[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Rules and Regulations]
[Pages 10989-11003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 030124019-3040-02; I.D. 010703B]
RIN 0648-AQ67


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule; annual management measures for Pacific halibut 
fisheries and approval of catch sharing plan, and final rule; changes 
to the Catch Sharing Plan and to sport fishing management.

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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 modifications to the Catch 
Sharing Plan (CSP) for Area 2A and implementing regulations for 2003. 
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: The amendment to Sec.  300.63(a)(3)(ii) is effective March 1, 
2003. The final rule for the annual management measures for Pacific 
halibut fisheries and approval of catch sharing plan is effective March 
1, 2003.

[[Page 10990]]


ADDRESSES: Copies of the CSP and the environmental assessment/
regulatory impact review (EA/RIR) are available at NMFS Northwest 
Region, 7600 Sand Point Way NE., Seattle, WA 98115-0070 The CSP is also 
available on the Northwest Region home page at http://www.nwr.noaa.gov.

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

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule also is accessible via the Internet at the Office 
of the Federal Register's Web site at http://www.access.gpo.gov/su--docs/aces/aces140.htm.

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2003 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, DC, 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 2003 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. These management measures are effective until superceded 
by the 2004 management measures that NMFS will publish in the Federal 
Register.
    The IPHC held its annual meeting in Victoria, British Columbia, on 
January 21-24, 2003, and adopted regulations for 2003. The substantive 
changes to the previous IPHC regulations (67 FR 12885, March 20, 2002) 
include:
    1. New commercial fishery opening date of March 1;
    2. New commercial fishery closing date of November 15;
    3. Exemption from clearance requirements in Area 4 for those vessel 
operators using a NMFS-approved vessel monitoring system and complying 
with the requirements of 50 CFR 679.28(f)(3), (f)(4), and (f)(5); 
receiving a confirmation number from NOAA Enforcement prior to fishing; 
and transmitting until all halibut caught are landed;
    4. Opening dates for the Area 2A commercial directed halibut 
fishery;
    5. Revising the term ``vessel'' to ``harvesting vessel'' for 
purposes of allowing fillets from legally landed and retained fish to 
be possessed only aboard a vessel, in port, up to 1800 hours local time 
on the calendar day following the offload;
    6. Using the term ``landed'' halibut rather than ``delivered'' 
halibut for purposes of meeting the requirement of retaining records by 
vessel operators;
    7. Updating coordinates for the Cape Spencer light used for the 
Area 2C-3A boundary (58[deg]11'54'' N, 136[deg]38'24'' W) to agree with 
the U.S. Coast Guard light list;
    8. Allowing Area 4D Community Development Quota (CDQ) harvest to be 
taken in Area 4E;
    9. Adoption of the revised Area 2A CSP;
    10. New depth-based closed areas for the Area 2A commercial 
directed halibut fishery, and;
    11. Season dates for the Area 2A tribal fishery.
    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2003 totaling 74,920,000 lb, identical to the 
regulatory area catch limits in 2002. The IPHC staff reported on the 
assessment of the Pacific halibut stock in 2002. Some significant 
changes occurred in the assessment as a result of changes in the 
underlying data being analyzed and the persistence of smaller sizes at 
the same age in the central part of the halibut range. These changes 
created some uncertainty about differences in the biomass of the stock 
estimated from the current and the previous assessment. Analyses were 
conducted for the 2002 assessment to ensure that the stock is not in 
any danger of being overharvested. However, the staff needs to resolve 
these technical issues of the assessment over the next year. In 
addition, IPHC staff is investigating a new harvest policy that may 
result in greater stability in the yield from the fishery and insulate 
the process of setting catch limits from technological changes in the 
assessment. This harvest policy will also need to be reviewed by the 
IPHC. The resolution of the technical issues of the assessment may 
indicate a larger estimate of biomass in the central region of the 
stock distribution, but application of the proposed harvest policy 
might dictate slightly lower yields. Because these two processes may be 
somewhat counterbalancing, the staff wishes to complete its 
investigations before recommending any changes to present catch limits 
or the harvest policy. While the trajectory of the halibut stock 
biomass is downward, the biomass is still above the long-term average 
level and is expected to remain above this level for the next several 
years.
    This action also implements the CSP for regulatory Area 2A. This 
plan was developed by the PFMC under authority of the Halibut Act. 
Section 5 of the Halibut Act (16 U.S.C. 773c) provides 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 that the PFMC 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-treaty commercial, and non-treaty 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 
halibut 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. Incidental halibut retention in the primary sablefish fishery 
is only allowable when the overall Area 2A TAC is above

[[Page 10991]]

