[Federal Register Volume 64, Number 53 (Friday, March 19, 1999)]
[Rules and Regulations]
[Pages 13519-13528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6661]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 990312074-9074-01; I.D. 010899B]
RIN 0648-AM35


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule; annual management measures for Pacific halibut 
fisheries and approval of catch sharing plan.

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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

[[Page 13520]]

regulations for 1999. These actions are intended to enhance the 
conservation of the Pacific halibut stock and are necessary to further 
the goals and objectives of the Pacific Fishery Management Council 
(PFMC) and the North Pacific Fishery Management Council (NPFMC).

DATES: Effective March 15, 1999.

ADDRESSES: NMFS Alaska Region, 709 West 9th St., P.O. Box 21668, 
Juneau, AK 99802-1668; or NMFS Northwest Region, 7600 Sand Point Way 
NE, Seattle, WA 98115-0070 (http://www.nwr.noaa.gov).

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228, or Yvonne 
deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations 
governing the Pacific halibut fishery in 1999, 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 in 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 300.62, NMFS published the approved IPHC regulations setting 
forth the 1999 IPHC annual management measures 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 25-28, 1999, in Prince 
Rupert, British Columbia, and adopted regulations for 1999. The 
substantive changes to the previous IPHC regulations (63 FR 13000, 
March 17, 1998) include:
    1. New catch limits for all areas;
    2. Modifications to the vessel clearances for Area 4B. Non-local 
vessels fishing in Area 4B will continue to be required to obtain a 
clearance in person prior to fishing. Adak has been added as a location 
to obtain clearances for Area 4B; therefore, clearance prior to fishing 
in Area 4B can be obtained at either Nazan Bay on Atka Island or Adak. 
The clearance required at the completion of fishing in Area 4B must be 
obtained either in person or by VHF radio (no visual identification of 
the vessel is necessary);
    3. Modification of the careful release regulation for consistency 
with NMFS regulations. All halibut caught and not retained must now be 
released outboard of the roller by one of the careful release methods;
    4. Modification of the regulations on fishing in Area 4E to require 
the manager of an authorized community development quota (CDQ) 
organization that allows persons to harvest halibut in Area 4E CDQ 
fishery to report the total number and weight of undersized halibut to 
the IPHC. The report must include the methodology on how the data were 
collected and be received by IPHC prior to December 1, 1999; and
    5. Establishment of opening dates for the Area 2A commercial 
directed fishery for halibut.
    In addition, this action implements changes to the Catch Sharing 
Plan (Plan) for regulatory Area 2A. The PFMC developed the Plan under 
authority of the Halibut Act. Section 5 of the Halibut Act (16 U.S.C. 
773c) gives the Secretary of Commerce (Secretary) general 
responsibility to carry out the Convention between the United States 
and Canada and authorizes the Secretary to 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 long-term Plan 
recommended by the PFMC (60 FR 14651, March 20, 1995), which was 
revised in 1996 (61 FR 11337, March 20, 1996), 1997 (62 FR 12759, March 
18, 1997), and 1998 (63 FR 13000, March 17, 1998). 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 three 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 two 
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.53'18'' N. lat.), Oregon and 
California. The Plan also divides the sport fisheries into seven 
geographic areas each with separate allocations, seasons, and bag 
limits.
    No vessel with a commercial license (directed or incidental) for 
halibut may be used in any sport fishery for halibut. No vessel with a 
charter license for halibut or that has been used to fish for halibut 
in sport fisheries may be used to fish in a commercial fishery for 
halibut in the same calendar year. A vessel may be licensed either to 
fish in the directed commercial fishery for halibut, or to land halibut 
incidentally to the salmon troll fishery, but not both.
    For 1999, the PFMC recommended changes to the Plan to modify the 
Pacific halibut sport fisheries in Area 2A in 1999 and beyond, pursuant 
to recommendations from the Washington Department of Fish and Wildlife 
(WDFW) and the Oregon Department of Fish and Wildlife (ODFW). The 
purpose of the changes was to provide more sport season management 
flexibility, allowing greater access to halibut by anglers fishing from 
small boats, and increasing the likelihood that incidentally-caught 
halibut may be landed. The changes would also clarify commercial catch 
sharing language and would clarify halibut retention language for the 
portion of the Plan that addresses treaty Indian ceremonial and 
subsistence fisheries. For the Washington sport fisheries, the PFMC 
recommended modifying the boundaries of a sport fishing closed area 
within the Washington south coast subarea to better define the 
boundaries of a zone of halibut abundance. Further, the PFMC 
recommended restructuring the Washington south coast subarea sport 
fishery to allow landing from a small nearshore area on days that the 
offshore fishery is closed. For the Oregon sport fisheries, the PFMC 
recommended measures to allow the nearshore fishery south of Cape 
Falcon better access to its quota, measures to coordinate management of 
the Oregon sport fishery south of Humbug Mountain with management of 
the California sport fishery, and measures to set the bag limit for all 
sport fisheries south of Leadbetter Point, WA, at the first fish caught 
that is 32 inches (81.3 cm) or

