Pacific Halibut Fisheries; Catch Sharing Plan

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 991220343-9343-01; I.D. 120999D]

RIN 0648-AM52

Pacific Halibut Fisheries; Catch Sharing Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed changes to catch sharing plan and the sport fishing

regulations; availability of draft environmental assessment and

regulatory impact review.

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SUMMARY: NMFS proposes, under authority of the Northern Pacific Halibut

Act (Halibut Act), to approve and implement changes to the Area 2A

Pacific Halibut Catch Sharing Plan (Plan) to accommodate, in the Plan,

a court-ordered change in the allocation of Pacific halibut between

treaty Indian and non-treaty fisheries and to adjust management of the

halibut sport fisheries off Washington and Oregon. NMFS also proposes

changes to the sport fisheries regulations to implement the Plan in

2000. Finally, NMFS announces the availability for public comment of a

draft environmental assessment and regulatory impact review (EA/RIR)

for this action.

DATES: Comments on the proposed changes to the Plan must be received by

January 7, 2000; comments on the proposed changes to the sport fishery

regulations must be received by February 11, 2000.

ADDRESSES: Send comments or requests for a copy of the Plan and/or the

EA/RIR to William Stelle, Jr., Regional Administrator, Northwest

Region, NMFS, 7600 Sand Point Way, Seattle, WA 98115. Electronic copies

of the Plan, including proposed changes for 2000, and of the draft EA/

RIR are also available at the NMFS Northwest Region website: http://

www.nwr.noaa.gov, under ``Halibut Management.'' Comments also may be

sent via facsimile (fax) to 206-526-6736. Comments will not be accepted

if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6140.

tronic copies

of the Plan, including proposed changes for 2000, and of the draft EA/

RIR are also available at the NMFS Northwest Region website: http://

www.nwr.noaa.gov, under ``Halibut Management.'' Comments also may be

sent via facsimile (fax) to 206-526-6736. Comments will not be accepted

if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The Halibut Act, at 16 U.S.C. 773c, gives

the Secretary of Commerce (Secretary) general responsibility for

carrying out the Halibut Convention between the United States and

Canada and requires the Secretary to adopt such regulations as may be

necessary to carry out the purposes and objectives of the Convention

and the Halibut Act. Section 773c(c) of the Halibut Act authorizes the

regional fishery management councils to develop regulations that are

not in conflict with regulations adopted by the International Pacific

Halibut Commission (IPHC) to govern the Pacific halibut catch that

occurs in each council's region. Each year since 1988 the Pacific

Fishery Management Council (Council) has 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 IPHC

statistical Area 2A (off Washington, Oregon, and California).

In 1995, upon recommendation of the Council, NMFS implemented the

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-Indian fisheries in Area

2A

recommendation of the Council, NMFS implemented the

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-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.53'18''

N. lat.), Oregon, and California. The Plan also divides the sport

fisheries into seven geographic subareas, each with separate

allocations, seasons, and bag limits.

Council Recommended Changes to the Plan

At its September 1999 public meeting, the Council adopted for

public comment the following changes to the Plan: (1) incorporation

into the Plan of a court-ordered change in the Pacific halibut

allocation to settle the claims of treaty tribes for an equitable

adjustment to current halibut allocation that would compensate for

halibut not allocated to the tribes from 1989 through 1993; (2)

allowing commercial halibut fishers to also use their vessels for

private (not for hire) recreational fishing; (3) a revision of the

boundary between the Washington sport fishery in Puget Sound (Inside

Waters) and North Coast sub-areas; (4) allowing the opening of the

closed ``hot spot'' in the Washington sport fishery South Coast sub-

area through an accelerated inseason process; and (5) combining the

sub

rcial halibut fishers to also use their vessels for

private (not for hire) recreational fishing; (3) a revision of the

boundary between the Washington sport fishery in Puget Sound (Inside

Waters) and North Coast sub-areas; (4) allowing the opening of the

closed ``hot spot'' in the Washington sport fishery South Coast sub-

area through an accelerated inseason process; and (5) combining the

sub-quotas for Oregon's inside 30-fathom sport fisheries in the North

Central and South Central Coast subareas.

