Pacific Halibut Fisheries; Catch Sharing Plan, 10850-10867 [06-2064]
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Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Rules and Regulations
number of registered vehicles. In the
United States, there are over
230,000,000 registered vehicles. In 2005,
about 12,700 vehicles were imported
into the U.S. by RIs. Approximately 99
percent of the imported vehicles not
originally manufactured to meet U.S.
standards were imported from Canada.
A portion of these imported vehicles
have not been high theft line vehicles
subject to the Theft Prevention
Standard. Of those that were, based
upon our experience in program
administration, a considerable fraction
of the motor vehicles manufactured for
the Canadian market are parts-marked to
the U.S. Theft Prevention Standard. In
addition, some portion of these
Canadian vehicles were equipped with
anti-theft devices identical or similar to
ones installed in vehicles granted an
exemption by NHTSA pursuant to 49
CFR part 543. Furthermore, effective
September 2007, Canada Motor Vehicle
Safety Standard 114 will require that all
vehicles with a gross vehicle weight
rating (GVWR) of less than 10,000 lbs,
except emergency vehicles, be equipped
with anti-theft immobilization devices.
An estimated 85 percent of all model
year 2006 Canadian vehicles are
equipped with such devices. Thus, there
is a relatively small subset of vehicles
imported yearly into the U.S. that were
not originally manufactured to comply
with the U.S. Theft Prevention Standard
and do not have an anti-theft device. We
are not aware of problems associated
with RIs’ importation of vehicles that
are subject to and do not comply with
the Theft Prevention Standard. Since
the practice of allowing pre-importation
conformity has worked for 20 years, we
decline to change it.
E. NICB’s Petition for an Emergency
Stay
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On November 3, 2005, NICB filed a
petition for an emergency stay of the
effective date (November 3, 2005) of 49
CFR 592.6(d)(1)(ii) amended by the
October 4, 2005 final rule. The
petitioner asserts that the American
public and importers will suffer
irreparable harm. The petition requests
that NHTSA stay the effective date of
the provision until the agency has had
time to consider its petition for
reconsideration. This is moot.
Accordingly, the petition is denied.
Issued: February 28, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06–2003 Filed 3–2–06; 8:45 am]
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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
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.
AGENCY:
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
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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
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precautionary measure, the IPHC
adopted catch limits based on a 15percent 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
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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.
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Response: NMFS agrees with WDFW’s
recommended Puget Sound season dates
and has implemented them via this final
rule. NMFS also agrees with the IPHCrecommended 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 alldepth 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
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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 subarea 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.
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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
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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
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(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 NMFSapproved vessel monitoring system
transmitter that automatically
determines a vessel’s position and
transmits it to a NMFS-approved
communications service provider.1
(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.
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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
1 Call NOAA Enforcement Division, Alaska
Region, at 907–586–72225 between the hours of
0800 and 1600 local time for a list of NMFSapproved VMS transmitters and communications
service providers.
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‘‘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.
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(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° true from Cape Spencer Light
(58°11′54″ N. lat., 136°38′24″ W. long.)
and south and east of a line running
205° 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°41′15″ N. lat., 155°35′00″ W.
long.) to Cape Ikolik (57°17′17″ N. lat.,
154°47′18″ W. long.), then along the
Kodiak Island coastline to Cape Trinity
(56°44′50″ N. lat., 154°08′44″ W. long.),
then 140° true;
(5) Area 3B includes all waters
between Area 3A and a line extending
150° true from Cape Lutke (54°29′00″ N.
lat., 164°20′00″ W. long.) and south of
54°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°00′00″ W. long. and south of
56°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°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°00′00″ W. long.,
south of 58°00′00″ N. lat., and west of
168°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°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°00′00″ W. long., and south of
65°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
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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.
(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.
(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.
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.
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
10. Closed Area
All waters in the Bering Sea north of
55°00′00″ N. lat. in Isanotski Strait that
are enclosed by a line from Cape
Sarichef Light (54°36′0″ N. lat.,
164°55′42″ W. long.) to a point at
56°20′00″ N. lat., 168°30′00″ W. long.;
thence to a point at 58°21′25″ N.
latitude, 163°00′00″ W. long.; thence to
Strogonof Point (56°53′18″ N. lat.,
158°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°00′00″ N.
lat. and 54°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
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2A: directed commercial, and incidental commercial during salmon troll fishery ...................................................
2A: incidental commercial during sablefish fishery .................................................................................................
2B 4 ..........................................................................................................................................................................
2C ............................................................................................................................................................................
3A .............................................................................................................................................................................
3B .............................................................................................................................................................................
4A .............................................................................................................................................................................
4B .............................................................................................................................................................................
4C ............................................................................................................................................................................
4D ............................................................................................................................................................................
4E .............................................................................................................................................................................
276,424
70,000
13,220,000
10,630,000
25,200,000
10,860,000
3,350,000
1,670,000
1,610,000
1,610,000
330,000
Metric tons
125.4
31.8
5,995.5
4,820.9
11,428.6
4,925.2
1,519.3
757.4
730.2
730.2
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.
2 The directed fishery is restricted to waters that
are south of Point Chehalis, Washington (46°53′18″
N. lat.) under regulations; promulgated by NMFS
and published in the Federal Register,
3 The incidental fishery during the directed, fixed
gear stablefish season is restricted to waters that are
north of Point Chehalis, Washington (46°53′18″ N.
lat.) under regulations promoted by NMFS and
published in the Federal Register.
4 Area 2B includes combined commercial and
sport catch limits which will be allocated by DFO.
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(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.
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(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-theside 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) ..............................
26–30 (7.9–9.1) ............................
31–35 (9.4–10.7) ..........................
36–40 (11.0–12.2) ........................
41–45 (12.5–13.7) ........................
46–50 (14.0–15.2) ........................
51–55 (15.5–16.8) ........................
56+ (17.1+) ...................................
A
B
C
D
E
F
G
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:
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10855
(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
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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
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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
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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
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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
(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
(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
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.
6 DFO did not adopt this regulation therefore
section 17 paragraph 3 does not apply to fish caught
in Area 2B.
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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
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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.
(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.
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.
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(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 72hour 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.
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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°53′18″ N. lat. and east of
125°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
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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°17.30′ N. lat.,
124°23.70′ W. long. north to 48°24.10′
N. lat., 124°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°49.50′ W.
long., Low Point) is April 9 through
June 18 and the fishing season in
western Puget Sound (west of
123°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.
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(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°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 area southwest of Cape
Flattery is closed to sport fishing for
halibut. This area is defined by straight
lines connecting all of the following
points in the order listed:
(1) 48°18.00′ N. lat.; 125°18.00′ W.
long.;
(2) 48°18.00′ N. lat.; 124°59.00′ W.
long.;
(3) 48°11.00′ N. lat.; 124°59.00′ W.
long.;
(4) 48°11.00′ N. lat.; 125°11.00′ W.
long.;
(5) 48°04.00′ N. lat.; 125°11.00′ W.
long.;
(6) 48°04.00′ N. lat.; 124°59.00′ W.
long.;
(7) 48°00.00′ N. lat.; 124°59.00′ W.
long.;
(8) 48°00.00′ N. lat.; 125°18.00′ W.
long.; and connecting back to 48°18.00′
N. lat.; 125°18.00′ W. long.
(iii) The quota for landings into ports
in the area between the Queets River,
Washington, (47°31.70′ N. lat.) and
Leadbetter Point, Washington,
(46°38.17′ N. lat.), is 53,952 lb (24 mt).
