[Federal Register Volume 66, Number 55 (Wednesday, March 21, 2001)]
[Rules and Regulations]
[Pages 15801-15812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6889]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 010119023-1062-02; I.D. 121900A]
RIN 0648-AO80


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 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 (CSP) for Area 2A and implementing

[[Page 15802]]

regulations for 2001. 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, 2001.

ADDRESSES: NMFS Alaska Region, 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: Nina Mollett, 907-586-7462 or Yvonne 
deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations 
governing the Pacific halibut fishery in 2001, 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 2001 
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 in Vancouver, B.C., on January 22-
25, 2001, and adopted regulations for 2001. The substantive changes to 
the previous IPHC regulations (65 FR 14909, March 20,2000) include the 
following.
    1. New catch limits for all areas.
    2. Establishment of opening dates for the Area 2A commercial 
directed halibut fishery.
    3. Licensing change - The Area 2A licensing regulations remained 
the same as in 2000, with the exception that vessels fishing in the 
incidental halibut fishery concurrent with the sablefish fishery north 
of Point Chehalis are also required to get a commercial license from 
the IPHC.
    4. Logbooks - In the United States, vessels with an overall length 
over 25 ft (7.6 meters (m)) fishing for halibut are required to keep 
halibut fishing information in a logbook. A regulatory change for 2001 
provides for using an Alaska Department of Fish & Game (ADF&G) 
Longline-Port fishery logbook as a fourth option to the logbook options 
previously allowed, which include: (1) NMFS' catcher vessel daily 
fishing logbook, (2) Alaska hook-and-line sablefish logbook, and (3) 
the logbook issued by IPHC.
    Other logbook regulation changes include an IPHC requirement that 
the logbook be kept on the vessel until the offload is completed, 
instead of 5 days after the offload as previously required. The 
regulations will also require more specific data in the logbook.
    5. Halibut weight records - The regulations have been changed to 
clarify that total halibut weight be recorded on both State and Federal 
catch records, not one or the other, in the United States.
    6. Nazan Bay - The IPHC approved Nazan Bay on Atka Island as an 
additional port where Area 4A clearance prior to fishing can be 
obtained.
    7. Clearance forms - A new requirement in 2001 will be that the 
clearance forms must be signed.
    In addition, this action implements the CRP for regulatory Area 2A. 
This CRP 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 
United States 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's Area 2A CSP allocates the halibut catch limit for Area 
2A among treaty Indian, non-Indian commercial, and non-Indian sport 
fisheries in and off the States of Washington, Oregon, and California. 
Under the CSP, 35 percent of the Area 2A total allowable catch (TAC) is 
allocated to Washington treaty Indian tribes in Subarea 2A-1, and 65 
percent is allocated to non-treaty fisheries in Area 2A. Treaty 
fisheries are 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 non-treaty commercial allocation is further divided 
between a directed longline fishery (85 percent) and an incidental 
catch allowance in the salmon troll fishery (15 percent). The directed 
commercial fishery in Area 2A is confined to southern Washington (south 
of 46 deg.53'18" N. lat.), Oregon and California. For the first time, 
in 2001 the overall Area 2A TAC is high enough to allow an incidental 
catch of halibut north of 46 deg.53'18" N. lat. in the regular, fixed-
gear sablefish fishery. This fishery will not begin until early August; 
the PFMC will make recommendations at its April and June meetings on 
managing the incidental catch of halibut in the directed sablefish 
fishery. The CSP also divides the sport fisheries into seven geographic 
areas each with separate allocations, seasons, and bag limits.
    For 2001, PFMC recommended changes to the CSP to modify the Pacific 
halibut commercial and sport fisheries in Area 2A in 2001 and beyond, 
pursuant to recommendations from the Washington Department of Fish and 
Wildlife (WDFW) and the Oregon Department of Fish and Wildlife (ODFW). 
The purpose of these changes is to improve non-treaty commercial 
fisheries management by providing a clear separation of quota and 
seasons for the directed commercial fishery and the incidental halibut 
landings in the salmon troll fishery. Modifications to sport fishery 
management off the southern coast of the State of Washington should 
increase management flexibility for regulators and fishery 
participants.
    A complete description of the PFMC-recommended changes to the CSP, 
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 March 6, 2001 (66 FR 13480) with a request 
for public comments by March 9, 2001. No public comments were received. 
Therefore, NMFS has approved the changes to the CSP as proposed, made a 
finding of no significant impact, and finalized the EA/RIR. Copies of 
the complete CSP for Area 2A as modified and the final EA/RIR are 
available from the NMFS Northwest Regional Office (see ADDRESSES).
    In accordance with the CSP, the WDFW and the ODFW held public 
workshops (after the IPHC set the Area 2A quota) on February 2 and 13, 
2001,

