[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Rules and Regulations]
[Pages 14909-14919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6837]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 991220343-0071-02; I.D. 120999D]
RIN 0648-AM52


Pacific Halibut Fisheries; Catch Sharing Plans

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 plans.

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SUMMARY: The Assistant Administrator for Fisheries, NOAA (AA), on 
behalf of the International Pacific Halibut Commission (IPHC), 
publishes the 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 (Plan) for Area 2A and implementing regulations 
for 2000. These actions are intended to enhance the conservation of the 
Pacific halibut stock and further the goals and objectives of the 
Pacific Fishery Management Council (PFMC) and the North Pacific Fishery 
Management Council (NPFMC).

DATES: Effective March 15, 2000.

ADDRESSES: NMFS Alaska Region, 709 West 9th Street., 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, 907-586-4345 or Yvonne 
deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations 
governing the Pacific halibut fishery in 2000, 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 300.62, the approved IPHC regulations setting forth the 2000 
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 10-13, 2000, in 
Lynnwood, WA, and adopted regulations for 2000. The substantive changes 
to the previous IPHC regulations (64 FR 13519, March 19, 1999) include:
    1. New catch limits for all areas;
    2. A requirement that the operator of a vessel that offloads 
halibut must completely offload all halibut from the vessel once the 
offloading commences;
    3. Establishment of opening dates for the Area 2A commercial 
directed halibut fishery.
    In addition, this action implements the Plan for regulatory Area 
2A. This Plan was developed by the PFMC 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 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 to allocate halibut catches should such allocation 
be necessary.

Catch Sharing Plan for Area 2A

    The PFMC prepared annual Plans from 1988 to 1994 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). In each of the 
intervening years between 1995 and the present, minor revisions to the 
Plan have been made to adjust for the changing needs of the fisheries. 
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-treaty fisheries in Area 2A, with the treaty fisheries 
divided into commercial fisheries, and ceremonial and subsistence 
fisheries. The allocation to non-treaty 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.

[[Page 14910]]

    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 the directed commercial fishery for halibut, or to land halibut 
incidentally to the salmon troll fishery, but not both.
    For 2000, PFMC recommended changes to the Plan to modify the 
Pacific halibut fisheries in Area 2A in 2000 and beyond pursuant to 
recommendations from the Washington Department of Fish and Wildlife 
(WDFW) and the Oregon Department of Fish and Wildlife (ODFW), and 
pursuant to a Stipulation and Order resulting from a sub-proceeding of 
U.S. v. Washington.. The purpose of these changes is to align the 
structure of the CSP more closely with the character of the Washington 
and Oregon sport fisheries, and to bring the Plan into compliance with 
a court order for the allocation between treaty and non-treaty 
fisheries. For the Washington sport fisheries, PFMC recommended 
altering the boundary between the Puget Sound and North Coast subareas, 
the two northernmost sport fishing subareas in Area 2A. This change 
would move the boundary eastward from the Bonilla-Tatoosh line to the 
mouth of the Sekiu River. To account for a shift in the size of the two 
subareas, PFMC also recommended changing the Plan to increase the 
portion of the Washington sport quota allocated to the North Coast 
subarea from 57.7 percent of the first 130,845 lb (59.4 mt) allocated 
to the Washington sport fishery to 62.2 percent. The portion of the 
Washington sport quota allocated to the Puget Sound subarea will 
correspondingly decrease from 28 percent of the first 130,845 lb (59.4 
mt) allocated to the Washington sport fishery to 23.5 percent. For the 
Washington sport fisheries, PFMC also recommended increasing the 
flexibility of the process by which the closed ``hot spot'' zone in the 
Washington South Coast subarea could be opened inseason. For the Oregon 
sport fisheries, PFMC has recommended combining the subquotas for the 
inside 30-fathom fisheries for Northern and Southern Central Coast 
subareas. This change will simplify management of the inside 30-fathom 
fisheries to ensure that the seasons are of the same duration north and 
south of the Siuslaw River.
    In addition to the above changes proposed by the States of 
Washington and Oregon, PFMC recommended accommodating in the Plan a 
court-ordered change in the allocation of halibut between treaty and 
non-treaty fisheries. In July 1999, the tribes, states, and Federal 
government agreed to settle the tribes' claim for an equitable 
adjustment to the current halibut allocation arising from allocations 
during the years 1989 through 1993, in which tribal treaty rights to 
halibut had not been met. The parties agreed in a stipulation, and 
their agreement has been entered as a court order, that 25,000 lb (11.3 
mt) (dressed weight) of halibut would be transferred from the non-
treaty halibut allocation to the treaty halibut allocation in each year 
from 2000 through 2007.
    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 January 4, 2000 (65 FR 272), 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 ODFW and the WDFW held public 
workshops (after the IPHC set the Area 2A quota) on January 31 and 
February 3, 2000, 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 25 to July 27 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 2000 sport fishery 
measures.
    Comment 2: WDFW recommended that the Washington North Coast area 
sport fishery be structured such that 7,000 lb (3.2 mt) 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 2 and continue 5 days per week (closed Sunday and Monday) to 
June 30, or until 92,744 lb (42 mt) of the 99,774 lb (45.2 mt) quota 
are harvested. The fishery would reopen on July 1 and on July 4, and 
continue 5 days per week until the quota has been taken.
    Response: NMFS agrees and has incorporated these recommendations 
into the 2000 sport fishery measures.
    Comment 3: WDFW recommended that the seasonal structure set forth 
in the Plan and described in the proposed rule (65 FR 272, January 4, 
2000) be implemented for the sport fisheries in the Washington South 
Coast and the Columbia River subareas. WDFW further requested a review 
in the first week of May to determine whether the South Coast subarea 
``hot spot'' should remain closed during the sport fishing season.
    Response: NMFS has structured the seasons for these subareas in 
accordance with the Plan, and will schedule a South Coast area ``hot 
spot'' discussion with WDFW and interested stakeholders at the 
beginning of the season.
    Comment 4: ODFW recommended a 5-day season of May 11, 12, 13, 18, 
and 19 for the May opening in the Oregon Central Coast and South Coast 
subareas based on an analysis of past harvest rates, which indicated an 
increasing annual trend in the sport fishery.
    Response: NMFS has implemented ODFW's recommendation for the 5-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 the public in attendance at the ODFW workshop 
recommended that if sufficient unharvested quota remains for an 
additional day of fishing after the May fixed opening days in the 
Oregon Central and South Coast subareas, an additional opening date 
would be scheduled for Friday, June 9; if sufficient quota remains for 
three, four, five, or six additional days, then June 8, June 16, June 
16-17, and June 15 would also be opened, in that order.
    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