[[Page 13521]]

greater in length. In addition to these recommendations for sport 
fisheries, the PFMC recommended clarifying current Plan language that 
describes the inseason division of the commercial quota between the 
directed fishery and incidental landings in the salmon troll fishery. 
NMFS, in consultation with treaty Indian tribes, has also recommended 
clarifying the current halibut retention language for treaty Indian 
ceremonial and subsistence fisheries. These clarifications to Plan 
language are housekeeping changes and do not change the intent of the 
Plan or the catch sharing divisions therein.
    A complete description of the PFMC recommended changes to the Plan, 
notice of a draft Environmental Assessment and Regulatory Impact Review 
(EA/RIR), and proposed sport fishery management measures were published 
in the Federal Register on February 11, 1999 (64 FR 6869) with a 
request for public comments. No public comments were received on the 
proposed changes to the Plan or on the EA/RIR. Therefore, NMFS has 
approved the changes to the Plan as proposed, made a finding of no 
significant impact, and finalized the EA/RIR. Copies of the complete 
Plan for Area 2A as modified and the final EA/RIR are available from 
the NMFS Northwest Regional Office (see ADDRESSES).
    In accordance with the Plan, the WDFW and ODFW held public 
workshops (after the IPHC set the Area 2A quota) on February 4 and 8, 
1999, respectively, to develop recommendations on the opening dates and 
weekly structure of the sport fisheries. The WDFW and ODFW sent letters 
to NMFS advising on the outcome of the workshops and provided the 
following comments and recommendations on the opening dates and season 
structure for the sport fisheries.
    Comment 1: WDFW recommended a May 27 through July 12 season, 5 days 
per week (closed Tuesday and Wednesday) for the Washington Inside 
Waters area sport fishery. The recommended number of fishing days is 
based on analysis of past harvest patterns in this fishery.
    Response: NMFS agrees with the calculated number of fishing days 
necessary to achieve, but not exceed, the subquota for this area. The 
recommended season has been incorporated in the 1999 sport fishery 
measures.
    Comment 2: WDFW recommended that the Washington North Coast area 
sport fishery be structured such that 15,000 lb (6,803.7 kg) of the 
subarea quota be reserved to provide for the second priority in the 
Plan--a July 1 season. The WDFW recommendation is for the sport fishery 
to open on May 1 and continue through June 30, or until 76,484 lb 
(34,691.7 kg) of the 91,484 lb (41,495.4 kg) quota are harvested. The 
fishery would reopen on July 1 and continue 5 days per week (closed 
Sunday and Monday) until the quota has been taken or through September 
30, whichever occurs first.
    Response: NMFS agrees and has incorporated these recommendations 
into the 1999 sport fishery measures.
    Comment 3: WDFW recommended that the seasonal structure set forth 
in the Plan, including the changes described in the proposed rule (64 
FR 6869, February 11, 1999) be implemented for the sport fisheries in 
the Washington South Coast and the Columbia River subareas.
    Response: NMFS has structured the seasons for these subareas in 
accordance with the Plan.
    Comment 4: ODFW recommended a 6-day season for the May opening in 
the Oregon Central Coast and South Coast subareas based on an analysis 
of past harvest rates that indicated an increasing annual trend in the 
sport fishery.
    Response: NMFS has implemented a 6-day fixed season in May for 
these two subareas. The Plan stipulates that the number of fixed season 
