[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