[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Rules and Regulations]
[Pages 12759-12767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6755]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 961217359-7050-02; I.D. 121196B]
RIN 0648-AJ11
Pacific Halibut Fisheries; Catch Sharing Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Annual management measures 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 implementing regulations for
1997. These actions are intended to enhance the conservation of Pacific
halibut stocks in order to help rebuild and sustain them at an adequate
level in the northern Pacific Ocean and Bering Sea.
EFFECTIVE DATE: March 15, 1997.
ADDRESSES: NMFS Alaska Region, 709 W. 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 1997, 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, D.C., 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 section 300.62, the approved IPHC regulations setting forth
the 1997 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 27-30, 1997, in
Victoria, British Columbia, and adopted regulations for 1997. The
substantive changes to the previous IPHC regulations (61 FR 11337,
March 20, 1996) include: (1) New catch limits for all areas; (2)
elimination of the commercial IPHC license requirement for U.S. vessels
fishing in Alaska; (3) allowance for possessing halibut from multiple
fishing areas onboard the vessel under specified conditions; (4)
elimination of the requirement to maintain halibut log information
separate from other records onboard the vessel; and (5) opening dates
for the Area 2A commercial directed fishery.
In addition, this action implements Catch Sharing Plans (Plans) for
regulatory Areas 2A and 4. 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 Halibut Convention (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 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). 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 3 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 2 sectors; a directed (traditional
longline) commercial fishery that is allocated 85 percent of the non-
Indian commercial harvest, and 15 percent for harvests of halibut
caught incidental to the salmon troll fishery. The directed commercial
fishery in Area 2A is confined to southern Washington (south of
46 deg.5'18'' 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 1997, PFMC recommended changes to the Plan to restructure the
May and August seasons in the Oregon Central Coast subarea sport
fishery (Cape Falcon to Florence north jetty) from a quota managed to a
fixed-length season fishery. A complete description of the PFMC
recommended changes to the Plan and implementing regulations was
published in the Federal Register on January 3, 1997 (62 FR 382) with a
request for public comments. No comments were received on the proposed
changes to the Plan, and
[[Page 12760]]
NMFS hereby approves the changes to the Plan.
The Plan for the Oregon sport fisheries is modified to read as
follows:
Oregon Central Coast Subarea
If the Area 2A TAC is 388,350 lb (176.2 mt) and greater, this
subarea extends from Cape Falcon to the Siuslaw River at the
Florence north jetty (44 deg.0'08'' N. lat.) and is allocated 88.4
percent of the Oregon/California sport allocation, which is 18.21
percent of the Area 2A TAC. If the Area 2A TAC is less than 388,350
lb (176.2 mt), this subarea extends from Cape Falcon to the
California border and is allocated 95.4 percent of the Oregon/
California sport allocation. The structuring objectives for this
subarea are to provide two fixed-length periods of fishing
opportunity in May and in August in productive deeper water areas
along the coast, principally for charterboat and larger private boat
anglers, and provide a period of fishing opportunity in the summer
for nearshore waters for small boat anglers. Fixed-length seasons
will be established preseason for the May and August openings and
will not be modified inseason. The average catch per day observed in
the previous 3 years in May and August will be used to estimate the
number of open days for each fixed season. ODFW will monitor
landings and provide a post-season estimate of catch within 2 weeks
of the end of the fixed season. If sufficient catch remains for an
additional day of fishing after the May season or the August season,
openings will be provided in May and August respectively. Potential
additional open dates for both the May and August seasons will be
announced preseason. If a decision is made inseason 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 has been announced on the NMFS hotline. Any
poundage remaining unharvested in the subquotas from earlier seasons
will be added to the next season. The daily bag limit for all
seasons is two halibut per person, one with a minimum 32-inch (81.3-
cm) size limit and the second with a minimum 50-inch (127.0 cm) size
limit. ODFW will sponsor a public workshop shortly after the IPHC
annual meeting to develop recommendations to NMFS on the opening
dates for each season each year. The three seasons for this subarea
are as follows.