At its November 1999 public meeting, the Council considered the

results of State-sponsored workshops on the proposed changes to the

Plan and public comments and made final recommendations for four

modifications to the Plan as follows:

(1) Revise the Plan to bring it into compliance with an allocation

change agreed to by the states, tribes and Federal government that is

contained in a July 7, 1999 stipulation, and ordered by the court in

United States v. Washington, No. 9213 Phase I, Subproceeding No. 92-1

(W.D. Wash.). This stipulation settles the Tribes' claim for an

equitable adjustment arising from allocations in the Pacific halibut

fishery from 1989 through 1993. In 1993, the court declared that the

regulatory scheme for the allocation of halibut between treaty and non-

treaty fisheries in 1989 through 1993 had violated treaty rights. The

parties to the stipulation (the halibut treaty tribes, the States of

Washington and Oregon, and the Federal government) agreed that 25,000

lb (11.3 mt) dressed weight of halibut would be transferred from the

non-treaty Area 2A halibut allocation to the treaty Indian allocation

in Area 2A-1 each year for 8 years beginning in the year 2000 and

ending in the year 2007, for a total transfer of 200,000 lb (90.7 mt).

To accelerate the total transfer, more than 25,000 lb (11.3 mt) could

be transferred in any year upon prior written agreement of the parties

to the stipulation.

ld be transferred from the

non-treaty Area 2A halibut allocation to the treaty Indian allocation

in Area 2A-1 each year for 8 years beginning in the year 2000 and

ending in the year 2007, for a total transfer of 200,000 lb (90.7 mt).

To accelerate the total transfer, more than 25,000 lb (11.3 mt) could

be transferred in any year upon prior written agreement of the parties

to the stipulation.

(2) Modify the boundary between the Puget Sound and Washington

North Coast sport fishery subareas by moving it eastward from the

Bonilla-Tatoosh line to the mouth of the Sekiu River. Additionally,

modify the quota allocations to the two sport fishery

subareas to increase the portion of the Washington sport quota

allocated to the North Coast subarea from 57.7 percent of the first

130,845 lb (59.4 mt), to 62.2 percent of the first 130,845 lb (59.4

mt). Correspondingly, reduce the quota allocated to the Puget Sound

subarea from 28 percent of the first 130,845 lb (59.4 mt), to 23.5

percent of the first 130,845 lb (59.4 mt). This modification would

simplify management while keeping the amount of halibut available to

different ports roughly the same as in past years.

(3) Revise the management structure for the Washington South Coast

subarea sport fishery to allow the opening of the South Coast subarea

closed ``hot spot'' inseason, effective via announcement on the NMFS

halibut hotline. NMFS, the Washington Department of Fish and Wildlife

(WDFW), and IPHC would consult via conference call shortly after the

opening of the South Coast subarea season to on the need for either

maintaining the ``hot spot'' as a closed area or for opening the ``hot

spot'' to fishing, as indicated by the effect of ocean and fishery

conditions on meeting the season structuring objectives for this

subarea.

he Washington Department of Fish and Wildlife

(WDFW), and IPHC would consult via conference call shortly after the

opening of the South Coast subarea season to on the need for either

maintaining the ``hot spot'' as a closed area or for opening the ``hot

spot'' to fishing, as indicated by the effect of ocean and fishery

conditions on meeting the season structuring objectives for this

subarea.

(4) Revise the sport fishery structure for the Oregon North Central

and South Central subareas to combine the sub-quotas for the inside 30-

fathom fisheries from these two sub-areas. There would be a single sub-

quota and season for the fisheries inside 30-fathoms from Cape Falcon

to Humbug Mountain.