(A) The fishing season commences on
May 1 and continues 5 days a week
(Sunday through Thursday) in all
waters, except that in the area from
47°25.00′ N. lat. south to 46°58.00″ N.
lat. and east of 124°30.00″ W. long. (i.e.,
the Washington South coast, northern
nearshore area), the fishing season
commences on May 1 and continues 7
days a week. The fishery will continue
from May 1 until 53,952 lb (24 mt) are
estimated to have been taken and the
season is closed by the Commission, or
until September 30, whichever is
earlier. Subsequent to this closure, if
there is insufficient quota remaining to
reopen the entire subarea for another
fishing day, then any remaining quota
may be used to accommodate incidental
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16:36 Mar 02, 2006
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catch in the nearshore area from
47°25.00′ N. lat. south to 46°58.00′ N.
lat. and east of 124°30.00′ W. long. on
Fridays and Saturdays only, or be
transferred inseason to another
Washington coastal subarea by NMFS
via an update to the recreational halibut
hotline.
(B) The daily bag limit is one halibut
of any size per day per person.
(iv) The quota for landings into ports
in the area between Leadbetter Point,
Washington, (46°38.17′ N. lat.) and Cape
Falcon, Oregon, (45°46.00′ N. lat.), is
21,170 lb (10 mt).
(A) The fishing season commences on
May 1, and continues 7 days a week
until 14,819 lb (6.7 mt) are estimated to
have been taken and the season is
closed by the Commission or until July
16, whichever is earlier. The fishery will
reopen on August 4 and continue 3 days
a week (Friday through Sunday) until
21,170 lb (10 mt) have been taken and
the season is closed by the Commission,
or until September 30, whichever is
earlier. Subsequent to this closure, if
there is insufficient quota remaining in
the Columbia River subarea for another
fishing day, then any remaining quota
may be transferred inseason to another
Washington and/or Oregon subarea by
NMFS via an update to the recreational
halibut hotline. Any remaining quota
would be transferred to each state in
proportion to its contribution.
(B) The daily bag limit is one halibut
of any size per day per person.
(C) Pacific Coast groundfish may not
be taken and retained, possessed or
landed, except sablefish and Pacific cod
when allowed by Pacific Coast
groundfish regulations, if halibut are on
board the vessel.
(v) The quota for landings into ports
in the area off Oregon between Cape
Falcon (45°46.00′ N. lat.) and Humbug
Mountain (42°40.50′ N. lat.), is 254,310
lb (115 mt).
(A) The fishing seasons are:
(1) The first season (the ‘‘inside 40fm’’ fishery) commences May 1 and
continues 7 days a week through
October 31, in the area shoreward of a
boundary line approximating the 40-fm
(73-m) depth contour, or until the subquota for the central Oregon ‘‘inside 40fm’’ fishery (20,345 lb (9.2 mt)) or any
inseason revised subquota is estimated
to have been taken and the season is
closed by the Commission, whichever is
earlier. The boundary line
approximating the 40-fm (73-m) depth
contour between 45°46.00′ N. lat. and
42°40.50′ N. lat. is defined by straight
lines connecting all of the following
points in the order stated:
(1) 45°46.00′ N. lat., 124°04.49′ W.
long.;
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(2) 45°44.34′ N. lat., 124°05.09′ W.
long.;
(3) 45°40.64′ N. lat., 124°04.90′ W.
long.;
(4) 45°33.00′ N. lat., 124°04.46′ W.
long.;
(5) 45°32.27′ N. lat., 124°04.74′ W.
long.;
(6) 45°29.26′ N. lat., 124°04.22′ W.
long.;
(7) 45°20.25′ N. lat., 124°04.67′ W.
long.;
(8) 45°19.99′ N. lat., 124°04.62′ W.
long.;
(9) 45°17.50′ N. lat., 124°04.91′ W.
long.;
(10) 45°11.29′ N. lat., 124°05.19′ W.
long.;
(11) 45°05.79′ N. lat., 124°05.40′ W.
long.;
(12) 45°05.07′ N. lat., 124°05.93′ W.
long.;
(13) 45°03.83′ N. lat., 124°06.47′ W.
long.;
(14) 45°01.70′ N. lat., 124°06.53′ W.
long.;
(15) 44°58.75′ N. lat., 124°07.14′ W.
long.;
(16) 44°51.28′ N. lat., 124°10.21′ W.
long.;
(17) 44°49.49′ N. lat., 124°10.89′ W.
long.;
(18) 44°44.96′ N. lat., 124°14.39′ W.
long.;
(19) 44°43.44′ N. lat., 124°14.78′ W.
long.;
(20) 44°42.27′ N. lat., 124°13.81′ W.
long.;
(21) 44°41.68′ N. lat., 124°15.38′ W.
long.;
(22) 44°34.87′ N. lat., 124°15.80′ W.
long.;
(23) 44°33.74′ N. lat., 124°14.43′ W.
long.;
(24) 44°27.66′ N. lat., 124°16.99′ W.
long.;
(25) 44°19.13′ N. lat., 124°19.22′ W.
long.;
(26) 44°15.35′ N. lat., 124°17.37′ W.
long.;
(27) 44°14.38′ N. lat., 124°17.78′ W.
long.;
(28) 44°12.80′ N. lat., 124°17.18′ W.
long.;
(29) 44°09.23′ N. lat., 124°15.96′ W.
long.;
(30) 44°08.38′ N. lat., 124°16.80′ W.
long.;
(31) 44°08.30′ N. lat., 124°16.75′ W.
long.;
(32) 44°01.18′ N. lat., 124°15.42′ W.
long.;
(33) 43°51.60′ N. lat., 124°14.68′ W.
long.;
(34) 43°42.66′ N. lat., 124°15.46′ W.
long.;
(35) 43°40.49′ N. lat., 124°15.74′ W.
long.;
(36) 43°38.77′ N. lat., 124°15.64′ W.
long.;
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(37) 43°34.52′ N. lat., 124°16.73′ W.
long.;
(38) 43°28.82′ N. lat., 124°19.52′ W.
long.;
(39) 43°23.91′ N. lat., 124°24.28′ W.
long.;
(40) 43°20.83′ N. lat., 124°26.63′ W.
long.;
(41) 43°17.96′ N. lat., 124°28.81′ W.
long.;
(42) 43°16.75′ N. lat., 124°28.42′ W.
long.;
(43) 43°13.98′ N. lat., 124°31.99′ W.
long.;
(44) 43°13.71′ N. lat., 124°33.25′ W.
long.;
(45) 43°12.26′ N. lat., 124°34.16′ W.
long.;
(46) 43°10.96′ N. lat., 124°32.34′ W.
long.;
(47) 43°05.65′ N. lat., 124°31.52′ W.
long.;
(48) 42°59.66′ N. lat., 124°32.58′ W.
long.;
(49) 42°54.97′ N. lat., 124°36.99′ W.
long.;
(50) 42°53.81′ N. lat., 124°38.58′ W.
long.;
(51) 42°50.00′ N. lat., 124°39.68′ W.
long.;
(52) 42°49.14′ N. lat., 124°39.92′ W.
long.;
(53) 42°46.47′ N. lat., 124°38.65′ W.
long.;
(54) 42°45.60′ N. lat., 124°39.04′ W.
long.;
(55) 42°44.79′ N. lat., 124°37.96′ W.
long.;
(56) 42°45.00′ N. lat., 124°36.39′ W.
long.;
(57) 42°44.14′ N. lat., 124°35.16′ W.
long.;
(58) 42°42.15′ N. lat., 124°32.82′ W.
long.; and
(59) 42°40.50′ N. lat., 124°31.98′ W.
long.;
(2) The second season (spring season),
which is for the ‘‘all-depth’’ fishery, is
open on May 11, 12, 13, 18, 19, 20, 25,
26, 27, and June 1, 2, 3, 8, 9, 10. The
projected catch for this season is
175,474 lb (80 mt). If sufficient
unharvested catch remains for
additional fishing days, the season will
re-open. Dependent on the amount of
unharvested catch available, the
potential season re-opening dates will
be: June 22, 23, 24, and July 6, 7, 8, 20,
21, 22. If NMFS decides inseason to
allow fishing on any of these re-opening
dates, notice of the re-opening will be
announced on the NMFS hotline (206)
526–6667 or (800) 662–9825. No halibut
fishing will be allowed on the reopening dates unless the date is
announced on the NMFS hotline.
