[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Rules and Regulations]
[Pages 11681-11697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6025]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0812311655-9277-02]
RIN 0648-AX44


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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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 (waters off the U.S. West Coast) and 
implementing regulations for 2009, and announces approval of the Area 
2A CSP. 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) (Councils).

DATES: The IPHC's 2009 annual management measure are effective March 4, 
2009 except for the measures in section 26 which are effective April 
20, 2009. The 2009 management measures are effective until superseded 
by the 2010 management measures that will be published in the Federal 
Register.
    The amendments to Sec. Sec.  300.61 and 300.64 are effective April 
20, 2009.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting: the International Pacific Halibut 
Commission, P.O. Box 95009, Seattle, WA 98145-2009; or Sustainable 
Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Ellen Sebastian, Records Officer; or Sustainable 
Fisheries Division, NMFS Northwest Region, 7600

[[Page 11682]]

Sand Point Way, NE, Seattle, WA 98115. This final rule also is 
accessible via the Internet at the Government Printing Office's website 
at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Peggy Murphy, 
907-586-8743 , e-mail at [email protected]; or, for waters off the 
U.S. West Coast, Sarah Williams, 206-526-4646, email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The IPHC has promulgated regulations governing the Pacific halibut 
fishery in 2009 under the Convention between the United States and 
Canada for the Preservation of the Halibut Fishery of the North Pacific 
Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 
2, 1953, as amended by a Protocol Amending the Convention (signed at 
Washington, D.C., on March 29, 1979). The IPHC regulations have been 
accepted by the Secretary of State of the United States as provided by 
the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 
773-773k.
    The Halibut Act provides the Secretary with the authority and 
general responsibility to carry out the requirements of the Convention 
and the Halibut Act. The Regional Fishery Management Councils may 
develop and the Secretary may implement regulations governing 
harvesting privileges among U.S. fishermen in U.S. waters that are in 
addition to, and not in conflict with approved IPHC regulations. The 
NPFMC has exercised this authority most notably in developing a suite 
of halibut management programs that correspond to the three fisheries 
that harvest halibut in Alaska - the subsistence, commercial, and sport 
fisheries. Subsistence and sport halibut fishery management measures 
are codified at 50 CFR 300.65. Commercial halibut fisheries operate 
within the Individual Fishing Quota (IFQ) Program and Community 
Development Quota (CDQ) Program (50 CFR part 679) and through area-
specific catch sharing plans. Regulations for sport fisheries for 
halibut including a CSP also are being developed pursuant to the NPFMC 
authority under the Halibut Act. The PFMC also exercises this authority 
in its annual development of a CSP among sectors of the halibut 
fisheries in IPHC Area 2A. This CSP encompasses fisheries in 
Washington, Oregon, and California and applies to groups within treaty 
Indian, non-Indian commercial and non-Indian sport fisheries. A group 
may include tribal commercial and tribal ceremonial and subsistence 
fisheries.
    The structure of each Council's CSP affects how each plan is 
promulgated. The Secretary implemented the Area 2A CSP recommended by 
the PFMC in 1995. Each year between 1995 and the present, the PFMC has 
adopted minor revisions to the plan to account for needs of the 
fisheries. These revisions are implemented in regulations for the Area 
2A CSP through annual rule making and annual IPHC review and 
recommendation of management measures for Secretarial review. The Area 
2A CSP regulations are part of the IPHC annual management measures and 
are superseded each year by new implementing regulations.
    The NPFMC implemented a CSP among commercial IFQ and CDQ halibut 
fisheries in IPHC Areas 4C, 4D and 4E (Area 4) through rule making and 
the Secretary approved the plan on March 20, 1996 (61 FR 11337). The 
Area 4 CSP regulations were codified in the Code of Federal Regulations 
(50 CFR 300.65) and amended through rule making on March 17, 1998 (63 
FR 13000). New annual regulations pertaining to the Area 4 CSP also may 
be implemented through IPHC review and recommendation for Secretarial 
review.
    Publication of this final rule announces that the U.S. government 
has accepted the annual management measures recommended by the IPHC, 
implements regulations supporting annual management measures 
recommended by IPHC, and implements the Area 2A CSP. The proposed rule 
for the Area 2A CSP was published on January 14, 2009 (74 FR 2032).
    The NPFMC is developing a regulatory program to manage the guided 
sport fishery for halibut in Areas 2C (Southeast Alaska) and 3A 
(Central Gulf of Alaska). Work on this program has focused on a 
proposed rule for a limited access system for vessels in the guided 
sport fishery for halibut. The NPFMC also recommended regulations for a 
CSP to apportion halibut between the commercial and guided sport 
fisheries and to provide for lease of commercial halibut IFQ to charter 
vessel operators. A final rule is being prepared for the Area 2C guided 
sport fishery for halibut to impose a daily bag limit of one halibut 
for each charter vessel angler, prevent charter vessel guides, 
operators and crew from harvesting halibut, and restrict the number of 
lines used to fish for halibut on a charter vessel and add certain 
recordkeeping and reporting requirements. This action is being taken 
because a similar rule NMFS published May 28, 2008 (73 FR 30504) was 
withdrawn on September 11, 2008 (73 FR 52795). NMFS proposed a separate 
rule making on December 22, 2008 to implement this action (73 FR 78276) 
in Area 2C. The proposed rule would reduce sport fishing mortality of 
halibut in the Area 2C charter vessel fishery giving effect to the 
NPFMC's intent to keep the harvest of charter vessel anglers close to 
the Council's Guideline Harvest Level (GHL). NMFS provides annual 
notice of the GHL for Areas 2C and 3A to meet regulatory requirements 
and inform the public. Notice was published this year on February 24, 
2009 (74 FR 8232).
    Pursuant to regulations at 50 CFR 300.62, the approved IPHC 
regulations setting forth the 2009 IPHC annual management measures are 
published in the Federal Register to provide notice of their immediate 
regulatory effect, and to inform persons subject to the regulations of 
the restrictions and requirements. The 2009 management measures became 
effective on March 4, 2009 and will stay in effect until superseded by 
the 2010 management measures, which NMFS will publish in the Federal 
Register. As noted, NMFS anticipates implementing more restrictive 
regulations for the Area 2C guided sport fishery for halibut and 
participants in that fishery are advised to check the current federal 
regulations and check with IPHC prior to fishing.
    The IPHC held its annual meeting in Vancouver, British Columbia, 
January 12-16, 2009, and adopted regulations for 2009. The substantive 
changes to the previous IPHC regulations (73 FR 12280, March 7, 2008) 
include:
    1. New halibut catch limits in all regulatory areas;
    2. New commercial halibut fishery opening dates;
    3. Revisions of regulations regarding possession of Area 4 halibut 
on a vessel with a Vessel Monitoring System (VMS);
    4. Exemption of possession limits for transport of sport caught 
halibut and clarification of possession limit language.
    5. Revision of regulations in paragraph 19, governing fishing 72-
hours prior to any commercial opening in Area 2A to clarify the 
regulations intent; and
    6. Adopt the revised CSP and 2009 recreational management measures 
for Area 2A.
    Other changes to the IPHC regulations include: clarifying the 
interpretation of commercial fishing in paragraph 3 as fishing with the 
intent to sell or barter the catch and adding sport fishing to the list 
of activities that do not constitute ``commercial fishing''; adding the 
word

