Pacific Halibut Fisheries; Catch Sharing Plan, 13024-13044 [2010-5892]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 13024-13044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5892]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 100119028-0123-02]
RIN 0648-AY31


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, National Oceanic 
and Atmospheric Administration (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 
2010, 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) (Councils).

DATES: The amendment to Sec.  300.63 is effective April 19, 2010. The 
IPHC's 2010 annual management measures are effective March 1, 2010, 
except for the measures in section 26 which are effective April 19, 
2010. The 2010 management measures are effective until superseded.

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 Web site 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, Sarah Williams, 206-526-4646, e-mail at 
sarah.williams@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2010 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

[[Page 13025]]

amended by a Protocol Amending the Convention (signed at Washington, 
DC, on March 29, 1979). On March 1, 2010, the Secretary of State of the 
United States accepted the 2010 IPHC regulations as provided by the 
Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773-
773k.
    The Halibut Act provides the Secretary of Commerce (Secretary) with 
the authority and general responsibility to carry out the requirements 
of the Convention and the Halibut Act. The Regional Fishery Management 
Councils may develop and the Secretary may implement regulations 
governing harvesting privileges among U.S. fishermen in U.S. waters 
that are in addition to, and not in conflict with approved IPHC 
regulations. The NPFMC has exercised this authority most notably in 
developing a suite of halibut management programs that correspond to 
the three fisheries that harvest halibut in Alaska--the subsistence, 
sport, and commercial fisheries. In 2009/2010, these programs were 
revised by regulations recommended by the NPFMC. Criteria for 
qualifying as a rural resident to participate in subsistence fishing 
for halibut in Area 2C through 4E were changed December 4, 2009 (74 FR 
57105), by expanding the boundaries of rural areas and some rural 
communities. More extensive regulations were implemented for sport 
halibut fisheries. Effective June 5, 2009, in Area 2, harvest of 
halibut by charter vessel anglers was limited to one halibut per day, 
charter vessel guide and crew were prohibited from harvesting halibut, 
and the number of fishing lines used was limited to the number of 
vessel anglers on board not to exceed six lines (74 FR 21194). A 
limited access system for guided charter vessels (75 FR 554) was also 
established January 5, 2010, for Areas 2C and 3A (75 FR 554) based on a 
licensed charter fishing business owner's past participation in the 
charter halibut fishery. Changes in subsistence and sport halibut 
fishery management measures are codified at 50 CFR 300. Commercial 
halibut fisheries in Alaska operate within the Individual Fishing Quota 
(IFQ) Program and Community Development Quota (CDQ) Program (50 CFR 
part 679) and through area-specific catch sharing plans. Regulations 
for a commercial and sport fishery Halibut CSP are being developed 
pursuant to the NPFMC authority under the Halibut Act. The PFMC also 
exercises authority in a CSP among groups of halibut fishermen in Area 
2A; Washington, Oregon, and California. The CSP allocates the Area 2A 
catch limit among treaty Indian and non-Indian harvesters, and non-
Indian commercial and sport harvesters. The treaty Indian group may 
include tribal commercial and tribal ceremonial and subsistence 
fisheries.
    The structure of each Council's CSP affects how each plan is 
promulgated. The Secretary implemented the Area 2A CSP recommended by 
the PFMC in 1995. Each year between 1995 and the present, the PFMC has 
adopted minor revisions to the plan to account for needs of the 
fisheries. These revisions are implemented in regulations for the Area 
2A CSP through annual rule making and annual IPHC review and 
recommendation of management measures for Secretarial review. The Area 
2A CSP regulations are part of the IPHC annual management measures and 
are superseded each year by new implementing regulations.
    The NPFMC implemented a CSP among commercial IFQ and CDQ halibut 
fisheries in IPHC Areas 4C, 4D and 4E (Area 4) through rulemaking and 
the Secretary approved the plan on March 20, 1996 (61 FR 11337). The 
Area 4 CSP regulations were codified in the Code of Federal Regulations 
(50 CFR 300.65) and amended through rule making on March 17, 1998 (63 
FR 13000). New annual regulations pertaining to the Area 4 CSP also may 
be implemented through IPHC review and recommendation for Secretarial 
review.
    Publication of this final rule announces that the U.S. Secretary of 
State has accepted the annual management measures recommended by the 
IPHC, implements Area 2A regulations supporting annual management 
measures recommended by IPHC, and implements the Area 2A CSP. The 
proposed rule for the Area 2A CSP was published on February 4, 2010 (75 
FR 5745).
    Pursuant to regulations at 50 CFR 300.62, the approved IPHC 
regulations setting forth the 2010 IPHC annual management measures are 
published in the Federal Register to provide notice of their immediate 
regulatory effect, and to inform persons subject to the regulations of 
the restrictions and requirements. NMFS could implement more 
restrictive regulations for the sport fishery for halibut or components 
of it; therefore, anglers are advised to check the current federal or 
IPHC regulations prior to fishing.
    The IPHC held its annual meeting in Seattle, Washington, January 
26-29, 2010, and adopted regulations for 2010. The changes to the 
previous IPHC regulations (74 FR 11681, March 19, 2009) include:
    1. New halibut catch limits in all regulatory areas;
    2. New commercial halibut fishery opening dates;
    3. Revisions to the CSP and 2010 recreational management measures 
for Area 2A;
    4. Changes to the regulations regarding 2A license requirements for 
persons fishing in Subarea 2A-1 as treaty Indian tribal fishers;
    5. Changes to vessel number recording requirements on state fish 
tickets in Washington; and
    6. Correction to the Cape Spencer Light coordinates to match the 
U.S. Coast Guard Light List.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2010 totaling 50,670,000 pounds (22,983 mt), a 
6.3 percent reduction from the 2009 catch limit. The decline in the 
catch limit is attributed to the exceptionally strong 1987 and 1988 
year classes passing out of the fishery. The 1999 and 2000 year classes 
are estimated to be above average but the lower growth rates of fish in 
recent years means that these year classes are recruiting to the 
exploitable stock very slowly.
    The IPHC staff reported on the 2009 assessment of the Pacific 
halibut stock that estimated coastwide biomass, with apportionment to 
regulatory biomass based on the data from the annual IPHC assessment 
survey. The total of the IPHC staff catch limit recommendations was 
accepted, although the Commissioners' area apportionment differed 
slightly.
    The IPHC recommended a 20 percent harvest rate for Areas 2A through 
Area 3A and a harvest rate of 15 percent for Areas 3B, 4A, 4B and 4CDE. 
The harvest rate for area 3B was reduced from 20 percent to 15 percent 
because of concern over continued decline in catch rates. Catch limits 
adopted by the IPHC for 2010 were lower as compared to 2009 for most 
regulatory areas except: Areas 4B and 4CDE where the IPHC, with advice 
from its advisory bodies, recommended catch limits that are 
approximately 15 percent and 3 percent higher, respectively, than in 
2009.