900,000 lb (408.2 mt), which it is in 2003. [NOTE: New for 2003, 
regulations for the Pacific Coast groundfish fishery require 
participants in the primary sablefish fishery in which halibut may be 
retained to follow depth-based management restrictions (i.e., closed 
areas) as described in a proposed rule published in the Federal 
Register on January 7, 2003 (68 FR 936). The final rule for the Pacific 
Coast groundfish fishery, including depth-based management measures, 
will publish in the Federal Register. The CSP also divides the sport 
fisheries into seven geographic areas each with separate allocations, 
seasons, and bag limits.
    For 2003, PFMC recommended changes to the CSP to modify the Pacific 
halibut fisheries in Area 2A in 2003 and beyond pursuant to 
recommendations from the Washington Department of Fish and Wildlife 
(WDFW) and the Oregon Department of Fish and Wildlife (ODFW). These 
changes to the CSP will implement closed areas for the Washington North 
Coast sport fishery subarea and the nontreaty commercial halibut 
fishery to protect yelloweye rockfish, allocate subarea halibut quota 
between the May and June sport seasons in Washington's North Coast 
subarea, cap the incidental halibut retention allocation for the 
primary sablefish fishery at 70,000 lb (31.8 kg) when halibut is 
available to that fishery, move the season ending date for Oregon sport 
fisheries in the North Central and South Central areas from September 
30 to October 31, provide more flexibility for inseason sport fishery 
management, and revise the names of Oregon sport seasons.
    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 6, 2003 (68 FR 6103) with a request 
for public comments by February 18, 2003. No public comments were 
received. Therefore, NMFS has finalized the EA/RIR, made a finding of 
no significant impact, and approved the changes to the CSP as proposed. 
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).
    The ODFW held public workshops (after the IPHC set the Area 2A 
quota) in early February 2003, to develop recommendations on the 
opening dates of the sport fisheries. WDFW did not hold public meetings 
after the IPHC annual meeting in 2003 because the catch limit and 
season structure are the same as in 2002. The WDFW and ODFW sent 
letters to NMFS providing the following recommendations on the opening 
dates and season structure for managing the sport fisheries consistent 
with the CSP.
    WDFW recommended a May 8 to July 18 season for eastern Puget Sound 
and a May 22 to August 1 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 sub-
quota is taken, 5 days per week (closed Sunday and Monday), and a 
second season opening June 18 and continuing until the remaining quota 
is projected to be taken, 5 days per week (closed Sunday and Monday). 
WDFW also recommended changing the North Coast subarea's closed area to 
a ``C-shaped'' area, known as the Yelloweye Rockfish Conservation Area, 
in accordance with (f)(1)(ii) of the CSP (see ADDRESSES). This change 
in the size and shape of the closed area is intended to protect 
yelloweye rockfish, an overfished groundfish species that coexists with 
Pacific halibut. The ``C-shaped'' area has been determined to be an 
area with high interception of yelloweye rockfish in recreational 
fisheries. This area will be closed to recreational groundfish and 
halibut fishing. 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 the Puget Sound, 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 6 day 
spring season of May 8, 9, 10, 15, 16, and 17, based on an analysis of 
past harvest rates. ODFW further recommended a 4-day summer all-depth 
season of August 1, 2, 8, and 9. If the spring season does not take the 
entire spring sub-quota for these subareas, ODFW recommended these 
additional potential opening dates: June 19, 20, 21, 26, 27, and 28. If 
the summer season does not take the entire summer sub-quota for these 
subareas, ODFW recommended these additional potential opening dates: 
August 22 and 23, September 5, 6, 19, and 20, October 17 and 18. 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 September 30, 7 days per week. This recommended season 
meets the requirements of the CSP.
    NMFS is implementing sport fishing management measures in Area 2A 
based on recommendations from the states in accordance with the CSP.

Technical Correction to Halibut Regulations

    With this rule, NMFS will revise the Federal halibut regulations at 
50 CFR 300.63, which authorize vessels with IPHC licenses that are 
operating in the primary sablefish longline fishery north of Pt. 
Chehalis to land halibut taken incidentally in that fishery. The 
technical correction will alter the regulations to more clearly state 
that no halibut taken in this fishery may be landed south of Pt. 
Chehalis. This is a minor clarification and has no substantive effect 
on the environment or the regulated community because it only clarifies 
where halibut taken incidentally in the primary sablefish longline 
fishery may be landed.

Annual Halibut Management Measures

    The annual management measures that follow for the 2003 Pacific 
halibut fishery are identical to those recommended by the IPHC and 
approved by the Secretary of State.

2003 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

[[Page 10992]]

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 Code of Federal Regulations 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 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 Code of Federal 
Regulations 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;
    (s) VMS transmitter means a NMFS-approved vessel monitoring system 
transmitter that automatically determines a vessel's position and 
transmits it to a NMFS-approved communications service provider.\1\
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    \1\ Call NOAA Enforcement Division, Alaska Region, at 907-586-
7225 between the hours of 0800 and 1600 local time for a list of 
NMFS-approved VMS transmitters and communications service providers.
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    (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.

[[Page 10993]]

    (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.