[[Page 11683]]

commercial to references for the directed fishery to clarify the 
regulations in paragraphs 8 and 19; and adding the word ``pieces'' to 
reference side specific parts of a cut up halibut in paragraph 28.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2009 totaling 54,080,000 pounds (24,530 mt), a 
10.4 percent reduction from the 2008 catch limit. The decline in the 
catch limit is attributed to the exceptionally strong 1987 and 1988 
year classes passing out of the fishery. Recruitment of the 1994 and 
1995 year classes is above average and the 1999 and 2000 year classes 
are estimated to be above average but several years away from making 
major contributions to the exploitable biomass of the stock.
    The IPHC staff reported on the 2008 assessment of the Pacific 
halibut stock that estimated coastwide biomass, with apportionment to 
regulatory biomass, based on the data from the annual Commission 
assessment survey. The total of the IPHC staff catch limit 
recommendations was accepted, but there were differences from staff 
recommendations and the limits adopted by IPHC for most areas.
    The IPHC recommended a 20 percent harvest rate for Areas 2A through 
Area 3B and a harvest rate of 15 percent for Areas 4B and 4CDE. Because 
of concerns over continued decline in catch rates in Area 4A, an 
analysis of productivity was conducted for this area during 2008. The 
analysis recommended a reduction of the harvest rate to 15 percent for 
Area 4A, similar to that for the other areas of the Bering Seas (Areas 
4B and 4CDE). Catch limits adopted by the IPHC for 2009 were lower for 
most regulatory areas except: Area 3B where IPHC with advice from its 
advisory bodies, recommended a catch limit the same as that in 2008; 
and Area 4B where the recommended catch limit increased slightly in 
2009.

Commercial Halibut Fishery Opening Dates

    The opening date for the tribal commercial fishery in Area 2A and 
for the commercial halibut fisheries in Areas 2B through 4E is March 
21, 2009. The date takes into account a number of factors including, 
tides, timing of halibut migration and spawning, marketing for seasonal 
holidays, and interest in getting product in to the processing plants 
before the herring season opens. The close of the commercial halibut 
fishery is November 15, 2009.
    In the Area 2A directed fishery, each fishing period shall begin at 
0800 hours and terminate at 1800 hours local time on June 24, July 8, 
July 22, August 5, August 19, September 2, September 16 and September 
30, unless the Commission specifies otherwise. These 10-hour openings 
will occur until the quota is taken and the fishery is closed.

Harvest in Multiple Areas of Area 4

    New provisions for Fishing Multiple Regulatory Areas, paragraph 18, 
subparagraph (3)(a) and (b) allow possession of halibut on board a 
vessel that have been caught in more than one of the IPHC regulatory 
Areas 4A, 4B, 4C, or 4D when a NMFS certified observer is on board; or 
when the operator of the vessel has an operational VMS on board 
actively transmitting in all regulatory areas fished and the operator 
abides by specific halibut retention provisions.
    The regulation also clarifies the specific provisions for retaining 
halibut from multiple Areas in Area 4. The word ``cumulatively'' was 
added to describe the amount of IFQ available for fishing in a single 
Area in Area 4 from the IFQ permit holders on board the vessel. The 
method for separating each halibut caught in one regulatory area from 
each halibut caught in a different regulatory area also was updated to 
indicate halibut could be separated in more than one hold.

Halibut Transport

    The regulation of sport halibut possession limits in Alaska in 
paragraph 28(2) is revised to better accommodate flexibility needed by 
anglers to keep lawfully harvested fish while not undermining NMFS's 
ability to monitor compliance with IPHC daily bag limits. To enforce 
the daily bag limit, the number of halibut in a person's possession 
must not exceed two daily bag limits. This possession limit created a 
problem for anglers who fish from remote lodges or camps for three or 
more days and who use vessels to transport their total halibut harvest 
to a central port. To accommodate vessels used for such transportation, 
the revision of paragraph 28 (2) exempts persons from the possession 
limit if the vessel they are using does not contain sport fishing gear, 
fishing rods, hand lines, or gaffs. The restriction on gear is 
necessary to distinguish a vessel fishing for halibut from a vessel 
transporting halibut because both vessels would be considered a 
``fishing vessel'' as that term is defined in the Halibut Act at 
section 773(f). Further,` revising the term ``fishing vessel'' in 
paragraph 28(2) to read more simply ``vessel'' will allow more precise 
enforcement of the possession limit.

Area 2A Pre-fishing Period Requirements

    The change would add a requirement that vessels and skippers 
fishing before the 72-hours immediately prior to the opening would have 
to offload their catch or be subject to a hold inspection before taking 
part in the halibut fishery. Without this change, persons or vessels 
using setline gear to fish for any species of fish during the 72-hour 
period immediately before the halibut fishing period could not 
participate in the halibut fishery at all. The change would allow 
enforcement officers to determine whether the person or vessel in 
question commenced halibut fishing prior to the opening of the fishery, 
and allows for more flexibility with respect to participation in both 
non-halibut and halibut fisheries.

Change to Federal Regulations

    Addition of the Nooksack Tribe and their fishing areas to the 
definition of ``Treaty Indian tribes'' at Sec.  300.61.
    To recognize the treaty rights of the Nooksack tribe, the 
definition of treaty Indian tribes will now include this tribe, in 
addition their fishing area will be added to the tribal fishing areas 
listed at Sec.  300.64.

Catch Sharing Plan (CSP) and 2009 Recreational Management Measures for 
Area 2A

    For 2009 and beyond, PFMC recommended changes to the Federal 
Regulations and the CSP to modify the Pacific halibut fisheries in Area 
2A to: 1. Remove the provision that divides the Washington North Coast 
subarea quota between May and June; 2. Change the Washington North 
Coast subarea to a 2-day per week fishery, Thursday and Saturday, from 
a 3-day per week fishery; 3. Change the June re-opening date in the 
Washington North Coast subarea to the first Thursday in June, from the 
status-quo of the first Tuesday and Thursday after June 16; 4. Clarify 
that the nearshore set-aside in the Washington South Coast subarea is 
10 percent of the subquota, or 2,000 pounds, whichever is less, rather 
than a straight 10 percent of the subquota; 5. Set the Washington South 
Coast subarea to open the first Sunday in May and continue to be open 
on Sundays and Tuesdays in May, except that beginning on the third week 
in May the fishery would be open on Sunday only until the quota for the 
primary season is reached. Under status-quo the fishery was open 2 days 
a week until the quota was achieved; 6. Set the nearshore fishery in