1. The first season is an all-depth fishery that begins in mid-
May and is allocated 68 percent of the subarea quota. Fixed season
dates will be established preseason based on projected catch per day
and number of days to achievement of the subquota for this first
season. No inseason adjustments will be made, except that additional
opening days (established preseason) may be allowed if any quota for
this season remains unharvested. The fishery will be open 2 days per
week (Friday and Saturday) if the season is for 4 or fewer fishing
days. The fishery will be open 3 days per week (Thursday through
Saturday) if the season is for 5 or more fishing days.
2. The second season opens the day following closure of the
first season, only in waters inside the 30-fathom (55 m) curve, and
continues daily until 7 percent of the subarea quota is taken, or
until early August, whichever is earlier.
3. The last season is a coastwide (Cape Falcon to Oregon/
California border) all-depth fishery that begins in early August and
is allocated 25 percent of the subarea quota. Fixed season dates
will be established preseason based on projected catch per day and
number of days to achievement of the combined Oregon subarea quotas
south of Cape Falcon. No inseason adjustments will be made, except
that additional opening days (established preseason) may be allowed
if quota remains unharvested. The fishery will be open 2 days per
week (Friday and Saturday).
Oregon South Coast Subarea
If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this
subarea extends from the Siuslaw River at the Florence north jetty
(44 deg.01'08'' N. lat.) to the California border (42 deg.00'00'' N.
lat.) and is allocated 7.0 percent of the Oregon/California sport
allocation, which is 1.44 percent of the Area 2A TAC. If the Area 2A
TAC is less than 388,350 lb (176.2 mt), this subarea will be
included in the Oregon Central Coast subarea. The structuring
objective for this subarea is to create a south coast management
zone designed to accommodate the needs of both charterboat and
private boat anglers in this area where weather and bar crossing
conditions very often do not allow scheduled fishing trips. The
first and second seasons will be managed for a quota, and a fixed-
length season will be established preseason for the August coastwide
season (Cape Falcon to Oregon/California border). The average catch
per day observed in the previous 3 years fisheries in August will be
used to estimate the number of days for the fixed season. Additional
open dates may be allowed after the August fixed-length season if
sufficient quota remains for an additional day of fishing. Potential
additional open dates will be announced preseason. If a decision is
made inseason 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 has been announced
on the NMFS hotline. Any poundage remaining unharvested in the
subquotas from earlier seasons will be added to the next season. The
daily bag limit for all seasons is two halibut per person, one with
a minimum 32-inch (81.3 cm) size limit and the second with a minimum
50-inch (127.0 cm) size limit. ODFW will sponsor a public workshop
shortly after the IPHC annual meeting to develop recommendations to
NMFS on the opening dates for each season each year. The three
seasons for this subarea are as follows:
1. The first season is an all-depth fishery that begins in May
and continues at least 3 days per week (dependent on TAC) until 80
percent of the subarea quota is taken.
2. The second season opens the day following closure of the
first season, only in waters inside the 30-fathom (55 m) curve, and
continues daily until the subarea quota is estimated to have been
taken, or early August, whichever is earlier.
3. The last season is a coastwide (Cape Falcon to Oregon/
California border) all-depth fishery that begins in early August.
Fixed season dates will be established preseason based on projected
catch per day and number of days to achievement of the combined
Oregon subarea quotas south of Cape Falcon. No inseason adjustments
will be made, except that additional opening days (established
preseason) may be allowed if quota remains unharvested. The fishery
will be open 2 days per week (Friday and Saturday).
Copies of the complete Plan for Area 2A as modified are available
from the NMFS Northwest Regional Office (see ADDRESSES).
In accordance with the Plan, the Oregon Department of Fish and
Wildlife (ODFW) and the Washington Department of Fish and Wildlife
(WDFW) held public workshops (after the IPHC set the Area 2A quota) on
February 3 and 4, 1997, respectively, to develop recommendations on the
opening dates and weekly structure of the sport fisheries. ODFW and
WDFW sent NMFS a letter on February 7 and 11, 1997, respectively,
advising on the outcome of the workshop and provided recommendations on
the opening dates and season structure for the sport fisheries in the
Washington inside waters area, the Washington north coast area, the
Oregon central coast area, and the Oregon south coast area. The
seasonal structuring of the sport fisheries in other areas are
stipulated in the Plan. NMFS has approved the recommended opening dates
and season structuring provided by ODFW and WDFW and implemented the
sport fishery structuring established in the Plan for 1997 as described
herein.