days established will be based on the projected catch per day with the 
intent of not exceeding the subarea season subquotas.
    Comment 5: ODFW and some members of the public in attendance at the 
ODFW workshop recommended that if unharvested quota remains after the 
May fixed opening days in the Oregon Central and South Coast subareas, 
additional opening dates would be scheduled first for June 12, and then 
for June 11, and, if more quota remains, for June 10. Some members of 
the public recommended setting additional opening dates at June 11, 
June 12, and June 10, respectively.
    Response: The Plan stipulates that ``if sufficient catch remains 
for an additional day of fishing after the May season or the August 
season, openings will be provided if possible in May and August 
respectively. Potential additional open dates for both the May and 
August seasons will be announced preseason.'' Further, the Plan 
stipulates that ``ODFW will monitor landings and provide a post-season 
estimate of catch within 2 weeks of the end of the fixed season.'' 
Since a 6-day May season would extend to late May (May 22), additional 
opening dates in May cannot be set that would provide the necessary 2-
week timeframe for ODFW to estimate the catch during the fixed season. 
Therefore, NMFS agrees with the recommendation to set potential 
additional open dates in June. NMFS further agrees with the ODFW 
recommendation for scheduling additional opening dates for June 12, 
June 11, and June 10, respectively.
    Comment 6: ODFW and the public in attendance at the ODFW workshop 
recommended a 1-day fixed season for the August fishery on August 6 
based on an analysis of past harvest rates. ODFW further recommended a 
mid-July review of the (1) May all-depth harvest, and (2) catch 
projections for the inside 30-fathom curve fisheries with the intent 
that a determination be made as to whether Friday, August 6 and/or 
Saturday, August 7 will be open for all-depth fishing.
    Response: The August fishery is scheduled for only 1 day of all-
depth fishing on August 6 to ensure the quota is not exceeded. Inseason 
action may be taken to allow for additional all-depth fishing in 
accordance with the Plan if sufficient quota remains. If there is 
sufficient unharvested quota for a second day of all-depth fishing in 
August, the fishery would be open on August 7.
    Comment 7: ODFW and some members of the public in attendance at the 
ODFW workshop recommended that, if unharvested quota remains after the 
August fixed opening day in the Oregon Central and South Coast 
subareas, additional opening dates would be scheduled for August 20 
and, if more quota remains, for August 21. Some members of the public 
recommended setting additional opening dates for August 21 and, if more 
quota remains, for August 20.
    Response: As stated above, the Plan states that potential 
additional open dates for both the May and August seasons will be 
announced preseason. NMFS agrees with the ODFW recommendation that, if 
there is sufficient unharvested quota for an additional day of all-
depth fishing in August, that fishing would be scheduled for August 21, 
and then for August 20. Accordingly, NMFS has implemented sport fishing 
management measures in Area 2A based on recommendations from the states 
in accordance with the Plan.
    The annual management measures that follow for the 1999 Pacific 
halibut fishery are identical to those recommended by the IPHC and 
approved by the Secretary of State, and include NMFS-approved domestic 
regulations that are necessary to implement the Plan in Area 2A.