[[Page 11684]]

the Washington South Coast subarea as a 4-day per week fishery, open 
Thursday, Friday, Saturday and Sunday, during and after the primary 
season. Under status-quo the nearshore fishery was open only after the 
primary fishery was closed, leaving a large amount of unfished quota, 
in 2008 only 158 pounds out of the 4,460 pound quota was caught; 7. 
Specify that in addition to the South Coast YRCA, recreational fishing 
for groundfish and halibut will be prohibited in the newly created 
Westport Offshore YRCA; 8. Change the Columbia River subarea spring 
fishery to a 3-day per week fishery, open Thursday, Friday and 
Saturday, until 70 percent of the subarea allocation is taken or until 
the third Sunday in July, whichever is earlier. Under status-quo this 
was a 7-day per week fishery; 9. Specify that in the Oregon Central 
Coast subarea Pacific cod may be retained with a halibut on the vessel 
during the all-depth openings. Under status-quo Pacific cod retention 
was not allowed. The change is intended to make retention consistent in 
the areas north and south of Cape Falcon and Pacific cod are rarely 
encountered south of Cape Falcon; 10. Add the Nooksack tribe to the 
definition of ``Treaty Indian tribes'' in the federal regulations; 11. 
Add the Nooksack tribal fishing area boundaries to the federal 
regulations. NMFS published a proposed rule to implement the PFMC's 
recommended changes to the Federal Regulations and the CSP, and to 
implement the 2009 Area 2A sport fishing season regulations on January 
14, 2009 (74 FR 2032).
    This final rule Implements the Annual Management Measures for the 
2009 Pacific Halibut Fisheries and changes to the Area 2A Catch Sharing 
Plan and Federal Regulations, and Approves the Catch Sharing Plan for 
Area 2A. The halibut management measures for 2009 became effective 
March 4, 2009 and stay in effect until superseded by the 2010 halibut 
management measures, which will be published in the Federal Register.

Comments and Responses

    NMFS accepted comments through February 1, 2009, on the proposed 
rule to implement the 2009 Area 2A CSP and received one letter of 
comment apiece from Washington Department of Fish and Wildlife (WDFW) 
and Oregon Department of Fish and Wildlife (ODFW).
    Comment 1: The WDFW held a public meeting on February 2, 2009, to 
review the results of the 2008 Puget Sound halibut fishery, and to 
develop season dates for the 2009 sport halibut fishery. Based on the 
2009 Area 2A total allowable catch of 950,000 pounds (430.9 mt,) the 
halibut quota for the Puget Sound sport fishery is 57,393 lb (26.03 
mt.) Applying WDFW's Fishing Equivalent Day (FED) method for estimating 
the Puget Sound fishery's season length, and applying the highest catch 
per FED in the past five years, there are 52 FEDs available in 2009. 
WDFW recommends that the regions within the Puget Sound sport halibut 
fishery will be open 5 days a week (Thursday through Monday) as 
follows: Eastern Region to be open April 23 through June 5, 2009; and 
Western Region to be open May 21 through July 3, 2009.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates and has implemented them via this final rule.
    Comment 2: ODFW held a public meeting on January 22, 2009, to 
gather comments on the open dates for the recreational all-depth 
fishery in Oregon's Central Coast sub-area. Since 2004, the number of 
open fishing days that could be accommodated in the Spring fishery has 
been roughly constant. The catch limit for this sub-area's Spring 
season will be 124,261lb (56.3mt) in 2009, based on the IPHC's 2009 TAC 
for Area 2A. Given the relatively constant effort pattern in recent 
years, and the reduced quota level in 2009 from more similar levels in 
2008 and 2007, ODFW recommends setting a Central Coast all-depth 
fishery of 12 days, with 11 additional back-up dates, in case the sub-
area's Spring quota is not taken in the initial 12 days. ODFW 
recommends the following days for the Spring fishery, within this sub-
area's parameters for a Thursday-Saturday season and with weeks of 
adverse tidal conditions skipped (except for the opening weekend): 
regular open days of May 14-16, May 21-23, May28-30, June 4-6; back-up 
open days of June 18-20, July 2-4, July 16-18, and July 30-31. For the 
Summer fishery in this sub-area, ODFW recommended following the CSP's 
parameters of opening the first Friday in August, with open days to 
occur every other Friday-Sunday, unless modified in-season within the 
parameters of the CSP. Under the CSP, the 2009 summer all-depth fishery 
in Oregon's Central Coast sub-area would occur: August 7-9, August 21-
23, September 4-6, September 18-20, October 2-4, October 16-18, and 
October 30-31.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates and has implemented them via this final rule.

Changes from the Proposed Rule

    On January 14, 2009, NMFS published a proposed rule on changes to 
the CSP and recreational management measures for Area 2A (74 FR 2032). 
The final catch limits and total allowable catch numbers were not 
available until January 16, 2009, which was after the publication of 
the proposed rule. The proposed rule, therefore, was issued based on 
the preliminary estimate of the 2A TAC of 860,000 pounds. The final 2A 
TAC is 950,000 pounds which is higher than the preliminary estimate for 
2009, but lower than the 2008 2A TAC of 1,220,000 pounds. Most of the 
changes in this final rule are updates to subarea catch limits based on 
the final TAC. There are no other substantive changes from the proposed 
rule.

Annual Halibut Management Measures

    The annual management measures that follow for the 2009 Pacific 
halibut fishery are those recommended by the IPHC and accepted by the 
Secretary of State, with concurrence of the Secretary of Commerce. The 
sport fishing regulations for Area 2A, included in paragraph 26, are 
consistent with the measures adopted by the Commission and approved by 
the Secretary of State, but were developed by the Pacific Fishery 
Management Council and promulgated by the United States under the 
Halibut Act.

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 Aboriginal groups fishing for food, 
social and ceremonial purposes in British Columbia.
    (8) Sections 25 to 28 apply to sport fishing for halibut.
    (9) These Regulations do not apply to fishing operations authorized 
or conducted by the Commission for research purposes.

[[Page 11685]]

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 Wildlife Troopers 
(AWT), 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, the resulting catch of 
which is sold or bartered; or is intended to be sold or bartered, other 
than
    (i) sport fishing,
    (ii) treaty Indian ceremonial and subsistence fishing as referred 
to in section 22,
    (iii) 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, and
    (iv) Aboriginal groups fishing in British Columbia as referred to 
in section 24;
    (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) ``net weight'' of a halibut means the weight of halibut that is 
without gills and entrails, head-off, washed, and without ice and 
slime. If a halibut is weighed with the head on or with ice and slime, 
the required conversion factors for calculating net weight are a 2% 
deduction for ice and slime and a 10% deduction for the head.
    (m) ``operator,'' with respect to any vessel, means the owner and/
or the master or other individual on board and in charge of that 
vessel;
    (n) ``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);
    (o) ``person'' includes an individual, corporation, firm, or 
association;
    (p) ``regulatory area'' means an area referred to in section 6;
    (q) ``setline gear'' means one or more stationary, buoyed, and 
anchored lines with hooks attached;
    (r) ``sport fishing'' means all fishing other than i) commercial 
fishing, ii) treaty Indian ceremonial and subsistence fishing as 
referred to in section 22, iii) 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, and iv) Aboriginal groups 
fishing in British Columbia as referred to in section 24;
    (s) ``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;
    (t) ``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\
---------------------------------------------------------------------------

    \1\[thinsp]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.

