Pacific Halibut Fisheries; Catch Sharing Plan, 11792-11810 [07-1196]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Rules and Regulations]
[Pages 11792-11810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 061229343-7050-02; I.D. 121406A]
RIN 0648-AV03


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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SUMMARY: The Assistant Administrator for Fisheries, NOAA (AA), on 
behalf of the International Pacific Halibut Commission (IPHC), 
publishes annual management measures promulgated as regulations by the 
IPHC and approved by the Secretary of State governing the Pacific 
halibut fishery. The AA also announces modifications to the Catch 
Sharing Plan (CSP) for Area 2A (waters off the U.S. West Coast) and 
implementing regulations for 2007, 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).

DATES: Effective March 10, 2007.

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, NMFS Alaska Region, 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 https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Jay Ginter, 
907-586-7171, e-mail at jay.ginter@noaa.gov; or for waters off the U.S. 
West Coast, Yvonne deReynier, 206-526-6129, e-mail at 
yvonne.dereynier@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2007 under the Convention between the United States and 
Canada for the Preservation of the Halibut Fishery of the North Pacific 
Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 
2, 1953, as amended by a Protocol Amending the Convention signed at 
Washington, D.C., on March 29, 1979. The IPHC regulations have been 
approved by the Secretary of State of the United States under section 4 
of the Northern Pacific Halibut Act (Halibut Act, 16 U.S.C. 773-773k). 
Pursuant to regulations at 50 CFR 300.62, the approved IPHC regulations 
setting forth the 2007 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 2008 management measures, which NMFS will publish in the Federal 
Register.
    The IPHC held its annual meeting in Victoria, British Columbia, 
January 16-19, 2007, and adopted regulations for halibut fisheries in 
2007. The substantive changes to the previous IPHC regulations (71 FR 
10850, March 3, 2006) that affect U.S. fishermen include:
    1. New catch limits in all regulatory areas (areas);
    2. Opening date for commercial fisheries;
    3. A new date by which managers of Community Development Quota 
(CDQ) fishing report sublegal sized halibut to the IPHC;
    4. An allowance to temporarily possess sublegal sized halibut 
caught in commercial fisheries to determine whether their size meets 
the minimum legal size limit before returning the fish to the sea with 
a minimum of injury;
    5. A change to regulations governing sport fishing; and
    6. Adoption of the revised Area 2A CSP.

Catch Limits

    The IPHC recommended catch limits for 2007 to the Governments of 
Canada and the United States totaling 65,170,000 pounds (29,561 metric 
tons (mt)) . This represents a 6.7 percent decrease from the 2006 catch 
limit of 69,860,000 pounds (31,688 mt). The IPHC staff reported on the 
assessment of the Pacific halibut stock in 2006. The assessment 
indicated healthy halibut stocks in Areas 3A through 2A, but indicated 
declines in Areas 3B and throughout Area 4 as shown by lower fishery 
and survey catch rates. Recruitment of 1994 and 1995 year classes 
appeared relatively strong in all areas except Area 4B, which continued 
to demonstrate lower recruitment levels for all year classes. The IPHC 
staff also reported that recoveries of Passive Integrated Transponder 
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 continued 
using an optimum harvest rate of 22.5 percent as the baseline harvest 
rate for Areas 2A, 2B, 2C, and 3A. However, a more conservative harvest 
rate was used in the western areas due to the aforementioned stock 
condition concerns. For Areas 3B and 4A, the IPHC continued using a 
harvest rate of 20 percent in recognition of the continuing trend in 
lower abundance. The IPHC continued using a harvest rate of 15 percent 
for Areas 4B and 4CDE where productivity and recruitment have continued 
to be low as a precautionary measure.

Opening Date for Commercial Fisheries

    The opening date for the tribal commercial fishery in Area 2A and 
for the commercial fisheries in Areas 2B through 4E was set at March 
10, 2007. This date was determined by taking into account the condition 
of tides and timing of the first fresh halibut to retail markets. The 
commercial season closing date for 2007 continues to be November 15. 
Commercial fishing for halibut during this period may start on March 10 
at noon, local time, and end on November 15 at noon, local time. In 
Area 2A, 10-hour non-tribal derby openings will be held on the 
following days, until the quota is taken and the fishery is closed: 
June 27, July 11, July 25, August 8, August 22, September 5, and 
September 19. The commercial season in waters off British Columbia and 
Alaska is longer than it is in Area 2A due to the individual quota 
management policies that govern commercial fishing in and off of 
British Columbia and Alaska.

