Pacific Halibut Fisheries; Catch Sharing Plan, 12280-12297 [08-982]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Rules and Regulations]
[Pages 12280-12297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 071218860-8246-02]
RIN 0648-AW26


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 2008, 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 (Council).

DATES: Effective March 8, 2008.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting: 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, Attn: Ellen Sebastian, Records Officer; or Sustainable 
Fisheries Division, NMFS Northwest Region, 7600 Sand Point Way, NE, 
Seattle, WA 98115. This final rule also is accessible via the Internet 
at the Government Printing Office's website at https://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Peggy Murphy, 
907-586-8743 , e-mail at peggy.murphy@noaa.gov; or, for waters off the 
U.S. West Coast, Jamie Goen, 206-526-4646, email at 
jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2008 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).
    The Halibut Act provides the Secretary with the authority and 
general responsibility to carry out the requirement of the Convention 
and the Halibut Act. Regulations that are not in conflict with approved 
IPHC regulations may be recommended by the North Pacific Fishery 
Management Council and implemented by the Secretary through NMFS to 
allocate harvesting privileges among the U.S. fishermen in and off of 
Alaska. The Council has exercised this authority most notably in the 
development of its Individual Fishing Quota (IFQ) Program, codified at 
50 CFR 679, and subsistence halibut fishery management measures, 
codified at 50 CFR 300.65. The Council also has been developing a 
regulatory program to manage the guided sport charter vessel fishery 
for halibut. Work on this program is ongoing and includes harvest 
restrictions and a moratorium on new entry into the charter vessel 
fishery. NMFS took regulatory action in 2007 to reduce sport fish 
harvest of halibut in Area 2C by amending the two fish bag limit with 
the restriction that at least one of the two halibut retained is no 
longer than 32 in (81.3 cm) with its head on. Given continued concern 
for the poundage of halibut harvested by the guided sport charter 
vessel fishery in Area 2C, NMFS published a proposed rule that would 
reduce sport fishing mortality of halibut in the Area 2C charter vessel 
fishery to a level comparable to the Council's Guideline Harvest Level 
(GHL). NMFS provides annual notice of the guideline harvest level (GHL) 
for Areas 2C and 3A to meet regulatory requirements and inform the 
public. Notice was published this year on February 5, 2008 (73 FR 
6709).
    Pursuant to regulations at 50 CFR 300.62, the approved IPHC 
regulations setting forth the 2008 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 2009 management measures, which NMFS will 
publish in the Federal Register. As noted, NMFS anticipates 
implementing more restrictive regulations for the Area 2C charter 
vessel fishery and participants in that fishery are advised to check 
the current federal and state regulations prior to fishing.
    The IPHC held its annual meeting in Portland, Oregon, January 15-
18, 2008, and adopted regulations for 2008. The substantive changes to 
the previous IPHC regulations (72 FR 11792, March 14, 2007) include:
    1. New halibut catch limits in all regulatory areas (areas);
    2. A prohibition on tagging halibut except as authorized by IPHC;
    3. Addition of a net-weight definition that applies to all halibut 
fishing;
    4. Changes to the regulations regarding possession of Area 4 
halibut on a vessel with a Vessel Monitoring System (VMS);
    5. Restriction on the filleting of halibut on board sport fishing 
vessels in waters in and off Alaska;
    6. New commercial halibut fishery opening dates;

[[Page 12281]]