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 PM 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 PM 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 the documentation is changed.
    (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.

[[Page 11686]]

    (15) The United States may suspend, revoke, or modify any license 
issued under this section under policies and procedures in Title 15, 
CFR Part 904.

5. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations 
during the season after determining that such action:
    (a) will not result in exceeding the catch limit established 
preseason for each regulatory area;
    (b) is consistent with the Convention between the United States of 
America and Canada for the Preservation of the Halibut Fishery of the 
Northern Pacific Ocean and Bering Sea, and applicable domestic law of 
either Canada or the United States; and
    (c) is consistent, to the maximum extent practicable, with any 
domestic catch sharing plans or other domestic allocation programs 
developed by the United States or Canadian governments.
    (2) In-season actions may include, but are not limited to, 
establishment or modification of the following:
    (a) closed areas;
    (b) fishing periods;
    (c) fishing period limits;
    (d) gear restrictions;
    (e) recreational bag limits;
    (f) size limits; or
    (g) vessel clearances.
    (3) In-season changes will be effective at the time and date 
specified by the Commission.
    (4) The Commission will announce in-season actions under this 
section by providing notice to major halibut processors; Federal, 
State, United States treaty Indian, and 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[deg] true from Cape Spencer Light (58[deg]11'54'' N. 
latitude, 136[deg]38'24'' W. longitude) 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. latitude, 155[deg]35'00'' W. longitude) to Cape Ikolik 
(57[deg]17'17'' N. latitude, 154[deg]47'18'' W. longitude), then along 
the Kodiak Island coastline to Cape Trinity (56[deg]44'50'' N. 
latitude, 154[deg]08'44'' W. longitude), 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. latitude, 
164[deg]20'00'' W. longitude) and south of 54[deg]49'00'' N. latitude 
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. longitude and south of 
56[deg]20'00'' N. latitude;
    (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. latitude;
    (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. longitude, south of 58[deg]00'00'' N. latitude, and 
west of 168[deg]00'00'' W. longitude;
    (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. 
longitude;
    (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. 
longitude, and south of 65[deg]34'00'' N. latitude.

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 November 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 commercial 
fishery\2\ shall begin at 0800 hours and terminate at 1800 hours local 
time on June 24, July 8, July 22, August 5, August 19, September 2, 
September 16, and September 30 unless the Commission specifies 
otherwise.
    (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.
    (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 21 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.
---------------------------------------------------------------------------

    \2\[thinsp]The directed fishery is restricted to waters that are 
south of Point Chehalis, Washington (46[deg]53'18'' N. latitude) 
under regulations promulgated by NMFS and published in the Federal 
Register.
    \3\[thinsp]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. latitude) under 
regulations promulgated by NMFS at 50 CFR 300.63.
---------------------------------------------------------------------------

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

[[Page 11687]]

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. latitude in 
Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(54[deg]36'00'' N. latitude, 164[deg]55'42'' W. longitude) to a point 
at 56[deg]20'00'' N. latitude, 168[deg]30'00'' W. longitude; thence to 
a point at 58[deg]21'25'' N. latitude, 163[deg]00'00'' W. longitude; 
thence to Strogonof Point 56[deg]53'18'' N. latitude, 158[deg]50'37'' 
W. longitude); 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. 
latitude and 54[deg]49'00'' N. latitude 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 
net weights expressed in pounds or metric tons shown in the following 
table:

------------------------------------------------------------------------
                    Regulatory                          Catch Limit
------------------------------------------------------------------------
                                                                 Metric
                       Area                           Pounds      tons
------------------------------------------------------------------------
2A: directed commercial, and incidental                195,747      88.8
 commercial during salmon troll fishery
2A: incidental commercial during sablefish              11,895       5.4
 fishery
2B\4\                                                7,630,000   3,460.3
2C                                                   5,020,000   2,276.6
3A                                                  21,700,000   9,841.3
3B                                                  10,900,000   4,943.3
4A                                                   2,550,000   1,156.5
4B                                                   1,870,000     848.1
4C                                                   1,569,000     711.6
4D                                                   1,569,000     711.6
4E                                                     322,000     146.0
------------------------------------------------------------------------
\4\[thinsp]Area 2B includes combined commercial and sport catch limits
  which will be allocated by DFO.

    (2) Notwithstanding paragraph (1), regulations pertaining to the 
division of the Area 2A catch limit between the directed commercial 
fishery and the incidental catch fishery as described in paragraph (4) 
of section 8 will be promulgated by NMFS and published in the Federal 
Register.
    (3) The Commission shall determine and announce to the public the 
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 (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 CDQ fisheries. 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.
    (9) Notwithstanding paragraph (1), the total allowable catch of 
halibut that may be taken in the Area 4D directed commercial fishery is 
equal to the combined annual catch limits specified for the Area 4C and 
Area 4D. The annual Area 4C catch limit will decrease by the equivalent 
amount of halibut taken in Area 4D in excess of the annual Area 4D 
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.
    (2) No person on board a vessel fishing for, or tendering, halibut 
caught

[[Page 11688]]

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.
    (2) Except that paragraph (1) shall not prohibit the possession of 
halibut on board a vessel that has been brought aboard to be measured 
to determine if the minimum size limit of the halibut is met and, if 
sublegal-sized, is promptly returned to the sea with a minimum of 
injury.

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), or (16).
    (2) An operator obtaining a vessel clearance required by paragraph 
(1) must obtain the clearance in person from the authorized clearance 
personnel and sign the IPHC form documenting that a clearance was 
obtained, except that when the clearance is obtained via VHF radio 
referred to in paragraphs (5), (8), and (9), the authorized clearance 
personnel must sign the IPHC form documenting that the clearance was 
obtained.
    (3) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4A may be obtained only at Nazan Bay on Atka Island, 
Dutch Harbor or Akutan, Alaska, from an authorized officer of the 
United States, a representative of the Commission, or a designated fish 
processor.
    (4) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4B may only be obtained at Nazan Bay on Atka Island or 
Adak, Alaska, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor.
    (5) The vessel clearance required under paragraph (1) prior to 
fishing in Area 4C and 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 and 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 Areas 4C 
or 4D or 4E and lands its total annual halibut catch at a port within 
Areas 4C, 4D, 4E, or the closed area defined in section 10, is exempt 
from the clearance requirements of paragraph (1).
    (16) 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. The operator of a vessel 
fishing in waters in and off Alaska must use one of the following 
logbooks: the Groundfish/IFQ Daily Fishing Longline and Pot Gear 
Logbook provided by NMFS; the Alaska hook-and-line logbook provided by 
Petersburg Vessel Owners Association or Alaska Longline Fisherman's 
Association; the Alaska Department of Fish and Game (ADF&G) longline-
pot logbook; or the logbook provided by IPHC. The operator of a vessel 
fishing in Area 2A must use either the Washington Department of Fish 
and Wildlife (WDFW) Voluntary