[[Page 11793]]

Report Date for CDQ Managers

    Current regulations at sec. 7 of the Halibut Act allow persons 
fishing for CDQ halibut in Areas 4D or 4E to retain sublegal sized 
halibut for their personal use provided that they land their total 
annual halibut catch in these areas. In addition, managers of the CDQ 
organizations that authorize CDQ harvest in these areas must report 
annually to the IPHC the total weight and number of undersized halibut 
retained in Area 4D and 4E CDQ fisheries. The IPHC changed the due date 
for this report from December 1 to November 1 to facilitate the 
incorporation of these data in its annual meeting materials.

Sublegal Halibut Possession Allowance

    Current regulations at sec. 14 of the Halibut Act require all 
halibut caught in the commercial fishery for halibut, but that are not 
retained, to be immediately released and returned to the sea with a 
minimum of injury. The IPHC recognized that this rule technically would 
prohibit retaining a halibut on the catcher vessel to determine whether 
it meets the minimum size limit for commercially harvested halibut. 
Hence, the IPHC recommended a regulatory change that would allow the 
temporary possession of a commercially harvested halibut to determine 
its length and if it is of sublegal size, it would be returned to the 
sea with a minimum of injury to enhance its survival potential.

Change to Sport Fishing Regulations off Alaska

    Current regulations prohibit in all areas the filleting, mutilation 
or other disfigurement of sport-caught halibut that would prevent the 
determination of the size or number of halibut possessed or landed. In 
areas in and off of Alaska (Areas 2C through 4E), however, the IPHC 
recommended that this prohibition apply only to halibut on the catcher 
vessel. Once landed or offloaded from the catcher vessel, this 
prohibition would not apply. This change is intended to facilitate the 
processing of sport-caught halibut in Alaska for personal use.

Rejected Sport Fishing Regulations

    The IPHC recommended decreased sport fishing daily bag limits for 
anglers on charter vessels in Areas 2C and 3A from two fish to one fish 
per angler during specific time periods. In Area 2C, the one-fish bag 
limit was recommended to apply to charter vessel anglers from June 15 
through July 30 and in Area 3A from June 15 through June 30. The IPHC 
intended for these reduced bag limits to apply until superseded by 
regulations promulgated by the AA.
    The IPHC took this action because it believed that its management 
goals were at risk by the rapid growth in charter vessel harvest of 
halibut in excess of the NPFMC's guideline harvest level (GHL) for 
charter vessel harvest, especially in Area 2C. The IPHC recognized the 
role of the NPFMC in developing policy and regulations that allocate 
the Pacific halibut resource among fishermen in and off of Alaska, and 
that the NPFMC is actively developing a program to manage the charter 
vessel fishery for halibut. However, the NPFMC management program has 
not yet been recommended to the AA, and if approved, could not be 
implemented before the 2008 charter vessel fishing season. Therefore, 
the IPHC determined that its recommended bag limits in Areas 2C and 3A 
were necessary to prevent further growth in the halibut harvest by 
charter vessel anglers as an immediate but interim measure until the 
NPFMC management program for this fishery can be implemented.
    The United States is unable to accept the IPHC's reduction in the 
daily bag limit for halibut caught from sport charter vessels in Areas 
3A and 2C. These regulatory decisions are more appropriately handled 
through the development and implementation of regulations by domestic 
fisheries management agencies. For Area 3A, the State of Alaska 
Commissioner of Fish and Game (State) issued an emergency order on 
January 26, 2007, prohibiting a sport fishing guide and a sport fishing 
crew member working on a charter vessel in salt waters of Southcentral 
Alaska from retaining fish while clients are onboard the vessel. This 
emergency order will be effective from May 1, 2007, through December 
31, 2007. Also, the emergency order limits the maximum number of lines 
that may be fished from a charter vessel to the number of paying 
clients onboard the vessel. The State estimates that this action will 
reduce the harvest of halibut on charter vessels in Area 3A by 7.7 
percent to 10.6 percent. This reduction in the charter halibut harvest 
in Area 3A likely will be sufficient to maintain it at about the level 
of the GHL because the GHL was exceeded in this area by an estimated 8 
percent to 9 percent in 2006.
    For Area 2C, the IPHC-recommended bag limit reduction would likely 
reduce the estimated charter vessel harvest in 2006 by about 20 percent 
in 2007. Although the recommended one-fish bag limit on charter vessel 
anglers in Area 2C could lower the total charter vessel harvest 
somewhat, the AA has determined that a comparable mortality reduction 
could be achieved by alternative regulations that would minimize 
potential negative economic impacts on the charter vessel industry. 
Hence, the IPHC-recommended reduced bag limits for the charter vessel 
fishery in Area 2C were rejected in favor of substitute alternative 
restrictions which will be implemented through a separate domestic 
regulatory action. The AA's goal in implementing substitute 
restrictions is to reduce sport fishing mortality of halibut in the 
charter fishery sector in Area 2C to a level comparable to the level 
that would be achieved by the IPHC-recommended regulations. The AA 
intends for the substitute restrictions to minimize negative impacts on 
the charter fishery, its sport fishing clients, the coastal communities 
that serve as home ports for this fishery, and on fisheries for other 
species.

