[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Rules and Regulations]
[Pages 13000-13009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6854]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 980225048-8059-02; I.D. 030698A]
RIN 0648-AK58
Pacific Halibut Fisheries; Catch Sharing Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 13001]]
ACTION: Final rule; annual management measures for Pacific halibut
fisheries and approval of catch sharing plans.
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SUMMARY: The Assistant Administrator for Fisheries, NOAA (AA), on
behalf of the International Pacific Halibut Commission (IPHC),
publishes annual management measures promulgated as regulations by the
IPHC and approved by the Secretary of State governing the Pacific
halibut fishery. The AA also announces the approval of modifications to
the Catch Sharing Plan for Area 2A and publishes the implementing
regulations for 1998. These actions are intended to enhance the
conservation of the Pacific halibut stock in order to help rebuild and
sustain it at an adequate level in the northern Pacific Ocean and
Bering Sea.
DATES: This final rule is effective March 15, 1998.
ADDRESSES: NMFS Alaska Region, 709 West 9th St., P.O. Box 21668,
Juneau, AK 99802-1668; or NMFS Northwest Region, 7600 Sand Point Way
NE, Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6143 or Jay
Ginter, 907-586-7228.
SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations
governing the Pacific halibut fishery in 1998, under the Convention
between the United States and Canada for the Preservation of the
Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention),
signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol
Amending the Convention (signed at Washington, DC, on March 29, 1979).
The IPHC regulations have been approved by the Secretary of State of
the United States under section 4 of the Northern Pacific Halibut Act
(Halibut Act, 16 U.S.C. 773-773k). Pursuant to regulations at 50 CFR
300.62, the approved IPHC regulations setting forth the 1998 IPHC
annual management measures are published in the Federal Register to
provide notice of their effectiveness and to inform persons subject to
the regulations of the restrictions and requirements.
The IPHC held its annual meeting on January 26-29, 1998, in
Anchorage, Alaska, and adopted regulations for 1998. The substantive
changes to the previous IPHC regulations (62 FR 12759, March 18, 1997)
include:
1. New catch limits for all areas;
2. Elimination of the IPHC license requirements for halibut charter
vessels operating in waters off the coasts of Alaska and British
Columbia;
3. Revision of logkeeping requirements for commercial halibut
vessels 26 ft (7.9 meter (m)) and longer; and
4. Establishment of opening dates for the Area 2 commercial
directed halibut fishery.
In addition, this action implements Catch Sharing Plans (Plans) for
regulatory Areas 2A and 4C, 4D, and 4E. These Plans were developed
respectively by the Pacific Fishery Management Council (PFMC) and the
North Pacific Fishery Management Council (NPFMC) under authority of the
Halibut Act. Section 5 of the Halibut Act (16 U.S.C. 773c) provides
that the Secretary of Commerce (Secretary) shall have general
responsibility to carry out the Convention between the United States
and Canada, and that the Secretary shall adopt such regulations as may
be necessary to carry out the purposes and objectives of the Convention
and the Halibut Act. The Secretary's authority has been delegated to
the AA. Section 5 of the Halibut Act (16 U.S.C. 773c(c)) also
authorizes the Regional Fishery Management Council having authority for
the geographic area concerned to develop regulations governing the
Pacific halibut catch in U.S. Convention waters that are in addition
to, but not in conflict with, regulations of the IPHC. Pursuant to this
authority, NMFS requested the PFMC and NPFMC to allocate halibut
catches should such allocation be necessary.
Catch Sharing Plan (CSP) for Area 2A
The PFMC has prepared annual Plans since 1988 to allocate the
halibut catch limit for Area 2A among treaty Indian, non-Indian
commercial, and non-Indian sport fisheries in and off Washington,
Oregon, and California. In 1995, NMFS implemented a Council-
recommended, long-term Plan (60 FR 14651, March 20, 1995), which was
revised in 1996 (61 FR 11337, March 20, 1996) and 1997 (62 FR 12759,
March 18, 1997). The Plan allocates 35 percent of the Area 2A total
allowable catch (TAC) to Washington treaty Indian tribes in Subarea 2A-
1 and 65 percent to non-Indian fisheries in Area 2A. The allocation to
non-Indian fisheries is divided into three shares, with the Washington
sport fishery (north of the Columbia River) receiving 36.6 percent, the
Oregon/California sport fishery receiving 31.7 percent, and the
commercial fishery receiving 31.7 percent. The commercial fishery is
further divided into two sectors: A directed (traditional longline)
commercial fishery that is allocated 85 percent of the non-Indian
commercial harvest, and a salmon troll fishery that is allocated 15
percent for harvests of incidental catches of halibut. The directed
commercial fishery in Area 2A is confined to southern Washington (south
of 46 deg.53'18'' N. lat.), Oregon and California. The Plan also
divides the sport fisheries into seven geographic areas, each with
separate allocations, seasons, and bag limits.
For 1998, PFMC recommended changes to the CSP to modify the Pacific
halibut sport fisheries in Area 2A in 1998 and beyond, pursuant to
recommendations from the Washington Department of Fish and Wildlife
(WDFW) and the Oregon Department of Fish and Wildlife (ODFW). The
purpose of the changes was to increase sport fishing opportunity for
halibut at higher TAC levels, allow sport fishery users to better
utilize their allocation, and provide an opportunity for sablefish
longline fishermen to retain incidentally caught halibut when the
halibut TAC is high. For the Washington sport fisheries, the PFMC
recommended changing the CSP such that when the 2A TAC is above 550,000
lb (249.5 mt), the sharing of the Washington sport allocation among the
four subareas would change to 32 percent each to the WA Inside Waters,
WA North Coast and WA South Coast subareas, and 4 percent to the
Columbia River subarea. Further, at TACs in excess of 900,000 lb (408.2
mt), the Council recommended applying the Washington sport share of the
TAC above 214,110 lb (97.1 mt), provided a minimum of 10,000 lb (4.5
mt) is available (i.e., the Washington sport allocation is 224,110 lb
(101.7 mt) or greater) to incidental catches in the non-Indian
commercial fishery for sablefish north of Point Chehalis, WA. For the
Oregon sport fisheries, the Council recommended frameworking the
opening dates and providing a fixed season for the Oregon South Coast
area.
A complete description of the PFMC recommended changes to the CSP,
notice of a draft Environmental Assessment and Regulatory Impact Review
(EA/RIR), and proposed sport fishery management measures were published
in the Federal Register on January 26, 1998 (63 FR 3693), with a
request for public comments. No public comments were received on the
proposed changes to the CSP, except for a statement of support for the
changes by the Washington Department of Fish and Wildlife. Also, no
comments were received on the EA/RIR. Therefore, NMFS has approved the
changes to the CSP as proposed, made a finding of no significant impact
on the environment, and finalized the EA/RIR. Copies of the complete
CSP for Area 2A as modified and the final EA/RIR are available from the
NMFS Northwest Regional Office (see ADDRESSES).
[[Page 13002]]
In accordance with the CSP, the WDFW and the ODFW held public
workshops (after the IPHC set the Area 2A quota) on February 2 and 9,
1998, respectively, to develop recommendations on the opening dates and
weekly structure of the sport fisheries. The WDFW and ODFW sent letters
to NMFS on February 6 and 17, 1998, respectively, advising on the
outcome of the workshop and provided the following comments and
recommendations on the opening dates and season structure for the sport
fisheries. In addition, NMFS received one public comment on the
proposed sport seasons included in the following comment and response
section.
Comment: WDFW recommended a May 22 to August 3 season, 5 days per
week (closed Tuesday and Wednesday) for the Washington Inside Waters
area sport fishery. The recommended number of fishing days is based on
analysis of past harvest patterns in this fishery.
Response: NMFS agrees with the calculated number of fishing days
necessary to achieve, but not exceed, the subquota for this area. The
recommended season has been incorporated in the 1998 sport fishery
measures.