[[Page 11689]]

Sablefish 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 (ADF&G, WDFW, 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 Integrated 
Groundfish Fishing Log provided by DFO.
    (6) The logbook referred to in paragraph (5) must include the 
following information:
    (a) the name of the vessel and the DFO 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) retained for a period of two years by the owner or operator of 
the vessel;
    (c) open to inspection by an authorized officer or any authorized 
representative of the Commission upon demand;
    (d) 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;
    (e) mailed to the DFO (white copy) within seven days of offloading; 
and
    (f) mailed to the Commission (yellow copy) within seven days of the 
final offload if not collected by a Commission employee.
    (8) 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 caught in Area 2A from a United 
States vessel that does not have on board the license required by 
section 4.
    (2) No person shall possess on board a vessel a halibut other than 
whole or with gills and entrails removed. Except that this paragraph 
shall not prohibit the possession on board a vessel of:
    (a) 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;
    (b) fillets from halibut offloaded in accordance with section 17 
that are possessed on board the harvesting vessel in the port of 
landing up to 1800 hours local time on the calendar day following the 
offload5; and
    (c) halibut with their heads removed in accordance with section 13.
    (3) No person shall offload halibut from a vessel unless the gills 
and entrails have been removed prior to offloading6.
    (4) 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.
    (5) 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 scale weight (in pounds) of halibut purchased by the 
registered buyer, the scale weight (in pounds) of halibut offloaded in 
excess of the IFQ or CDQ, the scale weight of halibut (in pounds) 
retained for personal use or for future sale, and the scale weight (in 
pounds) of halibut discarded as unfit for human consumption.
    (6) 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.
    (7) The individual completing the state fish tickets for the Area 
2A fisheries as referred to in paragraph (6) must additionally record 
whether the halibut weight is of head-on or head-off fish.
    (8) For halibut landings made in Alaska, the requirements as listed 
in paragraph (5) and (6) can be met by recording the information in the 
Interagency Electronic Reporting Systems, eLandings
    (9) The master or operator of a Canadian vessel that was engaged in 
halibut fishing must weigh and record all halibut on board said vessel 
at the time offloading commences and record on Provincial fish tickets 
or Federal catch reports the date; locality; name of vessel; the 
name(s) of the person(s) from whom the halibut was purchased; and the 
scale weight obtained at the time of offloading of all halibut on board 
the vessel including the pounds purchased, pounds in excess of IVQs, 
pounds retained for personal use, and pounds discarded as unfit for 
human consumption.
    (10) 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 (5), (6), and (9) of section 17.
    (11) A copy of the fish tickets or catch reports referred to in 
paragraphs (5), (6), and (9) 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.
    (12) No person shall possess any halibut taken or retained in 
contravention of these Regulations.
    (13) When halibut are landed to other than a commercial fish 
processor, the records required by paragraph (6) shall be maintained by 
the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (9).

[[Page 11690]]

    (14) It shall be unlawful to enter an IPHC license number on a 
State fish ticket for any vessel other than the vessel actually used in 
catching the halibut reported thereon.
    (15) No person shall tag halibut unless the tagging is authorized 
by IPHC permit or by a Federal or State agency.
    5DFO has more restrictive regulations; therefore, section 17(2)b 
does not apply to fish caught in Area 2B or landed in British Columbia.
    6DFO did not adopt this regulation; therefore, section 17 paragraph 
(3) does not apply to fish caught in Area 2B.

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 provided the 
operator of the vessel:
    (a) has a NMFS-certified observer on board when required by NMFS 
regulations7 published at 50 CFR Section 679.7(f)(4); and
    (b) can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the hold, 
tagging halibut, or by other means.
    (3) Halibut caught in more than one of the Regulatory Areas 4A, 4B, 
4C, or 4D may be possessed on board a vessel at the same time provided 
the operator of the vessel:
    (a) has a NMFS-certified observer on board the vessel as required 
by NMFS regulations published at 50, CFR Section 679.7(f)(4); or has an 
operational Vessel Monitoring System (VMS) on board actively 
transmitting in all regulatory areas fished and does not possess at any 
time more halibut on board the vessel than the IFQ permit holders on 
board the vessel have cumulatively available for any single Area 4 
regulatory area fished; and
    (b) can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the holds, 
tagging halibut, or by other means.
    (4) 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).
    7Without an observer, a vessel cannot have on board more halibut 
than the IFQ for the area that is being fished, even if some of the 
catch occurred earlier in a different area.

19. Fishing Gear

    (1) No person shall fish for halibut using any gear other than hook 
and line gear, except that vessels licensed to catch sablefish in Area 
2B using sablefish trap gear as defined in the Condition of Sablefish 
Licence can retain halibut caught as bycatch under regulations 
promulgated by the Canadian Department of Fisheries and Oceans.
    (2) No person shall possess halibut taken with any gear other than 
hook and line gear, except that vessels licensed to catch sablefish in 
Area 2B using sablefish trap gear as defined by the Condition of 
Sablefish Licence can retain halibut caught as bycatch under 
regulations promulgated by the Canadian Department of Fisheries and 
Oceans.
    (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 used to fish for any species of 
fish anywhere in Area 2A during the 72-hour period immediately before 
the fishing period for the directed commercial fishery shall catch or 
possess halibut anywhere in those waters during that halibut fishing 
period unless, prior to the start of the halibut fishing period, the 
vessel has removed its gear from the water and has either
    (a) made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (8) No vessel used to fish for any species of fish anywhere in Area 
2A during the 72-hour period immediately before the fishing period for 
the directed commercial fishery may be used to catch or possess halibut 
anywhere in those waters during that halibut fishing period unless, 
prior to the start of the halibut fishing period, the vessel has 
removed its gear from the water and has either
    (a) made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (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 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

[[Page 11691]]

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 only if the halibut is caught during commercial 
halibut fishing and 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 46[deg]53'18'' N. latitude and east of 
125[deg]44'00'' W. longitude, 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 21 through November 15, or until 
303,500 pounds (137.6 metric tons) net weight 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 29,000 pounds (13.2 metric tons) net 
weight.

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 NMFS and published in 50 CFR Part 300.
    (2) Customary and traditional fishing is authorized from January 1 
through December 31.

24. Aboriginal Groups Fishing for Food, Social and Ceremonial Purposes 
in British Columbia

    (1) Fishing for halibut for food, social and ceremonial purposes by 
Aboriginal groups in Regulatory Area 2B shall be governed by the 
Fisheries Act of Canada and regulations as amended from time to time.