[[Page 15803]]

to develop recommendations on the opening dates and weekly structure of 
the sport fisheries. The WDFW and ODFW sent letters to NMFS discussing 
the outcome of the workshops and provided the following recommendations 
on the opening dates and season structure for the sport fisheries.
    WDFW recommended a May 17 to July 22 season, 5 days per week 
(closed Tuesday and Wednesday) for the Puget Sound subarea sport 
fishery. The recommended number of fishing days is based on an analysis 
of past harvest patterns in this fishery and meets the requirements of 
the CSP for this subarea. For the Washington North Coast subarea, WDFW 
has recommended a season opening May 1 and continuing until the May-
June sub-quota is taken, 5 days per week (closed Sunday and Monday), 
and a second season for July 1-4, with a possibility of re-opening this 
subarea if sufficient quota remains after July 4. For the Washington 
South Coast subarea, WDFW has recommended a season opening May 1 and 
continuing until the quota is taken, 5 days per week (closed Friday and 
Saturday) in the offshore area and 7 days per week in the nearshore 
area. WDFW recommendations for both the North Coast and South Coast 
Washington subareas meet the requirements of the CSP.
    Both WDFW and ODFW have recommended opening the Columbia River 
subarea on May 1 and continuing the season until the quota has been 
reached, 7 days per week. This recommended season meets the 
requirements of the CSP.
    ODFW recommended starting the nearshore fishery in the Oregon 
Central Coast and South Coast subareas, on May 1 and continuing the 
season until the sub-quota for that fishery is taken, 7 days per week. 
For the all-depth fisheries in those subareas, ODFW recommended a 4-day 
season of May 11, 12, 18, and 19, based on an analysis of past harvest 
rates, which indicated a increasing annual trend in this sport fishery. 
ODFW further recommended a 2-day August all-depth season from August 3 
to 4. If the May season does not take the entire May sub-quota for 
these subareas, ODFW recommended additional opening dates on June 8 
and/or June 9. If the August season does not take the entire August 
sub-quota for these subareas, ODFW recommended additional opening dates 
on August 17 and/or 18, and September 21 and/or 22. These 
recommendations meet the requirements of the CSP for these subareas.
    For the southernmost subarea, south of Humbug Mountain, OR, ODFW 
recommended opening this subarea on May 1 and continuing the season 
until the quota has been reached, 7 days per week. This recommended 
season meets the requirements of the CSP.
    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 for the 2001 Pacific halibut fishery 
that follow are identical to those recommended by the IPHC and approved 
by the Secretary of State.

