[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Rules and Regulations]
[Pages 12759-12767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6755]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 961217359-7050-02; I.D. 121196B]
RIN 0648-AJ11


Pacific Halibut Fisheries; Catch Sharing Plans

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

ACTION: Annual management measures and approval of catch sharing plans.

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SUMMARY: The Assistant Administrator for Fisheries, NOAA (AA), on 
behalf of the International Pacific Halibut Commission (IPHC), 
publishes annual management measures promulgated as regulations by the 
IPHC and approved by the Secretary of State governing the Pacific 
halibut fishery. The AA also announces the approval of modifications to 
the Catch Sharing Plan for Area 2A, and implementing regulations for 
1997. These actions are intended to enhance the conservation of Pacific 
halibut stocks in order to help rebuild and sustain them at an adequate 
level in the northern Pacific Ocean and Bering Sea.

EFFECTIVE DATE: March 15, 1997.

ADDRESSES: NMFS Alaska Region, 709 W. 9th St., P.O. Box 21668, Juneau, 
AK 99802-1668; or NMFS Northwest Region, 7600 Sand Point Way NE, 
Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6143 or Jay 
Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations 
governing the Pacific halibut fishery in 1997, under the Convention 
between the United States and Canada for the Preservation of the 
Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), 
signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol 
Amending the Convention (signed at Washington, D.C., on March 29, 
1979). The IPHC regulations have been approved by the Secretary of 
State of the United States under section 4 of the Northern Pacific 
Halibut Act (Halibut Act, 16 U.S.C. 773-773k). Pursuant to regulations 
at 50 CFR section 300.62, the approved IPHC regulations setting forth 
the 1997 IPHC annual management measures are published in the Federal 
Register to provide notice of their effectiveness, and to inform 
persons subject to the regulations of the restrictions and 
requirements.
    The IPHC held its annual meeting on January 27-30, 1997, in 
Victoria, British Columbia, and adopted regulations for 1997. The 
substantive changes to the previous IPHC regulations (61 FR 11337, 
March 20, 1996) include: (1) New catch limits for all areas; (2) 
elimination of the commercial IPHC license requirement for U.S. vessels 
fishing in Alaska; (3) allowance for possessing halibut from multiple 
fishing areas onboard the vessel under specified conditions; (4) 
elimination of the requirement to maintain halibut log information 
separate from other records onboard the vessel; and (5) opening dates 
for the Area 2A commercial directed fishery.
    In addition, this action implements Catch Sharing Plans (Plans) for 
regulatory Areas 2A and 4. These Plans were developed respectively by 
the Pacific Fishery Management Council (PFMC) and the North Pacific 
Fishery Management Council (NPFMC) under authority of the Halibut Act. 
Section 5 of the Halibut Act (16 U.S.C. 773c) provides that the 
Secretary of Commerce (Secretary) shall have general responsibility to 
carry out the Halibut Convention (Convention) between the United States 
and Canada, and that the Secretary shall adopt such regulations as may 
be necessary to carry out the purposes and objectives of the Convention 
and the Halibut Act. The Secretary's authority has been delegated to 
the AA. Section 5 of the Halibut Act (16 U.S.C. 773c(c)) also 
authorizes the Regional Fishery Management Council having authority for 
the geographic area concerned to develop regulations governing the 
Pacific halibut catch in U.S. Convention waters that are in addition 
to, but not in conflict with, regulations of the IPHC. Pursuant to this 
authority, NMFS requested the PFMC and NPFMC to allocate halibut 
catches should such allocation be necessary.

Catch Sharing Plan for Area 2A

    The PFMC has prepared annual Plans since 1988 to allocate the 
halibut catch limit for Area 2A among treaty Indian, non-Indian 
commercial, and non-Indian sport fisheries in and off Washington, 
Oregon, and California. In 1995, NMFS implemented a Council-recommended 
long-term Plan (60 FR 14651, March 20, 1995), which was revised in 1996 
(61 FR 11337, March 20, 1996). The Plan allocates 35 percent of the 
Area 2A total allowable catch (TAC) to Washington treaty Indian tribes 
in Subarea 2A-1, and 65 percent to non-Indian fisheries in Area 2A. The 
allocation to non-Indian fisheries is divided into 3 shares, with the 
Washington sport fishery (north of the Columbia River) receiving 36.6 
percent, the Oregon/California sport fishery receiving 31.7 percent, 
and the commercial fishery receiving 31.7 percent. The commercial 
fishery is further divided into 2 sectors; a directed (traditional 
longline) commercial fishery that is allocated 85 percent of the non-
Indian commercial harvest, and 15 percent for harvests of halibut 
caught incidental to the salmon troll fishery. The directed commercial 
fishery in Area 2A is confined to southern Washington (south of 
46 deg.5'18'' N. lat.), Oregon and California. The Plan also divides 
the sport fisheries into seven geographic areas each with separate 
allocations, seasons, and bag limits.
    For 1997, PFMC recommended changes to the Plan to restructure the 
May and August seasons in the Oregon Central Coast subarea sport 
fishery (Cape Falcon to Florence north jetty) from a quota managed to a 
fixed-length season fishery. A complete description of the PFMC 
recommended changes to the Plan and implementing regulations was 
published in the Federal Register on January 3, 1997 (62 FR 382) with a 
request for public comments. No comments were received on the proposed 
changes to the Plan, and

[[Page 12760]]

NMFS hereby approves the changes to the Plan.
    The Plan for the Oregon sport fisheries is modified to read as 
follows:

Oregon Central Coast Subarea

    If the Area 2A TAC is 388,350 lb (176.2 mt) and greater, this 
subarea extends from Cape Falcon to the Siuslaw River at the 
Florence north jetty (44 deg.0'08'' N. lat.) and is allocated 88.4 
percent of the Oregon/California sport allocation, which is 18.21 
percent of the Area 2A TAC. If the Area 2A TAC is less than 388,350 
lb (176.2 mt), this subarea extends from Cape Falcon to the 
California border and is allocated 95.4 percent of the Oregon/
California sport allocation. The structuring objectives for this 
subarea are to provide two fixed-length periods of fishing 
opportunity in May and in August in productive deeper water areas 
along the coast, principally for charterboat and larger private boat 
anglers, and provide a period of fishing opportunity in the summer 
for nearshore waters for small boat anglers. Fixed-length seasons 
will be established preseason for the May and August openings and 
will not be modified inseason. The average catch per day observed in 
the previous 3 years in May and August will be used to estimate the 
number of open days for each fixed season. ODFW will monitor 
landings and provide a post-season estimate of catch within 2 weeks 
of the end of the fixed season. If sufficient catch remains for an 
additional day of fishing after the May season or the August season, 
openings will be provided in May and August respectively. Potential 
additional open dates for both the May and August seasons will be 
announced preseason. If a decision is made inseason to allow fishing 
on one or more of these additional dates, notice of the opening will 
be announced on the NMFS hotline (206) 526-6667 or (800) 662-9825. 
No halibut fishing will be allowed on the additional dates unless 
the opening date has been announced on the NMFS hotline. Any 
poundage remaining unharvested in the subquotas from earlier seasons 
will be added to the next season. The daily bag limit for all 
seasons is two halibut per person, one with a minimum 32-inch (81.3-
cm) size limit and the second with a minimum 50-inch (127.0 cm) size 
limit. ODFW will sponsor a public workshop shortly after the IPHC 
annual meeting to develop recommendations to NMFS on the opening 
dates for each season each year. The three seasons for this subarea 
are as follows.
    1. The first season is an all-depth fishery that begins in mid-
May and is allocated 68 percent of the subarea quota. Fixed season 
dates will be established preseason based on projected catch per day 
and number of days to achievement of the subquota for this first 
season. No inseason adjustments will be made, except that additional 
opening days (established preseason) may be allowed if any quota for 
this season remains unharvested. The fishery will be open 2 days per 
week (Friday and Saturday) if the season is for 4 or fewer fishing 
days. The fishery will be open 3 days per week (Thursday through 
Saturday) if the season is for 5 or more fishing days.
    2. The second season opens the day following closure of the 
first season, only in waters inside the 30-fathom (55 m) curve, and 
continues daily until 7 percent of the subarea quota is taken, or 
until early August, whichever is earlier.
    3. The last season is a coastwide (Cape Falcon to Oregon/
California border) all-depth fishery that begins in early August and 
is allocated 25 percent of the subarea quota. Fixed season dates 
will be established preseason based on projected catch per day and 
number of days to achievement of the combined Oregon subarea quotas 
south of Cape Falcon. No inseason adjustments will be made, except 
that additional opening days (established preseason) may be allowed 
if quota remains unharvested. The fishery will be open 2 days per 
week (Friday and Saturday).

