Pacific Halibut Fisheries; Catch Sharing Plan, 14586-14602 [2020-05228]
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14586
Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 200310–0075]
RIN 0648–BJ56
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The Assistant Administrator
for Fisheries, National Oceanic and
Atmospheric Administration (NOAA),
on behalf of the International Pacific
Halibut Commission (IPHC), publishes
as regulations the 2020 annual
management measures governing the
Pacific halibut fishery that have been
recommended by the IPHC and accepted
by the Secretary of State. This action is
intended to enhance the conservation of
Pacific halibut and further the goals and
objectives of the Pacific Fishery
Management Council (PFMC) and the
North Pacific Fishery Management
Council (NPFMC).
DATES: The IPHC’s 2020 annual
management measures are valid March
13, 2020. The 2020 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measures are effective until superseded.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; or Sustainable Fisheries
Division, NMFS West Coast 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, identified by
docket number NOAA–NMFS–2019–
0006.
SUMMARY:
For
waters off Alaska, Kurt Iverson, 907–
586–7210; or, for waters off the U.S.
West Coast, Kathryn Blair, 503–231–
6858.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended
regulations that would govern the
Pacific halibut fishery in 2020, pursuant
to the Convention between Canada and
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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, may accept or reject, on
behalf of the United States, regulations
recommended by the IPHC in
accordance with the Convention
(Halibut Act, Sections 773–773k). The
Secretary of State, with the concurrence
of the Secretary of Commerce, accepted
the 2020 IPHC regulations as provided
by the Halibut Act.
The Halibut Act provides the
Secretary of Commerce 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 of
Commerce 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 in
developing halibut management
programs for three fisheries that harvest
halibut in Alaska: The subsistence,
sport, and commercial fisheries. The
PFMC has exercised this authority by
developing a catch sharing plan
governing the allocation of halibut and
management of sport fisheries on the
U.S. West Coast.
The IPHC apportions catch limits for
the Pacific halibut fishery among
regulatory areas (Figure 1): Area 2A
(Oregon, Washington, and California),
Area 2B (British Columbia), Area 2C
(Southeast Alaska), Area 3A (Central
Gulf of Alaska), Area 3B (Western Gulf
of Alaska), and Area 4 (subdivided into
5 areas, 4A through 4E, in the Bering
Sea and Aleutian Islands of Western
Alaska).
Subsistence and sport halibut fishery
regulations for Alaska are codified at 50
CFR part 300. Commercial halibut
fisheries off Alaska are subject to the
Individual Fishing Quota (IFQ) Program
and Community Development Quota
(CDQ) Program (50 CFR part 679)
regulations, and the area-specific catch
sharing plans (CSPs) for Areas 2C, 3A,
and Areas 4C, 4D, and 4E.
The NPFMC implemented a CSP
among commercial IFQ and CDQ
halibut fisheries in IPHC Regulatory
Areas 4C, 4D, and 4E (Area 4, Western
Alaska) through rulemaking, and the
Secretary of Commerce approved the
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plan on March 20, 1996 (61 FR 11337).
The Area 4 CSP regulations were
codified at 50 CFR 300.65, and were
amended on March 17, 1998 (63 FR
13000). New annual regulations
pertaining to the Area 4 CSP also may
be implemented through IPHC action,
subject to acceptance by the Secretary of
State.
The NPFMC recommended and
NMFS implemented through
rulemaking a CSP for guided sport
(charter) and commercial IFQ halibut
fisheries in IPHC Regulatory Area 2C
and Area 3A on January 13, 2014 (78 FR
75844, December 12, 2013). The Area 2C
and 3A CSP regulations are codified at
50 CFR 300.65. The CSP defines an
annual process for allocating halibut
between the commercial and charter
fisheries so that each sector’s allocation
varies in proportion to halibut
abundance, specifies a public process
for setting annual management
measures, and authorizes limited annual
leases of commercial IFQ for use in the
charter fishery as guided angler fish
(GAF).
The IPHC held its annual meeting in
Anchorage, Alaska, February 3–7, 2020,
and recommended a number of changes
to the previous IPHC regulations (84 FR
9243 March 14, 2019). The Secretary of
State accepted the annual management
measures, including the following
changes to sections of the 2020 IPHC
regulations:
1. New commercial halibut fishery opening
and closing dates in Section 9;
2. New halibut catch limits in all
regulatory areas, including two new tables in
Section 5 that distinguish limits resulting
from Commission decisions from catch limits
that are the responsibility of the respective
United States and Canada governments.
3. New management measures for Area 2C
and Area 3A guided sport fisheries in Section
29.
4. An update of the regulatory description
of Subarea 2A–1 in Section 23.
5. An amendment that updates and
clarifies regulations in Section 16 for vessel
clearance requirements in IPHC Regulatory
Area 4.
6. Minor revisions and clarifications to
regulatory language, including a reordering of
some regulatory sections.
Pursuant to regulations at 50 CFR
300.62, the 2020 IPHC annual
management measures are published in
the Federal Register to provide notice of
their immediate regulatory effectiveness
and to inform persons subject to the
regulations of their restrictions and
requirements. Because NMFS publishes
the regulations applicable to the entire
Convention area, these regulations
include some provisions relating to and
affecting Canadian fishing and fisheries.
NMFS may implement more restrictive
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regulations for the fishery for halibut or
components of it; therefore, anglers are
advised to check the current Federal
and IPHC regulations prior to fishing.
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Catch Limits
The IPHC recommended to the
governments of Canada and the United
States fishery catch limits for 2020
totaling 27,480,000 lb (12,460.18 mt).
Overall, the IPHC recommended areaspecific catch limits for 2020 that were
lower than the catch limits
implemented in 2019. The catch limits
in most regulatory areas decreased, with
exceptions in Areas 2A, which
remained the same as 2019, and Areas
2B and 3B, where catch limits were
slightly higher relative to the 2019
implemented levels. A description of
the process the IPHC used to set these
catch limits follows.
In 2019, the IPHC conducted its
annual stock assessment using a range
of updated data sources as described in
detail in the IPHC overview of data
sources for the Pacific halibut stock
assessment, harvest policy, and related
analyses (IPHC–2020–AM096–09 Rev_2;
available at www.iphc.int). To evaluate
the Pacific halibut stock, the IPHC used
an ‘‘ensemble’’ of four equally weighted
models, comprised of two long timeseries models, and two short time-series
models incorporating data from 1996 to
the present. Each time-series length
used data series that are divided either
by four geographical regions or
aggregated into coastwide summaries.
These models incorporate data from the
2019 IPHC Fishery Independent Setline
Survey (FISS), the 2019 commercial
halibut fishery, the most recent NMFS
trawl survey, weight-at-age estimates by
region, the male/female ratio of the
directed commercial recreational
fisheries, and age distribution
information for bycatch, sport, and
sublegal discard removals.
As has been the case since 2012, the
results of the ensemble models are
integrated and incorporate uncertainty
in natural mortality rates,
environmental effects on recruitment,
and other structural and parameter
categories. The data and assessment
models used by the IPHC are reviewed
by the IPHC’s Scientific Review Board
comprised of non-IPHC scientists who
provide an independent scientific
review of the stock assessment data and
models and provide recommendations
to IPHC staff and to the Commission.
The Scientific Review Board did not
identify any substantive errors in the
data or methods used in the 2020 stock
assessment. NMFS believes the IPHC’s
data and assessments models constitute
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best available science on the status of
the Pacific halibut resource.
The IPHC’s data, including the FISS,
indicate that the Pacific halibut stock
declined continuously from the late
1990s to around 2012, largely as a result
of decreasing size at a given age (sizeat-age), higher harvest rates in early
2000s, as well as somewhat weaker
recruitment strengths than those
observed during the 1980s. Results from
the 2020 stock assessment incorporate
ongoing efforts to expand the FISS
throughout the survey range. Among
other things, improvements in the
setline spatial coverage have helped
reduce the uncertainty in the weight per
unit effort (WPUE) and number per unit
effort (NPUE) indices.
Overall, the biomass of spawning
females is estimated to have increased
gradually to 2016, then decreased to
approximately 194,000,000 lb
(87,996.92 mt) at the beginning of 2020.
This level is currently estimated to be
32 percent (with a 95% credible interval
of 22% to 46%) of unfished levels. This
estimate reflects updated calculations
recommended during stock assessment
external review and review by the
Scientific Review Board, as well as
developments in the IPHC Management
Strategy Evaluation.
The IPHC’s interim management
procedure strives to maintain the total
mortality of halibut across its range from
all sources based on a reference level of
fishing intensity so that the Spawning
Potential Ratio (SPR) is equal to 46
percent. The reference fishing intensity
of F46 percent SPR seeks to allow a
level of fishing intensity that is expected
to result in approximately 46 percent of
the spawning stock biomass per recruit
compared to an unfished stock (i.e., no
fishing mortality). Lower values indicate
higher fishing intensity. The 2020 stock
assessment and estimates of fishing
intensity were enhanced by newly
available data on the male/female sex
ratio of commercial fishery landings.
Refined and quantified information on
the sex ratio affected the treatment of
the stock assessment data for the
directed commercial fishery in the stock
assessment models; it did not change
the treatment or sex ratio estimates of
mortalities associated with the
recreational, subsistence, or nondirected halibut fisheries. Additional
information on the status of the halibut
resource under these catch limit
alternatives is provided in the Analysis
(see ADDRESSES).
The IPHC harvest decision table
(Table 4 in: Summary of the Data, Stock
Assessment, and Harvest Decision Table
for the Pacific Halibut Stock at the End
of 2019; IPHC–2020–AM096–09 Rev_2)
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provides a comparison of the relative
risk of a decrease in stock biomass,
status, or fishery metrics, for a range of
alternative harvest levels for 2020. The
harvest decision table employs two
metrics of fishing mortality: (1) The
Total Constant Exploitation Yield
(TCEY), which includes harvests and
incidental wastage from directed
commercial fisheries, plus mortality
estimates from sport, subsistence,
personal use, and estimates of nondirected discard mortality of halibut
over 26 inches; and, (2) Total Mortality,
which includes all the above sources of
mortality, plus estimates of non-directed
discard mortality of halibut less than 26
inches (U26). Although U26 halibut
mortality is factored into the stock
assessment and harvest strategy
calculations, there is currently no
reliable tool for describing the annual
distribution of halibut under 26 inches
across the entire coastwide area.
For 2020, the IPHC adopted a TCEY
totaling 36,600,000 lb (16,601.48 mt)
coastwide. This corresponds to a fishing
intensity of approximately F42 percent,
which is less restrictive than the interim
reference level of F46 percent, but
2,010,000 lb (911.72 mt) less than the
TCEY adopted in 2019. The IPHC noted
this management approach represents a
relatively conservative level of harvest
that considers the inherent uncertainties
in the stock assessment models. The
IPHC notes that under a broad range of
catch limits, including highly restrictive
catch limits, the halibut stock is likely
to experience a continued decrease in
spawning stock biomass given the best
available scientific information. In
making its recommendation, the IPHC
considered likely stock status, and
uncertainties in the status of the stock
as well as the significant social and
economic impacts of reduced catch
limits.
At a 36,600,000 lb TCEY, the IPHC
estimates that the spawning stock
biomass will decrease over the period
from 2021 to 2023 relative to 2020.
Specifically, the IPHC estimates that
there is a 95 percent probability that the
spawning stock biomass will decrease in
2021 relative to 2020, and that there is
a 58 percent probability that the
decrease in 2021 will be at least 5
percent of the 2020 spawning stock
biomass. The factors that the IPHC
considered in making their TCEY
recommendations are described in the
2020 Annual Meeting Report (IPHC–
2020–AM96_R) and the key
recommendations are briefly
summarized here.
This final rule does not establish the
combined commercial and recreational
catch limit for Area 2B (British
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Columbia), which is subject to
rulemaking by the Canada and British
Columbia governments. However, the
IPHC’s recommendation for the Area 2B
catch limit is directly related to the
current and future U.S. catch limits
established by this final rule and is
therefore discussed herein. The IPHC
recommended a 2020 TCEY of 6,830,000
lb (3,098.04 mt) for Area 2B, which
equates to 18.7 percent of the total
coastwide TCEY. The IPHC made this
recommendation after considering
recent historic harvests in Area 2B, the
distribution of the TCEY in Area 2B as
estimated from the FISS under the
current interim management procedure,
and other factors described in the 2020
IPHC Annual Meeting Report (IPHC–
2020–AM96_R).
The IPHC recommended an allocation
to Area 2A that would provide a TCEY
of 1,650,000 lb (748.43 mt) with a
combined commercial, subsistence, and
recreational catch limit of 1,500,000 lb
(680.39 mt). This allocation is larger
than the catch limit that would apply to
Area 2A under the adopted fishing
intensity of F42 percent and the
proportion of the stock as estimated
from the FISS under the current interim
management procedure. To achieve the
Area 2A and Area 2B allocations and
still maintain the target coastwide
fishing intensity of F42, the IPHC
recommended an overall reduction in
catch limits in other IPHC regulatory
areas in U.S. waters that are intended to
maintain total mortality to the adopted
fishing intensity of F42 percent.
After the allocations for Areas 2A and
2B are accounted for, the IPHC
apportioned the remaining TCEY to the
Alaska regulatory areas (Areas 2C
through Area 4) after considering the
distribution of harvestable biomass of
halibut based on the Fishery
Independent Setline Survey, as well as
2019 harvest rates, the
recommendations from the IPHC’s
advisory boards, public input, and
social and economic factors. The only
U.S. area with an increased TCEY
relative to 2019 is Area 3B (+7.6
percent; see Table 1). Information from
the Fishery Independent Setline Survey
indicated a higher amount of
harvestable biomass of halibut in Area
3B in 2020 relative to 2019. Areas 2C,
3A, 4A, 4B, and 4CDE received
decreases over 2019 levels that ranged
from ¥2.5 percent in Areas 4CDE to
¥9.8 percent in Area 4A. The IPHC
determined that the 2020 catch limit
recommendations are consistent with its
conservation objectives for the halibut
stock and its management objectives for
the halibut fisheries.
The IPHC also considered the Catch
Sharing Plan for Area 4CDE developed
by the NPFMC in its catch limit
recommendation. The Area 4CDE catch
limit is determined by subtracting
estimates of the Area 4CDE subsistence
harvests, commercial discard mortality,
and non-directed discard mortality of
halibut over 26 inches from the area
TCEY. When the resulting Area 4CDE
catch limit is greater than 1,657,600 lb
(751.87 mt), a direct allocation of 80,000
lb (36.29 mt) is made to Area 4E to
provide CDQ fishermen in that area
with additional harvesting opportunity.
After this 80,000 lb allocation is
deducted from the catch limit, the
remainder is divided among Areas 4C,
4D, and 4E according to the percentages
specified in the CSP. Those percentages
are 46.43 percent each to 4C and 4D,
and 7.14 percent to 4E. For 2020, the
IPHC recommended a catch limit for
Area 4CDE of 1,730,000 lb (925.33 mt).
TABLE 1—PERCENT CHANGE IN TCEY CATCH LIMITS FROM 2019 TO 2020 BY IPHC REGULATORY AREA
2019
Catch limit (lb)
Regulatory area
2A ...............................................................................................................................
2B ...............................................................................................................................
2C ..............................................................................................................................
3A ...............................................................................................................................
3B ...............................................................................................................................
4A ...............................................................................................................................
4B ...............................................................................................................................
4CDE .........................................................................................................................
Coastwide ..................................................................................................................
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Commercial Halibut Fishery Opening
and Closing Dates
The IPHC considers advice from the
IPHC’s two advisory boards when
selecting opening and closing dates for
the halibut fishery. The opening date for
all IPHC regulatory areas is March 14,
2020, which closely corresponds to the
2019 opening date of March 15. The
closing date for the halibut fisheries in
all regulatory areas is November 15,
2020. This date takes into account the
anticipated time required to fully
harvest the commercial halibut catch
limits, seasonal holidays, and adequate
time for IPHC staff to review the
complete record of 2020 commercial
catch data for use in the stock
assessment process.
For Area 2A, the IPHC recommended
that the non-treaty directed commercial
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1,650,000
6,830,000
6,340,000
13,500,000
2,900,000
1,940,000
1,450,000
4,000,000
38,610,000
fishery will open for 58 hours,
beginning at 0800 hours on June 22 and
closing at 1800 hours on June 24. After
this first opening, if the IPHC
determines that the fishing limit has not
been exceeded, it may announce other
Area 2A openings of up to three fishing
days in duration in two-week intervals
after the first Monday opening. Specific
fishing period limits (vessel quota) will
be determined and communicated by
IPHC.
Area 2A Catch Sharing Plan
The NMFS West Coast Region has
published a proposed rule for changes
to the Pacific Halibut Catch Sharing
Plan (CSP) for Area 2A off Washington,
Oregon, and California (85 FR 6883
February 6, 2020). Public comments
were accepted through March 9, 2020.
Following the comment period, the
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2020
Catch limit (lb)
1,650,000
6,830,000
5,850,000
12,200,000
3,120,000
1,750,000
1,310,000
3,900,000
36,600,000
Change from
2019 (percent)
0.0
0.0
¥7.7
¥9.6
7.6
¥9.8
¥9.7
¥2.5
¥5.2
West Coast Region will publish a final
rule to address the proposed changes to
the Area 2A CSP as well as portions of
the CSP and management measures that
are not implemented through the IPHC.
These measures include the sport
fishery allocations and management
measures for Area 2A. The proposed
and final rules for the Area 2A CSP will
be available on the NOAA Fisheries
West Coast Region’s website at https://
www.fisheries.noaa.gov/action/2020pacific-halibut-catch-sharing-plan, and
also at www.regulations.gov.
Catch Sharing Plan for Area 2C and
Area 3A
In 2014, NMFS implemented a CSP
for Area 2C and Area 3A. The CSP
defines an annual process for allocating
halibut between the charter and
commercial fisheries in Area 2C and
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Area 3A, and establishes allocations for
each fishery. To allow flexibility for
individual commercial and charter
fishery participants, the CSP also
authorizes annual transfers of
commercial halibut IFQ as GAF to
charter halibut permit holders for
harvest in the charter fishery. Under the
CSP, the IPHC recommends combined
catch limits (CCLs) for the charter and
commercial halibut fisheries in Area 2C
and Area 3A. Each CCL includes
estimates of discard mortality (wastage)
for each fishery. The CSP was
implemented to achieve the halibut
fishery management goals of the
NPFMC. More information is provided
in the final rule implementing the CSP
(78 FR 75844, December 12, 2013).
Implementing regulations for the CSP
are at 50 CFR 300.65. The Area 2C and
Area 3A CSP allocation tables are
located in Tables 1 through 4 of subpart
E of 50 CFR part 300.
At its February 2020 meeting, the
IPHC recommended a CCL of 4,260,000
lb (1,932.30 mt) for Area 2C. Following
the CSP allocations in Tables 1 and 3 of
subpart E of 50 CFR part 300, the charter
fishery is allocated 780,000 lb (353.80
mt) of the CCL and the remainder of the
CCL, 3,480,000 lb (1,578.50 mt), is
allocated to the commercial fishery.
Wastage in the amount of 70,000 lb
(31.75 mt) was deducted from the
commercial allocation to obtain the
commercial catch limit of 3,410,000 lb
(1,546.75 mt). The commercial
allocation (including wastage) decreased
by 190,000 lb (86.18 mt) or 5.2 percent,
from the 2019 allocation of 3,670,000 lb
(1,664.68 mt). The charter allocation for
2020 decreased by 40,000 lb (18.14 mt),
or 4.9 percent less than the 2019 charter
sector allocation of 820,000 lb (371.95
mt).
The IPHC recommended a CCL of
9,050,000 lb (4,105.01 mt) for Area 3A.
Following the CSP allocations in Tables
2 and 4 of subpart E of 50 CFR part 300,
the charter fishery is allocated 1,710,000
lb (775.64 mt) of the CCL and the
remainder of the CCL, 7,340,000 lb
(3,329.37 mt), is allocated to the
commercial fishery. Wastage in the
amount of 290,000 lb (131.54 mt) was
deducted from the commercial
allocation to obtain the commercial
catch limit of 7,050,000 lb (3,197.83 mt).
The commercial allocation (including
wastage) decreased by about 1,030,000
lb (317.51 mt) or 12.3 percent, from the
2019 allocation of 8,370,000 lb (3,796.57
mt). The charter allocation decreased by
180,000 lb (81.67 mt), or 9.5 percent,
from the 2019 allocation of 1,890,000 lb
(857.29 mt).