2001  Pacific Halibut Fishery Regulations

Regulations Respecting the Convention Between Canada and the United 
States of America for the Preservation of the Halibut Fishery of 
the Northern Pacific Ocean and Bering Sea

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), United States Coast Guard (USCG), 
Washington Department of Fish and Wildlife, and the Oregon State 
Police;
    (b) Authorized clearance personnel means an authorized officer of 
the United States, a representative of the Commission, or a designated 
fish processor;
    (c) Charter vessel means a vessel used for hire in sport fishing 
for halibut, but not including a vessel without a hired operator;
    (d) Commercial fishing means fishing, the resulting catch of which 
is sold or bartered; or is intended to be sold or bartered;
    (e) Commission means the International Pacific Halibut Commission;
    (f) Daily bag limitmeans the maximum number of halibut a person may 
take in any calendar day from Convention waters;
    (g) Fishing means the taking, harvesting, or catching of fish, or 
any activity that can reasonably be expected to result in the taking, 
harvesting, or catching of fish, including specifically the deployment 
of any amount or component part of setline gear anywhere in the 
maritime area;
    (h) Fishing period limit means the maximum amount of halibut that 
may be retained and landed by a vessel during one fishing period;
    (i) Land, with respect to halibut, means the offloading of halibut 
from the catching vessel;
    (j) License means a halibut fishing license issued by the 
Commission pursuant to section 3;
    (k) 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;
    (l) Operator, with respect to any vessel, means the owner and/or 
the master or other individual on board and in charge of that vessel;
    (m) 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);
    (n) Person includes an individual, corporation, firm, or 
association;
    (o) Regulatory area means an area referred to in section 6;
    (p)Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached;
    (q) Sport fishing means all fishing other than commercial fishing 
and treaty Indian ceremonial and subsistence fishing;
    (r) 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.

[[Page 15804]]

    (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 one of the following, but 
not both:
    (a) The directed commercial fishery during the fishing periods 
specified in paragraph (2) of section 8 and the incidental catch 
fishery during the sablefish fishery specified in paragraph (3) of 
section 8; or
    (b) The incidental catch fishery during the salmon troll fishery 
specified in paragraph (4) of section 8.
    (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 or the 
incidental commercial fishery during the sablefish fishery in Area 2A 
must have its ``Application for Vessel License for the Halibut 
Fishery'' form postmarked no later than 11:59 P.M. on April 30, or on 
the first weekday in May if April 30 is a Saturday or Sunday.
    (8) A vessel operating in the incidental commercial fishery during 
the salmon troll season in Area 2A must have its ``Application for 
Vessel License for the Halibut Fishery'' form postmarked no later than 
11:59 P.M. on March 31, or the first weekday in April if March 31 is a 
Saturday or Sunday.
    (9) Application forms may be obtained from any authorized officer 
or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only during 
the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or redocumented.
    (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. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations 
during the season after determining that such action:
    (a)Will not result in exceeding the 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) In-season actions may include, but are not limited to, 
establishment or modification of the following:
    (a) Closed areas;
    (b) Fishing periods;
    (c) Fishing period limits;
    (d) Gear restrictions;
    (e) Recreational bag limits;
    (f) Size limits; or
    (g) Vessel clearances.
    (3) In-season changes will be effective at the time and date 
specified by the Commission.
    (4) The Commission will announce in-season actions under this 
section by providing notice to major halibut processors; Federal, 
State, United States treaty Indian, Provincial fishery officials, and 
the media.

5. Application

    (1) These Regulations apply to persons and vessels fishing for 
halibut in, or possessing halibut taken from, waters off the west coast 
of Canada and the United States, including the southern as well as the 
western coasts of Alaska, within the respective maritime areas in which 
each of those countries exercises exclusive fisheries jurisdiction as 
of March 29, 1979.
    (2) Sections 6 to 21 apply to commercial fishing for halibut.
    (3) Section 7 applies to the 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 i n the Bering Sea and the Gulf of 
Alaska west of Area 4A and south of 56 deg.20'00" N. lat.;
    (8) Area 4C includes all waters in the Bering Sea north of Area 4A 
and north of the closed area defined in section 10 which are east of 
171 deg.00'00" W. long., south of 58 deg.00'00" N. lat., and west of 
168 deg.00'00" W. long.;
    (9) Area 4D includes all waters in the Bering Sea north of Areas 4A 
and 4B, north and west of Area 4C, and west of 168 deg.00'00" W. long.;
    (10) Area 4E includes all waters in the Bering Sea north and east 
of the closed area defined in section 10, east of 168 deg.00'00" W. 
long., and south of 65 deg.34'00" N. lat.