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 6, 
2010. 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 to the processing plants 
before the herring season opens.

[[Page 13026]]

The closing date for the halibut fisheries is November 15, 2010.
    In the Area 2A directed fishery, each fishing period shall begin at 
0800 hours and terminate at 1800 hours local time on June 30, July 14, 
July 28, August 11, August 25, September 8, and September 22, 2010, 
unless the IPHC specifies otherwise. These 10-hour openings will occur 
until the quota is taken and the fishery is closed.

Area 2A Rockfish Conservation Area (RCA) Coordinate Updates

    Updates to the coordinates for the codified boundaries of the non-
trawl Rockfish Conservation Area (RCA) at 50 CFR 300.63, are necessary 
to make them consistent with the RCA boundaries in the groundfish 
regulations at 50 CFR 660 Table 4. The RCAs for both fisheries serve 
the same purpose, protection of overfished groundfish, and so the 
boundaries are meant to be the same. Most commercial halibut fishermen 
also participate in the groundfish fishery, so they are familiar with 
these boundaries. Non-treaty commercial vessels operating in the 
directed commercial fishery for halibut in Area 2A are required to fish 
outside of the non-trawl RCA, which extends along the coast. The 
eastern and western boundaries of the RCA vary along the coast. Because 
the boundaries of the RCA are intended to be the same for both 
groundfish and halibut fisheries, this rule updates the coordinates in 
the halibut regulations for some depth contour lines and RCA boundaries 
to make them consistent with the current groundfish regulations and RCA 
boundaries.

Incidental Halibut Retention in the Primary Sablefish Fishery North of 
Pt. Chehalis, Washington

    According to the Area 2A CSP, incidental halibut retention will not 
be allowed in the primary directed sablefish fishery north of Point 
Chehalis, WA, unless the Area 2A TAC is at least 900,000 lb (408.2 mt). 
Because the Area 2A TAC for 2010 is 810,000 lb (367.4 mt), this 
incidental retention is not permitted. Regulations to prohibit halibut 
retention in the primary sablefish fishery will be addressed by the 
PFMC at its March 2010 meeting and implemented by NMFS through an 
inseason adjustment on or before May 1, 2010. It is necessary to 
implement any changes to the groundfish regulations on or before May 1, 
2010, because this is when the current groundfish regulations, which 
permit halibut retention in the primary sablefish fishery, would become 
effective, therefore allowing retention when there is no quota.