Proposed Changes to the Catch Sharing Plan

NMFS is proposing to approve the Council recommendations and to

make the following changes to the Plan:

Restructure section (b) of the Plan, Allocations, as two sub-

paragraphs (b)(1) and (b)(2), with the current main paragraph (b) re-

designated as (b)(1) and the first sentence of that paragraph revised

to read as follows ``Except as provided in section (b)(2), this Plan

allocates 35 percent of the Area 2A TAC to U.S. treaty Indian tribes in

the State of Washington in subarea 2A-1, and 65 percent to non-Indian

fisheries in Area 2A.'' and a new subparagraph (b)(2) added to read as

follows:

``To meet the requirements of U.S. District Court Stipulation and

Order (United States v. Washington, No. 9213, Phase I, Subproceeding

No. 92-1 (W.D. Wash.) (Stipulation and Order, July 7, 1999)) 25,000 lb

(11.3 mt) dressed weight of halibut will be transferred from the non-

treaty Area 2A halibut allocation to the treaty allocation in Area 2A-1

each year for 8 years, commencing in the year 2000 and ending in the

year 2007, for a total transfer of 200,000 lb (90.7 mt)

ted States v. Washington, No. 9213, Phase I, Subproceeding

No. 92-1 (W.D. Wash.) (Stipulation and Order, July 7, 1999)) 25,000 lb

(11.3 mt) dressed weight of halibut will be transferred from the non-

treaty Area 2A halibut allocation to the treaty allocation in Area 2A-1

each year for 8 years, commencing in the year 2000 and ending in the

year 2007, for a total transfer of 200,000 lb (90.7 mt). To accelerate

the total transfer, more than 25,000 lb (11.3 mt) may be transferred in

any year upon prior written agreement of the parties to the

stipulation.''

In section (f), Sport Fisheries, revise the first two sentences of

paragraph (1)(i) to read as follows:

``This sport fishery subarea is allocated 23.5 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 sub-area is defined as all waters east of the mouth of the

Sekiu River, 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., including Puget Sound.''

In section (f), Sport Fisheries, revise the first two sentences of

paragraph (1)(ii) to read as follows:

``This sport fishery subarea is allocated 62.2 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 sub-area is defined as all waters west of the mouth of the

Sekiu River, as defined above in paragraph (f)(1)(i), and north of the

Queets River (47 deg.31'42'' N

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 sub-area is defined as all waters west of the mouth of the

Sekiu River, as defined above in paragraph (f)(1)(i), and north of the

Queets River (47 deg.31'42'' N. lat.).''

In section (f), Sport Fisheries, add a sentence to the end of

paragraph (1)(iii) to read as follows:

``If a decision is made inseason to open this closed area to sport

fishing for halibut, that decision will become effective upon

announcement on the NMFS halibut hotline, at (206) 526-6667 or (800)

662-9825.''

In section (f), Sport Fisheries, change the heading of paragraph

(1)(v) to Oregon north central coast subarea, and revise the first

sentence of paragraph (1)(v)(A) to read as follows:

``The first season opens on May 1, only in waters inside the 30-

fathom (55 m) curve, and continues daily until the combined subquotas

for the north central and south central inside 30-fathom fisheries (7

percent of the north central subarea quota plus 20 percent of the south

central subarea quota) are taken, or until September 30, whichever is

earlier.''

In section (f), Sport Fisheries, change the heading of paragraph

(1)(vi) to Oregon south central coast subarea, and revise the first

sentence of paragraph (1)(vi)(A) to read as follows:

``The first season opens on May 1, only in waters inside the 30-

fathom (55 m) curve, and continues daily until the combined subquotas

for the north central and south central inside 30-fathom fisheries (7

percent of the north central subarea quota plus 20 percent of the south

central subarea quota) are taken, or until September 30, whichever is

earlier.''

In section (f), Sport Fisheries, revise paragraph (2) to read as

follows:

``Port of landing management

thom (55 m) curve, and continues daily until the combined subquotas

for the north central and south central inside 30-fathom fisheries (7

percent of the north central subarea quota plus 20 percent of the south

central subarea quota) are taken, or until September 30, whichever is

earlier.''

In section (f), Sport Fisheries, revise paragraph (2) to read as

follows:

``Port of landing management. All sport fishing in Area 2A will be

managed on a ``port of landing'' basis, whereby any halibut landed into

a port will count toward the quota for the subarea in which that port

is located, and the regulations governing the subarea of landing apply,

regardless of the specific area of catch.''

