Pacific Halibut Fisheries; Catch Sharing Plan, 13475-13491 [2021-04821]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Rules and Regulations]
[Pages 13475-13491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 210303-0037]
RIN 0648-BK30


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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SUMMARY: The Assistant Administrator for Fisheries, National Oceanic 
and Atmospheric Administration (NOAA), on behalf of the International 
Pacific Halibut Commission (IPHC), publishes as regulations the 2021 
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).

[[Page 13476]]


DATES: The IPHC's 2021 annual management measures took effect February 
18, 2021. The 2021 management measures are effective until superseded.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, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232. 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-2021-0017.

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 2021, 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 
2021 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 remotely by video conference on 
January 25 through 29, 2021, and recommended a number of changes to the 
previous IPHC regulations (85 FR 14586, March 13, 2020, and revisions 
at 85 FR 37024, June 19, 2020). The Secretary of State accepted the 
annual management measures, including the following changes to sections 
of the 2021 IPHC regulations:
    1. New commercial halibut fishery opening and closing dates in 
Section 9;
    2. Minor changes to Section 12 to ensure the regulatory text of 
that section aligns with the fishing season dates established in 
Section 9;
    3. New halibut catch limits in all regulatory areas. The catch 
limits are presented in two tables in Section 5 that distinguish 
between limits resulting from Commission decisions and those that are 
from catch limits that are the responsibility of the respective United 
States and Canada governments;
    4. New management measures for Area 2C and Area 3A guided sport 
fisheries in Section 29; and
    5. An addition to regulatory language in Section 22 to clarify that 
authorized representatives of the IPHC may sample halibut that are 
being unloaded and weighed.
    Pursuant to regulations at 50 CFR 300.62, the 2021 IPHC annual 
management measures are published in the Federal Register to provide 
notice of their 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 
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 (FCEY) for 2021 totaling 30,340,000 lb 
(17,661.99 mt). Overall, this represents a 10.4 percent increase over 
catch limits implemented in 2020. The catch limits in most regulatory 
areas increased, with the exception of the combined Areas 4CDE, which 
decreased slightly relative to the 2020 catch limits. A description of 
the process the IPHC used to set these catch limits follows.
    In 2020, 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-2021-AM097-06; available at 
www.iphc.int). To evaluate the Pacific halibut stock, the IPHC used an 
``ensemble'' of four equally weighted

[[Page 13477]]

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 2020 IPHC Fishery Independent Setline 
Survey (FISS), the 2020 commercial halibut fishery, the most recent 
NMFS trawl survey, sex-specific recreational age composition data from 
Area 3A, weight-at-age and male/female sex ratio estimates by region in 
the directed commercial fisheries and in the FISS, commercial fishery 
logbook information, 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 Commissioners. The Scientific Review Board did not 
identify any substantive errors in the data or methods used in the 2021 
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 data from an expansion of 
the FISS throughout the survey range over the 2011-2019 period. Among 
other things, improvements in the setline spatial coverage have helped 
gain a greater understanding of the degree of spatial and temporal 
Pacific halibut density, and has 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 
192,000,000 lb (87,243.96 mt) at the beginning of 2021. This level is 
currently estimated to be 33 percent (with a 95% credible interval of 
22% to 52%) 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 current 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 43 percent. The reference fishing 
intensity of F43 percent SPR seeks to allow a level of fishing 
intensity that is expected to result in approximately 43 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 for the 
2019 commercial fishery landings. Combined with similar data collected 
from the 2017 and 2018 commercial fisheries, the 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 3 in: Summary of the Data, 
Stock Assessment, and Harvest Decision Table for the Pacific Halibut 
Stock at the End of 2020; IPHC-2021-AM097-08) 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 2021. 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 2021, the IPHC adopted a TCEY totaling 39,000,000 lb (17,690.10 
mt) coastwide. This corresponds to a fishing intensity of approximately 
F43 percent, which is similar to the projected fishing intensity of 
approximately F42 percent used by the IPHC to establish the 2020 TCEY. 
The 2021 TCEY is 2,400,000 lb (1,088.62 mt) greater than the TCEY 
adopted in 2020.
    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 catch limits among areas.
    At a 39,000,000 lb TCEY, the IPHC estimates that the spawning stock 
biomass will likely decrease over the period from 2022 to 2024 relative 
to 2021. Specifically, the IPHC estimates there is a 65 percent 
probability that the spawning stock biomass will decrease in 2022 
relative to 2021, and that there is a 39 percent probability that the 
decrease in 2022 will be at least 5 percent of the 2021 spawning stock 
biomass. The factors that the IPHC considered in making their TCEY 
recommendations are described in the 2021 Annual Meeting Report (IPHC-
2021-AM097_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 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 2021 TCEY of 7,000,000 lb (3,175.15 mt) for Area 2B, 
which equates to 19.1 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 2021

