[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9230-9240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4371]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 040217059-4059-01; I.D. 021004A]
RIN 0648-AR95


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.

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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 governing the Pacific Halibut 
fishery which are approved by the Secretary of State. This action is 
intended to provide public notice of the effectiveness of these IPHC 
annual management measures and to inform persons subject to them of 
their restrictions and requirements.

DATES: Effective February 29, 2004.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting either the International Pacific Halibut 
Commission, P.O. Box 95009, Seattle, WA 98145-2009, or Sustainable 
Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668.

FOR FURTHER INFORMATION CONTACT: Bubba Cook, 907-586-7425 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2004 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 2004 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 2005 management measures, which NMFS will publish in the Federal 
Register.
    The IPHC held its annual meeting in Juneau, Alaska, on January 19-
23, 2004, and adopted regulations for 2004. The substantive changes to 
the previous IPHC regulations (68 FR 10989, March 7, 2003) include:
    1. New commercial fishery opening date of February 29, 2004, in 
IPHC areas other than Area 2A;
    2. Opening dates for the Area 2A commercial directed halibut 
fishery;
    3. Season dates for the Area 2A tribal fishery;
    4. Revising the provisions for retention of tagged halibut;
    5. Removing the requirement to mark setline or skate marker buoys 
with the vessel name;
    6. Revising the regulation referring to the Prohibited Species 
Donation Program administered by NMFS to state that a person may 
``retain, possess, and dispose'' of halibut from this program; and
    7. Removing an obsolete regulation that made implementation of the 
Customary and Traditional Fishery Regulations in Alaska contingent on 
NMFS' publication of regulations governing this fishery.
    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2004 totaling 76,505,000 lbs (34,702,100 kg). 
The IPHC staff reported on the assessment of the Pacific halibut stock 
in 2003. Some significant changes occurred in the assessment, including 
the first separate assessment of the male and female components of the 
stock. Lower growth rates of halibut in recent years and different 
growth rates for the sexes prompted the staff to perform the separate 
assessments to ensure that mortality of the females was not excessive. 
Staff also undertook the first analytical assessments of Areas 3B, 4A, 
and 4B. Changes in the rate at which fish, especially males, recruit to 
the fishery will require additional analyses over the coming year to 
determine if the existing 32-inch (81.3 cm) size limit is still 
appropriate. Over the coming year, the Commission staff will continue 
to investigate 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. A 
joint industry-Commission working group will address and report on this 
issue during 2004. The halibut stock is healthy in the central and 
southern portions of the range (Areas 3A through 2A) but is believed to 
have declined in Areas 3B through Area 4, and lower catch limits are 
required in those areas.

Catch Sharing Plan (CSP) for Area 2A

    The PFMC develops the Area 2A CSP under authority of the Halibut 
Act, although the IPHC ultimately approves the CSP and any 
modifications to it. 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 Assistant Administrator for 
Fisheries, NOAA. 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. 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.
    This action approves, but does not implement, the CSP for 
regulatory Area 2A. On February 23, 2004, (69 FR 8162), NMFS published 
a proposed rule to implement the CSP changes for 2004 and to implement 
the 2004 Area 2A sport fishing season regulations. The 2004 Area 2A CSP 
and the Area 2A sport fishing season regulations will be implemented by 
a final rule separate from this action. Sections 24(4)(b), 24(10), and 
25 through 27 are not revised by this action, but will be revised by 
publication of the separate final rule implementing the Area 2A CSP. 
These sections primarily address the Area 2A sport fisheries. None of 
the 2004 changes to the CSP affect either the tribal fisheries or the 
non-tribal commercial fisheries. Therefore, IPHC management measures 
for those fisheries are implemented through this final rule.

Annual Halibut Management Measures

    The annual management measures that follow for the 2004 Pacific 
halibut fishery are those adopted by the IPHC and approved by the 
Secretary of State.

[[Page 9232]]

2004 Pacific Halibut Fishery Regulations
    Regulations respecting the Convention Between Canada and the United 
States of America for the Preservation of the Halibut Fishery of the 
Northern Pacific Ocean and Bering Sea

1. Short Title

    These regulations may be cited as the Pacific Halibut Fishery 
Regulations.