[[Page 13522]]

1999 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), the United States Coast Guard 
(USCG), the Washington Department of Fish and Wildlife, and the 
Oregon State Police;
    (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 vessel with a valid Area 2A commercial license cannot be 
used to sport fish for Pacific halibut in Area 2A
    (4) A license issued for a vessel operating in the commercial 
fishery in Area 2A shall be valid only for either the directed 
commercial fishery during the fishing periods specified in paragraph 
(2) of section 8 or the incidental catch fishery during the salmon 
troll fishery specified in paragraph (3) of section 8, but not both.
    (5) A license issued in respect of a vessel referred to in 
paragraph (1) must be carried on board that vessel at all times and 
the vessel operator shall permit its inspection by any authorized 
officer.
    (6) The Commission shall issue a license in respect of a vessel, 
without fee from its office in Seattle, Washington, upon receipt of 
a completed, written, and signed ``Application for Vessel License 
for the Halibut Fishery'' form.
    (7) A vessel operating in the directed commercial fishery in 
Area 2A must have its ``Application for Vessel License for the 
Halibut Fishery'' form postmarked no later than 11:59 P.M. on April 
30, or on the first weekday in May if April 30 is a Saturday or 
Sunday.
    (8) A vessel operating in the incidental commercial fishery 
during the salmon troll season in Area 2A must have its 
``Application for Vessel License for the Halibut Fishery'' form 
postmarked no later than 11:59 P.M. on March 31, or the first 
weekday in April if March 31 is a Saturday or Sunday.
    (9) Application forms may be obtained from any authorized 
officer or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut 
Fishery'' form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only 
during the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or re-documented.
    (14) The license required under this section is in addition to 
any license, however designated, that is required under the laws of 
the United States or any of its States.
    (15) The United States may suspend, revoke, or modify any 
license issued under this section under policies and procedures in 
title 15, 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 inseason 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 21 apply to commercial fishing for halibut.
    (3) Section 7 applies to the Western Alaska Community 
Development Quota (CDQ) fishery in Area 4E.
    (4) Section 22 applies to the United States treaty Indian tribal 
fishery in Area 2A-1.
    (5) Section 23 applies to sport fishing for halibut.
    (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;
    (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

[[Page 13523]]

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 10 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 10 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 10, east of 
168 deg.00'00'' W. long., and south of 65 deg.34'00'' N. lat.

7. Fishing in Regulatory Area 4E

    (1) A person may retain halibut taken with setline gear in the 
Area 4E CDQ fishery that are smaller than the size limit specified 
in section 13, provided that no person may sell or barter such 
halibut.
    (2) The manager of a CDQ organization that authorizes persons to 
harvest halibut in the Area 4E CDQ fishery must report to the 
Commission the total number and weight of undersized halibut taken 
and retained by such persons pursuant to paragraph 7(1). This 
report, that shall include data and methodology used to collect the 
data, must be received by the Commission prior to December 1 of the 
year in which such halibut were harvested.
    (3) Section 7 shall be effective until December 31, 1999.

8. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the 
catch limits specified in section 11 have not been taken.
    (2) Each fishing period in the Area 2A directed fishery south of 
46 deg.53'18'' N. lat. shall begin at 0800 hours and terminate at 
1800 hours local time on July 7, July 21, August 18, September 1, 
September 15, and September 29, unless the Commission specifies 
otherwise.
    (3) Notwithstanding paragraph (2), and paragraph (7) of section 
11, 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.

9. Closed Periods

    (1) No person shall engage in fishing for halibut in any 
regulatory area other than during the fishing periods set out in 
section 8 in respect of that area.
    (2) No person shall land or otherwise retain halibut caught 
outside a fishing period applicable to the regulatory area where the 
halibut was taken.
    (3) Subject to paragraphs (7), (8), (9), and (10) of section 19, 
these Regulations do not prohibit fishing for any species of fish 
other than halibut during the closed periods.
    (4) Notwithstanding paragraph (3), no person shall have halibut 
in his/her possession while fishing for any other species of fish 
during the closed periods.
    (5) No vessel shall retrieve any halibut fishing gear during a 
closed period if the vessel has any halibut on board.
    (6) A vessel that has no halibut on board may retrieve any 
halibut fishing gear during the closed period after the operator 
notifies an authorized officer or representative of the Commission 
prior to that retrieval.
    (7) After retrieval of halibut gear in accordance with paragraph 
(6), the vessel shall submit to a hold inspection at the discretion 
of the authorized officer or representative of the Commission.
    (8) No person shall retain any halibut caught on gear retrieved 
under paragraph (6).
    (9) No person shall possess halibut aboard a vessel in a 
regulatory area during a closed period unless that vessel is in 
continuous transit to or within a port in which that halibut may be 
lawfully sold.

