Pacific Halibut Fisheries; Catch Sharing Plan, 10850-10867 [06-2064]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Rules and Regulations]
[Pages 10850-10867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 060111007-6053-02; I.D. 010906A]
RIN 0648-AT56


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule; annual management measures for Pacific halibut 
fisheries and approval of Catch Sharing Plan; changes to the Catch 
Sharing Plan and to sport fishing management in Area 2A.

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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 modifications to the Catch 
Sharing Plan (CSP) for Area 2A and implementing regulations for 2006, 
and announces approval of the Area 2A CSP. These actions are intended 
to enhance the conservation of Pacific halibut and further the goals 
and objectives of the Pacific Fishery Management Council (PFMC) and the 
North Pacific Fishery Management Council (NPFMC).

EFFECTIVE DATE: March 5, 2006.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting either the International Pacific Halibut 
Commission, P.O. Box 95009, Seattle, WA 98145-2009, or Sustainable 
Fisheries Division, Alaska Region, NMFS P.O. Box 21668, Juneau, AK 
99802-1668, or Sustainable Fisheries Division, NMFS Northwest Region, 
7600 Sand Point Way, NE., Seattle, WA 98105. This final rule also is 
accessible via the Internet at the Government Printing Office's Web 
site at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bubba Cook, 907-586-7425, e-mail at 
bubba.cook@noaa.gov, or Jamie Goen, 206-526-4646, e-mail at 
jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2006 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 2006 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. These management measures are effective until superseded 
by the 2007 management measures, which NMFS will publish in the Federal 
Register.
    The IPHC held its annual meeting in Bellevue, Washington, January 
17-20, 2006, and adopted regulations for 2006. The substantive changes 
to the previous IPHC regulations (70 FR 9242, February 25, 2005) 
include:
    1. New commercial fishery opening date of March 5;
    2. Opening dates for the Area 2A commercial non-tribal directed 
halibut fishery;
    3. Adoption of the revised Area 2A CSP.
    4. A new possession limit on land for Washington, Oregon, and 
California.
    The IPHC recommended catch limits for 2006 to the governments of 
Canada and the United States totaling 69,860,000 lbs. (31,688.5 mt) The 
IPHC staff reported on the assessment of the Pacific halibut stock in 
2005. The assessment indicated healthy halibut stocks in Areas 3A 
through 2A, but indicated declines in Areas 3B and throughout Area 4 
requiring lower catch rates. Recruitment of 1994 and 1995 year classes 
appeared relatively strong in all areas except Area 4B, which showed 
lower recruitment levels for the same year classes. IPHC staff also 
reported that recoveries of PIT-tagged halibut in the Bering Sea and 
Gulf of Alaska remain low, providing insufficient information to 
reliably estimate exploitable biomass in those areas.
    Based on recommendations by the IPHC staff, the IPHC adopted a 
harvest rate of 22.5 percent as the baseline harvest rate for Areas 3A, 
2C, 2B, and 2A. Reduced recruitment and a new assessment of 
productivity in Areas 4B and 4CDE indicated an appropriate harvest rate 
of 15 percent. Thus, as a

[[Page 10851]]

precautionary measure, the IPHC adopted catch limits based on a 15-
percent harvest rate for Areas 4B and 4CDE while additional research is 
conducted during 2006.
    This action also implements the CSP for regulatory Area 2A. This 
plan was developed by the PFMC under authority of the Halibut Act. 
Section 5 of the Halibut Act (16 U.S.C. 773c) provides the Secretary of 
Commerce (Secretary) with general responsibility to carry out the 
Convention and to adopt such regulations as may be necessary to 
implement 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 
United States Convention waters that are in addition to, but not in 
conflict with, regulations of the IPHC. Pursuant to this authority, the 
PFMC's Area 2A CSP allocates the halibut catch limit for Area 2A among 
treaty Indian, non-treaty commercial, and non-treaty sport fisheries in 
and off Washington, Oregon, and California.