Oregon South Coast Subarea

    If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this 
subarea extends from the Siuslaw River at the Florence north jetty 
(44 deg.01'08'' N. lat.) to the California border (42 deg.00'00'' N. 
lat.) and is allocated 7.0 percent of the Oregon/California sport 
allocation, which is 1.44 percent of the Area 2A TAC. If the Area 2A 
TAC is less than 388,350 lb (176.2 mt), this subarea will be 
included in the Oregon Central Coast subarea. The structuring 
objective for this subarea is to create a south coast management 
zone designed to accommodate the needs of both charterboat and 
private boat anglers in this area where weather and bar crossing 
conditions very often do not allow scheduled fishing trips. The 
first and second seasons will be managed for a quota, and a fixed-
length season will be established preseason for the August coastwide 
season (Cape Falcon to Oregon/California border). The average catch 
per day observed in the previous 3 years fisheries in August will be 
used to estimate the number of days for the fixed season. Additional 
open dates may be allowed after the August fixed-length season if 
sufficient quota remains for an additional day of fishing. Potential 
additional open dates will be announced preseason. If a decision is 
made inseason to allow fishing on one or more of these additional 
dates, notice of the opening will be announced on the NMFS hotline 
(206) 526-6667 or (800) 662-9825. No halibut fishing will be allowed 
on the additional dates unless the opening date has been announced 
on the NMFS hotline. Any poundage remaining unharvested in the 
subquotas from earlier seasons will be added to the next season. The 
daily bag limit for all seasons is two halibut per person, one with 
a minimum 32-inch (81.3 cm) size limit and the second with a minimum 
50-inch (127.0 cm) size limit. ODFW will sponsor a public workshop 
shortly after the IPHC annual meeting to develop recommendations to 
NMFS on the opening dates for each season each year. The three 
seasons for this subarea are as follows:
    1. The first season is an all-depth fishery that begins in May 
and continues at least 3 days per week (dependent on TAC) until 80 
percent of the subarea quota is taken.
    2. The second season opens the day following closure of the 
first season, only in waters inside the 30-fathom (55 m) curve, and 
continues daily until the subarea quota is estimated to have been 
taken, or early August, whichever is earlier.
    3. The last season is a coastwide (Cape Falcon to Oregon/
California border) all-depth fishery that begins in early August. 
Fixed season dates will be established preseason based on projected 
catch per day and number of days to achievement of the combined 
Oregon subarea quotas south of Cape Falcon. No inseason adjustments 
will be made, except that additional opening days (established 
preseason) may be allowed if quota remains unharvested. The fishery 
will be open 2 days per week (Friday and Saturday).

    Copies of the complete Plan for Area 2A as modified are available 
from the NMFS Northwest Regional Office (see ADDRESSES).
    In accordance with the Plan, the Oregon Department of Fish and 
Wildlife (ODFW) and the Washington Department of Fish and Wildlife 
(WDFW) held public workshops (after the IPHC set the Area 2A quota) on 
February 3 and 4, 1997, respectively, to develop recommendations on the 
opening dates and weekly structure of the sport fisheries. ODFW and 
WDFW sent NMFS a letter on February 7 and 11, 1997, respectively, 
advising on the outcome of the workshop and provided recommendations on 
the opening dates and season structure for the sport fisheries in the 
Washington inside waters area, the Washington north coast area, the 
Oregon central coast area, and the Oregon south coast area. The 
seasonal structuring of the sport fisheries in other areas are 
stipulated in the Plan. NMFS has approved the recommended opening dates 
and season structuring provided by ODFW and WDFW and implemented the 
sport fishery structuring established in the Plan for 1997 as described 
herein.

Catch Sharing Plan for Area 4

    The NPFMC developed a Plan in 1996 for allocating the Area 4 catch 
limit established by the IPHC among subareas 4A, 4B, 4C, 4D, and 4E. 
This Plan was adopted by the Secretary and first implemented in 1996 
(61 FR 11337, March 20, 1996) and remains in effect until amended by 
action of the NPFMC. No changes were recommended by the Council for 
1997. The 1997 catch limits established by the IPHC for the Area 4 
subareas, and published at section 10 of the following regulations, are 
consistent with the Plan.
    The 1997 Pacific halibut fishery regulations are identical to those 
recommended by the IPHC and approved by the Secretary of State as 
follows.

[[Page 12761]]

1997 Pacific Halibut Fishery Regulations

1. Short Title

    These regulations may be cited as the Pacific Halibut Fishery 
Regulations.

2. Interpretation

    (1) In these Regulations,
    (a) Authorized officer means any State, Federal, or Provincial 
officer authorized to enforce these regulations including, but not 
limited to, the National Marine Fisheries Service (NMFS), Canada's 
Department of Fisheries and Oceans (DFO), Alaska Division of Fish 
and Wildlife Protection (ADFWP), and the United States Coast Guard 
(USCG);
    (b) Charter vessel means a vessel used for hire in sport fishing 
for halibut, but not including a vessel without a hired operator;
    (c) Commercial fishing means fishing the resulting catch of 
which either is or is intended to be sold or bartered;
    (d) Commission means the International Pacific Halibut 
Commission;
    (e) Daily bag limit means the maximum number of halibut a person 
may take in any calendar day from Convention waters;
    (f) Fishing means the taking, harvesting, or catching of fish, 
or any activity that can reasonably be expected to result in the 
taking, harvesting, or catching of fish, including specifically the 
deployment of any amount or component part of setline gear anywhere 
in the maritime area;
    (g) Fishing period limit means the maximum amount of halibut 
that may be retained and landed by a vessel during one fishing 
period;
    (h) Land, with respect to halibut, means the offloading of 
halibut from the catching vessel;
    (i) License means a halibut fishing license issued by the 
Commission pursuant to section 3;
    (j) Maritime area, in respect of the fisheries jurisdiction of a 
Contracting Party, includes without distinction areas within and 
seaward of the territorial sea or internal waters of that Party;
    (k) Operator, with respect to any vessel, means the owner and/or 
the master or other individual on board and in charge of that 
vessel;
    (l) 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);
    (m) Person includes an individual, corporation, firm, or 
association;
    (n) Regulatory area means an area referred to in section 6;
    (o) Setline gear means one or more stationary, buoyed, and 
anchored lines with hooks attached;
    (p) Sport fishing means all fishing other than commercial 
fishing and treaty Indian ceremonial and subsistence fishing;
    (q) 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;
    (2) In these Regulations, all bearings are true and all 
positions are determined by the most recent charts issued by the 
National Ocean Service or the Canadian Hydrographic Service.
    (3) In these Regulations all weights shall be computed on the 
basis that the heads of the fish are off and their entrails removed.