    7. Approval of a new logbook for Area 2A; and
    8. Adoption of the revised CSP and 2008 recreational management 
measures for Area 2A.
    Non-substantive changes to the previous IPHC regulations include: 
clarifying the weight referred to in paragraph 17(5) is the scale 
weight; replacing the redundant reference to Areas 4A, 4B, 4C or 4D in 
paragraph 18(4) with reference to Area 4; and a reorganization of 
paragraph 25, Sport Fishing for Halibut. Paragraph 25 was reorganized 
to create a new general sport fish paragraph that applies to all IPHC 
regulatory areas. The remaining sport regulations were then grouped by 
regulations specific to IPHC regulatory areas, resulting in a new 
paragraph 26 for Area 2A, new paragraph 27 for Area 2B, and new 
paragraph 28 for Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E. Previous 
paragraph 26, Previous Regulations Superseded, is now paragraph 29.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2008 totaling 60,400,000 pounds (27,397 mt), a 
7.3 percent reduction from the 2007 catch limit. The decline in biomass 
is attributed to the exceptionally strong 1987 and 1988 year classes 
passing out of the fishery. Recruitment of the 1994 and 1995 year 
classes is above average and the 1999 and 2000 year classes are also 
estimated to be above average but several years away from making major 
contributions to the exploitable biomass of the stock.
    The IPHC staff reported on the 2007 assessment of the Pacific 
halibut stock that implemented a coastwide estimation of biomass, 
compared with previous assessments which assessed stock biomass for 
each individual IPHC regulatory area. The IPHC and its advisory bodies 
endorsed the coastwide assessment and accepted staff's recommended 
constant exploitation yield (CEY) estimates for the areas.
    The IPHC recommended a 20 percent harvest rate for Areas 2A through 
Area 4A and adopted catch limits in Areas 4B and 4CDE based on a 
harvest rate of 15 percent. Low levels of recruitment and lower levels 
of productivity in Areas 4B and 4CDE support lower harvest rates in 
these areas. The IPHC staff is concerned about the harvest rate in Area 
4A and will evaluate optimum harvest rates for all of Area 4 during the 
coming year. In 2008, the IPHC will also repeat the standardized 
setline assessment survey in the eastern Bering Sea done in 2006 and 
expand it to the eastern Bering Sea flats.

Tagging

    The IPHC regulation stipulates conditions for retention, landing, 
reporting and accounting of halibut that bear an IPHC external tag 
(Paragraph 21). The IPHC adopted a new regulation restricting who may 
tag a halibut (Paragraph 17(13)): No person shall tag halibut unless 
the tagging is authorized by IPHC permit or by a Federal or State 
agency. Halibut are to be tagged for scientific purposes authorized by 
IPHC or Federal and State agencies. Unauthorized individuals and 
organizations will be required to obtain a permit from IPHC to tag 
halibut. This requirement aids coordination of halibut research and 
data collection, and application of best practices for tagging to 
maximize fish survival.

Net weight

    IPHC regulation at paragraph 3(1), which defines net weight, is 
reworded and expanded from ``halibut that is gutted, head-off, and 
without ice and slime'' to:
Net weight of a halibut means the weight of halibut that is without 
gills and entrails, head-off, washed, and without ice and slime. If 
a halibut is weighed with the head on or with ice and slime, the 
required conversion factors for calculating net weight are a 2% 
deduction for ice and slime and a 10% deduction for the head.
    The definition includes a percentage of the fish weight that can be 
attributed to the head and to ice and slime. The purpose of adding the 
percentage is to standardize conversion of a weighed halibut to net 
weight and to assist enforcement. The percentages represent the amount 
of fish weight that is deducted from the weighed halibut to estimate 
the net weight. These conversion amounts are in agreement with the 
Condition of License in British Columbia and quota share regulations in 
Alaska. This interpretation applies generally to all halibut fishing.

Area 4 VMS

    New provisions in paragraph 18, Fishing Multiple Regulatory Areas, 
paragraph (3) allow possession on board a vessel of halibut that have 
been caught in more than one of the Areas 4A, 4B, 4C, or 4D when the 
operator of the vessel has an operational Vessel Monitoring System 
(VMS) on board actively transmitting in all regulatory areas fished. 
The provision limits possession of halibut on board a vessel with an 
actively transmitting VMS to no more halibut than the IFQ available for 
harvest to all permit holders on board the vessel in the area the 
vessel is fishing independent of areas where the vessel has fished 
previously. The allowance to retain halibut caught in multiple areas of 
Area 4 provided each halibut's area of capture have not changed 
remains. The area specific possession limit of IFQ holders on board the 
vessel also remains. The new VMS provision has potential to reduce the 
number of times a vessel transits to and from the fishing grounds and 
provides additional flexibility in monitoring and enforcement of catch.