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Charter Halibut Management Measures
for Area 2C and Area 3A
Guided (charter) recreational halibut
anglers are managed under different
regulations than unguided recreational
halibut anglers in Areas 2C and 3A in
Alaska. According to Federal
regulations at 50 CFR 300.61, a charter
vessel angler means a person, paying or
non-paying, receiving sport fishing
guide services for halibut. Sport fishing
guide services means assistance, for
compensation or with the intent to
receive compensation, to a person who
is sport fishing, to take or attempt to
take halibut by accompanying or
physically directing the sport fisherman
in sport fishing activities during any
part of a charter vessel fishing trip. A
charter vessel fishing trip is the time
period between the first deployment of
fishing gear into the water from a
charter vessel by a charter vessel angler
and the offloading of one or more
charter vessel anglers or any halibut
from that vessel. The charter fishery
regulations described below apply only
to charter vessel anglers receiving sport
fishing guide services during a charter
vessel fishing trip for halibut in Area 2C
or Area 3A. These regulations do not
apply to unguided recreational anglers
in any regulatory area in Alaska, or
guided anglers in areas other than Areas
2C and 3A.
The NPFMC formed the Charter
Halibut Management Committee as an
industry advisory body to provide
recommendations for annual
management measures intended to limit
charter harvest to the charter catch
allocation. The committee is composed
of representatives from the charter
fishing industry in Areas 2C and 3A.
The committee considered previously
analyzed alternatives and also suggested
new alternative measures that were
analyzed in November 2019. For Area
3A, none of the alternative measures
resulted in projected removals within
the likely range, so the NPFMC
requested additional analyses, which
were subsequently reviewed in January
2020. After reviewing all the analyses of
the effects of the alternative measures
on estimated charter removals, the
committee made recommendations for
preferred management measures to the
NPFMC for 2020. The NPFMC
considered the recommendations of the
committee along with public testimony
to develop its recommendation to the
IPHC, and the IPHC took action
consistent with the NPFMC’s
recommendations. The NPFMC has
used this process to select and
recommend annual management
measures to the IPHC since 2012.
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The IPHC recognizes the role of the
NPFMC to develop policy and
regulations that allocate the Pacific
halibut resource among fishermen in
and off Alaska, and that NMFS has
developed numerous regulations to
support the NPFMC’s goals of limiting
charter harvests. For each regulatory
area, the analysis suggests the
management measures will achieve the
IPHC’s overall conservation objective to
keep halibut harvests within established
catch limits, and will also meet the
NPFMC’s allocation objectives. For
2020, the IPHC concluded that in Area
3A, with its lower recommended catch
limits relative to 2019, the management
measures should be more restrictive
than 2019. For Area 2C, the 2020 catch
limits are also lower than 2019.
However, the effect of management
measures over the last two years has
resulted in under-harvests of the charter
allocation by 18.9 and 11.6 percent,
respectively. Consequently, the IPHC
determined that the charter management
measures in Area 2C could be slightly
less restrictive than 2019. The IPHC
determined that limiting charter
harvests by implementing the
management measures discussed below
would meet the conservation and
allocation objectives.
Management Measures for Charter
Vessel Fishing in Area 2C
The preliminary estimate of 2019
charter removals in Area 2C was below
the 2019 charter allocation by 154,712
lb (70.31 mt) or 18.9 percent, indicating
that the management measures were
effective at limiting harvest by charter
vessel anglers to the charter allocation.
The two primary management measures
in Area 2C in 2019 were a daily bag
limit of 1 halibut per charter angler, and
size limits where retained halibut were
required to be less than or equal to 38
inches (96.5 cm), or greater than or
equal to 80 inches (203.2 cm). The effect
of these regulations is to limit both the
number and pounds of retained halibut.
The analysis also indicates that in most
years since 2014 when the CSP was
implemented, the Area 2C harvest has
been less than the allocation. Further
analysis of alternative management
measures indicates that both effort and
the number of harvested halibut is
projected to decrease in 2020 under
status quo regulations. When these
considerations were balanced with the
reduced charter allocation in 2020, the
IPHC concluded that less restrictive
management measures for Area 2C in
2020 are appropriate.
Specifically, for 2020 in Area 2C, the
IPHC recommended the continuation of
a one-fish daily bag limit with a reverse
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slot limit that prohibits a person on
board 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 greater than 40 inches
(101.6 cm) and less than 80 inches
(203.2 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 projected charter
removal under these measures is
772,000 lb (350.17 mt), which is 8,000
lb (3.63 mt) and 1.0 percent below the
charter allocation.
Management Measures for Charter
Vessel Fishing in Area 3A
The preliminary estimate of charter
removals in Area 3A in 2019 exceeded
the charter allocation by 122,246 lb
(55.45 mt), or 6.5 percent. Starting in
2014, charter vessel anglers in Area 3A
have been limited to a two-fish daily bag
limit with a maximum size limit on one
fish. One effect of the maximum size
limit has been that the number of fish
harvested per angler has steadily
decreased, but the average weight of
harvested fish has increased as many
anglers opted to maximize the size of
retained fish.
This final rule revises the
management measures that were
adopted for the charter halibut fishery
in Area 3A in 2019. The NPFMC and
IPHC considered 2019 information on
charter removals and the projections of
charter harvest for 2020. After
considering 2019 harvest information,
the NPFMC and IPHC determined that
more restrictive management measures
in Area 3A were appropriate to limit
charter removals, including wastage, to
the 2020 allocation.
For 2020, the IPHC recommended the
following management measures for
Area 3A: (1) A two-fish bag limit with
a 26-inch (66.0 cm) size limit on one of
the halibut; (2) a one-trip per day limit
for charter vessels and for charter
halibut permits for the entire season; (3)
an annual limit of four fish, with a
reporting requirement; and, (4)
prohibition on halibut retention by
charter vessel anglers on all Tuesdays
and all Wednesdays. The projected
charter harvest for 2020 under this
combination of recommended measures
is 1,696,000 lb (769.29 mt), and 14,000
lb (6.35 mt) below the charter allocation.
Each of these management measures is
described in more detail below.
Size Limit for Halibut Retained on a
Charter Vessel in Area 3A
The 2020 charter halibut fishery in
Area 3A will be managed under a twofish daily bag limit in which one of the
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retained halibut may be of any size and
one of the retained halibut must be 26
inches or less, as measured in a straight
line, passing over the pectoral fin from
the tip of the lower jaw to the extreme
end of the middle of the tail. This is a
decrease of the 28 inch (71.cm)
maximum size limit that was in place
from 2016 through 2019. This daily bag
and size limit will be combined with
additional restrictions to limit charter
halibut removals to the 2020 allocation.
Trip Limit for Charter Vessels
Harvesting Halibut in Area 3A
As in 2016 through 2019, charter
halibut permits and charter vessels are
only authorized for use to catch and
retain halibut on one charter halibut
fishing trip per day in Area 3A. If no
halibut are retained during a charter
vessel fishing trip, the charter halibut
permit and vessel may be used to take
an additional trip to catch and retain
halibut that day.
For purposes of the trip limit in Area
3A in 2020, a charter vessel fishing trip
will end when anglers or halibut are
offloaded, or at the end of the calendar
day, whichever occurs first. Charter
operators are still able to conduct
overnight trips and anglers may retain a
bag limit of halibut on two calendar
days, but operators are not allowed to
begin another overnight trip until the
day after the trip ends. GAF halibut are
exempt from the trip limit. Therefore,
GAF could be used to harvest halibut on
a second trip in a day, but only if
exclusively GAF halibut were harvested
on that trip.
Day-of-Week Closures in Area 3A
The NPFMC and the IPHC
recommended continuing the day-ofweek closure on Wednesdays for Area
3A in 2020. No retention of halibut by
charter vessel anglers will be allowed in
Area 3A on Wednesdays. To further
reduce harvest, retention of halibut is
also prohibited on all Tuesdays in 2020.
Retention of only GAF halibut will be
allowed on charter vessels on Tuesdays
and Wednesdays; all other halibut that
are caught while fishing on a charter
vessel must be released. The Tuesday
and Wednesday closures are expected to
effectively decrease the charter halibut
harvest, relative to previous years.
Annual Limit of Four Fish for Charter
Vessels Anglers in Area 3A
For 2020, charter vessel anglers will
continue to be limited to harvesting no
more than four halibut on charter vessel
fishing trips in Area 3A during a
calendar year. This limit applies only to
halibut caught and retained during
charter vessel fishing trips in Area 3A.
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Halibut harvested while unguided
fishing, fishing in other IPHC regulatory
areas, or harvested as GAF will not
accrue toward the annual limit.
To enforce the annual limit in 2020,
each charter vessel angler who is
required to have a State of Alaska sport
fishing license and who harvests halibut
will be required to record those halibut
on the back of the fishing license. For
those anglers who are not required to
have a sport fishing license (e.g., youth
and senior anglers), a nontransferable
Sport Harvest Record Card must be
obtained from an Alaska Department of
Fish and Game (ADF&G) office, the
ADF&G website, or a fishing license
vendor, on which to record halibut
harvested aboard a charter vessel.
Immediately upon retention of a halibut
for which an annual limit has been
established, the charter vessel angler
must record the date, location (Area
3A), and species of the catch (halibut),
in ink, on the harvest record card or
back of the sport fishing license.
If the original sport fishing license or
harvest record is lost, a duplicate or
additional sport fishing license or
harvest record card must be obtained
and completed for all halibut previously
retained during that year that were
subject to the annual limit.
Only halibut caught during a charter
vessel fishing trip in Area 3A accrue
toward the 4-fish annual limit and must
be recorded on the license or harvest
record card. As noted above, halibut
that are harvested while charter fishing
in regulatory areas other than Area 3A
will not accrue toward the annual limit
and are not subject to the reporting
requirement. Likewise, halibut
harvested while sport fishing without a
guide in Area 3A, harvested while
subsistence fishing, or harvested as GAF
do not accrue toward the annual limit
and should not be recorded on the
license or harvest record. Finally,
halibut that are caught in any
recreational fishery that bear IPHC
external tags are exempt from annual
limits, size limits, daily bag and
possession limits, and reporting
requirements (see Section 8 of the IPHC
regulations).
Other Regulatory Amendments
Update of the Regulatory Description of
Subarea 2A–1
The regulatory text in current Section
23 of the IPHC regulations describes the
usual and accustomed fishing area for
Treaty tribes that participate in IPHC
regulatory Area 2A. Formerly, the
description of subarea 2A–1 listed
latitude and longitude coordinates for
the western boundary of the area. On
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March 5, 2018, the United States District
Court for the Western District of
Washington revised the western
boundaries of the usual and accustomed
fishing areas for the Quileute Indian
Tribe and the Quinault Indian Nation.
United States v. Washington, 2:09-sp00001–RSM (W.D. Wash. March 5,
2018) (Order Regarding Boundaries of
Quinault and Quileute U&As). The IPHC
adopted, and Section 23 now
incorporates, a revised definition for
subarea 2A–1. The regulatory language
now contains a more general description
of the usual and accustomed fishing
areas for treaty tribes with fishing rights
to Pacific halibut, and makes the
definition consistent with the recent
court decision.
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Update and Clarify Vessel Clearance
Requirements
Section 16 of the 2020 IPHC
regulations specifies requirements for
the operation of halibut fishing vessels
in IPHC Areas 4A, 4B, 4C, and 4D. In
general, vessels must obtain a vessel
clearance before fishing in these areas,
and before landing halibut in any of the
areas. The primary intent of the
regulations is to ensure proper
harvesting and catch accounting among
adjacent IPHC regulatory areas. Section
16 provides several specific exemptions
to the basic vessel clearance
requirements. Among the exemptions,
subsection 16(16) allows an exemption
for vessels that carry a functioning
vessel monitoring system (VMS)
transmitter while halibut fishing, and
up to the point where all halibut are
properly offloaded.
The IPHC adopted new regulatory
language that updates Section 16(16) to
specify that a transmitting VMS, a
NOAA Fisheries observer, or a NOAA
Fisheries electronic monitoring system
will exempt a vessel from the vessel
clearance requirements, provided that
the vessel operator also complies with
appropriate NOAA Fisheries observer,
electronic monitoring or VMS
regulations.
Minor Revisions, Clarifications to
Regulatory Language, and Reordering of
Some Regulatory Sections
The IPHC adopted a significant
number of minor changes and
amendments to the IPHC regulations.
Many of the changes are made
throughout the regulations for stylistic
consistency among the Sections.
Although minor, the individual and
cumulative effect of the changes
improves clarity, consistency, and
currency in the regulations. Many of the
changes required a reordering and
renumbering of the regulations. The
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most prominent changes to the
regulations include:
1. Section 1, Short Title, is revised to use
a consistent naming convention.
2. Current Section 4, Regulatory Areas, is
amended to specify that the definition of
IPHC Regulatory Areas applies within the
IPHC Convention waters.
3. Current Section 5, is re-titled from
Limits to Mortality and Fishery Limits. A
new table is added that shows the IPHC
adopted TCEY distributed mortality for each
regulatory area. A second table provides the
catch limits that result from the TCEYs, as
applied to the catch sharing arrangements
employed by the respective Canada and
United States governments.
4. Current Section 7, Careful Release of
Pacific Halibut, is amended to include the
application of both minimum and maximum
size limits, in order to make the section
applicable to all fisheries.
5. Current Section 8, Retention of Tagged
Pacific Halibut, is revised to make it clear
that tagged fish do not count against
regulatory limits.
6. A table of commercial catch limits is
removed from the current Section 12, as this
information is now available in Section 5 and
is therefore redundant. Section 12 is also
retitled from Commercial Fishery Limits to
Application of Commercial Fishery Limits.
7. Current Section 15, Licensing Vessels for
IPHC Regulatory Area 2A, is amended to
make it clear that fishing vessels in IPHC
Regulatory Area 2A may hold both a license
for directed commercial fishing and a license
for incidental catch during the sablefish
fishery.
8. Current Section 18, Fishing Gear, is
amended to allow pots capable of catching
Pacific halibut. Former subsections (3)(a), (b),
and (c) are deleted for consistency; these
subsections are no longer valid or necessary
when pots are allowable gear.
9. Current Section 21, Receipt and
Possession of Pacific Halibut, is revised to
make it clear that IPHC Regulatory Area 2A
is included in Paragraph 6 as intended.
10. Section 23, Fishing by United States
Indian Tribes, is amended to remove
references to specific fishery sector
allocations, as this information is now
available in Section 5 and is therefore
redundant. Section 23 is also amended to
include the Metkalatka fishery in Area 2C in
Alaska.
11. References to specific fishery sector
allocations are removed from Section 27,
Sport Fishing for Pacific Halibut—IPHC
Regulatory Area 2A, as this information is
now available in current Section 5 and is
therefore redundant.
Annual Halibut Management Measures
The following annual management
measures for the 2020 Pacific halibut
fishery are those recommended by the
IPHC and accepted by the Secretary of
State, with the concurrence of the
Secretary of Commerce.
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14591
1. Short Title
These Regulations may be cited as the
International Pacific Halibut
Commission (IPHC) Regulations (2020).
2. Application
(1) These Regulations apply to
persons and vessels fishing for Pacific
halibut in, or possessing Pacific halibut
taken from, the maritime area as defined
in Section 3.
(2) Sections 3 to 8 and 30 apply
generally to all Pacific halibut fishing.
(3) Sections 8 to 23 apply to
commercial fishing for Pacific halibut.
(4) Section 24 applies to Indigenous
fisheries in British Columbia.
(5) Section 25 applies to customary
and traditional fishing in Alaska.
(6) Sections 26 to 29 apply to
recreational (also called sport) fishing
for Pacific halibut.
(7) 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
(NOAA Fisheries), Department of
Fisheries and Oceans (DFO), Alaska
Wildlife Troopers (AWT), United States
Coast Guard (USCG), Washington
Department of Fish and Wildlife
(WDFW), the Oregon State Police (OSP),
and California Department of Fish and
Wildlife (CDFW);
(b) ‘‘authorized clearance personnel’’
means an authorized officer of the
United States of America, a
representative of the Commission, or a
designated fish processor;
(c) ‘‘charter vessel’’ outside of Alaska
waters means a vessel used for hire in
recreational (sport) fishing for Pacific
halibut, but not including a vessel
without a hired operator, and in Alaska
waters means a vessel used while
providing or receiving recreational
(sport) fishing guide services for Pacific
halibut;
(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)
recreational (sport) fishing; (ii) treaty
Indian ceremonial and subsistence
fishing as referred to in section 23, (iii)
Indigenous groups fishing in British
Columbia as referred to in section 24;
and (iv) customary and traditional
fishing as referred to in section 25 and
defined by and regulated pursuant to
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NOAA Fisheries regulations published
at 50 CFR part 300;
(e) ‘‘Commission’’ or ‘‘IPHC’’ means
the International Pacific Halibut
Commission;
(f) ‘‘daily bag limit’’ means the
maximum number of Pacific 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 gear anywhere in the
maritime area;
(h) ‘‘fishing period limit’’ means the
maximum amount of Pacific halibut that
may be retained and landed by a vessel
during one fishing period;
(i) ‘‘land’’ or ‘‘offload’’ with respect to
Pacific halibut, means the removal of
Pacific halibut from the catching vessel;
(j) ‘‘license’’ means a Pacific halibut
fishing license issued by the
Commission pursuant to section 15;
(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 Pacific halibut
means the weight of Pacific halibut that
is without gills and entrails, head-off,
washed, and without ice and slime. If a
Pacific 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
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 IPHC
Regulatory Area referred to in section 4;
(q) ‘‘setline gear’’ means one or more
stationary, buoyed, and anchored lines
with hooks attached;
(r) ‘‘sport fishing’’ or ‘‘recreational
fishing’’ means all fishing other than (i)
commercial fishing; (ii) treaty Indian
ceremonial and subsistence fishing as
referred to in section 23; (iii) Indigenous
groups fishing in British Columbia as
referred to in section 24; and (iv)
customary and traditional fishing as
referred to in section 25 and defined in
and regulated pursuant to NOAA
Fisheries regulations published in 50
CFR part 300;
(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 NOAA
Fisheries-approved vessel monitoring
system transmitter that automatically
determines a vessel’s position and
transmits it to a NOAA Fisheriesapproved communications service
provider.1
(2) In these Regulations, all bearings
are true and all positions are determined
by the most recent charts issued by the
United States National Ocean Service or
the Canadian Hydrographic Service.
4. IPHC Regulatory Areas
The following areas within the IPHC
Convention waters shall be defined as
IPHC Regulatory Areas for the purposes
of the Convention (see Figure 1):
(1) IPHC Regulatory Area 2A includes
all waters off the states of California,
Oregon, and Washington;
(2) IPHC Regulatory Area 2B includes
all waters off British Columbia;
(3) IPHC Regulatory Area 2C includes
all waters off Alaska that are east of a
line running 340° true from Cape
Spencer Light (58°11′56″ N latitude,
136°38′26″ W longitude) and south and
east of a line running 205° true from
said light;
(4) IPHC Regulatory Area 3A includes
all waters between Area 2C and a line
extending from the most northerly point
on Cape Aklek (57°41′15″ N latitude,
155°35′00″ W longitude) to Cape Ikolik
(57°17′17″ N latitude, 154°47′18″ W
longitude), then along the Kodiak Island
coastline to Cape Trinity (56°44′50″ N
latitude, 154°08′44″ W longitude), then
140° true;
(5) IPHC Regulatory Area 3B includes
all waters between Area 3A and a line
extending 150° true from Cape Lutke
(54°29′00″ N latitude, 164°20′00″ W
longitude) and south of 54°49′00″ N
latitude in Isanotski Strait;
(6) IPHC Regulatory Area 4A includes
all waters in the Gulf of Alaska west of
Area 3B and in the Bering Sea west of
the closed area defined in section 10
that are east of 172°00′00″ W longitude
and south of 56°20′00″ N latitude;
(7) IPHC Regulatory Area 4B includes
all waters in the Bering Sea and the Gulf
of Alaska west of IPHC Regulatory Area
4A and south of 56°20′00″ N latitude;
(8) IPHC Regulatory Area 4C includes
all waters in the Bering Sea north of
IPHC Regulatory Area 4A and north of
the closed area defined in section 10
which are east of 171°00′00″ W
longitude, south of 58°00′00″ N latitude,
and west of 168°00′00″ W longitude;
(9) IPHC Regulatory Area 4D includes
all waters in the Bering Sea north of
IPHC Regulatory Areas 4A and 4B, north
and west of IPHC Regulatory Area 4C,
and west of 168°00′00″ W longitude;
and
(10) IPHC Regulatory Area 4E
includes all waters in the Bering Sea
north and east of the closed area defined
in section 10, east of 168°00′00″ W
longitude, and south of 65°34′00″ N
latitude.
5. Mortality and Fishery Limits
(1) The Commission has adopted the
following distributed mortality (TCEY)
limits:
Distributed mortality limits (TCEY)
(net weight)
IPHC Regulatory Area
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Tonnes
(t)
Area
Area
Area
Area
Area
Area
Area
2A (California, Oregon, and Washington) ..........................................................................................
2B (British Columbia) ..........................................................................................................................
2C (southeastern Alaska) ...................................................................................................................