(3) If sufficient unharvested catch
remains, the third season (summer
season), which is for the ‘‘all-depth’’
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16:36 Mar 02, 2006
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fishery, will be open on August 4, 5, 6,
18, 19, 20, September 1, 2, 3, 15, 16, 17,
29, 30, and October 1, 13, 14, 15, 27, 28,
29, or until the combined spring season
and summer season quotas in the area
between Cape Falcon and Humbug
Mountain, Oregon, totaling 233,965 lb
(106 mt), are estimated to have been
taken and the area is closed by the
Commission, or October 31, whichever
is earlier. NMFS will announce on the
NMFS hotline in July if the fishery will
re-open for the summer season in
August. No halibut fishing will be
allowed in the summer season fishery
unless the dates are announced on the
NMFS hotline. Additional fishing days
may be opened if a certain amount of
quota remains after August 6 and
September 3. If after August 6, greater
than or equal to 60,000 lb (27.2 mt)
remains in the combined all-depth and
inside 40-fm (73-m) quota, the fishery
may re-open every Friday through
Sunday, beginning August 11–13, and
ending October 27–29. If after
September 3, greater than or equal to
30,000 lb (13.6 mt) remains in the
combined all-depth and inside 40-fm
(73-m) quota, and the fishery is not
already open every Friday through
Sunday, the fishery may re-open every
Friday through Sunday, beginning
September 8–10, and ending October
27–29 and may have a bag limit of two
fish of any size per person, per day.
NMFS will announce on the NMFS
hotline whether the summer all-depth
fishery will be open on such additional
fishing days, days the fishery will be
open, and the bag limit.
(B) The daily bag limit is one halibut
of any size per day per person, unless
otherwise specified. NMFS will
announce on the NMFS hotline any bag
limit changes.
(C) During days open to all-depth
halibut fishing, no Pacific Coast
groundfish may be taken and retained,
possessed or landed, except sablefish
when allowed by Pacific Coast
groundfish regulations, if halibut are on
board the vessel.
(D) When the all-depth halibut fishery
is closed and halibut fishing is
permitted only shoreward of a boundary
line approximating the 40-fm (73-m)
depth contour, halibut possession and
retention by vessels operating seaward
of a boundary line approximating the
40-fm (73-m) depth contour is
prohibited.
(E) A yelloweye rockfish conservation
area off central Oregon, near Stonewall
Bank, is closed to sport fishing for
halibut. This area is defined by straight
lines connecting all of the following
points in the order listed:
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(1) 44°37.46 N. lat.; 124°24.92′ W.
long.;
(2) 44°37.46 N. lat.; 124°23.63′ W.
long.;
(3) 44°28.71 N. lat.; 124°21.80′ W.
long.;
(4) 44°28.71 N. lat.; 124°24.10′ W.
long.;
(5) 44°31.42 N. lat.; 124°25.47′ W.
long.;
(6) and connecting back to 44°37.46′
N. lat.; 124°24.92′ W. long.
(vi) In the area south of Humbug
Mountain, Oregon (42°40.50′ N. lat.) and
off the California coast, there is no
quota. This area is managed on a season
that is projected to result in a catch of
8,293 lb (3.8 mt).
(A) The fishing season will commence
on May 1 and continue 7 days a week
until October 31.
(B) The daily bag limit is one halibut
of any size per day per person.
(c) The Commission shall determine
and announce closing dates to the
public for any area in which the catch
limits promulgated by NMFS are
estimated to have been taken.
(d) When the Commission has
determined that a subquota under
paragraph (4)(b) of this section is
estimated to have been taken, and has
announced a date on which the season
will close, no person shall sport fish for
halibut in that area after that date for the
rest of the year, unless a reopening of
that area for sport halibut fishing is
scheduled in accordance with the Catch
Sharing Plan for Area 2A, or announced
by the Commission.
(5) Any minimum overall size limit
promulgated under IPHC or NMFS
regulations shall be measured in a
straight line passing over the pectoral
fin from the tip of the lower jaw with
the mouth closed, to the extreme end of
the middle of the tail.
(6) No person shall fillet, mutilate, or
otherwise disfigure a halibut in any
manner that prevents the determination
of minimum size or the number of fish
caught, possessed, or landed.
(7) The possession limit for halibut in
the waters off the coast of Alaska is two
daily bag limits.
(8) The possession limit for halibut in
the waters off the coast of British
Columbia is three halibut.
(9) The possession limit on a vessel
for halibut in the waters off the coast of
Washington is the same as the daily bag
limit.
(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.
(11) The possession limit on a vessel
for halibut caught in the waters off the
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10861
be included in the daily bag limit of the
person catching the halibut.
(15) No person shall be in possession
of halibut on a vessel while fishing in
a closed area.
(16) No halibut caught by sport
fishing shall be offered for sale, sold,
traded, or bartered.
(17) 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.
(18) The operator of a charter vessel
shall be liable for any violations of these
regulations committed by a passenger
aboard said vessel.
Classification
Administrative Procedure Act (APA), 5
U.S.C. 553, are inapplicable to this
notice of the effectiveness and content
of the IPHC regulations because this
regulation involves a foreign affairs
function of the United States, 5 U.S.C.
553(a)(1). Furthermore, no other law
requires prior notice and public
comment for this final rule. Because
prior notice and an opportunity for
public comment are not required to be
provided for these portions of this rule
by 5 U.S.C. 553, or any other law, the
analytical requirements of the
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These regulations shall supersede all
previous regulations of the Commission,
and these regulations shall be effective
each succeeding year until superseded.
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ER03MR06.003
IPHC Regulations
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
The notice-and-comment and delayin-effectiveness date requirements of the
26. Previous Regulations Superseded
ER03MR06.002
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coast of Oregon and California is the
same as the daily bag limit.
(12) The possession limit for halibut
on land in Oregon is three daily bag
limits.
(13) The possession limit for halibut
on land in California is two daily bag
limits.
(14) Any halibut brought aboard a
vessel and not immediately returned to
the sea with a minimum of injury will
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Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.
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Catch Sharing Plan for Area 2A
This action has been determined to be
not significant for purposes of Executive
Order 12866.
The AA finds good cause to waive the
requirement to provide a 30-day delay
in effectiveness (5 U.S.C. 553(d))
because it is contrary to the public
interest to delay the effectiveness date of
this rule for 30 days. This final rule
must be made effective for the opening
of the 2006 Pacific halibut fishing
season on March 5, 2006. Delaying the
opening of the fishing season is contrary
to the public interest because it would
cause unnecessary economic burden on
fishery participants due to loss of
fishing opportunity. Because the annual
quotas and management measures are
ultimately determined by an
international commission, the IPHC, the
AA is constrained and cannot publish
the final rule until after the IPHC has
adopted the annual quotas and
management measures for the year.
NMFS’s implementation of the CSP in
Area 2A could not begin until after
January 20, 2006, when the IPHC
adopted annual quotas and management
measures for 2006. There was not
enough time between when the IPHC
adopted the annual quotas and
management measures for 2006 and the
scheduled March 5, 2006, start of the
fishing season to publish the regulations
in the Federal Register with enough
time for a 30-day delay in effectiveness.