2. Application

    (1) These Regulations apply to persons and vessels fishing for 
halibut in, or possessing halibut taken from, the maritime area as 
defined in Section 3.
    (2) Sections 3 to 6 apply generally to all halibut fishing.
    (3) Sections 7 to 20 apply to commercial fishing for halibut.
    (4) Section 21 applies to tagged halibut caught by any vessel.
    (5) Section 22 applies to the United States treaty Indian fishery 
in subarea 2A-1.
    (6) Section 23 applies to customary and traditional fishing in 
Alaska.
    (7) Section 24 applies to sport fishing for halibut.
    (8) 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 NMFS regulations published at 50 
CFR Part 300, the resulting catch of which is sold or bartered; or is 
intended to be sold or bartered;
    (e) Commission means the International Pacific Halibut Commission;
    (f) Daily bag limit means the maximum number of halibut a person 
may take in any calendar day from Convention waters;
    (g) Fishing means the taking, harvesting, or catching of fish, or 
any activity that can reasonably be expected to result in the taking, 
harvesting, or catching of fish, including specifically the deployment 
of any amount or component part of setline gear anywhere in the 
maritime area;
    (h) Fishing period limit means the maximum amount of halibut that 
may be retained and landed by a vessel during one fishing period;
    (i) Land or offload with respect to halibut, means the removal of 
halibut from the catching vessel;
    (j) License means a halibut fishing license issued by the 
Commission pursuant to section 4;
    (k) Maritime area, in respect of the fisheries jurisdiction of a 
Contracting Party, includes without distinction areas within and 
seaward of the territorial sea and internal waters of that Party;
    (l) Operator, with respect to any vessel, means the owner and/or 
the master or other individual on board and in charge of that vessel;
    (m) Overall length of a vessel means the horizontal distance, 
rounded to the nearest foot, between the foremost part of the stem and 
the aftermost part of the stern (excluding bowsprits, rudders, outboard 
motor brackets, and similar fittings or attachments);
    (n) Person includes an individual, corporation, firm, or 
association;
    (o) Regulatory area means an area referred to in section 6;
    (p) Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached;
    (q) Sport fishing means all fishing other than commercial fishing, 
treaty Indian ceremonial and subsistence 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 NMFS regulations 
published in 50 CFR Part 300;
    (r) Tender means any vessel that buys or obtains fish directly from 
a catching vessel and transports it to a port of landing or fish 
processor;
    (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

[[Page 9233]]

the salmon troll season in Area 2A must have its ``Application for 
Vessel License for the Halibut Fishery'' form postmarked no later than 
11:59 p.m. on March 31, or the first weekday in April if March 31 is a 
Saturday or Sunday.
    (9) Application forms may be obtained from any authorized officer 
or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only during 
the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or redocumented.
    (14) The license required under this section is in addition to any 
license, however designated, that is required under the laws of the 
United States or any of its States.
    (15) The United States may suspend, revoke, or modify any license 
issued under this section under policies and procedures in 15 CFR Part 
904.

5. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations 
during the season after determining that such action:
    (a) Will not result in exceeding the catch limit established 
preseason for each regulatory area;
    (b) Is consistent with the Convention between the United States of 
America and Canada for the Preservation of the Halibut Fishery of the 
Northern Pacific Ocean and Bering Sea, and applicable domestic law of 
either Canada or the United States; and
    (c) Is consistent, to the maximum extent practicable, with any 
domestic catch sharing plans or other domestic allocation programs 
developed by the United States or Canadian governments.
    (2) In-season actions may include, but are not limited to, 
establishment or modification of the following:
    (a) Closed areas;
    (b) Fishing periods;
    (c) Fishing period limits;
    (d) Gear restrictions;
    (e) Recreational bag limits;
    (f) Size limits; or
    (g) Vessel clearances.
    (3) In-season changes will be effective at the time and date 
specified by the Commission.
    (4) The Commission will announce in-season actions under this 
section by providing notice to major halibut processors; Federal, 
State, United States treaty Indian, Provincial fishery officials, and 
the media.