3. Licensing Vessels

    (1) No person shall fish for halibut from a vessel, nor possess 
halibut on board a vessel, used either for commercial fishing or as 
a charter vessel in Area 2A unless the Commission has issued a 
license valid for fishing in Area 2A in respect of that vessel.
    (2) A license issued for a vessel operating in Area 2A shall be 
valid only for operating either as a charter vessel or a commercial 
vessel, but not both.
    (3) A license issued for a vessel operating in the commercial 
fishery in Area 2A shall be valid only for either the directed 
commercial fishery during the fishing periods specified in paragraph 
(2) of section 7 or the incidental catch fishery during the salmon 
troll fishery specified in paragraph (3) of section 7, but not both.
    (4) No person shall fish for halibut from a vessel used as a 
charter vessel, nor possess halibut on board such vessel, unless the 
Commission has issued a license valid for fishing in Area 2B in 
respect of that vessel.
    (5) No person shall fish for halibut from a vessel, nor possess 
halibut on board a vessel, used as a charter vessel in Areas 2C, 3A, 
3B, 4A, 4B, 4C, 4D, and 4E, unless the Commission has issued a 
license valid for fishing in those areas in respect of that vessel.
    (6) A license issued in respect of a vessel referred to in 
paragraphs (1), (4), and (5) 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 of a vessel, 
without fee from its office in Seattle, Washington, upon receipt of 
a completed, written, and signed ``Application for Vessel License 
for the Halibut Fishery'' form.
    (8) A vessel operating in the directed commercial fishery in 
Area 2A must have its ``Application for Vessel License for the 
Halibut Fishery'' form postmarked no later than 11:59 P.M. on April 
30, or on the first weekday in May if April 30 is a Saturday or 
Sunday.
    (9) A vessel operating in the incidental commercial fishery 
during the salmon troll season in Area 2A must have its 
``Application for Vessel License for the Halibut Fishery'' form 
postmarked no later than 11:59 P.M. on March 31, or the first 
weekday in April if March 31 is a Saturday or Sunday.
    (10) Application forms may be obtained from any authorized 
officer or from the Commission.
    (11) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (12) The ``Application for Vessel License for the Halibut 
Fishery'' form shall be completed and signed by the vessel owner.
    (13) Licenses issued under this section shall be valid only 
during the year in which they are issued.
    (14) A new license is required for a vessel that is sold, 
transferred, renamed, or re-documented.
    (15) The license required under this section is in addition to 
any license, however designated, that is required under the laws of 
Canada or any of its Provinces or the United States or any of its 
States.
    (16) The United States may suspend, revoke, or modify any 
license issued under this section under policies and procedures in 
Title 15, Code of Federal Regulations, Part 904.

4. Inseason Actions

    (1) The Commission is authorized to establish or modify 
regulations during the season after determining that such action:
    (a) Will not result in exceeding the catch limit established 
preseason for each regulatory area;
    (b) Is consistent with the Convention between the United States 
of America and Canada for the Preservation of the Halibut Fishery of 
the Northern Pacific Ocean and Bering Sea, and applicable domestic 
law of either Canada or the United States; and
    (c) Is consistent, to the maximum extent practicable, with any 
domestic catch sharing plans developed by the United States or 
Canadian governments.
    (2) Inseason actions may include, but are not limited to, 
establishment or modification of the following:
    (a) Closed areas;
    (b) Fishing periods;
    (c) Fishing period limits;
    (d) Gear restrictions;
    (e) Recreational bag limits;
    (f) Size limits; or
    (g) Vessel clearances.
    (3) Inseason changes will be effective at the time and date 
specified by the Commission.
    (4) The Commission will announce in-season actions under this 
section by providing notice to major halibut processors; Federal, 
State, United States treaty Indian, and Provincial fishery 
officials; and the media.

5. Application

    (1) These Regulations apply to persons and vessels fishing for 
halibut in, or possessing halibut taken from, waters off the west 
coast of Canada and the United States, including the southern as 
well as the western coasts of Alaska, within the respective maritime 
areas in which each of those countries exercises exclusive fisheries 
jurisdiction as of March 29, 1979.
    (2) Sections 6 to 20 apply to commercial fishing for halibut.
    (3) Section 21 applies to the United States treaty Indian tribal 
fishery in Area 2A-1.
    (4) Section 22 applies to sport fishing for halibut.
    (5) Sections 23 and 24 apply to fishing in Area 2A.
    (6) These regulations do not apply to fishing operations 
authorized or conducted by the Commission for research purposes.

6. Regulatory Areas

    The following areas shall be regulatory areas for the purposes 
of the Convention:
    (1) Area 2A includes all waters off the states of California, 
Oregon, and Washington;

[[Page 12762]]

    (2) Area 2B includes all waters off British Columbia;
    (3) Area 2C includes all waters off Alaska that are east of a 
line running 340 deg. true from Cape Spencer Light (58 deg.11'57'' 
N. lat., 136 deg.38'18'' W. long.) and south and east of a line 
running 205 deg. true from said light;
    (4) Area 3A includes all waters between Area 2C and a line 
extending from the most northerly point on Cape Aklek 
(57 deg.41'15'' N. lat., 155 deg.35'00'' W. long.) to Cape Ikolik 
(57 deg.17'17'' N. lat., 154 deg.47'18'' W. long.), then along the 
Kodiak Island coastline to Cape Trinity (56 deg.44'50'' N. lat., 
154 deg.08'44'' W. long.), then 140 deg. true;
    (5) Area 3B includes all waters between Area 3A and a line 
extending 150 deg. true from Cape Lutke (54 deg.29'00'' N. lat., 
164 deg.20'00'' W. long.) and south of 54 deg.49'00'' N. lat. in 
Isanotski Strait;
    (6) Area 4A includes all waters in the Gulf of Alaska west of 
Area 3B and in the Bering Sea west of the closed area defined in 
section 9 that are east of 172 deg.00'00'' W. long. and south of 
56 deg.20'00'' N. lat.;
    (7) Area 4B includes all waters in the Bering Sea and the Gulf 
of Alaska west of Area 4A and south of 56 deg.20'00'' N. lat.;
    (8) Area 4C includes all waters in the Bering Sea north of Area 
4A and north of the closed area defined in section 9 which are east 
of 171 deg.00'00'' W. long., south of 58 deg.00'00'' N. lat., and 
west of 168 deg.00'00'' W. long.;
    (9) Area 4D includes all waters in the Bering Sea north of Areas 
4A and 4B, north and west of Area 4C, and west of 168 deg.00'00'' W. 
long.;
    (10) Area 4E includes all waters in the Bering Sea north and 
east of the closed area defined in section 9, east of 
168 deg.00'00'' W. long., and south of 65 deg.34'00'' N. lat.

7. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the 
catch limits specified in section 10 have not been taken.
    (2) Each fishing period in the Area 2A directed fishery south of 
46 deg.53'18'' N. lat. shall begin at 0800 hours and terminate at 
1800 hours local time on July 8, July 22, August 5, August 19, 
September 2, and September 16 unless the Commission specifies 
otherwise.
    (3) Notwithstanding paragraph (2), and paragraph (7) of section 
10, an incidental catch fishery is authorized during salmon troll 
seasons in Area 2A. Vessels participating in the salmon troll 
fishery in Area 2A may retain halibut caught incidentally during 
authorized periods, in conformance with the annual salmon management 
measures announced in the Federal Register. The notice also will 
specify the ratio of halibut to salmon that may be retained during 
this fishery.
    (4) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, 
and 4E shall begin at 1200 hours local time on March 15 and 
terminate at 1200 hours local time on November 15 unless the 
Commission specifies otherwise.
    (5) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A, 
3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on 
November 15.

8. Closed Periods

    (1) No person shall engage in fishing for halibut in any 
regulatory area other than during the fishing periods set out in 
section 7 in respect of that area.
    (2) No person shall land or otherwise retain halibut caught 
outside a fishing period applicable to the regulatory area where the 
halibut was taken.
    (3) Subject to paragraphs (7), (8), (9), and (10) of section 18, 
these Regulations do not prohibit fishing for any species of fish 
other than halibut during the closed periods.
    (4) Notwithstanding paragraph (3), no person shall have halibut 
in his/her possession while fishing for any other species of fish 
during the closed periods.
    (5) No vessel shall retrieve any halibut fishing gear during a 
closed period if the vessel has any halibut on board.
    (6) A vessel that has no halibut on board may retrieve any 
halibut fishing gear during the closed period after the operator 
notifies an authorized officer or representative of the Commission 
prior to that retrieval.
    (7) After retrieval of halibut gear in accordance with paragraph 
(6) of this section, the vessel shall submit to a hold inspection at 
the discretion of the authorized officer or representative of the 
Commission.
    (8) No person shall retain any halibut caught on gear retrieved 
under paragraph (6) of this section.
    (9) No person shall possess halibut aboard a vessel in a 
regulatory area during a closed period unless that vessel is in 
continuous transit to or within a port in which that halibut may be 
lawfully sold.

9. Closed Area

    (1) All waters in the Bering Sea north of 54 deg.49'00'' N. lat. 
in Isanotski Strait that are enclosed by a line from Cape Sarichef 
Light (54 deg.36'00'' N. lat., 164 deg.55'42'' W. long.) to a point 
at 56 deg.20'00'' N. lat., 168 deg.30'00'' W. long.; thence to a 
point at 58 deg.21'25'' N. lat., 163 deg.00'00'' W. long.; thence to 
Strogonof Point (56 deg.53'18'' N. lat., 158 deg.50'37'' W. long.); 
and then along the northern coasts of the Alaska Peninsula and 
Unimak Island to the point of origin at Cape Sarichef Light are 
closed to halibut fishing and no person shall fish for halibut 
therein or have halibut in his/her possession while in those waters 
except in the course of a continuous transit across those waters.
    (2) In Area 2A, all waters north of Point Chehalis, WA 
(46 deg.53'18'' N. lat.) are closed to the directed commercial 
halibut fishery.

10. Catch Limits

    (1) The total allowable catch of halibut to be taken during the 
halibut fishing periods specified in section 7 shall be limited to 
the weight expressed in pounds or metric tons shown in the following 
table:

------------------------------------------------------------------------
                                                      Catch limits      
                Regulatory area                -------------------------
                                                   Pounds    Metric tons
------------------------------------------------------------------------
2A............................................      144,235           65
2B............................................   12,500,000        5,669
2C............................................   10,000,000        4,535
3A............................................   25,000,000       11,338
3B............................................    9,000,000        4,082
4A............................................    2,940,000        1,333
4B............................................    3,480,000        1,578
4C............................................    1,160,000          526
4D............................................    1,160,000          526
4E............................................      260,000          118
------------------------------------------------------------------------

    (2) Notwithstanding paragraph (1) of this section, the catch 
limit in Area 2A shall be divided between a directed halibut fishery 
to operate south of 46 deg.53'18'' N. lat. during the fishing 
periods set out in paragraph 2 of Section 7 and an incidental 
halibut catch fishery during the salmon troll fishery in Area 2A 
described in paragraph 3 of Section 7. In season actions to transfer 
catch between these fisheries may occur in conformance with the 
Catch Sharing Plan for Area 2A.
    (a) The catch limit in the directed halibut fishery is 122,600 
lb (55.6 mt).
    (b) The catch limit in the incidental catch fishery during the 
salmon troll fishery is 21,635 lb (9.8 mt).
    (3) The Commission shall determine and announce to the public 
the date on which the catch limit for Area 2A will be taken and the 
specific dates during which the directed fishery will be allowed in 
Area 2A.
    (4) Notwithstanding paragraph (1), Area 2B will close only when 
all Individual Vessel Quotas assigned by Canada's Department of 
Fisheries and Oceans are taken, or November 15, whichever is 
earlier.
    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, and 4E will close only when all Individual Fishing Quotas and 
all Community Development Quotas issued by the National Marine 
Fisheries Service have been taken, or November 15, whichever is 
earlier.
    (6) If the Commission determines that the catch limit specified 
for Area 2A in paragraph (1) would be exceeded in an unrestricted 
10-hour fishing period as specified in paragraph (2) of section 7, 
the catch limit for that area shall be considered to have been taken 
unless fishing period limits are implemented.
    (7) When under paragraphs (3) or (6) of this section the 
Commission has announced a date on which the catch limit for Area 2A 
will be taken, no person shall fish for halibut in that area after 
that date for the rest of the year, unless the Commission has 
announced the reopening of that area for halibut fishing.

