[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12885-12897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6567]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 020131023-2056-02; I.D. 030702B]
RIN 0648-AP80


Pacific Halibut Fisheries; Catch Sharing Plans

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

ACTION: Temporary 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

[[Page 12886]]

Pacific halibut fishery. The AA also announces the approval of 
modifications to the Catch Sharing Plan (CSP) for Area 2A and 
implementing regulations for 2002. These actions are intended to 
enhance the conservation of Pacific halibut and further the goals and 
objectives of the Pacific Fishery Management Council (PFMC) and the 
North Pacific Fishery Management Council (NPFMC).

DATES: Effective March 18, 2002, through the Federal Register 
publication of the 2003 specification management measures.

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

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

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2002, 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 2002 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 for harvesting Pacific halibut.
    The IPHC held its annual meeting in Seattle, WA, on January 22-25, 
2002, and adopted regulations for 2002. The substantive changes to the 
previous IPHC regulations (66 FR 15801, March 21, 2001) include:
    1. New catch limits for all areas;
    2. Opening dates for the Area 2A commercial directed halibut 
fishery;
    3. Specification of which commercial fishing regulations apply to 
the commercial treaty Indian fishery in Area 2A-1;
    4. Revision of the definition of illegal possession of halibut such 
that a person is not required to know that they are in contravention of 
the IPHC regulations to be in illegal possession of halibut;
    5. Allowance of fishing vessels carrying crab pots and operating 
off Alaska to have halibut heads, skins, bones and entrails on board 
provided they have documentation of legally acquiring the halibut body 
parts;
    6. Recognition of the customary and traditional use of halibut 
(i.e. subsistence halibut) in Alaska; and
    7. Removal of the expiration date of regulations allowing fishermen 
using Community Development Quota (CDQ) in Area 4E to retain halibut 
for personal use that are shorter than the minimum commercial size 
limit and also extension of this allowance to Area 4D CDQ fishermen.
    In addition, this action implements the CSP for regulatory Area 2A. 
The CSP was developed by the PFMC under authority of the Halibut Act. 
Section 5 of the Halibut Act (16 U.S.C. 773c) provides the Secretary of 
Commerce (Secretary) with general responsibility to carry out the 
Convention and to adopt such regulations as may be necessary to 
implement the purposes and objectives of the Convention and the Halibut 
Act. The Secretary's authority has been delegated to the AA. Section 5 
of the Halibut Act (16 U.S.C. 773c(c)) also authorizes the Regional 
Fishery Management Council having authority for the geographic area 
concerned to develop regulations governing the Pacific halibut catch in 
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 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. North of Point Chehalis, WA 
(46 deg.53'18'' N. lat.) halibut may be retained by longline vessels 
participating in the limited entry, primary sablefish fishery. Under 
applicable regulations, incidental halibut retention in the primary 
sablefish fishery is only allowable when the overall Area 2A TAC is 
above 900,000 lb (408.2 mt,) which it is in 2002. The CSP also divides 
the sport fisheries into seven geographic areas, each with separate 
allocations, seasons, and bag limits.
    For 2002, PFMC recommended changes to the CSP to modify the Pacific 
halibut sport fisheries in Area 2A in 2002 and beyond pursuant to 
recommendations from the Washington Department of Fish and Wildlife and 
the Oregon Department of Fish and Wildlife. These changes to the CSP 
will separate the Puget Sound sub-area of the Washington State sport 
fisheries into two regions with two separate season start dates and 
will allow Oregon anglers to retain up to two halibut on land.
    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 February 11, 2002 (67 FR 6220) with a 
request for public comments by February 22, 2002. 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 Washington Department of Fish and 
Wildlife (WDFW) and the Oregon Department of Fish and Wildlife (ODFW) 
held public workshops (after the IPHC set the Area 2A quota) in early 
February 2002, 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 9 to July 12 season for eastern Puget Sound 
and