25. Sport Fishing for Halibut--General

    (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) 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.
    (3) 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.
    (4) No person may possess halibut on a vessel while fishing in a 
closed area.
    (5) No halibut caught by sport fishing shall be offered for sale, 
sold, traded, or bartered.
    (6) No halibut caught in sport fishing shall be possessed onboard a 
vessel when other fish or shellfish aboard said vessel are destined for 
commercial use, sale, trade, or barter.
    (7) The operator of a charter vessel shall be liable for any 
violations of these regulations committed by a passenger aboard said 
vessel.

26. Sport Fishing for Halibut--Area 2A

    (1) The total allowable catch of halibut shall be limited to
    (a) 214,110 pounds (97.1 metric tons) net weight in waters off 
Washington and
    (b) 195,748 pounds (88.8 metric tons) net weight in waters off 
California and Oregon;
    (2) 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.
    (3) When the Commission has determined that a subquota under 
paragraph (8) 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.
    (4) In California, Oregon, or Washington, 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.
    (5) The possession limit on a vessel for halibut in the waters off 
the coast of Washington is the same as the daily bag limit. The 
possession limit on land in Washington for halibut caught in U.S. 
waters off the coast of Washington is two halibut.
    (6) The possession limit on a vessel for halibut caught in the 
waters off the coast of Oregon is the same as the daily bag limit. The 
possession limit for halibut on land in Oregon is three daily bag 
limits.
    (7) The possession limit on a vessel for halibut caught in the 
waters off the coast of California is one halibut. The possession limit 
for halibut on land in California is one halibut.
    (8) The sport fishing subareas, subquotas, fishing dates, and daily 
bag limits are as follows, except as modified under the in-season 
actions in 50 CFR 300.63(c). 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.
    (a) The area 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., is not managed in-season relative to its quota. This area is 
managed by setting a season that is projected to result in a catch of 
57,393 lb (26.03 mt).
    (i) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is open April 23 -- June 5, and the 
fishing season in western Puget Sound (west of 123[deg]49.50' W. long., 
Low Point) is open May 21 -- July 3, 5 days a week (Thursday through 
Monday).
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (b) The quota for landings into ports in the area off the north 
Washington coast, west of the line described in paragraph (2)(a) of 
section 26 and north of the Queets River (47[deg]31.70' N. lat.), is 
108,030 lb (49.0 mt).
    (i) The fishing seasons are:
    (A) Commencing on May 14 and continuing 2 days a week (Thursday and 
Saturday) until 108,030 lb (49.0 mt) are estimated to have been taken 
and the season is closed by the Commission.
    (B) If sufficient quota remains the fishery will reopen on June 4 
in the entire north coast subarea, continuing 2 days per week (Thursday 
and Saturday)

[[Page 11692]]

until there is not sufficient quota for another full day of fishing and 
the area is closed by the Commission. When there is insufficient quota 
remaining to reopen the entire north coast subarea for another day, 
then the nearshore areas described below will reopen for 2 days per 
week (Thursday and Saturday), until the overall quota of 108,030 lb 
(49.0 mt) is estimated to have been taken and the area is closed by the 
Commission, or until September 30, whichever is earlier. After May 24, 
any fishery opening will be announced on the NMFS hotline at 800-662-
9825. No halibut fishing will be allowed after May 24 unless the date 
is announced on the NMFS hotline. The nearshore areas for Washington's 
North Coast fishery are defined as follows:
    (1) WDFW Marine Catch Area 4B, which is all waters west of the 
Sekiu River mouth, as defined by 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., to the Bonilla-Tatoosh line, as defined by a 
line connecting the light on Tatoosh Island, WA, with the light on 
Bonilla Point on Vancouver Island, British Columbia (at 48[deg]35.73' 
N. lat., 124[deg]43.00' W. long.) south of the International Boundary 
between the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]43.55' 
W. long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (2) Shoreward of the recreational halibut 30-fm boundary line, a 
modified line approximating the 30-fm depth contour from the Bonilla-
Tatoosh line south to the Queets River. The recreational halibut 30-fm 
boundary line is defined by the following coordinates in the order 
listed:
    (1) 48[deg]24.79' N. lat., 124[deg]44.07' W. long.;
    (2) 48[deg]24.80' N. lat., 124[deg]44.74' W. long.;
    (3) 48[deg]23.94' N. lat., 124[deg]44.70' W. long.;
    (4) 48[deg]23.51' N. lat., 124[deg]45.01' W. long.;
    (5) 48[deg]22.59' N. lat., 124[deg]44.97' W. long.;
    (6) 48[deg]21.75' N. lat., 124[deg]45.26' W. long.;
    (7) 48[deg]21.23' N. lat., 124[deg]47.78' W. long.;
    (8) 48[deg]20.32' N. lat., 124[deg]49.53' W. long.;
    (9) 48[deg]16.72' N. lat., 124[deg]51.58' W. long.;
    (10) 48[deg]10.00' N. lat., 124[deg]52.58' W. long.;
    (11) 48[deg]05.63' N. lat., 124[deg]52.91' W. long.;
    (12) 47[deg]56.25' N. lat., 124[deg]52.57' W. long.;
    (13) 47[deg]40.28' N. lat., 124[deg]40.07' W. long.; and
    (14) 47[deg]1.70' N. lat., 124[deg]37.03' W. long.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the North Coast Recreational Yelloweye Rockfish Conservation 
Area (YRCA). It is unlawful for recreational fishing vessels to take 
and retain, possess, or land halibut taken with recreational gear 
within the North Coast Recreational YRCA. A vessel fishing in the North 
Coast Recreational YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the North Coast Recreational 
YRCA with or without halibut on board. The North Coast Recreational 
YRCA is a C-shaped area off the northern Washington coast intended to 
protect yelloweye rockfish. The North Coast Recreational YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 48[deg]18.00' N. lat.; 125[deg]18.00' W. long.;
    (2) 48[deg]18.00' N. lat.; 124[deg]59.00' W. long.;
    (3) 48[deg]11.00' N. lat.; 124[deg]59.00' W. long.;
    (4) 48[deg]11.00' N. lat.; 125[deg]11.00' W. long.;
    (5) 48[deg]04.00' N. lat.; 125[deg]11.00' W. long.;
    (6) 48[deg]04.00' N. lat.; 124[deg]59.00' W. long.;
    (7) 48[deg]00.00' N. lat.; 124[deg]59.00' W. long.;
    (8) 48[deg]00.00' N. lat.; 125[deg]18.00' W. long.;
    and connecting back to 48[deg]18.00' N. lat.; 125[deg]18.00' W. 
long.
    (c) The quota for landings into ports in the area between the 
Queets River, WA (47[deg]31.70' N. lat.) and Leadbetter Point, WA 
(46[deg]38.17' N. lat.), is 42,739 pounds (19.38 mt).
    (i) This subarea is divided between the all-waters fishery (the 
Washington South coast primary fishery), and the incidental nearshore 
fishery in the area from 47[deg]25.00' N. lat. south to 46[deg]58.00' 
N. lat. and east of 124[deg]30.00' W. long. (the Washington South 
coast, northern nearshore area). The south coast subarea quota will be 
allocated as follows: 40,739 lb (18.47 mt), for the primary fishery, 
and 2,000 lb (0.9 mt), for the nearshore fishery. The primary fishery 
commences on May 3 and continues 2 days a week (Sunday and Tuesday) 
until May 24. Beginning on May 24 the primary fishery will be open 1 
day per week (Sunday) until the quota for the south coast subarea 
primary fishery is taken and the season is closed by the Commission, or 
until September 30, whichever is earlier. The fishing season in the 
nearshore area commences on May 3 and, and during the primary season, 
continues 3 days a week (Thursday, Friday and Saturday) in addition to 
the days open in the primary fishery. Subsequent to closure of the 
primary fishery the nearshore fishery is open on Thursdays, Fridays, 
Saturdays and Sundays, until 42,739 lb (19.38 mt)is projected to be 
taken by the two fisheries combined and the fishery is closed by the 
Commission or September 30, whichever is earlier. If the fishery is 
closed prior to September 30, and there is insufficient quota remaining 
to reopen the northern nearshore area for another fishing day, then any 
remaining quota may be transferred in-season to another Washington 
coastal subarea by NMFS via an update to the recreational halibut 
hotline.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA and Westport Offshore YRCA. It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land halibut taken with recreational gear within the South 
Coast Recreational YRCA and Westport Offshore YRCA. A vessel fishing in 
the South Coast Recreational YRCA and/or Westport Offshore YRCA may not 
be in possession of any halibut. Recreational vessels may transit 
through the South Coast Recreational YRCA and Westport Offshore YRCA 
with or without halibut on board. The South Coast Recreational YRCA and 
Westport Offshore YRCA are areas off the southern Washington coast 
intended to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined by straight lines connecting the following specific 
latitude and longitude coordinates in the order listed:
    (1) 46[deg]58.00' N. lat., 124[deg]48.00' W. long.;
    (2) 46[deg]55.00' N. lat., 124[deg]48.00' W. long.;
    (3) 46[deg]55.00' N. lat., 124[deg]49.00' W. long.;
    (4) 46[deg]58.00' N. lat., 124[deg]49.00' W. long.;
    and connecting back to 46[deg]58.00' N. lat., 124[deg]48.00' W. 
long.
    The Westport Offshore YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 46[deg]54.30' N. lat., 124[deg]53.40' W. long.;