In section (f), Sport Fisheries, revise paragraph (5)(iv)(A) to

read as follows:

``Inseason actions will be effective on the date specified in

notification in the Federal Register or at the time that the action is

filed for public inspection with the Office of the Federal Register,

whichever is later, except that any partial or complete inseason

opening of the Washington South Coast sport fishery closed area

(designated above at (f)(1)(iii)) may be made effective upon

announcement on the NMFS halibut hotline.''

Proposed 2000 Sport Fishery Management Measures

NMFS is proposing changes to the sport fishery regulations that are

necessary to implement the Plan in 2000. The 2000 TAC is unknown at

this time, but information available from the IPHC indicates that the

TAC may be similar to or somewhat lower than the TAC in 1999. The final

TAC will be determined by the IPHC at its annual meeting January 10-13,

2000. The proposed 2000 sport fishery regulations based on the 1999

Area 2A TAC of 760,000 lb (344.7 mt) are as follows:

Washington Inside Waters Subarea Puget Sound and Straits

at

this time, but information available from the IPHC indicates that the

TAC may be similar to or somewhat lower than the TAC in 1999. The final

TAC will be determined by the IPHC at its annual meeting January 10-13,

2000. The proposed 2000 sport fishery regulations based on the 1999

Area 2A TAC of 760,000 lb (344.7 mt) are as follows:

Washington Inside Waters Subarea Puget Sound and Straits

This subarea would be allocated 43,808 lb (19.9 mt) at an Area 2A

TAC of 760,000 lb (344.7 mt) in accordance with the Plan. WDFW, NMFS

and IPHC are currently discussing how to estimate season durations for

the Puget Sound and North Coast subareas under the proposed changes to

subarea sizes and quota allocations. According to the Plan, the

structuring objective for this subarea is to provide a stable sport

fishing opportunity and maximize the season length, with the fishery

opening in May

and continuing at least through July 4. In 1999, the fishery in this

subarea was 35 days long, from May 27 through July 12, held for 5 days

per week (Thursday through Monday.) For the 2000 fishing season, the

dates of the fishery in this subarea would be set to meet the

structuring objectives described in the Plan, hopefully providing

fishing opportunity at least from the Memorial Day weekend through the

July 4th weekend. The final determination of the season dates would be

based on the allowable harvest level, projected 2000 catch rates, and

recommendations developed in a public workshop sponsored by WDFW after

the 2000 TAC is set by the IPHC. The daily bag limit would be one

halibut of any size per day per person.

Washington North Coast Subarea (North of the Queets River)

ekend through the

July 4th weekend. The final determination of the season dates would be

based on the allowable harvest level, projected 2000 catch rates, and

recommendations developed in a public workshop sponsored by WDFW after

the 2000 TAC is set by the IPHC. The daily bag limit would be one

halibut of any size per day per person.

Washington North Coast Subarea (North of the Queets River)

This subarea would be allocated 94,445 lb (42.8 mt) at an Area 2A

TAC of 760,000 lb (344.7 mt) in accordance with the Plan. WDFW, NMFS

and IPHC are currently discussing how to estimate season durations for

the Puget Sound and North Coast subareas under the proposed changes to

subarea sizes and quota allocations. According to the Plan, the

structuring objective for this subarea is to maximize the season length

for viable fishing opportunity and, if possible, stagger the seasons to

spread out this opportunity to anglers who use these remote grounds.

The fishery opens on May 2, and continues for 5 days per week (Tuesday

through Saturday). The highest priority is for the season to last

through the end of May. If sufficient quota remains, the second

priority is to establish a fishery that will be open July 1, through at

least July 4. In 1999, the fishery in this subarea was 50 days long,

from May 1 through July 9, held for 5 days per week (Tuesday through

Saturday.) For the 2000 fishing season, the dates of the fishery in

this subarea would be set to meet the structuring objectives described

in the Plan. The final determination of the season dates would be based

on the allowable harvest level, projected 2000 catch rates, and

recommendations developed in a public workshop sponsored by WDFW after

the 2000 TAC is set by the IPHC. The daily bag limit would be one

halibut of any size per day per person. A portion of this subarea

located about 19 nm (35 km) southwest of Cape Flattery would be closed

to sport fishing for halibut

season dates would be based

on the allowable harvest level, projected 2000 catch rates, and

recommendations developed in a public workshop sponsored by WDFW after

the 2000 TAC is set by the IPHC. The daily bag limit would be one

halibut of any size per day per person. A portion of this subarea

located about 19 nm (35 km) southwest of Cape Flattery would be closed

to sport fishing for halibut. The size of this closed area is described

in the Plan, but may be modified preseason by NMFS to maximize the

season length.