10. Closed Area

    All waters in the Bering Sea north of 55 deg.00'00'' 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. 
All waters in Isanotski Strait between 55 deg.00'00'' N. lat. and 
54 deg.49'00'' N. lat. are closed to commercial halibut fishing.

11. Catch Limits

    (1) The total allowable catch of halibut to be taken during the 
halibut fishing periods specified in section 8 shall be limited to 
the weight expressed in pounds or metric tons shown in the following 
table:

------------------------------------------------------------------------
                                                    Catch limits
             Regulatory area              ------------------------------
                                                Pounds       Metric tons
------------------------------------------------------------------------
2A.......................................        156,598.00        71.00
2B.......................................     12,100,000.00     5,487.50
2C.......................................     10,490,000.00     4,757.40
3A.......................................     24,670,000.00    11,188.20
3B.......................................     13,370,000.00     6,063.50
4A.......................................      4,240,000.00     1,922.90
4B.......................................      3,980,000.00     1,805.00
4C.......................................      2,030,000.00       920.60
4D.......................................      2,030,000.00       920.60
4E.......................................        390,000.00       176.90
------------------------------------------------------------------------

    (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 8 and an incidental 
halibut catch fishery during the salmon troll fishery in Area 2A 
described in paragraph 3 of Section 8. Inseason 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 133,108 
lb (60.4 mt).
    (b) The catch limit in the incidental catch fishery during the 
salmon troll fishery is 23,490 lb (10.7 mt).
    (3) The Commission shall determine and announce to the public 
the specific dates during which the directed fishery will be allowed 
in Area 2A and the date on which the catch limit for Area 2A will be 
taken.
    (4) Notwithstanding paragraph (1), Area 2B will close only when 
all Individual Vessel Quotas 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 each 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 8, 
the catch limit for that area shall be considered to have been taken 
unless fishing period limits are implemented.
    (7) When under paragraphs (2), (3) or (6) the Commission has 
announced a date on which the catch limit for Area 2A will be taken, 
no person shall fish for halibut in that area after that date for 
the rest of the year, unless the Commission has announced the 
reopening of that area for halibut fishing.

12. Fishing Period Limits

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

[[Page 13524]]

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

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

    (7) Fishing period limits in Area 2A apply only to the directed 
halibut fishery referred to in paragraph (2) of section 8.

13. Size Limits

    (1) No person shall take or possess any halibut that:
    (a) with the head on, is less than 32 inches (81.3 cm) as 
measured in a straight line, passing over the pectoral fin from the 
tip of the lower jaw with the mouth closed, to the extreme end of 
the middle of the tail; 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.
    (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.

14. Careful Release of Halibut

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

15. Vessel Clearance in Area 4

    (1) The operator of any vessel that fishes for halibut in Areas 
4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in 
any of these areas, and before the 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 
or Adak, 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 or Adak, by contacting an authorized 
officer of the United States, a representative of the Commission, or 
a designated fish processor by VHF radio or in person.
    (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 18 for possessing halibut on board a vessel that was caught 
in more than one regulatory area in Area 4 is exempt from the 
clearance requirements of paragraph (1) of this section, 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, Adak, or Nazan Bay on Atka Island by contacting an 
authorized officer of the United States, a representative of the 
Commission, or a designated fish processor. The clearance obtained 
in St. Paul, St. George, Adak, or Nazan Bay on Atka Island can be 
obtained by VHF radio and allowing the person contacted to confirm 
visually the identity of the vessel. This clearance will list the 
Areas in which the vessel will fish; and
    (b) before unloading any halibut from Area 4, the vessel 
operator must obtain a vessel clearance from Dutch Harbor, Akutan, 
St. Paul, St. George, Adak, or Nazan Bay on Atka Island by 
contacting an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor. 
The clearance obtained in St. Paul or St. George can be obtained by 
VHF radio and allowing the person contacted to confirm visually the 
identity of the vessel. The clearance obtained in Adak or Nazan Bay 
on Atka Island can be obtained by VHF radio.
    (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 10, is exempt 
from the clearance requirements of paragraph (1).