Comment: WDFW recommended that the Washington North Coast area
sport fishery be structured such that 15,000 lb (6.8 mt) of the subarea
quota be reserved to provide for the second priority in the CSP--a July
1 season. The WDFW recommendation is for the sport fishery to open on
May 1 and to continue to June 30, or until 81,052 lb (36.7 mt) of the
96,052 lb (43.6 mt) quota are harvested. The fishery would reopen on
July 1 and continue 5 days/week (closed Sunday and Monday) until the
quota has been taken or until September 30.
Response: NMFS agrees and has incorporated these recommendations
into the 1998 sport fishery measures.
Comment: WDFW recommended that the seasonal structure set forth in
the CSP be implemented for the sport fisheries in the Washington South
Coast and the Columbia River subareas.
Response: NMFS has structured the seasons for these subareas in
accordance with the CSP.
Comment: ODFW recommended a 6-day season for the May opening in the
Oregon Central Coast and South Coast subareas based on an analysis of
past harvest rates which indicated an increasing annual trend in the
sport fishery. Sport users at the ODFW workshop recommended a 7-day
season based on the 1997 rates of harvest. ODFW did not recommend using
the 1997 harvest per day because the annual harvest per day has
consistently exceeded the rate from the previous year. One public
comment submitted to NMFS recommended a 7-day season.
Response: NMFS has implemented a 6-day fixed season in May for
these two subareas. The CSP stipulates that the number of fixed season
days established will be based on the projected catch per day with the
intent of not exceeding the subarea season subquotas. Based on the
increasing annual trend in harvest in these sport fisheries, a 7-day
season may result in a catch that exceeds the subquota, and would not
be consistent with the CSP.
Comment: ODFW and the public in attendance at the ODFW workshop
recommended no additional open days in May-June if unharvested quota
remains after the fixed opening days in the Oregon Central Coast
subarea. Instead, it was recommended that any unused quota be used in
the August fishery, which is a Friday-Saturday fishery. One public
comment submitted to NMFS recommended additional fishing on Thursdays
in June.
Response: The CSP stipulates that ``If sufficient catch remains for
an additional day of fishing after the May season or the August season,
openings will be provided if possible in May and August respectively.
Potential additional open dates for both the May and August seasons
will be announced preseason.'' Further, the CSP stipulates that ``ODFW
will monitor landings and provide a post-season estimate of catch
within 2 weeks of the end of the fixed season.'' Since a 6-day May
season would extend to late May (May 23), additional opening dates in
May cannot be set that would provide the necessary 2-week timeframe for
ODFW to estimate the catch during the fixed season. Therefore, NMFS
agrees with the recommendation to transfer any unused quota to the
August fishery.
Comment: ODFW and the public in attendance at the ODFW workshop
recommended 4 additional opening days after the May fixed season on
June 12, 13, 19, and 20, with a Saturday preference, for the Oregon
South Coast subarea.
Response: NMFS has incorporated these dates in the sport fishery
management measures.
Comment: ODFW recommended a 1-day fixed season for the August
fishery on August 7 based on an analysis of past harvest rates. Sport
users at the ODFW workshop recommended a 2-day season on August 7 and
8. ODFW did not recommend a 2-day season because the projected catch
would exceed the quota with 2 full days of fishing. ODFW will make a
projection in mid-July to determine whether sufficient quota remains to
recommend a second day of fishing on August 8.
Response: The August fishery is scheduled for only 1 day on August
7 to ensure that the quota is not exceeded. Inseason action may be
taken to allow for an additional all-depth fishing day in accordance
with the CSP if sufficient quota remains. If the remaining unharvested
quota is insufficient for 1 day of all depth fishing, the CSP
stipulates that the fishery will reopen in the area inside 30 fathoms
and continue until the quota is taken or September 30, whichever is
earlier.
Accordingly, NMFS has implemented sport fishing management measures
in Area 2A based on recommendations from the states in accordance with
the CSP.
Catch Sharing Plan for Areas 4C, 4D, and 4E
The NPFMC developed a Plan in 1996 for allocating the Area 4 catch
limit established by the IPHC among subareas 4A, 4B, 4C, 4D, and 4E.
This Plan was approved by NMFS and first implemented in 1996 (61 FR
11337, March 20, 1996). In 1997, the NPFMC recommended changing the
Plan. NMFS published a proposed rule in the Federal Register (63 FR
1812, January 12, 1998) to implement the NPFMC action to revise the
CSP. Public comment on the proposed rule was invited for a 30-day
period that ended on February 11, 1998. No comments were received. This
final rule contains no changes from the proposed rule. Amendment of the
Plan as proposed was approved by NMFS and implemented by this action.
The revised CSP removed Areas 4A and 4B from the CSP, so that catch
limits for those areas and a combined Area 4C-4E may be set according
to the IPHC's biomass-based methodology. Further, the revised CSP
provides for apportioning the combined Area 4C-4E catch limit among
Areas 4C, 4D, and 4E as separate catch limits. The revised CSP
constitutes a framework to be applied to the combined annual catch
limit established by the IPHC for Areas 4C, 4D, and 4E. The purpose of
the revised CSP is to provide for the apportionment of catch limits to
Areas 4C, 4D, and 4E apart from Areas 4A and 4B. This is necessary to
carry out the objectives of the Individual Fishing Quota and Western
Alaska Community Development Quota programs, which allocate halibut
among U.S. fishermen. The IPHC, consistent with its authority and
responsibilities, will implement the measures specified in this CSP
beginning in 1998. This revised CSP
[[Page 13003]]
will continue in effect until amended by the NPFMC or superseded by
action of the IPHC. The 1998 catch limits established by the IPHC for
the Areas 4C, 4D, and 4E and published at section 11 of the following
regulations are consistent with the Plan.
In addition to revision of the CSP, the proposed rule published
January 12, 1998 (63 FR 1812), proposed a regulatory change at 50 CFR
300.63(b). This change is necessary for consistency with the revised
CSP implemented by this action. The 30-day public comment period on the
proposed rule change ended on February 11, 1998, and no comments were
received. Therefore, NMFS is incorporating into this action the final
rule implementing the change to 50 CFR 300.63(b) with no change from
the proposed rule.
The 1998 Pacific halibut fishery regulations that follow are
identical to those recommended by the IPHC and approved by the
Secretary of State and include the domestic regulations approved by
NMFS that are necessary to implement the CSP in Area 2A.
1998 Pacific Halibut Fishery Regulations
1. Short Title
These regulations may be cited as the Pacific Halibut Fishery
Regulations.
2. Interpretation
(1) In these Regulations,
(a) Authorized officer means any State, Federal, or Provincial
officer authorized to enforce these regulations including, but not
limited to, the National Marine Fisheries Service (NMFS), Canada's
Department of Fisheries and Oceans (DFO), Alaska Division of Fish
and Wildlife Protection (ADFWP), and the United States Coast Guard
(USCG);
(b) Charter vessel means a vessel used for hire in sport fishing
for halibut, but not including a vessel without a hired operator;
(c) Commercial fishing means fishing the resulting catch of
which either is or is intended to be sold or bartered;
(d) Commission means the International Pacific Halibut
Commission;
(e) Daily bag limit means the maximum number of halibut a person
may take in any calendar day from Convention waters;
(f) Fishing means the taking, harvesting, or catching of fish,
or any activity that can reasonably be expected to result in the
taking, harvesting, or catching of fish, including specifically the
deployment of any amount or component part of setline gear anywhere
in the maritime area;
(g) Fishing period limit means the maximum amount of halibut
that may be retained and landed by a vessel during one fishing
period;
(h) Land, with respect to halibut, means the offloading of
halibut from the catching vessel;
(i) License means a halibut fishing license issued by the
Commission pursuant to section 3;
(j) Maritime area, in respect of the fisheries jurisdiction of a
Contracting Party, includes without distinction areas within and
seaward of the territorial sea or internal waters of that Party;
(k) Operator, with respect to any vessel, means the owner and/or
the master or other individual on board and in charge of that
vessel;
(l) Overall length of a vessel means the horizontal distance,
rounded to the nearest foot, between the foremost part of the stem
and the aftermost part of the stern (excluding bowsprits, rudders,
outboard motor brackets, and similar fittings or attachments);
(m) Person includes an individual, corporation, firm, or
association;
(n) Regulatory area means an area referred to in section 6;
(o) Setline gear means one or more stationary, buoyed, and
anchored lines with hooks attached;
(p) Sport fishing means all fishing other than commercial
fishing and treaty Indian ceremonial and subsistence fishing;
(q) Tender means any vessel that buys or obtains fish directly
from a catching vessel and transports it to a port of landing or
fish processor;
(2) In these Regulations, all bearings are true and all
positions are determined by the most recent charts issued by the
National Ocean Service or the Canadian Hydrographic Service.