[[Page 13478]]

IPHC Annual Meeting Report (IPHC-2021-AM097_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 1,510,000 lb (684.92 mt). 
This allocation is larger than the catch limit that would apply to Area 
2A under the adopted fishing intensity of F43 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 F43 percent, 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 F43 
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 2020 harvest rates, the recommendations from the 
IPHC's advisory boards, public input, and social and economic factors. 
The only U.S. area with a decreased TCEY relative to 2020 is Area 2C (-
0.9 percent; see Table 1). Areas 3A, 4A, 4B, and 4CDE received 
increases over 2020 levels that ranged from +2.5 percent in Areas 4CDE 
to +17.1 percent in Area 4A. The TCEY in Area 3B remained the same for 
2021 as in 2020. The IPHC determined that the 2021 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 2021, 
the IPHC recommended a catch limit for Area 4CDE of 1,670,000 lb 
(757.50 mt).

           Table 1--Percent Change in TCEY Mortality Limits from 2020 to 2021 by IPHC Regulatory Area
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                                                                    2020 Total      2021 Total      Change from
                         Regulatory area                             mortality       mortality         2020
                                                                    limit  (lb)     limit  (lb)      (percent)
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2A..............................................................       1,650,000       1,650,000             0.0
2B..............................................................       6,830,000       7,000,000             2.5
2C..............................................................       5,850,000       5,800,000            -0.9
3A..............................................................      12,200,000      14,000,000            14.8
3B..............................................................       3,120,000       3,120,000             0.0
4A..............................................................       1,750,000       2,050,000            17.1
4B..............................................................       1,310,000       1,400,000             6.9
4CDE............................................................       3,900,000       3,980,000             2.1
Coastwide.......................................................      36,600,000      39,000,000             6.6
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Commercial Halibut Fishery Opening and Closing Dates

    The IPHC considers advice from the IPHC's two advisory boards, as 
well as direct testimony from the public, when selecting opening and 
closing dates for the commercial halibut fishery. The opening date for 
all IPHC regulatory areas is March 6, 2021, which is eight days earlier 
than the 2020 opening date of March 14. The closing date for the 
commercial halibut fisheries in all regulatory areas is December 7, 
2021, which is 22 days later than the 2020 closing date of November 15. 
By adopting a longer fishing season, the IPHC was persuaded by 
considerable public testimony that cited the increased harvest 
flexibility and potential market advantages of a longer season. No 
detrimental conservation effects were identified by the change. The new 
dates also take 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 2021 
commercial catch data for use in the stock assessment process. It also 
takes into account the administrative tasks that are linked to halibut 
regulations developed independently by the domestic partners.
    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 a second fishing period of up to three fishing days to 
begin on Tuesday two weeks after the first period. 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 to approve 
the Pacific Halibut Catch Sharing Plan (CSP) for Area 2A off 
Washington, Oregon, and California and implement annual management 
measures for Area 2A as recommended by the PFMC in the CSP. These 
annual management measures include the sport fishery allocations and 
management measures for Area 2A which are not implemented through the 
IPHC. Public comments will be accepted for 30 days following 
publication of the proposed rule and NMFS will address any comments 
received in a final rule. 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/2021-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 Area 3A, and establishes 
allocations for

[[Page 13479]]