Change to Alaska sport fishing regulations

    The allowable condition of halibut in a person's possession in 
waters in and off Alaska has been modified in paragraph 28(2), Sport 
Fishing for Halibut--Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E to read as 
follows:
In Convention waters off the coast of Alaska, no person shall 
possess on board a fishing vessel, including charter vessels and 
pleasure craft used for fishing, halibut that has been filleted, 
mutilated, or otherwise disfigured in any manner except that each 
halibut may be cut into no more than 2 ventral, 2 dorsal pieces, and 
2 cheeks, with skin on.
The description of fishing vessel includes charter vessels and pleasure 
craft used for fishing. The exception to cut halibut into identifiable 
dorsal, ventral and cheek pieces is intended to improve identification 
of the number of retained halibut that are sport-caught in Alaska.

Commercial halibut fishery opening dates

    The opening date for the tribal commercial fishery in Area 2A and 
for the commercial halibut fisheries in Areas 2B through 4E is March 8, 
2008. The date takes into account a number of factors including, tides, 
timing of halibut migration and spawning, marketing for seasonal 
holidays, and interest in getting product in the processing plants 
before the herring season opens. The close of the commercial halibut 
fishery is November 15, 2008.
    In the Area 2A directed fishery, each fishing period shall begin at 
0800 hours and terminate at 1800 hours local time on June 11, June 25, 
July 9, July 23, August 6, August 20, September 3 and September 17 
unless the Commission specifies otherwise. These 10-hour openings will 
occur until the quota is taken and the fishery is closed.

Logbook

    The IPHC regulations identify the logbooks that must be used in the 
U.S. commercial halibut fisheries. The Commission approved the 
Washington Department of Fish and Wildlife (WDFW) voluntary sablefish 
logbook as a logbook for use by U.S. operators in

[[Page 12282]]

the Area 2A commercial halibut fishery. The IPHC worked with WDFW to 
incorporate all needed data elements in the logbook. Adoption of this 
logbook reduces duplication of logbooks for sablefish fishermen who 
retain halibut in Area 2A.

Catch Sharing Plan (CSP) and 2008 Recreational Management Measures 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 2008 and beyond, PFMC recommended changes to the CSP to modify 
the Pacific halibut fisheries in Area 2A to: 1. Reopen the Washington 
North Coast subarea June sport fishery on the first Tuesday following 
June 16; 2. Clarify that the Saturday offshore opener in the Washington 
North Coast subarea June sport fishery is contingent on available 
quota; 3. Provide flexibility in the date that the entire Washington 
North Coast subarea sport fishery reopens for one day after June 24; 4. 
Retain the opening date of May 1 for the Washington South Coast subarea 
primary sport fishery in 2008 and, starting in 2009, revise the opening 
date to May 1 if it is a Sunday, otherwise, open on the first Sunday 
following May 1; 5. Set the Washington South Coast subarea primary 
sport fishery as a 2-day per week fishery, open Sunday and Tuesday; 6. 
Set aside 10 percent of the Washington South Coast subarea quota for 
the nearshore sport fishery once the primary fishery has closed; 7. Set 
the Washington South Coast subarea nearshore sport fishery as a 4-day 
per week fishery, open Friday, Saturday, Sunday, and Tuesday; 8. Remove 
outdated language referring to the 25,000 lb annual tribal allocation 
resulting from U.S. v. Washington; 9. Edit language referring to the 
number of sport subareas to clarify that there are six rather than 
seven; and 10. Revise the flexible in-season management provisions for 
the sport fisheries to allow modification of subarea quotas in all 
subareas. NMFS published a proposed rule to implement the PFMC's 
recommended changes to the CSP, and to implement the 2008 Area 2A sport 
fishing season regulations on January 2, 2008 (73 FR 140).
    This final rule announces approval of revisions to the Area 2A CSP 
and implements the Area 2A CSP and management measures for 2008. These 
halibut management measures are effective until superseded by the 2009 
halibut management measures, which will be published in the Federal 
Register.