Catch Sharing Plan for Area 4
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 adopted by the Secretary and first implemented in 1996
(61 FR 11337, March 20, 1996) and remains in effect until amended by
action of the NPFMC. No changes were recommended by the Council for
1997. The 1997 catch limits established by the IPHC for the Area 4
subareas, and published at section 10 of the following regulations, are
consistent with the Plan.
The 1997 Pacific halibut fishery regulations are identical to those
recommended by the IPHC and approved by the Secretary of State as
follows.
[[Page 12761]]
1997 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 7 or the incidental catch fishery during the salmon
troll fishery specified in paragraph (3) of section 7, but not both.
(4) No person shall fish for halibut from a vessel used as a
charter vessel, nor possess halibut on board such vessel, unless the
Commission has issued a license valid for fishing in Area 2B in
respect of that vessel.
(5) No person shall fish for halibut from a vessel, nor possess
halibut on board a vessel, used as a charter vessel in Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E, unless the Commission has issued a
license valid for fishing in those areas in respect of that vessel.
(6) A license issued in respect of a vessel referred to in
paragraphs (1), (4), and (5) of this section must be carried on
board that vessel at all times and the vessel operator shall permit
its inspection by any authorized officer.
(7) 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.
(8) 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.
(9) 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.
(10) Application forms may be obtained from any authorized
officer or from the Commission.
(11) Information on ``Application for Vessel License for the
Halibut Fishery'' form must be accurate.
(12) The ``Application for Vessel License for the Halibut
Fishery'' form shall be completed and signed by the vessel owner.
(13) Licenses issued under this section shall be valid only
during the year in which they are issued.
(14) A new license is required for a vessel that is sold,
transferred, renamed, or re-documented.
(15) The license required under this section is in addition to
any license, however designated, that is required under the laws of
Canada or any of its Provinces or the United States or any of its
States.
(16) 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) Recreational 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 in-season 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.
(2) Sections 6 to 20 apply to commercial fishing for halibut.
(3) Section 21 applies to the United States treaty Indian tribal
fishery in Area 2A-1.
(4) Section 22 applies to sport fishing for halibut.
(5) Sections 23 and 24 apply to fishing in Area 2A.
(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;
[[Page 12762]]
(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.17'17'' 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 9 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 9 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 9, east of
168 deg.00'00'' W. long., and south of 65 deg.34'00'' N. lat.
7. 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 8, July 22, August 5, August 19,
September 2, and September 16 unless the Commission specifies
otherwise.
(3) Notwithstanding paragraph (2), and paragraph (7) of section
10, 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.
8. 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 7 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 18,
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) of this section, 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) of this section.
(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.
9. Closed Area
(1) All waters in the Bering Sea north of 54 deg.49'00'' 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.
(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.
10. Catch Limits
(1) The total allowable catch of halibut to be taken during the
halibut fishing periods specified in section 7 shall be limited to
the weight expressed in pounds or metric tons shown in the following
table:
------------------------------------------------------------------------
Catch limits
Regulatory area -------------------------
Pounds Metric tons
------------------------------------------------------------------------
2A............................................ 144,235 65
2B............................................ 12,500,000 5,669
2C............................................ 10,000,000 4,535
3A............................................ 25,000,000 11,338
3B............................................ 9,000,000 4,082
4A............................................ 2,940,000 1,333
4B............................................ 3,480,000 1,578
4C............................................ 1,160,000 526
4D............................................ 1,160,000 526
4E............................................ 260,000 118
------------------------------------------------------------------------
(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 7 and an incidental
halibut catch fishery during the salmon troll fishery in Area 2A
described in paragraph 3 of Section 7. In season 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 122,600
lb (55.6 mt).