3A (central Gulf of Alaska) .................................................................................................................
3B (western Gulf of Alaska) ................................................................................................................
4A (eastern Aleutians) ........................................................................................................................
4B (central/western Aleutians) ............................................................................................................
1 Call NOAA Enforcement Division, Alaska
Region, at 907–586–7225 between the hours of 0800
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and 1600 local time for a list of NOAA Fisheries-
PO 00000
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Million pounds
(Mlb)
748
3,098
2,654
5,534
1,415
794
594
1.65
6.83
5.85
12.20
3.12
1.75
1.31
approved VMS transmitters and communications
service providers.
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Distributed mortality limits (TCEY)
(net weight)
IPHC Regulatory Area
Tonnes
(t)
Million pounds
(Mlb)
Areas 4CDE (Bering Sea) ...........................................................................................................................
1,769
3.90
Total ......................................................................................................................................................
16,601
36.60
(2) The fishery limits resulting from
the IPHC-adopted distributed mortality
(TCEY) limits and the existing
Contracting Party catch sharing
arrangements are as follows, recognizing
that each Contracting Party may
implement more restrictive limits:
Fishery limits
(net weight)
IPHC Regulatory Area
Tonnes
(t)
Million pounds
(Mlb)*
Area 2A (California, Oregon, and Washington) ..........................................................................................
Non-treaty directed commercial (south of Pt. Chehalis) ......................................................................
Non-treaty incidental catch in salmon troll fishery ...............................................................................
Non-treaty incidental catch in sablefish fishery (north of Pt. Chehalis) ...............................................
Treaty Indian commercial .....................................................................................................................
Treaty Indian ceremonial and subsistence (year-round) .....................................................................
Recreational—Washington ...................................................................................................................
Recreational—Oregon ..........................................................................................................................
Recreational—California .......................................................................................................................
Area 2B (British Columbia) ..........................................................................................................................
Commercial fishery ...............................................................................................................................
Recreational fishery ..............................................................................................................................
Area 2C (southeastern Alaska) (combined commercial/guided recreational) .............................................
Commercial fishery (3.41 Mlb catch and 0.70 Mlb incidental mortality) ..............................................
Guided recreational fishery (includes catch and incidental mortality) .................................................
Area 3A (central Gulf of Alaska) (combined commercial/guided recreational) ...........................................
Commercial fishery (7.05 Mlb catch and 0.29 Mlb incidental mortality) ..............................................
Guided recreational fishery (includes catch and incidental mortality) .................................................
Area 3B (western Gulf of Alaska) ................................................................................................................
Area 4A (eastern Aleutians) ........................................................................................................................
Area 4B (central/western Aleutians) ............................................................................................................
Areas 4CDE .................................................................................................................................................
Area 4C (Pribilof Islands) .....................................................................................................................
Area 4D (northwestern Bering Sea) .....................................................................................................
Area 4E (Bering Sea flats) ...................................................................................................................
680
115
20
32
224
15
126
131
18
2,722
2,322
399
1,932
1,579
354
4,110
3,329
776
1,093
640
499
785
347
347
90
1.50
* 254,426
* 44,899
* 70,000
* 492,800
* 32,200
* 277,100
* 289,575
* 39,000
6.00
5.12
0.88
4.26
3.48
0.78
9.06
7.34
1.71
2.41
1.41
1.10
1.73
0.766
0.766
0.198
Total ...............................................................................................................................................
12,465
27.48
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share Plan are listed in pounds.
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6. 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
fishery limit established preseason for
each IPHC 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 of America; and
(c) is consistent, to the maximum
extent practicable, with any domestic
catch sharing plans or other domestic
allocation programs developed by the
governments of Canada or the United
States of America.
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(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 (sport) 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 Pacific halibut
processors; Federal, State, United States
of America treaty Indian, and Provincial
fishery officials; and the media.
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 Pacific halibut with
a gaff.
(2) Except that paragraph (1) shall not
prohibit the possession of Pacific
halibut on board a vessel that has been
brought aboard to be measured to
determine if the applicable size limit of
the Pacific halibut is met and, if not
legal-sized, is promptly returned to the
sea with a minimum of injury.
7. Careful Release of Pacific Halibut
(1) All Pacific halibut that are caught
and are not retained shall be
immediately released outboard of the
(1) Nothing contained in these
Regulations prohibits any vessel at any
time from retaining and landing a
Pacific halibut that bears a Commission
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8. Retention of Tagged Pacific Halibut
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external tag at the time of capture, if the
Pacific halibut with the tag still attached
is reported at the time of landing and
made available for examination by a
representative of the Commission or by
an authorized officer.
(2) After examination and removal of
the tag by a representative of the
Commission or an authorized officer,
the Pacific halibut:
(a) May be retained for personal use;
or
(b) may be sold only if the Pacific
halibut is caught during commercial
Pacific halibut fishing and complies
with the other commercial fishing
provisions of these Regulations.
(3) Any Pacific halibut that bears a
Commission external tag will not count
against commercial fishing period
limits, Individual Vessel Quotas (IVQ),
Individual Transferable Quota (ITQ),
Community Development Quotas
(CDQ), or Individual Fishing Quotas
(IFQ), and are not subject to size limits
in these regulations, but should still be
recorded in the landing record.
(4) Any Pacific halibut that bears a
Commission external tag will not count
against recreational (sport) daily bag
limits or possession limits, may be
retained outside of recreational (sport)
fishing seasons, and are not subject to
size limits in these regulations.
(5) Any Pacific halibut that bears a
Commission external tag will not count
against daily bag limits, possession
limits, or fishery limits in the fisheries
described in section 23, paragraph
(1)(c), section 24, or section 25.
9. Fishing Periods
(1) The fishing periods for each IPHC
Regulatory Area apply where the fishery
limits specified in section 5 have not
been taken.
(2) Unless the Commission specifies
otherwise, commercial fishing for
Pacific halibut in all IPHC Regulatory
Areas may begin no earlier in the year
than 1200 local time on 14 March.
(3) All commercial fishing for Pacific
halibut in all IPHC Regulatory Areas
shall cease for the year at 1200 local
time on 15 November.
(4) The first fishing period in the
IPHC Regulatory Area 2A non-tribal
directed commercial fishery 2 shall
begin at 0800 on the fourth Monday in
June and terminate at 1800 local time on
the subsequent Wednesday, unless the
Commission specifies otherwise. If the
Commission determines that the fishery
limit specified for IPHC Regulatory Area
2 The non-tribal directed fishery is restricted to
waters that are south of Point Chehalis,
Washington, (46°53.30′ N latitude) under
regulations promulgated by NOAA Fisheries and
published in the Federal Register.
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2A in Section 5 has not been exceeded,
it may announce a second fishing period
of up to three fishing days to begin on
Monday two weeks after the first period,
and, if necessary, a third fishing period
of up to three fishing days to begin on
Monday four weeks after the first
period.
(5) Notwithstanding paragraph (4),
and paragraph (6) of section 12, an
incidental catch fishery 3 is authorized
during the sablefish seasons in IPHC
Regulatory Area 2A in accordance with
regulations promulgated by NOAA
Fisheries. This fishery will occur
between the dates and times listed in
paragraphs (2) and (3) of this section.
(6) Notwithstanding paragraph (4),
and paragraph (6) of section 12, an
incidental catch fishery is authorized
during salmon troll seasons in IPHC
Regulatory Area 2A in accordance with
regulations promulgated by NOAA
Fisheries. This fishery will occur
between the dates and times listed in
paragraphs (2) and (3) of this section.
10. Closed Area
All waters in the Bering Sea north of
55°00′00″ N latitude in Isanotski Strait
that are enclosed by a line from Cape
Sarichef Light (54°36′00″ N latitude,
164°55′42″ W longitude) to a point at
56°20′00″ N latitude, 168°30′00″ W
longitude; thence to a point at 58°21′25″
N latitude, 163°00′00″ W longitude;
thence to Strogonof Point (56°53′18″ N
latitude, 158°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 Pacific halibut
fishing and no person shall fish for
Pacific halibut therein or have Pacific
halibut in his/her possession while in
those waters except in the course of a
continuous transit across those waters.
All waters in Isanotski Strait between
55°00′00″ N latitude and 54°49′00″ N
latitude are closed to Pacific halibut
fishing.
11. Closed Periods
(1) No person shall engage in fishing
for Pacific halibut in any IPHC
Regulatory Area other than during the
fishing periods set out in section 9 in
respect of that area.
(2) No person shall land or otherwise
retain Pacific halibut caught outside a
fishing period applicable to the IPHC
3 The incidental fishery during the directed, fixed
gear sablefish season is restricted to waters that are
north of Point Chehalis, Washington, (46°53.30′ N
latitude) under regulations promulgated by NOAA
Fisheries at 50 CFR 300.63. Landing restrictions for
Pacific halibut retention in the fixed gear sablefish
fishery can be found at 50 CFR 660.231.
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Regulatory Area where the Pacific
halibut was taken.
(3) Subject to paragraphs (7), (8), (9),
and (10) of section 18, these Regulations
do not prohibit fishing for any species
of fish other than Pacific halibut during
the closed periods.
(4) Notwithstanding paragraph (3), no
person shall have Pacific halibut in his/
her possession while fishing for any
other species of fish during the closed
periods.
(5) No vessel shall retrieve any Pacific
halibut fishing gear during a closed
period if the vessel has any Pacific
halibut on board.
(6) A vessel that has no Pacific halibut
on board may retrieve any Pacific
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 Pacific 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 Pacific
halibut caught on gear retrieved in
accordance with paragraph (6).
(9) No person shall possess Pacific
halibut on board a vessel in an IPHC
Regulatory Area during a closed period
unless that vessel is in continuous
transit to or within a port in which that
Pacific halibut may be lawfully sold.
12. Application of Commercial Fishery
Limits
(1) Notwithstanding the fishery limits
described in section 5, regulations
pertaining to the division of the IPHC
Regulatory Area 2A fishery limit
between the directed commercial
fishery and the incidental catch fishery
as described in paragraphs (5) and (6) of
section 9 will be promulgated by NOAA
Fisheries and published in the Federal
Register.
(2) The Commission shall determine
and announce to the public the date on
which the fishery limit for IPHC
Regulatory Area 2A will be taken.
(3) Notwithstanding the fishery limits
described in section 5, the commercial
fishing in IPHC Regulatory Area 2B will
close only when all Individual Vessel
Quotas (IVQ) and Individual
Transferable Quotas (ITQ) assigned by
DFO are taken, or 15 November,
whichever is earlier.
(4) Notwithstanding the fishery limits
described in section 5, IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E will each close only when all
Individual Fishing Quotas (IFQ) and all
CDQ issued by NOAA Fisheries have
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been taken, or 15 November, whichever
is earlier.
(5) If the Commission determines that
the fishery limit specified for IPHC
Regulatory Area 2A in section 5 would
be exceeded in an additional directed
commercial fishing period as specified
in paragraph (4) of section 9, the fishery
limit for that area shall be considered to
have been taken and the directed
commercial fishery closed as announced
by the Commission.
(6) When under paragraphs (1), (2),
and (5) the Commission has announced
a date on which the fishery limit for
IPHC Regulatory Area 2A will be taken,
no person shall fish for Pacific halibut
in that area after that date for the rest
of the year, unless the Commission has
announced the reopening of that area for
Pacific halibut fishing.
(7) Notwithstanding the fishery limits
described in section 5, the total
allowable catch of Pacific halibut that
may be taken in the IPHC Regulatory
Area 4E directed commercial fishery is
equal to the combined annual fishery
limits specified for the IPHC Regulatory
Areas 4D and 4E CDQ fisheries and any
IPHC Regulatory Area 4D IFQ received
by transfer by a CDQ organization. The
annual IPHC Regulatory Area 4D fishery
limit will decrease by the equivalent
amount of CDQ and IFQ received by
transfer by a CDQ organization taken in
IPHC Regulatory Area 4E in excess of
the annual IPHC Regulatory Area 4E
fishery limit.
(8) Notwithstanding the fishery limits
described in section 5, the total
allowable catch of Pacific halibut that
may be taken in the IPHC Regulatory
Area 4D directed commercial fishery is
equal to the combined annual fishery
limits specified for IPHC Regulatory
Areas 4C and 4D. The annual IPHC
Regulatory Area 4C fishery limit will
decrease by the equivalent amount of
Pacific halibut taken in IPHC Regulatory
Area 4D in excess of the annual IPHC
Regulatory Area 4D fishery limit.
13. Fishing in Regulatory IPHC
Regulatory Areas 4D and 4E
(1) Section 13 applies only to any
person fishing for, or any vessel that is
used to fish for, IPHC Regulatory Area
4E Community Development Quota
(CDQ) Pacific halibut, IPHC Regulatory
Area 4D CDQ Pacific halibut, or IPHC
Regulatory Area 4D IFQ received by
transfer by a CDQ organization provided
that the total annual Pacific halibut
catch of that person or vessel is landed
at a port within IPHC Regulatory Areas
4E or 4D.
(2) A person may retain Pacific
halibut taken with setline gear that are
smaller than the size limit specified in
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section 19, provided that no person may
sell or barter such Pacific halibut.
(3) The manager of a CDQ
organization that authorizes persons to
harvest Pacific halibut in the IPHC
Regulatory Area 4E or 4D CDQ fisheries
or IFQ received by transfer by a CDQ
organization must report to the
Commission the total number and
weight of undersized Pacific halibut
taken and retained by such persons
pursuant to section 13, paragraph (2).
This report, which shall include data
and methodology used to collect the
data, must be received by the
Commission prior to 1 November of the
year in which such Pacific halibut were
harvested.
14. Fishing Period Limits
(1) It shall be unlawful for any vessel
to retain more Pacific 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 Pacific halibut during a
fishing period when fishing period
limits are in effect must, upon
commencing an offload of Pacific
halibut to a commercial fish processor,
completely offload all Pacific halibut on
board said vessel to that processor and
ensure that all Pacific halibut is
weighed and reported on State fish
tickets.
(3) The operator of any vessel that
fishes for Pacific halibut during a
fishing period when fishing period
limits are in effect must, upon
commencing an offload of Pacific
halibut other than to a commercial fish
processor, completely offload all Pacific
halibut on board said vessel and ensure
that all Pacific halibut are weighed and
reported on State fish tickets.
(4) The provisions of paragraph (3) are
not intended to prevent retail over-theside sales to individual purchasers so
long as all the Pacific 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 fishery limit.
(6) Length classes are shown in the
following table:
Overall length
(in feet)
Vessel
class
1–25 ..............................................
26–30 ............................................
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A
B
14595
Overall length
(in feet)
31–35 ............................................
36–40 ............................................
41–45 ............................................
46–50 ............................................
51–55 ............................................
56+ ...............................................
Vessel
class
C
D
E
F
G
H
(7) Fishing period limits in IPHC
Regulatory Area 2A apply only to the
directed Pacific halibut fishery referred
to in paragraph (4) of section 9.
15. Licensing Vessels for IPHC
Regulatory Area 2A
(1) No person shall fish for Pacific
halibut from a vessel, nor possess
Pacific halibut on board a vessel, used
either for commercial fishing or as a
charter vessel in IPHC Regulatory Area
2A, unless the Commission has issued
a license valid for fishing in IPHC
Regulatory Area 2A in respect of that
vessel.
(2) A license issued for a vessel
operating in IPHC Regulatory 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 IPHC
Regulatory Area 2A commercial license
cannot be used to recreationally (sport)
fish for Pacific halibut in IPHC
Regulatory Area 2A.
(4) A license issued for a vessel
operating in the commercial fishery in
IPHC Regulatory Area 2A shall be valid
for one of the following:
(a) The directed commercial fishery
during the fishing periods specified in
paragraph (4) of section 9;
(b) the incidental catch fishery during
the sablefish fishery specified in
paragraph (5) of section 9; or
(c) the incidental catch fishery during
the salmon troll fishery specified in
paragraph (6) of section 9.
(5) A vessel with a valid license for
the IPHC Regulatory Area 2A incidental
catch fishery during the sablefish
fishery described in paragraph (4)(b)
may also apply for or be issued a license
for the directed commercial fishery
described in paragraph (4)(a).
(6) 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.
(7) The Commission shall issue a
license in respect to a vessel from its
office in Seattle, Washington, upon
receipt of a completed ‘‘Application for
Vessel License for the Pacific Halibut
Fishery’’ form.
(8) A vessel operating in the directed
commercial fishery in IPHC Regulatory
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Area 2A must have submitted its
‘‘Application for Vessel License for the
Pacific Halibut Fishery’’ form no later
than 2359 local time on 30 April, or the
first weekday in May if 30 April is a
Saturday or Sunday.
(9) A vessel operating in the
incidental catch fishery during the
sablefish fishery in IPHC Regulatory
Area 2A must have submitted its
‘‘Application for Vessel License for the
Pacific Halibut Fishery’’ form no later
than 2359 local time on 15 March, or the
next weekday in March if 15 March is
a Saturday or Sunday.
(10) A vessel operating in the
incidental catch fishery during the
salmon troll fishery in IPHC Regulatory
Area 2A must have submitted its
‘‘Application for Vessel License for the
Pacific Halibut Fishery’’ form no later
than 2359 local time on 15 March, or the
next weekday in March if 15 March is
a Saturday or Sunday.
(11) Applications are submitted on
the IPHC Secretariat web page.
(12) Information on the ‘‘Application
for Vessel License for the Pacific Halibut
Fishery’’ form must be accurate.
(13) The ‘‘Application for Vessel
License for the Pacific Halibut Fishery’’
form shall be completed by the vessel
owner.
(14) Licenses issued under this
section shall be valid only during the
year in which they are issued.
(15) A new license is required for a
vessel that is sold, transferred, renamed,
or for which the documentation is
changed.
(16) The license required under this
section is in addition to any license,
however designated, that is required
under the laws of the United States of
America or any of its States.
(17) The United States of America
may suspend, revoke, or modify any
license issued under this section under
policies and procedures in U.S. Code
Title 15, CFR part 904.
16. Vessel Clearance in IPHC Regulatory
Area 4
(1) The operator of any vessel that
fishes for Pacific halibut in IPHC
Regulatory Areas 4A, 4B, 4C, or 4D must
obtain a vessel clearance before fishing
in any of these areas, and before the
landing of any Pacific 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
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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
IPHC Regulatory 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 of America, a
representative of the Commission, or a
designated fish processor.
(4) The vessel clearance required
under paragraph (1) prior to fishing in
IPHC Regulatory Area 4B may only be
obtained at Nazan Bay on Atka Island or
Adak, Alaska, from an authorized officer
of the United States of America, a
representative of the Commission, or a
designated fish processor.
(5) The vessel clearance required
under paragraph (1) prior to fishing in
IPHC Regulatory 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 Pacific
halibut caught in IPHC Regulatory 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 of America, a
representative of the Commission, or a
designated fish processor.
(8) Before unloading any Pacific
halibut caught in IPHC Regulatory 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 of America,
a representative of the Commission, or
a designated fish processor by VHF
radio or in person.
(9) Before unloading any Pacific
halibut caught in IPHC Regulatory Areas
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 of America,
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.
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(10) Any vessel operator who
complies with the requirements in
section 17 for possessing Pacific halibut
on board a vessel that was caught in
more than one regulatory area in IPHC
Regulatory 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
IPHC Regulatory 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 of America, 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 Pacific
halibut from IPHC Regulatory 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 of
America, 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, local
time.
(12) No Pacific halibut shall be on
board the vessel at the time of the
clearances required prior to fishing in
IPHC Regulatory Area 4.
(13) Any vessel that is used to fish for
Pacific halibut only in IPHC Regulatory
Area 4A and lands its total annual
Pacific halibut catch at a port within
IPHC Regulatory Area 4A is exempt
from the clearance requirements of
paragraph (1).
(14) Any vessel that is used to fish for
Pacific halibut only in IPHC Regulatory
Area 4B and lands its total annual
Pacific halibut catch at a port within
IPHC Regulatory Area 4B is exempt
from the clearance requirements of
paragraph (1).
(15) Any vessel that is used to fish for
Pacific halibut only in IPHC Regulatory
Areas 4C or 4D or 4E and lands its total
annual Pacific halibut catch at a port
within IPHC Regulatory Areas 4C, 4D,
4E, or the closed area defined in section
10, is exempt from the clearance
requirements of paragraph (1).
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(16) Any vessel that carries a NOAA
Fisheries observer, a NOAA Fisheries
electronic monitoring system, or a
transmitting VMS transmitter while
fishing for Pacific halibut in IPHC
Regulatory Areas 4A, 4B, 4C, or 4D and
until all Pacific halibut caught in any of
these IPHC Regulatory 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 NOAA Fisheries’
observer or electronic monitoring
regulations published at 50 CFR subpart
E, or vessel monitoring system
regulations published at 50 CFR
679.28(f)(3), (4) and (5); and
(b) the operator of the vessel notifies
NOAA Fisheries Office for Law
Enforcement at 800–304–4846 (select
option 1 to speak to an Enforcement
Data Clerk) between the hours of 0600
and 0000 (midnight) local time within
72 hours before fishing for Pacific
halibut in IPHC Regulatory Areas 4A,
4B, 4C, or 4D and receives a VMS
confirmation number.