Comments and Responses

    NMFS accepted comments through February 1, 2008, on the proposed 
rule to implement the 2008 Area 2A CSP and received one letter of 
comment apiece from Washington Department of Fish and Wildlife (WDFW) 
and Oregon Department of Fish and Wildlife (ODFW), plus two comments 
from members of the public. Comments from the public were not relevant 
to the subject of the proposed rule, Area 2A halibut fisheries, and 
are, therefore, not addressed in this Comments and Responses section. 
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, 2008, to 
review the results of the 2007 Puget Sound halibut fishery, and to 
develop season dates for the 2008 sport halibut fishery. Based on the 
2008 Area 2A total allowable catch of 1.22 million pounds (553.4 mt,) 
the halibut quota for the Puget Sound sport fishery is 59,354 lb (26.9 
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 76 FEDs available in 2008. 
WDFW recommends that the regions within the Puget Sound sport halibut 
fishery will be open 5 days a week (Thursday through Monday) as 
follows: Eastern Region to be open April 10 through June 13, 2008; and 
Western Region to be open May 22 through July 21, 2008.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates and has implemented them via this final rule.
    Comment 2: ODFW held a public meeting on January 24, 2008, to 
gather comments on the open dates for the recreational all-depth 
fishery in Oregon's Central Coast sub-area. Since 2004, 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 159,577 lb (72.4 mt) in 2008, based on the IPHC's 2008 
TAC for Area 2A. Given the relatively constant effort pattern in recent 
years, and the similar quota level in 2008 to that in 2007, 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 and with weeks of adverse tidal conditions skipped 
(except for the opening weekend): regular open days of May 8-10, May 
15-17, May 22-24, May 29-31, and June 12-14; back-up open days of June 
26-28, July 10-12, and July 24-26. 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 in-season within the parameters of the CSP. 
Under the CSP, the 2008 summer all-depth fishery in Oregon's Central 
Coast sub-area would occur: August 1-3, August 15-17, August 29-31, 
September 12-14, September 26-28, October 10-12, and October 24-26.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates and has implemented them via this final rule.

Changes from the Proposed Rule

    On January 2, 2008, NMFS published a proposed rule on changes to 
the CSP and recreational management measures for Area 2A (73 FR 140). 
In the proposed rule on page 142, the rule said that the Washington 
North Coast sport fishery would start on May 15. This was incorrect. 
Paragraph (f) (1) (ii) of the CSP states that ``the fishery will open 
on the first Tuesday between May 9 and May 15 ...'' According to the 
CSP, that date should be May 13 in 2008. This final rule includes the 
corrected Washington North Coast sport halibut fishery start date in 
Section 26. (8) (b) (i) (A).

Annual Halibut Management Measures

    The annual management measures that follow for the 2008 Pacific 
halibut

[[Page 12283]]

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) Sections 25 to 28 apply 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 Wildlife Troopers 
(AWT), 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 of a halibut means the weight of halibut that is 
without gills and entrails, head-off, washed, and without ice and 
slime. If a halibut is weighed with the head on or with ice and slime, 
the required conversion factors for calculating net weight are a 2% 
deduction for ice and slime and a 10% deduction for the head;
    (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
    (iv) Aboriginal groups fishing in British Columbia as referred to 
in section 24;
    (s) Tender means any vessel that buys or obtains fish directly from 
a catching vessel and transports it to a port of landing or fish 
processor;
    (t) VMS transmitter means a NMFS-approved vessel monitoring system 
transmitter that automatically determines a vessel's position and 
transmits it to a NMFS-approved communications service provider \1\.
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    \1\ Call NOAA Enforcement Division, Alaska Region, at 907-586-
7225 between the hours of 0800 and 1600 local time for a list of 
NMFS-approved VMS transmitters and communications service providers.
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    (2) In these Regulations, all bearings are true and all positions 
are determined by the most recent charts issued by the United States 
National Ocean Service or the Canadian Hydrographic Service.