[[Page 14911]]

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 5-day 
May season would extend to late May (May 19), 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.
    Comment 6: ODFW recommended a mid-July review of the May all-depth 
harvest and the catch projections for the inside 30-fathom curve 
fisheries, to determine whether sufficient halibut remains for an 
August fishery. If sufficient halibut quota remains, ODFW recommends 
Friday, August 4 or Friday and Saturday, August 4 and 5 for the August 
fishery. If a post-fishery assessment indicates that enough halibut 
remains in the quota for a third fishing day in August, the additional 
day would occur on August 18.
    Response: If the mid-July review indicates that there is sufficient 
halibut for an August fishery, the fishery will be open on Friday, 
August 4, in accordance with the Plan. If there is enough quota 
available for 2 days of fishing, the second day of the fishery will be 
August 5. NMFS concurs with the ODFW recommendation to reserve August 
18 as a third possible August fishing day, if sufficient quota remains 
from the August 4 and/or 5 fishery.
    NMFS has implemented sport fishing management measures in Area 2A 
based on recommendations from the states in accordance with the CSP.

Annual Halibut Management Measures

    The annual management measures that follow for the 2000 Pacific 
halibut fishery are identical to those recommended by the IPHC and 
approved by the Secretary of State, and include the domestic 
regulations approved by NMFS that are necessary to implement the CSP in 
Area 2A.

2000 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

[[Page 14912]]

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.
    John--This language differs slightly from IPHC language. I don't 
know what AKR prefers. (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 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 CD 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 section 7, paragraph (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, 2000.

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 5, July 19, August 2, August 23, September 6, 
and September 20, 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.

[[Page 14913]]

    (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., 164'55'42'' W. long.) to a point at 
56 deg. 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........................                               163,096.00                                    74.00
    2B........................                            10,600,000.00                                 4,807.30
    2C........................                             8,400,000.00                                 3,809.50
    3A........................                            18,310,000.00                                 8,303.90
    3B........................                            15,030,000.00                                 6,816.30
    4A........................                             4,970,000.00                                 2,254.00
    4B........................                             4,910,000.00                                 2,226.80
    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 138,632 lb 
(62.9 mt).
    (b) The catch limit in the incidental catch fishery during the 
salmon troll fishery is 24,464 lb (11.1 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 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.