6. Regulatory Areas

    The following areas shall be regulatory areas (see Figure 1) for 
the purposes of the Convention:
    (1) Area 2A includes all waters off the states of California, 
Oregon, and Washington;
    (2) Area 2B includes all waters off British Columbia;
    (3) Area 2C includes all waters off Alaska that are east of a line 
running 340 true from Cape Spencer Light (5811[min]54[sec] N. 
lat., 13638[min]24[sec] W. long.) and south and east of a line 
running 205 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 
(5741[min]15[sec] N. lat., 15535[min]0[sec] W. long.) to Cape 
Ikolik (5717[min]17[sec] N. lat., 15447[min]18[sec] W. 
long.), then along the Kodiak Island coastline to Cape Trinity 
(5644[min]50[sec] N. lat., 15408[min]44[sec] W. long.), then 
140 true;
    (5) Area 3B includes all waters between Area 3A and a line 
extending 150 true from Cape Lutke (5429[min]00[sec] N. lat., 
16420[min]00[sec] W. long.) and south of 5449[min]00[sec] 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 17200[min]00[sec] W. long. and south of 
5620[min]00[sec] N. lat.;
    (7) Area 4B includes all waters in the Bering Sea and the Gulf of 
Alaska west of Area 4A and south of 5620[min]00[sec] 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 
17100[min]00[sec] W. long., south of 5800[min]00[sec] N. 
lat., and west of 16800[min]00[sec] 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 16800[min]00[sec] 
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 
16800[min]00[sec] W. long., and south of 6534[min]00[sec] 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, 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 23, 
July 14, July 28, August 11, August 25, September 15, and September 29 
unless the Commission specifies otherwise.
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    \2\ The directed fishery is restricted to waters that are south 
of Point Chehalis, Washington (4653[min]18[sec] N. lat.) under 
regulations promulgated by NMFS and published in the Federal 
Register.
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    (3) Notwithstanding paragraph (7) of section 11, an incidental 
catch fishery \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 (4653[min]18 N. lat. under regulations 
promulgated by NMFS and published in the Federal Register.
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    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, 
an incidental catch fishery is authorized during salmon troll seasons 
in Area 2A in accordance with regulations promulgated by NMFS.
    (5) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 
4E shall begin at 1200 hours local time on February 29 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.

[[Page 9234]]

    (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 5500'00'' N. lat. in 
Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(5436'0'' N. lat., 16455'42'' W. long.) to a point at 
5620'00'' N. lat., 16830'00'' W. long.; thence to a point at 
5821'25'' N. latitude, 16300'00'' W. long.; thence to 
Strogonof Point (5653'18'' N. lat., 15850'37'' 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 5500'00'' N. lat. and 5449'00'' 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           -----------------------------------
                                           Pounds          Metric tons
------------------------------------------------------------------------
2A: directed commercial, and                   297,029             134.7
 incidental commercial during salmon
 troll fishery......................
2A: incidental commercial during                70,000              31.7
 sablefish fishery..................
2B \4\..............................        13,800,000            6258.5
2C..................................        10,500,000           4,761.9
3A..................................        25,060,000          11,365.1
3B..................................        15,600,000           7,074.8
4A..................................         3,470,000           1,573.7
4B..................................         2,810,000           1,274.4
4C..................................         1,720,000             780.0
4D..................................         1,720,000             780.0
4E..................................           345,000             156.5
------------------------------------------------------------------------

    (2) Notwithstanding paragraph (1), regulations pertaining to the 
division of the Area 2A catch limit between the directed commercial 
fishery and the incidental catch fishery as described in paragraph (4) 
of section 8 will be promulgated by NMFS and published in the Federal 
Register.
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    \4\ Area 2B includes combined commercial and sport catch limits 
which will be allocated by DFO.
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    (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 
IVQs assigned by DFO 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 IFQs and all CDQs issued by 
NMFS have been taken, or November 15, whichever is earlier:
    (6) If the Commission determines that the catch limit specified for 
Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour 
fishing period as specified in paragraph (2) of section 8, the catch 
limit for that area shall be considered to have been taken unless 
fishing period limits are implemented.
    (7) When under paragraphs (2), (3), and (6) the Commission has 
announced a date on which the catch limit for Area 2A will be taken, no 
person shall fish for halibut in that area after that date for the rest 
of the year, unless the Commission has announced the reopening of that 
area for halibut fishing.
    (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 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;

[[Page 9235]]

    (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.
    (2) No person shall possess on board a vessel a halibut filleted or 
a halibut that has been mutilated, or otherwise disfigured in any 
manner that prevents the determination of whether the halibut complies 
with the size limits specified in this section, except that this 
paragraph shall not prohibit the possession on board a vessel:
    (a) Of halibut cheeks cut from halibut caught by persons authorized 
to process the halibut on board in accordance with NMFS regulations 
published at 50 CFR Part 679; and
    (b) Of fillets from halibut that have been offloaded in accordance 
with section 17 may be possessed on board the harvesting vessel in the 
port of landing up to 1800 hours local time on the calendar day 
following the offload.\5\
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    \5\ DFO has more restrictive regulations therefore section 
13(2)b does not apply to fish caught in Area 2B or landed in British 
Columbia.
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    (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).
    (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

[[Page 9236]]