[[Page 12887]]

a May 23 to July 27 season for western Puget Sound, 5 days per week 
(closed Tuesday and Wednesday). 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 the overall Puget Sound sport 
fishery 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. WDFW also recommended 
extending the southern boundary of the North Coast subarea's closed 
area by four miles, in accordance with paragraph (f)(1)(ii) of the CSP. 
This modest increase in the size of the closed area is intended to 
lengthen the fishing season by reducing access to an area of higher 
halibut abundance, known as a halibut ``hot spot.'' 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 10, 11, 17, and 18, based on an analysis of past harvest 
rates, which indicated an increasing annual trend in this sport 
fishery. ODFW further recommended a 2 day August all-depth season of 
August 2 and 3. If the May season does not take the entire May sub-
quota for these subareas, ODFW recommended these additional potential 
opening dates: June 7, 8, 21, 22. If the August season does not take 
the entire August sub-quota for these subareas, ODFW recommended these 
additional potential opening dates: August 23, 24, September 20, 21. 
These recommendations meet the requirements of the CSP for these 
subareas.
    For the southernmost subarea, south of Humbug Mountain, Oregon, 
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 that follow for the 2002 Pacific 
halibut fishery are identical to those recommended by the IPHC and 
approved by the Secretary of State.

2002 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. Application

    (1) These Regulations apply to persons and vessels fishing for 
halibut in, or possessing halibut taken from the maritime area as 
defined in Section 3.
    (2) Sections 3 to 6 apply generally to all halibut fishing.
    (3) Sections 7 to 21 apply to commercial fishing for halibut.
    (4) Section 22 applies to the United States treaty Indian fishery 
in subarea 2A-1.
    (5) Section 23 applies to customary and traditional fishing in 
Alaska.
    (6) Section 24 applies to sport fishing for halibut.
    (7) These Regulations do not apply to fishing operations authorized 
or conducted by the Commission for research purposes.

3. 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 (WDFW), and the Oregon State 
Police (OSP);
    (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, other than treaty Indian 
ceremonial and subsistence fishing as referred to in section 22, and 
customary and traditional fishing as referred to in section 23 and 
defined by and regulated pursuant to National Marine Fisheries Service 
regulations published at 50 CFR part 300, 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 limit means 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 or Offload with respect to halibut, means the removal of 
halibut from the catching vessel;
    (j) License means a halibut fishing license issued by the 
Commission pursuant to section 4;
    (k) Maritime area, in respect of the fisheries jurisdiction of a 
Contracting Party, includes without distinction areas within and 
seaward of the territorial sea and 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, 
treaty Indian ceremonial and subsistence

[[Page 12888]]

fishing as referred to in section 22, and customary and traditional 
fishing as referred to in section 23 and defined in and regulated 
pursuant to National Marine fisheries Service regulations published in 
50 CFR part 300;
    (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 United States 
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.

4. Licensing Vessels for Area 2A

    (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 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 commercial 
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) of this section must be carried on board that vessel at 
all times and the vessel operator shall permit its inspection by any 
authorized officer.
    (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, 
CFR part 904.

5. 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 or other domestic allocation programs 
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.

6. Regulatory Areas

    The following areas shall be regulatory areas for the purposes of 
the Convention (see Figure 1):
    (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 and 4D

    (1) Section 7 applies only to any person fishing, or vessel that is 
used to fish for, Area 4E Community Development Quota (CDQ) or Area 4D 
CDQ halibut provided that the total annual halibut catch of that person 
or

[[Page 12889]]

vessel is landed at a port within Area 4E or 4D.
    (2) A person may retain halibut taken with setline gear in Area 4E 
CDQ and 4D CDQ fishery that are smaller than the size limit specified 
in section 13, provided that no person may sell or barter such halibut.
    (3) The manager of a CDQ organization that authorizes persons to 
harvest halibut in the Area 4E or 4D CDQ fisheries must report to the 
Commission the total number and weight of undersized halibut taken and 
retained by such persons pursuant to section 7, paragraph (2). 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.

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 26, 
July 10, July 24, August 7, August 21, September 4, and September 18 
unless the Commission specifies otherwise.
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    \1\ The directed fishery is restricted to waters that are south 
of Point Chehalis, Washington (46 deg.53'18"N. lat.) under 
regulations promulgated by the National Marine Fisheries Service 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 National Marine Fisheries 
Service (NMFS).
    (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 the National 
Marine Fisheries Service (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 18 and terminate at 
1200 hours local time on November 18, 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 
18.