Catch Sharing Plan (CSP) for Area 2A

    For 2006, PFMC recommended changes to the CSP to modify the Pacific 
halibut fisheires in Area 2A in 2006 and beyond pursuant to 
recommendations from the Washington Department of Fish and Wildlife 
(WDFW) and the Oregon Department of Fish and Wildlife (ODFW). These 
changes to the CSP will: (1) Decrease the days open per week in the 
Washington North Coast subarea; (2) specify the opening date for the 
June fishery in the Washington North Coast subarea as the first 
Thursday after June 17; (3) revise the Washington South Coast subarea 
season to reopen the northern nearshore area on Fridays and Saturdays 
if insufficient quota remains to open the entire subarea for another 
fishing day; (4) revise the definition of the northern nearshore area 
in the Washington South Coast subarea; (5) increase the Oregon 
contribution to the Columbia River subarea allocation by taking it from 
the Oregon Central Coast subarea allocation; (6) split the Columbia 
River subarea season into an early and late season; (7) prohibit 
retention of groundfish, except sablefish and Pacific cod, when Pacific 
halibut are onboard the vessel in the Columbia River subarea; (8) allow 
an increase in the daily bag limit to two fish after Labor Day for the 
Oregon central coast; (9) increase the Oregon possession limit on land 
from two daily limits to three daily limits statewide. NMFS published a 
proposed rule to implement the PFMC's recommended changes to the CSP, 
and to implement the 2006 Area 2A sport fishing season regulations on 
January 30, 2006, (71 FR 4876).
    This final rule announces approval of revisions to the Area 2A CSP 
and implements the Area 2A CSP and management measures for 2006. These 
halibut management measures are effective until superceded by the 2007 
halibut management measures that will be published in the Federal 
Register.
    Portions of the Catch Sharing Plan and regulations regarding 
flexible inseason management provisions, fishery election in Area 2A 
and the Area 2A non-Treaty commercial fishery closed areas, generally 
do not change from year to year. These regulations have been published 
with the annual halibut management measures, however, this year they 
are being moved from the annual halibut management measures into 
codified regulatory language at 50 CFR part 300, subpart E.

Comments and Responses

    NMFS accepted comments on the proposed rule to implement the 2006 
Area 2A CSP through February 14, 2006, and received one letter of 
comment apiece from WDFW and ODFW, plus one e-mail comment from a 
member of the public.
    Comment 1: The WDFW held a public meeting on January 25, 2006, to 
review the results of the 2005 Puget Sound halibut fishery, and to 
develop season dates for the 2006 sport halibut fishery. Based on the 
2006 Area 2A total allowable catch of 1.38 million pounds (626 mt,) the 
halibut quota for the Puget Sound sport fishery is 68,607 lb (31.1 mt.) 
Applying WDFW's Fishing Equivalent Day (FED) method for estimating the 
Puget Sound fishery's season length, and applying the highest catch per 
FED in the past five years, there are 87 FEDs available for the Eastern 
Region and 87 FEDs available for the Western Region in 2006. We also 
had requests from the Washington public, however, to open the Eastern 
Region of Puget Sound earlier in April, when the halibut catch rate 
tends to be higher. Therefore, we are recommending setting the Puget 
Sound fishing season with fewer FEDs for the Eastern Region at 84 FEDs 
and 87 FEDs for the Western Region, as follows: Eastern Region to be 
open April 9 through June 18, 2006; Western Region to be open May 25 
through August 5, 2006. WDFW also requests that NMFS change the CSP and 
adopt the IPHC-recommended changes to the possession limits on land for 
Washington, Oregon, and California.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates and has implemented them via this final rule. NMFS also agrees 
with the IPHC-recommended Area 2A possession limits on land, which the 
IPHC developed at its 2006 annual meeting in concert with WDFW and 
ODFW. These limits are part of this final rule.
    NMFS will not change the Area 2A CSP at this time. Changes to the 
Area 2A CSP for the following year are recommended annually through the 
PFMC process at its September and November meetings. The IPHC then 
reviews the PFMC-recommended changes to the Area 2A catch sharing plan 
at its annual meeting. NMFS approves and implements the Area 2A CSP 
through a proposed and final rulemaking. The Area 2A CSP covers fishing 
in U.S. waters off the coast of Washington, Oregon, and California. 
According to the Area 2A CSP, ``all sport fishing in Area 2A is managed 
on a `port of landing' basis, whereby any halibut landed into a port 
will count toward the quota for the subarea in which that port is 
located, and the regulations governing the subarea of landing apply, 
regardless of the specific area of catch.'' NMFS understands that WDFW 
would like to clarify regulations concerning fish caught in Canadian 
waters and landed into Washington ports to aid enforcement. The IPHC 
adopted clarifying regulations at their annual meeting in 2006 per 
WDFW's request. The IPHC-adopted language is consistent with the Area 
2A CSP, although the Area 2A CSP and the IPHC regulations do not 
specifically address fish caught in Canadian waters and possessed on 
land in Washington. Therefore, in response to WDFW's request, and after 
consultation with WDFW and IPHC staff, NMFS is promulgating a 
regulation under the Halibut Act that is in addition to the IPHC 
regulations. NMFS will revise paragraph (10) in Section 25. ``Sport 
Fishing for Halibut,'' to read as follows: ``(10) The possession limit 
on land in Washington for halibut caught in: (a) U.S. waters off the 
coast of Washington is two halibut; and (b) Canadian waters off the 
coast of British Columbia is three halibut.''
    Comment 2: The ODFW held a public meeting to gather comments on the 
open dates for the Spring recreational all-depth fishery in Oregon's 
Central Coast sub-area. Since 2003, the number of open fishing days 
that could be accommodated in the Spring fishery has been roughly 
constant. The catch limit for this sub-area's Spring season will be 
175,474 lb (79.6 mt) in 2006, based on the IPHC's 2006 recommendations 
for