(3) In these Regulations all weights shall be computed on the
basis that the heads of the fish are off and their entrails removed.
3. Licensing Vessels
(1) No person shall fish for halibut from a vessel, nor possess
halibut on board a vessel, used either for commercial fishing or as
a charter vessel in Area 2A unless the Commission has issued a
license valid for fishing in Area 2A in respect of that vessel.
(2) A license issued for a vessel operating in Area 2A shall be
valid only for operating either as a charter vessel or a commercial
vessel, but not both.
(3) A license issued for a vessel operating in the commercial
fishery in Area 2A shall be valid only for either the directed
commercial fishery during the fishing periods specified in paragraph
(2) of section 8 or the incidental catch fishery during the salmon
troll fishery specified in paragraph (3) of section 8, but not both.
(4) A license issued in respect of a vessel referred to in
paragraph (1) must be carried on board that vessel at all times and
the vessel operator shall permit its inspection by any authorized
officer.
(5) The Commission shall issue a license in respect of a vessel,
without fee from its office in Seattle, Washington, upon receipt of
a completed, written, and signed ``Application for Vessel License
for the Halibut Fishery'' form.
(6) A vessel operating in the directed commercial fishery in
Area 2A must have its ``Application for Vessel License for the
Halibut Fishery'' form postmarked no later than 11:59 P.M. on April
30, or on the first weekday in May if April 30 is a Saturday or
Sunday.
(7) A vessel operating in the incidental commercial fishery
during the salmon troll season in Area 2A must have its
``Application for Vessel License for the Halibut Fishery'' form
postmarked no later than 11:59 P.M. on March 31, or the first
weekday in April if March 31 is a Saturday or Sunday.
(8) Application forms may be obtained from any authorized
officer or from the Commission.
(9) Information on ``Application for Vessel License for the
Halibut Fishery'' form must be accurate.
(10) The ``Application for Vessel License for the Halibut
Fishery'' form shall be completed and signed by the vessel owner.
(11) Licenses issued under this section shall be valid only
during the year in which they are issued.
(12) A new license is required for a vessel that is sold,
transferred, renamed, or re-documented.
(13) The license required under this section is in addition to
any license, however designated, that is required under the laws of
the United States or any of its States.
(14) The United States may suspend, revoke, or modify any
license issued under this section under policies and procedures in
Title 15, Code of Federal regulations, part 904.
4. Inseason Actions
(1) The Commission is authorized to establish or modify
regulations during the season after determining that such action:
(a) Will not result in exceeding the catch limit established
preseason for each regulatory area;
(b) Is consistent with the Convention between the United States
of America and Canada for the Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering Sea, and applicable domestic
law of either Canada or the United States; and
(c) Is consistent, to the maximum extent practicable, with any
domestic catch sharing plans developed by the United States or
Canadian governments.
(2) Inseason actions may include, but are not limited to,
establishment or modification of the following:
(a) Closed areas;
(b) Fishing periods;
(c) Fishing period limits;
(d) Gear restrictions;
(e) Sport bag limits;
(f) Size limits; or
(g) Vessel clearances.
(3) Inseason changes will be effective at the time and date
specified by the Commission.
(4) The Commission will announce inseason actions under this
section by providing notice to major halibut processors; Federal,
State, United States treaty Indian, and Provincial fishery
officials; and the media.
5. Application
(1) These Regulations apply to persons and vessels fishing for
halibut in, or possessing halibut taken from, waters off the west
coast of Canada and the United States, including the southern as
well as the western coasts of Alaska, within the respective maritime
areas in which each of those countries exercises exclusive fisheries
jurisdiction as of March 29, 1979.
[[Page 13004]]
(2) Sections 6 to 21 apply to commercial fishing for halibut.
(3) Section 7 applies to the Western Alaska Community
Development Quota (CDQ) fishery in Area 4E.
(4) Section 22 applies to the United States treaty Indian tribal
fishery in Area 2A-1.
(5) Section 23 applies to sport fishing for halibut.
(6) These Regulations do not apply to fishing operations
authorized or conducted by the Commission for research purposes.
6. Regulatory Areas
The following areas shall be regulatory areas for the purposes
of the Convention:
(1) Area 2A includes all waters off the states of California,
Oregon, and Washington;
(2) Area 2B includes all waters off British Columbia;
(3) Area 2C includes all waters off Alaska that are east of a
line running 340 deg. true from Cape Spencer Light (58 deg.11'57''
N. lat., 136 deg.38'18'' W. long.) and south and east of a line
running 205 deg. true from said light;
(4) Area 3A includes all waters between Area 2C and a line
extending from the most northerly point on Cape Aklek
(57 deg.41'15'' N. lat., 155 deg.35'00'' W. long.) to Cape Ikolik
(57 deg.41'17'' N. lat., 154 deg.47'18'' W. long.), then along the
Kodiak Island coastline to Cape Trinity (56 deg.44'50'' N. lat.,
154 deg.08'44'' W. long.), then 140 deg. true;
(5) Area 3B includes all waters between Area 3A and a line
extending 150 deg. true from Cape Lutke (54 deg.29'00'' N. lat.,
164 deg.20'00'' W. long.) and south of 54 deg.49'00'' N. lat. in
Isanotski Strait;
(6) Area 4A includes all waters in the Gulf of Alaska west of
Area 3B and in the Bering Sea west of the closed area defined in
section 10 that are east of 172 deg.00'00'' W. long. and south of
56 deg.20'00'' N. lat.;
(7) Area 4B includes all waters in the Bering Sea and the Gulf
of Alaska west of Area 4A and south of 56 deg.20'00'' N. lat.;
(8) Area 4C includes all waters in the Bering Sea north of Area
4A and north of the closed area defined in section 10 which are east
of 171 deg.00'00'' W. long., south of 58 deg.00'00'' N. lat., and
west of 168 deg.00'00'' W. long.;
(9) Area 4D includes all waters in the Bering Sea north of Areas
4A and 4B, north and west of Area 4C, and west of 168 deg.00'00'' W.
long.;
(10) Area 4E includes all waters in the Bering Sea north and
east of the closed area defined in section 10, east of
168 deg.00'00'' W. long., and south of 65 deg.34'00'' N. lat.
7. Fishing in Regulatory Area 4E
(1) A person may retain halibut taken with setline gear in the
Area 4E CDQ fishery that are smaller than the size limit specified
in Section 13, provided that no person may sell or barter such
halibut.
(2) Section 7 shall be effective until December 31, 1999.
8. Fishing Periods
(1) The fishing periods for each regulatory area apply where the
catch limits specified in section 10 have not been taken.
(2) Each fishing period in the Area 2A directed fishery south of
46 deg.53'18'' N. lat. shall begin at 0800 hours and terminate at
1800 hours local time on July 22, August 19, August 26, September 9,
and September 23, unless the Commission specifies otherwise.