(b) The catch limit in the incidental catch fishery during the
salmon troll fishery is 21,635 lb (9.8 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 7,
the catch limit for that area shall be considered to have been taken
unless fishing period limits are implemented.
(7) When under paragraphs (3) or (6) of this section the
Commission has announced a date on 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.
11. 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
[[Page 12763]]
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 7.
12. 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 the schedule; 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 the schedule.
(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.
13. 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.
14. 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 17 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 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 9, is exempt
from the clearance requirements of paragraph (1).
15. Logs
(1) The operator of any vessel that has an overall length of 26
feet (7.9 meters) or 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 can be recorded in the groundfish daily fishing logbooks
provided by NMFS.
(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 five (5) days following
offloading halibut.
(3) The poundage of any halibut that is not sold, but is
utilized by the vessel operator,
[[Page 12764]]
his/her crew members, or any other person for personal use, shall be
recorded in the vessel's log within 24-hours of offloading.
(4) No person shall make a false entry in a log referred to in
this section.
16. 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 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 (United States), 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) No person shall make a false entry on a State fish ticket or
a Federal catch or landing report referred to in paragraph (3).
(5) A copy of the fish tickets or catch reports referred to in
paragraph (3) 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.
(6) No person shall possess any halibut that he/she knows to
have been taken in contravention of these Regulations.
(7) 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 (5).
(8) 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.
17. 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).
18. 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 four 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
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.
19. 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
12, Size Limits.
20. 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.
21. 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 is governed
by these regulations and 50 CFR 300.64.
(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 by treaty Indians is
permitted only in subarea 2A-1 with hook-and-line gear from March 15
through November 15, or until 230,000 pounds (104.3 mt) is taken,
whichever occurs first.
(4) Ceremonial and subsistence fishing for halibut by treaty
Indians in subarea 2A-1 is permitted with hook-and-line gear from
January 1 through December 31, and is estimated to take 15,000
pounds (6.8 mt).
22. 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
166,530 lb (75.5 mt) in waters off Washington and 144,235 lb (65.4
mt) in waters off Oregon and California;
[[Page 12765]]
(b) The sport fishing subareas, subquotas, fishing dates, and
daily bag limits are as follows, except as modified under the
inseason actions in Section 23. 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.22'55'' 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 46,628 lb (21.2 mt).
(A) The fishing season is May 22 through August 10, 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.31'42'' N. lat.), the quota for landings
into ports in this area is 96,088 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 81,088 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 96,088 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 20,483 lb (9.3 mt).
(A) The fishing season commences on May 1 and continues every
day until 19,483 lb (8.8 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. for 7
days per week until 20,483 lb (9.3 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 6,215 lb (2.8 mt).
(A) The fishing season commences on May 1, and continues every
day through September 30, or until 6,215 lb (2.8 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 127,504 lb (57.8 mt).
(A) The fishing seasons are:
(1) The first season is open on May 8, 9, 10, 15, 16, 17, 23 and
24. The projected catch for this season is 86,703 lb (39.3 mt). If
sufficient unharvested catch remains for an additional days fishing,
the season will reopen. Dependent on the amount of unharvested catch
available, the season reopening dates will be June 7, then June 6,
then June 14, and then June 13. 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 has been announced on
the NMFS hotline.
(2) The second season commences May 25 and continues every day
through July 31, 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 8,925 lb (4.1 mt) or the
subarea quota is estimated to have been taken (except that any
poundage remaining unharvested after the earlier season will be
added to this season) and the season is closed by the Commission,
whichever is earlier; and
(3) The third season is open on August 1, 2, and 9 or until the
combined quotas for the subareas described in paragraphs (v) and
(vi) of this section totaling 137,600 lb (62.4 mt) are estimated to
have been taken and the area is closed by the Commission, whichever
is earlier. If the harvest during these openings does not achieve
the 137,600 lb (62.4 mt) quota, and sufficient unharvested quota
remains for additional days fishing, the season will reopen.