[[Page 10852]]

Area 2A. Given the relatively constant effort pattern in recent years, 
and the expectation of a somewhat higher catch limit than in 2005, ODFW 
recommends setting a Central Coast all-depth fishery of 15 days, with 9 
additional back-up dates, in case the sub-area's Spring quota is not 
taken in the initial 15 days. We recommend the following days for the 
Spring fishery, within this sub-area's parameters for a Thursday-
Saturday season: regular open days of May 11-13, 18-20, and 25-27, June 
1-3, and 8-10; back-up open days of June 22-24, and July 6-8, and 20-
22. For the Summer fishery in this sub-area, we recommend following the 
CSP's parameters of opening the first Friday in August, with open day 
to occur every other Friday-Sunday, unless modified inseason within the 
parameters of the CSP. Under the CSP, the 2006 summer all-depth fishery 
in Oregon's Central Coast sub-area would occur: August 4-6, and 18-20, 
September 1-3, and 15-17, and 29-30, and October 1, 13-15, and 27-29. 
To facilitate rebuilding of yelloweye rockfish off the Oregon coast and 
to improve enforcement of the Stonewall Bank Yelloweye Rockfish 
Conservation Area (YRCA,) ODFW also recommends prohibiting any fishing 
in the YRCA for any species of fish for vessels with halibut onboard. 
Vessels with halibut onboard would be permitted to traverse the YRCA, 
as long as they do not fish within the YRCA.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates, and with the recommended YRCA regulation, and has implemented 
them via this final rule. NMFS notes that ODFW's recommendation for the 
YRCA is a change from the proposed rule. Thus, with this final rule, 
halibut may not be retained onboard recreational fishing vessels 
trolling for salmon while those vessels are operating in the closed 
area.
    Comment 3: What is the plan for the 2006 incidental halibut catch 
allowance in the commercial salmon troll fishery? I would like to 
request that the season remain the same as last year.
    Response: Under the CSP at the 2006 Area 2A TAC level, the salmon 
troll fishery would be allocated 41,464 lb (18.8 mt) of halibut for 
incidental catch in 2006. This is more than the allocation for 2005. 
The PFMC first considers the per-Chinook incidental halibut retention 
ratio at its March 5-10 meeting in Seattle, WA. At its April 2-7 
meeting in Sacramento, CA, the PFMC will finalize its recommendations 
for that ratio. NMFS will implement the final ratio via its 2006 salmon 
fishery regulations.

Annual Halibut Management Measures

    The annual management measures that follow for the 2006 Pacific 
halibut fishery are those adopted by the IPHC and approved by the 
Secretary of State.

1. Short Title

    These regulations may be cited as the Pacific Halibut Fishery 
Regulations.

2. Application

    (1) These Regulations apply to persons and vessels fishing for 
halibut in, or possessing halibut taken from, the maritime area as 
defined in Section 3.
    (2) Sections 3 to 6 apply generally to all halibut fishing.
    (3) Sections 7 to 20 apply to commercial fishing for halibut.
    (4) Section 21 applies to tagged halibut caught by any vessel.
    (5) Section 22 applies to the United States treaty Indian fishery 
in subarea 2A-1.
    (6) Section 23 applies to customary and traditional fishing in 
Alaska.
    (7) Section 24 applies to Aboriginal groups fishing for food, 
social, and ceremonial purposes in British Columbia.
    (8) Section 25 applies to sport fishing for halibut.
    (9) These Regulations do not apply to fishing operations authorized 
or conducted by the Commission for research purposes.