17. Fishing Multiple Regulatory Areas
(1) Except as provided in this section,
no person shall possess at the same time
on board a vessel Pacific halibut caught
in more than one IPHC Regulatory Area.
(2) Pacific halibut caught in more than
one of the IPHC Regulatory Areas 2C,
3A, 3B, 4A, 4B, 4C, 4D, or 4E may be
possessed on board a vessel at the same
time only if:
(a) Authorized by NOAA Fisheries
regulations published at 50 CFR Section
679.7(f)(4); and
(b) the operator of the vessel identifies
the regulatory area in which each
Pacific halibut on board was caught by
separating Pacific halibut from different
areas in the hold, tagging Pacific
halibut, or by other means.
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18. Fishing Gear
(1) No person shall fish for Pacific
halibut using any gear other than hook
and line gear,
(a) except that vessels licensed to
catch sablefish in IPHC Regulatory Area
2B using sablefish trap gear as defined
in the Condition of Licence can retain
Pacific halibut caught as bycatch under
regulations promulgated by DFO; or
(b) except that a person may retain
Pacific halibut taken with longline or
single pot gear if such retention is
authorized by NOAA Fisheries
regulations published at 50 CFR part
679.
(2) No person shall possess Pacific
halibut taken with any gear other than
hook and line gear,
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(a) except that vessels licensed to
catch sablefish in IPHC Regulatory Area
2B using sablefish trap gear as defined
by the Condition of Licence can retain
Pacific halibut caught as bycatch under
regulations promulgated by DFO; or
(b) except that a person may possess
Pacific halibut taken with longline or
single pot gear if such possession is
authorized by NOAA Fisheries
regulations published at 50 CFR part
679.
(3) No person shall possess Pacific
halibut while on board a vessel carrying
any trawl nets.
(4) All gear marker buoys carried on
board or used by any United States of
America vessel used for Pacific 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 gear marker buoys carried on
board or used by a Canadian vessel used
for Pacific 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 IPHC Regulatory Area 2A during the
72-hour period immediately before the
fishing period for the directed
commercial fishery shall catch or
possess Pacific halibut anywhere in
those waters during that Pacific halibut
fishing period unless, prior to the start
of the Pacific 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 IPHC
Regulatory Area 2A during the 72-hour
period immediately before the fishing
period for the directed commercial
fishery may be used to catch or possess
Pacific halibut anywhere in those waters
during that Pacific halibut fishing
period unless, prior to the start of the
Pacific 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
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14597
(b) submitted to a hold inspection by
an authorized officer.
(9) No person on board a vessel used
to fish for any species of fish anywhere
in IPHC Regulatory Areas 2B, 2C, 3A,
3B, 4A, 4B, 4C, 4D, or 4E during the 72hour period immediately before the
opening of the Pacific halibut fishing
season shall catch or possess Pacific
halibut anywhere in those areas until
the vessel has removed all of its 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 used to fish for any
species of fish anywhere in IPHC
Regulatory Areas 2B, 2C, 3A, 3B, 4A,
4B, 4C, 4D, or 4E during the 72-hour
period immediately before the opening
of the Pacific halibut fishing season may
be used to catch or possess Pacific
halibut anywhere in those areas until
the vessel has removed all of its gear
from the water and has either:
(a) Made a landing and completely
offloaded its entire catch of other fish;
or
(b) submitted to a hold inspection by
an authorized officer.
(11) Notwithstanding any other
provision in these Regulations, a person
may retain, possess and dispose of
Pacific halibut taken with trawl gear
only as authorized by Prohibited
Species Donation regulations of NOAA
Fisheries.
19. Size Limits
(1) No person shall take or possess
any Pacific 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, Pacific halibut
in any IPHC Regulatory Area shall
possess any Pacific halibut that has had
its head removed, except that Pacific
halibut frozen at sea with its head
removed may be possessed on board a
vessel by persons in IPHC Regulatory
Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E if authorized by Federal
regulations.
(3) The size limit in paragraph (1)(b)
will not be applied to any Pacific
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halibut that has had its head removed
after the operator has landed the Pacific
halibut.
20. Logs
(1) The operator of any U.S. vessel
fishing for Pacific halibut that has an
overall length of 26 feet (7.9 meters) or
greater shall maintain an accurate log of
Pacific 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
Longline and Pot Gear Daily Fishing
Logbook, in electronic or paper form,
provided by NOAA Fisheries; 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 (ADFG)
longline-pot logbook; or the logbook
provided by IPHC. The operator of a
vessel fishing in IPHC Regulatory Area
2A must use either the WDFW
Voluntary Sablefish Logbook, Oregon
Department of Fish and Wildlife
(ODFW) Fixed Gear 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 (ADFG, WDFW, ODFW, or CDFW)
or Tribal ID 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
Pacific 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 Pacific 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 Pacific halibut fishing,
during transits to port of landing, and
until the offloading of all Pacific halibut
is completed.
(4) The log referred to in paragraph (1)
does not apply to the incidental Pacific
halibut fishery during the salmon troll
season in IPHC Regulatory Area 2A
defined in paragraph (6) of section 9.
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(5) The operator of any Canadian
vessel fishing for Pacific halibut shall
maintain an accurate record in the
British Columbia Integrated Groundfish
Fishing Log.
(6) The log 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 the fishing
gear is set and retrieved;
(c) the latitude and longitude
coordinates for each set;
(d) the number of skates deployed or
retrieved, and number of skates lost; and
(e) the total weight or number of
Pacific halibut retained for each set.
(7) The log 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 Pacific halibut fishing,
during transits to port of landing, and
until the offloading of all Pacific halibut
is completed;
(e) submitted to the DFO within seven
days of offloading; and
(f) submitted to the Commission
within seven days of the final offload if
not previously collected by a
Commission employee.
(8) No person shall make a false entry
in a log referred to in this section.
21. Receipt and Possession of Pacific
Halibut
(1) No person shall receive Pacific
halibut caught in IPHC Regulatory Area
2A from a United States of America
vessel that does not have on board the
license required by section 15.
(2) No person shall possess on board
a vessel a Pacific 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) Pacific halibut cheeks cut from
Pacific halibut caught by persons
authorized to process the Pacific halibut
on board in accordance with NOAA
Fisheries regulations published at 50
CFR part 679;
(b) fillets from Pacific halibut
offloaded in accordance with section 21
that are possessed on board the
harvesting vessel in the port of landing
up to 1800 local time on the calendar
day following the offload; 4 and
4 DFO has more restrictive regulations; therefore,
section 21 paragraph (2)(b) does not apply to fish
caught in IPHC Regulatory Area 2B or landed in
British Columbia.
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(c) Pacific halibut with their heads
removed in accordance with section 19.
(3) No person shall offload Pacific
halibut from a vessel unless the gills
and entrails have been removed prior to
offloading.5
(4) It shall be the responsibility of a
vessel operator who lands Pacific
halibut to continuously and completely
offload at a single offload site all Pacific
halibut on board the vessel.
(5) A registered buyer (as that term is
defined in regulations promulgated by
NOAA Fisheries and codified at 50 CFR
part 679) who receives Pacific halibut
harvested in IFQ and CDQ fisheries in
IPHC Regulatory Areas 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E, directly from the
vessel operator that harvested such
Pacific halibut must weigh all the
Pacific 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 Pacific halibut purchased by the
registered buyer, the scale weight (in
pounds) of Pacific halibut offloaded in
excess of the IFQ or CDQ, the scale
weight of Pacific halibut (in pounds)
retained for personal use or for future
sale, and the scale weight (in pounds) of
Pacific halibut discarded as unfit for
human consumption. All Pacific halibut
harvested in IFQ or CDQ fisheries in
Areas IPHC Regulatory 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E, must be weighed
with the head on and the head-on
weight must be recorded on Federal
catch reports as specified in this
paragraph, unless the Pacific halibut is
frozen at sea and exempt from the headon landing requirement at section 19(2).
(6) The first recipient, commercial
fish processor, or buyer in the United
States of America who purchases or
receives Pacific halibut directly from the
vessel operator that harvested such
Pacific halibut must weigh and record
all Pacific halibut received and record
the following information on State fish
tickets: the date of offload; vessel
number (State or Federal, not IPHC
vessel number) or Tribal ID number;
total weight obtained at the time of
offload including the weight (in pounds)
of Pacific halibut purchased; the weight
(in pounds) of Pacific halibut offloaded
in excess of the IFQ, CDQ, or fishing
period limits; the weight of Pacific
halibut (in pounds) retained for
personal use or for future sale; and the
weight (in pounds) of Pacific halibut
5 DFO did not adopt this regulation; therefore,
section 21 paragraph (3) does not apply to fish
caught in IPHC Regulatory Area 2B.
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discarded as unfit for human
consumption. All Pacific halibut
harvested in fisheries in IPHC
Regulatory Areas 2A, 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E must be weighed
with the head on and the head-on
weight must be recorded on State fish
tickets as specified in this paragraph,
unless the Pacific halibut is frozen at sea
and exempt from the head-on landing
requirement at section 19(2).
(7) For Pacific halibut landings made
in Alaska, the requirements as listed in
paragraphs (5) and (6) can be met by
recording the information in the
Interagency Electronic Reporting
Systems, eLandings, in accordance with
NOAA Fisheries regulation published at
50 CFR part 679.
(8) The master or operator of a
Canadian vessel that was engaged in
Pacific halibut fishing must weigh and
record all Pacific 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 Pacific halibut
was purchased; and the scale weight
obtained at the time of offloading of all
Pacific halibut on board the vessel
including the pounds purchased,
pounds in excess of IVQs or ITQs,
pounds retained for personal use, and
pounds discarded as unfit for human
consumption. All Pacific halibut must
be weighed with the head on and the
head-on weight must be recorded on the
Provincial fish tickets or Federal catch
reports as specified in this paragraph,
unless the Pacific halibut is frozen at sea
and exempt from the head-on landing
requirement at section 19(2).
(9) 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 (8) of this
section.
(10) A copy of the fish tickets or catch
reports referred to in paragraphs (5), (6),
and (8) 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.
(11) No person shall possess any
Pacific halibut taken or retained in
contravention of these Regulations.
(12) When Pacific 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
Pacific halibut was caught, in
compliance with paragraph (10).
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(13) No person shall tag Pacific
halibut unless the tagging is authorized
by IPHC permit or by a Federal or State
agency.
22. Supervision of Unloading and
Weighing
The unloading and weighing of
Pacific halibut may be subject to the
supervision of authorized officers to
assure the fulfillment of the provisions
of these Regulations.
23. Fishing by United States Indian
Tribes
(1) Pacific halibut fishing in IPHC
Regulatory Area Subarea 2A–1 by
members of United States treaty Indian
tribes located in the State of Washington
shall be regulated under regulations
promulgated by NOAA Fisheries and
published in the Federal Register.
(a) Subarea 2A–1 includes the usual
and accustomed fishing areas for Pacific
Coast treaty tribes off the coast of
Washington and all inland marine
waters of Washington north of Point
Chehalis (46°53.30′ N lat.), including
Puget Sound. Boundaries of a tribe’s
fishing area may be revised as ordered
by a United States Federal court.
(b) Section 15 (Licensing Vessels for
IPHC Regulatory Area 2A) does not
apply to commercial fishing for Pacific
halibut in Subarea 2A–1 by Indian
tribes.
(c) Ceremonial and subsistence
fishing for Pacific halibut in Subarea
2A–1 is permitted with hook and line
gear from 1 January through 31
December.
(2) In IPHC Regulatory Area 2C, the
Metlakatla Indian Community has been
authorized by the United States
Government to conduct a commercial
Pacific halibut fishery within the
Annette Islands Reserve. Fishing
periods for this fishery are announced
by the Metlakatla Indian Community
and the Bureau of Indian Affairs.
Landings in this fishery are accounted
with the commercial landings for IPHC
Regulatory Area 2C.
(3) Section 7 (careful release of Pacific
halibut), section 18 (fishing gear), except
paragraphs (7) and (8) of section 18,
section 19 (size limits), section 20 (logs),
and section 21 (receipt and possession
of Pacific halibut) apply to commercial
fishing for Pacific halibut by Indian
tribes.
(4) Regulations in paragraph (3) of this
section that apply to State fish tickets
apply to Tribal tickets that are
authorized by WDFW and ADFG.
(5) Commercial fishing for Pacific
halibut is permitted with hook and line
gear between the dates specified in
section 9 paragraphs (2) and (3), or until
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14599
the applicable fishery limit specified in
section 5 is taken, whichever occurs
first.
24. Indigenous Groups Fishing for Food,
Social and Ceremonial Purposes in
British Columbia
(1) Fishing for Pacific halibut for food,
social and ceremonial purposes by
Indigenous groups in IPHC Regulatory
Area 2B shall be governed by the
Fisheries Act of Canada and regulations
as amended from time to time.
25. Customary and Traditional Fishing
in Alaska
(1) Customary and traditional fishing
for Pacific halibut in IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E shall be governed pursuant to
regulations promulgated by NOAA
Fisheries and published in 50 CFR part
300.
(2) Customary and traditional fishing
is authorized from 1 January through 31
December.
26. Recreational (Sport) Fishing for
Pacific Halibut—General
(1) No person shall engage in
recreational (sport) fishing for Pacific
halibut using gear other than a single
line with no more than two hooks
attached; or a spear.
(2) Any size limit promulgated under
IPHC or domestic regulations shall be
measured in a straight line passing over
the pectoral fin from the tip of the lower
jaw with the mouth closed, to the
extreme end of the middle of the tail as
depicted in Figure 2.
(3) Any Pacific halibut brought aboard
a vessel and not immediately returned
to the sea with a minimum of injury will
be included in the daily bag limit of the
person catching the Pacific halibut.
(4) No person may possess Pacific
halibut on a vessel while fishing in a
closed area.
(5) No Pacific halibut caught by
recreational (sport) fishing shall be
offered for sale, sold, traded, or bartered.
(6) No Pacific halibut caught in
recreational (sport) fishing shall be
possessed on board a vessel when other
fish or shellfish aboard said vessel are
destined for commercial use, sale, trade,
or barter.
(7) The operator of a charter vessel
shall be liable for any violations of these
Regulations committed by an angler on
board said vessel. In Alaska, the charter
vessel guide, as defined in 50 CFR
300.61 and referred to in 50 CFR 300.65,
300.66, and 300.67, shall be liable for
any violation of these Regulations
committed by an angler on board a
charter vessel.
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27. Recreational (Sport) Fishing for
Pacific Halibut—IPHC Regulatory Area
2A
(1) The Commission shall determine
and announce closing dates to the
public for any area in which the fishery
limits promulgated by NOAA Fisheries
are estimated to have been taken.
(2) When the Commission has
determined that a subquota under
paragraph (7) of this section is estimated
to have been taken, and has announced
a date on which the season will close,
no person shall recreational (sport) fish
for Pacific halibut in that area after that
date for the rest of the year, unless a
reopening of that area for recreational
(sport) Pacific halibut fishing is
scheduled in accordance with the Catch
Sharing Plan for IPHC Regulatory Area
2A, or announced by the Commission.
(3) In California, Oregon, or
Washington, no person shall fillet,
mutilate, or otherwise disfigure a Pacific
halibut in any manner that prevents the
determination of minimum size or the
number of fish caught, possessed, or
landed.
(4) The possession limit on a vessel
for Pacific halibut in the waters off the
coast of Washington is the same as the
daily bag limit. The possession limit for
Pacific halibut on land in Washington is
two daily bag limits.
(5) The possession limit on a vessel
for Pacific halibut caught in the waters
off the coast of Oregon is the same as the
daily bag limit. The possession limit for
Pacific halibut on land in Oregon is
three daily bag limits.
(6) The possession limit on a vessel
for Pacific halibut caught in the waters
off the coast of California is one daily
bag limit. The possession limit for
Pacific halibut on land in California is
one daily bag limit.
(7) Specific regulations describing
fishing periods, fishery limits, fishing
dates, and daily bag limits are
promulgated by NOAA Fisheries and
published in the Federal Register.
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28. Recreational (Sport) Fishing for
Pacific Halibut—IPHC Regulatory Area
2B
(1) In all waters off British
Columbia: 6 7
(a) The recreational (sport) fishing
season will open on 1 February unless
more restrictive regulations are in place;
(b) the recreational (sport) fishing
season will close when the recreational
6 DFO could implement more restrictive
regulations for the recreational (sport) fishery,
therefore anglers are advised to check the current
Federal or Provincial regulations prior to fishing.
7 For regulations on the experimental recreational
fishery implemented by DFO check the current
Federal or Provincial regulations.
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(sport) fishery limit allocated by DFO is
taken, or 31 December, whichever is
earlier; and
(c) the daily bag limit is two Pacific
halibut of any size per day per person.
(2) In British Columbia, no person
shall fillet, mutilate, or otherwise
disfigure a Pacific halibut in any
manner that prevents the determination
of minimum size or the number of fish
caught, possessed, or landed.
(3) The possession limit for Pacific
halibut in the waters off the coast of
British Columbia is three Pacific
halibut.6 7
29. Recreational (Sport) Fishing for
Pacific Halibut—IPHC Regulatory Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E
(1) In Convention waters in and off
Alaska: 8 9
(a) The recreational (sport) fishing
season is from 1 February to 31
December.
(b) The daily bag limit is two Pacific
halibut of any size per day per person
unless a more restrictive bag limit
applies in Commission regulations or
Federal regulations at 50 CFR 300.65.
(c) No person may possess more than
two daily bag limits.
(d) No person shall possess on board
a vessel, including charter vessels and
pleasure craft used for fishing, Pacific
halibut that have been filleted,
mutilated, or otherwise disfigured in
any manner, except that each Pacific
halibut may be cut into no more than 2
ventral pieces, 2 dorsal pieces, and 2
cheek pieces, with a patch of skin on
each piece, naturally attached.
(e) Pacific halibut in excess of the
possession limit in paragraph (1)(c) of
this section may be possessed on a
vessel that does not contain recreational
(sport) fishing gear, fishing rods, hand
lines, or gaffs.
(f) Pacific halibut harvested on a
charter vessel fishing trip in IPHC
Regulatory Areas 2C or 3A must be
retained on board the charter vessel on
which the Pacific halibut was caught
until the end of the charter vessel
fishing trip as defined at 50 CFR 300.61.
(g) Guided angler fish (GAF), as
described at 50 CFR 300.65, may be
used to allow a charter vessel angler to
harvest additional Pacific halibut up to
the limits in place for unguided anglers,
8 NOAA Fisheries could implement more
restrictive regulations for the recreational (sport)
fishery or components of it, therefore, anglers are
advised to check the current Federal or State
regulations prior to fishing.
9 Charter vessels are prohibited from harvesting
Pacific halibut in IPHC Regulatory Areas 2C and 3A
during one charter vessel fishing trip under
regulations promulgated by NOAA Fisheries at 50
CFR 300.66.
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and are exempt from the requirements
in paragraphs (2) and (3) of this section.
(2) For guided recreational (sport)
fishing (as referred to in 50 CFR 300.65)
in IPHC Regulatory Area 2C:
(a) No person on board a charter
vessel (as referred to in 50 CFR 300.65)
shall catch and retain more than one
Pacific halibut per calendar day.
(b) No person on board a charter
vessel (as referred to in 50 CFR 300.65)
shall catch and retain any Pacific
halibut that with head on is greater than
40 inches (101.6 cm) and less than 80
inches (203.2 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.
(3) For guided recreational (sport)
fishing (as referred to in 50 CFR 300.65)
in IPHC Regulatory Area 3A:
(a) No person on board a charter
vessel (as referred to in 50 CFR 300.65)
shall catch and retain more than two
Pacific halibut per calendar day.
(b) At least one of the retained Pacific
halibut must have a head-on length of
no more than 26 inches (66.0 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. If a person
recreational (sport) fishing on a charter
vessel in IPHC Regulatory Area 3A
retains only one Pacific halibut in a
calendar day, that Pacific halibut may
be of any length.
(c) A ‘‘charter halibut permit’’ (as
referred to in 50 CFR 300.67) may only
be used for one charter vessel fishing
trip in which Pacific halibut are caught
and retained per calendar day. A charter
vessel fishing trip is defined at 50 CFR
300.61 as the time period between the
first deployment of fishing gear into the
water by a charter vessel angler (as
defined at 50 CFR 300.61) and the
offloading of one or more charter vessel
anglers or any Pacific halibut from that
vessel. For purposes of this trip limit, a
charter vessel fishing trip ends at 2359
(Alaska local time) on the same calendar
day that the fishing trip began, or when
any anglers or Pacific halibut are
offloaded, whichever comes first.