7. Fishing in Regulatory Area 4E

    (1) A person may retain halibut taken with setline gear in the Area 
4E CDQ fishery that are smaller than the size limit specified in 
section 13, provided that no person may sell or barter such halibut.
    (2) The manager of a CDQ organization that authorizes persons to 
harvest halibut in the Area 4E CDQ fishery must report to the 
Commission the total number and weight of undersized halibut taken and 
retained

[[Page 15805]]

by such persons pursuant to section 7, paragraph (1). This report, 
which 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, 2001.

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\1\ shall 
begin at 0800 hours and terminate at 1800 hours local time on June 27, 
July 11, July 25, August 8, August 22, and September 5, unless the 
Commission specifies otherwise.
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    \1\ The directed fishery is restricted to waters that are south 
of Point Chehalis, WA (46 deg.53'18" N. lat.) under regulations 
promulgated by NMFS and published in the Federal Register
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    (3) Notwithstanding paragraph (7) of section 11, an incidental 
catch fishery\2\ is authorized during the sablefish seasons in Area 2A 
in accordance with regulations promulgated by the National Marine 
Fisheries Service (NMFS).
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    \2\ The incidental fishery during the directed, fixed gear 
sablefish season is restricted to waters that are north of Point 
Chehalis, WA (46 deg.53'18" N. lat.) under regulations promulgated 
by NMFS and published in the Federal Register.
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    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, 
an incidental catch fishery is authorized during salmon troll seasons 
in Area 2A in accordance with regulations promulgated by NMFS.
    (5) 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.
    (6) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A, 3B, 
4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on November 
15.

 9. Closed Periods

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

10. Closed Area

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

11. Catch Limits

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

                              CATCH LIMITS
------------------------------------------------------------------------
             Regulatory Area                  Pounds        Metric tons
------------------------------------------------------------------------
  2A: Directed commercial and incidental         226,972           102.9
   commercial during salmon troll
   fishery..............................
  2A: Incidental commercial during                47,946            21.7
   sablefish fishery....................
  2B....................................      10,510,000         4,766.4
  2C....................................       8,780,000         3,981.9
  3A....................................      21,890,000         9,927.4
  3B....................................      16,530,000         7,496.6
  4A....................................       4,970,000         2,254.0
  4B....................................       4,910,000         2,226.8
  4C....................................       2,030,000           920.6
  4D....................................       2,030,000           920.6
  4E....................................         390,000           176.9
------------------------------------------------------------------------

    (2) Notwithstanding paragraph (1), regulations pertaining to the 
division of the Area 2A catch limit between the directed commercial 
fishery and the incidental catch fishery as described in paragraph (4) 
of section 8 will be promulgated by NMFS and published in the Federal 
Register.
    (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 (IVQ) assigned by Canada's Department of 
Fisheries

[[Page 15806]]

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 
(IFQ) and all CDQ issued by NMFS 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), and (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.
    (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:

------------------------------------------------------------------------
                                                                Vessel
                       Overall Length                           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, as illustrated in Figure 2; or
     (b) With the head removed, is less than 24 inches (61.0 cm) as 
measured from the base of the pectoral fin at its most anterior point 
to the extreme end of the middle of the tail, as illustrated in Figure 
2.
    (2) No person shall possess on board a vessel a halibut filleted or 
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) Fillets from halibut that have been offloaded in accordance 
with section 17 may be possessed on board a vessel in the port of 
landing up to 1800 hours local time on the calendar day following the 
offload.

