]02.16' N. lat., 124[deg]22.59' W. long.;
    (104) 42[deg]00.00' N. lat., 124[deg]21.81' W. long.;
    (105) 41[deg]55.75' N. lat., 124[deg]20.72' W. long.;
    (106) 41[deg]50.93' N. lat., 124[deg]23.76' W. long.;
    (107) 41[deg]42.53' N. lat., 124[deg]16.47' W. long.;
    (108) 41[deg]37.20' N. lat., 124[deg]17.05' W. long.;
    (109) 41[deg]24.58' N. lat., 124[deg]10.51' W. long.;
    (110) 41[deg]20.73' N. lat., 124[deg]11.73' W. long.;
    (111) 41[deg]17.59' N. lat., 124[deg]10.66' W. long.;
    (112) 41[deg]04.54' N. lat., 124[deg]14.47' W. long.;
    (113) 40[deg]54.26' N. lat., 124[deg]13.90' W. long.;
    (114) 40[deg]40.31' N. lat., 124[deg]26.24' W. long.;
    (115) 40[deg]34.00' N. lat., 124[deg]27.39' W. long.;
    (116) 40[deg]30.00' N. lat., 124[deg]31.32' W. long.;
    (117) 40[deg]28.89' N. lat., 124[deg]32.43' W. long.;
    (118) 40[deg]24.77' N. lat., 124[deg]29.51' W. long.;
    (119) 40[deg]22.47' N. lat., 124[deg]24.12' W. long.;
    (120) 40[deg]19.73' N. lat., 124[deg]23.59' W. long.;
    (121) 40[deg]18.64' N. lat., 124[deg]21.89' W. long.;
    (122) 40[deg]17.67' N. lat., 124[deg]23.07' W. long.;
    (123) 40[deg]15.58' N. lat., 124[deg]23.61' W. long.;
    (124) 40[deg]13.42' N. lat., 124[deg]22.94' W. long.;
    (125) 40[deg]10.00' N. lat., 124[deg]16.65' W. long.
    (g) The 100 fm (183 m) depth contour used between the U.S. border 
with Canada and 40[deg]10.00' 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.;

[[Page 5754]]

    (10) 48[deg]01.80' N. lat., 125[deg]24.53' W. long.;
    (11) 48[deg]02.08' N. lat., 125[deg]22.98' W. long.;
    (12) 48[deg]02.97' N. lat., 125[deg]22.89' W. long.;
    (13) 48[deg]04.47' N. lat., 125[deg]21.75' W. long.;
    (14) 48[deg]06.11' N. lat., 125[deg]19.33' W. long.;
    (15) 48[deg]07.95' N. lat., 125[deg]18.55' W. long.;
    (16) 48[deg]09.00' N. lat., 125[deg]18.00' W. long.;
    (17) 48[deg]11.31' N. lat., 125[deg]17.55' W. long.;
    (18) 48[deg]14.60' N. lat., 125[deg]13.46' W. long.;
    (19) 48[deg]16.67' N. lat., 125[deg]14.34' W. long.;
    (20) 48[deg]18.73' N. lat., 125[deg]14.41' W. long.;
    (21) 48[deg]19.67' N. lat., 125[deg]13.70' W. long.;
    (22) 48[deg]19.70' N. lat., 125[deg]11.13' W. long.;
    (23) 48[deg]22.95' N. lat., 125[deg]10.79' W. long.;
    (24) 48[deg]21.61' N. lat., 125[deg]02.54' W. long.;
    (25) 48[deg]23.00' N. lat., 124[deg]49.34' W. long.;
    (26) 48[deg]17.00' N. lat