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.
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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, Washington (46 deg.53'18"N. lat.) under regulations 
promulgated by the National Marine Fisheries Service and published 
in the Federal Register.
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    (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.
BILLING CODE 3510-22-S

[[Page 12890]]

[GRAPHIC] [TIFF OMITTED] TR20MR02.003

BILLING CODE 3510-22-C

[[Page 12891]]

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 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 Limit in     Catch Limit in
          Regulatory Area                 Pounds          Metric Tons
------------------------------------------------------------------------
2A: directed                                  262,000              118.8
commercial, and
incidental
commercial during
salmon troll fishery
2A: incidental                                 88,389               40.1
commercial during
sablefish fishery
2B                                         11,750,000            5,328.8
2C                                          8,500,000            3,854.9
3A                                         22,630,000           10,263.0
3B                                         17,130,000            7,768.7
4A                                          4,970,000            2,254.0
4B                                          4,180,000            1,895.7
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 the National Marine Fisheries 
Service and published in the Federal Register.
    (3) The Commission shall determine and announce to the public 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 18, 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 18, 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:

------------------------------------------------------------------------
                    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, as illustrated in Figure 2; or

[[Page 12892]]

    (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 this 
paragraph shall not prohibit the possession on board a vessel:
    (a) Of halibut cheeks cut from halibut caught by persons authorized 
to process the halibut on board in accordance with NMFS regulations 
published at 50 CFR part 679; and
    (b) Of 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.\3\
---------------------------------------------------------------------------

    \3\ DFO has more restrictive regulations therefore section 
13(2)b does not apply to fish caught in Area 2B or landed in British 
Columbia.
---------------------------------------------------------------------------

    (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

    (1) 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

    (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 landing 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 IPHC form documenting that a clearance was 
obtained, except that when the clearance is obtained via VHF radio 
referred to in paragraphs 5, 8, and 9, the authorized clearance 
personnel must sign the IPHC 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, 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 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.
    (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, 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.
    (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, Alaska, 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, 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 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.
    (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 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.
    (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 
or 4E and lands its total annual halibut catch at a port within Areas 
4D, 4E, or the closed area defined in section 10, is exempt from the 
clearance requirements of paragraph (1).

16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an 
overall length of 26 feet (7.9 meters) or greater shall maintain an 
accurate log of halibut fishing operations in the Groundfish/Individual 
Fishing Quota (IFQ) Daily Fishing Longline and Pot Gear Logbook 
provided by NMFS, or Alaska hook-and-line logbook provided by 
Petersburg Vessel Owners Association or Alaska Longline Fisherman's 
Association, or

[[Page 12893]]

the Alaska Department of Fish and Game (ADF&G) longline-pot logbook, or 
the logbook provided by IPHC.
    (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 and Game 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 day;
    (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 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 until the offloading of all 
halibut is completed.
    (4) The log referred to in paragraph (1) does not apply to the 
incidental halibut fishery during the salmon troll season 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 provide by DFO.
    (6) The logbook referred to in paragraph (5) must include the 
following information:
    (a) The name of the vessel and the Department of Fisheries and 
Ocean'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 day;
    (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 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 until the offloading of all 
halibut is completed;
    (f) mailed to the Department of Fisheries and Oceans (white copy) 
within seven days of offloading; and
    (g) mailed to the IPHC (yellow copy) within seven days of the final 
offload if not collected by an International Pacific Halibut Commission 
employee.
    (8) 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.
    (9) 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 4.
    (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 the NMFS and codified at 50 CFR part 679) who receives 
halibut harvested in Individual Fishing Quota (IFQ) and Community 
Development Quota (CDQ) fisheries in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 
and 4E, directly from the vessel operator that 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 that 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 
individual vessel quotas; 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 taken or retained 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 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:

[[Page 12894]]

    (a) Has a NMFS-certified observer on board when required by NMFS 
regulations\4\ published at 50 CFR 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).
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

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, 
except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut heads, 
skin, entrails, bones or fins for use as bait may be possessed on board 
a vessel carrying pots capable of catching halibut, provided that a 
receipt documenting purchase or transfer of these halibut parts is on 
board the vessel.
    (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 Prohibited Species Donation 
regulations of the National Marine Fisheries Service.