11. Fishing Period Limits

    (1) It shall be unlawful for any vessel to retain more halibut 
than authorized by that vessel's license in any fishing period for 
which the Commission has announced a fishing period limit.
    (2) The operator of any vessel that fishes for halibut during a 
fishing period when fishing period limits are in effect must, upon 
commencing an offload of halibut to a commercial fish processor, 
completely offload all halibut on board said vessel to that 
processor and ensure that all halibut is weighed and reported on 
State fish tickets.
    (3) The operator of any vessel that fishes for halibut during a 
fishing period when fishing period limits are in effect must, upon

[[Page 12763]]

commencing an offload of halibut other than to a commercial fish 
processor, completely offload all halibut on board said vessel and 
ensure that all halibut are weighed and reported on State fish 
tickets.
    (4) The provisions of paragraph (3) are not intended to prevent 
retail over-the-side sales to individual purchasers so long as all 
the halibut on board is ultimately offloaded and reported.
    (5) When fishing period limits are in effect, a vessel's maximum 
retainable catch will be determined by the Commission based on
    (a) The vessel's overall length in feet and associated length 
class;
    (b) The average performance of all vessels within that class; 
and
    (c) The remaining catch limit.
    (6) Length classes are shown in the following table:

------------------------------------------------------------------------
                Overall length                        Vessel class      
------------------------------------------------------------------------
1-25.........................................  A                        
26-30........................................  B                        
31-35........................................  C                        
36-40........................................  D                        
41-45........................................  E                        
46-50........................................  F                        
51-55........................................  G                        
56- +........................................  H                        
------------------------------------------------------------------------

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

12. Size Limits

    (1) No person shall take or possess any halibut that
    (a) With the head on, is less than 32 inches (81.3 cm) as 
measured in a straight line, passing over the pectoral fin from the 
tip of the lower jaw with the mouth closed, to the extreme end of 
the middle of the tail, as illustrated in the schedule; 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 the schedule.
    (2) No person shall possess on board a vessel a halibut that has 
been mutilated, or otherwise disfigured in any manner that prevents 
the determination of whether the halibut complies with the size 
limits specified in this section, except that:
    (a) This paragraph shall not prohibit the possession on board a 
vessel of halibut cheeks cut from halibut caught by persons 
authorized to process the halibut on board in accordance with NMFS 
regulations published at Title 50 Code of Federal Regulations, part 
679; and
    (b) No person shall possess a filleted halibut on board a 
vessel.
    (3) No person on board a vessel fishing for, or tendering, 
halibut caught in Area 2A shall possess any halibut that has had its 
head removed.

13. Careful Release of Halibut

    All halibut that are caught and are not retained shall be 
immediately released and returned to the sea with a minimum of 
injury by
    (a) Hook straightening outboard of the roller;
    (b) Cutting the gangion near the hook; or
    (c) Carefully removing the hook by twisting it from the halibut 
with a gaff.

14. Vessel Clearance in Area 4

    (1) The operator of any vessel that fishes for halibut in Areas 
4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in 
any of these areas, and before the unloading of any halibut caught 
in any of these areas, unless specifically exempted in paragraphs 
(9), (12), (13), (14), or (15).
    (2) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4A may be obtained only at Dutch Harbor or Akutan, 
Alaska, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor.
    (3) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4B may only be obtained at Nazan Bay on Atka Island, 
Alaska, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor.
    (4) The vessel clearance required under paragraph (1) prior to 
fishing in Area 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.
    (5) The vessel operator shall specify the specific regulatory 
area in which fishing will take place.
    (6) Before unloading any halibut caught in Area 4A, a vessel 
operator may obtain the clearance required under paragraph (1) only 
in Dutch Harbor or Akutan, Alaska, by contacting an authorized 
officer of the United States, a representative of the Commission, or 
a designated fish processor.
    (7) Before unloading any halibut caught in Area 4B, a vessel 
operator may obtain the clearance required under paragraph (1) only 
in Nazan Bay on Atka Island, either in person or by contacting 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.
    (8) Before unloading any halibut caught in Area 4C or 4D, a 
vessel operator may obtain the clearance required under paragraph 
(1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska, 
either in person or by contacting an authorized officer of the 
United States, a representative of the Commission, or a designated 
fish processor. The clearances obtained in St. Paul or St. George, 
Alaska, can be obtained by VHF radio and allowing the person 
contacted to confirm visually the identity of the vessel.
    (9) Any vessel operator who complies with the requirements in 
Section 17 for possessing halibut on board a vessel that was caught 
in more than one regulatory area in Area 4 is exempt from the 
clearance requirements of paragraph (1) of this section, but must 
comply with the following requirements:
    (a) The operator of the vessel must obtain a vessel clearance 
prior to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul, 
St. George, or Nazan Bay on Atka Island by contacting an authorized 
officer of the United States, a representative of the Commission, or 
a designated fish processor. The clearance obtained in St. Paul, St. 
George, or Nazan Bay on Atka can be obtained by VHF radio and 
allowing the person contacted to confirm visually the identity of 
the vessel. This clearance will list the Areas in which the vessel 
will fish; and
    (b) Before unloading any halibut from Area 4, the vessel 
operator must obtain a vessel clearance from Dutch Harbor, Akutan, 
St. Paul, St. George, or Nazan Bay on Atka Island by contacting an 
authorized officer of the United States, a representative of the 
Commission, or a designated fish processor. The clearance obtained 
in St. Paul, St. George, 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.
    (10) Vessel clearances shall be obtained between 0600 and 1800 
hours, local time.
    (11) No halibut shall be on board the vessel at the time of the 
clearances required prior to fishing in Area 4.
    (12) Any vessel that is used to fish for halibut only in Area 4A 
and lands its total annual halibut catch at a port within Area 4A is 
exempt from the clearance requirements of paragraph (1).
    (13) Any vessel that is used to fish for halibut only in Area 4B 
and lands its total annual halibut catch at a port within Area 4B is 
exempt from the clearance requirements of paragraph (1).
    (14) Any vessel that is used to fish for halibut only in Area 4C 
and lands its total annual halibut catch at a port within Area 4C is 
exempt from the clearance requirements of paragraph (1).
    (15) Any vessel that is used to fish for halibut only in Areas 
4D and 4E and lands its total annual halibut catch at a port within 
Areas 4D, 4E, or the closed area defined in section 9, is exempt 
from the clearance requirements of paragraph (1).

15. Logs

    (1) The operator of any vessel that has an overall length of 26 
feet (7.9 meters) or greater shall keep an accurate log of all 
halibut fishing operations including the date, locality, amount of 
gear used, and total weight of halibut taken daily in each locality. 
The log can be recorded in the groundfish daily fishing logbooks 
provided by NMFS.
    (2) The log referred to in paragraph (1) shall be:
    (a) Maintained on board the vessel;
    (b) Updated not later than 24 hours after midnight local time 
for each day fished and prior to the offloading or sale of halibut 
taken during that fishing period;
    (c) Retained for a period of two years by the owner or operator 
of the vessel;
    (d) Open to inspection by an authorized officer or any 
authorized representative of the Commission upon demand; and
    (e) Kept on board the vessel when engaged in halibut fishing, 
during transits to port of landing, and for five (5) days following 
offloading halibut.
    (3) The poundage of any halibut that is not sold, but is 
utilized by the vessel operator,

[[Page 12764]]

his/her crew members, or any other person for personal use, shall be 
recorded in the vessel's log within 24-hours of offloading.
    (4) No person shall make a false entry in a log referred to in 
this section.