Washington South Coast Subarea

This subarea would be allocated 29,153 lb (13.2 mt) at an Area 2A

TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The fishery

would open on May 2 (Sunday) and continue for 5 days per week (Sunday

through Thursday) until 1,000 lb (0.45 mt) are projected to remain in

the quota. The fishery would be open Sunday through Thursday in all

areas, except where prohibited, and Friday and Saturday only in the

area from the Queets River south to 47 deg.00'00'' N. lat. and east of

124 deg.40'00'' W. long. When 1,000 lb (0.45 mt) are projected to

remain in the quota, fishing would be allowed 7 days per week in the

area from the Queets River south to 47 deg.00'00'' N. lat. and east of

124 deg.40'00'' W. long. The daily bag limit would be one halibut of

any size per day per person. A portion of this area would be closed to

sport fishing for halibut. The closed area is a rectangle with the

following dimensions: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.;

47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N.

lat., 124 deg.53'00'' W. long.; and 47 deg.16'00'' N.

lat.,124 deg.48'00'' W. long. This closed area could be opened by NMFS

inseason after consultation with WDFW, NMFS, and IPHC.

Columbia River Subarea

or halibut. The closed area is a rectangle with the

following dimensions: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.;

47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N.

lat., 124 deg.53'00'' W. long.; and 47 deg.16'00'' N.

lat.,124 deg.48'00'' W. long. This closed area could be opened by NMFS

inseason after consultation with WDFW, NMFS, and IPHC.

Columbia River Subarea

This subarea would be allocated 4,249 lb (1.9 mt) at an Area 2A TAC

of 760,000 lb (344.7 mt) in accordance with the Plan. The fishery would

open on May 1 and continue for 7 days per week until the quota is

reached or September 30, whichever occurs first. The daily bag limit

would be the first halibut taken, per person, of 32 inches (81.3 cm) or

greater in length.

Oregon North Central Coast Subarea

This subarea would be allocated 130,877 lb (59.4 mt) at an Area 2A

TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The May all-

depth season would be allocated 88,996 lb (40.4 mt). Based on an

observed catch per day trend in this fishery, an estimated 20,000 lb

(9.1 mt) would be caught per day in 2000, resulting in a 4-day fixed

season. In accordance with the Plan, the season dates would be May 12,

13, 19, and 20. If the quota is not taken, an appropriate number of

fishing days would be scheduled for late May or early June. The

restricted depth fishery inside 30 fathoms, which would be combined in

2000 and beyond with the restricted depth fishery in the Oregon south

central coast subarea, would be allocated 11,234 lb (5.1 mt) and would

be open starting May 1 through September 30 or until the TAC is

attained, whichever occurs first. The August coastwide all-depth

fishery (Cape Falcon to Humbug Mountain) would be allocated 32,719 lb

(14.8 mt), which may be sufficient for a 1 day opening on August 4,

based on the expected catch per day. If sufficient quota remains after

this season for additional days of fishing, the dates for an all-depth

fishery would be in mid-August

r until the TAC is

attained, whichever occurs first. The August coastwide all-depth

fishery (Cape Falcon to Humbug Mountain) would be allocated 32,719 lb

(14.8 mt), which may be sufficient for a 1 day opening on August 4,

based on the expected catch per day. If sufficient quota remains after

this season for additional days of fishing, the dates for an all-depth

fishery would be in mid-August. The final determination of the season

dates will be based on the allowable harvest level, projected catch

rates, and recommendations developed in a public workshop sponsored by

ODFW after the 2000 TAC is set by the IPHC. The daily bag limit would

be the first halibut taken, per person, of 32 inches (81.3 cm) or

greater in length.