16. Logs

    (1) The operator of any U.S. 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 information must be recorded in the groundfish/Individual 
Fishing Quota (IFQ) daily fishing logbooks provided by NMFS, or 
Alaska hook-and-line logbook provided by Petersburg Vessels Owner 
Association, or Alaska Longline Fishermen's Association, or the 
logbook provided by IPHC.
    (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 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

[[Page 13525]]

    (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 log referred to in paragraph (1) does not apply to the 
incidental halibut fishery in Area 2A defined in paragraph (3) of 
section 8.
    (4) The operator of any Canadian vessel 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 information must be recorded in the British 
Columbia Halibut Fishery logbook provide by DFO.
    (5) The log referred to in paragraph (4) shall be:
    (a) maintained on board the vessel;
    (b) updated not later than 24 hours after midnight local time 
for each day fished and prior to the offloading or sale of halibut 
taken during that fishing trip;
    (c) retained for a period of two years by the owner or operator 
of the vessel;
    (d) open to inspection by an authorized officer or any 
authorized representative of the Commission upon demand;
    (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; and
    (f) mailed to the Department of Fisheries and Oceans (yellow 
copy) and IPHC (white copy) within seven days of offloading.
    (6) The poundage of any halibut that is not sold, but is 
utilized by the vessel operator, his/her crew members, or any other 
person for personal use, shall be recorded in the vessel's log 
within 24-hours of offloading.
    (7) No person shall make a false entry in a log referred to in 
this section.

17. 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 or buyer in the United States 
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 (for Area 2A), 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 or fishing period limits; pounds 
retained for personal use; and pounds discarded as unfit for human 
consumption.
    (4) The master or operator of a Canadian vessel that was engaged 
in halibut fishing must weigh and record all halibut on board said 
vessel at the time offloading commences and record on Provincial 
fish tickets or Federal catch reports the date, locality, name of 
vessel, the name(s) of the person(s) from whom the halibut was 
purchased; and the scale weight obtained at the time of offloading 
of all halibut on board the vessel including the pounds purchased; 
pounds in excess of IVQs; pounds retained for personal use; and 
pounds discarded as unfit for human consumption.
    (5) No person shall make a false entry on a State fish ticket or 
a Federal catch or landing report referred to in paragraph (3) and 
(4).
    (6) A copy of the fish tickets or catch reports referred to in 
paragraph (3) and (4) 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.
    (7) No person shall possess any halibut that he/she knows to 
have been taken in contravention of these Regulations.
    (8) 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 (6).
    (9) 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.

18. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess 
at the same time on board a vessel halibut caught in more than one 
regulatory area.
    (2) Halibut caught in 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).

19. 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.
    (11) Notwithstanding any other provision in these regulations, a 
person may retain and possess, but not sell or barter halibut taken 
with trawl gear only as authorized by NMFS' Prohibited Species 
Donation regulations.

20. 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

[[Page 13526]]

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 
13, Size Limits.

21. 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.

22. 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 shall be 
regulated under regulations promulgated by the National Marine 
Fisheries Service and published in the Federal Register.
    (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 in subarea 2A-1 is permitted 
with hook and line gear from March 15 through November 15, or until 
256,000 lb (116.1 metric tons) is taken, whichever occurs first.
    (4) Ceremonial and subsistence fishing for halibut in subarea 
2A-1 is permitted with hook and line gear from January 1 through 
December 31, and is estimated to take 10,000 lb (4.5 metric tons).