3. 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), United States Coast Guard (USCG), 
Washington Department of Fish and Wildlife (WDFW), and the Oregon State 
Police (OSP);
    (b) Authorized clearance personnel means an authorized officer of 
the United States, a representative of the Commission, or a designated 
fish processor;
    (c) Charter vessel means a vessel used for hire in sport fishing 
for halibut, but not including a vessel without a hired operator;
    (d) Commercial fishing means fishing, other than:
    (i) Treaty Indian ceremonial and subsistence fishing as referred to 
in section 22;
    (ii) Customary and traditional fishing as referred to in section 23 
and defined by and regulated pursuant to NMFS regulations published at 
50 CFR part 300, the resulting catch of which is sold or bartered; or 
is intended to be sold or bartered; and
    (iii) Aboriginal groups fishing in British Columbia as referred to 
in section 24.
    (e) Commission means the International Pacific Halibut Commission;
    (f) Daily bag limit means the maximum number of halibut a person 
may take in any calendar day from Convention waters;
    (g) 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;
    (h) Fishing period limit means the maximum amount of halibut that 
may be retained and landed by a vessel during one fishing period;
    (i) Land or offload with respect to halibut, means the removal of 
halibut from the catching vessel;
    (j) License means a halibut fishing license issued by the 
Commission pursuant to section 4;
    (k) Maritime area, in respect of the fisheries jurisdiction of a 
Contracting Party, includes without distinction areas within and 
seaward of the territorial sea and internal waters of that Party;
    (l) Net weight, with respect to halibut, shall be based on halibut 
that is gutted, head-off, and without ice and slime;
    (m) Operator, with respect to any vessel, means the owner and/or 
the master or other individual on board and in charge of that vessel;
    (n) 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);
    (o) Person includes an individual, corporation, firm, or 
association;
    (p) Regulatory area means an area referred to in section 6;
    (q) Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached;
    (r) Sport fishing means all fishing other than:
    (i) Commercial fishing;
    (ii) Treaty Indian ceremonial and subsistence fishing as referred 
to in section 22;
    (iii) Customary and traditional fishing as referred to in section 
23 and defined in and regulated pursuant to NMFS regulations published 
in 50 CFR part 300; and

[[Page 10853]]

    (iv) Aboriginal groups fishing in British Columbia as referred to 
in section 24.
    (s) 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;
    (t) VMS transmitter means a NMFS-approved vessel monitoring system 
transmitter that automatically determines a vessel's position and 
transmits it to a NMFS-approved communications service provider.\1\
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    \1\ Call NOAA Enforcement Division, Alaska Region, at 907-586-
72225 between the hours of 0800 and 1600 local time for a list of 
NMFS-approved VMS transmitters and communications service providers.
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    (2) In these Regulations, all bearings are true and all positions 
are determined by the most recent charts issued by the United States 
National Ocean Service or the Canadian Hydrographic Service.

4. Licensing Vessels for Area 2A

    (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 vessel with a valid Area 2A commercial license cannot be used 
to sport fish for Pacific halibut in Area 2A.
    (4) A license issued for a vessel operating in the commercial 
fishery in Area 2A shall be valid for one of the following, but not 
both.
    (a) The directed commercial fishery during the fishing periods 
specified in paragraph (2) of section 8 and the incidental commercial 
fishery during the sablefish fishery specified in paragraph (3) of 
section 8; or
    (b) The incidental catch fishery during the salmon troll fishery 
specified in paragraph (4) of section 8.
    (5) A license issued in respect of a vessel referred to in 
paragraph (1) 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.
    (6) 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.
    (7) A vessel operating in the directed commercial fishery or the 
incidental commercial fishery during the sablefish 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.
    (8) 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.
    (9) Application forms may be obtained from any authorized officer 
or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only during 
the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or redocumented.
    (14) 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.
    (15) The United States may suspend, revoke, or modify any license 
issued under this section under policies and procedures in 15 CFR part 
904.

5. In-Season 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 or other domestic allocation programs 
developed by the United States or Canadian governments.
    (2) In-season 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) In-season 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, Provincial fishery officials, and 
the media.