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 January 2021 meeting, the IPHC recommended a CCL of 
4,410,000 lb (2,000.34 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 810,000 lb (367.41 mt) of the CCL and the remainder of the 
CCL, 3,600,000 lb (1,632.93 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 
3,530,000 lb (1,601.18 mt). The commercial allocation (including 
wastage) increased by 120,000 lb (54.43 mt) or 3.4 percent, from the 
2020 allocation of 3,480,000 lb (1,578.50 mt). The charter allocation 
for 2021 increased by 30,000 lb (13.60 mt), or 3.8 percent more than 
the 2020 charter sector allocation of 780,000 lb (353.80 mt).
    The IPHC recommended a CCL of 11,140,000 lb (5,053.02 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 1,950,000 lb (885.51.64 
mt) of the CCL and the remainder of the CCL, 9,190,000 lb (4,168.51 
mt), is allocated to the commercial fishery. Wastage in the amount of 
240,000 lb (108.86 mt) was deducted from the commercial allocation to 
obtain the commercial catch limit of 8,950,000 lb (4,059.65 mt). The 
commercial allocation (including wastage) increased by about 1,850,000 
lb (839.15 mt) or 25.2 percent, from the 2020 allocation of 7,340,000 
lb (3,329.37 mt). The charter allocation increased by 240,000 lb 
(108.86 mt), or 14.0 percent, from the 2020 allocation of 1,710,000 lb 
(775.65 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 2020 charter fishing season was greatly impacted by the 
coronavirus pandemic and the resulting unexpected and substantial drop 
in fishing effort, which in turn affected the anticipated results of 
the pre-season analysis and adopted management measures for that year. 
In May and June of 2020, the NPFMC and IPHC responded with revised 
management measures that were published on June 19, 2020 (85 FR 37024). 
The revised management measures relaxed the halibut size limits in both 
Area 2C and 3A, and in Area 3A the new regulations rescinded an annual 
limit on retained halibut and allowed halibut retention on all days of 
the week. Preliminary estimates indicate that the final 2020 charter 
halibut harvests were 36.0 percent below the Area 2C allocation, and 
6.6 percent below the Area 3A allocation.
    In November 2020, the Charter Halibut Management Committee began 
the process of reviewing the analysis for various alternatives for the 
upcoming 2021 fishing year. Because the 2021 charter season was 
expected to be similarly impacted by reduced charter angler effort as 
the 2020 season, the Committee requested the analysis should contain 
elements that would allow a consideration of options that could address 
this likelihood. After reviewing all the analyses of the effects of the 
alternative measures on estimated charter removals, the committee made 
conservative recommendations for preferred management measures to the 
NPFMC for 2021 that are intended to provide harvest opportunity and 
stimulate charter business while also maintaining total charter 
harvests within the 2021 allocations for both Areas 2C and 3A. 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 2021, the 
IPHC concluded that in Area 3A, with a 14 percent increase in the catch 
limit from 2020, and factoring in a drop in fishing effort relative to 
years prior to 2020, the 2021 management measures should be similar to 
the revised measures adopted in 2020, with the addition of a closure to 
halibut retention on all Wednesdays. For Area 2C, the 2021 charter 
catch limits are also higher than 2020. However, the effect of 
management measures over the 2018-2020 period has resulted in under-
harvests of the charter allocation by 18.9 percent, 11.6 percent, and 
36.0 percent, respectively. Consequently, the IPHC determined that the 
charter management measures in Area 2C could be slightly less 
restrictive than the revised 2020 measures. 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

    As noted above, the preliminary estimate of 2020 charter removals 
in Area 2C was below the 2020 charter allocation by 280,465 lb (127.22 
mt) or

[[Page 13480]]