16. Receipt and Possession of Halibut

    (1) No person shall receive halibut from a United States vessel 
that does not have on board the license required by section 3.
    (2) No person shall offload halibut from a vessel unless the 
gills and entrails have been removed prior to offloading.
    (3) A commercial fish processor who purchases or receives 
halibut directly from the owner or operator of a vessel that was 
engaged in halibut fishing must weigh and record all halibut on 
board said vessel at the time offloading commences and record on 
State fish tickets or Federal catch reports the date, locality, name 
of vessel, Halibut Commission license number (United States), the 
name(s) of the person(s) from whom the halibut was purchased; and 
the scale weight obtained at the time of offloading of all halibut 
on board the vessel including the pounds purchased; pounds in excess 
of IFQs, IVQs, or fishing period limits; pounds retained for 
personal use; and pounds discarded as unfit for human consumption.
    (4) No person shall make a false entry on a State fish ticket or 
a Federal catch or landing report referred to in paragraph (3).
    (5) A copy of the fish tickets or catch reports referred to in 
paragraph (3) 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.
    (6) No person shall possess any halibut that he/she knows to 
have been taken in contravention of these Regulations.
    (7) When halibut are delivered to other than a commercial fish 
processor the records required by paragraph (3) shall be maintained 
by the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (5).
    (8) It shall be unlawful to enter a Halibut Commission license 
number on a State fish ticket for any vessel other than the vessel 
actually used in catching the halibut reported thereon.

17. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess 
at the same time on board a vessel halibut caught in more than one 
regulatory area.
    (2) Halibut caught in Regulatory Areas 2C, 3A, and 3B may be 
possessed on board a vessel at the same time providing the operator 
of the vessel:
    (a) Has a NMFS-certified observer on board when required by NMFS 
regulations published at Title 50 Code of Federal Regulations, 
section 679.7(f)(4); and
    (b) Can identify the regulatory area in which each halibut on 
board was caught by separating halibut from different areas in the 
hold, tagging halibut, or by other means.
    (3) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be 
possessed on board a vessel at the same time providing the operator 
of the vessel:
    (a) Has a NMFS-certified observer on board the vessel when 
halibut caught in different regulatory areas are on board; and
    (b) Can identify the regulatory area in which each halibut on 
board was caught by separating halibut from different areas in the 
hold, tagging halibut, or by other means.
    (4) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be 
possessed on board a vessel when in compliance with paragraph (3) 
and if halibut from Area 4 are on board the vessel, the vessel can 
have halibut caught in Regulatory Areas 2C, 3A, and 3B on board if 
in compliance with paragraph (2).

18. Fishing Gear

    (1) No person shall fish for halibut using any gear other than 
hook and line gear.
    (2) No person shall possess halibut taken with any gear other 
than hook and line gear.
    (3) No person shall possess halibut while on board a vessel 
carrying any trawl nets or fishing pots capable of catching halibut.
    (4) All setline or skate marker buoys carried on board or used 
by any United States vessel used for halibut fishing shall be marked 
with one of the following:
    (a) The vessel's name;
    (b) The vessel's state license number; or
    (c) The vessel's registration number.
    (5) The markings specified in paragraph (4) shall be in 
characters at least four inches in height and one-half inch in width 
in a contrasting color visible above the water and shall be 
maintained in legible condition.
    (6) All setline or skate marker buoys carried on board or used 
by a Canadian vessel used for halibut fishing shall be
    (a) Floating and visible on the surface of the water; and
    (b) Legibly marked with the identification plate number of the 
vessel engaged in commercial fishing from which that setline is 
being operated.
    (7) No person on board a vessel from which setline gear was used 
to fish for any species of fish anywhere in Area 2A during the 72-
hour period immediately before the opening of a halibut fishing 
period shall catch or possess halibut anywhere in those waters 
during that halibut fishing period.
    (8) No vessel from which setline gear was used to fish for any 
species of fish anywhere in Area 2A during the 72-hour period 
immediately before the opening of a halibut fishing period may be 
used to catch or possess halibut anywhere in those waters during 
that halibut fishing period.
    (9) No person on board a vessel from which setline gear was used 
to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 
4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before 
the opening of the halibut fishing season shall catch or possess 
halibut anywhere in those areas until the vessel has removed all of 
its setline gear from the water and has either:
    (a) Made a landing and completely offloaded its entire catch of 
other fish; or
    (b) Submitted to a hold inspection by an authorized officer.
    (10) No vessel from which setline gear was used to fish for any 
species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 
4E during the 72-hour period immediately before the opening of the 
halibut fishing season may be used to catch or possess halibut 
anywhere in those areas until the vessel has removed all of its 
setline gear from the water and has either:
    (a) Made a landing and completely offloaded its entire catch of 
other fish; or
    (b) Submitted to a hold inspection by an authorized officer.

19. Retention of Tagged Halibut

    (1) Nothing contained in these Regulations prohibits any vessel 
at any time from retaining and landing a halibut that bears a 
Commission tag at the time of capture, if the 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 halibut.
    (a) May be retained for personal use; or
    (b) May be sold if it complies with the provisions of section 
12, Size Limits.

20. Supervision of Unloading and Weighing

    The unloading and weighing of halibut may be subject to the 
supervision of authorized officers to assure the fulfillment of the 
provisions of these Regulations.

21. Fishing by United States Treaty Indian Tribes

    (1) Halibut fishing in subarea 2A-1 by members of United States 
treaty Indian tribes located in the State of Washington is governed 
by these regulations and 50 CFR 300.64.
    (2) Subarea 2A-1 includes all waters off the coast of Washington 
that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' 
W. long., and all inland marine waters of Washington.
    (3) Commercial fishing for halibut by treaty Indians is 
permitted only in subarea 2A-1 with hook-and-line gear from March 15 
through November 15, or until 230,000 pounds (104.3 mt) is taken, 
whichever occurs first.
    (4) Ceremonial and subsistence fishing for halibut by treaty 
Indians in subarea 2A-1 is permitted with hook-and-line gear from 
January 1 through December 31, and is estimated to take 15,000 
pounds (6.8 mt).

22. Sport Fishing for Halibut

    (1) No person shall engage in sport fishing for halibut using 
gear other than a single line with no more than two hooks attached; 
or a spear.
    (2) In all waters off Alaska.
    (a) The sport fishing season is from February 1 to December 31;
    (b) The daily bag limit is two halibut of any size per day per 
person.
    (3) In all waters off British Columbia.
    (a) The sport fishing season is from February 1 to December 31;
    (b) The daily bag limit is two halibut of any size per day per 
person.
    (4) In all waters off California, Oregon, and Washington.
    (a) The total allowable catch of halibut shall be limited to 
166,530 lb (75.5 mt) in waters off Washington and 144,235 lb (65.4 
mt) in waters off Oregon and California;

[[Page 12765]]