(3) Notwithstanding paragraph (2), and paragraph (7) of section
11, an incidental catch fishery is authorized during salmon troll
seasons in Area 2A. Vessels participating in the salmon troll
fishery in Area 2A may retain halibut caught incidentally during
authorized periods, in conformance with the annual salmon management
measures announced in the Federal Register. The notice also will
specify the ratio of halibut to salmon that may be retained during
this fishery.
(4) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E shall begin at 1200 hours local time on March 15 and
terminate at 1200 hours local time on November 15, unless the
Commission specifies otherwise.
(5) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on
November 15.
9. Closed Periods
(1) No person shall engage in fishing for halibut in any
regulatory area other than during the fishing periods set out in
section 8 in respect of that area.
(2) No person shall land or otherwise retain halibut caught
outside a fishing period applicable to the regulatory area where the
halibut was taken.
(3) Subject to paragraphs (7), (8), (9), and (10) of section 19,
these Regulations do not prohibit fishing for any species of fish
other than halibut during the closed periods.
(4) Notwithstanding paragraph (3), no person shall have halibut
in his/her possession while fishing for any other species of fish
during the closed periods.
(5) No vessel shall retrieve any halibut fishing gear during a
closed period if the vessel has any halibut on board.
(6) A vessel that has no halibut on board may retrieve any
halibut fishing gear during the closed period after the operator
notifies an authorized officer or representative of the Commission
prior to that retrieval.
(7) After retrieval of halibut gear in accordance with paragraph
(6), the vessel shall submit to a hold inspection at the discretion
of the authorized officer or representative of the Commission.
(8) No person shall retain any halibut caught on gear retrieved
under paragraph (6).
(9) No person shall possess halibut aboard a vessel in a
regulatory area during a closed period unless that vessel is in
continuous transit to or within a port in which that halibut may be
lawfully sold.
10. Closed Area
(1) All waters in the Bering Sea north of 55 deg.00'00'' N. lat.
in Isanotski Strait that are enclosed by a line from Cape Sarichef
Light (54 deg.36'00'' N. lat., 164 deg.55'42'' W. long.) to a point
at 56 deg.20'00'' N. lat., 168 deg.30'00'' W. long.; thence to a
point at 58 deg.21'25'' N. lat., 163 deg.00'00'' W. long.; thence to
Strogonof Point (56 deg.53'18'' N. lat., 158 deg.50'37'' W. long.);
and then along the northern coasts of the Alaska Peninsula and
Unimak Island to the point of origin at Cape Sarichef Light are
closed to halibut fishing and no person shall fish for halibut
therein or have halibut in his/her possession while in those waters
except in the course of a continuous transit across those waters.
All waters in Isanotski Strait between 55 deg.00'00'' N. lat. and
54 deg.49'00'' N. lat. are closed to commercial halibut fishing.
(2) In Area 2A, all waters north of Point Chehalis, WA
(46 deg.53'18'' N. lat.) are closed to the directed commercial
halibut fishery.
11. Catch Limits
(1) The total allowable catch of halibut to be taken during the
halibut fishing periods specified in section 8 shall be limited to
the weight expressed in pounds or metric tons (mt) shown in the
following table:
------------------------------------------------------------------------
Regulatory area
Catch limits ----------------------------
Pounds Metric tons
------------------------------------------------------------------------
2A......................................... 168,961 76.6
2B......................................... 13,000,000 5,895.7
2C......................................... 10,500,000 4,761.9
3A......................................... 26,000,000 11,791.4
3B......................................... 11,000,000 4,988.7
4A......................................... 3,500,000 1,587.3
4B......................................... 3,500,000 1,587.3
4C......................................... 1,590,000 721.1
4D......................................... 1,590,000 721.1
4E......................................... 320,000 145.1
------------------------------------------------------------------------
(2) Notwithstanding paragraph (1) of this section, the catch
limit in Area 2A shall be divided between a directed halibut fishery
to operate south of 46 deg.53'18'' N. lat. during the fishing
periods set out in paragraph 2 of Section 8 and an incidental
halibut catch fishery during the salmon troll fishery in Area 2A
described in paragraph 3 of Section 8. Inseason actions to transfer
catch between these fisheries may occur in conformance with the
Catch Sharing Plan for Area 2A.
(a) The catch limit in the directed halibut fishery is 143,617
lb (65.1 mt).
(b) The catch limit in the incidental catch fishery during the
salmon troll fishery is 25,344 lb (11.5 mt).
(3) The Commission shall determine and announce to the public
the date on which the catch limit for Area 2A will be taken and the
specific dates during which the directed fishery will be allowed in
Area 2A.
(4) Notwithstanding paragraph (1), Area 2B will close only when
all Individual Vessel Quotas assigned by Canada's Department of
Fisheries and Oceans are taken, or November 15, whichever is
earlier.
(5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E will close only when all Individual Fishing Quotas and
all Community Development Quotas issued by the National Marine
Fisheries Service have been taken, or November 15, whichever is
earlier.
(6) If the Commission determines that the catch limit specified
for Area 2A in paragraph (1) would be exceeded in an unrestricted
10-hour fishing period as specified in paragraph (2) of section 8,
the catch limit for that area shall be considered to have been taken
unless fishing period limits are implemented.
(7) When under paragraphs (2), (3) or (6) the Commission has
announced a date on
[[Page 13005]]
which the catch limit for Area 2A will be taken, no person shall
fish for halibut in that area after that date for the rest of the
year, unless the Commission has announced the reopening of that area
for halibut fishing.
12. Fishing Period Limits
(1) It shall be unlawful for any vessel to retain more halibut
than authorized by that vessel's license in any fishing period for
which the Commission has announced a fishing period limit.
(2) The operator of any vessel that fishes for halibut during a
fishing period when fishing period limits are in effect must, upon
commencing an offload of halibut to a commercial fish processor,
completely offload all halibut on board said vessel to that
processor and ensure that all halibut is weighed and reported on
State fish tickets.
(3) The operator of any vessel that fishes for halibut during a
fishing period when fishing period limits are in effect must, upon
commencing an offload of halibut other than to a commercial fish
processor, completely offload all halibut on board said vessel and
ensure that all halibut are weighed and reported on State fish
tickets.
(4) The provisions of paragraph (3) are not intended to prevent
retail over-the-side sales to individual purchasers so long as all
the halibut on board is ultimately offloaded and reported.
(5) When fishing period limits are in effect, a vessel's maximum
retainable catch will be determined by the Commission based on:
(a) The vessel's overall length in feet and associated length
class;
(b) The average performance of all vessels within that class;
and
(c) The remaining catch limit.
(6) Length classes are shown in the following table:
------------------------------------------------------------------------
Overall length Vessel class
------------------------------------------------------------------------
1-25....................................... A
26-30...................................... B
31-35...................................... C
36-40...................................... D
41-45...................................... E
46-50...................................... F
51-55...................................... G
56+........................................ H
------------------------------------------------------------------------
(7) Fishing period limits in Area 2A apply only to the directed
halibut fishery referred to in paragraph (2) of section 8.
13. Size Limits
(1) No person shall take or possess any halibut that:
(a) With the head on, is less than 32 inches (81.3 cm) as
measured in a straight line, passing over the pectoral fin from the
tip of the lower jaw with the mouth closed, to the extreme end of
the middle of the tail, as illustrated in Figure 2; or
(b) With the head removed, is less than 24 inches (61.0 cm) as
measured from the base of the pectoral fin at its most anterior
point to the extreme end of the middle of the tail, as illustrated
in Figure 2.
(2) No person shall possess on board a vessel a halibut that has
been mutilated, or otherwise disfigured in any manner that prevents
the determination of whether the halibut complies with the size
limits specified in this section, except that:
(a) This paragraph shall not prohibit the possession on board a
vessel of halibut cheeks cut from halibut caught by persons
authorized to process the halibut on board in accordance with NMFS
regulations published at Title 50, Code of Federal regulations, part
679; and
(b) No person shall possess a filleted halibut on board a
vessel.