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.

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) Section 13 (size limits), section 14 (careful release of 
halibut), section 16 (logs), section 17 (receipt and possession of 
halibut) and section 19 (fishing gear), except paragraphs 7 and 8 of 
section 19, apply to commercial fishing for halibut in subarea 2A-1 by 
the treaty Indian tribes.
    (3) Commercial fishing for halibut in subarea 2A-1 is permitted 
with hook and line gear from March 18 through November 18, or until 
467,500 pounds (212.0 metric tons) is taken, whichever occurs first.
    (4) Ceremonial and subsistence fishing for halibut in subarea 2A-1 
is permitted with hook and line gear from January 1 through December 
31, and is estimated to take 16,000 pounds (7.3 metric tons).

23. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for halibut in Regulatory 
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to 
regulations promulgated by the National Marine Fisheries Service and 
published in 50 CFR part 300.
    (2) Customary and traditional fishing is authorized from January 1 
through December 31.
    (3) Section 23 is in effect only when National Marine Fisheries 
Service publishes subsistence (customary and traditional use) 
regulations in 50 CFR part 300.

[[Page 12895]]

24. 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
    (1) 214,110 pounds (97.1 mt) in waters off Washington and
    (2) 262,001 pounds (118.8 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 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 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 in eastern Puget Sound (east of 
123 deg.49'30" W. long.) is May 9 through July 12 and the fishing 
season in western Puget Sound (west of 123 deg.49'30" W. long.) is May 
23 through July 26, 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 (4)(b)(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 70,030 lb (31.8 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) is 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.00'00" N. lat., 125 deg.11'00" W. long.; and, 
48 deg.00'00" 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) is 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 11,188 lb (5.1 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 11,188 lb (5.1 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 230,639 lb (104.6 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 18520, 18580, and 18600, or until the combined subquotas of 
the north central and south central inside 30-fathom fisheries (19,797 
lb (9.0 mt)) or any inseason revised subquota is estimated to have been 
taken and the season is closed by the Commission, whichever is earlier.
    (2) The second season is open on May 10, 11, 17, and 18. The 
projected catch for this season is 156,835 lb (71.1 mt). If sufficient 
unharvested catch remains for an additional days fishing, the season 
will reopen. Dependent on the amount of unharvested catch available, 
the potential season reopening dates will be: June 7, 8, 21, 22. 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 the NMFS 
hotline 206-526-6667 or 800-662-9825. No halibut fishing will be 
allowed on the additional dates unless the opening date is announced on 
the NMFS hotline.
    (3)The third season is open on August 2 and/or 3 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 229,103 lb (103.9 
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 2 and/or 
3. If the harvest during this opening does not achieve the 229,103 lb 
(103.9 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the potential season reopening dates will 
be: August 23, 24, September 20, 21. If a decision is made inseason to 
allow fishing on one or more of these dates, notice of the reopening 
date will be announced on the NMFS hotline 206-526-6667 or 800-662-
9825.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (vi) In the area off Oregon between the Siuslaw River at the 
Florence north jetty and Humbug Mountain, Oregon (42 deg.40'30" N. 
lat.), the quota for landings into ports in this area is 18,261 lb (8.3 
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 (19,797 
lb (9.0 mt)) or any inseason revised subquota is estimated to have been 
taken and the season is closed by the Commission, whichever is earlier.
    (2) The second season is open on May 10, 11, 17, and 18. The 
projected catch for this season is 14,609 lb (6.6 mt). If

