Pacific Halibut Fisheries; Catch Sharing Plan, 14300-14319 [2011-6133]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14300-14319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 110104009-1186-02]
RIN 0648-BA25


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 
2011, 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: This rule is effective April 15, 2011. The IPHC's 2011 annual 
management measures are effective March 16, 2011, except for the 
measures in section 26, which are effective April 15, 2011. The 2011 
management measures are effective until superseded.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting: the International Pacific Halibut 
Commission, 2320 W. Commodore Way Suite 300, Seattle, WA 98199-1287; or 
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802, 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 Federal eRulemaking portal at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Glenn Merrill, 
907-586-7228, e-mail at glenn.merrill@noaa.gov; or Peggy Murphy, 907-
586-7228, 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 2011 under the Convention between Canada and the United 
States for the Preservation of the Halibut Fishery of the North Pacific 
Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 
2, 1953, as amended by a Protocol Amending the Convention (signed at 
Washington, DC, on March 29, 1979).
    As provided by the Northern Pacific Halibut Act of 1982 (Halibut 
Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of 
the Secretary of Commerce (Secretary), may accept or reject, on behalf 
of the United States, recommendations made by the IPHC in accordance 
with the Convention (Halibut Act, Section773-773k.). On March 8, 2011, 
the Secretary of State of the United States, with the concurrence of 
the Secretary of Commerce, accepted the 2011 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 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 2010/2011, these programs were revised by regulations 
recommended by the NPFMC.
    On January 5, 2010, NMFS published a final rule implementing a 
Limited Access System for Guided Sport Charter Vessels in Alaska for 
halibut in IPHC Regulatory Areas 2C and 3A (75 FR 554). On September 
17, 2010, NMFS amended these regulations to revise the method of 
assigning angler endorsements to charter halibut permits to more 
closely align each endorsement vessel anglers reported for each vessel 
that a charter business used to qualify for a charter halibut permit 
(75 FR 56904).
    On January 12, 2010, NMFS published notice that applications would 
be accepted from persons February 4, 2010, through April 5, 2010, that 
applied to receive a charter halibut permit under the limited access 
program for the guided charter fishery for halibut in Area 2C and Area 
3A (75 FR 1595). Beginning February 1, 2011, Area 2C and Area 3A 
charter business operators were required to have a charter halibut 
permit on board a vessel if charter vessel anglers are catching and 
retaining halibut
    On February 7, 2011, NMFS published a final rule amending 
recordkeeping and reporting requirements for halibut charter vessels 
operating in IPHC Areas 2C and 3A (76 FR 6567). This rule improves 
consistency between State of Alaska and Federal regulations regarding 
the submission of charter logbook data sheets, logbook recording 
requirements, and the definition of a fishing week.
    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 in Areas 2C and 3A are being developed 
pursuant to the NPFMC authority under the Halibut Act.
    The PFMC also exercises authority in a CSP allocating halibut among 
groups of fishermen in Area 2A; off the coasts of 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 includes Tribal commercial and 
Tribal ceremonial and subsistence fisheries. The Secretary implemented 
the Area 2A CSP recommended by the PFMC in 1995.

[[Page 14301]]