(3) No person on board a vessel fishing for, or tendering,
halibut caught in Area 2A shall possess any halibut that has had its
head removed.
14. Careful Release of Halibut
All halibut that are caught and are not retained shall be
immediately released and returned to the sea with a minimum of
injury by
(a) Hook straightening outboard of the roller;
(b) Cutting the gangion near the hook; or
(c) Carefully removing the hook by twisting it from the halibut
with a gaff.
15. Vessel Clearance in Area 4
(1) The operator of any vessel that fishes for halibut in Areas
4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in
any of these areas, and before the unloading of any halibut caught
in any of these areas, unless specifically exempted in paragraphs
(9), (12), (13), (14), or (15).
(2) The vessel clearance required under paragraph (1) prior to
fishing in Area 4A may be obtained only at Dutch Harbor or Akutan,
Alaska, from an authorized officer of the United States, a
representative of the Commission, or a designated fish processor.
(3) The vessel clearance required under paragraph (1) prior to
fishing in Area 4B may only be obtained at Nazan Bay on Atka Island,
Alaska, from an authorized officer of the United States, a
representative of the Commission, or a designated fish processor.
(4) The vessel clearance required under paragraph (1) prior to
fishing in Area 4C or 4D may be obtained only at St. Paul or St.
George, Alaska, from an authorized officer of the United States, a
representative of the Commission, or a designated fish processor by
VHF radio and allowing the person contacted to confirm visually the
identity of the vessel.
(5) The vessel operator shall specify the specific regulatory
area in which fishing will take place.
(6) Before unloading any halibut caught in Area 4A, a vessel
operator may obtain the clearance required under paragraph (1) only
in Dutch Harbor or Akutan, Alaska, by contacting an authorized
officer of the United States, a representative of the Commission, or
a designated fish processor.
(7) Before unloading any halibut caught in Area 4B, a vessel
operator may obtain the clearance required under paragraph (1) only
in Nazan Bay on Atka Island, either in person or by contacting an
authorized officer of the United States, a representative of the
Commission, or a designated fish processor by VHF radio and allowing
the person contacted to confirm visually the identity of the vessel.
(8) Before unloading any halibut caught in Area 4C or 4D, a
vessel operator may obtain the clearance required under paragraph
(1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska,
either in person or by contacting an authorized officer of the
United States, a representative of the Commission, or a designated
fish processor. The clearances obtained in St. Paul or St. George,
Alaska, can be obtained by VHF radio and allowing the person
contacted to confirm visually the identity of the vessel.
(9) Any vessel operator who complies with the requirements in
Section 18 for possessing halibut on board a vessel that was caught
in more than one regulatory area in Area 4 is exempt from the
clearance requirements of paragraph (1) of this section, but must
comply with the following requirements:
(a) The operator of the vessel must obtain a vessel clearance
prior to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul,
St. George, or Nazan Bay on Atka Island by contacting an authorized
officer of the United States, a representative of the Commission, or
a designated fish processor. The clearance obtained in St. Paul, St.
George, or Nazan Bay on Atka Island can be obtained by VHF radio and
allowing the person contacted to confirm visually the identity of
the vessel. This clearance will list the Areas in which the vessel
will fish; and
(b) Before unloading any halibut from Area 4, the vessel
operator must obtain a vessel clearance from Dutch Harbor, Akutan,
St. Paul, St. George, or Nazan Bay on Atka Island by contacting an
authorized officer of the United States, a representative of the
Commission, or a designated fish processor. The clearance obtained
in St. Paul, St. George, or Nazan Bay on Atka Island can be obtained
by VHF radio and allowing the person contacted to confirm visually
the identity of the vessel.
(10) Vessel clearances shall be obtained between 0600 and 1800
hours, local time.
(11) No halibut shall be on board the vessel at the time of the
clearances required prior to fishing in Area 4.
(12) Any vessel that is used to fish for halibut only in Area 4A
and lands its total annual halibut catch at a port within Area 4A is
exempt from the clearance requirements of paragraph (1).
(13) Any vessel that is used to fish for halibut only in Area 4B
and lands its total annual halibut catch at a port within Area 4B is
exempt from the clearance requirements of paragraph (1).
(14) Any vessel that is used to fish for halibut only in Area 4C
and lands its total annual halibut catch at a port within Area 4C is
exempt from the clearance requirements of paragraph (1).
(15) Any vessel that is used to fish for halibut only in Areas
4D and 4E and lands its total annual halibut catch at a port within
Areas 4D, 4E, or the closed area defined in section 10, is exempt
from the clearance requirements of paragraph (1).
16. Logs
(1) The operator of any U.S. vessel that has an overall length
of 26 feet (7.9 meters) or
[[Page 13006]]
greater shall keep an accurate log of all halibut fishing operations
including the date, locality, amount of gear used, and total weight
of halibut taken daily in each locality. The log information must be
recorded in the groundfish daily fishing logbook provided by NMFS,
or Alaska hook-and-line logbook provided by Petersburg Vessels Owner
Association or Alaska Longline Fishermen's Association, or the
logbook provided by IPHC.
(2) The log referred to in paragraph (1) shall be
(a) Maintained on board the vessel;
(b) Updated not later than 24 hours after midnight local time
for each day fished and prior to the offloading or sale of halibut
taken during that fishing period;
(c) Retained for a period of two years by the owner or operator
of the vessel;
(d) Open to inspection by an authorized officer or any
authorized representative of the Commission upon demand; and
(e) Kept on board the vessel when engaged in halibut fishing,
during transits to port of landing, and for 5 days following
offloading halibut.
(3) The log referred to in paragraph (1) does not apply to the
incidental halibut fishery in Area 2A defined in paragraph (3) of
section 8.
(4) The operator of any Canadian vessel shall keep an accurate
log of all halibut fishing operations including the date, locality,
amount of gear used, and total weight of halibut taken daily in each
locality. The log information must be recorded in the British
Columbia Halibut Fishery logbook provide by the Department of
Fisheries and Oceans (DFO).
(5) The log referred to in paragraph (4) shall be:
(a) Maintained on board the vessel;
(b) Updated not later than 24 hours after midnight local time
for each day fished and prior to the offloading or sale of halibut
taken during that fishing period;
(c) Retained for a period of 2 years by the owner or operator of
the vessel;
(d) Open to inspection by an authorized officer or any
authorized representative of the Commission upon demand;
(e) Kept on board the vessel when engaged in halibut fishing,
during transits to port of landing, and for 5 days following
offloading halibut; and
(f) Within 7 days of offloading the yellow copy be mailed to the
DFO and the white copy be mailed to IPHC.
(6) The poundage of any halibut that is not sold, but is
utilized by the vessel operator, his/her crew members, or any other
person for personal use, shall be recorded in the vessel's log
within 24-hours of offloading.
(7) No person shall make a false entry in a log referred to in
this section.
17. Receipt and Possession of Halibut
(1) No person shall receive halibut from a United States vessel
that does not have on board the license required by section 3.
(2) No person shall offload halibut from a vessel unless the
gills and entrails have been removed prior to offloading.
(3) A commercial fish processor in the United States who
purchases or receives halibut directly from the owner or operator of
a vessel that was engaged in halibut fishing must weigh and record
all halibut on board said vessel at the time offloading commences
and record on State fish tickets or Federal catch reports the date,
locality, name of vessel, Halibut Commission license number (for
Area 2A), the name(s) of the person(s) from whom the halibut was
purchased; and the scale weight obtained at the time of offloading
of all halibut on board the vessel including the pounds purchased;
pounds in excess of IFQs, IVQs, or fishing period limits; pounds
retained for personal use; and pounds discarded as unfit for human
consumption.