NMFS prepared a final regulatory
flexibility analysis (FRFA) for this
action. An FRFA incorporates the Initial
Regulatory Flexibility Analysis (IRFA), a
summary of the significant issues raised
by the public comments in response to
the IRFA, if any, and NMFS responses
to those comments, and a summary of
the analyses completed to support the
action. A copy of this analysis is
available from the NMFS Northwest
Region (see ADDRESSES) and a summary
of the FRFA follows:
This final rule is needed to implement
the CSP and annual domestic
management measures in Area 2A. The
main objective for the Pacific halibut
fishery in Area 2A is to manage the
fisheries to remain within the TAC for
Area 2A, while also allowing each
commercial, recreational, and tribal
fishery to target halibut in the manner
most appropriate for the users’ needs
within that fishery. This rule is
intended to enhance the conservation of
Pacific halibut, to protect yelloweye
rockfish and other overfished species
from incidental catch in the halibut
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fisheries, and to provide greater angler
opportunity where available.
The agency received three letters of
comment on the proposed rule, but
none of the comments received
addressed the IRFA.
In determining the potential universe
of entities subject to this rule, NMFS
considered those entities to which this
rule applies. Although many small and
large nonprofit enterprises track
fisheries management issues on the
West Coast, the changes to the Plan and
annual management measures will not
directly affect those enterprises.
Similarly, although many fishing
communities are small governmental
jurisdictions, no direct regulations for
those governmental jurisdictions will
result from this rule. However,
charterboat operations and participants
off the coasts of Washington and Oregon
are small businesses that are directly
regulated and affected by changes made
by this rule.
Approximately 750 vessels were
issued IPHC licenses to retain halibut in
2005. IPHC issues licenses for: the
directed non-tribal commercial fishery
in Area 2A, including licenses issued to
retain halibut caught incidentally in the
primary sablefish fishery (215 licenses
in 2005); incidental halibut caught in
the salmon troll fishery (392 licenses in
2005); and the charterboat fleet (148
licenses issued in 2005). No vessel may
participate in more than one of these
three separate fisheries per year.
Individual recreational anglers and
private boats are the only participants
not required to have an IPHC license to
retain halibut.
Specific data on the economics of
halibut charter operations is
unavailable. However, in January 2004,
the Pacific States Marine Fisheries
Commission (Commission) completed a
report on the overall West Coast
charterboat fleet. In surveying
charterboat vessels concerning their
operations in 2000, the Commission
estimated that there were about 315
charterboat vessels in operation off
Washington and Oregon. Compared
with the 148 IPHC licenses in 2005, this
estimate suggests that approximately 45
percent of the charterboat fleet
participates in the halibut fishery. The
Commission has developed preliminary
estimates of the annual revenues earned
by this fleet and they vary by size class
of the vessels and home state. Small
charterboat vessels range from 15 to 30
ft (4.572 to 9.144 m), and typically carry
5 to 6 passengers. Medium charterboat
vessels range from 31 to 49 ft (9.44 to
14.93 m) in length and typically carry
19 to 20 passengers. (Neither state has
large vessels of greater than 49 ft (14.93
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m) in their fleet.) Average annual
revenues from all types of recreational
fishing, whalewatching and other
activities ranged from $7,000 for small
Oregon vessels to $131,000 for medium
Washington vessels. These data confirm
that charterboat vessels qualify as small
entities under the Regulatory Flexibility
Act (RFA).
For each of the 2006 revisions, NMFS
is implementing a CSP or regulatory
revision intended to improve flexibility
for anglers, or to improve enforceability
of halibut regulations. The changes to
the CSP and annual domestic Area 2A
management measures are expected to
result in either no impact at all, or a
modest increase in fishing opportunity
for commercial and sport halibut
fishermen and operators. The 2006 sport
fishery management measures
implement the CSP by managing the
recreational fishery to meet the differing
fishery needs of the various areas along
the coast according to the CSP’s
objectives. The commercial fishery
management measures will allow the
fishery access to a portion of the Area
2A TAC while protecting overfished
rockfish species that co-occur with
halibut. The measures will be very
similar to last year’s management
measures. The changes to the CSP and
domestic management measures are
minor changes and are intended to
increase flexibility in management and
opportunity to harvest available quota.
There are no large entities involved in
the halibut fisheries; therefore, none of
the changes to the CSP and domestic
management measures will have a
disproportionate negative effect on
small entities versus large entities. None
of these changes to the CSP will
significantly reduce profitability for
small entities. In fact, increasing
opportunity to harvest available quota
and increasing the area available to
fishing may increase profitability for
some small entities along the West
Coast.
This final rule does not impose any
new reporting or recordkeeping
requirements. This final rule will also
not duplicate, overlap, or conflict with
other laws or regulations. Consequently,
these changes to the CSP and annual
domestic Area 2A halibut management
measures do not meet any of the RFA
tests of having a ‘‘significant’’ economic
impact on a ‘‘substantial number’’ of
small entities.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
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the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of halibut
management in Area 2A, NMFS
maintains a toll-free telephone hotline
where members of the public may call
in to receive current information on
seasons and requirements to participate
in the halibut fisheries in Area 2A. This
hotline also serves as small entity
compliance guide. Copies of this final
rule are available from the NMFS
Northwest Regional Office upon request
(See ADDRESSES). To hear the small
entity compliance guide associated with
this final rule, call the NMFS hotline at
800–662–9825.
Pursuant to Executive Order 13175,
the Secretary recognizes the sovereign
status and co-manager role of Indian
tribes over shared Federal and tribal
fishery resources. At section 305(b)(5),
the Magnuson-Stevens Fishery
Conservation and Management Act
establishes a seat on the Pacific Council
for a representative of an Indian tribe
with federally recognized fishing rights
from California, Oregon, Washington, or
Idaho. The U.S. Government formally
recognizes that the 12 Washington
Tribes have treaty rights to fish for
Pacific halibut. In general terms, the
quantification of those rights is 50
percent of the harvestable surplus of
Pacific halibut available in the tribes’
usual and accustomed fishing areas
(described at 50 CFR 300.64). Each of
the treaty tribes has the discretion to
administer their fisheries and to
establish their own policies to achieve
program objectives. Accordingly, tribal
allocations and regulations, including
the proposed changes to the CSP, have
been developed in consultation with the
affected tribe(s) and, insofar as possible,
with tribal consensus.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and
recordkeeping requirements, Treaties.
Dated: February 28, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300 is amended
as follows:
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I
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for part 300
continues to read as follows:
I
Authority: 16 U.S.C. 773 et seq.
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2. In § 300.63, paragraph (b)(3) is
revised, and paragraphs (c) through (g)
are added to read as follows:
I
§ 300.63 Catch sharing plan and domestic
management measures in Area 2A.
*
*
*
*
*
(b) * * *
(3) A portion of the Area 2A
Washington recreational TAC is
allocated as incidental catch in the
primary directed longline sablefish
fishery north of 46°53.30′ N. lat, (Pt.
Chehalis, Washington), which is
regulated under 50 CFR 660.372. This
fishing opportunity is only available in
years in which the Area 2A TAC is
greater than 900,000 lb (408.2 mt,)
provided that a minimum of 10,000 lb
(4.5 mt) is available above a Washington
recreational TAC of 214,100 lb (97.1
mt). Each year that this harvest is
available, the landing restrictions
necessary to keep this fishery within its
allocation will be recommended by the
Pacific Fishery Management Council at
its spring meetings, and will be
published in the Federal Register.
These restrictions will be designed to
ensure the halibut harvest is incidental
to the sablefish harvest and will be
based on the amounts of halibut and
sablefish available to this fishery, and
other pertinent factors. The restrictions
may include catch or landing ratios,
landing limits, or other means to control
the rate of halibut landings.