Catch Sharing Plan (CSP) for Area 2A

    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.
    For 2007, PFMC recommended changes to the CSP to modify the Pacific 
halibut fisheries in Area 2A in 2007 to (1) constrain the Washington 
North Coast subarea June fishery to two specific nearshore areas on the 
first Tuesday and Thursday following June 17; (2) reopen the Washington 
North Coast subarea June fishery in the entire north coast subarea on 
the first Saturday following June 17; (3) if sufficient quota remains, 
reopen the entire Washington North Coast subarea for one day on the 
first Thursday following June 24, otherwise, reopen the nearshore areas 
on the first Thursday following June 24 for up to four days per week 
(Thursday-

[[Page 11794]]

Sunday) until the quota is taken; (4) set aside 5 percent of the 
Washington South Coast subarea quota for the nearshore fishery once the 
primary fishery has closed; (5) set the Washington South Coast subarea 
nearshore fishery as a 2-day per week fishery, open Fridays and 
Saturdays; (6) implement additional closed areas (Yelloweye Rockfish 
Conservation Areas, or YRCAs) off the coast of Washington that would 
affect commercial and sport halibut fisheries; (7) remove latitude/
longitude coordinates from the CSP but refer to the regulations in 
which they are published to reduce duplication; (8) remove language 
referring to salmon troll fishery July-September season; (9) add a 
definition of the Bonilla-Tatoosh line; and (10) decrease the 
California possession limit on land from two daily limits to one daily 
limit statewide to conform with state regulation. NMFS published a 
proposed rule to implement the PFMC's recommended changes to the CSP, 
and to implement the 2007 Area 2A sport fishing season regulations on 
January 16, 2007 (72 FR 1690).
    This final rule announces approval of revisions to the Area 2A CSP 
and implements the Area 2A CSP and management measures for 2007. These 
halibut management measures are effective until superceded by the 2008 
halibut management measures that will be published in the Federal 
Register.