23. 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 
180,804 pounds (82.0 metric tons) in waters off Washington and 
156,598 pounds (71.0 metric tons) in waters off California and 
Oregon;
    (b) The sport fishing subareas, subquotas, fishing dates, and 
daily bag limits are as follows, except as modified under the 
inseason actions in Section 24. 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 52,623 lb (23.9 mt).
    (A) The fishing season is May 27 through July 12, 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 91,484 lb (41.5 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 76,484 lb (34.7 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 91,484 lb (41.5 
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 32,081 lb (14.6 mt).
    (A) The fishing season commences on May 2 and continues 5 days a 
week (Sunday through Thursday) in all waters, and commences on May 2 
and continues 7 days a week in the area from Queets River south to 
47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long., until 
31,081 lb (14.1 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. and 
continues every day until 32,081 lb (14.6 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 is closed to sport fishing for 
halibut. The closed area is within a rectangle defined by these four 
corners: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.; 
47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N. 
lat., 124 deg.53'00'' W. long.; and, 47 deg.16'00'' N. lat., 
124 deg.48'00'' W. long.
    (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 7,747 lb (3.5 mt).
    (A) The fishing season commences on May 1, and continues every 
day through September 30, or until 7,747 lb (3.5 mt) are estimated 
to have been taken and the area is closed by the Commission, 
whichever occurs first.
    (B) The daily bag limit is the first halibut taken, per person, 
of 32 inches (81.3 cm) or greater in length.
    (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 137,853 lb (62.5 mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through September 30, 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 9,650 lb (4.4 mt) or any 
inseason revised subquota is estimated to have been taken and the 
season is closed by the Commission, whichever is earlier.
    (2) The second season is open on May 13, 14, 15, 20, 21, and 22. 
The projected catch for this season is 93,740 lb (42.5 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 12, then June 11, 
and then June 10. 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 is announced on the NMFS hotline.
    (3) The third season is open on August 6 or until the combined 
quotas for the all-depth fisheries in the subareas described in 
paragraphs (v) and (vi) of this section totaling 136,935 lb (62.1 
mt) are estimated to have been taken and the area is closed by the 
Commission, whichever is earlier. An inseason announcement will be 
made in mid-July as to whether the fishery will be open on August 6 
and/or 7. If the harvest during this opening does not achieve the 
136,935 lb (62.1 mt) quota, the season will reopen. Dependent on the 
amount of unharvested catch available, the season reopening dates 
will be August 21, and then August 20. If a decision is made 
inseason to allow fishing on one or more of these dates, notice of 
the reopening date will be announced on the NMFS hotline (206) 526-
6667 or (800) 662-9825.
    (B) The daily bag limit is the first halibut taken, per person, 
of 32 inches (81.3 cm) or greater in length.
    (vi) In the area off Oregon between the Siuslaw River at the 
Florence north jetty and Humbug Mountain, Oregon (42 deg.40'30'' N. 
lat.), the quota for landings into ports in this area is 10,915 lb 
(5.0 mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through September 30, in the area inside the 30-fathom (55 m) curve 
nearest to the coastline as plotted on National Ocean Service charts 
numbered 18520,

[[Page 13527]]

18580, and 18600, or until 2,183 lb (1.0 mt) or any inseason revised 
subquota is estimated to have been taken and the season is closed by 
the Commission, whichever is earlier.
    (2) The second season is open on May 13, 14, 15, 20, 21, and 22. 
The projected catch for this season is 8,732 lb (4.0 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 12, then June 11, 
and then June 10. 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 is announced on the NMFS hotline.
    (3) The third season is open on August 6 or until the combined 
quotas for the all-depth fisheries in the subareas described in 
paragraphs (v) and (vi) of this section totaling 136,935 lb (62.1 
mt) are estimated to have been taken and the area is closed by the 
Commission, whichever is earlier. An inseason announcement will be 
made in mid-July as to whether the fishery will be open on August 6 
and/or 7. If the harvest during this opening does not achieve the 
136,935 lb (62.1 mt) quota, the season will reopen. Dependent on the 
amount of unharvested catch available, the season reopening dates 
will be August 21, and then August 20. If a decision is made 
inseason to allow fishing on one or more of these dates, notice of 
the reopening date will be announced on the NMFS hotline (206) 526-
6667 or (800) 662-9825.
    (B) The daily bag limit is the first halibut taken, per person, 
of 32 inches (81.3 cm) or greater in length.
    (vii) In the area south of Humbug Mountain, Oregon 
(42 deg.40'30'' N. lat.) and 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 4,698 lb (2.1 mt).
    (A) The fishing season will commence on May 1 and continue every 
day through September 30.
    (B) The daily bag limit is the first halibut taken, per person, 
of 32 inches (81.3 cm) or greater in length.
    (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 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.