(d) A charter vessel on which one or
more anglers catch and retain Pacific
halibut may only make one charter
vessel fishing trip per calendar day. A
charter vessel fishing trip is defined at
50 CFR 300.61 as the time period
between the first deployment of fishing
gear into the water by a charter vessel
angler (as defined at 50 CFR 300.61) and
the offloading of one or more charter
vessel anglers or any Pacific halibut
from that vessel. For purposes of this
trip limit, a charter vessel fishing trip
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(1) maintain a nontransferable harvest
record in the angler’s possession if
retaining a Pacific halibut for which an
annual limit has been established. Such
harvest record must be maintained
either on the back of the angler’s State
of Alaska recreational (sport) fishing
license or on a Sport Fishing Harvest
Record Card obtained, without charge,
from ADF&G offices, the ADF&G
website, or fishing license vendors; and
(2) immediately upon retaining a
Pacific halibut for which an annual
limit has been established, record the
date, location (IPHC Regulatory Area
3A), and species of the catch (Pacific
halibut), in ink, on the harvest record;
and
(3) record the information required by
paragraph 3(g)(2) on any duplicate or
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additional recreational (sport) fishing
license issued to the angler or any
duplicate or additional Sport Fishing
Harvest Record Card obtained by the
angler for all Pacific halibut previously
retained during that year that were
subject to the harvest record reporting
requirements of this section; and
(4) carry the harvest record on his or
her person while fishing for Pacific
halibut.
30. Previous Regulations Superseded
These Regulations shall supersede all
previous regulations of the Commission,
and these Regulations shall be effective
each succeeding year until superseded.
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ends at 2359 (Alaska local time) on the
same calendar day that the fishing trip
began, or when any anglers or Pacific
halibut are offloaded, whichever comes
first.
(e) No person on board a charter
vessel may catch and retain Pacific
halibut on any Tuesday or Wednesday.
(f) Charter vessel anglers may catch
and retain no more than four (4) Pacific
halibut per calendar year on board
charter vessels in IPHC Regulatory Area
3A. Pacific halibut that are retained as
GAF, retained while on a charter vessel
fishing trip in other Commission
regulatory areas, or retained while
fishing without the services of a guide
do not accrue toward the 4-fish annual
limit. For purposes of enforcing the
annual limit, each angler must:
14601
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Classification
IPHC Regulations
These IPHC annual management
measures are a product of an agreement
between the United States and Canada
and are published in the Federal
Register to provide notice of their
effectiveness and content. Pursuant to
section 4 of the Northern Pacific Halibut
Act of 1982, 16 U.S.C. 773b, the
Secretary of State, with the concurrence
of the Secretary of Commerce, may
‘‘accept or reject’’ but not modify these
recommendations of the IPHC. The
notice-and-comment and delay-ineffectiveness date provisions of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b) and (d), are inapplicable
to IPHC management measures because
this regulation involves a foreign affairs
function of the United States, 5 U.S.C.
553(a)(1). As stated above, the Secretary
of State has no discretion to modify the
recommendations of the IPHC. The
additional time necessary to comply
with the notice-and-comment and
delay-in-effectiveness requirements of
the APA would disrupt coordinated
international conservation and
management of the halibut fishery
pursuant to the Convention.
Additionally, these IPHC management
measures are published pursuant to
regulations at 50 CFR 300.62 which
VerDate Sep<11>2014
16:21 Mar 12, 2020
Jkt 250001
mandate ‘‘immediate regulatory effect’’
upon publication in the Federal
Register. The promulgation of 50 CFR
300.62, thus, notified the public that
IPHC management measures are revised
annually and are in effect immediately
upon publication. Furthermore, no other
law requires prior notice and public
comment for this rule. Because prior
notice and an opportunity for public
comment are not required to be
provided for these portions of this rule
by 5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this portion of the rule and
none has been prepared. This final rule
has been determined to be not
significant for the purposes of Executive
Order 12866. Because this is not a
significant rule, the provisions of
Executive Order 13771 are inapplicable.
Authority: 16 U.S.C. 773 et seq.
Dated: March 10, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–05228 Filed 3–12–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–3325–02]
[RTID 0648–XS027]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; ReOpening of Commercial Longline
Fishery for South Atlantic Golden
Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:
NMFS announces the reopening of the commercial longline
component for golden tilefish in the
exclusive economic zone (EEZ) of the
South Atlantic through this temporary
rule. The most recent commercial
longline landings data for golden tilefish
indicate the commercial longline annual
catch limit (ACL) for the 2020 fishing
year has not yet been reached.
Therefore, NMFS re-opens the
commercial longline component for
golden tilefish in the South Atlantic
EEZ for 9 days to allow the commercial
longline ACL to be caught while
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14586-14602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05228]
[[Page 14586]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 200310-0075]
RIN 0648-BJ56
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries, National Oceanic
and Atmospheric Administration (NOAA), on behalf of the International
Pacific Halibut Commission (IPHC), publishes as regulations the 2020
annual management measures governing the Pacific halibut fishery that
have been recommended by the IPHC and accepted by the Secretary of
State. This action is intended to enhance the conservation of Pacific
halibut and further the goals and objectives of the Pacific Fishery
Management Council (PFMC) and the North Pacific Fishery Management
Council (NPFMC).
DATES: The IPHC's 2020 annual management measures are valid March 13,
2020. The 2020 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; or Sustainable Fisheries Division, NMFS West Coast
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, identified by docket number NOAA-NMFS-2019-
0006.
FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Kurt Iverson,
907-586-7210; or, for waters off the U.S. West Coast, Kathryn Blair,
503-231-6858.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2020, pursuant to 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, may accept or reject, on behalf of the
United States, regulations recommended by the IPHC in accordance with
the Convention (Halibut Act, Sections 773-773k). The Secretary of
State, with the concurrence of the Secretary of Commerce, accepted the
2020 IPHC regulations as provided by the Halibut Act.
The Halibut Act provides the Secretary of Commerce 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 of Commerce 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 in developing
halibut management programs for three fisheries that harvest halibut in
Alaska: The subsistence, sport, and commercial fisheries. The PFMC has
exercised this authority by developing a catch sharing plan governing
the allocation of halibut and management of sport fisheries on the U.S.
West Coast.
The IPHC apportions catch limits for the Pacific halibut fishery
among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and
California), Area 2B (British Columbia), Area 2C (Southeast Alaska),
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and
Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and
Aleutian Islands of Western Alaska).
Subsistence and sport halibut fishery regulations for Alaska are
codified at 50 CFR part 300. Commercial halibut fisheries off Alaska
are subject to the Individual Fishing Quota (IFQ) Program and Community
Development Quota (CDQ) Program (50 CFR part 679) regulations, and the
area-specific catch sharing plans (CSPs) for Areas 2C, 3A, and Areas
4C, 4D, and 4E.
The NPFMC implemented a CSP among commercial IFQ and CDQ halibut
fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (Area 4, Western
Alaska) through rulemaking, and the Secretary of Commerce approved the
plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations were
codified at 50 CFR 300.65, and were amended on March 17, 1998 (63 FR
13000). New annual regulations pertaining to the Area 4 CSP also may be
implemented through IPHC action, subject to acceptance by the Secretary
of State.
The NPFMC recommended and NMFS implemented through rulemaking a CSP
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC
Regulatory Area 2C and Area 3A on January 13, 2014 (78 FR 75844,
December 12, 2013). The Area 2C and 3A CSP regulations are codified at
50 CFR 300.65. The CSP defines an annual process for allocating halibut
between the commercial and charter fisheries so that each sector's
allocation varies in proportion to halibut abundance, specifies a
public process for setting annual management measures, and authorizes
limited annual leases of commercial IFQ for use in the charter fishery
as guided angler fish (GAF).
The IPHC held its annual meeting in Anchorage, Alaska, February 3-
7, 2020, and recommended a number of changes to the previous IPHC
regulations (84 FR 9243 March 14, 2019). The Secretary of State
accepted the annual management measures, including the following
changes to sections of the 2020 IPHC regulations:
1. New commercial halibut fishery opening and closing dates in
Section 9;
2. New halibut catch limits in all regulatory areas, including
two new tables in Section 5 that distinguish limits resulting from
Commission decisions from catch limits that are the responsibility
of the respective United States and Canada governments.
3. New management measures for Area 2C and Area 3A guided sport
fisheries in Section 29.
4. An update of the regulatory description of Subarea 2A-1 in
Section 23.
5. An amendment that updates and clarifies regulations in
Section 16 for vessel clearance requirements in IPHC Regulatory Area
4.
6. Minor revisions and clarifications to regulatory language,
including a reordering of some regulatory sections.
Pursuant to regulations at 50 CFR 300.62, the 2020 IPHC annual
management measures are published in the Federal Register to provide
notice of their immediate regulatory effectiveness and to inform
persons subject to the regulations of their restrictions and
requirements. Because NMFS publishes the regulations applicable to the
entire Convention area, these regulations include some provisions
relating to and affecting Canadian fishing and fisheries. NMFS may
implement more restrictive
[[Page 14587]]
regulations for the fishery for halibut or components of it; therefore,
anglers are advised to check the current Federal and IPHC regulations
prior to fishing.
Catch Limits
The IPHC recommended to the governments of Canada and the United
States fishery catch limits for 2020 totaling 27,480,000 lb (12,460.18
mt). Overall, the IPHC recommended area-specific catch limits for 2020
that were lower than the catch limits implemented in 2019. The catch
limits in most regulatory areas decreased, with exceptions in Areas 2A,
which remained the same as 2019, and Areas 2B and 3B, where catch
limits were slightly higher relative to the 2019 implemented levels. A
description of the process the IPHC used to set these catch limits
follows.
In 2019, the IPHC conducted its annual stock assessment using a
range of updated data sources as described in detail in the IPHC
overview of data sources for the Pacific halibut stock assessment,
harvest policy, and related analyses (IPHC-2020-AM096-09 Rev_2;
available at www.iphc.int). To evaluate the Pacific halibut stock, the
IPHC used an ``ensemble'' of four equally weighted models, comprised of
two long time-series models, and two short time-series models
incorporating data from 1996 to the present. Each time-series length
used data series that are divided either by four geographical regions
or aggregated into coastwide summaries. These models incorporate data
from the 2019 IPHC Fishery Independent Setline Survey (FISS), the 2019
commercial halibut fishery, the most recent NMFS trawl survey, weight-
at-age estimates by region, the male/female ratio of the directed
commercial recreational fisheries, and age distribution information for
bycatch, sport, and sublegal discard removals.
As has been the case since 2012, the results of the ensemble models
are integrated and incorporate uncertainty in natural mortality rates,
environmental effects on recruitment, and other structural and
parameter categories. The data and assessment models used by the IPHC
are reviewed by the IPHC's Scientific Review Board comprised of non-
IPHC scientists who provide an independent scientific review of the
stock assessment data and models and provide recommendations to IPHC
staff and to the Commission. The Scientific Review Board did not
identify any substantive errors in the data or methods used in the 2020
stock assessment. NMFS believes the IPHC's data and assessments models
constitute best available science on the status of the Pacific halibut
resource.
The IPHC's data, including the FISS, indicate that the Pacific
halibut stock declined continuously from the late 1990s to around 2012,
largely as a result of decreasing size at a given age (size-at-age),
higher harvest rates in early 2000s, as well as somewhat weaker
recruitment strengths than those observed during the 1980s. Results
from the 2020 stock assessment incorporate ongoing efforts to expand
the FISS throughout the survey range. Among other things, improvements
in the setline spatial coverage have helped reduce the uncertainty in
the weight per unit effort (WPUE) and number per unit effort (NPUE)
indices.
Overall, the biomass of spawning females is estimated to have
increased gradually to 2016, then decreased to approximately
194,000,000 lb (87,996.92 mt) at the beginning of 2020. This level is
currently estimated to be 32 percent (with a 95% credible interval of
22% to 46%) of unfished levels. This estimate reflects updated
calculations recommended during stock assessment external review and
review by the Scientific Review Board, as well as developments in the
IPHC Management Strategy Evaluation.
The IPHC's interim management procedure strives to maintain the
total mortality of halibut across its range from all sources based on a
reference level of fishing intensity so that the Spawning Potential
Ratio (SPR) is equal to 46 percent. The reference fishing intensity of
F46 percent SPR seeks to allow a level of fishing intensity that is
expected to result in approximately 46 percent of the spawning stock
biomass per recruit compared to an unfished stock (i.e., no fishing
mortality). Lower values indicate higher fishing intensity. The 2020
stock assessment and estimates of fishing intensity were enhanced by
newly available data on the male/female sex ratio of commercial fishery
landings. Refined and quantified information on the sex ratio affected
the treatment of the stock assessment data for the directed commercial
fishery in the stock assessment models; it did not change the treatment
or sex ratio estimates of mortalities associated with the recreational,
subsistence, or non-directed halibut fisheries. Additional information
on the status of the halibut resource under these catch limit
alternatives is provided in the Analysis (see ADDRESSES).
The IPHC harvest decision table (Table 4 in: Summary of the Data,
Stock Assessment, and Harvest Decision Table for the Pacific Halibut
Stock at the End of 2019; IPHC-2020-AM096-09 Rev_2) provides a
comparison of the relative risk of a decrease in stock biomass, status,
or fishery metrics, for a range of alternative harvest levels for 2020.
The harvest decision table employs two metrics of fishing mortality:
(1) The Total Constant Exploitation Yield (TCEY), which includes
harvests and incidental wastage from directed commercial fisheries,
plus mortality estimates from sport, subsistence, personal use, and
estimates of non-directed discard mortality of halibut over 26 inches;
and, (2) Total Mortality, which includes all the above sources of
mortality, plus estimates of non-directed discard mortality of halibut
less than 26 inches (U26). Although U26 halibut mortality is factored
into the stock assessment and harvest strategy calculations, there is
currently no reliable tool for describing the annual distribution of
halibut under 26 inches across the entire coastwide area.
For 2020, the IPHC adopted a TCEY totaling 36,600,000 lb (16,601.48
mt) coastwide. This corresponds to a fishing intensity of approximately
F42 percent, which is less restrictive than the interim reference level
of F46 percent, but 2,010,000 lb (911.72 mt) less than the TCEY adopted
in 2019. The IPHC noted this management approach represents a
relatively conservative level of harvest that considers the inherent
uncertainties in the stock assessment models. The IPHC notes that under
a broad range of catch limits, including highly restrictive catch
limits, the halibut stock is likely to experience a continued decrease
in spawning stock biomass given the best available scientific
information. In making its recommendation, the IPHC considered likely
stock status, and uncertainties in the status of the stock as well as
the significant social and economic impacts of reduced catch limits.
At a 36,600,000 lb TCEY, the IPHC estimates that the spawning stock
biomass will decrease over the period from 2021 to 2023 relative to
2020. Specifically, the IPHC estimates that there is a 95 percent
probability that the spawning stock biomass will decrease in 2021
relative to 2020, and that there is a 58 percent probability that the
decrease in 2021 will be at least 5 percent of the 2020 spawning stock
biomass. The factors that the IPHC considered in making their TCEY
recommendations are described in the 2020 Annual Meeting Report (IPHC-
2020-AM96_R) and the key recommendations are briefly summarized here.
This final rule does not establish the combined commercial and
recreational catch limit for Area 2B (British
[[Page 14588]]
Columbia), which is subject to rulemaking by the Canada and British
Columbia governments. However, the IPHC's recommendation for the Area
2B catch limit is directly related to the current and future U.S. catch
limits established by this final rule and is therefore discussed
herein. The IPHC recommended a 2020 TCEY of 6,830,000 lb (3,098.04 mt)
for Area 2B, which equates to 18.7 percent of the total coastwide TCEY.
The IPHC made this recommendation after considering recent historic
harvests in Area 2B, the distribution of the TCEY in Area 2B as
estimated from the FISS under the current interim management procedure,
and other factors described in the 2020 IPHC Annual Meeting Report
(IPHC-2020-AM96_R).
The IPHC recommended an allocation to Area 2A that would provide a
TCEY of 1,650,000 lb (748.43 mt) with a combined commercial,
subsistence, and recreational catch limit of 1,500,000 lb (680.39 mt).
This allocation is larger than the catch limit that would apply to Area
2A under the adopted fishing intensity of F42 percent and the
proportion of the stock as estimated from the FISS under the current
interim management procedure. To achieve the Area 2A and Area 2B
allocations and still maintain the target coastwide fishing intensity
of F42, the IPHC recommended an overall reduction in catch limits in
other IPHC regulatory areas in U.S. waters that are intended to
maintain total mortality to the adopted fishing intensity of F42
percent.
After the allocations for Areas 2A and 2B are accounted for, the
IPHC apportioned the remaining TCEY to the Alaska regulatory areas
(Areas 2C through Area 4) after considering the distribution of
harvestable biomass of halibut based on the Fishery Independent Setline
Survey, as well as 2019 harvest rates, the recommendations from the
IPHC's advisory boards, public input, and social and economic factors.
The only U.S. area with an increased TCEY relative to 2019 is Area 3B
(+7.6 percent; see Table 1). Information from the Fishery Independent
Setline Survey indicated a higher amount of harvestable biomass of
halibut in Area 3B in 2020 relative to 2019. Areas 2C, 3A, 4A, 4B, and
4CDE received decreases over 2019 levels that ranged from -2.5 percent
in Areas 4CDE to -9.8 percent in Area 4A. The IPHC determined that the
2020 catch limit recommendations are consistent with its conservation
objectives for the halibut stock and its management objectives for the
halibut fisheries.
The IPHC also considered the Catch Sharing Plan for Area 4CDE
developed by the NPFMC in its catch limit recommendation. The Area 4CDE
catch limit is determined by subtracting estimates of the Area 4CDE
subsistence harvests, commercial discard mortality, and non-directed
discard mortality of halibut over 26 inches from the area TCEY. When
the resulting Area 4CDE catch limit is greater than 1,657,600 lb
(751.87 mt), a direct allocation of 80,000 lb (36.29 mt) is made to
Area 4E to provide CDQ fishermen in that area with additional
harvesting opportunity. After this 80,000 lb allocation is deducted
from the catch limit, the remainder is divided among Areas 4C, 4D, and
4E according to the percentages specified in the CSP. Those percentages
are 46.43 percent each to 4C and 4D, and 7.14 percent to 4E. For 2020,
the IPHC recommended a catch limit for Area 4CDE of 1,730,000 lb
(925.33 mt).
Table 1--Percent Change in TCEY Catch Limits From 2019 to 2020 by IPHC Regulatory Area
----------------------------------------------------------------------------------------------------------------
2019 Catch limit 2020 Catch limit Change from 2019
Regulatory area (lb) (lb) (percent)
----------------------------------------------------------------------------------------------------------------
2A..................................................... 1,650,000 1,650,000 0.0
2B..................................................... 6,830,000 6,830,000 0.0
2C..................................................... 6,340,000 5,850,000 -7.7
3A..................................................... 13,500,000 12,200,000 -9.6
3B..................................................... 2,900,000 3,120,000 7.6
4A..................................................... 1,940,000 1,750,000 -9.8
4B..................................................... 1,450,000 1,310,000 -9.7
4CDE................................................... 4,000,000 3,900,000 -2.5
Coastwide.............................................. 38,610,000 36,600,000 -5.2
----------------------------------------------------------------------------------------------------------------
Commercial Halibut Fishery Opening and Closing Dates
The IPHC considers advice from the IPHC's two advisory boards when
selecting opening and closing dates for the halibut fishery. The
opening date for all IPHC regulatory areas is March 14, 2020, which
closely corresponds to the 2019 opening date of March 15. The closing
date for the halibut fisheries in all regulatory areas is November 15,
2020. This date takes into account the anticipated time required to
fully harvest the commercial halibut catch limits, seasonal holidays,
and adequate time for IPHC staff to review the complete record of 2020
commercial catch data for use in the stock assessment process.
For Area 2A, the IPHC recommended that the non-treaty directed
commercial fishery will open for 58 hours, beginning at 0800 hours on
June 22 and closing at 1800 hours on June 24. After this first opening,
if the IPHC determines that the fishing limit has not been exceeded, it
may announce other Area 2A openings of up to three fishing days in
duration in two-week intervals after the first Monday opening. Specific
fishing period limits (vessel quota) will be determined and
communicated by IPHC.
Area 2A Catch Sharing Plan
The NMFS West Coast Region has published a proposed rule for
changes to the Pacific Halibut Catch Sharing Plan (CSP) for Area 2A off
Washington, Oregon, and California (85 FR 6883 February 6, 2020).
Public comments were accepted through March 9, 2020. Following the
comment period, the West Coast Region will publish a final rule to
address the proposed changes to the Area 2A CSP as well as portions of
the CSP and management measures that are not implemented through the
IPHC. These measures include the sport fishery allocations and
management measures for Area 2A. The proposed and final rules for the
Area 2A CSP will be available on the NOAA Fisheries West Coast Region's
website at https://www.fisheries.noaa.gov/action/2020-pacific-halibut-catch-sharing-plan, and also at www.regulations.gov.