Comments and Responses

    NMFS accepted comments on the proposed rule to implement the 2007 
Area 2A CSP through February 2, 2007, and received one letter of 
comment from a member of the public, plus one letter of comment apiece 
from Washington Department of Fish and Wildlife (WDFW) and Oregon 
Department of Fish and Wildlife (ODFW), plus one email comment from a 
member of the public. NMFS also received a letter from the United 
States Department of Interior indicating that it had no comments to 
offer.
    Comment 1: The WDFW held a public meeting on January 29, 2007, to 
review the results of the 2006 Puget Sound halibut fishery, and to 
develop season dates for the 2007 sport halibut fishery. Based on the 
2007 Area 2A total allowable catch of 1.34 million lb (607.8 mt) the 
halibut quota for the Puget Sound sport fishery is 65,562 lb (29.7 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 83 FEDs available for the Eastern 
Region and 83.5 FEDs available for the Western Region in 2007. Using 
the CSP's guidance for setting an earlier season for the Eastern Region 
of Puget Sound than for the Western Region, WDFW recommends that the 
regions within the Puget Sound sport halibut fishery will be open as 
follows: Eastern Region to be open April 9 through June 16, 2006; 
Western Region to be open May 24 through August 3, 2006.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates and has implemented them via this final rule.
    Comment 2: The ODFW held a public meeting on January 24, 2007, 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 170,242 lb (77.2 mt) in 2007, based on the IPHC's 2007 
recommendations for Area 2A. Given the relatively constant effort 
pattern in recent years, and the similar catch level in 2007 to that in 
2006, 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. ODFW recommends the 
following days for the Spring fishery, within this sub-area's 
parameters for a Thursday-Saturday season: regular open days of May 10-
12, 17-19, 24-26, and 31, June 1-2, and 7-9; back-up open days of June 
22-23, and July 5-7, and 19-21. For the Summer fishery in this sub-
area, ODFW recommended following the CSP's parameters of opening the 
first Friday in August, with open days to occur every other Friday-
Sunday, unless modified inseason within the parameters of the CSP. 
Under the CSP, the 2007 summer all-depth fishery in Oregon's Central 
Coast sub-area would occur: August 3-5, 17-19, and 31, September 1-2, 
and 14-16, and 28-30, and October 12-14, and 26-28.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates and has implemented them via this final rule.
    Comment 3: One member of the public sent an email comment writing, 
``I am a commercial salmon troller and have been limited by strict 
closures to our salmon season. I have applied for the incidental catch 
permit these past three years and have made a few extra dollars in 
being able to keep a limited number of halibut along with my salmon. 
This past year due to extreme salmon closures my catch of halibut was 
very minimal. I haven't taken a whole lot of halibut in my three years 
using the incidental catch permit. We are limited by weather, season 
limits, and the latest extreme salmon closures. At the same time, the 
sport fishery has been dramatically cut in regards to salmon, yet they 
were allowed to target halibut as usual. My request is that you 
consider either raising the quota for incidental catch for salmon 
trollers or at the least keep the limits the same as in the past. I do 
not believe the salmon trollers have a major impact on the halibut 
resource. I am an Oregon fisherman and am aware that there are a few 
boats that do quite well on the Northern Washington coast. Even with 
these catches I am not sure that the salmon trollers as a whole take a 
substantial amount of halibut. Please consider this comment in making 
your decision for my future in regards to the incidental Halibut 
fishery.''
    Response: The 2007 quota for incidental halibut catch in the salmon 
troll fishery is established in the CSP as a proportion of the overall 
Area 2A total allowable catch (TAC), as are the quotas for the 
Washington and Oregon directed recreational fisheries for halibut. For 
2007, the quota for the incidental salmon troll fishery is 40,227 lb 
(18.2 mt), a slight decrease from 2006, when the quota was 41,464 lb 
(18.8 mt). At its March 5-9, 2007, meeting in Sacramento, California, 
the PFMC will consider alternative incidental halibut catch rates for 
the 2007 salmon troll fishery. The PFMC will then make final 
recommendations on those incidental catch rates at its April 2-6, 2007, 
meeting in Tacoma, Washington, which will be included in its 2007 
salmon troll fishery management recommendations to NMFS.

Annual Halibut Management Measures

    The annual management measures that follow for the 2007 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 fishng
    (3) Sections 7 to 20 apply to commercial fishng 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

[[Page 11795]]

    (6) Section 23 applies to customary and traditional fishng 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 Bureau of Wildlife 
Enforcement (ABWE), 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 fishng 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 onboard 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
    (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 (Call 
NOAA Enforcement Division, Alaska Region, at 907-586-7225 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 onboard 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 onboard 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.

[[Page 11796]]

    (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 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 shall begin 
at 0800 hours and terminate at 1800 hours local time on June 27, July 
11, July 25, August 8, August 22, September 5, and September 19 unless 
the Commission specifies otherwise. 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 is authorized during the sablefish seasons in Area 2A in 
accordance with regulations promulgated by NMFS. The incidental fishery 
during the directed, fixed gear sablefish season is restricted to 
waters that are north of Point Chehalis, Washington (46[deg]53 18' N. 
lat.) 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 10 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 onboard.