Catch Sharing Plan (CSP) and 2010 Recreational Management Measures for 
Area 2A

    For 2010 and beyond, the PFMC recommended changes to the Federal 
regulations and the CSP to modify the Pacific halibut fisheries in Area 
2A to:
    1. Specify that the Washington South Coast Subarea primary season 
will be open Sunday and Tuesday through the third week in May, open on 
Sunday only for the fourth week in May and return to Sunday and Tuesday 
after the fourth week in May;
    2. Specify that the Washington South Coast Subarea nearshore area 
will be open seven days per week;
    3. Revise the northern and western boundaries of the Washington 
nearshore area;
    4. Specify that lingcod retention is allowed in the Washington 
South Coast Subarea seaward of the 30-fm line and on days when the 
primary fishery is open; and
    5. Change the open days in the Oregon Central Coast Subarea summer 
all depth fishery from three days per week to two days per week, Friday 
and Saturday.
    NMFS published a proposed rule on February 4, 2010 (75 FR 5745), to 
implement the PFMC's recommended changes to the Federal regulations and 
the CSP, and to implement the 2010 Area 2A sport fishing season 
regulations.
    This final rule publishes the Annual Management Measures for the 
2010 Pacific Halibut Fisheries, approves the Catch Sharing Plan for 
Area 2A, and implements changes to the Area 2A Catch Sharing Plan and 
Federal regulations. These halibut management measures are effective 
until superseded by the 2011 halibut management measures, which will be 
published in the Federal Register.

Comments and Responses

    NMFS accepted comments through February 19, 2010, on the proposed 
rule to the Area 2A CSP and received four public comments. One letter 
from an individual suggested opening dates for the halibut sport 
fishery in Washington; one letter from the Department of Interior 
stated they had no comments; and one comment letter each from 
Washington Department of Fish and Wildlife (WDFW) and Oregon Department 
of Fish and Wildlife (ODFW) recommended season dates for halibut sport 
fisheries in each state.
    Comment 1: The WDFW held a public meeting following the final TAC 
recommendations by the IPHC, to review the results of the 2009 Puget 
Sound halibut fishery, and to develop season dates for the 2010 sport 
halibut fishery. Based on the 2010 Area 2A total allowable catch of 
810,000 pounds (367.4 mt), the halibut quota for the Puget Sound sport 
fishery is 50,542 lb (22.9 mt). Because the catch in this area exceeded 
the quota in 2008 and 2009 WDFW used a new method to estimate the 
season dates. The new method examined the average weight, catch per day 
and the highest catch per day for the last five years to estimate the 
season dates for 2010. WDFW recommends that the regions within the 
Puget Sound sport halibut fishery will be open: in the Eastern Region 
from May 1-22, Thursday through Saturday and May 28-30, Friday through 
Sunday; in the Western Region from May 28-30, Friday through Sunday, 
and from June 3-19, Thursday through Saturday.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates. These dates will help keep this area within its quota, while 
providing for angler enjoyment and participation. Therefore, NMFS 
implements the dates with this final rule.
    Comment 2: ODFW held a public meeting following the final TAC 
decision by the IPHC, 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 105,948 lb (48.05 mt) in 2010, 
based on the IPHC's 2010 TAC for Area 2A. Because of the reduced TAC 
for 2010, ODFW recommends setting a Central Coast all-depth fishery of 
9 days, the 2009 fishery was scheduled for 12 days, with 12 additional 
back-up dates, in case the sub-area's spring quota is not taken in the 
initial 9 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: Regular open 
days of May 13, 14, 15, 20, 21, and 22, and June 3, 4, and 5; back-up 
open days of June 17, 18, and 19, and July 1, 2, 3, 15, 16, 17, 29, 30, 
and 31. 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 2010 summer 
all-depth fishery in Oregon's Central Coast Sub-area would occur: 
August 6, 7, 20, and 21, and September 3, 4, 17, and 18, and October 1, 
2, 15, 16, 29, and 30.