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 (10), (13), 
(14), (15), or (16).
    (2) An operator obtaining a vessel clearance required by paragraph 
(1) must obtain the clearance in person from the authorized clearance 
personnel and sign the Commission form documenting that a clearance was 
obtained, except that when the clearance is obtained via very high 
frequency (VHF) radio referred to in paragraphs 5, 8, and 9, the 
authorized clearance personnel must sign the Commission form 
documenting that the clearance was obtained.
    (3) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4A may be obtained only at Nazan Bay on Atka Island, 
Dutch Harbor or Akutan, AK, 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 4B may only be obtained at Nazan Bay on Atka Island or 
Adak, AK, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor.
    (5) 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, AK, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor by VHF 
radio and allowing the person contacted to confirm visually the 
identity of the vessel.
    (6) The vessel operator shall specify the specific regulatory area 
in which fishing will take place.
    (7) Before unloading any halibut caught in Area 4A, a vessel 
operator may obtain the clearance required under paragraph (1) only in 
Dutch Harbor or Akutan, AK, by contacting an authorized officer of the 
United States, a representative of the Commission, or a designated fish 
processor.
    (8) 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, AK, 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.
    (9) 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

[[Page 15807]]

Akutan, AK, 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, AK, 
can be obtained by VHF radio and allowing the person contacted to 
confirm visually the identity of the vessel.
    (10) Any vessel operator who complies with the requirements in 
section 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, AK, 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, AK, 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, AK, 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, AK, can be 
obtained by VHF radio.
    (11) Vessel clearances shall be obtained between 0600 and 1800 
hours, local time.
    (12) No halibut shall be on board the vessel at the time of the 
clearances required prior to fishing in Area 4.
    (13) 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).
    (14) 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).
    (15) 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).
    (16) Any vessel that is used to fish for halibut only in Areas 4D 
and 4E and lands its total annual halibut catch at a port within Areas 
4D, 4E, or the closed area defined in section 10, is exempt from the 
clearance requirements of paragraph (1).

16. Logs

    (1) The operator of any United States vessel fishing for halibut 
that has an overall length of 26 ft (7.9 m) or greater shall maintain 
an accurate log of halibut fishing operations in the Groundfish/IFQ 
Daily Fishing Longline and Port Gear Logbook provided by NMFS, or 
Alaska hook-and-line logbook provided by Petersburg Vessel Owners 
Association or Alaska Longline Fisherman's Association, or the Alaska 
Department of Fish and Game (ADF&G) longline-pot logbook, or the 
logbook provided by the Commission.
    (2) The logbook referred to in paragraph (1) must include the 
following information:
    (a) The name of the vessel and the state vessel number (ADF&G) or 
Washington Department of Fish and Wildlife or Oregon Department of Fish 
and Wildlife or California Department of Fish vessel number);
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude or loran coordinates or a direction 
and distance from a point of land for each set or daily;
    (d) The number of skates deployed or retrieved, and number of 
skates lost; and
    (e) The total weight or number of halibut retained for each set or 
day.
    (3) The logbook referred to in paragraph (1) shall be
    (a) Maintained on board the vessel;
    (b) Updated not later than 24 hours after 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 2 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 until the offlanding of all 
halibut is completed.
    (4) The log referred to in paragraph (1) does not apply to the 
incidental halibut fishery in Area 2A defined in paragraph (4) of 
section 8.
    (5) The operator of any Canadian vessel fishing for halibut shall 
maintain an accurate log recorded in the British Columbia Halibut 
Fishery logbook provided by the Department of Fisheries and Oceans 
(DFO).
    (6) The logbook referred to in paragraph (5) must include the 
following information:
    (a) The name of the vessel and the DFO's vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude or loran coordinates or a direction 
and distance from a point of land for each set or daily;
    (d) The number of skates deployed or retrieved, and number of 
skates lost; and
    (e) The total weight or number of halibut retained for each set or 
day.
    (7) The logbook referred to in paragraph (5) 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 2 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 until the offloading of all 
halibut is completed;
    (f) Mailed to the DFO (white copy) within 7 days of offloading; and
    (g) Mailed to the Commission (yellow copy) within seven days of the 
final offload if not collected by a Commission employee.
    (6) The poundage of any halibut that is not sold, but is utilized 
by the vessel operator, his/her crew members, or any other person for 
personal use, shall be recorded in the vessel's log within 24 hours of 
offloading.
    (7) No person shall make a false entry in a log referred to in this 
section.