(4) The master or operator of a Canadian vessel that was engaged
in halibut fishing must weigh and record all halibut on board said
vessel at the time offloading commences and record on State fish
tickets or Federal catch reports the date, locality, name of vessel,
the name(s) of the person(s) from whom the halibut was purchased;
and the scale weight obtained at the time of offloading of all
halibut on board the vessel including the pounds purchased; pounds
in excess of IVQs; pounds retained for personal use; and pounds
discarded as unfit for human consumption.
(5) No person shall make a false entry on a State fish ticket or
a Federal catch or landing report referred to in paragraph (3) and
(4).
(6) A copy of the fish tickets or catch reports referred to in
paragraph (3) and (4) shall be:
(a) Retained by the person making them for a period of three
years from the date the fish tickets or catch reports are made; and
(b) Open to inspection by an authorized officer or any
authorized representative of the Commission.
(7) No person shall possess any halibut that he/she knows to
have been taken in contravention of these Regulations.
(8) When halibut are delivered to other than a commercial fish
processor the records required by paragraph (3) shall be maintained
by the operator of the vessel from which that halibut was caught, in
compliance with paragraph (6).
(9) It shall be unlawful to enter a Halibut Commission license
number on a State fish ticket for any vessel other than the vessel
actually used in catching the halibut reported thereon.
18. Fishing Multiple Regulatory Areas
(1) Except as provided in this section, no person shall possess
at the same time on board a vessel halibut caught in more than one
regulatory area.
(2) Halibut caught in Regulatory Areas 2C, 3A, and 3B may be
possessed on board a vessel at the same time providing the operator
of the vessel:
(a) Has a NMFS-certified observer on board when required by NMFS
regulations published at Title 50, Code of Federal Regulations,
section 679.7(f)(4); and
(b) Can identify the regulatory area in which each halibut on
board was caught by separating halibut from different areas in the
hold, tagging halibut, or by other means.
(3) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be
possessed on board a vessel at the same time providing the operator
of the vessel:
(a) Has a NMFS-certified observer on board the vessel when
halibut caught in different regulatory areas are on board; and
(b) Can identify the regulatory area in which each halibut on
board was caught by separating halibut from different areas in the
hold, tagging halibut, or by other means.
(4) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be
possessed on board a vessel when in compliance with paragraph (3)
and if halibut from Area 4 are on board the vessel, the vessel can
have halibut caught in Regulatory Areas 2C, 3A, and 3B on board if
in compliance with paragraph (2).
19. Fishing Gear
(1) No person shall fish for halibut using any gear other than
hook and line gear.
(2) No person shall possess halibut taken with any gear other
than hook and line gear.
(3) No person shall possess halibut while on board a vessel
carrying any trawl nets or fishing pots capable of catching halibut.
(4) All setline or skate marker buoys carried on board or used
by any United States vessel used for halibut fishing shall be marked
with one of the following:
(a) The vessel's name;
(b) The vessel's state license number; or
(c) The vessel's registration number.
(5) The markings specified in paragraph (4) shall be in
characters at least 4 inches in height and one-half inch in width in
a contrasting color visible above the water and shall be maintained
in legible condition.
(6) All setline or skate marker buoys carried on board or used
by a Canadian vessel used for halibut fishing shall be:
(a) Floating and visible on the surface of the water; and
(b) Legibly marked with the identification plate number of the
vessel engaged in commercial fishing from which that setline is
being operated.
(7) No person on board a vessel from which setline gear was used
to fish for any species of fish anywhere in Area 2A during the 72-
hour period immediately before the opening of a halibut fishing
period shall catch or possess halibut anywhere in those waters
during that halibut fishing period.
(8) No vessel from which setline gear was used to fish for any
species of fish anywhere in Area 2A during the 72-hour period
immediately before the opening of a halibut fishing period may be
used to catch or possess halibut anywhere in those waters during
that halibut fishing period.
(9) No person on board a vessel from which setline gear was used
to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B,
4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before
the opening of the halibut fishing season shall catch or possess
halibut anywhere in those areas until the vessel has removed all of
its setline gear from the water and has either:
(a) Made a landing and completely offloaded its entire catch of
other fish; or
(b) Submitted to a hold inspection by an authorized officer.
(10) No vessel from which setline gear was used to fish for any
species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or
[[Page 13007]]
4E during the 72-hour period immediately before the opening of the
halibut fishing season may be used to catch or possess halibut
anywhere in those areas until the vessel has removed all of its
setline gear from the water and has either:
(a) Made a landing and completely offloaded its entire catch of
other fish; or
(b) Submitted to a hold inspection by an authorized officer.
(11) Notwithstanding any other provision in these regulations, a
person may retain and possess, but not sell or barter halibut taken
with trawl gear only as authorized by NMFS' Prohibited Species
Donation regulations.
20. Retention of Tagged Halibut
(1) Nothing contained in these Regulations prohibits any vessel
at any time from retaining and landing a halibut that bears a
Commission tag at the time of capture, if the halibut with the tag
still attached is reported at the time of landing and made available
for examination by a representative of the Commission or by an
authorized officer.
(2) After examination and removal of the tag by a representative
of the Commission or an authorized officer, the halibut
(a) May be retained for personal use; or
(b) May be sold if it complies with the provisions of section
13, Size Limits.
21. Supervision of Unloading and Weighing
The unloading and weighing of halibut may be subject to the
supervision of authorized officers to assure the fulfillment of the
provisions of these Regulations.
22. Fishing by United States Treaty Indian Tribes
(1) Halibut fishing in subarea 2A-1 by members of United States
treaty Indian tribes located in the State of Washington shall be
regulated under regulations promulgated by NMFS and published in the
Federal Register.
(2) Subarea 2A-1 includes all waters off the coast of Washington
that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00''
W. long., and all inland marine waters of Washington.
(3) Commercial fishing for halibut in subarea 2A-1 is permitted
with hook and line gear from March 15 through November 15, or until
272,000 lb (123.4 mt) is taken, whichever occurs first.
(4) Ceremonial and subsistence fishing for halibut in subarea
2A-1 is permitted with hook and line gear from January 1 through
December 31, and is estimated to take 15,000 lb (6.8 mt).
23. Sport Fishing for Halibut
(1) No person shall engage in sport fishing for halibut using
gear other than a single line with no more than two hooks attached;
or a spear.
(2) In all waters off Alaska:
(a) The sport fishing season is from February 1 to December 31;
(b) The daily bag limit is two halibut of any size per day per
person.
(3) In all waters off British Columbia:
(a) The sport fishing season is from February 1 to December 31;
(b) The daily bag limit is two halibut of any size per day per
person.
(4) In all waters off California, Oregon, and Washington:
(a) The total allowable catch of halibut shall be limited to
195,078 lb (88.5 mt) in waters off Washington and 168,961 lb (76.6
mt) in waters off California and Oregon;
(b) The sport fishing subareas, subquotas, fishing dates, and
daily bag limits are as follows, except as modified under the
inseason actions in Section 24. All sport fishing in Area 2A (except
for fish caught in the North Washington coast area and landed into
Neah Bay) is managed on a ``port of landing'' basis, whereby any
halibut landed into a port counts toward the quota for the area in
which that port is located, and the regulations governing the area
of landing apply, regardless of the specific area of catch.
(i) In Puget Sound and the U.S. waters in the Strait of Juan de
Fuca, east of a line from the lighthouse on Bonilla Point on
Vancouver Island, British Columbia (48 deg.35'44'' N. lat.,
124 deg.43'00'' W. long.) to the buoy adjacent to Duntze Rock
(48 deg.24'55'' N. lat., 124 deg.44'50'' W. long.) to Tatoosh Island
lighthouse (48 deg.23'30'' N. lat., 124 deg.44'00'' W. long.) to
Cape Flattery (48 deg.22 deg.55'' N. lat., 124 deg.43'42'' W.
long.), there is no quota. This area is managed by setting a season
that is projected to result in a catch of 57,191 lb (25.9 mt).