4. Licensing Vessels for Area 2A

    (1) No person shall fish for halibut from a vessel, nor possess 
halibut on board a vessel, used either for commercial fishing or as a 
charter vessel in Area 2A, unless the Commission has issued a license 
valid for fishing in Area 2A in respect of that vessel.
    (2) A license issued for a vessel operating in Area 2A shall be 
valid only for operating either as a charter vessel or a commercial 
vessel, but not both.
    (3) A vessel with a valid Area 2A commercial license cannot be used 
to sport fish for Pacific halibut in Area 2A.
    (4) A license issued for a vessel operating in the commercial 
fishery in Area 2A shall be valid for one of the following, but not 
both
    (a) The directed commercial fishery during the fishing periods 
specified in paragraph (2) of section 8 and the incidental commercial 
fishery during the sablefish fishery specified in paragraph (3) of 
section 8; or
    (b) The incidental catch fishery during the salmon troll fishery 
specified in paragraph (4) of section 8.
    (5) A license issued in respect of a vessel referred to in 
paragraph (1) of the 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

[[Page 12284]]

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 PM 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 PM 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 section 4 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 section 4 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 section 4 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 section 5 
by providing notice to major halibut processors; Federal, State, United 
States treaty Indian, and 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. 
latitude, 136[deg]38'24'' W. longitude) 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. latitude, 155[deg]35'00'' W. longitude) to Cape Ikolik 
(57[deg]17'17'' N. latitude, 154[deg]47'18'' W. longitude), then along 
the Kodiak Island coastline to Cape Trinity (56[deg]44'50'' N. 
latitude, 154[deg]08'44'' W. longitude), 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. latitude, 
164[deg]20'00'' W. longitude) and south of 54[deg]49'00'' N. latitude 
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. longitude and south of 
56[deg]20'00'' N. latitude;
    (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. latitude;
    (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. longitude, south of 58[deg]00'00'' N. latitude, and 
west of 168[deg]00'00'' W. longitude;
    (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. 
longitude;
    (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. 
longitude, and south of 65[deg]34'00'' N. latitude.

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 November 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 11, 
June 25, July 9, July 23, August 6, August 20, September 3, and 
September 17 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. latitude) 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 
sablefish season is restricted to waters that are north of Point 
Chehalis, Washington (46[deg]53'18'' N. latitude) under regulations 
promulgated by NMFS at 50 CFR 300.63.
---------------------------------------------------------------------------

    (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 8 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,

[[Page 12285]]

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. latitude in 
Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(54[deg]36'00'' N. latitude, 164[deg]55'42'' W. longitude) to a point 
at 56[deg]20'00'' N. latitude, 168[deg]30'00'' W. longitude; thence to 
a point at 58[deg]21'25'' N. latitude, 163[deg]00'00'' W. longitude; 
thence to Strogonof Point (56[deg]53'18'' N. latitude, 158[deg]50'37'' 
W. longitude); 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. 
latitude and 54[deg]49'00'' N. latitude 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  251,381                       114.0
 commercial,
 and
 incidental
 commercial
 during
 salmon
 troll
 fishery
------------------------------------------------------------------------
2A:           70,000                        31.8
 incidental
 commercial
 during
 sablefish
 fishery
------------------------------------------------------------------------
2B\4\         9,000,000                     4,081.6
------------------------------------------------------------------------
2C            6,210,000                     2,816.3
------------------------------------------------------------------------
3A            24,220,000                    10,984.1
------------------------------------------------------------------------
3B            10,900,000                    4,943.3
------------------------------------------------------------------------
4A            3,100,000                     1,405.9
------------------------------------------------------------------------
4B            1,860,000                     843.5
------------------------------------------------------------------------
4C            1,769,000                     802.3
------------------------------------------------------------------------
4D            1,769,000                     802.3
------------------------------------------------------------------------
4E            352,000                       159.6
------------------------------------------------------------------------
\4\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 the 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.