[[Page 11797]]

    (6) A vessel that has no halibut onboard 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. lat., 163[deg]00'00'' W. long.; thence to Strogonof 
Point (56[deg]53'18'' N. lat., 158[deg]50'37'' W. long.); and then 
along the northern coasts of the Alaska Peninsula and Unimak Island to 
the point of origin at Cape Sarichef Light are closed to halibut 
fishing and no person shall fish for halibut therein or have halibut in 
his/her possession while in those waters except in the course of a 
continuous transit across those waters. All waters in Isanotski Strait 
between 55[deg]00'00'' N. lat. and 54[deg]49'00'' N. lat. are closed to 
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        268,182            121.6
 incidental commercial during
 salmon troll fishery
------------------------------------------------------------------------
2A: incidental commercial during    70,000             31.8
 sablefish fishery
------------------------------------------------------------------------
2B\1\                               11,470,000         5,201.8
------------------------------------------------------------------------
2C                                  8,510,000          3,859.4
------------------------------------------------------------------------
3A                                  26,200,000         11,882.1
------------------------------------------------------------------------
3B                                  9,220,000          4,181.4
------------------------------------------------------------------------
4A                                  2,890,000          1,310.7
------------------------------------------------------------------------
4B                                  1,440,000          653.1
------------------------------------------------------------------------
4C                                  1,866,500          846.5
------------------------------------------------------------------------
4D                                  1,866,500          846.5
------------------------------------------------------------------------
4E                                  367,000            166.4
------------------------------------------------------------------------
\1\ Area 2B includes combined commercial and sport catch limits which
  will be allocated by DFO.

    (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.
    (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 onboard

[[Page 11798]]

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 onboard 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 onboard 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 onboard 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.
    (2) Except that paragraph (1) shall not prohibit the possession of 
halibut onboard a vessel that has been brought aboard to be measured to 
determine if the minimum size limit ofthe halibut is met and, if 
sublegal-sized, is promptly returned to the sea with a minimum of 
injury.

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 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 onboard 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.

[[Page 11799]]

    (11) Vessel clearances shall be obtained between 0600 and 1800 
hours, local time.
    (12) No halibut shall be onboard 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 ft (7.9 m) 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 onboard 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 two years by the owner or operator of 
the vessel;
    (d) Open to inspection by an authorized officer or any authorized 
representative of the Commission upon demand; and
    (e) Kept onboard 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 onboard 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 onboard 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 onboard the license required by section 4.
    (2) No person shall possess onboard a vessel a halibut other than 
whole or with gills and entrails removed. Except that this paragraph 
shall not prohibit the possession onboard a vessel:
    (a) Halibut cheeks cut from halibut caught by persons authorized to 
process the halibut onboard 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 onboard the harvesting vessel in the 
port of landing up to 1800 hours local time on the calendar day 
following the offload (DFO has more restrictive regulations therefore 
section 17(2)b does not apply to fish caught in Area 2B or landed in 
British Columbia); 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 (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 onboard 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

[[Page 11800]]

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 onboard 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 onboard 
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 an 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 onboard 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 onboard a vessel at the same time providing the 
operator of the vessel:
    (a) Has a NMFS-certified observer onboard when required by NMFS 
regulations published at 50 CFR 679.7(f)(4); (Note: Without an 
observer, a vessel cannot have onboard more halibut than the IFQ for 
the area that is being fished even if some of the catch occurred 
earlier in a different area.) and
    (b) Can identify the regulatory area in which each halibut onboard 
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 onboard a vessel at the same time providing 
the operator of the vessel:
    (a) Has a NMFS-certified observer onboard the vessel when halibut 
caught in different regulatory areas are onboard; and
    (b) Can identify the regulatory area in which each halibut onboard 
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 onboard a vessel when in compliance with paragraph (3) and if 
halibut from Area 4 are onboard the vessel, the vessel can have halibut 
caught in Regulatory Areas 2C, 3A, and 3B onboard 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, except that vessels licensed to catch sablefish in Area 
2B using sablefish trap gear as defined in the Condition of Sablefish 
Licence can retain halibut caught as bycatch under regulations 
promulgated by the Canadian Department of Fisheries and Oceans.
    (2) No person shall possess halibut taken with any gear other than 
hook and line gear, except that vessels licensed to catch sablefish in 
Area 2B using sablefish trap gear as defined by the Condition of 
Sablefish Licence can retain halibut caught as bycatch under 
regulations promulgated by the Canadian Department of Fisheries and 
Oceans.
    (3) No person shall possess halibut while onboard 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 onboard a 
vessel carrying pots capable of catching halibut, provided that a 
receipt documenting purchase or transfer of these halibut parts is 
onboard the vessel.
    (4) All setline or skate marker buoys carried onboard 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 four inches in height and one-half inch in width in a 
contrasting color visible above the water and shall be maintained in 
legible condition.
    (6) All setline or skate marker buoys carried onboard 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 onboard 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 onboard 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

[[Page 11801]]

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 hol