(A) The fishing season is May 22 through August 3, 5 days a week
(Thursday through Monday).
(B) The daily bag limit is one halibut of any size per day per
person.
(ii) In the area off the north Washington coast, west of the
line described in paragraph (d)(2)(i) of this section and north of
the Queets River (47 deg.3'42'' N. lat.), the quota for landings
into ports in this area is 96,052 lb (43.6 mt). Landings into Neah
Bay of halibut caught in this area will be governed by this
paragraph.
(A) The fishing seasons are:
(1) Commencing May 1 and continuing 5 days a week (Tuesday
through Saturday) until 81,052 lb (36.8 mt) are estimated to have
been taken and the season is closed by the Commission, or until June
30, whichever occurs first.
(2) Commencing July 1 and continuing 5 days a week (Tuesday
through Saturday) until the overall area quota of 96,052 lb (43.6
mt) are estimated to have been taken and the area is closed by the
Commission, or until September 30, whichever occurs first.
(B) The daily bag limit is one halibut of any size per day per
person.
(C) A portion of this area about 19 nm (35 km) southwest of Cape
Flattery is closed to sport fishing for halibut. The closed area is
within a rectangle defined by these four corners: 48 deg.18'00'' N.
lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat.,
124 deg.59'00'' W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W.
long.; and, 48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.
(iii) In the area between the Queets River, WA and Leadbetter
Point, WA (46 deg.38'10'' N. lat.), the quota for landings into
ports in this area is 36,648 lb (16.6 mt).
(A) The fishing season commences on May 3 and continues 5 days a
week (Sunday through Thursday) until 35,648 lb (16.1 mt) are
estimated to have been taken and the season is closed by the
Commission. Immediately following this closure, the season reopens
in the area from the Queets River south to 47 deg.00'00'' N. lat.
and east of 124 deg.40'00'' W. long. and continues every day until
36,648 lb (16.6 mt) are estimated to have been taken and the area is
closed by the Commission, or until September 30, whichever occurs
first.
(B) The daily bag limit is one halibut of any size per day per
person.
(C) The northern offshore portion of this area west of
124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. is
closed to sport fishing for halibut.
(iv) In the area between Leadbetter Point, WA and Cape Falcon,
OR (45 deg.46'00'' N. lat.), the quota for landings into ports in
this area is 8,565 lb (3.9 mt).
(A) The fishing season commences on May 1, and continues every
day through September 30, or until 8,565 lb (3.9 mt) are estimated
to have been taken and the area is closed by the Commission,
whichever occurs first.
(B) The daily bag limit is one halibut with a minimum overall
size limit of 32 inches (81.3 cm).
(v) In the area off Oregon between Cape Falcon and the Siuslaw
River at the Florence north jetty (44 deg.01'08'' N. lat.), the
quota for landings into ports in this area is 149,362 lb (67.8 mt).
(A) The fishing seasons are:
(1) The first season is open on May 14, 15, 16, 21, 22, and 23.
The projected catch for this season is 101,566 lb (46.1 mt). Any
poundage remaining unharvested will be added to the August season.
(2) The second season commences May 24 and continues every day
through August 6, in the area inside the 30-fathom (55 m) curve
nearest to the coastline as plotted on National Ocean Service charts
numbered 18520, 18580, and 18600, or until 10,455 lb (4.7 mt) or the
subarea quota is estimated to have been taken and the season is
closed by the Commission, whichever is earlier.
(3) The third season is open on August 7 or until the combined
quotas for the subareas described in paragraphs (v) and (vi) of this
section totaling 161,189 lb (73.1 mt) are estimated to have been
taken and the area is closed by the Commission, whichever is
earlier. If the harvest during this opening does not achieve the
161,189 lb (73.1 mt) quota, the season will reopen. If the amount of
unharvested catch available is sufficient for an additional day of
all-depth fishing, the reopening date will be announced inseason on
the NMFS hotline (206) 526-6667 or (800) 662-9825. If the amount of
unharvested catch available is not sufficient for an additional day
of all-depth fishing, a reopening of the fishery will be announced
on the NMFS hotline for the area inside the 30-fathom curve (55 m)
which will continue for 7 days per week until the quota is taken or
September 30, whichever is earlier. No halibut fishing will be
allowed after August 7 unless the opening is announced on the NMFS
hotline.
(B) The daily bag limit is two halibut, one with a minimum
overall size limit of 32 inches (81.3 cm) and the second with a
minimum overall size limit of 50 inches (127.0 cm).
(vi) In the area off Oregon between the Siuslaw River at the
Florence north jetty and
[[Page 13008]]
the California border (42 deg.00'00'' N. lat.), the quota for
landings into ports in this area is 11,827 lb (5.4 mt).
(A) The fishing seasons are:
(1) The first season is open on May 14, 15, 16, 21, 22 and 23.
The projected catch for this season is 9,462 lb (4.3 mt). If
sufficient unharvested catch remains for an additional day's
fishing, the season will reopen. Dependent on the amount of
unharvested catch available, the season reopening dates will be June
13, then June 12, then June 20, and then June 19. If a decision is
made inseason by NMFS to allow fishing on one or more of these
additional dates, notice of the opening will be announced on the
NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut fishing
will be allowed on the additional dates unless the opening date is
announced on the NMFS hotline.
(2) The second season commences May 24 and continues every day
through August 6, in the area inside the 30-fathom (55 m) curve
nearest to the coastline as plotted on National Ocean Service charts
numbered 18520, 18580, and 18600, or until 2,365 lb (1.1 mt) or the
subarea quota is estimated to have been taken and the season is
closed by the Commission, whichever is earlier.
(3) The third season is open on August 7 or until the combined
quotas for the subareas described in paragraphs (v) and (vi) of this
section totaling 161,189 lb (73.1 mt) are estimated to have been
taken and the area is closed by the Commission, whichever is
earlier. If the harvest during this opening does not achieve the
161,189 lb (73.1 mt) quota, the season will reopen. If the amount of
unharvested catch available is sufficient for an additional day of
all-depth fishing, the reopening date will be announced inseason on
the NMFS hotline (206) 526-6667 or (800) 662-9825. If the amount of
unharvested catch available is not sufficient for an additional day
of all-depth fishing, a reopening of the fishery will be announced
on the NMFS hotline for the area inside the 30-fathom curve (55 m)
which will continue for 7 days per week until the quota is taken or
September 30, whichever is earlier. No halibut fishing will be
allowed after August 7 unless the opening is announced on the NMFS
hotline.
(B) The daily bag limit is two halibut, one with a minimum
overall size limit of 32 inches (81.3 cm) and the second with a
minimum overall size limit of 50 inches (127.0 cm).
(vii) In the area off the California coast, there is no quota.
This area is managed on a season that is projected to result in a
catch of less than 4,393 lb (2.0 mt).
(A) The fishing season will commence on May 1 and continue every
day through September 30.
(B) The daily bag limit is one halibut with a minimum overall
size limit of 32 inches (81.3 cm).
(c) The Commission shall determine and announce closing dates to
the public for any area in which the subquotas in this Section are
estimated to have been taken.
(d) When the Commission has determined that a subquota under
paragraph (4)(b) of this section is estimated to have been taken,
and has announced a date on which the season will close, no person
shall sport fish for halibut in that area after that date for the
rest of the year, unless a reopening of that area for sport halibut
fishing is scheduled in accordance with the Catch Sharing Plan for
Area 2A, or announced by the Commission.
(5) Any minimum overall size limit promulgated under IPHC or
NMFS regulations shall be measured in a straight line passing over
the pectoral fin from the tip of the lower jaw with the mouth
closed, to the extreme end of the middle of the tail.
(6) No person shall fillet, mutilate, or otherwise disfigure a
halibut in any manner that prevents the determination of minimum
size or the number of fish caught, possessed, or landed.