36.0 percent, indicating that the management measures were effective at 
limiting harvest by charter vessel anglers to the charter allocation, 
but given the sharp drop in angler effort in 2020, could have been less 
restrictive than the revised measures. The two primary management 
measures in Area 2C in 2020 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), which was revised in June 
to 45 inches (114.3 cm), or greater than or equal to 80 inches (203.2 
cm). The effect of these regulations was 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. When these considerations were balanced 
with the combined increase in charter allocation in 2021 and a reduced 
charter angler effort relative to the pre-2020 period, the IPHC 
concluded that less restrictive management measures for Area 2C in 2021 
are appropriate.
    Specifically, for 2021 in Area 2C, the IPHC recommended the 
continuation of a one-fish daily bag limit with a reverse 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 50 inches (127.0 cm) and less than 
72 inches (182.9 cm), as measured in a straight line, passing over the 
pectoral fin from the tip of the lower jaw with mouth closed, to the 
extreme end of the middle of the tail. These measures, combined with a 
reduction in fishing effort that is estimated to be 35 percent below 
the pre-2020 levels, are projected to yield 786,000 lb (356.52 mt) of 
charter removals, which is 24,000 lb (10.87 mt) and 3.0 percent below 
the charter allocation.

Management Measures for Charter Vessel Fishing in Area 3A

    The preliminary estimate of charter removals in Area 3A in 2020 was 
below the charter allocation by 113,303 lb (51.39 mt), or 6.6 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 changes the revised management measures adopted by 
the IPHC for the charter halibut fishery in Area 3A in 2020. The NPFMC 
and IPHC considered information on charter removals in 2020 and for 
previous years, as well as the projections of charter harvest, and 
increase in the charter allocation, and a consideration for a reduction 
in effort in 2021. With this information, the NPFMC and IPHC determined 
that slightly more restrictive management measures in Area 3A, relative 
to the revised 2020 measures, were appropriate to limit charter 
removals to the 2021 allocation.
    For 2021, the IPHC recommended the following management measures 
for Area 3A: (1) A two-fish bag limit with a 32-inch (81.3 cm) maximum 
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; 
and, (3) prohibition on halibut retention by charter vessel anglers on 
all Wednesdays. The projected charter harvest for 2021 under this 
combination of recommended measures is 1,853,000 lb (840.51 mt), which 
is 97,000 lb (44.0 mt) and 5.0 percent 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 2021 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 32 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 
the same as the revised regulations adopted in June 2020, and an 
increase from a 28 inch (71.1 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 
2021 allocation.

Trip Limit for Charter Vessels Harvesting Halibut in Area 3A

    Charter halibut permits and charter vessels in 2021 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. These regulations have been in place each year since 2016, and 
have proven to be effective in controlling halibut harvests.
    For purposes of the trip limit in Area 3A in 2021, 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 a closure on retaining halibut 
by charter vessel anglers on all Wednesdays for Area 3A in 2021. Only 
the retention of GAF halibut will be allowed on charter vessels on 
Wednesdays; all other halibut that are caught while fishing on a 
charter vessel must be released. The Wednesday closures are expected to 
effectively decrease the charter halibut harvest, relative to previous 
years.

Other Regulatory Amendments

Minor Revisions To Address Changes for the Application of Halibut 
Fishing Season Dates

    As noted above, the regulatory text in Section 9 establishes the 
opening and closing dates of the commercial halibut fishery. 
Subsections 12(3) and 12(4) address when the fishery shall close, and 
formerly named a specific date of November 15. The text in subsections 
12(3) and 12(4) now refers back to the fishery closure dates 
established in Section 9, so that the dates in Section 9 and Section 12 
are aligned.

Clarifying That IPHC May Obtain Samples During Halibut Offloads and 
Weighing

    To ensure regulatory compliance, Section 22 authorizes officers to 
supervise the offloading and weighing of halibut from fishing vessels. 
Section 22 is amended by adding subsection 22(2) to clarify that 
authorized representatives of the IPHC may also access the offloading 
and weighing of halibut in order to obtain biological samples.