6. Regulatory Areas

    The following areas shall be regulatory areas (see Figure 1) 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]11'54'' N. lat., 
136[deg]38'24'' 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 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 and 4D

    (1) Section 7 applies only to any person fishing, or vessel that is 
used to fish for, Area 4E Community

[[Page 10854]]

Development Quota (CDQ) or Area 4D CDQ halibut provided that the total 
annual halibut catch of that person or vessel is landed at a port 
within Area 4E or 4D.
    (2) A person may retain halibut taken with setline gear in Area 4E 
CDQ and 4D CDQ fishery that are smaller than the size limit specified 
in section 13, provided that no person may sell or barter such halibut.
    (3) The manager of a CDQ organization that authorizes persons to 
harvest halibut in the Area 4E or 4D CDQ fisheries must report to the 
Commission the total number and weight of undersized halibut taken and 
retained by such persons pursuant to section 7, paragraph (2). This 
report, which shall include data and methodology used to collect the 
data, must be received by the Commission prior to December 1 of the 
year in which such halibut were harvested.

8. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the 
catch limits specified in section 11 have not been taken.
    (2) Each fishing period in the Area 2A directed fishery \2\ shall 
begin at 0800 hours and terminate at 1800 hours local time on June 28, 
July 12, July 26, August 9, August 23, September 6, and September 20 
unless the Commission specifies otherwise.
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    \2\ The directed fishery is restricted to waters that are south 
of Point Chehalis, Washington (46[deg]53'18'' N. lat.) under 
regulations; promulgated by NMFS and published in the Federal 
Register,
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    (3) Notwithstanding paragraph (7) of section 11, an incidental 
catch fishery \3\ is authorized during the sablefish seasons in Area 2A 
in accordance with regulations promulgated by NMFS.
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    \3\ The incidental fishery during the directed, fixed gear 
stablefish season is restricted to waters that are north of Point 
Chehalis, Washington (46[deg]53'18'' N. lat.) under regulations 
promoted by NMFS and published in the Federal Register.
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    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, 
an incidental catch fishery is authorized during salmon troll seasons 
in Area 2A in accordance with regulations promulgated by NMFS.
    (5) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 
4E shall begin at 1200 hours local time on March 5 and terminate at 
1200 hours local time on November 15, unless the Commission specifies 
otherwise.
    (6) 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 
referred to in 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

    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]36'0'' 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. latitude, 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 halibut fishing.

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 
net weights expressed in pounds or metric tons shown in the following 
table:

------------------------------------------------------------------------
                                                    Catch limit
             Regulatory area             -------------------------------
                                              Pounds        Metric tons
------------------------------------------------------------------------
2A: directed commercial, and incidental          276,424           125.4
 commercial during salmon troll fishery.
2A: incidental commercial during                  70,000            31.8
 sablefish fishery......................
2B \4\..................................      13,220,000         5,995.5
2C......................................      10,630,000         4,820.9
3A......................................      25,200,000        11,428.6
3B......................................      10,860,000         4,925.2
4A......................................       3,350,000         1,519.3
4B......................................       1,670,000           757.4
4C......................................       1,610,000           730.2
4D......................................       1,610,000           730.2
4E......................................         330,000           149.7
------------------------------------------------------------------------

    (2) Notwithstanding paragraph (1), regulations pertaining to the 
division of the Area 2A catch limit between the directed commercial 
fishery and the incidental catch fishery as described in paragraph (4) 
of section 8 will be promulgated by NMFS and published in the Federal 
Register.
---------------------------------------------------------------------------

    \4\ Area 2B includes combined commercial and sport catch limits 
which will be allocated by DFO.

---------------------------------------------------------------------------

[[Page 10855]]

    (3) The Commission shall determine and announce to the public the 
date on which the catch limit for Area 2A will be taken.
    (4) Notwithstanding paragraph (1), Area 2B will close only when all 
Individual Vessel Quotas (IVQs) assigned by DFO are taken, or November 
15, whichever is earlier.
    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, and 4E will each close only when all IFQs and all CDQs issued by 
NMFS 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), and (6) 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.
    (8) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4E directed commercial fishery is 
equal to the combined annual catch limits specified for the Area 4D and 
Area 4E CDQ fisheries. The annual Area 4D CDQ catch limit will decrease 
by the equivalent amount of halibut CDQ taken in Area 4E in excess of 
the annual Area 4E CDQ catch limit.
    (9) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4D directed commercial fishery is 
equal to the combined annual catch limits specified for Area 4C and 
Area 4D. The annual Area 4C catch limit will decrease by the equivalent 
amount of halibut taken in Area 4D in excess of the annual Area 4D 
catch limit.