(7) The possession limit for halibut in the waters off the coast
of Alaska is two daily bag limits.
(8) The possession limit for halibut in the waters off the coast
of British Columbia is three halibut
(9) The possession limit for halibut in the waters off
Washington, Oregon, and California is the same as the daily bag
limit.
(10) The possession limit for halibut on land in Area 2A north
of Cape Falcon, OR is two daily bag limits.
(11) The possession limit for halibut on land in Area 2A south
of Cape Falcon, OR is one daily bag limit.
(12) Any halibut brought aboard a vessel and not immediately
returned to the sea with a minimum of injury will be included in the
daily bag limit of the person catching the halibut.
(13) No person shall be in possession of halibut on a vessel
while fishing in a closed area.
(14) No halibut caught by sport fishing shall be offered for
sale, sold, traded, or bartered.
(15) No halibut caught in sport fishing shall be possessed on
board a vessel when other fish or shellfish aboard the said vessel
are destined for commercial use, sale, trade, or barter.
(16) The operator of a charter vessel shall be liable for any
violations of these regulations committed by a passenger aboard said
vessel.
24. Flexible Inseason Management Provisions in Area 2A
(1) The Regional Administrator, NMFS Northwest Region, after
consultation with the Chairman of the Pacific Fishery Management
Council, the Commission Executive Director, and the Fisheries
Director(s) of the affected state(s), is authorized to modify
regulations during the season after making the following
determinations.
(A) The action is necessary to allow allocation objectives to be
met.
(B) The action will not result in exceeding the catch limit for
the area.
(C) If any of the sport fishery subareas north of Cape Falcon,
OR are not projected to utilize their respective quotas by September
30, NMFS may take inseason action to transfer any projected unused
quota to a Washington sport subarea projected to have the fewest
number of sport fishing days in the calendar year.
(2) Flexible inseason management provisions include, but are not
limited to, the following:
(A) Modification of sport fishing periods;
(B) Modification of sport fishing bag limits;
(C) Modification of sport fishing size limits; and
(D) Modification of sport fishing days per calendar week.
(3) Notice procedures.
(A) Actions taken under this section will be published in the
Federal Register.
(B) Actual notice of inseason management actions will be
provided by a telephone hotline administered by the Northwest
Region, NMFS, at 206-526-6667 or 800-662-9825 (May through
September) and by U.S. Coast Guard broadcasts. These broadcasts are
announced on Channel 16 VHF-FM and 2182 kHz at frequent intervals.
The announcements designate the channel or frequency over which the
notice to mariners will be immediately broadcast. Since provisions
of these regulations may be altered by inseason actions, sport
fishers should monitor either the telephone hotline or U.S. Coast
Guard broadcasts for current information for the area in which they
are fishing.
(4) Effective dates.
(A) Any action issued under this section is effective on the
date specified in the publication or at the time that the action is
filed for public inspection with the Office of the Federal Register,
whichever is later.
(B) If time allows, NMFS will invite public comment prior to the
effective date of any inseason action filed with the Federal
Register. If the Regional Administrator determines, for good cause,
that an inseason action must be filed without affording a prior
opportunity for public comment, public comments will be received for
a period of 15 days after publication of the action in the Federal
Register.
(C) Any inseason action issued under this section will remain in
effect until the stated expiration date or until rescinded,
modified, or superseded. However, no inseason action has any effect
beyond the end of the calendar year in which it is issued.
(5) Availability of data. The Regional Administrator will
compile, in aggregate form, all data and other information relevant
to the action being taken and will make them available for public
review during normal office hours at the Northwest Regional Office,
NMFS, Sustainable Fisheries Division, 7600 Sand Point Way NE,
Seattle, WA.
25. Fishery Election in Area 2A
(1) A vessel that fishes in Area 2A may participate in only one
of the following three fisheries in Area 2A:
(a) The sport fishery under Section 23;
(b) The commercial directed fishery for halibut during the
fishing period(s) established in Section 8; or
(c) The incidental catch fishery during the salmon troll fishery
as authorized in Section 8.
(2) No person shall fish for halibut in the sport fishery in
Area 2A under Section 23 from a vessel that has been used during the
same calendar year for commercial halibut fishing in Area 2A or that
has been issued a
[[Page 13009]]
permit for the same calendar year for the commercial halibut fishery
in Area 2A.
(3) No person shall fish for halibut in the directed halibut
fishery in Area 2A during the fishing periods established in Section
8 from a vessel that has been used during the same calendar year for
the incidental catch fishery during the salmon troll fishery as
authorized in Section 8.
(4) No person shall fish for halibut in the directed commercial
halibut fishery in Area 2A from a vessel that, during the same
calendar year, has been used in the sport halibut fishery in Area 2A
or that is licensed for the sport halibut fishery in Area 2A.
(5) No person shall retain halibut in the salmon troll fishery
in Area 2A as authorized under Section 8 taken on a vessel that,
during the same calendar year, has been used in the sport halibut
fishery in Area 2A, or that is licensed for the sport halibut
fishery in Area 2A.
(6) No person shall retain halibut in the salmon troll fishery
in Area 2A as authorized under Section 8 taken on a vessel that,
during the same calendar year, has been used in the directed
commercial fishery during the fishing periods established in Section
8 for Area 2A or that is licensed to participate in the directed
commercial fishery during the fishing periods established in Section
8 in Area 2A.
26. Previous Regulations Superseded
These regulations shall supersede all previous regulations of
the Commission, and these regulations shall be effective each
succeeding year until superseded.
Classification
IPHC Regulations
Because approval by the Secretary of State of the IPHC regulations
is a foreign affairs function, Jensen v. National Marine Fisheries
Service, 512 F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553 does not apply to
this notice of the effectiveness and content of the IPHC regulations.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable.
Catch Sharing Plan for Area 2A
An Environmental Assessment/Regulatory Impact Review was prepared
on the proposed changes to the Plan. NMFS has determined that the
proposed changes to the plan and the implementing management measures
contained in and implemented by the IPHS regulations will not
significantly affect the quality of the human environment, and the
preparation of an environmental impact statement on the final action is
not required by section 102(2)(C) of the National Environmental Policy
Act or its implementing regulations. At the proposed rule state, the
Assistant General Counsel for Legislation and Regulation, Department of
Commerce, certified to the Chief Counsel for Advocacy of the Small
Business Administration that this action will not have a significant
economic impact on a substantial number of small entities. No comments
were received on this certification. Consequently, no regulatory
flexibility analysis has been prepared. This action has been determined
to be not significant for purposes of E.O. 12866.
Catch Sharing Plan for Areas 4C, 4D, and 4E
At the proposed rule stage, the Assistant General Counsel for
Legislation and Regulation, Department of Commerce, certified to the
Chief Counsel for Advocacy of the Small Business Administration that
this revision of the CSP would not have a significant economic impact
on a substantial number of small entities. No comments were received on
this certification. Consequently, no regulatory flexibility analysis
was prepared. This action has been determined to be not significant for
purposes of E.O. 12866. The revision to CFR 300.63(b) made by this rule
is not substantive in that it merely revises the description of the
contents of the CSP to reflect that the Council no longer allocates for
subareas 4A and 4B. Accordingly, it is not subject to a delay in
effective date.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Authority: 16 U.S.C. 773-773k.
Dated: March 12, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 300 is amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for part 300, subpart E, continues to
read as follows:
Authority: 16 U.S.C. 773-773k.
2. In Sec. 300.63, paragraph (b) is revised to read as follows:
Sec. 300.63 Catch sharing plans and domestic management measures.
* * * * *
(b) The catch sharing plan for area 4 allocates the annual TAC
among Areas 4C, 4D, and 4E, and will be implemented by the Commission
in annual management measures published pursuant to Sec. 300.62.
[FR Doc. 98-6854 Filed 3-12-98; 4:01 pm]
BILLING CODE 3510-22-P