(i) In years when this incidental
harvest of halibut in the directed
sablefish fishery north of 46°53.30′ N.
lat. is allowed, it is allowed only for
vessels using longline gear that are
registered to groundfish limited entry
permits with sablefish endorsements
and that possess the appropriate
incidental halibut harvest license issued
by the Commission.
(ii) It is unlawful for any person to
possess, land or purchase halibut south
of 46°53.30′ N. lat. that were taken and
retained as incidental catch authorized
by this section in the directed longline
sablefish fishery.
*
*
*
*
*
(c) Flexible Inseason Management
Provisions for Sport Halibut Fisheries in
Area 2A.
(1) The Regional Administrator,
NMFS Northwest Region, after
consultation with the Chairman of the
Pacific Fishery Management Council,
the Commission Executive Director, and
the Fisheries Director(s) of the affected
state(s), or their designees, is authorized
to modify regulations during the season
after making the following
determinations:
(i) The action is necessary to allow
allocation objectives to be met.
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10863
(ii) The action will not result in
exceeding the catch limit for the area.
(iii) If any of the sport fishery
subareas north of Cape Falcon, Oregon
are not projected to utilize their
respective quotas by September 30,
NMFS may take inseason action to
transfer any projected unused quota to
another Washington sport subarea.
(iv) If any of the sport fishery subareas
south of Leadbetter Point, Washington,
are not projected to utilize their
respective quotas by their season ending
dates, NMFS may take inseason action
to transfer any projected unused quota
to another Oregon sport subarea.
(2) Flexible inseason management
provisions include, but are not limited
to, the following:
(i) Modification of sport fishing
periods;
(ii) Modification of sport fishing bag
limits;
(iii) Modification of sport fishing size
limits;
(iv) Modification of sport fishing days
per calendar week; and
(v) Modification of subarea quotas
north of Cape Falcon, Oregon.
(3) Notice procedures. (i) Actions
taken under this section will be
published in the Federal Register.
(ii) 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
October) 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. (i) 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.
(ii) If time allows, NMFS will invite
public comment prior to the effective
date of any inseason action filed with
the Federal Register. If the Regional
Administrator determines, for good
cause, that an inseason action must be
filed without affording a prior
opportunity for public comment, public
comments will be received for a period
of 15 days after publication of the action
in the Federal Register.
(iii) Any inseason action issued under
this section will remain in effect until
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the stated expiration date or until
rescinded, modified, or superseded.
However, no inseason action has any
effect beyond the end of the calendar
year in which it is issued.
(5) Availability of data. The Regional
Administrator will compile, in aggregate
form, all data and other information
relevant to the action being taken and
will make them available for public
review during normal office hours at the
Northwest Regional Office, NMFS,
Sustainable Fisheries Division, 7600
Sand Point Way NE, Seattle,
Washington.
(d) 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:
(i) The sport fishery under Section 24
of the annual domestic management
measures and IPHC regulations;
(ii) The commercial directed fishery
for halibut during the fishing period(s)
established in section 8 of the annual
domestic management measures and
IPHC regulations and/or the incidental
retention of halibut during the primary
sablefish fishery described at 50 CFR
660.372; or
(iii) The incidental catch fishery
during the salmon troll fishery as
authorized in section 8 of the annual
domestic management measures and
IPHC regulations.
(2) No person shall fish for halibut in
the sport fishery in Area 2A under
section 24 of the annual domestic
management measures and IPHC
regulations 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 commercial halibut fishery
during the fishing periods established in
section 8 of the annual domestic
management measures and IPHC
regulations and/or retain halibut
incidentally taken in the primary
sablefish fishery in Area 2A from a
vessel that has been used during the
same calendar year for the incidental
catch fishery during the salmon troll
fishery as authorized in Section 8 of the
annual domestic management measures
and IPHC regulations.
(4) No person shall fish for halibut in
the directed commercial halibut fishery
and/or retain halibut incidentally taken
in the primary sablefish fishery in Area
2A from a vessel that, during the same
calendar year, has been used in the
sport halibut fishery in Area 2A or that
is licensed for the sport charter halibut
fishery in Area 2A.
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(5) No person shall retain halibut in
the salmon troll fishery in Area 2A as
authorized under section 8 of the annual
domestic management measures and
IPHC regulations taken on a vessel that,
during the same calendar year, has been
used in the sport halibut fishery in Area
2A, or that is licensed for the sport
charter halibut fishery in Area 2A.
(6) No person shall retain halibut in
the salmon troll fishery in Area 2A as
authorized under section 8 of the annual
domestic management measures and
IPHC regulations taken on a vessel that,
during the same calendar year, has been
used in the directed commercial halibut
fishery during the fishing periods
established in Section 8 of the annual
domestic management measures and
IPHC regulations and/or retained
halibut incidentally taken in the
primary sablefish fishery for Area 2A or
that is licensed to participate in these
commercial fisheries during the fishing
periods established in Section 8 of the
annual domestic management measures
and IPHC regulations in Area 2A.
(e) Area 2A Non-Treaty Commercial
Fishery Closed Areas. Non-treaty
commercial vessels operating in the
directed commercial fishery for halibut
in Area 2A are required to fish outside
of a closed area, known as the Rockfish
Conservation Area (RCA), that extends
along the coast from the U.S./Canada
border south to 40°10′ N. lat. Between
the U.S./Canada border and 46°16′ N.
lat., the eastern boundary of the RCA is
the shoreline. Between 46°16′ N. lat. and
40°10′ N. lat., the RCA is defined along
an eastern boundary approximating the
30-fm (55-m) depth contour.
Coordinates for the 30-fm (55-m)
boundary are listed at § 300.63 (f).
Between the U.S./Canada border and
40°10′ N. lat., the RCA is defined along
a western boundary approximating the
100-fm (183-m) depth contour.
Coordinates for the 100-fm (183-m)
boundary are listed at § 300.63 (g).
(f) The 30-fm (55-m) depth contour
between 46°16′ N. lat. and 40°10′ N. lat.
is defined by straight lines connecting
all of the following points in the order
stated:
(1) 46°16.00′ N. lat., 124°13.05′ W.
long.;
(2) 46°07.00′ N. lat., 124°07.01′ W.
long.;
(3) 45°55.95′ N. lat., 124°02.23′ W.
long.;
(4) 45°54.53′ N. lat., 124°02.57′ W.
long.;
(5) 45°50.65′ N. lat., 124°01.62′ W.
long.;
(6) 45°48.20′ N. lat., 124°02.16′ W.
long.;
(7) 45°46.00′ N. lat., 124°01.86′ W.
long.;
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(8) 45°43.47′ N. lat., 124°01.28′ W.
long.;
(9) 45°40.48′ N. lat., 124°01.03′ W.
long.;
(10) 45°39.04′ N. lat., 124°01.68′ W.
long.;
(11) 45°35.48′ N. lat., 124°01.89′ W.
long.;
(12) 45°29.81′ N. lat., 124°02.45′ W.
long.;
(13) 45°27.96′ N. lat., 124°01.89′ W.
long.;
(14) 45°27.22′ N. lat., 124°02.67′ W.
long.;
(15) 45°24.20′ N. lat., 124°02.94′ W.
long.;
(16) 45°20.60′ N. lat., 124°01.74′ W.
long.;
(17) 45°20.25′ N. lat., 124°01.85′ W.
long.;
(18) 45°16.44′ N. lat., 124°03.22′ W.
long.;
(19) 45°13.63′ N. lat., 124°02.70′ W.
long.;
(20) 45°11.04′ N. lat., 124°03.59′ W.
long.;
(21) 45°08.55′ N. lat., 124°03.47′ W.
long.;
(22) 45°02.82′ N. lat., 124°04.64′ W.
long.;
(23) 45°03.38′ N. lat., 124°04.79′ W.