[[Page 12286]]

    (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)                   Vessel Class
------------------------------------------------------------------------
1-25                                  A
26-30                                 B
31-35                                 C
36-40                                 D
41-45                                 E
46-50                                 F
51-55                                 G
56+                                   H
------------------------------------------------------------------------

    (7) Fishing period limits in Area 2A apply only to the directed 
halibut fishery referred to in paragraph (2) of section 8.

13. Size Limits

    (1) No person shall take or possess any halibut that
    (a) with the head on, is less than 32 inches (81.3 cm) as measured 
in a straight line, passing over the pectoral fin from the tip of the 
lower jaw with the mouth closed, to the extreme end of the middle of 
the tail, as illustrated in Figure 2; or
    (b) With the head removed, is less than 24 inches (61.0 cm) as 
measured from the base of the pectoral fin at its most anterior point 
to the extreme end of the middle of the tail, as illustrated in Figure 
2.
    (2) No person 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.
    (2) Except that paragraph (1) shall not prohibit the possession of 
halibut on board a vessel that has been brought aboard to be measured 
to determine if the minimum size limit of the 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 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 section 15, 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

[[Page 12287]]

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 section 15, provided that:
    (a) The operator of the vessel complies with NMFS' vessel 
monitoring system regulations published at 50 CFR 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. The operator of a vessel 
fishing in waters in and off Alaska must use one of the following 
logbooks: the Groundfish/IFQ Daily Fishing Longline and Pot Gear 
Logbook provided by NMFS; the Alaska hook-and-line logbook provided by 
Petersburg Vessel Owners Association or Alaska Longline Fisherman's 
Association; the Alaska Department of Fish and Game (ADF&G) longline-
pot logbook; or the logbook provided by IPHC. The operator of a vessel 
fishing in Area 2A must use either the Washington Department of Fish 
and Wildlife (WDFW) Voluntary Sablefish 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 two years by the owner or operator of 
the vessel;
    (d) Open to inspection by an authorized officer or any authorized 
representative of the Commission upon demand; and
    (e) Kept on board the vessel when engaged in halibut fishing, 
during transits to port of landing, and 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 
section 16.

17. Receipt and Possession of Halibut

    (1) No person shall receive halibut caught in Area 2A 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 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 scale weight (in pounds) of halibut purchased by the 
registered buyer, the scale weight (in pounds) of halibut offloaded in 
excess of the IFQ or CDQ, the scale weight of halibut (in pounds) 
retained for personal use or for future sale, and the scale 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)

[[Page 12288]]

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 an IPHC license number on a 
State fish ticket for any vessel other than the vessel actually used in 
catching the halibut reported thereon.
    (15) No person shall tag halibut unless the tagging is authorized 
by IPHC permit or by a Federal or State agency.

18. Fishing Multiple Regulatory Areas

    (1) Except as provided in section 18, 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.
    (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 as required 
by NMFS regulations\7\ published at 50 CFR 679.7(f)(4), or has an 
operational Vessel Monitoring System (VMS) on board actively 
transmitting in all regulatory areas fished; and
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (b) Does not possess at any time on board the vessel more halibut 
than the IFQ available for harvest to all permit holders on board the 
vessel in the area which the vessel is fishing, even if some of the 
catch occurred earlier in a different area; and
    (c) 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) 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, 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 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 four inches in height and one-half inch in width in a 
contrasting color visible above the water and shall be maintained in 
legible condition.
    (6) All setline or skate marker buoys carried on board or used by a 
Canadian vessel used for halibut fishing shall be
    (a) Floating and visible on the surface of the water; and
    (b) Legibly marked with the identification plate number of the 
vessel engaged in commercial fishing from which that setline is being 
operated.
    (7) No person on board a vessel from which setline gear was used to 
fish for any species of fish anywhere in Area 2A during the 72-hour 
period immediately before the opening of a halibut fishing period shall 
catch or possess halibut anywhere in those water