Catch Sharing Plan for Area 2C and Area 3A
In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP
defines an annual process for allocating halibut between the charter
and commercial fisheries in Area 2C and
[[Page 14589]]
Area 3A, and establishes allocations for each fishery. To allow
flexibility for individual commercial and charter fishery participants,
the CSP also authorizes annual transfers of commercial halibut IFQ as
GAF to charter halibut permit holders for harvest in the charter
fishery. Under the CSP, the IPHC recommends combined catch limits
(CCLs) for the charter and commercial halibut fisheries in Area 2C and
Area 3A. Each CCL includes estimates of discard mortality (wastage) for
each fishery. The CSP was implemented to achieve the halibut fishery
management goals of the NPFMC. More information is provided in the
final rule implementing the CSP (78 FR 75844, December 12, 2013).
Implementing regulations for the CSP are at 50 CFR 300.65. The Area 2C
and Area 3A CSP allocation tables are located in Tables 1 through 4 of
subpart E of 50 CFR part 300.
At its February 2020 meeting, the IPHC recommended a CCL of
4,260,000 lb (1,932.30 mt) for Area 2C. Following the CSP allocations
in Tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery
is allocated 780,000 lb (353.80 mt) of the CCL and the remainder of the
CCL, 3,480,000 lb (1,578.50 mt), is allocated to the commercial
fishery. Wastage in the amount of 70,000 lb (31.75 mt) was deducted
from the commercial allocation to obtain the commercial catch limit of
3,410,000 lb (1,546.75 mt). The commercial allocation (including
wastage) decreased by 190,000 lb (86.18 mt) or 5.2 percent, from the
2019 allocation of 3,670,000 lb (1,664.68 mt). The charter allocation
for 2020 decreased by 40,000 lb (18.14 mt), or 4.9 percent less than
the 2019 charter sector allocation of 820,000 lb (371.95 mt).
The IPHC recommended a CCL of 9,050,000 lb (4,105.01 mt) for Area
3A. Following the CSP allocations in Tables 2 and 4 of subpart E of 50
CFR part 300, the charter fishery is allocated 1,710,000 lb (775.64 mt)
of the CCL and the remainder of the CCL, 7,340,000 lb (3,329.37 mt), is
allocated to the commercial fishery. Wastage in the amount of 290,000
lb (131.54 mt) was deducted from the commercial allocation to obtain
the commercial catch limit of 7,050,000 lb (3,197.83 mt). The
commercial allocation (including wastage) decreased by about 1,030,000
lb (317.51 mt) or 12.3 percent, from the 2019 allocation of 8,370,000
lb (3,796.57 mt). The charter allocation decreased by 180,000 lb (81.67
mt), or 9.5 percent, from the 2019 allocation of 1,890,000 lb (857.29
mt).
Charter Halibut Management Measures for Area 2C and Area 3A
Guided (charter) recreational halibut anglers are managed under
different regulations than unguided recreational halibut anglers in
Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR
300.61, a charter vessel angler means a person, paying or non-paying,
receiving sport fishing guide services for halibut. Sport fishing guide
services means assistance, for compensation or with the intent to
receive compensation, to a person who is sport fishing, to take or
attempt to take halibut by accompanying or physically directing the
sport fisherman in sport fishing activities during any part of a
charter vessel fishing trip. A charter vessel fishing trip is the time
period between the first deployment of fishing gear into the water from
a charter vessel by a charter vessel angler and the offloading of one
or more charter vessel anglers or any halibut from that vessel. The
charter fishery regulations described below apply only to charter
vessel anglers receiving sport fishing guide services during a charter
vessel fishing trip for halibut in Area 2C or Area 3A. These
regulations do not apply to unguided recreational anglers in any
regulatory area in Alaska, or guided anglers in areas other than Areas
2C and 3A.
The NPFMC formed the Charter Halibut Management Committee as an
industry advisory body to provide recommendations for annual management
measures intended to limit charter harvest to the charter catch
allocation. The committee is composed of representatives from the
charter fishing industry in Areas 2C and 3A. The committee considered
previously analyzed alternatives and also suggested new alternative
measures that were analyzed in November 2019. For Area 3A, none of the
alternative measures resulted in projected removals within the likely
range, so the NPFMC requested additional analyses, which were
subsequently reviewed in January 2020. After reviewing all the analyses
of the effects of the alternative measures on estimated charter
removals, the committee made recommendations for preferred management
measures to the NPFMC for 2020. The NPFMC considered the
recommendations of the committee along with public testimony to develop
its recommendation to the IPHC, and the IPHC took action consistent
with the NPFMC's recommendations. The NPFMC has used this process to
select and recommend annual management measures to the IPHC since 2012.
The IPHC recognizes the role of the NPFMC to develop policy and
regulations that allocate the Pacific halibut resource among fishermen
in and off Alaska, and that NMFS has developed numerous regulations to
support the NPFMC's goals of limiting charter harvests. For each
regulatory area, the analysis suggests the management measures will
achieve the IPHC's overall conservation objective to keep halibut
harvests within established catch limits, and will also meet the
NPFMC's allocation objectives. For 2020, the IPHC concluded that in
Area 3A, with its lower recommended catch limits relative to 2019, the
management measures should be more restrictive than 2019. For Area 2C,
the 2020 catch limits are also lower than 2019. However, the effect of
management measures over the last two years has resulted in under-
harvests of the charter allocation by 18.9 and 11.6 percent,
respectively. Consequently, the IPHC determined that the charter
management measures in Area 2C could be slightly less restrictive than
2019. The IPHC determined that limiting charter harvests by
implementing the management measures discussed below would meet the
conservation and allocation objectives.
Management Measures for Charter Vessel Fishing in Area 2C
The preliminary estimate of 2019 charter removals in Area 2C was
below the 2019 charter allocation by 154,712 lb (70.31 mt) or 18.9
percent, indicating that the management measures were effective at
limiting harvest by charter vessel anglers to the charter allocation.
The two primary management measures in Area 2C in 2019 were a daily bag
limit of 1 halibut per charter angler, and size limits where retained
halibut were required to be less than or equal to 38 inches (96.5 cm),
or greater than or equal to 80 inches (203.2 cm). The effect of these
regulations is to limit both the number and pounds of retained halibut.
The analysis also indicates that in most years since 2014 when the CSP
was implemented, the Area 2C harvest has been less than the allocation.
Further analysis of alternative management measures indicates that both
effort and the number of harvested halibut is projected to decrease in
2020 under status quo regulations. When these considerations were
balanced with the reduced charter allocation in 2020, the IPHC
concluded that less restrictive management measures for Area 2C in 2020
are appropriate.
Specifically, for 2020 in Area 2C, the IPHC recommended the
continuation of a one-fish daily bag limit with a reverse
[[Page 14590]]
slot limit that prohibits a person on board 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 greater than 40 inches (101.6 cm)
and less than 80 inches (203.2 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 projected
charter removal under these measures is 772,000 lb (350.17 mt), which
is 8,000 lb (3.63 mt) and 1.0 percent below the charter allocation.
Management Measures for Charter Vessel Fishing in Area 3A
The preliminary estimate of charter removals in Area 3A in 2019
exceeded the charter allocation by 122,246 lb (55.45 mt), or 6.5
percent. Starting in 2014, charter vessel anglers in Area 3A have been
limited to a two-fish daily bag limit with a maximum size limit on one
fish. One effect of the maximum size limit has been that the number of
fish harvested per angler has steadily decreased, but the average
weight of harvested fish has increased as many anglers opted to
maximize the size of retained fish.
This final rule revises the management measures that were adopted
for the charter halibut fishery in Area 3A in 2019. The NPFMC and IPHC
considered 2019 information on charter removals and the projections of
charter harvest for 2020. After considering 2019 harvest information,
the NPFMC and IPHC determined that more restrictive management measures
in Area 3A were appropriate to limit charter removals, including
wastage, to the 2020 allocation.
For 2020, the IPHC recommended the following management measures
for Area 3A: (1) A two-fish bag limit with a 26-inch (66.0 cm) size
limit on one of the halibut; (2) a one-trip per day limit for charter
vessels and for charter halibut permits for the entire season; (3) an
annual limit of four fish, with a reporting requirement; and, (4)
prohibition on halibut retention by charter vessel anglers on all
Tuesdays and all Wednesdays. The projected charter harvest for 2020
under this combination of recommended measures is 1,696,000 lb (769.29
mt), and 14,000 lb (6.35 mt) below the charter allocation. Each of
these management measures is described in more detail below.
Size Limit for Halibut Retained on a Charter Vessel in Area 3A
The 2020 charter halibut fishery in Area 3A will be managed under a
two-fish daily bag limit in which one of the retained halibut may be of
any size and one of the retained halibut must be 26 inches or less, as
measured in a straight line, passing over the pectoral fin from the tip
of the lower jaw to the extreme end of the middle of the tail. This is
a decrease of the 28 inch (71.cm) maximum size limit that was in place
from 2016 through 2019. This daily bag and size limit will be combined
with additional restrictions to limit charter halibut removals to the
2020 allocation.
Trip Limit for Charter Vessels Harvesting Halibut in Area 3A
As in 2016 through 2019, charter halibut permits and charter
vessels are only authorized for use to catch and retain halibut on one
charter halibut fishing trip per day in Area 3A. If no halibut are
retained during a charter vessel fishing trip, the charter halibut
permit and vessel may be used to take an additional trip to catch and
retain halibut that day.
For purposes of the trip limit in Area 3A in 2020, a charter vessel
fishing trip will end when anglers or halibut are offloaded, or at the
end of the calendar day, whichever occurs first. Charter operators are
still able to conduct overnight trips and anglers may retain a bag
limit of halibut on two calendar days, but operators are not allowed to
begin another overnight trip until the day after the trip ends. GAF
halibut are exempt from the trip limit. Therefore, GAF could be used to
harvest halibut on a second trip in a day, but only if exclusively GAF
halibut were harvested on that trip.
Day-of-Week Closures in Area 3A
The NPFMC and the IPHC recommended continuing the day-of-week
closure on Wednesdays for Area 3A in 2020. No retention of halibut by
charter vessel anglers will be allowed in Area 3A on Wednesdays. To
further reduce harvest, retention of halibut is also prohibited on all
Tuesdays in 2020. Retention of only GAF halibut will be allowed on
charter vessels on Tuesdays and Wednesdays; all other halibut that are
caught while fishing on a charter vessel must be released. The Tuesday
and Wednesday closures are expected to effectively decrease the charter
halibut harvest, relative to previous years.
Annual Limit of Four Fish for Charter Vessels Anglers in Area 3A
For 2020, charter vessel anglers will continue to be limited to
harvesting no more than four halibut on charter vessel fishing trips in
Area 3A during a calendar year. This limit applies only to halibut
caught and retained during charter vessel fishing trips in Area 3A.
Halibut harvested while unguided fishing, fishing in other IPHC
regulatory areas, or harvested as GAF will not accrue toward the annual
limit.
To enforce the annual limit in 2020, each charter vessel angler who
is required to have a State of Alaska sport fishing license and who
harvests halibut will be required to record those halibut on the back
of the fishing license. For those anglers who are not required to have
a sport fishing license (e.g., youth and senior anglers), a
nontransferable Sport Harvest Record Card must be obtained from an
Alaska Department of Fish and Game (ADF&G) office, the ADF&G website,
or a fishing license vendor, on which to record halibut harvested
aboard a charter vessel. Immediately upon retention of a halibut for
which an annual limit has been established, the charter vessel angler
must record the date, location (Area 3A), and species of the catch
(halibut), in ink, on the harvest record card or back of the sport
fishing license.
If the original sport fishing license or harvest record is lost, a
duplicate or additional sport fishing license or harvest record card
must be obtained and completed for all halibut previously retained
during that year that were subject to the annual limit.
Only halibut caught during a charter vessel fishing trip in Area 3A
accrue toward the 4-fish annual limit and must be recorded on the
license or harvest record card. As noted above, halibut that are
harvested while charter fishing in regulatory areas other than Area 3A
will not accrue toward the annual limit and are not subject to the
reporting requirement. Likewise, halibut harvested while sport fishing
without a guide in Area 3A, harvested while subsistence fishing, or
harvested as GAF do not accrue toward the annual limit and should not
be recorded on the license or harvest record. Finally, halibut that are
caught in any recreational fishery that bear IPHC external tags are
exempt from annual limits, size limits, daily bag and possession
limits, and reporting requirements (see Section 8 of the IPHC
regulations).
Other Regulatory Amendments
Update of the Regulatory Description of Subarea 2A-1
The regulatory text in current Section 23 of the IPHC regulations
describes the usual and accustomed fishing area for Treaty tribes that
participate in IPHC regulatory Area 2A. Formerly, the description of
subarea 2A-1 listed latitude and longitude coordinates for the western
boundary of the area. On
[[Page 14591]]
March 5, 2018, the United States District Court for the Western
District of Washington revised the western boundaries of the usual and
accustomed fishing areas for the Quileute Indian Tribe and the Quinault
Indian Nation. United States v. Washington, 2:09-sp-00001-RSM (W.D.
Wash. March 5, 2018) (Order Regarding Boundaries of Quinault and
Quileute U&As). The IPHC adopted, and Section 23 now incorporates, a
revised definition for subarea 2A-1. The regulatory language now
contains a more general description of the usual and accustomed fishing
areas for treaty tribes with fishing rights to Pacific halibut, and
makes the definition consistent with the recent court decision.
Update and Clarify Vessel Clearance Requirements
Section 16 of the 2020 IPHC regulations specifies requirements for
the operation of halibut fishing vessels in IPHC Areas 4A, 4B, 4C, and
4D. In general, vessels must obtain a vessel clearance before fishing
in these areas, and before landing halibut in any of the areas. The
primary intent of the regulations is to ensure proper harvesting and
catch accounting among adjacent IPHC regulatory areas. Section 16
provides several specific exemptions to the basic vessel clearance
requirements. Among the exemptions, subsection 16(16) allows an
exemption for vessels that carry a functioning vessel monitoring system
(VMS) transmitter while halibut fishing, and up to the point where all
halibut are properly offloaded.
The IPHC adopted new regulatory language that updates Section
16(16) to specify that a transmitting VMS, a NOAA Fisheries observer,
or a NOAA Fisheries electronic monitoring system will exempt a vessel
from the vessel clearance requirements, provided that the vessel
operator also complies with appropriate NOAA Fisheries observer,
electronic monitoring or VMS regulations.
Minor Revisions, Clarifications to Regulatory Language, and Reordering
of Some Regulatory Sections
The IPHC adopted a significant number of minor changes and
amendments to the IPHC regulations. Many of the changes are made
throughout the regulations for stylistic consistency among the
Sections. Although minor, the individual and cumulative effect of the
changes improves clarity, consistency, and currency in the regulations.
Many of the changes required a reordering and renumbering of the
regulations. The most prominent changes to the regulations include:
1. Section 1, Short Title, is revised to use a consistent naming
convention.
2. Current Section 4, Regulatory Areas, is amended to specify
that the definition of IPHC Regulatory Areas applies within the IPHC
Convention waters.
3. Current Section 5, is re-titled from Limits to Mortality and
Fishery Limits. A new table is added that shows the IPHC adopted
TCEY distributed mortality for each regulatory area. A second table
provides the catch limits that result from the TCEYs, as applied to
the catch sharing arrangements employed by the respective Canada and
United States governments.
4. Current Section 7, Careful Release of Pacific Halibut, is
amended to include the application of both minimum and maximum size
limits, in order to make the section applicable to all fisheries.
5. Current Section 8, Retention of Tagged Pacific Halibut, is
revised to make it clear that tagged fish do not count against
regulatory limits.
6. A table of commercial catch limits is removed from the
current Section 12, as this information is now available in Section
5 and is therefore redundant. Section 12 is also retitled from
Commercial Fishery Limits to Application of Commercial Fishery
Limits.
7. Current Section 15, Licensing Vessels for IPHC Regulatory
Area 2A, is amended to make it clear that fishing vessels in IPHC
Regulatory Area 2A may hold both a license for directed commercial
fishing and a license for incidental catch during the sablefish
fishery.
8. Current Section 18, Fishing Gear, is amended to allow pots
capable of catching Pacific halibut. Former subsections (3)(a), (b),
and (c) are deleted for consistency; these subsections are no longer
valid or necessary when pots are allowable gear.
9. Current Section 21, Receipt and Possession of Pacific
Halibut, is revised to make it clear that IPHC Regulatory Area 2A is
included in Paragraph 6 as intended.
10. Section 23, Fishing by United States Indian Tribes, is
amended to remove references to specific fishery sector allocations,
as this information is now available in Section 5 and is therefore
redundant. Section 23 is also amended to include the Metkalatka
fishery in Area 2C in Alaska.
11. References to specific fishery sector allocations are
removed from Section 27, Sport Fishing for Pacific Halibut--IPHC
Regulatory Area 2A, as this information is now available in current
Section 5 and is therefore redundant.
Annual Halibut Management Measures
The following annual management measures for the 2020 Pacific
halibut fishery are those recommended by the IPHC and accepted by the
Secretary of State, with the concurrence of the Secretary of Commerce.
1. Short Title
These Regulations may be cited as the International Pacific Halibut
Commission (IPHC) Regulations (2020).
2. Application
(1) These Regulations apply to persons and vessels fishing for
Pacific halibut in, or possessing Pacific halibut taken from, the
maritime area as defined in Section 3.
(2) Sections 3 to 8 and 30 apply generally to all Pacific halibut
fishing.
(3) Sections 8 to 23 apply to commercial fishing for Pacific
halibut.
(4) Section 24 applies to Indigenous fisheries in British Columbia.
(5) Section 25 applies to customary and traditional fishing in
Alaska.
(6) Sections 26 to 29 apply to recreational (also called sport)
fishing for Pacific halibut.
(7) 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 (NOAA Fisheries),
Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers
(AWT), United States Coast Guard (USCG), Washington Department of Fish
and Wildlife (WDFW), the Oregon State Police (OSP), and California
Department of Fish and Wildlife (CDFW);
(b) ``authorized clearance personnel'' means an authorized officer
of the United States of America, a representative of the Commission, or
a designated fish processor;
(c) ``charter vessel'' outside of Alaska waters means a vessel used
for hire in recreational (sport) fishing for Pacific halibut, but not
including a vessel without a hired operator, and in Alaska waters means
a vessel used while providing or receiving recreational (sport) fishing
guide services for Pacific halibut;
(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) recreational (sport) fishing; (ii) treaty Indian ceremonial
and subsistence fishing as referred to in section 23, (iii) Indigenous
groups fishing in British Columbia as referred to in section 24; and
(iv) customary and traditional fishing as referred to in section 25 and
defined by and regulated pursuant to
[[Page 14592]]
NOAA Fisheries regulations published at 50 CFR part 300;
(e) ``Commission'' or ``IPHC'' means the International Pacific
Halibut Commission;
(f) ``daily bag limit'' means the maximum number of Pacific 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 gear anywhere in the
maritime area;
(h) ``fishing period limit'' means the maximum amount of Pacific
halibut that may be retained and landed by a vessel during one fishing
period;
(i) ``land'' or ``offload'' with respect to Pacific halibut, means
the removal of Pacific halibut from the catching vessel;
(j) ``license'' means a Pacific halibut fishing license issued by
the Commission pursuant to section 15;
(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 Pacific halibut means the weight of Pacific
halibut that is without gills and entrails, head-off, washed, and
without ice and slime. If a Pacific 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 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 IPHC Regulatory Area referred to
in section 4;
(q) ``setline gear'' means one or more stationary, buoyed, and
anchored lines with hooks attached;
(r) ``sport fishing'' or ``recreational fishing'' means all fishing
other than (i) commercial fishing; (ii) treaty Indian ceremonial and
subsistence fishing as referred to in section 23; (iii) Indigenous
groups fishing in British Columbia as referred to in section 24; and
(iv) customary and traditional fishing as referred to in section 25 and
defined in and regulated pursuant to NOAA Fisheries regulations
published in 50 CFR part 300;
(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 NOAA Fisheries-approved vessel
monitoring system transmitter that automatically determines a vessel's
position and transmits it to a NOAA Fisheries-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
NOAA Fisheries-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. IPHC Regulatory Areas
The following areas within the IPHC Convention waters shall be
defined as IPHC Regulatory Areas for the purposes of the Convention
(see Figure 1):
(1) IPHC Regulatory Area 2A includes all waters off the states of
California, Oregon, and Washington;
(2) IPHC Regulatory Area 2B includes all waters off British
Columbia;
(3) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory Area 4B includes all waters in the Bering Sea
and the Gulf of Alaska west of IPHC Regulatory Area 4A and south of
56[deg]20'00'' N latitude;
(8) IPHC Regulatory Area 4C includes all waters in the Bering Sea
north of IPHC Regulatory 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) IPHC Regulatory Area 4D includes all waters in the Bering Sea
north of IPHC Regulatory Areas 4A and 4B, north and west of IPHC
Regulatory Area 4C, and west of 168[deg]00'00'' W longitude; and
(10) IPHC Regulatory 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.