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 Area 2A through annual 
rule making and annual IPHC review and recommendation of management 
measures for Secretarial review. The Area 2A 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, implements the Area 2A CSP, and makes 
minor changes to the codified halibut regulations. The proposed rule 
for the Area 2A CSP was published on January 18, 2011 (76 FR 2871).
    Pursuant to regulations at 50 CFR 300.62, the approved IPHC 
regulations setting forth the 2011 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 Victoria, British Columbia, 
Canada, January 25-28, 2011, and adopted regulations for 2011. The 
changes to the previous IPHC regulations (75 FR 13024, March 19, 2010) 
include:
    1. New halibut catch limits in all regulatory areas;
    2. New commercial halibut fishery opening dates;
    3. Removal of option to use LORAN coordinates in logbook entries;
    4. Adoption of the revised Catch Sharing Plan (CSP) for Area 2A;
    5. New maximum size limit on the halibut retained on board a 
charter vessel fishing in Regulatory Area 2C measuring no more than 37 
inches; and
    6. New retention requirement of the entire carcass of a halibut 
filleted on board a charter vessel fishing in Area 2C until all filets 
are offloaded.
    Non-substantive changes to the previous IPHC regulations include 
minor editorial and grammatical changes in the regulations to improve 
accuracy and clarity.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2011 totaling 41,070,000 pounds (18,172 mt), an 
18.9 percent reduction from the 2010 catch limit. The decline of the 
stock is attributed to natural declines in recruitment and lower growth 
rates, and higher-than-target harvest rates in most areas has motivated 
this change in the harvest recommendations. 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 2010 assessment of the Pacific 
halibut stock that estimated coastwide biomass, with apportionment to 
regulatory biomass based on the data from the annual IPHC standardized 
stock assessment survey. The IPHC recommended a 21.5 percent harvest 
rate for Areas 2A through Area 3A, and a harvest rate of 16.1 percent 
for Areas 3B, 4A, 4B and 4CDE. Catch limits adopted for 2011 were lower 
in the central regions of the stock (Areas 2C and 3) but significant 
recent reductions in catch limits for Areas 2A and 2B appear to have 
resulted in improvements to stock condition in those areas. Concern 
exists over continued declining catch rates in most areas and IPHC 
staff recommended aggressive action to reduce harvests. In particular, 
a shift in the harvest control rule implemented the full reductions in 
catch limits identified by the stock assessment, rather than the 
partial (50 percent) reductions used in previous years.
    The IPHC adopted the staff recommendations for catch limits in 
2011. Catch limits adopted for Areas 2A and 2B in 2011 were 
approximately 11 percent, and 2 percent higher, respectively, than in 
2010. Catch limits adopted for Areas 2C, 3A, and 3B in 2011 were 
approximately 47 percent, 28 percent, and 24 percent lower, 
respectively, than in 2010. Catch limits in Areas 4A, 4B, and 4 CDE 
were approximately 3 percent, 1 percent, and 4 percent higher, 
respectively, than in 2010.

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 
12, 2011. 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. The closing date for the halibut 
fisheries is November 15, 2011.
    In the Area 2A directed fishery, each fishing period shall begin at 
0800 hours and terminate at 1800 hours local time on June 29, July 13, 
July 27, August 10, August 24, September 7, and September 21, 2011, 
unless the IPHC specifies otherwise. These 10-hour openings will occur 
until the quota is taken and the fishery is closed.

Remove Option To Use LORAN Coordinates in Logbook

    This final rule removes regulations paragraph 16(2)(c) in the 2011 
Pacific Halibut Fishery Regulations providing an option to use LORAN 
(Long Range Navigation) coordinates in the British Columbia Integrated 
Groundfish Fishing Log provided by the Canada's Department of Fisheries 
and Oceans. The LORAN-C network used for maritime navigation has been 
decommissioned and is no longer operational. Removing this reference is 
a housekeeping measure.

New Maximum Size Limit of No More Than 37 Inches for the Halibut 
Retained Onboard a Charter Vessel Fishing in Regulatory Area 2C

    This final rule would prohibit a person onboard a charter vessel 
referred to in 50 CFR 300.65 and fishing in Area 2C from taking or 
possessing any halibut, with head on, that is longer than 37 inches 
(93.9 cm) as measured in a straight line, passing over the pectoral fin 
from the tip of the lower jaw with mouth closed, to the extreme end of 
the middle of the tail.
    The IPHC recognizes the role of the NPFMC to develop policy and 
regulations that allocate the Pacific halibut resource among fishermen 
in and off of Alaska, and that NMFS has developed numerous regulations 
to support the NPFMC's goals of limiting charter harvests over the past 
several years. The IPHC specifically recommended this additional 
management measure be implemented in the Area 2C charter fishery based 
on

[[Page 14302]]