24. Flexible inseason management provisions in Area 2A

    (1) The Regional Administrator, 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 making the following 
determinations.
    (A) The action is necessary to allow allocation objectives to be 
met.
    (B) The action will not result in exceeding the catch limit for 
the area.
    (C) If any of the sport fishery subareas north of Cape Falcon, 
OR are not projected to utilize their respective quotas by September 
30, NMFS may take inseason action to transfer any projected unused 
quota to a Washington sport subarea projected to have the fewest 
number of sport fishing days in the calendar year.
    (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 Administrator 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 of 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 Administrator 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, Sustainable Fisheries Division, 7600 Sand Point Way NE, 
Seattle, WA.

25. 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 sport fishery under Section 23;
    (b) The commercial directed fishery for halibut during the 
fishing period(s) established in Section 8; or
    (c) The incidental catch fishery during the salmon troll fishery 
as authorized in Section 8.
    (2) No person shall fish for halibut in the sport fishery in 
Area 2A under Section 23 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 
8 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 8.
    (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 sport halibut fishery in Area 2A 
or that is licensed for the sport halibut fishery in Area 2A.

[[Page 13528]]

    (5) No person shall retain halibut in the salmon troll fishery 
in Area 2A as authorized under Section 8 taken on a vessel that, 
during the same calendar year, has been used in the sport halibut 
fishery in Area 2A, or that is licensed for the sport halibut 
fishery in Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery 
in Area 2A as authorized under Section 8 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 
8 for Area 2A or that is licensed to participate in the directed 
commercial fishery during the fishing periods established in Section 
8 in Area 2A.

26. 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, the notice-and-comment and delay-in-
effective date requirements of the Administrative Procedure Act (APA), 
5 U.S.C. 553, do not apply to this notice of the effectiveness and 
content of the IPHC regulations, Jensen v. National Marine Fisheries 
Service, 512 F.2d 1189 (9th Cir. 1975). 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.

Catch Sharing Plan for Area 2A

    An EA/RIR was prepared on the proposed changes to the Plan. NMFS 
has determined that the proposed changes to the Plan and the 
implementing management measures contained in and implemented by the 
IPHC regulations will not significantly affect the quality of the human 
environment, and the preparation of an environmental impact statement 
on the final action is not required by section 102(2)(C) of the 
National Environmental Policy Act or its implementing regulations.
    At the proposed rule stage, the Assistant General Counsel for 
Legislation and Regulation, Department of Commerce, certified to the 
Chief Counsel for Advocacy of the Small Business Administration that 
this action would not have a significant economic impact on a 
substantial number of small entities. No comments were received on this 
certification. Consequently, no regulatory flexibility analysis has 
been prepared.
    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Because changes to the Catch Sharing Plan are clarifications of 
commercial catch sharing language and non-substantive adjustments to 
measures for the sport fishery to provide additional flexibility to 
anglers fishing for halibut, and are expected by the affected fisheries 
for the beginning of the 1999 season, the delay-in-effective-date 
requirement of the APA, 5 U.S.C. 553(d), is waived for good cause, as 
being unnecessary.

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

    Dated: March 15, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-6661 Filed 3-15-99; 4:45 pm]
BILLING CODE 3510-22-P