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 (see Figure 1) for 
the purposes of the Convention:
[GRAPHIC] [TIFF OMITTED] TR07MR03.000

    (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]11'54'' N. lat., 
136[deg]38'24'' 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]35'0'' 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 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,

[[Page 10994]]

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 \2\ shall 
begin at 0800 hours and terminate at 1800 hours local time on June 25, 
July 9, July 23, August 6, August 20, September 3, and September 17 
unless the Commission specifies otherwise.
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    \2\ 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 \3\ is authorized during the sablefish seasons in Area 2A 
in accordance with regulations promulgated by NMFS.
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    \3\ 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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    (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 1 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]36'0'' 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. latitude, 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
                                                 -----------------------
                 Regulatory area                                Metric
                                                    Pounds       tons
------------------------------------------------------------------------
2A: Directed commercial, and incidental              262,000       118.8
 commercial during salmon troll fishery.........
2A: Incidental commercial during sablefish            70,000        31.7
 fishery........................................
2B..............................................    11,750,0     5,328.8
2C..............................................    8,500,00     3,854.9
3A..............................................    22,630,0    10,263.0
3B..............................................    17,130,0     7,768.7
4A..............................................    4,970,00     2,254.0
4B..............................................    4,180,00     1,895.7
4C..............................................    2,030,00       920.6
4D..............................................    2,030,00       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 15, whichever is earlier.
    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, and 4E will each close only when all Individual Fishing Quotas and 
all Community Development Quotas issued by the National Marine 
Fisheries Service have been taken, or November 15, whichever is 
earlier:
    (6) If the Commission determines that the catch limit specified for 
Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour 
fishing period as specified in paragraph (2) of section 8, the catch 
limit for that area shall be considered to have been taken unless 
fishing period limits are implemented.
    (7) When under paragraphs (2), (3), 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.
    (8) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4E directed commercial fishery is 
equal to the combined annual catch limits specified

[[Page 10995]]

for the Area 4D and Area 4E Community Development Quotas. The annual 
Area 4D CDQ catch limit will decrease by the equivalent amount of 
halibut CDQ taken in Area 4E in excess of the annual Area 4E CDQ catch 
limit.

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 (in feet)                  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
    (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.
[GRAPHIC] [TIFF OMITTED] TR07MR03.001

    (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 Title 50, Code of Federal Regulations, Part 679; and
    (b) Of fillets from halibut that have been offloaded in accordance 
with section 17 may be possessed on board the harvesting vessel in the 
port of landing up to 1800 hours local time on the calendar day 
following the offload.\4\
---------------------------------------------------------------------------

    \4\ 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 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 landing of any halibut caught in any of 
these areas, unless specifically exempted in paragraphs (10), (13), 
(14), (15), (16), or (17).

[[Page 10996]]

    (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, provided that:
    (a) The operator of the vessel obtains 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 
obtains 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).
    (17) Any vessel that carries a transmitting VMS transmitter while 
fishing for halibut in Area 4A, 4B, 4C, or 4D and until all halibut 
caught in any of these areas is landed is exempt from the clearance 
requirements of paragraph (1) of this section, provided that:
    (a) The operator of the vessel complies with NMFS' vessel 
monitoring system regulations published at 50 CFR sections 
679.28(f)(3), (4) and (5); and
    (b) The operator of the vessel notifies NOAA Fisheries Office for 
Law Enforcement at 800-304-4846 (select option 1 to speak to an 
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) 
local time within 72 hours before fishing for halibut in Area 4A, 4B, 
4C, or 4D and receives a VMS confirmation number.

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 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

[[Page 10997]]

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 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 provided 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 International Pacific Halibut Commission (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.\5\
---------------------------------------------------------------------------

    \5\ DFO did not adopt this regulation therefore section 17 
paragraph 2 does not apply to fish caught in Area 2B.
---------------------------------------------------------------------------

    (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 National Marine Fisheries Service and codified at 
Title 50, Code of Federal Regulations, 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 (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 taken or retained in 
contravention of these Regulations.
    (10) When halibut are landed 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 more than one of the Regulatory Areas 2C, 3A, 
or 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 \6\ published at title 50, Code of Federal Regulations, 
section 679.7(f)(4); and
---------------------------------------------------------------------------

    \6\ 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 more than one of the Regulatory Areas 4A, 4B, 
4C, or 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.

[[Page 10998]]

    (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, 
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 the 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.
    (4) Commercial fishing for halibut in subarea 2A-1 is permitted 
with hook and line gear from March 1 through November 15, or until 
456,500 lb (207.0 mt) is taken, whichever occurs first.
    (5) 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 27,000 pounds (12.2 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.

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 
232,499 lb (105.4 mt) in waters off Washington and 262,001 pounds 
(118.8 metric tons) in waters off California and Oregon;

[[Page 10999]]

    (b) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the inseason 
actions in Section 25. All sport fishing in Area 2A is managed on a 
``port of landing'' basis, whereby any halibut landed into a port 
counts toward the quota for the area in which that port is located, and 
the regulations governing the area of landing apply, regardless of the 
specific area of catch.
    (i) In Puget Sound and the U.S. waters in the Strait of Juan de 
Fuca, east of a line extending from 48[deg]17'30'' N. lat., 
124[deg]23'70'' W. long. north to 48[deg]24'10'' N. lat., 
124[deg]23'70'' W. long., there is no quota. This area is managed by 
setting a season that is projected to result in a catch of 63,278 lb 
(29 mt).
    (A) The fishing season in eastern Puget Sound (east of 
123[deg]49'30'' W. long.) is May 8 through July 18 and the fishing 
season in western Puget Sound (west of 123[deg]49'30'' W. long.) is May 
22 through August 1, 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 113,915 lb (52 mt).
    (A) The fishing seasons are:
    (1) Commencing May 1 and continuing 5 days a week (Tuesday through 
Saturday) until 82,019 lb (37 mt) are estimated to have been taken and 
the season is closed by the Commission.
    (2) From June 18, and continuing thereafter for 5 days a week 
(Tuesday through Saturday) until the overall area quota of 113,915 lb 
(52 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 southwest of Cape Flattery is closed to 
sport fishing for halibut. The ``C-shaped'' yelloweye rockfish 
conservation area that is closed to recreational halibut fishing is 
defined by the following coordinates in the order listed:

48[deg]18' N. lat.; 125[deg]18' W. long.;
48[deg]18' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 125[deg]18' W. long.;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' 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 48,623 lb (22 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 
48,623 lb (22 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 11,923 lb (5 mt).
    (A) The fishing season commences on May 1, and continues every day 
through September 30, or until 11,923 lb (5 mt) are estimated to have 
been taken and the area is closed by the Commission, whichever occurs 
first.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (v) In the area off Oregon between Cape Falcon and the Siuslaw 
River at the Florence north jetty (44[deg]01'08'' N. lat.), the quota 
for landings into ports in this area is 230,639 lb (104.6 mt).
    (A) The fishing seasons are:
    (1) The first season commences May 1 and continues every day 
through October 31, 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 8, 9, 10, 15, 16, and 17. The 
projected catch for this season is 156,835 lb (71.1 mt). If sufficient 
unharvested catch remains for additional fishing days, the season will 
reopen. Dependent on the amount of unharvested catch available, the 
potential season reopening dates will be: June 19, 20, 21, 26, 27, and 
28. If a decision is made inseason by NMFS to allow fishing on any of 
these reopening 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 reopening dates unless the date is announced on the 
NMFS hotline.
    (3) If sufficient unharvested catch remains, the third season will 
open on August 1, 2, 8, and 9 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 announcement will be made on the NMFS hotline in mid-July as to 
whether the fishery will be open on August 1, 2, 8, and 9. No halibut 
fishing will be allowed on these dates unless the dates are announced 
on the NMFS hotline. 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 22 and 23, September 5, 6, 19, 
and 20, October 17 and 18. If a decision is made inseason to allow 
fishing on one or more of these reopening dates, notice of the 
reopening date will be announced on the NMFS hotline (206) 526-6667 or 
(800) 662-9825. No halibut fishing will be allowed on the reopening 
dates unless the date is announced on the NMFS hotline.
    (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 October 31, 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 8, 9, 10, 15, 16, and 17. The 
projected catch for this season is 14,609 lb (6.6 mt). If sufficient 
unharvested catch remains for additional fishing days, the season will 
reopen. Dependent on the amount of unharvested catch available, the 
potential season reopening dates will be: June 19, 20, 21, 26, 27, and 
28. If a decision is made inseason by NMFS to allow fishing on any of 
these reopening dates, notice of the opening will be announced on the 
NMFS hotline

[[Page 11000]]

(206) 526-6667 or (800) 662-9825. No halibut fishing will be allowed on 
the reopening dates unless the date is announced on the NMFS hotline.
    (3) If sufficient unharvested catch remains, the third season will 
open on August 1, 2, 8, and 9 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 announcement will be made on the NMFS hotline in mid-July as to 
whether the fishery will be open on August 1, 2, 8, and 9. No halibut 
fishing will be allowed on these dates unless the dates are announced 
on the NMFS hotline. 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 22 and 23, September 5, 6, 19, 
and 20, October 17 and 18. If a decision is made inseason to allow 
fishing on one or more of these reopening dates, notice of the 
reopening date will be announced on the NMFS hotline (206) 526-6667 or 
(800) 662-9825. No halibut fishing will be allowed on the reopening 
dates unless the date is announced on the NMFS hotline.
    (B) The daily bag limit is the first halibut taken, per person, of 
32 inches (81.3 cm) or greater in length.
    (vii) In the area south of Humbug Mountain, Oregon (42[deg]40'30'' 
N. lat.) and off the California coast, there is no quota. This area is 
managed on a season that is projected to result in a catch of less than 
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), or their designees, is authorized 
to modify regulations during the season after making the following 
determinations.
    (a) The action is necessary to allow allocation objectives to be 
met.
    (b) The action will not result in exceeding the catch limit for the 
area.
    (c) If any of the sport fishery subareas north of Cape Falcon, OR 
are not projected to utilize their respective quotas by September 30, 
NMFS may take inseason action to transfer any projected unused quota to 
another Washington sport subarea.
    (d) If any of the sport fishery subareas south of Leadbetter Point, 
WA are not projected to utilize their respective quotas by their season 
ending dates, NMFS may take inseason action to transfer any projected 
unused quota to another Oregon sport subarea.
    (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;
    (d) Modification of sport fishing days per calendar week; and
    (e) Modification of subarea quotas north of Cape Falcon, OR.
    (3) Notice procedures.
    (a) Actions taken under this section will be published in the 
Federal Register.
    (b) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the Northwest Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through September) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF-FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current 
information for the area in which they are fishing.
    (4) Effective dates.
    (a) Any action issued under this section is effective on the date 
specified in the publication or at the time that the action is filed 
for public inspection with the Office of the Federal Register, 
whichever is later.
    (b) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal Register. 
If the Regional Administrator determines, for good cause, that an 
inseason action must be filed without affording a prior opportunity for 
public comment, public comments will be received for a period of 15 
days after 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

[[Page 11001]]

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.