Dependent on the amount of unharvested catch available, the season
reopening dates will be August 23, then August 22, then August 30,
and then August 29. 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 has been 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 the California border (42 deg.0'00'' N.
lat.), the quota for landings into ports in this area is 10,096 lb
(4.6 mt).
(A) The fishing seasons are:
(1) The first season opens May 8 and continues 3 days a week
(Thursday through Saturday) until 8,077 lb (3.7 mt) are estimated to
have been taken and the season is closed by the Commission;
(2) The second season opens the day following the closure of the
season in paragraph (vi)(A)(1) of this section, and continuing every
day through July 31, in the area inside the 30-fathom (55 m) curve
nearest to the coastline as plotted on National Ocean Service charts
numbered 18520, 18580, and 18600, or until a total of 2,019 lb (0.9
mt) or the area quota is estimated to have been taken (except that
any poundage remaining unharvested after the earlier season will be
added to this season) and the season is closed by the Commission,
whichever is earlier; and
(3) The third season is open on August 1, 2, and 9 or until the
combined quotas for the subareas described in paragraphs (v) and
(vi) of this section totaling 137,600 lb (62.4 mt) are estimated to
have been taken and the area is closed by the Commission, whichever
is earlier. If the harvest during these openings does not achieve
the 137,600 lb (62.4 mt) quota, and sufficient unharvested quota
remains for additional days fishing, the season will reopen.
Dependent on the amount of unharvested catch available, the season
reopening dates will be August 23, then August 22, then August 30,
and then August 29. 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 has been 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 3,750 lb (1.7 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
[[Page 12766]]
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.
23. Flexible Inseason Management Provisions in Area 2A
(1) The Regional Director, 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 determining that such action:
(A) Is necessary to allow allocation objectives to be met; and
(B) Will not result in exceeding the catch limit established
preseason for each area.
(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 Director 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 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 Director 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,
Fisheries Management Division, 7600 Sand Point Way NE, Seattle, WA.
24. 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 recreational fishery under Section 22;
(b) The commercial directed fishery for halibut during the
fishing period(s) established in Section 7; or
(c) The incidental catch fishery during the salmon troll fishery
as authorized in Section 7.
(2) No person shall fish for halibut in the recreational fishery
in Area 2A under Section 22 from a vessel that has been used during
the same calendar year for commercial halibut fishing in Area 2A or
that has been issued a permit for the same calendar year for the
commercial halibut fishery in Area 2A.
(3) No person shall fish for halibut in the directed halibut
fishery in Area 2A during the fishing periods established in Section
7 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 7.
(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 recreational halibut fishery in
Area 2A or that is licensed for the recreational halibut fishery in
Area 2A.
(5) No person shall retain halibut in the salmon troll fishery
in Area 2A as authorized under Section 7 taken on a vessel that,
during the same calendar year, has been used in the recreational
halibut fishery in Area 2A, or that is licensed for the recreational
halibut fishery in Area 2A.
(6) No person shall retain halibut in the salmon troll fishery
in Area 2A as authorized under Section 7 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
7 for Area 2A or that is licensed to participate in the directed
commercial fishery during the fishing periods established in Section
7 in Area 2A.
25. 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 of the
Administrative Procedure Act (APA) does not apply to this notice of the
effectiveness and content of the IPHC regulations. Because notice of
proposed rulemaking is not required, the preparation of a regulatory
flexibility analysis is not required. Because prior notice and an
opportunity for public comment are not required to be provided for this
rule by 5 U.S.C. Sec. 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. Sec. 601 et
seq., are not applicable.
Plan for Area 2A
The revisions to the Plan and implementing regulations are not
significant and fall within the scope of the 1995 Environmental
Assessment/Regulatory Impact Review prepared by the PFMC for the long
term Plan. The Assistant General Counsel for Legislation and Regulation
has 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. As a result,
regulatory flexibility analysis was not prepared. This action has been
determined to be not significant for purposes of E.O. 12866.
Authority: 16 U.S.C. 773-773k.
[[Page 12767]]
Dated: March 12, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-6755 Filed 3-13-97; 3:16 pm]
BILLING CODE 3510-22-P