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/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 transits to port of landing, and until the offloading of all 
halibut is completed.
    (4) The log referred to in paragraph (1) does not apply to the 
incidental halibut fishery during the salmon troll season in Area 2A 
defined in paragraph (4) of section 8.
    (5) The operator of any Canadian vessel fishing for halibut shall 
maintain an accurate log recorded in the British Columbia Halibut 
Fishery logbook provide by DFO.
    (6) The logbook referred to in paragraph (5) must include the 
following information:
    (a) The name of the vessel and the Department of Fisheries and 
Ocean's vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude or loran coordinates or a direction 
and distance from a point of land for each set or day;
    (d) The number of skates deployed or retrieved, and number of 
skates lost; and
    (e) The total weight or number of halibut retained for each set or 
day.
    (7) The logbook referred to in paragraph (5) shall be
    (a) Maintained on board the vessel;
    (b) Updated not later than 24 hours after midnight local time for 
each day fished and prior to the offloading or sale of halibut taken 
during that fishing trip;
    (c) Retained for a period of two years by the owner or operator of 
the vessel;
    (d) Open to inspection by an authorized officer or any authorized 
representative of the Commission upon demand;
    (e) Kept on board the vessel when engaged in halibut fishing, 
during transits to port of landing, and until the offloading of all 
halibut is completed;
    (f) Mailed to the Department of Fisheries and Oceans (white copy) 
within seven days of offloading; and
    (g) Mailed to the 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.\6\
---------------------------------------------------------------------------

    \6\ 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 NMFS and codified at 50 CFR Part 679) who receives 
halibut harvested in IFQ and 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

[[Page 9237]]

halibut fishing must weigh and record all halibut on board said vessel 
at the time offloading commences and record on Provincial fish tickets 
or Federal catch reports the date, locality, name of vessel, the 
name(s) of the person(s) from whom the halibut was purchased; and the 
scale weight obtained at the time of offloading of all halibut on board 
the vessel including the pounds purchased; pounds in excess of IVQs; 
pounds retained for personal use; and pounds discarded as unfit for 
human consumption.
    (7) No person shall make a false entry on a State or Provincial 
fish ticket or a Federal catch or landing report referred to in 
paragraphs (4), (5), and (6) of section 17.
    (8) A copy of the fish tickets or catch reports referred to in 
paragraphs (4), (5), and (6) shall be:
    (a) retained by the person making them for a period of three years 
from the date the fish tickets or catch reports are made; and
    (b) Open to inspection by an authorized officer or any authorized 
representative of the Commission.
    (9) No person shall possess any halibut 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 \7\ published at 50 CFR Section 679.7(f)(4); and
---------------------------------------------------------------------------

    \7\ 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.
    (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 state license number; or
    (b) 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, possess, and dispose of halibut taken with trawl 
gear only as authorized by the Prohibited Species Donation regulations 
of NMFS.

20. 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.

21. 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 
external 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.

[[Page 9238]]

    (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 only if the halibut is caught during commercial 
halibut fishing and it complies with the other commercial fishing 
provisions of these regulations.
    (3) Externally tagged fish must count against commercial IVQs, 
CDQs, IFQs, or daily bag or possession limits unless otherwise exempted 
by state, provincial, or federal regulations.

22. Fishing by United States Treaty Indian Tribes

    (1) Halibut fishing in subarea 2A-1 by members of United States 
treaty Indian tribes located in the State of Washington shall be 
regulated under regulations promulgated by NMFS and published in the 
Federal Register.
    (2) Subarea 2A-1 includes all waters off the coast of Washington 
that are north of 4653[min]18[sec] N. lat. and east of 
12544[min]00[sec] 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 February 29 through November 15, or until 
523,600 lbs (237.5 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 19,400 lbs (8.8 mt).

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.

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
    (I) 272,942 lbs (123.8 mt) in waters off Washington and
    (ii) 297,029 lbs (134.7 mt) in waters off California and Oregon;
    (b) * * *
    (c) The Commission shall determine and announce closing dates to 
the public for any area in which the catch limits promulgated by NMFS 
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) * * *
    (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

* * * * *

26. Fishery Election in Area 2A

* * * * *

27. Area 2A Non-Treaty Commercial Fishery Closed Area

* * * * *

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
    The provisions of the Administrative Procedure Act (5 U.S.C. 553) 
requiring prior notice and an opportunity for public comment, and a 
delay in effective date are inapplicable because this regulation 
involves a military or foreign affairs function of the United States (5 
U.S.C. 553(a)(1)). Further, no other law requires that prior notice and 
an opportunity for public comment be given for this rule. 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.

List of Subjects in 50 CFR part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

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

    Dated: February 23, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
BILLING CODE 3510-22-P
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[GRAPHIC] [TIFF OMITTED] TR27FE04.009

[FR Doc. 04-4371 Filed 2-26-04; 8:45 am]
BILLING CODE 3510-22-C