    (b) The sport fishing subareas, subquotas, fishing dates, and 
daily bag limits are as follows, except as modified under the 
inseason actions in Section 23. All sport fishing in Area 2A (except 
for fish caught in the North Washington coast area and landed into 
Neah Bay) is managed on a ``port of landing'' basis, whereby any 
halibut landed into a port counts toward the quota for the area in 
which that port is located, and the regulations governing the area 
of landing apply, regardless of the specific area of catch.
    (i) In Puget Sound and the U.S. waters in the Strait of Juan de 
Fuca, east of a line from the lighthouse on Bonilla Point on 
Vancouver Island, British Columbia (48 deg.35'44'' N. lat., 
124 deg.43'00'' W. long.) to the buoy adjacent to Duntze Rock 
(48 deg.24'55'' N. lat., 124 deg.44'50'' W. long.) to Tatoosh Island 
lighthouse (48 deg.23'30'' N. lat., 124 deg.44'00'' W. long.) to 
Cape Flattery (48 deg.22'55'' N. lat., 124 deg.43'42'' W. long.), 
there is no quota. This area is managed by setting a season that is 
projected to result in a catch of 46,628 lb (21.2 mt).
    (A) The fishing season is May 22 through August 10, 5 days a 
week (Thursday through Monday).
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (ii) In the area off the north Washington coast, west of the 
line described in paragraph (d)(2)(i) of this section and north of 
the Queets River (47 deg.31'42'' N. lat.), the quota for landings 
into ports in this area is 96,088 lb (43.6 mt). Landings into Neah 
Bay of halibut caught in this area will be governed by this 
paragraph.
    (A) The fishing seasons are:
    (1) Commencing May 1 and continuing 5 days a week (Tuesday 
through Saturday) until 81,088 lb (36.8 mt) are estimated to have 
been taken and the season is closed by the Commission, or until June 
30, whichever occurs first.
    (2) Commencing July 1 and continuing 5 days a week (Tuesday 
through Saturday) until the overall area quota of 96,088 lb (43.6 
mt) are estimated to have been taken and the area is closed by the 
Commission, or until September 30, whichever occurs first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A portion of this area about 19 nm (35 km) southwest of Cape 
Flattery is closed to sport fishing for halibut. The closed area is 
within a rectangle defined by these four corners: 48 deg.18'00'' N. 
lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat., 
124 deg.59'00'' W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W. 
long.; and, 48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.
    (iii) In the area between the Queets River, WA and Leadbetter 
Point, WA (46 deg.38'10'' N. lat.), the quota for landings into 
ports in this area is 20,483 lb (9.3 mt).
    (A) The fishing season commences on May 1 and continues every 
day until 19,483 lb (8.8 mt) are estimated to have been taken and 
the season is closed by the Commission. Immediately following this 
closure, the season reopens in the area from the Queets River south 
to 47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long. for 7 
days per week until 20,483 lb (9.3 mt) are estimated to have been 
taken and the area is closed by the Commission, or until September 
30, whichever occurs first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) The northern offshore portion of this area west of 
124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. is 
closed to sport fishing for halibut.
    (iv) In the area between Leadbetter Point, WA and Cape Falcon, 
OR (45 deg.46'00'' N. lat.), the quota for landings into ports in 
this area is 6,215 lb (2.8 mt).
    (A) The fishing season commences on May 1, and continues every 
day through September 30, or until 6,215 lb (2.8 mt) are estimated 
to have been taken and the area is closed by the Commission, 
whichever occurs first.
    (B) The daily bag limit is one halibut with a minimum overall 
size limit of 32 inches (81.3 cm).
    (v) In the area off Oregon between Cape Falcon and the Siuslaw 
River at the Florence north jetty (44 deg.01'08'' N. lat.), the 
quota for landings into ports in this area is 127,504 lb (57.8 mt).
    (A) The fishing seasons are:
    (1) The first season is open on May 8, 9, 10, 15, 16, 17, 23 and 
24. The projected catch for this season is 86,703 lb (39.3 mt). If 
sufficient unharvested catch remains for an additional days fishing, 
the season will reopen. Dependent on the amount of unharvested catch 
available, the season reopening dates will be June 7, then June 6, 
then June 14, and then June 13. If a decision is made inseason by 
NMFS to allow fishing on one or more of these additional dates, 
notice of the opening will be announced on the NMFS hotline (206) 
526-6667 or (800) 662-9825. No halibut fishing will be allowed on 
the additional dates unless the opening date has been announced on 
the NMFS hotline.
    (2) The second season commences May 25 and continues every day 
through July 31, in the area inside the 30-fathom (55 m) curve 
nearest to the coastline as plotted on National Ocean Service charts 
numbered 18520, 18580, and 18600, or until 8,925 lb (4.1 mt) or the 
subarea quota is estimated to have been taken (except that any 
poundage remaining unharvested after the earlier season will be 
added to this season) and the season is closed by the Commission, 
whichever is earlier; and
    (3) The third season is open on August 1, 2, and 9 or until the 
combined quotas for the subareas described in paragraphs (v) and 
(vi) of this section totaling 137,600 lb (62.4 mt) are estimated to 
have been taken and the area is closed by the Commission, whichever 
is earlier. If the harvest during these openings does not achieve 
the 137,600 lb (62.4 mt) quota, and sufficient unharvested quota 
remains for additional days fishing, the season will reopen. 
Dependent on the amount of unharvested catch available, the season 
reopening dates will be August 23, then August 22, then August 30, 
and then August 29. If a decision is made inseason by NMFS to allow 
fishing on one or more of these additional dates, notice of the 
opening will be announced on the NMFS hotline (206) 526-6667 or 
(800) 662-9825. No halibut fishing will be allowed on the additional 
dates unless the opening date has been announced on the NMFS 
hotline.
    (B) The daily bag limit is two halibut, one with a minimum 
overall size limit of 32 inches (81.3 cm) and the second with a 
minimum overall size limit of 50 inches (127.0 cm).
    (vi) In the area off Oregon between the Siuslaw River at the 
Florence north jetty and the California border (42 deg.0'00'' N. 
lat.), the quota for landings into ports in this area is 10,096 lb 
(4.6 mt).
    (A) The fishing seasons are:
    (1) The first season opens May 8 and continues 3 days a week 
(Thursday through Saturday) until 8,077 lb (3.7 mt) are estimated to 
have been taken and the season is closed by the Commission;
    (2) The second season opens the day following the closure of the 
season in paragraph (vi)(A)(1) of this section, and continuing every 
day through July 31, in the area inside the 30-fathom (55 m) curve 
nearest to the coastline as plotted on National Ocean Service charts 
numbered 18520, 18580, and 18600, or until a total of 2,019 lb (0.9 
mt) or the area quota is estimated to have been taken (except that 
any poundage remaining unharvested after the earlier season will be 
added to this season) and the season is closed by the Commission, 
whichever is earlier; and
    (3) The third season is open on August 1, 2, and 9 or until the 
combined quotas for the subareas described in paragraphs (v) and 
(vi) of this section totaling 137,600 lb (62.4 mt) are estimated to 
have been taken and the area is closed by the Commission, whichever 
is earlier. If the harvest during these openings does not achieve 
the 137,600 lb (62.4 mt) quota, and sufficient unharvested quota 
remains for additional days fishing, the season will reopen. 
Dependent on the amount of unharvested catch available, the season 
reopening dates will be August 23, then August 22, then August 30, 
and then August 29. If a decision is made inseason by NMFS to allow 
fishing on one or more of these additional dates, notice of the 
opening will be announced on the NMFS hotline (206) 526-6667 or 
(800) 662-9825. No halibut fishing will be allowed on the additional 
dates unless the opening date has been announced on the NMFS 
hotline.
    (B) The daily bag limit is two halibut, one with a minimum 
overall size limit of 32 inches (81.3 cm) and the second with a 
minimum overall size limit of 50 inches (127.0 cm).
    (vii) In the area off the California coast, there is no quota. 
This area is managed on a season that is projected to result in a 
catch of less than 3,750 lb (1.7 mt).
    (A) The fishing season will commence on May 1, and continue 
every day through September 30.
    (B) The daily bag limit is one halibut with a minimum overall 
size limit of 32 inches (81.3 cm).
    (C) The Commission shall determine and announce closing dates to 
the public for any area in which the subquotas in this Section are 
estimated to have been taken.
    (D) When the Commission has determined that a subquota under 
paragraph (4)(b) of this section is estimated to have been taken, 
and has announced a date on which the season will close, no person 
shall sport fish for