Oregon South Central Coast Subarea

This subarea would be allocated 10,363 lb (4.7 mt) at an Area 2A

TAC of 760,000 lb (344.7 mt) in accordance with the Plan. The May all-

depth season would be allocated 8,290 lb (3.8 mt) and, based on

observed catch per day trend in this fishery, an estimated 2,200 lb

(1.0 mt) would be caught per day in 2000, resulting in a 3- to 4-day

fixed season. In accordance with the Plan, the season dates would be

May 11, 12, 13, 19, and 20. If the quota is not taken, an appropriate

number of fishing days would be scheduled for late May or early June.

The restricted depth fishery inside 30 fathoms, which would be combined

in 2000 and beyond with the restricted depth fishery in the Oregon

south central coast subarea, would be allocated 11,234 lb (5.1 mt) and

would be open starting May 1 through September 30 or until the TAC is

attained, whichever occurs first. The August coastwide all-depth

fishery (Cape Falcon to Humbug Mountain) may open for 1-day on August

4, if sufficient quota is available. If sufficient quota remains for

additional fishing days after this season, the dates for an all-depth

fishery would be in mid-August

234 lb (5.1 mt) and

would be open starting May 1 through September 30 or until the TAC is

attained, whichever occurs first. The August coastwide all-depth

fishery (Cape Falcon to Humbug Mountain) may open for 1-day on August

4, if sufficient quota is available. If sufficient quota remains for

additional fishing days after this season, the dates for an all-depth

fishery would be in mid-August. The final determination of the season

dates would be based on the allowable harvest level, projected catch

rates, and recommendations developed in an ODFW-sponsored public

workshop after the IPHC sets the 2000 TAC. The daily bag limit would be

the first halibut taken, per person, of 32 inches (81.3 cm) or greater

in length.

Humbug Mountain, OR, through California Subarea

This subarea would be allocated 4,460 lb (2.0 mt) at an Area 2A TAC

of 760,000 lb (344.7 mt) in accordance with the Plan. The proposed 2000

sport season for this subarea would be the same as last year, with a

May 1 opening

and continuing for 7 days per week until September 30. The daily bag

limit would be the first halibut taken, per person, of 32 inches (81.3

cm) or greater in length.

NMFS requests public comments on the Council's recommended

modifications to the Plan and the proposed changes to the sport fishing

regulations. The Area 2A TAC will be set by the IPHC at its annual

meeting on January 10-13, 2000, in Lynnwood, WA. NMFS requests comments

on the proposed changes to the Plan by January 7, 2000. NMFS requests

comments on the proposed changes to the sport fishing regulations by

February 11, 2000, after the IPHC annual meeting, so that the public

will have the opportunity to consider the final Area 2A TAC before

submitting comments on the proposed sport fishing regulations. The

States of Washington and Oregon will conduct public workshops shortly

after the IPHC meeting to obtain input on the sport season dates

the proposed changes to the sport fishing regulations by

February 11, 2000, after the IPHC annual meeting, so that the public

will have the opportunity to consider the final Area 2A TAC before

submitting comments on the proposed sport fishing regulations. The

States of Washington and Oregon will conduct public workshops shortly

after the IPHC meeting to obtain input on the sport season dates. After

the Area 2A TAC is known, and after NMFS reviews public comments and

comments from the States, NMFS will issue final rules for the Area 2A

Pacific halibut sport fishery concurrent with the IPHC regulations for

the 2000 Pacific halibut fisheries.

Classification

NMFS has prepared a draft EA/RIR on the proposed changes to the

Plan. Copies of the ``Draft Environmental Assessment and Regulatory

Impact Review of Changes to the Catch Sharing Plan for Pacific Halibut

in Area 2A'' are available from NMFS (see ADDRESSES). Comments on the

EA/RIR are requested by January 19, 2000.

The Chief Counsel for Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration that the changes to the Plan would not have a

significant economic impact on a substantial number of small entities

as follows:

The proposed action to move the borderline between the

Washington sport fishery Puget Sound and North Coast subareas is

expected to result in either no change or in a positive change in

halibut fishing opportunity for individual halibut anglers. This

proposed change will reclassify halibut landings made in the area

from the Sekiu River west to Neah Bay as North Coast subarea

landings, rather than as Puget Sound subarea landings. Sport fishing

for halibut in this western Strait of Juan de Fuca area is more

similar in character (fast-paced, high landings) to the North Coast

fishery than to the rest of the Puget Sound fishery

a sport fishery, and for the Oregon

North Central Coast subarea sport fishery, the change in halibut

poundage may have some effect on fishery durations.