[[Page 14914]]

    (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

[[Page 14915]]

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 daily fishing logbook 
provided by NMFS, or Alaska hook-and-line logbook provided by 
Petersburg Vessels Owner Association or Alaska Longline Fishermen's 
Association, or the logbook provide 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
    (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 provided 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 (white copy) 
and IPHC (yellow copy) within seven days of offloading.
    (6) The poundage of any halibut that is not sold, but is used 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, IVQs, or fishing period limits; pounds retained for personal use; 
and pounds discarded as unfit for human consumption. It shall be the 
responsibility of the owner or operator of the vessel making the 
offload to offload all halibut from the vessel once offloading 
commences.
    (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, 
Sec. 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

[[Page 14916]]

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 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 
305,000 pounds (138.3 mt) 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 10,500 pounds (4.8 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 
188,307 pounds (85.4 mt) in waters off Washington and 163,097 pounds 
(74.0 mt) 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 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 extending from 48 deg.17'30'' N. lat., 
124 deg.23'70'' W. long.) north to the 48 deg.24'10'' N. lat., 
124 deg.23'10'' W. long., there is no quota. This area is managed by 
setting a season that is projected to result in a catch of 49,137 lb 
(22.3 mt).
    (A) The fishing season is May 25 through July 27, 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 99,774 lb (45.3 mt).
    (A) The fishing seasons are:
    (1) Commencing May 2 and continuing 5 days a week (Tuesday through 
Saturday) until 92,774 lb (42.1 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 99,774 lb (45.3 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.

[[Page 14917]]

    (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 34,482 lb (15.6 mt).
    (A) The fishing season commences on May 1 and continues 5 days a 
week (Sunday through Thursday) in all waters, and commences on May 1 
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 
33,482 lb (15.2 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 34,482 lb (15.6 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 8,177 lb (3.7 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 8,177 lb (3.7 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 143,574 lb (65.1 mt).
    (A) The fishing seasons are:
    (1) The first season is limited to 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. It commences May 1 and 
continues every day through September 30, or until the combined 
subquotas of the north central and south central inside 30-fathom 
fisheries (12,324 lb (5.6 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 11, 12, 13, 18, and 19. The 
projected catch for this season is 97,630 lb (44.3 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 9; if sufficient quota remains 
for two days, then June 10 would also be open; if sufficient quota 
remains for three, four, five, or six additional days, then June 8, 
June 16-17, then June June 15 would also be opened, in that order. 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 any of the additional dates in June unless the opening 
date is announced on the NMFS hotline.
    (3) The third season is open on August 4 or until the combined 
quotas for the all-depth fisheries in the subareas described in 
paragraphs (v) and (vi) of this section totaling 142,618 lb (64.7 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 4 and/or 
5. If the harvest during this opening does not achieve the 142,618 lb 
(64.7 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the season reopening date will be August 
18. If a decision is made inseason to allow fishing on August 5 or 
August 18, 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 11,368 lb (5.2 
mt).
    (A) The fishing seasons are:
    (1) The first season is limited to 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. It commences May 1 and 
continues every day through September 30, or until the combined 
subquotas of the north central and south central inside 30-fathom 
fisheries (12,324 lb (5.6 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 11, 12, 13, 18, and 19. The 
projected catch for this season is 9,094 lb (4.1 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 9; if sufficient quota remains 
for three, four, five, or six additional days, then June 8, then June 
16-17, then June 15 would also be opened, in that order. 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 any of the additional dates in June unless the opening date 
is announced on the NMFS hotline.
    (3) The third season is open on August 4 or until the combined 
quotas for the all-depth fisheries in the subareas described in 
paragraphs (v) and (vi) of this section totaling 142,618 lb (64.7 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 4 and/or 
5. If the harvest during this opening does not achieve the 142,618 lb 
(64.7 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the season reopening date will be August 
18. If a decision is made inseason to allow fishing on August 5 or 
August 18, 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 
4,893 lb (2.2 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

[[Page 14918]]

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 Commission 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, except that any partial or complete inseason 
opening of the Washington South Coast sport fishery closed area may be 
made effective upon announcement on the NMFS hotline.
    (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 charter halibut fishery in Area 2A.
    (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 charter 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

[[Page 14919]]

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, 5 
U.S.C. 553, do not apply to this notice of the effectiveness and 
content of the IPHC regulations, Jensen v. NMFS, 512 F.2d 1189 (9th 
Cir. 1975). Because prior notice and an opportunity for public comment 
are not required to be provided for this rule by 5 U.S.C. 553, or by 
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 Environmental Assessment/Regulatory Impact Review was prepared 
on the proposed changes to the CSP. NMFS has determined that the 
proposed changes to the CSP and the management measures implementing 
the CSP contained in these 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 Chief Counsel 
for Regulation, Department of Commerce, 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. 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.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

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

    Dated: March 15, 2000.
Andrew A. Rosenberg,
Deputy Asst. Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-6837 Filed 3-15-00; 2:31 pm]
BILLING CODE 3510-22-F