5. Mortality and Fishery Limits
(1) The Commission has adopted the following distributed mortality
(TCEY) limits:
----------------------------------------------------------------------------------------------------------------
Distributed mortality limits (TCEY)
(net weight)
IPHC Regulatory Area -------------------------------------
Million pounds
Tonnes (t) (Mlb)
----------------------------------------------------------------------------------------------------------------
Area 2A (California, Oregon, and Washington).............................. 748 1.65
Area 2B (British Columbia)................................................ 3,098 6.83
Area 2C (southeastern Alaska)............................................. 2,654 5.85
Area 3A (central Gulf of Alaska).......................................... 5,534 12.20
Area 3B (western Gulf of Alaska).......................................... 1,415 3.12
Area 4A (eastern Aleutians)............................................... 794 1.75
Area 4B (central/western Aleutians)....................................... 594 1.31
[[Page 14593]]
Areas 4CDE (Bering Sea)................................................... 1,769 3.90
-------------------------------------
Total................................................................. 16,601 36.60
----------------------------------------------------------------------------------------------------------------
(2) The fishery limits resulting from the IPHC-adopted distributed
mortality (TCEY) limits and the existing Contracting Party catch
sharing arrangements are as follows, recognizing that each Contracting
Party may implement more restrictive limits:
----------------------------------------------------------------------------------------------------------------
Fishery limits (net weight)
-------------------------------------
IPHC Regulatory Area Million pounds
Tonnes (t) (Mlb)*
----------------------------------------------------------------------------------------------------------------
Area 2A (California, Oregon, and Washington).............................. 680 1.50
Non-treaty directed commercial (south of Pt. Chehalis)................ 115 * 254,426
Non-treaty incidental catch in salmon troll fishery................... 20 * 44,899
Non-treaty incidental catch in sablefish fishery (north of Pt. 32 * 70,000
Chehalis)............................................................
Treaty Indian commercial.............................................. 224 * 492,800
Treaty Indian ceremonial and subsistence (year-round)................. 15 * 32,200
Recreational--Washington.............................................. 126 * 277,100
Recreational--Oregon.................................................. 131 * 289,575
Recreational--California.............................................. 18 * 39,000
Area 2B (British Columbia)................................................ 2,722 6.00
Commercial fishery.................................................... 2,322 5.12
Recreational fishery.................................................. 399 0.88
Area 2C (southeastern Alaska) (combined commercial/guided recreational)... 1,932 4.26
Commercial fishery (3.41 Mlb catch and 0.70 Mlb incidental mortality). 1,579 3.48
Guided recreational fishery (includes catch and incidental mortality). 354 0.78
Area 3A (central Gulf of Alaska) (combined commercial/guided recreational) 4,110 9.06
Commercial fishery (7.05 Mlb catch and 0.29 Mlb incidental mortality). 3,329 7.34
Guided recreational fishery (includes catch and incidental mortality). 776 1.71
Area 3B (western Gulf of Alaska).......................................... 1,093 2.41
Area 4A (eastern Aleutians)............................................... 640 1.41
Area 4B (central/western Aleutians)....................................... 499 1.10
Areas 4CDE................................................................ 785 1.73
Area 4C (Pribilof Islands)............................................ 347 0.766
Area 4D (northwestern Bering Sea)..................................... 347 0.766
Area 4E (Bering Sea flats)............................................ 90 0.198
-------------------------------------
Total............................................................. 12,465 27.48
----------------------------------------------------------------------------------------------------------------
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share Plan are listed in pounds.
6. 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 fishery limit established
preseason for each IPHC 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 of America; and
(c) is consistent, to the maximum extent practicable, with any
domestic catch sharing plans or other domestic allocation programs
developed by the governments of Canada or the United States of America.
(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 (sport) 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 Pacific halibut processors;
Federal, State, United States of America treaty Indian, and Provincial
fishery officials; and the media.
7. Careful Release of Pacific Halibut
(1) All Pacific 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 Pacific
halibut with a gaff.
(2) Except that paragraph (1) shall not prohibit the possession of
Pacific halibut on board a vessel that has been brought aboard to be
measured to determine if the applicable size limit of the Pacific
halibut is met and, if not legal-sized, is promptly returned to the sea
with a minimum of injury.
8. Retention of Tagged Pacific Halibut
(1) Nothing contained in these Regulations prohibits any vessel at
any time from retaining and landing a Pacific halibut that bears a
Commission
[[Page 14594]]
external tag at the time of capture, if the Pacific halibut with the
tag still attached is reported at the time of landing and made
available for examination by a representative of the Commission or by
an authorized officer.
(2) After examination and removal of the tag by a representative of
the Commission or an authorized officer, the Pacific halibut:
(a) May be retained for personal use; or
(b) may be sold only if the Pacific halibut is caught during
commercial Pacific halibut fishing and complies with the other
commercial fishing provisions of these Regulations.
(3) Any Pacific halibut that bears a Commission external tag will
not count against commercial fishing period limits, Individual Vessel
Quotas (IVQ), Individual Transferable Quota (ITQ), Community
Development Quotas (CDQ), or Individual Fishing Quotas (IFQ), and are
not subject to size limits in these regulations, but should still be
recorded in the landing record.
(4) Any Pacific halibut that bears a Commission external tag will
not count against recreational (sport) daily bag limits or possession
limits, may be retained outside of recreational (sport) fishing
seasons, and are not subject to size limits in these regulations.
(5) Any Pacific halibut that bears a Commission external tag will
not count against daily bag limits, possession limits, or fishery
limits in the fisheries described in section 23, paragraph (1)(c),
section 24, or section 25.
9. Fishing Periods
(1) The fishing periods for each IPHC Regulatory Area apply where
the fishery limits specified in section 5 have not been taken.
(2) Unless the Commission specifies otherwise, commercial fishing
for Pacific halibut in all IPHC Regulatory Areas may begin no earlier
in the year than 1200 local time on 14 March.
(3) All commercial fishing for Pacific halibut in all IPHC
Regulatory Areas shall cease for the year at 1200 local time on 15
November.
(4) The first fishing period in the IPHC Regulatory Area 2A non-
tribal directed commercial fishery \2\ shall begin at 0800 on the
fourth Monday in June and terminate at 1800 local time on the
subsequent Wednesday, unless the Commission specifies otherwise. If the
Commission determines that the fishery limit specified for IPHC
Regulatory Area 2A in Section 5 has not been exceeded, it may announce
a second fishing period of up to three fishing days to begin on Monday
two weeks after the first period, and, if necessary, a third fishing
period of up to three fishing days to begin on Monday four weeks after
the first period.
---------------------------------------------------------------------------
\2\ The non-tribal directed fishery is restricted to waters that
are south of Point Chehalis, Washington, (46[deg]53.30' N latitude)
under regulations promulgated by NOAA Fisheries and published in the
Federal Register.
---------------------------------------------------------------------------
(5) Notwithstanding paragraph (4), and paragraph (6) of section 12,
an incidental catch fishery \3\ is authorized during the sablefish
seasons in IPHC Regulatory Area 2A in accordance with regulations
promulgated by NOAA Fisheries. This fishery will occur between the
dates and times listed in paragraphs (2) and (3) of this section.
---------------------------------------------------------------------------
\3\ The incidental fishery during the directed, fixed gear
sablefish season is restricted to waters that are north of Point
Chehalis, Washington, (46[deg]53.30' N latitude) under regulations
promulgated by NOAA Fisheries at 50 CFR 300.63. Landing restrictions
for Pacific halibut retention in the fixed gear sablefish fishery
can be found at 50 CFR 660.231.
---------------------------------------------------------------------------
(6) Notwithstanding paragraph (4), and paragraph (6) of section 12,
an incidental catch fishery is authorized during salmon troll seasons
in IPHC Regulatory Area 2A in accordance with regulations promulgated
by NOAA Fisheries. This fishery will occur between the dates and times
listed in paragraphs (2) and (3) of this section.
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 Pacific halibut fishing and no person shall fish for Pacific
halibut therein or have Pacific 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 Pacific halibut
fishing.
11. Closed Periods
(1) No person shall engage in fishing for Pacific halibut in any
IPHC Regulatory Area other than during the fishing periods set out in
section 9 in respect of that area.
(2) No person shall land or otherwise retain Pacific halibut caught
outside a fishing period applicable to the IPHC Regulatory Area where
the Pacific halibut was taken.
(3) Subject to paragraphs (7), (8), (9), and (10) of section 18,
these Regulations do not prohibit fishing for any species of fish other
than Pacific halibut during the closed periods.
(4) Notwithstanding paragraph (3), no person shall have Pacific
halibut in his/her possession while fishing for any other species of
fish during the closed periods.
(5) No vessel shall retrieve any Pacific halibut fishing gear
during a closed period if the vessel has any Pacific halibut on board.
(6) A vessel that has no Pacific halibut on board may retrieve any
Pacific 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 Pacific 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 Pacific halibut caught on gear
retrieved in accordance with paragraph (6).
(9) No person shall possess Pacific halibut on board a vessel in an
IPHC Regulatory Area during a closed period unless that vessel is in
continuous transit to or within a port in which that Pacific halibut
may be lawfully sold.
12. Application of Commercial Fishery Limits
(1) Notwithstanding the fishery limits described in section 5,
regulations pertaining to the division of the IPHC Regulatory Area 2A
fishery limit between the directed commercial fishery and the
incidental catch fishery as described in paragraphs (5) and (6) of
section 9 will be promulgated by NOAA Fisheries and published in the
Federal Register.
(2) The Commission shall determine and announce to the public the
date on which the fishery limit for IPHC Regulatory Area 2A will be
taken.
(3) Notwithstanding the fishery limits described in section 5, the
commercial fishing in IPHC Regulatory Area 2B will close only when all
Individual Vessel Quotas (IVQ) and Individual Transferable Quotas (ITQ)
assigned by DFO are taken, or 15 November, whichever is earlier.
(4) Notwithstanding the fishery limits described in section 5, IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close
only when all Individual Fishing Quotas (IFQ) and all CDQ issued by
NOAA Fisheries have
[[Page 14595]]
been taken, or 15 November, whichever is earlier.
(5) If the Commission determines that the fishery limit specified
for IPHC Regulatory Area 2A in section 5 would be exceeded in an
additional directed commercial fishing period as specified in paragraph
(4) of section 9, the fishery limit for that area shall be considered
to have been taken and the directed commercial fishery closed as
announced by the Commission.
(6) When under paragraphs (1), (2), and (5) the Commission has
announced a date on which the fishery limit for IPHC Regulatory Area 2A
will be taken, no person shall fish for Pacific halibut in that area
after that date for the rest of the year, unless the Commission has
announced the reopening of that area for Pacific halibut fishing.
(7) Notwithstanding the fishery limits described in section 5, the
total allowable catch of Pacific halibut that may be taken in the IPHC
Regulatory Area 4E directed commercial fishery is equal to the combined
annual fishery limits specified for the IPHC Regulatory Areas 4D and 4E
CDQ fisheries and any IPHC Regulatory Area 4D IFQ received by transfer
by a CDQ organization. The annual IPHC Regulatory Area 4D fishery limit
will decrease by the equivalent amount of CDQ and IFQ received by
transfer by a CDQ organization taken in IPHC Regulatory Area 4E in
excess of the annual IPHC Regulatory Area 4E fishery limit.
(8) Notwithstanding the fishery limits described in section 5, the
total allowable catch of Pacific halibut that may be taken in the IPHC
Regulatory Area 4D directed commercial fishery is equal to the combined
annual fishery limits specified for IPHC Regulatory Areas 4C and 4D.
The annual IPHC Regulatory Area 4C fishery limit will decrease by the
equivalent amount of Pacific halibut taken in IPHC Regulatory Area 4D
in excess of the annual IPHC Regulatory Area 4D fishery limit.
13. Fishing in Regulatory IPHC Regulatory Areas 4D and 4E
(1) Section 13 applies only to any person fishing for, or any
vessel that is used to fish for, IPHC Regulatory Area 4E Community
Development Quota (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ
Pacific halibut, or IPHC Regulatory Area 4D IFQ received by transfer by
a CDQ organization provided that the total annual Pacific halibut catch
of that person or vessel is landed at a port within IPHC Regulatory
Areas 4E or 4D.
(2) A person may retain Pacific halibut taken with setline gear
that are smaller than the size limit specified in section 19, provided
that no person may sell or barter such Pacific halibut.
(3) The manager of a CDQ organization that authorizes persons to
harvest Pacific halibut in the IPHC Regulatory Area 4E or 4D CDQ
fisheries or IFQ received by transfer by a CDQ organization must report
to the Commission the total number and weight of undersized Pacific
halibut taken and retained by such persons pursuant to section 13,
paragraph (2). This report, which shall include data and methodology
used to collect the data, must be received by the Commission prior to 1
November of the year in which such Pacific halibut were harvested.
14. Fishing Period Limits
(1) It shall be unlawful for any vessel to retain more Pacific
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 Pacific halibut
during a fishing period when fishing period limits are in effect must,
upon commencing an offload of Pacific halibut to a commercial fish
processor, completely offload all Pacific halibut on board said vessel
to that processor and ensure that all Pacific halibut is weighed and
reported on State fish tickets.
(3) The operator of any vessel that fishes for Pacific halibut
during a fishing period when fishing period limits are in effect must,
upon commencing an offload of Pacific halibut other than to a
commercial fish processor, completely offload all Pacific halibut on
board said vessel and ensure that all Pacific 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
Pacific 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 fishery 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 IPHC Regulatory Area 2A apply only to
the directed Pacific halibut fishery referred to in paragraph (4) of
section 9.
15. Licensing Vessels for IPHC Regulatory Area 2A
(1) No person shall fish for Pacific halibut from a vessel, nor
possess Pacific halibut on board a vessel, used either for commercial
fishing or as a charter vessel in IPHC Regulatory Area 2A, unless the
Commission has issued a license valid for fishing in IPHC Regulatory
Area 2A in respect of that vessel.
(2) A license issued for a vessel operating in IPHC Regulatory 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 IPHC Regulatory Area 2A commercial
license cannot be used to recreationally (sport) fish for Pacific
halibut in IPHC Regulatory Area 2A.
(4) A license issued for a vessel operating in the commercial
fishery in IPHC Regulatory Area 2A shall be valid for one of the
following:
(a) The directed commercial fishery during the fishing periods
specified in paragraph (4) of section 9;
(b) the incidental catch fishery during the sablefish fishery
specified in paragraph (5) of section 9; or
(c) the incidental catch fishery during the salmon troll fishery
specified in paragraph (6) of section 9.
(5) A vessel with a valid license for the IPHC Regulatory Area 2A
incidental catch fishery during the sablefish fishery described in
paragraph (4)(b) may also apply for or be issued a license for the
directed commercial fishery described in paragraph (4)(a).
(6) 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.
(7) The Commission shall issue a license in respect to a vessel
from its office in Seattle, Washington, upon receipt of a completed
``Application for Vessel License for the Pacific Halibut Fishery''
form.
(8) A vessel operating in the directed commercial fishery in IPHC
Regulatory
[[Page 14596]]
Area 2A must have submitted its ``Application for Vessel License for
the Pacific Halibut Fishery'' form no later than 2359 local time on 30
April, or the first weekday in May if 30 April is a Saturday or Sunday.
(9) A vessel operating in the incidental catch fishery during the
sablefish fishery in IPHC Regulatory Area 2A must have submitted its
``Application for Vessel License for the Pacific Halibut Fishery'' form
no later than 2359 local time on 15 March, or the next weekday in March
if 15 March is a Saturday or Sunday.
(10) A vessel operating in the incidental catch fishery during the
salmon troll fishery in IPHC Regulatory Area 2A must have submitted its
``Application for Vessel License for the Pacific Halibut Fishery'' form
no later than 2359 local time on 15 March, or the next weekday in March
if 15 March is a Saturday or Sunday.
(11) Applications are submitted on the IPHC Secretariat web page.
(12) Information on the ``Application for Vessel License for the
Pacific Halibut Fishery'' form must be accurate.
(13) The ``Application for Vessel License for the Pacific Halibut
Fishery'' form shall be completed by the vessel owner.
(14) Licenses issued under this section shall be valid only during
the year in which they are issued.
(15) A new license is required for a vessel that is sold,
transferred, renamed, or for which the documentation is changed.
(16) The license required under this section is in addition to any
license, however designated, that is required under the laws of the
United States of America or any of its States.
(17) The United States of America may suspend, revoke, or modify
any license issued under this section under policies and procedures in
U.S. Code Title 15, CFR part 904.
16. Vessel Clearance in IPHC Regulatory Area 4
(1) The operator of any vessel that fishes for Pacific halibut in
IPHC Regulatory Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance
before fishing in any of these areas, and before the landing of any
Pacific 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 IPHC Regulatory 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 of America, a representative of the
Commission, or a designated fish processor.
(4) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4B may only be obtained at Nazan Bay on
Atka Island or Adak, Alaska, from an authorized officer of the United
States of America, a representative of the Commission, or a designated
fish processor.
(5) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory 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 Pacific halibut caught in IPHC Regulatory
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 of America, a representative of
the Commission, or a designated fish processor.
(8) Before unloading any Pacific halibut caught in IPHC Regulatory
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 of America, a representative
of the Commission, or a designated fish processor by VHF radio or in
person.
(9) Before unloading any Pacific halibut caught in IPHC Regulatory
Areas 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 of America, 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 17 for possessing Pacific halibut on board a vessel that was
caught in more than one regulatory area in IPHC Regulatory 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 IPHC Regulatory 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 of America, 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 Pacific halibut from IPHC Regulatory 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 of America, 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,
local time.
(12) No Pacific halibut shall be on board the vessel at the time of
the clearances required prior to fishing in IPHC Regulatory Area 4.
(13) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4A and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4A is exempt from the
clearance requirements of paragraph (1).
(14) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4B and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4B is exempt from the
clearance requirements of paragraph (1).
(15) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific
halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the
closed area defined in section 10, is exempt from the clearance
requirements of paragraph (1).
[[Page 14597]]
(16) Any vessel that carries a NOAA Fisheries observer, a NOAA
Fisheries electronic monitoring system, or a transmitting VMS
transmitter while fishing for Pacific halibut in IPHC Regulatory Areas
4A, 4B, 4C, or 4D and until all Pacific halibut caught in any of these
IPHC Regulatory 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 NOAA Fisheries'
observer or electronic monitoring regulations published at 50 CFR
subpart E, or vessel monitoring system regulations published at 50 CFR
679.28(f)(3), (4) and (5); and
(b) the operator of the vessel notifies NOAA Fisheries Office for
Law Enforcement at 800-304-4846 (select option 1 to speak to an
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight)
local time within 72 hours before fishing for Pacific halibut in IPHC
Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation
number.
17. Fishing Multiple Regulatory Areas
(1) Except as provided in this section, no person shall possess at
the same time on board a vessel Pacific halibut caught in more than one
IPHC Regulatory Area.
(2) Pacific halibut caught in more than one of the IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a
vessel at the same time only if:
(a) Authorized by NOAA Fisheries regulations published at 50 CFR
Section 679.7(f)(4); and
(b) the operator of the vessel identifies the regulatory area in
which each Pacific halibut on board was caught by separating Pacific
halibut from different areas in the hold, tagging Pacific halibut, or
by other means.
18. Fishing Gear
(1) No person shall fish for Pacific halibut using any gear other
than hook and line gear,
(a) except that vessels licensed to catch sablefish in IPHC
Regulatory Area 2B using sablefish trap gear as defined in the
Condition of Licence can retain Pacific halibut caught as bycatch under
regulations promulgated by DFO; or
(b) except that a person may retain Pacific halibut taken with
longline or single pot gear if such retention is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(2) No person shall possess Pacific halibut taken with any gear
other than hook and line gear,
(a) except that vessels licensed to catch sablefish in IPHC
Regulatory Area 2B using sablefish trap gear as defined by the
Condition of Licence can retain Pacific halibut caught as bycatch under
regulations promulgated by DFO; or
(b) except that a person may possess Pacific halibut taken with
longline or single pot gear if such possession is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(3) No person shall possess Pacific halibut while on board a vessel
carrying any trawl nets.