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,  in feet (m)                 Vessel class
------------------------------------------------------------------------
1-25 (0.3-7.6).............................  A
26-30 (7.9-9.1)............................  B
31-35 (9.4-10.7)...........................  C
36-40 (11.0-12.2)..........................  D
41-45 (12.5-13.7)..........................  E
46-50 (14.0-15.2)..........................  F
51-55 (15.5-16.8)..........................  G
56+ (17.1+)................................  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 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

    (1) All halibut that are caught and are not retained shall be 
immediately released outboard of the roller and returned to the sea 
with a minimum of injury by:
    (a) Hook straightening;
    (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 landing of any halibut caught in any of 
these areas, unless specifically exempted in paragraphs (10), (13), 
(14), (15), or (16).
    (2) An operator obtaining a vessel clearance required by paragraph 
(1) must obtain the clearance in person from the authorized clearance 
personnel and sign the IPHC form documenting that a clearance was 
obtained, except that when the clearance is obtained via VHF radio 
referred to in paragraphs (5), (8), and (9), the authorized clearance 
personnel must sign the IPHC form documenting that the clearance was 
obtained.
    (3) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4A may be obtained only at Nazan Bay on Atka Island, 
Dutch Harbor or Akutan, 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 4B may only be obtained at Nazan Bay on Atka Island or 
Adak, Alaska, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor.
    (5) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4C and 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.
    (6) The vessel operator shall specify the specific regulatory area 
in which fishing will take place.
    (7) 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.
    (8) 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 or Adak, by contacting an

[[Page 10856]]

authorized officer of the United States, a representative of the 
Commission, or a designated fish processor by VHF radio or in person.
    (9) Before unloading any halibut caught in Area 4C and 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.
    (10) 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, provided that:
    (a) The operator of the vessel obtains a vessel clearance prior to 
fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul, St. George, 
Adak, 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, Adak, 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 
obtains a vessel clearance from Dutch Harbor, Akutan, St. Paul, St. 
George, Adak, 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 or St. 
George can be obtained by VHF radio and allowing the person contacted 
to confirm visually the identity of the vessel. The clearance obtained 
in Adak or Nazan Bay on Atka Island can be obtained by VHF radio.
    (11) Vessel clearances shall be obtained between 0600 and 1800 
hours, local time.
    (12) No halibut shall be on board the vessel at the time of the 
clearances required prior to fishing in Area 4.
    (13) 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).
    (14) 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).
    (15) Any vessel that is used to fish for halibut only in Areas 4C 
or 4D or 4E and lands its total annual halibut catch at a port within 
Areas 4C, 4D, 4E, or the closed area defined in section 10, is exempt 
from the clearance requirements of paragraph (1).
    (16) Any vessel that carries a transmitting VMS transmitter while 
fishing for halibut in Area 4A, 4B, 4C, or 4D and until all halibut 
caught in any of these areas is landed is exempt from the clearance 
requirements of paragraph (1) of this section, provided that:
    (a) The operator of the vessel complies with NMFS' vessel 
monitoring system regulations published at 50 CFR sections 
679.28(f)(3), (4) and (5); and
    (b) The operator of the vessel notifies NOAA Fisheries Office for 
Law Enforcement at 800-304-4846 (select option 1 to speak to an 
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) 
local time within 72 hours before fishing for halibut in Area 4A, 4B, 
4C, or 4D and receives a VMS confirmation number.

16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an 
overall length of 26 feet (7.9 meters) or greater shall maintain an 
accurate log of halibut fishing operations in the Groundfish/IFQ Daily 
Fishing Longline and Pot Gear Logbook provided by NMFS, or Alaska hook-
and-line logbook provided by Petersburg Vessel Owners Association or 
Alaska Longline Fisherman's Association, or the Alaska Department of 
Fish and Game (ADF&G) longline-pot logbook, or the logbook provided by 
IPHC.
    (2) The logbook referred to in paragraph (1) must include the 
following information:
    (a) The name of the vessel and the state (ADF&G, WDFW, Oregon 
Department of Fish and Wildlife, or California Department of Fish and 
Game) vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude or loran coordinates or a direction 
and distance from a point of land for each set or day;
    (d) The number of skates deployed or retrieved, and number of 
skates lost; and
    (e) The total weight or number of halibut retained for each set or 
day.
    (3) The logbook 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 trip;
    (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; and
    (e) Kept on board the vessel when engaged in halibut fishing, 
during transits to port of landing, and until the offloading of all 
halibut is completed.
    (4) The log referred to in paragraph (1) does not apply to the 
incidental halibut fishery during the salmon troll season in Area 2A 
defined in paragraph (4) of section 8.
    (5) The operator of any Canadian vessel fishing for halibut shall 
maintain an accurate log recorded in the British Columbia Integrated 
Groundfish Fishing Log provided by DFO.
    (6) The logbook referred to in paragraph (5) must include the 
following information:
    (a) The name of the vessel and the DFO vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude or loran coordinates or a direction 
and distance from a point of land for each set or day;
    (d) The number of skates deployed or retrieved, and number of 
skates lost; and
    (e) The total weight or number of halibut retained for each set or 
day.
    (7) The logbook referred to in paragraph (5) shall be:
    (a) Maintained on board the vessel;
    (b) Retained for a period of two years by the owner or operator of 
the vessel;
    (c) Open to inspection by an authorized officer or any authorized 
representative of the Commission upon demand;
    (d) Kept on board the vessel when engaged in halibut fishing, 
during transits to port of landing, and until the offloading of all 
halibut is completed;
    (e) Mailed to the DFO (white copy) within seven days of offloading; 
and
    (f) Mailed to the Commission (yellow copy) within seven days of the 
final offload if not collected by a Commission employee.
    (8) 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 4.
    (2) No person shall possess on board a vessel a halibut other than 
whole or with gills and entrails removed. Except that this paragraph 
shall not prohibit the possession on board a vessel:
    (a) Halibut cheeks cut from halibut caught by persons authorized to 
process