[[Page 13027]]

    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates. These dates will help keep this area too within its quota, while 
providing for angler enjoyment and participation. NMFS, therefore 
implements the dates via this final rule.
    Comment 3: The commenter suggested that the opening date of the 
sport fishery in the Puget Sound Western egion should be May 20 because 
this is historically the date the area has opened, people may have 
already planned for this date and the tides on this date are more 
favorable than the tides the following week.
    Response: In their public comments, WDFW recommended an opening 
date of May 28 in the Western Region of Puget Sound rather than May 20. 
Because the Puget Sound Subarea quota has been exceeded in recent 
years, for 2010 WDFW has taken a new approach for estimating the 
fishing days needed to attain full access to the subarea quota. The 
goal of the dates recommended by WDFW is to provide the longest season 
possible while still providing quality fishing opportunities. NMFS 
agrees with WDFW recommendations for a May 28 opening date in this 
subarea.
    Comment 4: The U.S. Department of Interior submitted one comment 
letter stating they had no comments.
    Response: Because there was no comment made NMFS does not have a 
response.

Changes From the Proposed Rule

    On February 4, 2010, NMFS published a proposed rule on changes to 
the CSP and recreational management measures for Area 2A (75 FR 5745). 
The final catch limits and total allowable catch numbers were not 
available until January 29, 2010, which was after the proposed rule 
needed to be drafted and routed to the Office of the Federal Register 
for timely publication. The proposed rule, therefore, was issued based 
on the preliminary estimate of the 2A TAC of 760,000 pounds. The final 
2A TAC is 810,000 pounds which is higher than the preliminary estimate 
for 2010, but lower than the 2009 2A TAC of 950,000 pounds. Most of the 
changes in this final rule are updates to subarea catch limits based on 
the final TAC. There are no other substantive changes from the proposed 
rule.

Annual Halibut Management Measures

    The following annual management measures for the 2010 Pacific 
halibut fishery are those recommended by the IPHC and accepted by the 
Secretary of State, with the concurrence of the Secretary. The sport 
fishing regulations for Area 2A, included in paragraph 26, are 
consistent with the measures adopted by the IPHC and approved by the 
Secretary of State, but were developed by the Pacific Fishery 
Management Council and promulgated by the United States under the 
Halibut Act.

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, the resulting catch of 
which is sold or bartered; or is intended to be sold or bartered, other 
than (i) sport 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 by and regulated 
pursuant to NMFS regulations published at 50 CFR Part 300, and (iv) 
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

[[Page 13028]]

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; or
    (b) the incidental catch fishery during the salmon troll fishery 
specified in paragraph (3) of section 8.
    (5) A license issued in respect of a vessel referred to in 
paragraph (1) of this section must be carried on board that vessel at 
all times and the vessel operator shall permit its inspection by any 
authorized officer.
    (6) The Commission shall issue a license in respect of a vessel, 
without fee, from its office in Seattle, Washington, upon receipt of a 
completed, written, and signed ``Application for Vessel License for the 
Halibut Fishery'' form.
    (7) A vessel operating in the directed commercial fishery 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 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 the documentation is changed.
    (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 Title 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, 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]11'56'' N. 
latitude, 136[deg]38'26'' 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

[[Page 13029]]

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 commercial 
fishery2 3 shall begin at 0800 hours and terminate at 1800 
hours local time on June 30, July 14, July 28, August 11, August 25, 
September 8, and September 22 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\ [Omitted].
---------------------------------------------------------------------------

    (3) 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.
    (4) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 
4E shall begin at 1200 hours local time on March 6 and terminate at 
1200 hours local time on November 15, unless the Commission specifies 
otherwise.
    (5) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A, 3B, 
4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on November 
15.

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[min]00[sec] N. 
latitude in Isanotski Strait that are enclosed by a line from Cape 
Sarichef Light (54[deg]36[min]00[sec] N. latitude, 
164[deg]55[min]42[sec] W. longitude) to a point at 
56[deg]20[min]00[sec] N. latitude, 168[deg]30[min]00[sec] W. longitude; 
thence to a point at 58[deg]21[min]25[sec] N. latitude, 
163[deg]00[min]00[sec] W. longitude; thence to Strogonof Point 
(56[deg]53[min]18[sec] N. latitude, 158[deg]50[min]37[sec] 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[min]00[sec] N. latitude and 
54[deg]49[min]00[sec] 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 commercial, and                  166,900               75.7
 incidental commercial during
 salmon troll fishery.............
2B \4\............................          7,500,000            3,401.4
2C................................          4,400,000            1,995.5
3A................................         19,990,000            9,065.8
3B................................          9,900,000            4,489.8
4A................................          2,330,000            1,056.7
4B................................          2,160,000              979.6
4C................................          1,625,000              737.0
4D................................          1,625,000              737.0
4E................................            330,000              149.7
------------------------------------------------------------------------
\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 (3) 
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.