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 24;
    (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 24 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. Area 2A Non-Treaty Commercial Fishery Closed Area

    Non-treaty commercial vessels operating in the directed commercial 
fishery for halibut in Area 2A are required to fish outside of a closed 
area, known as the Rockfish Conservation Area (RCA), that extends along 
the coast from the U.S./Canada border south to 40[deg]10' N. lat. The 
closed area follows approximate depth contours. Coordinates for the 
specific boundaries that approximate the depth contours are as follows:
    (1) Between the U.S./Canada border and 46[deg]16' N. lat., the 
eastern boundary of the RCA extends to the shoreline.
    (2) Between 46[deg]16' N. lat. and 40[deg]10' N. lat., the RCA is 
defined along an eastern, inshore boundary approximating 27 fm (49 m). 
The 27 fm depth contour used between 46[deg]16' N. lat. and 40[deg]10' 
N. lat. as an eastern boundary for the RCA is defined by straight lines 
connecting all of the following points in the order stated:

(1) 46[deg]16.00' N. lat., 124[deg]12.39' W. long.;
(2) 46[deg]14.85' N. lat., 124[deg]12.39' W. long.;
(3) 46[deg]3.95' N. lat., 124[deg]3.64' W. long.;
(4) 45[deg]43.14' N. lat., 124[deg]0.17' W. long.;
(5) 45[deg]23.33' N. lat., 124[deg]1.99' W. long.;
(6) 45[deg]9.54' N. lat., 124[deg]1.65' W. long.;
(7) 44[deg]39.99' N. lat., 124[deg]8.67' W. long.;
(8) 44[deg]20.86' N. lat., 124[deg]10.31' W. long.;
(9) 43[deg]37.11' N. lat., 124[deg]14.91' W. long.;
(10) 43[deg]27.54' N. lat., 124[deg]18.98' W. long.;
(11) 43[deg]20.68' N. lat., 124[deg]25.53' W. long.;
(12) 43[deg]15.08' N. lat., 124[deg]27.17' W. long.;
(13) 43[deg]6.89' N. lat., 124[deg]29.65' W. long.;
(14) 43[deg]1.02' N. lat., 124[deg]29.70' W. long.;
(15) 42[deg]52.67' N. lat., 124[deg]36.10' W. long.;
(16) 42[deg]45.96' N. lat., 124[deg]37.95' W. long.;
(17) 42[deg]45.80' N. lat., 124[deg]35.41' W. long.;
(18) 42[deg]38.46' N. lat., 124[deg]27.49' W. long.;
(19) 42[deg]35.29' N. lat., 124[deg]26.85' W. long.;
(20) 42[deg]31.49' N. lat., 124[deg]31.40' W. long.;
(21) 42[deg]29.06' N. lat., 124[deg]32.24' W. long.;
(22) 42[deg]14.26' N. lat., 124[deg]26.27' W. long.;
(23) 42[deg]4.86' N. lat., 124[deg]21.94' W. long.;
(24) 42[deg]0.10' N. lat., 124[deg]20.99' W. long.;
(25) 42[deg]0.00' N. lat., 124[deg]21.03' W. long.;
(26) 41[deg]56.33' N. lat., 124[deg]20.34' W. long.;
(27) 41[deg]50.93' N. lat., 124[deg]23.74' W. long.;
(28) 41[deg]41.83' N. lat., 124[deg]16.99' W. long.;
(29) 41[deg]35.48' N. lat., 124[deg]16.35' W. long.;
(30) 41[deg]23.51' N. lat., 124[deg]10.48' W. long.;
(31) 41[deg]4.62' N. lat., 124[deg]14.44' W. long.;
(32) 40[deg]54.28' N. lat., 124[deg]13.90' W. long.;
(33) 40[deg]40.37' N. lat., 124[deg]26.21' W. long.;
(34) 40[deg]34.03' N. lat., 124[deg]27.36' W. long.;
(35) 40[deg]28.88' N. lat., 124[deg]32.41' W. long.;
(36) 40[deg]24.82' N. lat., 124[deg]29.56' W. long.;
(37) 40[deg]22.64' N. lat., 124[deg]24.05' W. long.;
(38) 40[deg]18.67' N. lat., 124[deg]21.90' W. long.;
(39) 40[deg]14.23' N. lat., 124[deg]23.72' W. long.; and
(40) 40[deg]10.00' N. lat., 124[deg]17.22' W. long.;

    (3) Between the U.S./Canada border and 40[deg]10' N. lat., the RCA 
is defined along a western, offshore boundary approximating 100 fm (183 
m). The 100 fm depth contour used north of 40[deg]10' N. lat. as a 
western boundary for the RCA is defined by straight lines connecting 
all of the following points in the order stated:

(1) 48[deg]15.00' N. lat., 125[deg]41.00' W. long.;
(2) 48[deg]14.00' N. lat., 125[deg]36.00' W. long.;
(3) 48[deg]09.50' N. lat., 125[deg]40.50' W. long.;
(4) 48[deg]08.00' N. lat., 125[deg]38.00' W. long.;
(5) 48[deg]05.00' N. lat., 125[deg]37.25' W. long.;
(6) 48[deg]02.60' N. lat., 125[deg]34.70' W. long.;
(7) 47[deg]59.00' N. lat., 125[deg]34.00' W. long.;
(8) 47[deg]57.26' N. lat., 125[deg]29.82' W. long.;
(9) 47[deg]59.87' N. lat., 125[deg]25.81' W. long.;
(10) 48[deg]01.08' N. lat., 125[deg]24.53' W. long.;
(11) 48[deg]02.08' N. lat., 125[deg]22.98' W. long.;
(12) 48[deg]02.97' N. lat., 125[deg]22.89' W. long.;
(13) 48[deg]04.47' N. lat., 125[deg]21.75' W. long.;
(14) 48[deg]06.11' N. lat., 125[deg]19.33' W. long.;
(15) 48[deg]07.95' N. lat., 125[deg]18.55' W. long.;
(16) 48[deg]09.00' N. lat., 125[deg]18.00' W. long.;
(17) 48[deg]11.31' N. lat., 125[deg]17.55' W. long.;
(18) 48[deg]14.60' N. lat., 125[deg]13.46' W. long.;
(19) 48[deg]16.67' N. lat., 125[deg]14.34' W. long.;
(20) 48[deg]18.73' N. lat., 125[deg]14.41' W. long.;
(21) 48[deg]19.98' N. lat., 125[deg]13.24' W. long.;
(22) 48[deg]22.95' N. lat., 125[deg]10.79' W. long.;
(23) 48[deg]21.61' N. lat., 125[deg]02.54' W. long.;

[[Page 11002]]