Annual Halibut Management Measures

    The following annual management measures for the 2021 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

[[Page 13481]]

Commission (IPHC) Fishery Regulations (2021).
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 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

[[Page 13482]]

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                     748            1.65
 Washington)............................
Area 2B (British Columbia)..............           3,175            7.00
Area 2C (southeastern Alaska)...........           2,631            5.80
Area 3A (central Gulf of Alaska)........           6,350           14.00
Area 3B (western Gulf of Alaska)........           1,415            3.12
Area 4A (eastern Aleutians).............             930            2.05
Area 4B (central/western Aleutians).....             635            1.40
Areas 4CDE (Bering Sea).................           1,805            3.98
                                         -------------------------------
    Total...............................          17,690           39.00
------------------------------------------------------------------------

    (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                     685            1.51
 Washington)............................
    Non-treaty directed commercial                   116       * 256,122
     (south of Pt. Chehalis)............
    Non-treaty incidental catch in                    21        * 45,198
     salmon troll fishery...............
    Non-treaty incidental catch in                    32        * 70,000
     sablefish fishery (north of Pt.
     Chehalis)..........................
    Treaty Indian commercial............             225       * 496,300
    Treaty Indian ceremonial and                      15        * 32,200
     subsistence (year-round)...........
    Recreational--Washington............             127       * 279,414
    Recreational--Oregon................             132       * 291,506
    Recreational--California............              18        * 39,260
Area 2B (British Columbia)..............           2,790            6.15
    Commercial fishery..................           2,372            5.23
    Recreational fishery................             417            0.92
Area 2C (southeastern Alaska) (combined            2,000            4.41
 commercial/guided recreational)........
    Commercial fishery (3.53 Mlb catch             1,633            3.60
     and 0.70 Mlb incidental mortality).
    Guided recreational fishery                      367            0.81
     (includes catch and incidental
     mortality).........................
Area 3A (central Gulf of Alaska)                   5,053           11.14
 (combined commercial/guided
 recreational)..........................
    Commercial fishery (8.95 Mlb catch             4,169            9.19
     and 0.24 Mlb incidental mortality).
    Guided recreational fishery                      885            1.95
     (includes catch and incidental
     mortality).........................
Area 3B (western Gulf of Alaska)........           1,161            2.56
Area 4A (eastern Aleutians).............             753            1.66
Area 4B (central/western Aleutians).....             558            1.23
Areas 4CDE..............................             757            1.67
    Area 4C (Pribilof Islands)..........             335           0.738
    Area 4D (northwestern Bering Sea)...             335           0.738
    Area 4E (Bering Sea flats)..........              88           0.194
                                         -------------------------------
        Total...........................          13,757           30.33
------------------------------------------------------------------------
* 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

[[Page 13483]]

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 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 6 March.
    (3) All commercial fishing for Pacific halibut in all IPHC 
Regulatory Areas shall cease for the year at 1200 local time on 7 
December.
    (4) The first fishing period in the IPHC Regulatory Area 2A non-
tribal directed commercial fishery \2\ shall begin at 0800 on the 
fourth Tuesday in June and terminate at 1800 local time on the 
subsequent Thursday, 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 Tuesday 
two weeks after the first period, and, if necessary, a third fishing 
period of up to three fishing days to begin on Thursday 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

[[Page 13484]]

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 on the date when fishing must cease as 
specified in Section 9, 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 been taken, or on the date when fishing must cease 
as specified in Section 9, 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:

------------------------------------------------------------------------
                                                                Vessel
                  Overall length (in feet)                       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

[[Page 13485]]

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 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 29 May, or the next weekday in May if 
29 May 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

[[Page 13486]]

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).
    (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

[[Page 13487]]

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 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

[[Page 13488]]

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 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
    (1) 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.
    (2) The unloading and weighing of Pacific halibut may be subject to 
sampling by an authorized representative of the Commission.
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

[[Page 13489]]

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.
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 50 inches (127.0 cm) and less than 72 inches (182.9 cm) as 
measured in a straight line, passing over the pectoral

[[Page 13490]]

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 32 inches (81.3 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 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 Wednesday.
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.
[GRAPHIC] [TIFF OMITTED] TR09MR21.005


[[Page 13491]]


[GRAPHIC] [TIFF OMITTED] TR09MR21.006

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. These regulations become effective upon that acceptance. 
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 these regulations 
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 and the Northern Pacific Halibut Act of 1982. The 
publication of these regulations in the Federal Register provide the 
affected public with notice that the IPHC management measures are in 
effect. 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.

    Authority: 16 U.S.C. 773 et seq.

    Dated: March 3, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-04821 Filed 3-8-21; 8:45 am]
BILLING CODE 3510-22-P