concerns that the stated harvest policy of the United States for the 
guided charter fishery, the guideline harvest level (GHL), would be 
exceeded without additional restrictions on the charter fleet. The IPHC 
concluded that charter fishery harvests in excess of the GHL would 
interfere with the IPHC's overall harvest objectives in Area 2C.
    The GHL was recommended by the NPFMC in February 2000, after 
several years of debate and refinement. NMFS published a final rule 
implementing the GHL on August 8, 2003 (68 FR 47256). The GHL 
establishes a pre-season estimate of the acceptable annual harvests for 
the guided charter fishery in Areas 2C and 3A. The GHLs are established 
as a total maximum poundage, which is responsive to annual fluctuations 
in abundance. For example, in the event of a reduction in either area's 
halibut biomass, as determined by the IPHC, the area GHL is reduced 
incrementally in a stepwise fashion in proportion to the reduction.
    Regulations at Sec.  300.65(c)(1) specify the GHLs based on the 
total constant exploitation yield (CEY) that is established annually by 
the IPHC. In each year since 2004, the guided charter halibut fishery 
has exceeded the GHL in Area 2C. During 2004 through 2007, the GHL was 
1,432,000 lb. During that time period, guided charter harvests were 
approximately 1,750,000 lb in 2004, 1,952,000 lb in 2005, 1,804,000 lb 
in 2006, and 1,918,000 lb in 2007. In 2008, the GHL was 931,000 lb and 
guided charter harvests were approximately 1,999,000 lb. In 2009 the 
GHL was 788,000 pounds and the guided charter harvest was approximately 
1,245,000 lb. In 2010, the GHL was 788,000 lb. The Alaska Department of 
Fish and Game (ADF&G) provided the IPHC with a preliminary estimate of 
the guided charter harvest in 2010 of 46,816 fish yielding 1,249,000 lb 
(November 1, 2010, letter from ADF&G to the IPHC). In 2011, the total 
CEY is 5,390,000 lb (2,445 mt) in Area 2C. The corresponding GHL is 
788,000 lb (357.4 mt) in Area 2C.
    The IPHC is aware that guided halibut charter harvests in Area 2C 
in 2011 are likely to exceed the 788,000 lb GHL based on the well-
established trend of charter harvests since 2004, and the demonstrated 
removals under existing regulations. Guided charter harvests have 
exceeded the GHL since 2004, even though some additional limitations 
have been placed on the guided charter fishery to constrain harvests 
within the GHL. Key regulatory measures include: (1) Effective in 2007, 
maintaining a two-fish daily bag limit provided that at least one of 
the harvested halibut had a head-on length of no more than 32 inches 
(81.3 cm) (June 4, 2007, 72 FR 30714); and (2) effective in 2009, a 
one-fish daily bag limit that superseded the June 4, 2007, two-fish 
with maximum size rule, a prohibition on harvest by the charter vessel 
guide and crew, and a line limit equal to the number of charter vessel 
anglers onboard, not to exceed six lines (May 6, 2009, 74 FR 21194).
    In addition, the NPFMC recommended a Catch Sharing Plan (CSP) in 
October 2008. The CSP would replace the current GHL and establish 
specific allocations of halibut harvest between the guided sport 
charter and commercial setline fisheries in Area 2C and 3A. Under the 
CSP, the IPHC would annually establish one combined charter and 
commercial catch limit to which pre-specified percentages would apply. 
Multiplying the specified percentage by the combined catch limit would 
result in a specific catch limit for each sector. Using a 
nondiscretionary process specified annually in the IPHC annual 
management measures, ranges of the charter sector catch limit could 
trigger changes in the guided sport halibut bag and size limit. 
However, NMFS has not yet published proposed or final regulations for 
the CSP. The CSP will not be effective during the 2011 charter halibut 
season. Therefore, the IPHC determined that its recommended maximum 
size limit in Area 2C was necessary to prevent excess halibut harvest 
by charter vessel anglers as an immediate but interim measure until the 
CSP for this fishery could be implemented.
    The IPHC anticipated that the CSP may not be implemented in 2011. 
During its 2010 annual meeting in Seattle, WA, (January 26-29, 2010), 
the IPHC requested IPHC staff to develop options for control of the 
charter halibut fisheries should the CSP not be implemented in a timely 
manner. Prior to the 2011 annual meeting, IPHC staff provided a suite 
of potential control measures based largely on existing methods 
considered by the NPFMC for limiting charter harvests. After 
discussions with IPHC Commissioners, the IPHC staff review of these 
measures was shared with NMFS and ADF&G staff prior to release to the 
public. The IPHC staff review was provided to the IPHC Commissioners 
and IPHC Advisory Bodies in documents prepared for the IPHC's 2011 
annual meeting. IPHC Commissioners also received multiple proposals 
prior to the 2011 meeting recommending that the IPHC implement harvest 
control measures to restrain guided sport halibut harvest in Area 2C to 
the projected 2011 GHL of 788,000 pounds.
    The IPHC sought to meet several objectives with the maximum size 
limit for charter vessel harvests in Area 2C:
    1. Ensure measures meet IPHC conservation goals;
    2. Maintain the charter harvest within the GHL, the charter harvest 
policy developed by the NPFMC and implemented in Federal regulations;
    3. Minimize season disruption to the extent practicable;
    4. Promote equity of access and applicability to all charter 
anglers in Area 2C;
    5. Ensure measures result in enforceable accountability; and
    6. Simplify application by basing measures on previous analyses 
where possible.
    The IPHC's recommendation to limit charter harvests in Area 2C to 
one fish of no more than 37 inches would be likely to meet the multiple 
objectives established by the IPHC. Without additional regulations 
restricting charter harvest in 2011, charter harvest is likely to 
exceed the GHL and result in total harvest exceeding the total CEY. 
Guided charter angler catch in 2010 was 62 percent over the GHL. NMFS 
plans no additional charter restrictions for the 2011 fishery. 
Therefore, the IPHC concluded that additional restrictions were 
necessary to limit that charter harvest to the GHL and achieve the 
IPHC's overall conservation objective for Area 2C.
    A 37-inch maximum size limit would be likely to maintain guided 
charter harvests within the GHL. For example, assuming the same number 
of fish would be caught in 2011 as in 2010, 46,816 fish would be 
caught. A 37-inch halibut is equal to 17.1 pounds net weight using IPHC 
length-weight ratios. Multiplying 46,816 fish x 17.1 lb = 800,554 lb of 
guided charter harvest. The 2011 Area 2C GHL is 788,000 lb.
    The 37-inch length limit was selected by the IPHC to reduce the 
harvest of halibut in Area 2C (Southeast Alaska) to the GHL. The 
calculation used to determine the size limit was based on an assumption 
that the 2011 harvest (in number of fish) would be slightly less than 
the 2010 projection, and that each fish harvested would be of a size 
equal to the maximum limit. The exact size of each fish harvested, and 
therefore the average weight of all guided charter harvests cannot be 
precisely predicted. The IPHC's recommendation is precautionary, but 
should result in total guided angler harvests at the GHL if the average 
size of fish harvested is 37 inches and approximately the same number 
of fish are harvested in 2011 as in 2010. Moreover, the actual numbers 
of halibut that will be harvested in the