(24) 48[deg]23.00' N. lat., 124[deg]49.34' W. long.;
(25) 48[deg]17.00' N. lat., 124[deg]56.50' W. long.;
(26) 48[deg]06.00' N. lat., 125[deg]00.00' W. long.;
(27) 48[deg]04.62' N. lat., 125[deg]01.73' W. long.;
(28) 48[deg]04.84' N. lat., 125[deg]04.03' W. long.;
(29) 48[deg]06.41' N. lat., 125[deg]06.51' W. long.;
(30) 48[deg]06.00' N. lat., 125[deg]08.00' W. long.;
(31) 48[deg]07.28' N. lat., 125[deg]11.14' W. long.;
(32) 48[deg]03.45' N. lat., 125[deg]16.66' W. long.;
(33) 47[deg]59.50' N. lat., 125[deg]18.88' W. long.;
(34) 47[deg]58.68' N. lat., 125[deg]16.19' W. long.;
(35) 47[deg]56.62' N. lat., 125[deg]13.50' W. long.;
(36) 47[deg]53.71' N. lat., 125[deg]11.96' W. long.;
(37) 47[deg]51.70' N. lat., 125[deg]09.38' W. long.;
(38) 47[deg]49.95' N. lat., 125[deg]06.07' W. long.;
(39) 47[deg]49.00' N. lat., 125[deg]03.00' W. long.;
(40) 47[deg]46.95' N. lat., 125[deg]04.00' W. long.;
(41) 47[deg]46.58' N. lat., 125[deg]03.15' W. long.;
(42) 47[deg]44.07' N. lat., 125[deg]04.28' W. long.;
(43) 47[deg]43.32' N. lat., 125[deg]04.41' W. long.;
(44) 47[deg]40.95' N. lat., 125[deg]04.14' W. long.;
(45) 47[deg]39.58' N. lat., 125[deg]04.97' W. long.;
(46) 47[deg]36.23' N. lat., 125[deg]02.77' W. long.;
(47) 47[deg]34.28' N. lat., 124[deg]58.66' W. long.;
(48) 47[deg]32.17' N. lat., 124[deg]57.77' W. long.;
(49) 47[deg]30.27' N. lat., 124[deg]56.16' W. long.;
(50) 47[deg]30.60' N. lat., 124[deg]54.80' W. long.;
(51) 47[deg]29.26' N. lat., 124[deg]52.21' W. long.;
(52) 47[deg]28.21' N. lat., 124[deg]50.65' W. long.;
(53) 47[deg]27.38' N. lat., 124[deg]49.34' W. long.;
(54) 47[deg]25.61' N. lat., 124[deg]48.26' W. long.;
(55) 47[deg]23.54' N. lat., 124[deg]46.42' W. long.;
(56) 47[deg]20.64' N. lat., 124[deg]45.91' W. long.;
(57) 47[deg]17.99' N. lat., 124[deg]45.59' W. long.;
(58) 47[deg]18.20' N. lat., 124[deg]49.12' W. long.;
(59) 47[deg]15.01' N. lat., 124[deg]51.09' W. long.;
(60) 47[deg]12.61' N. lat., 124[deg]54.89' W. long.;
(61) 47[deg]08.22' N. lat., 124[deg]56.53' W. long.;
(62) 47[deg]08.50' N. lat., 124[deg]54.95' W. long.;
(63) 47[deg]01.92' N. lat., 124[deg]57.74' W. long.;
(64) 47[deg]01.14' N. lat., 124[deg]59.35' W. long.;
(65) 46[deg]58.48' N. lat., 124[deg]57.81' W. long.;
(66) 46[deg]56.79' N. lat., 124[deg]56.03' W. long.;
(67) 46[deg]58.01' N. lat., 124[deg]55.09' W. long.;
(68) 46[deg]55.07' N. lat., 124[deg]54.14' W. long.;
(69) 46[deg]59.60' N. lat., 124[deg]49.79' W. long.;
(70) 46[deg]58.72' N. lat., 124[deg]48.78' W. long.;
(71) 46[deg]54.45' N. lat., 124[deg]48.36' W. long.;
(72) 46[deg]53.99' N. lat., 124[deg]49.95' W. long.;
(73) 46[deg]54.38' N. lat., 124[deg]52.73' W. long.;
(74) 46[deg]52.38' N. lat., 124[deg]52.02' W. long.;
(75) 46[deg]48.93' N. lat., 124[deg]49.17' W. long.;
(76) 46[deg]41.50' N. lat., 124[deg]43.00' W. long.;
(77) 46[deg]34.50' N. lat., 124[deg]28.50' W. long.;
(78) 46[deg]29.00' N. lat., 124[deg]30.00' W. long.;
(79) 46[deg]20.00' N. lat., 124[deg]36.50' W. long.;
(80) 46[deg]18.00' N. lat., 124[deg]38.00' W. long.;
(81) 46[deg]17.52' N. lat., 124[deg]35.35' W. long.;
(82) 46[deg]17.00' N. lat., 124[deg]22.50' W. long.;
(83) 46[deg]15.02' N. lat., 124[deg]23.77' W. long.;
(84) 46[deg]12.00' N. lat., 124[deg]35.00' W. long.;
(85) 46[deg]10.50' N. lat., 124[deg]39.00' W. long.;
(86) 46[deg]8.90' N. lat., 124[deg]39.11' W. long.;
(87) 46[deg]0.97' N. lat., 124[deg]38.56' W. long.;
(88) 45[deg]57.04' N. lat., 124[deg]36.42' W. long.;
(89) 45[deg]54.29' N. lat., 124[deg]40.02' W. long.;
(90) 45[deg]47.19' N. lat., 124[deg]35.58' W. long.;
(91) 45[deg]41.75' N. lat., 124[deg]28.32' W. long.;
(92) 45[deg]34.16' N. lat., 124[deg]24.23' W. long.;
(93) 45[deg]27.10' N. lat., 124[deg]21.74' W. long.;
(94) 45[deg]17.14' N. lat., 124[deg]17.85' W. long.;
(95) 44[deg]59.51' N. lat., 124[deg]19.34' W. long.;
(96) 44[deg]49.30' N. lat., 124[deg]29.97' W. long.;
(97) 44[deg]45.64' N. lat., 124[deg]33.89' W. long.;
(98) 44[deg]33.00' N. lat., 124[deg]36.88' W. long.;
(99) 44[deg]28.20' N. lat., 124[deg]44.72' W. long.;
(100) 44[deg]13.16' N. lat., 124[deg]56.36' W. long.;
(101) 43[deg]56.34' N. lat., 124[deg]55.74' W. long.;
(102) 43[deg]56.47' N. lat., 124[deg]34.61' W. long.;
(103) 43[deg]42.73' N. lat., 124[deg]32.41' W. long.;
(104) 43[deg]30.92' N. lat., 124[deg]34.43' W. long.;
(105) 43[deg]17.44' N. lat., 124[deg]41.16' W. long.;
(106) 43[deg]7.04' N. lat., 124[deg]41.25' W. long.;
(107) 43[deg]3.45' N. lat., 124[deg]44.36' W. long.;
(108) 43[deg]3.90' N. lat., 124[deg]50.81' W. long.;
(109) 42[deg]55.70' N. lat., 124[deg]52.79' W. long.;
(110) 42[deg]54.12' N. lat., 124[deg]47.36' W. long.;
(111) 42[deg]43.99' N. lat., 124[deg]42.38' W. long.;
(112) 42[deg]38.23' N. lat., 124[deg]41.25' W. long.;
(113) 42[deg]33.02' N. lat., 124[deg]42.38' W. long.;
(114) 42[deg]31.89' N. lat., 124[deg]42.04' W. long.;
(115) 42[deg]30.08' N. lat., 124[deg]42.67' W. long.;
(116) 42[deg]28.27' N. lat., 124[deg]47.08' W. long.;
(117) 42[deg]25.22' N. lat., 124[deg]43.51' W. long.;
(118) 42[deg]19.22' N. lat., 124[deg]37.92' W. long.;
(119) 42[deg]16.28' N. lat., 124[deg]36.11' W. long.;
(120) 42[deg]5.65' N. lat., 124[deg]34.92' W. long.;
(121) 42[deg]0.00' N. lat., 124[deg]35.27' W. long.;
(122) 42[deg]00.00' N. lat., 124[deg]35.26' W. long.;
(123) 41[deg]47.04' N. lat., 124[deg]27.64' W. long.;
(124) 41[deg]32.92' N. lat., 124[deg]28.79' W. long.;
(125) 41[deg]24.17' N. lat., 124[deg]28.46' W. long.;
(126) 41[deg]10.12' N. lat., 124[deg]20.50' W. long.;
(127) 40[deg]51.41' N. lat., 124[deg]24.38' W. long.;
(128) 40[deg]43.71' N. lat., 124[deg]29.89' W. long.;
(129) 40[deg]40.14' N. lat., 124[deg]30.90' W. long.;