[[Page 11693]]

    (2) 46[deg]54.30' N. lat., 124[deg]51.00' W. long.;
    (3) 46[deg]53.30' N. lat., 124[deg]51.00' W. long.;
    (4) 46[deg]53.30' N. lat., 124[deg]53.40' W. long.;
    and connecting back to 46[deg]54.30' N. lat., 124[deg]53.40' W. 
long.
    (d) The quota for landings into ports in the area between 
Leadbetter Point, WA (46[deg]38.17' N. lat.) and Cape Falcon, OR 
(45[deg]46.00'N. lat.), is 15,735 lb (7.1 mt).
    (i) The fishing season commences on May 1, and continues 3 days a 
week (Thursday through Saturday) until 11,014 lb (4.9 mt) are estimated 
to have been taken and the season is closed by the Commission or until 
July 19, whichever is earlier. The fishery will reopen on August 1 and 
continue 3 days a week (Friday through Sunday) until 4,720 lb (2.1 mt) 
have been taken and the season is closed by the Commission, or until 
September 30, whichever is earlier. Subsequent to this closure, if 
there is insufficient quota remaining in the Columbia River subarea for 
another fishing day, then any remaining quota may be transferred in-
season to another Washington and/or Oregon subarea by NMFS via an 
update to the recreational halibut hotline. Any remaining quota would 
be transferred to each state in proportion to its contribution.
    (ii) The daily bag limit is one halibut of any size per day per 
person.
    (iii) Pacific Coast groundfish may not be taken and retained, 
possessed or landed, except sablefish and Pacific cod when allowed by 
Pacific Coast groundfish regulations, if halibut are on board the 
vessel.
    (e) The quota for landings into ports in the area off Oregon 
between Cape Falcon (45[deg]46.00' N. lat.) and Humbug Mountain 
(42[deg]40.50' N. lat.), is 180,088 lb (81.68 mt).
    (i) The fishing seasons are:
    (A) The first season (the ``inside 40-fm'' fishery) commences May 1 
and continues 7 days a week through October 31, in the area shoreward 
of a boundary line approximating the 40-fm (73-m) depth contour, or 
until the sub-quota for the central Oregon ``inside 40-fm'' fishery 
(14,407 lb (6.5 mt)) or any in-season revised subquota is estimated to 
have been taken and the season is closed by the Commission, whichever 
is earlier. The boundary line approximating the 40-fm (73-m) depth 
contour between 45[deg]46.00' N. lat. and 42[deg]40.50' N. lat. is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 45[deg]46.00' N. lat., 124[deg]04.49' W. long.;
    (2) 45[deg]44.34' N. lat., 124[deg]05.09' W. long.;
    (3) 45[deg]40.64' N. lat., 124[deg]04.90' W. long.;
    (4) 45[deg]33.00' N. lat., 124[deg]04.46' W. long.;
    (5) 45[deg]32.27' N. lat., 124[deg]04.74' W. long.;
    (6) 45[deg]29.26' N. lat., 124[deg]04.22' W. long.;
    (7) 45[deg]20.25' N. lat., 124[deg]04.67' W. long.;
    (8) 45[deg]19.99' N. lat., 124[deg]04.62' W. long.;
    (9) 45[deg]17.50' N. lat., 124[deg]04.91' W. long.;
    (10) 45[deg]11.29' N. lat., 124[deg]05.19' W. long.;
    (11) 45[deg]05.79' N. lat., 124[deg]05.40' W. long.;
    (12) 45[deg]05.07' N. lat., 124[deg]05.93' W. long.;
    (13) 45[deg]03.83' N. lat., 124[deg]06.47' W. long.;
    (14) 45[deg]01.70' N. lat., 124[deg]06.53' W. long.;
    (15) 44[deg]58.75' N. lat., 124[deg]07.14' W. long.;
    (16) 44[deg]51.28' N. lat., 124[deg]10.21' W. long.;
    (17) 44[deg]49.49' N. lat., 124[deg]10.89' W. long.;
    (18) 44[deg]44.96' N. lat., 124[deg]14.39' W. long.;
    (19) 44[deg]43.44' N. lat., 124[deg]14.78' W. long.;
    (20) 44[deg]42.27' N. lat., 124[deg]13.81' W. long.;
    (21) 44[deg]41.68' N. lat., 124[deg]15.38' W. long.;
    (22) 44[deg]34.87' N. lat., 124[deg]15.80' W. long.;
    (23) 44[deg]33.74' N. lat., 124[deg]14.43' W. long.;
    (24) 44[deg]27.66' N. lat., 124[deg]16.99' W. long.;
    (25) 44[deg]19.13' N. lat., 124[deg]19.22' W. long.;
    (26) 44[deg]15.35' N. lat., 124[deg]17.37' W. long.;
    (27) 44[deg]14.38' N. lat., 124[deg]17.78' W. long.;
    (28) 44[deg]12.80' N. lat., 124[deg]17.18' W. long.;
    (29) 44[deg]09.23' N. lat., 124[deg]15.96' W. long.;
    (30) 44[deg]08.38' N. lat., 124[deg]16.80' W. long.;
    (31) 44[deg]08.30' N. lat., 124[deg]16.75' W. long.;
    (32) 44[deg]01.18' N. lat., 124[deg]15.42' W. long.;
    (33) 43[deg]51.60' N. lat., 124[deg]14.68' W. long.;
    (34) 43[deg]42.66' N. lat., 124[deg]15.46' W. long.;
    (35) 43[deg]40.49' N. lat., 124[deg]15.74' W. long.;
    (36) 43[deg]38.77' N. lat., 124[deg]15.64' W. long.;
    (37) 43[deg]34.52' N. lat., 124[deg]16.73' W. long.;
    (38) 43[deg]28.82' N. lat., 124[deg]19.52' W. long.;
    (39) 43[deg]23.91' N. lat., 124[deg]24.28' W. long.;
    (40) 43[deg]20.83' N. lat., 124[deg]26.63' W. long.;
    (41) 43[deg]17.96' N. lat., 124[deg]28.81' W. long.;
    (42) 43[deg]16.75' N. lat., 124[deg]28.42' W. long.;
    (43) 43[deg]13.98' N. lat., 124[deg]31.99' W. long.;
    (44) 43[deg]13.71' N. lat., 124[deg]33.25' W. long.;
    (45) 43[deg]12.26' N. lat., 124[deg]34.16' W. long.;
    (46) 43[deg]10.96' N. lat., 124[deg]32.34' W. long.;
    (47) 43[deg]05.65' N. lat., 124[deg]31.52' W. long.;
    (48) 42[deg]59.66' N. lat., 124[deg]32.58' W. long.;
    (49) 42[deg]54.97' N. lat., 124[deg]36.99' W. long.;
    (50) 42[deg]53.81' N. lat., 124[deg]38.58' W. long.;
    (51) 42[deg]50.00' N. lat., 124[deg]39.68' W. long.;
    (52) 42[deg]49.14' N. lat., 124[deg]39.92' W. long.;
    (53) 42[deg]46.47' N. lat., 124[deg]38.65' W. long.;
    (54) 42[deg]45.60' N. lat., 124[deg]39.04' W. long.;
    (55) 42[deg]44.79' N. lat., 124[deg]37.96' W. long.;
    (56) 42[deg]45.00' N. lat., 124[deg]36.39' W. long.;
    (57) 42[deg]44.14' N. lat., 124[deg]35.16' W. long.;
    (58) 42[deg]42.15' N. lat., 124[deg]32.82' W. long.; and
    (59) 42[deg]40.50' N. lat., 124[deg]31.98' W. long.;
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open on May 14, 15, 16, 21, 22, 23, 28, 29, 30, and 
June 4, 5, 6. The projected catch for this season is 124,261 lb (56.3 
mt). If sufficient unharvested catch remains for additional fishing 
days, the season will re-open. Dependent on the amount of unharvested 
catch available, the potential season re-opening dates will be June 18, 
19, 20 and July 2, 3, 4, 16, 17, 18, 30, 31. If NMFS decides in-season 
to allow fishing on any of these re-opening dates, notice of the re-
opening will be announced on the NMFS hotline (206) 526-6667 or (800) 
662-9825. No halibut fishing will be allowed on the re-opening dates 
unless the date is announced on the NMFS hotline.
    (C) If sufficient unharvested catch remains, the third season 
(summer season), which is for the ``all-depth''