17. Receipt and Possession of Halibut

    (1) No person shall receive halibut from a United States vessel 
that does not have on board the license required by section 3.
    (2) No person shall offload halibut from a vessel unless the gills 
and entrails have been removed prior to offloading.
    (3) It shall be the responsibility of a vessel operator who lands 
halibut to continuously and completely offload at a single offload site 
all halibut on board the vessel.
    (4) A registered buyer (as that term is defined in regulations 
promulgated by NMFS and codified at Title 50, Code of Federal 
Regulations, part 679) who receives halibut harvested in IFQ and CDQ 
fisheries in Areas 2C, 3A, 3B, 4A,

[[Page 15808]]

4B, 4C, 4D, and 4E, directly from the vessel operator who harvested 
such halibut must weigh all the halibut received and record the 
following information on Federal catch reports: date of offload; name 
of vessel; vessel number; scale weight obtained at the time of 
offloading, including the weight (in pounds) of halibut purchased by 
the registered buyer, the weight (in pounds) of halibut offloaded in 
excess of the IFQ or CDQ, the weight of halibut (in pounds) retained 
for personal use or for future sale, and the weight (in pounds) of 
halibut discarded as unfit for human consumption.
    (5) The first recipient, commercial fish processor, or buyer in the 
United States who purchases or receives halibut directly from the 
vessel operator who harvested such halibut must weigh and record all 
halibut received and record the following information on state fish 
tickets: the date of offload, vessel number, total weight obtained at 
the time of offload including the weight (in pounds) of halibut 
purchased, the weight (in pounds) of halibut offloaded in excess of the 
IFQ, CDQ, or fishing period limits, the weight of halibut (in pounds) 
retained for personal use or for future sale, and the weight (in 
pounds) of halibut discarded as unfit for human consumption.
    (6) 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.
    (7) No person shall make a false entry on a State or Provincial 
fish ticket or a Federal catch or landing report referred to in 
paragraphs (4), (5), and (6) of section 17.
    (8) A copy of the fish tickets or catch reports referred to in 
paragraphs (4), (5), and (6) 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.
    (9) No person shall possess any halibut that he/she knows to have 
been taken in contravention of these Regulations.
    (10) When halibut are delivered to other than a commercial fish 
processor, the records required by paragraph (5) shall be maintained by 
the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (8).
    (11) It shall be unlawful to enter a 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\3\ published at Title 50, Code of Federal Regulations, 
Sec.  679.7(f)(4); and
---------------------------------------------------------------------------

    \3\ Without an observer, a vessel cannot have on board more 
halibut than the IFQ for the area that is being fished even if some 
of the catch occurred earlier in a different area.
---------------------------------------------------------------------------

    (b) Can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the hold, 
tagging halibut, or by other means.
    (3) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be 
possessed on board a vessel at the same time providing the operator of 
the vessel:
    (a) Has a NMFS-certified observer on board the vessel when halibut 
caught in different regulatory areas are on board; and
    (b) Can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the hold, 
tagging halibut, or by other means.
    (4) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be 
possessed on board a vessel when in compliance with paragraph (3) and 
if halibut from Area 4 are on board the vessel, the vessel can have 
halibut caught in Regulatory Areas 2C, 3A, and 3B on board if in 
compliance with paragraph (2).