(4) All gear marker buoys carried on board or used by any United
States of America vessel used for Pacific 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 gear marker buoys carried on board or used by a Canadian
vessel used for Pacific 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 IPHC Regulatory Area 2A during the 72-hour period
immediately before the fishing period for the directed commercial
fishery shall catch or possess Pacific halibut anywhere in those waters
during that Pacific halibut fishing period unless, prior to the start
of the Pacific 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 IPHC
Regulatory Area 2A during the 72-hour period immediately before the
fishing period for the directed commercial fishery may be used to catch
or possess Pacific halibut anywhere in those waters during that Pacific
halibut fishing period unless, prior to the start of the Pacific
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 used to fish for any species of
fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
or 4E during the 72-hour period immediately before the opening of the
Pacific halibut fishing season shall catch or possess Pacific halibut
anywhere in those areas until the vessel has removed all of its 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 used to fish for any species of fish anywhere in
IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the
72-hour period immediately before the opening of the Pacific halibut
fishing season may be used to catch or possess Pacific halibut anywhere
in those areas until the vessel has removed all of its gear from the
water and has either:
(a) Made a landing and completely offloaded its entire catch of
other fish; or
(b) submitted to a hold inspection by an authorized officer.
(11) Notwithstanding any other provision in these Regulations, a
person may retain, possess and dispose of Pacific halibut taken with
trawl gear only as authorized by Prohibited Species Donation
regulations of NOAA Fisheries.
19. Size Limits
(1) No person shall take or possess any Pacific 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, Pacific
halibut in any IPHC Regulatory Area shall possess any Pacific halibut
that has had its head removed, except that Pacific halibut frozen at
sea with its head removed may be possessed on board a vessel by persons
in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if
authorized by Federal regulations.
(3) The size limit in paragraph (1)(b) will not be applied to any
Pacific
[[Page 14598]]
halibut that has had its head removed after the operator has landed the
Pacific halibut.
20. Logs
(1) The operator of any U.S. vessel fishing for Pacific halibut
that has an overall length of 26 feet (7.9 meters) or greater shall
maintain an accurate log of Pacific 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 Longline and Pot Gear
Daily Fishing Logbook, in electronic or paper form, provided by NOAA
Fisheries; 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 (ADFG) longline-pot logbook; or
the logbook provided by IPHC. The operator of a vessel fishing in IPHC
Regulatory Area 2A must use either the WDFW Voluntary Sablefish
Logbook, Oregon Department of Fish and Wildlife (ODFW) Fixed Gear
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 (ADFG, WDFW, ODFW, or
CDFW) or Tribal ID 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 Pacific 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 Pacific
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 Pacific halibut
fishing, during transits to port of landing, and until the offloading
of all Pacific halibut is completed.
(4) The log referred to in paragraph (1) does not apply to the
incidental Pacific halibut fishery during the salmon troll season in
IPHC Regulatory Area 2A defined in paragraph (6) of section 9.
(5) The operator of any Canadian vessel fishing for Pacific halibut
shall maintain an accurate record in the British Columbia Integrated
Groundfish Fishing Log.
(6) The log 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 the fishing gear is set and retrieved;
(c) the latitude and longitude coordinates for each set;
(d) the number of skates deployed or retrieved, and number of
skates lost; and
(e) the total weight or number of Pacific halibut retained for each
set.
(7) The log 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 Pacific halibut
fishing, during transits to port of landing, and until the offloading
of all Pacific halibut is completed;
(e) submitted to the DFO within seven days of offloading; and
(f) submitted to the Commission within seven days of the final
offload if not previously collected by a Commission employee.
(8) No person shall make a false entry in a log referred to in this
section.
21. Receipt and Possession of Pacific Halibut
(1) No person shall receive Pacific halibut caught in IPHC
Regulatory Area 2A from a United States of America vessel that does not
have on board the license required by section 15.
(2) No person shall possess on board a vessel a Pacific 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) Pacific halibut cheeks cut from Pacific halibut caught by
persons authorized to process the Pacific halibut on board in
accordance with NOAA Fisheries regulations published at 50 CFR part
679;
(b) fillets from Pacific halibut offloaded in accordance with
section 21 that are possessed on board the harvesting vessel in the
port of landing up to 1800 local time on the calendar day following the
offload; \4\ and
---------------------------------------------------------------------------
\4\ DFO has more restrictive regulations; therefore, section 21
paragraph (2)(b) does not apply to fish caught in IPHC Regulatory
Area 2B or landed in British Columbia.
---------------------------------------------------------------------------
(c) Pacific halibut with their heads removed in accordance with
section 19.
(3) No person shall offload Pacific halibut from a vessel unless
the gills and entrails have been removed prior to offloading.\5\
---------------------------------------------------------------------------
\5\ DFO did not adopt this regulation; therefore, section 21
paragraph (3) does not apply to fish caught in IPHC Regulatory Area
2B.
---------------------------------------------------------------------------
(4) It shall be the responsibility of a vessel operator who lands
Pacific halibut to continuously and completely offload at a single
offload site all Pacific halibut on board the vessel.
(5) A registered buyer (as that term is defined in regulations
promulgated by NOAA Fisheries and codified at 50 CFR part 679) who
receives Pacific halibut harvested in IFQ and CDQ fisheries in IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the
vessel operator that harvested such Pacific halibut must weigh all the
Pacific 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 Pacific halibut purchased by the registered buyer, the scale
weight (in pounds) of Pacific halibut offloaded in excess of the IFQ or
CDQ, the scale weight of Pacific halibut (in pounds) retained for
personal use or for future sale, and the scale weight (in pounds) of
Pacific halibut discarded as unfit for human consumption. All Pacific
halibut harvested in IFQ or CDQ fisheries in Areas IPHC Regulatory 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E, must be weighed with the head on and
the head-on weight must be recorded on Federal catch reports as
specified in this paragraph, unless the Pacific halibut is frozen at
sea and exempt from the head-on landing requirement at section 19(2).
(6) The first recipient, commercial fish processor, or buyer in the
United States of America who purchases or receives Pacific halibut
directly from the vessel operator that harvested such Pacific halibut
must weigh and record all Pacific halibut received and record the
following information on State fish tickets: the date of offload;
vessel number (State or Federal, not IPHC vessel number) or Tribal ID
number; total weight obtained at the time of offload including the
weight (in pounds) of Pacific halibut purchased; the weight (in pounds)
of Pacific halibut offloaded in excess of the IFQ, CDQ, or fishing
period limits; the weight of Pacific halibut (in pounds) retained for
personal use or for future sale; and the weight (in pounds) of Pacific
halibut
[[Page 14599]]
discarded as unfit for human consumption. All Pacific halibut harvested
in fisheries in IPHC Regulatory Areas 2A, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E must be weighed with the head on and the head-on weight must be
recorded on State fish tickets as specified in this paragraph, unless
the Pacific halibut is frozen at sea and exempt from the head-on
landing requirement at section 19(2).
(7) For Pacific halibut landings made in Alaska, the requirements
as listed in paragraphs (5) and (6) can be met by recording the
information in the Interagency Electronic Reporting Systems, eLandings,
in accordance with NOAA Fisheries regulation published at 50 CFR part
679.
(8) The master or operator of a Canadian vessel that was engaged in
Pacific halibut fishing must weigh and record all Pacific 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 Pacific
halibut was purchased; and the scale weight obtained at the time of
offloading of all Pacific halibut on board the vessel including the
pounds purchased, pounds in excess of IVQs or ITQs, pounds retained for
personal use, and pounds discarded as unfit for human consumption. All
Pacific halibut must be weighed with the head on and the head-on weight
must be recorded on the Provincial fish tickets or Federal catch
reports as specified in this paragraph, unless the Pacific halibut is
frozen at sea and exempt from the head-on landing requirement at
section 19(2).
(9) 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 (8) of this section.
(10) A copy of the fish tickets or catch reports referred to in
paragraphs (5), (6), and (8) 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.
(11) No person shall possess any Pacific halibut taken or retained
in contravention of these Regulations.
(12) When Pacific 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 Pacific
halibut was caught, in compliance with paragraph (10).
(13) No person shall tag Pacific halibut unless the tagging is
authorized by IPHC permit or by a Federal or State agency.
22. Supervision of Unloading and Weighing
The unloading and weighing of Pacific halibut may be subject to the
supervision of authorized officers to assure the fulfillment of the
provisions of these Regulations.
23. Fishing by United States Indian Tribes
(1) Pacific halibut fishing in IPHC Regulatory Area Subarea 2A-1 by
members of United States treaty Indian tribes located in the State of
Washington shall be regulated under regulations promulgated by NOAA
Fisheries and published in the Federal Register.
(a) Subarea 2A-1 includes the usual and accustomed fishing areas
for Pacific Coast treaty tribes off the coast of Washington and all
inland marine waters of Washington north of Point Chehalis
(46[deg]53.30' N lat.), including Puget Sound. Boundaries of a tribe's
fishing area may be revised as ordered by a United States Federal
court.
(b) Section 15 (Licensing Vessels for IPHC Regulatory Area 2A) does
not apply to commercial fishing for Pacific halibut in Subarea 2A-1 by
Indian tribes.
(c) Ceremonial and subsistence fishing for Pacific halibut in
Subarea 2A-1 is permitted with hook and line gear from 1 January
through 31 December.
(2) In IPHC Regulatory Area 2C, the Metlakatla Indian Community has
been authorized by the United States Government to conduct a commercial
Pacific halibut fishery within the Annette Islands Reserve. Fishing
periods for this fishery are announced by the Metlakatla Indian
Community and the Bureau of Indian Affairs. Landings in this fishery
are accounted with the commercial landings for IPHC Regulatory Area 2C.
(3) Section 7 (careful release of Pacific halibut), section 18
(fishing gear), except paragraphs (7) and (8) of section 18, section 19
(size limits), section 20 (logs), and section 21 (receipt and
possession of Pacific halibut) apply to commercial fishing for Pacific
halibut by Indian tribes.
(4) Regulations in paragraph (3) of this section that apply to
State fish tickets apply to Tribal tickets that are authorized by WDFW
and ADFG.
(5) Commercial fishing for Pacific halibut is permitted with hook
and line gear between the dates specified in section 9 paragraphs (2)
and (3), or until the applicable fishery limit specified in section 5
is taken, whichever occurs first.
24. Indigenous Groups Fishing for Food, Social and Ceremonial Purposes
in British Columbia
(1) Fishing for Pacific halibut for food, social and ceremonial
purposes by Indigenous groups in IPHC Regulatory Area 2B shall be
governed by the Fisheries Act of Canada and regulations as amended from
time to time.
25. Customary and Traditional Fishing in Alaska
(1) Customary and traditional fishing for Pacific halibut in IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed
pursuant to regulations promulgated by NOAA Fisheries and published in
50 CFR part 300.
(2) Customary and traditional fishing is authorized from 1 January
through 31 December.
26. Recreational (Sport) Fishing for Pacific Halibut--General
(1) No person shall engage in recreational (sport) fishing for
Pacific halibut using gear other than a single line with no more than
two hooks attached; or a spear.
(2) Any size limit promulgated under IPHC or domestic regulations
shall be measured in a straight line passing over the pectoral fin from
the tip of the lower jaw with the mouth closed, to the extreme end of
the middle of the tail as depicted in Figure 2.
(3) Any Pacific halibut brought aboard a vessel and not immediately
returned to the sea with a minimum of injury will be included in the
daily bag limit of the person catching the Pacific halibut.
(4) No person may possess Pacific halibut on a vessel while fishing
in a closed area.
(5) No Pacific halibut caught by recreational (sport) fishing shall
be offered for sale, sold, traded, or bartered.
(6) No Pacific halibut caught in recreational (sport) fishing shall
be possessed on board a vessel when other fish or shellfish aboard said
vessel are destined for commercial use, sale, trade, or barter.
(7) The operator of a charter vessel shall be liable for any
violations of these Regulations committed by an angler on board said
vessel. In Alaska, the charter vessel guide, as defined in 50 CFR
300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be
liable for any violation of these Regulations committed by an angler on
board a charter vessel.
[[Page 14600]]
27. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2A
(1) The Commission shall determine and announce closing dates to
the public for any area in which the fishery limits promulgated by NOAA
Fisheries are estimated to have been taken.
(2) When the Commission has determined that a subquota under
paragraph (7) of this section is estimated to have been taken, and has
announced a date on which the season will close, no person shall
recreational (sport) fish for Pacific halibut in that area after that
date for the rest of the year, unless a reopening of that area for
recreational (sport) Pacific halibut fishing is scheduled in accordance
with the Catch Sharing Plan for IPHC Regulatory Area 2A, or announced
by the Commission.
(3) In California, Oregon, or Washington, no person shall fillet,
mutilate, or otherwise disfigure a Pacific halibut in any manner that
prevents the determination of minimum size or the number of fish
caught, possessed, or landed.
(4) The possession limit on a vessel for Pacific halibut in the
waters off the coast of Washington is the same as the daily bag limit.
The possession limit for Pacific halibut on land in Washington is two
daily bag limits.
(5) The possession limit on a vessel for Pacific halibut caught in
the waters off the coast of Oregon is the same as the daily bag limit.
The possession limit for Pacific halibut on land in Oregon is three
daily bag limits.
(6) The possession limit on a vessel for Pacific halibut caught in
the waters off the coast of California is one daily bag limit. The
possession limit for Pacific halibut on land in California is one daily
bag limit.
(7) Specific regulations describing fishing periods, fishery
limits, fishing dates, and daily bag limits are promulgated by NOAA
Fisheries and published in the Federal Register.
28. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2B
(1) In all waters off British Columbia: 6 7
---------------------------------------------------------------------------
\6\ DFO could implement more restrictive regulations for the
recreational (sport) fishery, therefore anglers are advised to check
the current Federal or Provincial regulations prior to fishing.
\7\ For regulations on the experimental recreational fishery
implemented by DFO check the current Federal or Provincial
regulations.
---------------------------------------------------------------------------
(a) The recreational (sport) fishing season will open on 1 February
unless more restrictive regulations are in place;
(b) the recreational (sport) fishing season will close when the
recreational (sport) fishery limit allocated by DFO is taken, or 31
December, whichever is earlier; and
(c) the daily bag limit is two Pacific halibut of any size per day
per person.
(2) In British Columbia, no person shall fillet, mutilate, or
otherwise disfigure a Pacific halibut in any manner that prevents the
determination of minimum size or the number of fish caught, possessed,
or landed.
(3) The possession limit for Pacific halibut in the waters off the
coast of British Columbia is three Pacific halibut.6 7
29. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E
(1) In Convention waters in and off Alaska: 8 9
---------------------------------------------------------------------------
\8\ NOAA Fisheries could implement more restrictive regulations
for the recreational (sport) fishery or components of it, therefore,
anglers are advised to check the current Federal or State
regulations prior to fishing.
\9\ Charter vessels are prohibited from harvesting Pacific
halibut in IPHC Regulatory Areas 2C and 3A during one charter vessel
fishing trip under regulations promulgated by NOAA Fisheries at 50
CFR 300.66.
---------------------------------------------------------------------------
(a) The recreational (sport) fishing season is from 1 February to
31 December.
(b) The daily bag limit is two Pacific halibut of any size per day
per person unless a more restrictive bag limit applies in Commission
regulations or Federal regulations at 50 CFR 300.65.
(c) No person may possess more than two daily bag limits.
(d) No person shall possess on board a vessel, including charter
vessels and pleasure craft used for fishing, Pacific halibut that have
been filleted, mutilated, or otherwise disfigured in any manner, except
that each Pacific halibut may be cut into no more than 2 ventral
pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on
each piece, naturally attached.
(e) Pacific halibut in excess of the possession limit in paragraph
(1)(c) of this section may be possessed on a vessel that does not
contain recreational (sport) fishing gear, fishing rods, hand lines, or
gaffs.
(f) Pacific halibut harvested on a charter vessel fishing trip in
IPHC Regulatory Areas 2C or 3A must be retained on board the charter
vessel on which the Pacific halibut was caught until the end of the
charter vessel fishing trip as defined at 50 CFR 300.61.
(g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be
used to allow a charter vessel angler to harvest additional Pacific
halibut up to the limits in place for unguided anglers, and are exempt
from the requirements in paragraphs (2) and (3) of this section.
(2) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 2C:
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than one Pacific halibut per
calendar day.
(b) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain any Pacific halibut that with head on is
greater than 40 inches (101.6 cm) and less than 80 inches (203.2 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.
(3) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 3A:
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than two Pacific halibut per
calendar day.
(b) At least one of the retained Pacific halibut must have a head-
on length of no more than 26 inches (66.0 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. If a person
recreational (sport) fishing on a charter vessel in IPHC Regulatory
Area 3A retains only one Pacific halibut in a calendar day, that
Pacific halibut may be of any length.
(c) A ``charter halibut permit'' (as referred to in 50 CFR 300.67)
may only be used for one charter vessel fishing trip in which Pacific
halibut are caught and retained per calendar day. A charter vessel
fishing trip is defined at 50 CFR 300.61 as the time period between the
first deployment of fishing gear into the water by a charter vessel
angler (as defined at 50 CFR 300.61) and the offloading of one or more
charter vessel anglers or any Pacific halibut from that vessel. For
purposes of this trip limit, a charter vessel fishing trip ends at 2359
(Alaska local time) on the same calendar day that the fishing trip
began, or when any anglers or Pacific halibut are offloaded, whichever
comes first.
(d) A charter vessel on which one or more anglers catch and retain
Pacific halibut may only make one charter vessel fishing trip per
calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61
as the time period between the first deployment of fishing gear into
the water by a charter vessel angler (as defined at 50 CFR 300.61) and
the offloading of one or more charter vessel anglers or any Pacific
halibut from that vessel. For purposes of this trip limit, a charter
vessel fishing trip
[[Page 14601]]
ends at 2359 (Alaska local time) on the same calendar day that the
fishing trip began, or when any anglers or Pacific halibut are
offloaded, whichever comes first.
(e) No person on board a charter vessel may catch and retain
Pacific halibut on any Tuesday or Wednesday.
(f) Charter vessel anglers may catch and retain no more than four
(4) Pacific halibut per calendar year on board charter vessels in IPHC
Regulatory Area 3A. Pacific halibut that are retained as GAF, retained
while on a charter vessel fishing trip in other Commission regulatory
areas, or retained while fishing without the services of a guide do not
accrue toward the 4-fish annual limit. For purposes of enforcing the
annual limit, each angler must:
(1) maintain a nontransferable harvest record in the angler's
possession if retaining a Pacific halibut for which an annual limit has
been established. Such harvest record must be maintained either on the
back of the angler's State of Alaska recreational (sport) fishing
license or on a Sport Fishing Harvest Record Card obtained, without
charge, from ADF&G offices, the ADF&G website, or fishing license
vendors; and
(2) immediately upon retaining a Pacific halibut for which an
annual limit has been established, record the date, location (IPHC
Regulatory Area 3A), and species of the catch (Pacific halibut), in
ink, on the harvest record; and
(3) record the information required by paragraph 3(g)(2) on any
duplicate or additional recreational (sport) fishing license issued to
the angler or any duplicate or additional Sport Fishing Harvest Record
Card obtained by the angler for all Pacific halibut previously retained
during that year that were subject to the harvest record reporting
requirements of this section; and
(4) carry the harvest record on his or her person while fishing for
Pacific halibut.
30. Previous Regulations Superseded
These Regulations shall supersede all previous regulations of the
Commission, and these Regulations shall be effective each succeeding
year until superseded.
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[[Page 14602]]
[GRAPHIC] [TIFF OMITTED] TR13MR20.003
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Classification
IPHC Regulations
These IPHC annual management measures are a product of an agreement
between the United States and Canada and are published in the Federal
Register to provide notice of their effectiveness and content. Pursuant
to section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C.
773b, the Secretary of State, with the concurrence of the Secretary of
Commerce, may ``accept or reject'' but not modify these recommendations
of the IPHC. The notice-and-comment and delay-in-effectiveness date
provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)
and (d), are inapplicable to IPHC management measures because this
regulation involves a foreign affairs function of the United States, 5
U.S.C. 553(a)(1). As stated above, the Secretary of State has no
discretion to modify the recommendations of the IPHC. The additional
time necessary to comply with the notice-and-comment and delay-in-
effectiveness requirements of the APA would disrupt coordinated
international conservation and management of the halibut fishery
pursuant to the Convention. Additionally, these IPHC management
measures are published pursuant to regulations at 50 CFR 300.62 which
mandate ``immediate regulatory effect'' upon publication in the Federal
Register. The promulgation of 50 CFR 300.62, thus, notified the public
that IPHC management measures are revised annually and are in effect
immediately upon publication. Furthermore, no other law requires prior
notice and public comment for this rule. Because prior notice and an
opportunity for public comment are not required to be provided for
these portions of this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no Regulatory Flexibility
Analysis is required for this portion of the rule and none has been
prepared. This final rule has been determined to be not significant for
the purposes of Executive Order 12866. Because this is not a
significant rule, the provisions of Executive Order 13771 are
inapplicable.
Authority: 16 U.S.C. 773 et seq.
Dated: March 10, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-05228 Filed 3-12-20; 8:45 am]
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