long.;
(24) 44°58.06′ N. lat., 124°05.03′ W.
long.;
(25) 44°53.97′ N. lat., 124°06.92′ W.
long.;
(26) 44°48.89′ N. lat., 124°07.04′ W.
long.;
(27) 44°46.94′ N. lat., 124°08.25′ W.
long.;
(28) 44°42.72′ N. lat., 124°08.98′ W.
long.;
(29) 44°38.16′ N. lat., 124°11.48′ W.
long.;
(30) 44°33.38′ N. lat., 124°11.54′ W.
long.;
(31) 44°28.51′ N. lat., 124°12.03′ W.
long.;
(32) 44°27.65′ N. lat., 124°12.56′ W.
long.;
(33) 44°19.67′ N. lat., 124°12.37′ W.
long.;
(34) 44°10.79′ N. lat., 124°12.22′ W.
long.;
(35) 44°09.22′ N. lat., 124°12.28′ W.
long.;
(36) 44°08.30′ N. lat., 124°12.30′ W.
long.;
(37) 44°00.22′ N. lat., 124°12.80′ W.
long.;
(38) 43°51.56′ N. lat., 124°13.17′ W.
long.;
(39) 43°44.26′ N. lat., 124°14.50′ W.
long.;
(40) 43°33.82′ N. lat., 124°16.28′ W.
long.;
(41) 43°28.66′ N. lat., 124°18.72′ W.
long.;
(42) 43°23.12′ N. lat., 124°24.04′ W.
long.;
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(43) 43°20.83′ N. lat., 124°25.67′ W.
long.;
(44) 43°20.49′ N. lat., 124°25.90′ W.
long.;
(45) 43°16.41′ N. lat., 124°27.52′ W.
long.;
(46) 43°14.23′ N. lat., 124°29.28′ W.
long.;
(47) 43°14.03′ N. lat., 124°28.31′ W.
long.;
(48) 43°11.92′ N. lat., 124°28.26′ W.
long.;
(49) 43°11.02′ N. lat., 124°29.11′ W.
long.;
(50) 43°10.13′ N. lat., 124°29.15′ W.
long.;
(51) 43°09.27′ N. lat., 124°31.03′ W.
long.;
(52) 43°07.73′ N. lat., 124°30.92′ W.
long.;
(53) 43°05.93′ N. lat., 124°29.64′ W.
long.;
(54) 43°01.59′ N. lat., 124°30.64′ W.
long.;
(55) 42°59.73′ N. lat., 124°31.16′ W.
long.;
(56) 42°53.75′ N. lat., 124°36.09′ W.
long.;
(57) 42°50.00′ N. lat., 124°38.39′ W.
long.;
(58) 42°49.37′ N. lat., 124°38.81′ W.
long.;
(59) 42°46.42′ N. lat., 124°37.69′ W.
long.;
(60) 42°46.07′ N. lat., 124°38.56′ W.
long.;
(61) 42°45.29′ N. lat., 124°37.95′ W.
long.;
(62) 42°45.61′ N. lat., 124°36.87′ W.
long.;
(63) 42°44.28′ N. lat., 124°33.64′ W.
long.;
(64) 42°42.75′ N. lat., 124°31.84′ W.
long.;
(65) 42°40.50′ N. lat., 124°29.67′ W.
long.;
(66) 42°40.04′ N. lat., 124°29.19′ W.
long.;
(67) 42°38.09′ N. lat., 124°28.39′ W.
long.;
(68) 42°36.72′ N. lat., 124°27.54′ W.
long.;
(69) 42°36.56′ N. lat., 124°28.40′ W.
long.;
(70) 42°35.76′ N. lat., 124°28.79′ W.
long.;
(71) 42°34.03′ N. lat., 124°29.98′ W.
long.;
(72) 42°34.19′ N. lat., 124°30.58′ W.
long.;
(73) 42°31.27′ N. lat., 124°32.24′ W.
long.;
(74) 42°27.07′ N. lat., 124°32.53′ W.
long.;
(75) 42°24.21′ N. lat., 124°31.23′ W.
long.;
(76) 42°20.47′ N. lat., 124°28.87′ W.
long.;
(77) 42°14.60′ N. lat., 124°26.80′ W.
long.;
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(78) 42°13.67′ N. lat., 124°26.25′ W.
long.;
(79) 42°10.90′ N. lat., 124°24.57′ W.
long.;
(80) 42°07.04′ N. lat., 124°23.35′ W.
long.;
(81) 42°02.16′ N. lat., 124°22.59′ W.
long.;
(82) 42°00.00′ N. lat., 124°21.81′ W.
long.;
(83) 41°55.75′ N. lat., 124°20.72′ W.
long.;
(84) 41°50.93′ N. lat., 124°23.76′ W.
long.;
(85) 41°42.53′ N. lat., 124°16.47′ W.
long.;
(86) 41°37.20′ N. lat., 124°17.05′ W.
long.;
(87) 41°24.58′ N. lat., 124°10.51′ W.
long.;
(88) 41°20.73′ N. lat., 124°11.73′ W.
long.;
(89) 41°17.59′ N. lat., 124°10.66′ W.
long.;
(90) 41°04.54′ N. lat., 124°14.47′ W.
long.;
(91) 40°54.26′ N. lat., 124°13.90′ W.
long.;
(92) 40°40.31′ N. lat., 124°26.24′ W.
long.;
(93) 40°34.00′ N. lat., 124°27.39′ W.
long.;
(94) 40°30.00′ N. lat., 124°31.32′ W.
long.;
(95) 40°28.89′ N. lat., 124°32.43′ W.
long.;
(96) 40°24.77′ N. lat., 124°29.51′ W.
long.;
(97) 40°22.47′ N. lat., 124°24.12′ W.
long.;
(98) 40°19.73′ N. lat., 124°23.59′ W.
long.;
(99) 40°18.64′ N. lat., 124°21.89′ W.
long.;
(100) 40°17.67′ N. lat., 124°23.07′ W.
long.;
(101) 40°15.58′ N. lat., 124°23.61′ W.
long.;
(102) 40°13.42′ N. lat., 124°22.94′ W.
long.; and
(103) 40°10.00′ N. lat., 124°16.65′ W.
long.
(g) The 100-fm (183-m) depth contour
between the U.S./Canada border and
40°10′ N. lat. is defined by straight lines
connecting all of the following points in
the order stated:
(1) 48°15.00′ N. lat., 125°41.00′ W.
long.;
(2) 48°14.00′ N. lat., 125°36.00′ W.
long.;
(3) 48°09.50′ N. lat., 125°40.50′ W.
long.;
(4) 48°08.00′ N. lat., 125°38.00′ W.
long.;
(5) 48°05.00′ N. lat., 125°37.25′ W.
long.;
(6) 48°02.60′ N. lat., 125°34.70′ W.
long.;
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(7) 47°59.00′ N. lat., 125°34.00′ W.
long.;
(8) 47°57.26′ N. lat., 125°29.82′ W.
long.;
(9) 47°59.87′ N. lat., 125°25.81′ W.
long.;
(10) 48°01.80′ N. lat., 125°24.53′ W.
long.;
(11) 48°02.08′ N. lat., 125°22.98′ W.
long.;
(12) 48°02.97′ N. lat., 125°22.89′ W.
long.;
(13) 48°04.47′ N. lat., 125°21.75′ W.
long.;
(14) 48°06.11′ N. lat., 125°19.33′ W.
long.;
(15) 48°07.95′ N. lat., 125°18.55′ W.
long.;
(16) 48°09.00′ N. lat., 125°18.00′ W.
long.;
(17) 48°11.31′ N. lat., 125°17.55′ W.
long.;
(18) 48°14.60′ N. lat., 125°13.46′ W.