[[Page 14303]]

2011 charter fishery cannot be precisely predicted. For example, if the 
total number of halibut harvested in 2011 substantially exceeds the 
2010 harvests, then the GHL could be exceeded even if the average size 
of halibut harvested in the guided charter fishery in 2011 is less than 
37 inches.
    The 37-inch maximum size limit minimizes season disruption relative 
to other measures such as limiting the guided charter season. Limits on 
season length would likely be more disruptive to charter anglers and 
businesses than limiting the maximum retainable size of halibut. Most 
charter businesses have established bookings well in advance of the 
2011 season, and any change in season length would reduce total anglers 
and revenues. The 37-inch maximum size limit promotes equitable access 
to the halibut resource and is applicable to all charter anglers in 
Area 2C, whereas season length restrictions might disproportionately 
adversely affect specific anglers and businesses.
    The 37-inch maximum size limit is based on measures considered and 
proposed to constrain guided charter harvests under the NPFMC's 
recommended CSP. The IPHC staff and Commissioners considered the 
analysis and methods developed by the NPFMC when recommending the 37-
inch limitation. The maximum size limit recommended by the IPHC uses 
the same algorithm described in the NPFMC's CSP to establish a maximum 
size limit for the guided charter fishery under conditions of lower 
biomass.

Area 2C Carcass Retention

    Current regulations prohibit the filleting, mutilation or other 
disfigurement of sport-caught halibut that would prevent the 
determination of the size or number of halibut possessed or landed. In 
Southeast Alaska Area 2C, the IPHC recommended that a person onboard a 
charter vessel who possesses filleted halibut must also retain the 
entire carcass, with head and tail connected as a single piece, onboard 
the vessel until all the fillets are offloaded. This change is intended 
to facilitate enforcement of the 37-inch maximum size limit and 
accounting of each charter vessel angler's halibut bag limit.

Pacific Fishery Management Council's Area 2A Catch Sharing Plan and 
Codified Regulations

    In addition to implementing the IPHC recommendations, this rule 
makes several changes to the Pacific Fishery Management Council's Area 
2A Catch Sharing plan and NMFS' codified regulations.