[[Page 12766]]

halibut in that area after that date for the rest of the year, 
unless a reopening of that area for sport halibut fishing is 
scheduled in accordance with the Catch Sharing Plan for Area 2A, or 
announced by the Commission.
    (5) Any minimum overall size limit promulgated under IPHC or 
NMFS 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.
    (6) No person shall fillet, mutilate, or otherwise disfigure a 
halibut in any manner that prevents the determination of minimum 
size or the number of fish caught, possessed, or landed.
    (7) The possession limit for halibut in the waters off the coast 
of Alaska is two daily bag limits.
    (8) The possession limit for halibut in the waters off the coast 
of British Columbia is three halibut.
    (9) The possession limit for halibut in the waters off 
Washington, Oregon, and California is the same as the daily bag 
limit.
    (10) The possession limit for halibut on land in Area 2A north 
of Cape Falcon, OR is two daily bag limits.
    (11) The possession limit for halibut on land in Area 2A south 
of Cape Falcon, OR is one daily bag limit.
    (12) Any 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 halibut.
    (13) No person shall be in possession of halibut on a vessel 
while fishing in a closed area.
    (14) No halibut caught by sport fishing shall be offered for 
sale, sold, traded, or bartered.
    (15) No halibut caught in sport fishing shall be possessed on 
board a vessel when other fish or shellfish aboard the said vessel 
are destined for commercial use, sale, trade, or barter.
    (16) The operator of a charter vessel shall be liable for any 
violations of these regulations committed by a passenger aboard said 
vessel.

23. Flexible Inseason Management Provisions in Area 2A

    (1) The Regional Director, NMFS Northwest Region, after 
consultation with the Chairman of the Pacific Fishery Management 
Council, the Commission Executive Director, and the Fisheries 
Director(s) of the affected state(s), is authorized to modify 
regulations during the season after determining that such action:
    (A) Is necessary to allow allocation objectives to be met; and
    (B) Will not result in exceeding the catch limit established 
preseason for each area.
    (2) Flexible inseason management provisions include, but are not 
limited to, the following:
    (A) Modification of sport fishing periods;
    (B) Modification of sport fishing bag limits;
    (C) Modification of sport fishing size limits; and
    (D) Modification of sport fishing days per calendar week.
    (3) Notice procedures.
    (A) Actions taken under this section will be published in the 
Federal Register.
    (B) Actual notice of inseason management actions will be 
provided by a telephone hotline administered by the Northwest 
Region, NMFS, at 206-526-6667 or 800-662-9825 (May through 
September) and by U.S. Coast Guard broadcasts. These broadcasts are 
announced on Channel 16 VHF-FM and 2182 kHz at frequent intervals. 
The announcements designate the channel or frequency over which the 
notice to mariners will be immediately broadcast. Since provisions 
of these regulations may be altered by inseason actions, sport 
fishers should monitor either the telephone hotline or U.S. Coast 
Guard broadcasts for current information for the area in which they 
are fishing.
    (4) Effective dates.
    (A) Any action issued under this section is effective on the 
date specified in the publication or at the time that the action is 
filed for public inspection with the Office of the Federal Register, 
whichever is later.
    (B) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal 
Register. If the Regional Director determines, for good cause, that 
an inseason action must be filed without affording a prior 
opportunity for public comment, public comments will be received for 
a period of 15 days after the action in the Federal Register.
    (C) Any inseason action issued under this section will remain in 
effect until the stated expiration date or until rescinded, 
modified, or superseded. However, no inseason action has any effect 
beyond the end of the calendar year in which it is issued.
    (5) Availability of data. The Regional Director will compile, in 
aggregate form, all data and other information relevant to the 
action being taken and will make them available for public review 
during normal office hours at the Northwest Regional Office, NMFS, 
Fisheries Management Division, 7600 Sand Point Way NE, Seattle, WA.

24. Fishery Election in Area 2A

    (1) A vessel that fishes in Area 2A may participate in only one 
of the following three fisheries in Area 2A:
    (a) The recreational fishery under Section 22;
    (b) The commercial directed fishery for halibut during the 
fishing period(s) established in Section 7; or
    (c) The incidental catch fishery during the salmon troll fishery 
as authorized in Section 7.
    (2) No person shall fish for halibut in the recreational fishery 
in Area 2A under Section 22 from a vessel that has been used during 
the same calendar year for commercial halibut fishing in Area 2A or 
that has been issued a permit for the same calendar year for the 
commercial halibut fishery in Area 2A.
    (3) No person shall fish for halibut in the directed halibut 
fishery in Area 2A during the fishing periods established in Section 
7 from a vessel that has been used during the same calendar year for 
the incidental catch fishery during the salmon troll fishery as 
authorized in Section 7.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery in Area 2A from a vessel that, during the same 
calendar year, has been used in the recreational halibut fishery in 
Area 2A or that is licensed for the recreational halibut fishery in 
Area 2A.
    (5) No person shall retain halibut in the salmon troll fishery 
in Area 2A as authorized under Section 7 taken on a vessel that, 
during the same calendar year, has been used in the recreational 
halibut fishery in Area 2A, or that is licensed for the recreational 
halibut fishery in Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery 
in Area 2A as authorized under Section 7 taken on a vessel that, 
during the same calendar year, has been used in the directed 
commercial fishery during the fishing periods established in Section 
7 for Area 2A or that is licensed to participate in the directed 
commercial fishery during the fishing periods established in Section 
7 in Area 2A.

25. Previous Regulations Superseded

    These regulations shall supersede all previous regulations of 
the Commission, and these regulations shall be effective each 
succeeding year until superseded.

Classification

IPHC Regulations

    Because approval by the Secretary of State of the IPHC regulations 
is a foreign affairs function, Jensen v. National Marine Fisheries 
Service, 512 F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553 of the 
Administrative Procedure Act (APA) does not apply to this notice of the 
effectiveness and content of the IPHC regulations. Because notice of 
proposed rulemaking is not required, the preparation of a regulatory 
flexibility analysis is not required. Because prior notice and an 
opportunity for public comment are not required to be provided for this 
rule by 5 U.S.C. Sec. 553, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. Sec. 601 et 
seq., are not applicable.

Plan for Area 2A

    The revisions to the Plan and implementing regulations are not 
significant and fall within the scope of the 1995 Environmental 
Assessment/Regulatory Impact Review prepared by the PFMC for the long 
term Plan. The Assistant General Counsel for Legislation and Regulation 
has certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this action will not have a significant economic 
impact on a substantial number of small entities. As a result, 
regulatory flexibility analysis was not prepared. This action has been 
determined to be not significant for purposes of E.O. 12866.

    Authority: 16 U.S.C. 773-773k.


[[Page 12767]]


    Dated: March 12, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-6755 Filed 3-13-97; 3:16 pm]
BILLING CODE 3510-22-P