long.;
(19) 48°16.67′ N. lat., 125°14.34′ W.
long.;
(20) 48°18.73′ N. lat., 125°14.41′ W.
long.;
(21) 48°19.67′ N. lat., 125°13.70′ W.
long.;
(22) 48°19.70′ N. lat., 125°11.13′ W.
long.;
(23) 48°22.95′ N. lat., 125°10.79′ W.
long.;
(24) 48°21.61′ N. lat., 125°02.54′ W.
long.;
(25) 48°23.00′ N. lat., 124°49.34′ W.
long.;
(26) 48°17.00′ N. lat., 124°56.50′ W.
long.;
(27) 48°06.00′ N. lat., 125°00.00′ W.
long.;
(28) 48°04.62′ N. lat., 125°01.73′ W.
long.;
(29) 48°04.84′ N. lat., 125°04.03′ W.
long.;
(30) 48°06.41′ N. lat., 125°06.51′ W.
long.;
(31) 48°06.00′ N. lat., 125°08.00′ W.
long.;
(32) 48°07.08′ N. lat., 125°09.34′ W.
long.;
(33) 48°07.28′ N. lat., 125°11.14′ W.
long.;
(34) 48°03.45′ N. lat., 125°16.66′ W.
long.;
(35) 47°59.50′ N. lat., 125°18.88′ W.
long.;
(36) 47°58.68′ N. lat., 125°16.19′ W.
long.;
(37) 47°56.62′ N. lat., 125°13.50′ W.
long.;
(38) 47°53.71′ N. lat., 125°11.96′ W.
long.;
(39) 47°51.70′ N. lat., 125°09.38′ W.
long.;
(40) 47°49.95′ N. lat., 125°06.07′ W.
long.;
(41) 47°49.00′ N. lat., 125°03.00′ W.
long.;
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(42) 47°46.95′ N. lat., 125°04.00′ W.
long.;
(43) 47°46.58′ N. lat., 125°03.15′ W.
long.;
(44) 47°44.07′ N. lat., 125°04.28′ W.
long.;
(45) 47°43.32′ N. lat., 125°04.41′ W.
long.;
(46) 47°40.95′ N. lat., 125°04.14′ W.
long.;
(47) 47°39.58′ N. lat., 125°04.97′ W.
long.;
(48) 47°36.23′ N. lat., 125°02.77′ W.
long.;
(49) 47°34.28′ N. lat., 124°58.66′ W.
long.;
(50) 47°32.17′ N. lat., 124°57.77′ W.
long.;
(51) 47°30.27′ N. lat., 124°56.16′ W.
long.;
(52) 47°30.60′ N. lat., 124°54.80′ W.
long.;
(53) 47°29.26′ N. lat., 124°52.21′ W.
long.;
(54) 47°28.21′ N. lat., 124°50.65′ W.
long.;
(55) 47°27.38′ N. lat., 124°49.34′ W.
long.;
(56) 47°25.61′ N. lat., 124°48.26′ W.
long.;
(57) 47°23.54′ N. lat., 124°46.42′ W.
long.;
(58) 47°20.64′ N. lat., 124°45.91′ W.
long.;
(59) 47°17.99′ N. lat., 124°45.59′ W.
long.;
(60) 47°18.20′ N. lat., 124°49.12′ W.
long.;
(61) 47°15.01′ N. lat., 124°51.09′ W.
long.;
(62) 47°12.61′ N. lat., 124°54.89′ W.
long.;
(63) 47°08.22′ N. lat., 124°56.53′ W.
long.;
(64) 47°08.50′ N. lat., 124°57.74′ W.
long.;
(65) 47°01.92′ N. lat., 124°54.95′ W.
long.;
(66) 47°01.14′ N. lat., 124°59.35′ W.
long.;
(67) 46°58.48′ N. lat., 124°57.81′ W.
long.;
(68) 46°56.79′ N. lat., 124°56.03′ W.
long.;
(69) 46°58.01′ N. lat., 124°55.09′ W.
long.;
(70) 46°55.07′ N. lat., 124°54.14′ W.
long.;
(71) 46°59.60′ N. lat., 124°49.79′ W.
long.;
(72) 46°58.72′ N. lat., 124°48.78′ W.
long.;
(73) 46°54.45′ N. lat., 124°48.36′ W.
long.;
(74) 46°53.99′ N. lat., 124°49.95′ W.
long.;
(75) 46°54.38′ N. lat., 124°52.73′ W.
long.;
(76) 46°52.38′ N. lat., 124°52.02′ W.
long.;
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(77) 46°48.93′ N. lat., 124°49.17′ W.
long.;
(78) 46°41.50′ N. lat., 124°43.00′ W.
long.;
(79) 46°34.50′ N. lat., 124°28.50′ W.
long.;
(80) 46°29.00′ N. lat., 124°30.00′ W.
long.;
(81) 46°20.00′ N. lat., 124°36.50′ W.
long.;
(82) 46°18.00′ N. lat., 124°38.00′ W.
long.;
(83) 46°17.52′ N. lat., 124°35.35′ W.
long.;
(84) 46°17.00′ N. lat., 124°22.50′ W.
long.;
(85) 46°16.00′ N. lat., 124°20.62′ W.
long.;
(86) 46°13.52′ N. lat., 124°25.49′ W.
long.;
(87) 46°12.17′ N. lat., 124°30.75′ W.
long.;
(88) 46°10.63′ N. lat., 124°37.95′ W.
long.;
(89) 46°09.29′ N. lat., 124°39.01′ W.
long.;
(90) 46°02.40′ N. lat., 124°40.37′ W.
long.;
(91) 45°56.45′ N. lat., 124°38.00′ W.
long.;
(92) 45°51.92′ N. lat., 124°38.49′ W.
long.;
(93) 45°47.19′ N. lat., 124°35.58′ W.
long.;
(94) 45°46.41′ N. lat., 124°32.36′ W.
long.;
(95) 45°46.00′ N. lat., 124°32.10′ W.
long.;
(96) 45°41.75′ N. lat., 124°28.12′ W.
long.;
(97) 45°36.96′ N. lat., 124°24.48′ W.
long.;
(98) 45°31.84′ N. lat., 124°22.04′ W.
long.;
(99) 45°27.10′ N. lat., 124°21.74′ W.
long.;
(100) 45°20.25′ N. lat., 124°18.54′ W.
long.;
(101) 45°18.14′ N. lat., 124°17.59′ W.
long.;
(102) 45°11.08′ N. lat., 124°16.97′ W.
long.;
(103) 45°04.38′ N. lat., 124°18.36′ W.
long.;
(104) 45°03.83′ N. lat., 124°18.60′ W.
long.;
(105) 44°58.05′ N. lat., 124°21.58′ W.
long.;
(106) 44°47.67′ N. lat., 124°31.41′ W.
long.;
(107) 44°44.55′ N. lat., 124°33.58′ W.
long.;
(108) 44°39.88′ N. lat., 124°35.01′ W.
long.;
(109) 44°32.90′ N. lat., 124°36.81′ W.
long.;
(110) 44°30.33′ N. lat., 124°38.56′ W.
long.;
(111) 44°30.04′ N. lat., 124°42.31′ W.
long.;
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(112) 44°26.84′ N. lat., 124°44.91′ W.
long.;
(113) 44°17.99′ N. lat., 124°51.03′ W.
long.;
(114) 44°13.68′ N. lat., 124°56.38′ W.
long.;
(115) 44°08.30′ N. lat., 124°55.99′ W.
long.;
(116) 43°56.67′ N. lat., 124°55.45′ W.
long.;
(117) 43°56.47′ N. lat., 124°34.61′ W.
long.;
(118) 43°42.73′ N. lat., 124°32.41′ W.