[[Page 11003]]

(130) 40[deg]37.35' N. lat., 124[deg]29.05' W. long.;
(131) 40[deg]34.76' N. lat., 124[deg]29.82' W. long.;
(132) 40[deg]36.78' N. lat., 124[deg]37.06' W. long.;
(133) 40[deg]32.44' N. lat., 124[deg]39.58' W. long.;
(134) 40[deg]24.82' N. lat., 124[deg]35.12' W. long.;
(135) 40[deg]23.30' N. lat., 124[deg]31.60' W. long.;
(136) 40[deg]23.52' N. lat., 124[deg]28.78' W. long.;
(137) 40[deg]22.43' N. lat., 124[deg]25.00' W. long.;
(138) 40[deg]21.72' N. lat., 124[deg]24.94' W. long.;
(139) 40[deg]21.87' N. lat., 124[deg]27.96' W. long.;
(140) 40[deg]21.40' N. lat., 124[deg]28.74' W. long.;
(141) 40[deg]19.68' N. lat., 124[deg]28.49' W. long.;
(142) 40[deg]17.73' N. lat., 124[deg]25.43' W. long.;
(143) 40[deg]18.37' N. lat., 124[deg]23.35' W. long.;
(144) 40[deg]15.75' N. lat., 124[deg]26.05' W. long.;
(145) 40[deg]16.75' N. lat., 124[deg]33.71' W. long.;
(146) 40[deg]16.29' N. lat., 124[deg]34.36' W. long.; and
(147) 40[deg]10.00' N. lat., 124[deg]21.12' W. long.

28. Previous Regulations Superseded

    These regulations shall supersede all previous regulations of the 
Commission, and these regulations shall be effective each succeeding 
year until superseded.

Classification

IPHC Regulations

    Because approval by the Secretary of State of the IPHC regulations 
is a foreign affairs function, the notice-and-comment and delay-in-
effective date requirements of the Administrative Procedure Act (APA), 
5 U.S.C. 553, do not apply to this notice of the effectiveness and 
content of the IPHC regulations, 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 EA/RIR 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 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 or on the economic 
impacts of the rule. No regulatory flexibility analysis has been 
prepared.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The AA finds good cause to waive the requirement to provide a 30-
day delay in effectiveness (5 U.S.C. 553(d)) because it is contrary to 
the public interest to delay the effectiveness date of this rule for 30 
days. This rule must be made effective for the opening of the 2003 
Pacific halibut fishing season on March 1, 2003. Delaying the opening 
of the fishing season is contrary to the public interest because it 
would cause unnecessary economic burden on fishery participants due to 
loss of fishing opportunity. Because the annual quotas and management 
measures are ultimately determined by an international commission, the 
IPHC, the AA is constrained and cannot respond by publishing the final 
rule until after the IPHC has adopted the annual quotas and management 
measures for the year. NMFS's implementation of changes to the CSP 
could not begin until after January 24, 2003, when the IPHC adopted 
annual quotas and management measures for 2003. There was not enough 
time between when the IPHC adopted the annual quotas and management 
measures for 2003 and the scheduled March 1, 2003, start of the fishing 
season to publish the regulations in the Federal Register with enough 
time for a 30-day delay in effectiveness. In addition, good cause 
exists to waive the 30-day delay in effectiveness for the minor 
technical amendment to 50 CFR 300.63 pursuant to 5 U.S.C. 553(d)(3) 
because this amendment only clarifies the regulatory language and does 
not include a substantive change to the regulations.

List of Subjects in 50 CFR part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

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

    Dated: February 27, 2003
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.


    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS, SUBPART E--PACIFIC 
HALIBUT FISHERIES

    1. The authority citation for 50 CFR part 300, subpart E continues 
to read as follows:

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


    2. Section 300.63, paragraph (a)(3)(ii) is revised to read as 
follows:


Sec.  300.63  Catch sharing plans, local area management plans, and 
domestic management measures.

* * * * *
    (a) * * *
    (3) * * *
    (ii) It is unlawful for any person to possess or land halibut south 
of 46[deg]53'18'' N. lat. that were taken and retained as incidental 
catch authorized by this section in the directed longline sablefish 
fishery.
* * * * *
[FR Doc. 03-5171 Filed 3-3-03; 3:18 pm]
BILLING CODE 3510-22-P