19. Fishing Gear

    (1) No person shall fish for halibut using any gear other than hook 
and line gear.
    (2) No person shall possess halibut taken with any gear other than 
hook and line gear.
    (3) No person shall possess halibut while on board a vessel 
carrying any trawl nets or fishing pots capable of catching halibut.
    (4) All setline or skate marker buoys carried on board or used by 
any United States vessel used for halibut fishing shall be marked with 
one of the following:
    (a) The vessel's name;
    (b) The vessel's state license number; or
    (c) The vessel's registration number.
    (5) The markings specified in paragraph (4) shall be in characters 
at least 4 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

[[Page 15809]]

    (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 Prohibited Species Donation 
regulations of NMFS.

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 NMFS 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 
406,500 lb (184.4 metric tons (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 17,500 lb (7.9 mt).

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 the States of California, Oregon, and 
Washington:
    (a) The total allowable catch of halibut shall be limited to 
214,110 lb (97.1 mt) in waters off Washington and 226,972 lb (102.9 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 (except for fish 
caught in the North Washington coast area and landed into Neah Bay) is 
managed on a ``port of landing'' basis, whereby any halibut landed into 
a port counts toward the quota for the area in which that port is 
located, and the regulations governing the area of landing apply, 
regardless of the specific area of catch.
    (i) In Puget Sound and United States 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 48 deg.24'70" 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 57,393 lb (26 mt).
    (A) The fishing season is May 17 through July 22, 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 108,030 lb (49 mt). Landings into Neah Bay of 
halibut caught in this area will be governed by this paragraph.
    (A) The fishing seasons are:
    (1) Commencing May 1 and continuing 5 days a week (Tuesday through 
Saturday) until 88,030 lb (39.9 mt) are estimated to have been taken 
and the season is closed by the Commission, or until June 30, whichever 
occurs first.
    (2) From July 1 through July 4, and continuing thereafter for 5 
days a week (Tuesday through Saturday) until the overall area quota of 
108,030 lb (49 mt) are estimated to have been taken and the area is 
closed by the Commission, or until September 30, whichever occurs 
first.
    (B) The daily bag limit is one halibut of any size per day per 
person.
    (C) A portion of this area about 19 nm (35 km) southwest of Cape 
Flattery is closed to sport fishing for halibut. The closed area is 
within a rectangle defined by these four corners: 48 deg.18'00" N. 
lat., 125 deg.11'00" W. long.; 48 deg.18'00" N. lat., 124 deg.59'00" W. 
long.; 48 deg.04'00" N. lat., 125 deg.11'00" W. long.; and, 
48 deg.04'00" N. lat., 124 deg.59'00" W. long.
    (iii) In the area between the Queets River, WA and Leadbetter 
Point, WA (46 deg.38'10" N. lat.), the quota for landings into ports in 
this area is 42,739 lb (19.4 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 42,739 
lb (19.4 mt) are estimated to have been taken and the season 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.
    (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 10,487 lb (4.8 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 10,487 lb (4.8 mt) are estimated to have 
been taken and the area is closed by the Commission, whichever occurs 
first.
    (B) The daily bag limit is 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 199,803 lb (90.6 mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through September 30, in the area inside the 30-fathom (55 m) curve 
nearest to the coastline as plotted on National Ocean Service charts 
numbered, 18580, and 18600, or until the combined subquotas of the 
north central and south central

[[Page 15810]]