long.;
(119) 43°30.93′ N. lat., 124°34.43′ W.
long.;
(120) 43°20.83′ N. lat., 124°39.39′ W.
long.;
(121) 43°17.45′ N. lat., 124°41.16′ W.
long.;
(122) 43°07.04′ N. lat., 124°41.25′ W.
long.;
(123) 43°03.45′ N. lat., 124°44.36′ W.
long.;
(124) 43°03.90′ N. lat., 124°50.81′ W.
long.;
(125) 42°55.70′ N. lat., 124°52.79′ W.
long.;
(126) 42°54.12′ N. lat., 124°47.36′ W.
long.;
(127) 42°50.00′ N. lat., 124°45.33′ W.
long.;
(128) 42°44.00′ N. lat., 124°42.38′ W.
long.;
(129) 42°40.50′ N. lat., 124°41.71′ W.
long.;
(130) 42°38.23′ N. lat., 124°41.25′ W.
long.;
(131) 42°33.03′ N. lat., 124°42.38′ W.
long.;
(132) 42°31.89′ N. lat., 124°42.04′ W.
long.;
(133) 42°30.09′ N. lat., 124°42.67′ W.
long.;
(134) 42°28.28′ N. lat., 124°47.08′ W.
long.;
(135) 42°25.22′ N. lat., 124°43.51′ W.
long.;
(136) 42°19.23′ N. lat., 124°37.92′ W.
long.;
(137) 42°16.29′ N. lat., 124°36.11′ W.
long.;
(138) 42°13.67′ N. lat., 124°35.81′ W.
long.;
(139) 42°05.66′ N. lat., 124°34.92′ W.
long.;
(140) 42°00.00′ N. lat., 124°35.27′ W.
long.;
(141) 41°47.04′ N. lat., 124°27.64′ W.
long.;
(142) 41°32.92′ N. lat., 124°28.79′ W.
long.;
(143) 41°24.17′ N. lat., 124°28.46′ W.
long.;
(144) 41°10.12′ N. lat., 124°20.50′ W.
long.;
(145) 40°51.41′ N. lat., 124°24.38′ W.
long.;
(146) 40°43.71′ N. lat., 124°29.89′ W.
long.;
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(147) 40°40.14′ N. lat., 124°30.90′ W.
long.;
(148) 40°37.35′ N. lat., 124°29.05′ W.
long.;
(149) 40°34.76′ N. lat., 124°29.82′ W.
long.;
(150) 40°36.78′ N. lat., 124°37.06′ W.
long.;
(151) 40°32.44′ N. lat., 124°39.58′ W.
long.;
(152) 40°30.00′ N. lat., 124°38.13′ W.
long.;
(153) 40°24.82′ N. lat., 124°35.12′ W.
long.;
(154) 40°23.30′ N. lat., 124°31.60′ W.
long.;
(155) 40°23.52′ N. lat., 124°28.78′ W.
long.;
(156) 40°22.43′ N. lat., 124°25.00′ W.
long.;
(157) 40°21.72′ N. lat., 124°24.94′ W.
long.;
(158) 40°21.87′ N. lat., 124°27.96′ W.
long.;
(159) 40°21.40′ N. lat., 124°28.74′ W.
long.;
(160) 40°19.68′ N. lat., 124°28.49′ W.
long.;
(161) 40°17.73′ N. lat., 124°25.43′ W.
long.;
(162) 40°18.37′ N. lat., 124°23.35′ W.
long.;
(163) 40°15.75′ N. lat., 124°26.05′ W.
long.;
(164) 40°16.75′ N. lat., 124°33.71′ W.
long.;
(165) 40°16.29′ N. lat., 124°34.36′ W.
long.; and
(166) 40°10.00′ N. lat., 124°21.12′ W.
long.
intent of this final rule is to promote the
development and conservation of the
herring resource.
Effective April 3, 2006, through
December 31, 2006.
DATES:
Copies of supporting
documents, including the
Environmental Assessment, Regulatory
Impact Review, Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA), and
Essential Fish Habitat Assessment are
available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
The specifications document is also
accessible via the Internet at https://
www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis
(FRFA)consists of the IRFA, public
comments and responses contained in
this final rule, and the summary of
impacts and alternatives contained in
this final rule. Copies of the small entity
compliance guide are available from
Patricia A. Kurkul, Regional
Administrator, Northeast Region,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930
2298.
ADDRESSES:
Eric
Jay Dolin, Fishery Policy Analyst, 978–
281–9259, e-mail at
eric.dolin@noaa.gov, fax at 978–281–
9135.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
[FR Doc. 06–2064 Filed 3–2–06; 8:45 am]
Background
BILLING CODE 3510–22–P
[Docket No. 051130316–6047–02; I.D.
110905C]
Proposed 2006 specifications were
published on December 15, 2005 (70 FR
74285), with public comment accepted
through January 17, 2006. These final
specifications are unchanged from those
that were proposed. A complete
discussion of the development of the
specifications appears in the preamble
to the proposed rule and is not repeated
here.
RIN 0648–AT21
2006 Final Initial Specifications
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2006
Specifications
The following specifications are
established by this action: Allowable
biological catch (ABC), optimum yield
(OY), domestic annual harvest (DAH),
domestic annual processing (DAP), total
foreign processing (JVPt), joint venture
processing (JVP), internal waters
processing (IWP), U.S. at-sea processing
(USAP), border transfer (BT), total
allowable level of foreign fishing
(TALFF), and total allowable catch
(TAC) for each management area and
subarea.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600 and 648
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; 2006 Atlantic herring
specifications.
wwhite on PROD1PC65 with RULES
AGENCY:
SUMMARY: NMFS announces final
specifications for the 2006 fishing year
for the Atlantic herring fishery. The
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SPECIFICATIONS AND AREA TACS FOR
THE 2006 ATLANTIC HERRING FISHERY
Specification
ABC
OY
DAH
DAP
JVPt
JVP
IWP
USAP
BT
TALFF
Reserve
TAC - Area 1A
TAC - Area 1B
TAC - Area 2
TAC - Area 3
Allocation (mt)
220,000.
150,000.
150,000.
146,000.
0.
0.
0.
20,000 (Areas 2 and 3
only).
4,000.
0.
0.
60,000 (January 1–May
31, landings cannot
exceed 6,000).
10,000.
30,000 (No Reserve).
50,000.
Comments and Responses
There were four comments received.
Commenters included Garden State
Seafood Association, Atlantic Pelagic
Seafood, one fisherman, and one other
individual.
Comment 1: One commenter
supported setting OY at 180,000 mt, and
TALFF at zero, as recommended last
year by the New England Fishery
Management Council (Council).
Response: Based on past performance
of the fishery, NMFS finds that the
recommendation to set DAH at 150,000
mt is appropriate. TALFF is that portion
of the OY of a fishery that will not be
harvested by vessels of the United
States, thus, TALFF is set at zero.
Comment 2: One commenter stated
that USAP should be set at zero, as the
Council recommended last year.
Response: Setting USAP at zero
would inappropriately favor one
segment of the U.S. processing sector
over another, without any justifiable
reasons. Landings from Areas 2 and 3
(where USAP is being authorized, as in
previous years) have been considerably
lower than the allocated TACs for each
of the past several years. USAP could
provide an additional outlet for U.S.
harvesters, particularly those who
operate vessels that do not have
refrigerated seawater systems (RSW) to
maintain catch quality for delivery to
onshore processors. Such vessels could
offload product to USAP vessels near
the fishing areas, increasing the benefits
to the U.S. industry. Given the
significant gap between the DAH and
recent landings in this fishery, the
allocation of 20,000 mt for USAP should
not restrict either the operation or the
expansion of the shoreside processing
facilities.
E:\FR\FM\03MRR1.SGM
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Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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,
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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