[[Page 12896]]

sufficient unharvested catch remains for an additional days fishing, 
the season will reopen. Dependent on the amount of unharvested catch 
available, the potential season reopening dates will be: June 7, 8, 21, 
22. 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 
the NMFS hotline 206-526-6667 or 800-662-9825. No halibut fishing will 
be allowed on the additional dates unless the opening date is announced 
on the NMFS hotline.
    (3) The third season is open on August 2 and/or 3 or until the 
combined quotas for the all-depth fisheries in the subareas described 
in paragraphs (v) and (vi) of this section totaling 229,103 lb (103.9 
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 2 and/or 
3. If the harvest during this opening does not achieve the 229,103 lb 
(103.9 mt) quota, the season will reopen. Dependent on the amount of 
unharvested catch available, the potential season reopening dates will 
be: August 23, 24, September 20, 21. If a decision is made inseason to 
allow fishing on one or more of these dates, notice of the reopening 
date will be announced on the NMFS hotline 206-526-6667 or 800-662-
9825.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (vii) In the area south of Humbug Mountain, OR (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 
7,860 lb (3.6 mt).
    (A) The fishing season will commence on May 1 and continue every 
day through September 30.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (c) The Commission shall determine and announce closing dates to 
the public for any area in which the subquotas in this Section are 
estimated to have been taken.
    (d) When the Commission has determined that a subquota under 
paragraph (4)(b) of this section is estimated to have been taken, and 
has announced a date on which the season will close, no person shall 
sport fish for halibut in that area after that date for the rest of the 
year, unless a reopening of that area for sport halibut fishing is 
scheduled in accordance with the Catch Sharing Plan for Area 2A, or 
announced by the Commission.
    (5) Any minimum overall size limit promulgated under IPHC or NMFS 
regulations shall be measured in a straight line passing over the 
pectoral fin from the tip of the lower jaw with the mouth closed, to 
the extreme end of the middle of the tail.
    (6) No person shall fillet, mutilate, or otherwise disfigure a 
halibut in any manner that prevents the determination of minimum size 
or the number of fish caught, possessed, or landed.
    (7) The possession limit for halibut in the waters off the coast of 
Alaska is two daily bag limits.
    (8) The possession limit for halibut in the waters off the coast of 
British Columbia is three halibut.
    (9) The possession limit for halibut in the waters off Washington, 
Oregon, and California is the same as the daily bag limit.
    (10) The possession limit for halibut on land in Area 2A is two 
daily bag limits.
    (11) 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.
    (12) No person shall be in possession of halibut on a vessel while 
fishing in a closed area.
    (13) No halibut caught by sport fishing shall be offered for sale, 
sold, traded, or bartered.
    (14) 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.
    (15) The operator of a charter vessel shall be liable for any 
violations of these regulations committed by a passenger aboard said 
vessel.

25. 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 use their respective quotas by September 30, NMFS 
may take inseason action to transfer any projected unused quota to a 
Washington sport subarea projected to have the fewest number of sport 
fishing days in the calendar year.
    (2) Flexible inseason management provisions include, but are not 
limited to, the following:
    (a) Modification of sport fishing periods;
    (b) Modification of sport fishing bag limits;
    (c) Modification of sport fishing size limits; and
    (d) Modification of sport fishing days per calendar week.
    (3) Notice procedures.
    (a) Actions taken under this section will be published in the 
Federal Register.
    (b) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the Northwest Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through September) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF--FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current 
information for the area in which they are fishing.
    (4) Effective dates.
    (a) Any action issued under this section is effective on the date 
specified in the publication or at the time that the action is filed 
for public inspection with the Office of the Federal Register, 
whichever is later.
    (b) NMFS will invite public comment on any inseason action filed 
with the Office of the Federal Register. If the Regional Administrator 
determines, for good cause found pursuant to 5 U.S.C. 553(b)(B), 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 publication 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.

[[Page 12897]]

26. 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 primary 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 primary 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 primary 
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 primary 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.

27. 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, 5 U.S.C. 553(a)(1). Because prior 
notice and an opportunity for public comment are not required to be 
provided for these portions of this rule by 5 U.S.C. 553, or any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable.

Catch Sharing Plan for Area 2A

    An 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. 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 2002 
Pacific halibut fishing season on March 18, 2002. NOAA's implementation 
of changes to the CSP could not begin until after January 2002 when the 
IPHC passed its annual measures setting quotas for 2002.
    This action has been determined to be not significant for purposes 
of E.O. 12866.

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

    Dated: March 13, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-6567 Filed 3-15-02; 10:57 am]
BILLING CODE 3510-22-S