Changes to Codified Regulations for Area 2A

    This final rule updates and consolidates information regarding 
areas closed to halibut fishing in Area 2A. Coordinates for the 
boundaries of closed areas that are described in the groundfish 
regulations are removed from the halibut regulations at 50 CFR 300.63, 
and are replaced with references to the groundfish regulations. This 
includes the Rockfish Conservation Area (RCA), in which participants in 
the non-Tribal directed commercial halibut fishery are prohibited from 
fishing. The eastern and western boundaries of the RCA vary along the 
coast. The coordinates in the halibut regulations were intended to be 
the same as those in the groundfish regulations, but the groundfish 
regulations are updated more regularly. This change reduces the 
possibility that there will be unintended discrepancies between the 
descriptions of the depth contours in the halibut and groundfish 
regulations. In addition, this change will make it easier for 
participants in the fishery and law enforcement officers to access the 
definitions of the depth contours, as that information will be in one 
location in the regulations and many of the participants in the halibut 
fishery and enforcement officers also work with the groundfish 
regulations.
    In addition, this rule updates references to the groundfish 
regulations in the codified halibut regulations to reflect changes made 
to the groundfish regulations to implement the individual quota program 
for the trawl fishery.
    Finally, this final rule includes a change to the codified 
regulations at 50 CFR 300.64 to add ``receipt and possession'' to the 
list of management measures that treaty Indian fishers must comply 
with. This change makes the codified regulations consistent with the 
IPHC regulations, and is intended to correct an inadvertent omission.

Changes to the Area 2A Catch Sharing Plan; Annual Management Measures

    This final rule approves the Catch Sharing Plan as revised 
according to the recommendations of the Pacific Council. Changes for 
2011 include moving two percent of the subarea quota for the Oregon 
Central Coast subarea from the spring fishery to the summer fishery, 
updating references to the groundfish regulations to reflect changes 
made to those regulations, and modifying references regarding the 
closed areas to reflect changes to the codified halibut regulations as 
described above. The changes to the proposed annual management measures 
made as part of this final rule are necessary to implement the IPHC's 
decision regarding the Area 2A total allowable catch (TAC).

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

    According to the Area 2A CSP, incidental halibut retention will be 
allowed in the primary directed sablefish fishery north of Point 
Chehalis, WA, when the Area 2A total allowable catch (TAC) is at least 
900,000 lb (408.2 mt) and the resulting Washington sport allocation is 
at least 224,100 lb (101.7 mt) leaving a minimum of 10,000 lb (4.5 mt) 
available to this incidental fishery. The 2011 TAC is 910,000 lb (412 
mt), resulting in a Washington sport allocation of 216,489 lb (98.2 
mt), which is less than the required 10,000 lb (4.5 mt) minimum. 
Therefore incidental retention of halibut is not permitted in the 
primary sablefish fishery in 2011.

Area 2A Catch Sharing Plan and Annual Regulations; Comments and 
Responses

    NMFS accepted comments through February 2, 2011, on the proposed 
rule for the Area 2A CSP and annual regulations and received four 
public comments. One letter from an individual commenting on Atlantic 
halibut, which does not pertain to the subject rule; one letter from 
the Department of Interior stating 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) recommending 
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 2010 Puget 
Sound halibut fishery, and to develop season dates for the 2011 sport 
halibut fishery. Based on the 2011 Area 2A total allowable catch of 
910,000 lb (412.7 mt), the halibut quota for the Puget Sound sport 
fishery is 58,155 lb (26.3 mt.) Because the catch in this area exceeded 
the quota in 2008, 2009 and 2010 WDFW will continue to use the highest 
catch rate seen over the last 5 years to determine the number of days 
available to the fishery. WDFW recommends that the regions within the 
Puget Sound sport halibut fishery be open: in the Eastern Region from 
May 5-29, Thursday through Saturday, and May 26-29, Friday through 
Sunday; in the Western Region from May 26-29, Thursday through Sunday, 
and from June 2-18, Thursday through Saturday.

[[Page 14304]]

    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 Subarea. 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 115,578 lb (52.4 mt) in 2011, based on the 
IPHC's 2011 TAC for Area 2A. Because of the increased TAC for 2011, 
ODFW recommends setting a Central Coast all-depth fishery of 12 days. 
ODFW recommends the following days for the spring fishery, within this 
subarea's parameters for a Thursday-Saturday season and with weeks of 
adverse tidal conditions skipped: regular open days of May 12, 13, 14, 
26, 27, 28, and June 2, 3, 4, 9, 10, and 11; back-up open days of June 
23, 24, 25, and July 7, 8, 9, 21, 22, and 23. For the summer fishery in 
this subarea, 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 2011 summer all-depth fishery in Oregon's 
Central Coast Subarea would occur: August 5, 6, 19, 20, and September 
2, 3, 16, 17, 30, and October 1, 14, 15, 28, and 29.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates. These dates will help keep this area within its quota, while 
providing for angler enjoyment and participation. NMFS, therefore 
implements the dates via this final rule.
    Comment 3: The commenter asked when attention would be paid to 
Atlantic halibut.
    Response: This rule does not relate to Atlantic Halibut and 
therefore NMFS has no comment.