[[Page 10857]]

the halibut on board in accordance with NMFS regulations published at 
50 CFR part 679;
    (b) Fillets from halibut that have been offloaded in accordance 
with section 17 may be possessed on board the harvesting vessel in the 
port of landing up to 1800 hours local time on the calendar day 
following the offload \5\; and
---------------------------------------------------------------------------

    \5\ DFO has more restrictive regulations therefore section 
17(2)b does not apply to fish caught in Area 2B or landed in British 
Columbia.
---------------------------------------------------------------------------

    (c) Halibut with their heads removed in accordance with section 13.
    (3) No person shall offload halibut from a vessel unless the gills 
and entrails have been removed prior to offloading. \6\
---------------------------------------------------------------------------

    \6\ DFO did not adopt this regulation therefore section 17 
paragraph 3 does not apply to fish caught in Area 2B.
---------------------------------------------------------------------------

    (4) It shall be the responsibility of a vessel operator who lands 
halibut to continuously and completely offload at a single offload site 
all halibut on board the vessel.
    (5) A registered buyer (as that term is defined in regulations 
promulgated by NMFS and codified at 50 CFR part 679) who receives 
halibut harvested in IFQ and CDQ fisheries in Areas 2C, 3A, 3B, 4A, 4B, 
4C, 4D, and 4E, directly from the vessel operator that harvested such 
halibut must weigh all the halibut received and record the following 
information on Federal catch reports: date of offload; name of vessel; 
vessel number; scale weight obtained at the time of offloading, 
including the weight (in pounds) of halibut purchased by the registered 
buyer, the weight (in pounds) of halibut offloaded in excess of the IFQ 
or CDQ, the weight of halibut (in pounds) retained for personal use or 
for future sale, and the weight (in pounds) of halibut discarded as 
unfit for human consumption.
    (6) The first recipient, commercial fish processor, or buyer in the 
United States who purchases or receives halibut directly from the 
vessel operator that harvested such halibut must weigh and record all 
halibut received and record the following information on state fish 
tickets: the date of offload, vessel number, total weight obtained at 
the time of offload including the weight (in pounds) of halibut 
purchased, the weight (in pounds) of halibut offloaded in excess of the 
IFQ, CDQ, or fishing period limits, the weight of halibut (in pounds) 
retained for personal use or for future sale, and the weight (in 
pounds) of halibut discarded as unfit for human consumption.
    (7) The individual completing the state fish tickets for the Area 
2A fisheries as referred to in paragraph (6) must additionally record 
whether the halibut weight is of head-on or head-off fish.
    (8) For halibut landings made in Alaska, the requirements as listed 
in paragraph (5) and (6) can be met by recording the information in the 
Interagency Electronic Reporting Systems, eLandings.
    (9) 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 Provincial 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.
    (10) No person shall make a false entry on a State or Provincial 
fish ticket or a Federal catch or landing report referred to in 
paragraphs (5), (6), and (9) of section 17.
    (11) A copy of the fish tickets or catch reports referred to in 
paragraphs (5), (6), and (9) 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.
    (12) No person shall possess any halibut taken or retained in 
contravention of these Regulations.
    (13) When halibut are landed to other than a commercial fish 
processor the records required by paragraph (6) shall be maintained by 
the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (9).
    (14) It shall be unlawful to enter a IPHC 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 more than one of the Regulatory Areas 2C, 3A, 
or 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 \7\ published at 50 CFR 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.
---------------------------------------------------------------------------