Although the directed commercial fishery for halibut is one of

the larger non-treaty halibut fisheries by weight, the duration and

average halibut harvest per licensed vessel is primarily affected by

the number of participants in the fishery. Over the 1997 through

1999 period, the average amount of halibut taken per licensed vessel

has increased, because the number of licensed vessels has decreased

while the overall commercial quota has remained fairly constant.

Although the overall amount of halibut available to the directed

commercial fishery would decrease under the allocation shift from

non-treaty to treaty fisheries, the change is not enough to have a

greater effect on the average amount of halibut taken per licensed

participant than the effect of the number of participants in the

fishery on the average amount of halibut taken per licensed vessel.

In the non-treaty sport fisheries, the Washington North Coast

subarea and Oregon North Central Coast subarea take the largest

halibut allocations, and will likely be most affected by the

allocation shift from non-treaty to treaty fisheries. In the

Washington North Coast subarea, assuming a catch rate similar to

1999 of 1,766 lb (0.8 mt) per day, the season could be reduced from

50 to 47 fishing days as a result of the approximately 4,700 lb (2.1

mt) shift in allocation from non-treaty to treaty fisheries. For

this particular subarea, the effects of the allocation shift may be

mitigated by the proposed changes to Washington sport fishery

subarea management that shift the borderline and quota between the

Puget Sound and North Coast subareas

ason could be reduced from

50 to 47 fishing days as a result of the approximately 4,700 lb (2.1

mt) shift in allocation from non-treaty to treaty fisheries. For

this particular subarea, the effects of the allocation shift may be

mitigated by the proposed changes to Washington sport fishery

subarea management that shift the borderline and quota between the

Puget Sound and North Coast subareas.

In the Oregon North Central Coast subarea, assuming a catch rate

for the all-depth fishery similar to 1999 of 19,270 lb (8.7 mt) per

day, the season could be reduced from 7 to 6 fishing days as a

result of the approximately 7,000 lb (3.2 mt) shift in allocation

from non-treaty to treaty fisheries. The reduction in the quota

available to the Oregon all-depth fishery could alternatively result

in an inseason quota shift from the nearshore sport fisheries to the

all-depth sport fisheries.

The proposed actions to bring the Plan into compliance with the

court-ordered allocation of halibut between treaty and non-treaty

fisheries, and the restructuring of the Washington sport fisheries

in the Puget Sound and North Coast subareas will not affect sport

fishing opportunity for bottomfish, salmon, and other species that

account for a much greater proportion of the sport fishing

opportunity in Washington and Oregon. In addition to these two

changes to the Plan, the Council has recommended changes to: (1) the

inseason management structure for the Washington South Coast subarea

``hot spot,'' and (2) the subarea quota structuring for the Oregon

North Central and South Central fisheries inside 30 fathoms. These

additional proposed changes to the Plan have far less effect on

small entities than either of the proposed changes discussed above,

and are expected to result in either no impact at all, or a modest

increase in fishery and regulatory convenience. Consequently,

changes to the Plan are not expected to have a significant economic

effect on a substantial number of small entities

0 fathoms. These

additional proposed changes to the Plan have far less effect on

small entities than either of the proposed changes discussed above,

and are expected to result in either no impact at all, or a modest

increase in fishery and regulatory convenience. Consequently,

changes to the Plan are not expected to have a significant economic

effect on a substantial number of small entities. The proposed sport

management measures for 2000 merely implement the Plan at the

appropriate level of TAC; their impacts are within the scope of the

impacts analyzed for the Plan.

Therefore, a regulatory flexibility analysis was not prepared.

This action has been determined to be not significant for purposes

of E.O. 12866.

Dated: December 28, 1999.

Penelope D. Dalton,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 00-86 Filed 1-3-00; 8:45 am]

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