Changes From the Proposed Rule

    On January 18, 2011, NMFS published a proposed rule on changes to 
the CSP and recreational management measures for Area 2A (76 FR 2871). 
The final catch limits and total allowable catch numbers were not 
available until January 28, 2011, which was after the proposed rule 
needed to be drafted and sent to the Office of the Federal Register for 
timely publication. The provisions in the proposed rule were based on 
the preliminary estimate of the 2A TAC of 860,000 lb. The final 2A TAC 
is 910,000 lb, which is higher than the preliminary estimate for 2011, 
but lower than the 2009 2A TAC of 950,000 lb. 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 2011 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. Definitions

    (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 
percent deduction for ice and slime and a 10 percent 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

[[Page 14305]]

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\
---------------------------------------------------------------------------

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

    (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 to 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 to 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 p.m. on April 30, or on 
the first weekday in May if April 30 is a Saturday or Sunday.
    (8) A vessel operating in the incidental commercial fishery during 
the salmon troll season in Area 2A must have its ``Application for 
Vessel License for the Halibut Fishery'' form postmarked no later than 
11:59 p.m. on March 31, or the first weekday in April if March 31 is a 
Saturday or Sunday.
    (9) Application forms may be obtained from any authorized officer 
or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only during 
the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or 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 Canada and the United 
States of America 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

[[Page 14306]]

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; and
    (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 commercial fishery 
\2\ shall begin at 0800 hours and terminate at 1800 hours local time on 
June 29, July 13, July 27, August 10, August 24, September 7, and 
September 21 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 (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. This 
fishery will occur between 1200 hours local time on March 12 and 1200 
hours local time on November 18.
    (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 12 and terminate at 
1200 hours local time on November 18, 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 
18.

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 in 
accordance with paragraph (6).
    (9) No person shall possess halibut on board 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 in Net Weight by Regulatory Area
------------------------------------------------------------------------
                                              Catch limit--net weight
             Regulatory area             -------------------------------
                                              Pounds        Metric tons
------------------------------------------------------------------------
2A: directed commercial, and incidental          159,380            72.3
 commercial catch during salmon troll
 fishery................................
2B \3\..................................       7,650,000         3,469.4
2C......................................       2,330,000         1,056.7
3A......................................      14,360,000         6,512.5
3B......................................       7,510,000         3,405.9
4A......................................       2,410,000         1,093.0
4B......................................       2,180,000           988.7
4C......................................       1,690,000           766.4
4D......................................       1,690,000           766.4

[[Page 14307]]

 
4E......................................         340,000           154.2
------------------------------------------------------------------------
\3\ Area 2B includes the 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.
    (4) Notwithstanding paragraph (1), Area 2B will close only when all 
Individual Vessel Quotas (IVQs) assigned by DFO are taken, or November 
18, whichever is earlier.
    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, and 4E will each close only when all Individual Fishing Quotas 
(IFQ) and all CDQs issued by NMFS have been taken, or November 18, 
whichever is earlier.
    (6) If the Commission determines that the catch limit specified for 
Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour 
fishing period as specified in paragraph (2) of section 8, the catch 
limit for that area shall be considered to have been taken unless 
fishing period limits are implemented.
    (7) When under paragraphs (2), (3), and (6) the Commission has 
announced a date on which the catch limit for Area 2A will be taken, no 
person shall fish for halibut in that area after that date for the rest 
of the year, unless the Commission has announced the reopening of that 
area for halibut fishing.
    (8) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4E directed commercial fishery is 
equal to the combined annual catch limits specified for the Area 4D and 
Area 4E CDQ fisheries. The annual Area 4D CDQ catch limit will decrease 
by the equivalent amount of halibut CDQ taken in Area 4E in excess of 
the annual Area 4E CDQ catch limit.
    (9) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4D directed commercial fishery is 
equal to the combined annual catch limits specified for Area 4C and 
Area 4D. The annual Area 4C catch limit will decrease by the equivalent 
amount of halibut taken in Area 4D in excess of the annual Area 4D 
catch limit.
    Area 2B includes combined commercial and sport catch limits which 
will be allocated by DFO\3\.

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

[[Page 14308]]

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 or 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 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 Area 4C or 
4D or 4E and lands its total annual halibut catch at a port within Area 
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) or Tribal vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude 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 0000 (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

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fishery during the salmon troll season in Area 2A defined in paragraph 
(3) 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 registration number;
    (b) The date(s) upon which th