    \7\ Without an observer, a vessel cannot have on board more 
halibut than the IFQ for the area that is being fished even if some 
of the catch occurred earlier in a different area.
---------------------------------------------------------------------------

    (3) Halibut caught in more than one of the Regulatory Areas 4A, 4B, 
4C, or 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, 
except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut heads, 
skin, entrails, bones or fins for use as bait may be possessed on board 
a vessel carrying pots capable of catching halibut, provided that a 
receipt documenting purchase or transfer of these halibut parts is on 
board the vessel.
    (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 state license number; or
    (b) The vessel's registration number.
    (5) The markings specified in paragraph (4) shall be in characters 
at least 4 inches (10.2 cm) in height and \1/2\ inch (.3 cm) in width 
in a contrasting color visible above the water and shall be maintained 
in legible condition.

[[Page 10858]]

    (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.
    (11) Notwithstanding any other provision in these regulations, a 
person may retain, possess, and dispose of halibut taken with trawl 
gear only as authorized by the Prohibited Species Donation regulations 
of NMFS.

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. 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 
external 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 only if the halibut is caught during commercial 
halibut fishing and it complies with the other commercial fishing 
provisions of these regulations.
    (3) Externally tagged fish must count against commercial IVQs, 
CDQs, IFQs, or daily bag or possession limits unless otherwise exempted 
by state, provincial, or federal 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) Section 13 (size limits), section 14 (careful release of 
halibut), section 16 (logs), section 17 (receipt and possession of 
halibut) and section 19 (fishing gear), except paragraphs (7) and (8) 
of section 19, apply to commercial fishing for halibut in subarea 2A-1 
by the treaty Indian tribes.
    (4) Commercial fishing for halibut in subarea 2A-1 is permitted 
with hook and line gear from March 5 through November 15, or until 
472,000 lbs (214.1 mt) net weight is taken, whichever occurs first.
    (5) 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 36,000 lbs (16.3 mt) net weight.

23. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for halibut in Regulatory 
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to 
regulations promulgated by the National Marine Fisheries Service and 
published in 50 CFR part 300.
    (2) Customary and traditional fishing is authorized from January 1 
through December 31.

24. Aboriginal Groups Fishing for Food, Social, and Ceremonial Purposes 
in British Columbia

    (1) Fishing for halibut for food, social, and ceremonial purposes 
by Aboriginal groups in Regulatory Area 2B shall be governed by the 
Fisheries Act of Canada and regulations as amended from time to time.

25. 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:
    (i) 249,152 lbs (113.0 mt) net weight in waters off Washington; and
    (ii) 276,424 lbs (125.4 mt) net weight 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 authorized at 50 CFR 300.63(c). All sport fishing in Area 2A is 
managed on a ``port of landing'' basis, whereby any halibut landed into 
a port counts toward the quota for the area in which that port is 
located, and the regulations governing the area of landing apply, 
regardless of the specific area of catch.
    (i) In Puget Sound and the U.S. waters in the Strait of Juan de 
Fuca, east of a line extending from 48[deg]17.30' N. lat., 
124[deg]23.70' W. long. north to 48[deg]24.10' N. lat., 124[deg]23.70' 
W. long., there is no quota. This area is managed by setting a season 
that is projected to result in a catch of 68,607 lb (31 mt).
    (A) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is April 9 through June 18 and the 
fishing season in western Puget Sound (west of 123[deg]49.50' W. long., 
Low Point) is May 25 through August 5, 5 days a week (Thursday through 
Monday).
    (B) The daily bag limit is one halibut of any size per day per 
person.

[[Page 10859]]

    (ii) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (4)(b)(i) of 
this section and north of the Queets River (47[deg]31.70' N. lat.), is 
119,244 lb (54 mt).
    (A) The fishing seasons are:
    (1) Commencing on May 9 and continuing 3 days a week (Tuesday, 
Thursday, and Saturday) until 85,856 lb (39 mt) are estimated to have 
been taken and the season is closed by the Commission.
    (2) From June 22, and continuing thereafter for 2 days a week 
(Thursday and Saturday) until the overall quota of 119,244 lb (54 mt) 
are estimated to have been taken and the area is closed by the 
Commission, or until September 30, whichever is earlier.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A ``C-shaped'' yelloweye rockfish conservation