[[Page 13030]]

    (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.
    (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

[[Page 13031]]

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

16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an 
overall length of 26 feet (7.9 meters) or greater shall maintain an 
accurate log of halibut fishing operations. 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 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 this 
section.

[[Page 13032]]

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 of:
    (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 offloaded in accordance with section 17 
that are 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 (State, Tribal or Federal, not IPHC 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 (State, Tribal or Federal, 
not IPHC vessel number); total weight obtained at the time of offload 
including the weight (in pounds) of halibut purchased; the weight (in 
pounds) of halibut offloaded in excess of the IFQ, CDQ, or fishing 
period limits; the weight of halibut (in pounds) retained for personal 
use or for future sale; and the weight (in pounds) of halibut discarded 
as unfit for human consumption.
    (7) The individual completing the state fish tickets for the Area 
2A fisheries as referred to in paragraph (6) must additionally record 
whether the halibut weight is of head-on or head-off fish.
    (8) For halibut landings made in Alaska, the requirements as listed 
in paragraph (5) and (6) can be met by recording the information in the 
Interagency Electronic Reporting Systems, eLandings.
    (9) The master or operator of a Canadian vessel that was engaged in 
halibut fishing must weigh and record all halibut on board said vessel 
at the time offloading commences and record on Provincial fish tickets 
or Federal catch reports the date; locality; name of vessel; the 
name(s) of the person(s) from whom the halibut was purchased; and the 
scale weight obtained at the time of offloading of all halibut on board 
the vessel including the pounds purchased, pounds in excess of IVQs, 
pounds retained for personal use, and pounds discarded as unfit for 
human consumption.
    (10) No person shall make a false entry on a State or Provincial 
fish ticket or a Federal catch or landing report referred to in 
paragraphs (5), (6), and (9) of section 17.
    (11) A copy of the fish tickets or catch reports referred to in 
paragraphs (5), (6), and (9) shall be
    (a) retained by the person making them for a period of three years 
from the date the fish tickets or catch reports are made; and
    (b) open to inspection by an authorized officer or any authorized 
representative of the Commission.
    (12) No person shall possess any halibut taken or retained in 
contravention of these Regulations.
    (13) When halibut are landed to other than a commercial fish 
processor, the records required by paragraph (6) shall be maintained by 
the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (9).
    (14) 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 this section, no person shall possess at 
the same time on board a vessel halibut caught in more than one 
regulatory area.
    (2) Halibut caught in more than one of the Regulatory Areas 2C, 3A, 
or 3B may be possessed on board a vessel at the same time provided the 
operator of the vessel:
    (a) has a NMFS-certified observer on board when required by NMFS 
regulations\7\ published at 50 CFR Section 679.7(f)(4); 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) 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 provided 
the operator of the vessel:
    (a) has a NMFS-certified observer on board the vessel as required 
by NMFS regulations published at 50, CFR Section 679.7(f)(4); or has an 
operational Vessel Monitoring System (VMS) on board actively 
transmitting in all regulatory areas fished and does not possess at any 
time more halibut on board the vessel than the IFQ permit holders on 
board the vessel have cumulatively available for any single Area 4 
regulatory area fished; and
    (b) can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the holds, 
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

[[Page 13033]]

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 used to fish for any species of 
fish anywhere in Area 2A during the 72-hour period immediately before 
the fishing period for the directed commercial fishery shall catch or 
possess halibut anywhere in those waters during that halibut fishing 
period unless, prior to the start of the halibut fishing period, the 
vessel has removed its gear from the water and has either
    (a) made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (8) No vessel used to fish for any species of fish anywhere in Area 
2A during the 72-hour period immediately before the fishing period for 
the directed commercial fishery may be used to catch or possess halibut 
anywhere in those waters during that halibut fishing period unless, 
prior to the start of the halibut fishing period, the vessel has 
removed its gear from the water and has either
    (a) made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer
    (9) No person on board a vessel from which setline gear was used to 
fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 
4C, 4D, or 4E during the 72-hour period immediately before the opening 
of the halibut fishing season shall catch or possess halibut anywhere 
in those areas until the vessel has removed all of its setline gear 
from the water and has either
    (a) made a landing and completely offloaded its entire catch of 
other fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (10) No vessel from which setline gear was used to fish for any 
species of fish anywhere in Areas