inside 30-fathom fisheries (17,150 lb (7.8 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, 18, and 19. The 
projected catch for this season is 135,866 lb (61.6 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 8 and/or 9. If a decision is 
made inseason by NMFS to allow fishing on either of these additional 
dates, notice of the opening will be announced on NMFS' hotline (206) 
526-6667 or (800) 662-9825. No halibut fishing will be allowed on the 
additional dates unless the opening date is announced on NMFS' hotline.
    (3) The third season is open on August 3 and/or 4 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 198,473 lb (90 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 3 and/or 
4. If the harvest during this opening does not achieve the 198,473 lb 
(90 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the season reopening date will be August 
17 and/or 18, or September 21 and/or 22. If a decision is made inseason 
to allow fishing on one or more of these dates, notice of the reopening 
date will be announced on 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 the State of Oregon between the Siuslaw River 
at the Florence north jetty and Humbug Mountain, OR (42 deg.40'30" N. 
lat.), the quota for landings into ports in this area is 15,820 (7.2 
mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through September 30, in the area inside the 30-fathom (55 m) curve 
nearest to the coastline as plotted on National Ocean Service charts 
numbered 18520, 18580, and 18600, or until the combined subquotas of 
the north central and south central inside 30-fathom fisheries (17,150 
lb (7.8 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, 18, and 19. The 
projected catch for this season is 12,656 lb (5.7 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 8 and/or 9. If a decision is 
made inseason by NMFS to allow fishing on one or more of these 
additional dates, notice of the opening will be announced on the NMFS 
hotline (206) 526-6667 or (800) 662-9825. No halibut fishing will be 
allowed on the additional dates unless the opening date is announced on 
NMFS' hotline.
    (3) The third season is open on August 3 and/or 4 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 198,473 lb (90 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 3 and/or 
4. If the harvest during this opening does not achieve the 198,473 lb 
(90 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the season reopening date will be August 
17 and/or 18, or September 21 and/or 22. If a decision is made inseason 
to allow fishing on one or more of these dates, the reopening date will 
be announced on 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, OR 
(42 deg.40'30 N. lat.) and off the State of California 
coast, there is no quota. This area is managed on a season that is 
projected to result in a catch of less than 6,809 lb (3.1 mt).
    (A) The fishing season will commence on May 1 and continue every 
day through September 30.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (C) The Commission shall determine and announce closing dates to 
the public for any area in which the subquotas in this Section are 
estimated to have been taken.
    (D) When the Commission has determined that a subquota under 
paragraph (4)(b) of this section is estimated to have been taken, and 
has announced a date on which the season will close, no person shall 
sport fish for halibut in that area after that date for the rest of the 
year, unless a reopening of that area for sport halibut fishing is 
scheduled in accordance with the CSP 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 the States 
of 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, Northwest Region, NMFS, after 
consultation with the Chairman of the PFMC, 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

[[Page 15811]]

take inseason action to transfer any projected unused quota to a State 
of 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 United 
States 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 United States 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 onthe date 
specified in the publication or at the time that the action is filed 
for public inspection at the Office of the Federal Register, whichever 
is later.
    (b) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed at 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 until a period of 15 days 
after of the action is published 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 and/or the incidental retention of 
halibut during the regular sablefish fishery described at 50 CFR 
660.323(a)(2); 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 during the fishing periods established in Section 8 and/or 
retain halibut incidentally taken in the regular sablefish fishery in 
Area 2A 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 and/or retain halibut incidentally taken in the regular 
sablefish 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 commercial 
fishery during the fishing periods established in Section 8 and/or 
retain halibut incidentally taken in the regular sablefish fishery for 
Area 2A or that is licensed to participate in these commercial 
fisheries 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. National Marine Fisheries 
Service, 512 F.2d 1189 (9th Cir. 1975). Because prior notice and an 
opportunity for public comment are not required to be provided for 
these portions of this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.
    This action pertains to a foreign affairs function of the United 
States; therefore, it is exempt from review under Executive Order 
(E.O.) 12286.

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 the economic implications of the 
changes to the CSP. Consequently, no regulatory flexibility analysis 
has been prepared. The Assistant Administrator for Fisheries, NOAA, 
finds that it is contrary to the public interest to delay the effective 
date of this rule for 30-days. This rule must be made effective for the 
opening of the 2001 Pacific halibut fishing season on March 15, 2001.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

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


[[Page 15812]]


    Dated: March 15, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service
[FR Doc. 01-6889 Filed 3-15-01; 3:46 pm]
BILLING CODE 3510-22-S