[[Page 11694]]

fishery, will be open on August 7, 8, 9, 21, 22, 23 and September 4, 5 
6, 18, 19, 20 and October 2, 3, 4, 16, 17, 18, 30, 31 , or until the 
combined spring season and summer season quotas in the area between 
Cape Falcon and Humbug Mountain, OR, totaling165,681 lb (75.1 mt), are 
estimated to have been taken and the area is closed by the Commission, 
or October 31, whichever is earlier. NMFS will announce on the NMFS 
hotline in July whether the fishery will re-open for the summer season 
in August. No halibut fishing will be allowed in the summer season 
fishery unless the dates are announced on the NMFS hotline. Additional 
fishing days may be opened if a certain amount of quota remains after 
August 9 and August 23. If after August 9, greater than or equal to 
60,000 lb (27.2 mt) remains in the combined all-depth and inside 40-fm 
(73-m) quota, the fishery may re-open every Friday through Sunday, 
beginning August 16-18, and ending October 31. If after September 6, 
greater than or equal to 30,000 lb (13.6 mt) remains in the combined 
all-depth and inside 40-fm (73-m) quota, and the fishery is not already 
open every Friday through Sunday, the fishery may re-open every Friday 
through Sunday, beginning September 18-20, and ending October 31. After 
September 6, the bag limit may be increased to two fish of any size per 
person, per day. NMFS will announce on the NMFS hotline whether the 
summer all-depth fishery will be open on such additional fishing days, 
what days the fishery will be open and what the bag limit is.
    (ii) The daily bag limit is one halibut of any size per day per 
person, unless otherwise specified. NMFS will announce on the NMFS 
hotline any bag limit changes.
    (iii) During days open to all-depth halibut fishing, no Pacific 
Coast groundfish may be taken and retained, possessed or landed, except 
sablefish and Pacific cod, when allowed by Pacific Coast groundfish 
regulations, if halibut are on board the vessel.
    (iv) When the all-depth halibut fishery is closed and halibut 
fishing is permitted only shoreward of a boundary line approximating 
the 40-fm (73-m) depth contour, halibut possession and retention by 
vessels operating seaward of a boundary line approximating the 40-fm 
(73-m) depth contour is prohibited.
    (v) Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land halibut taken with 
recreational gear within the Stonewall Bank YRCA. A vessel fishing in 
the Stonewall Bank YRCA may not be in possession of any halibut. 
Recreational vessels may transit through the Stonewall Bank YRCA with 
or without halibut on board. The Stonewall Bank YRCA is an area off 
central Oregon, near Stonewall Bank, intended to protect yelloweye 
rockfish. The Stonewall Bank YRCA is defined by straight lines 
connecting the following specific latitude and longitude coordinates in 
the order listed:
    (1) 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    (2) 44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    (3) 44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    (4) 44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    (5) 44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. 
long.
    (f) The area south of Humbug Mountain, Oregon (42[deg]40.50' N. 
lat.) and off the California coast is not managed in-season relative to 
its quota. This area is managed on a season that is projected to result 
in a catch of 5,872 lb (2.6 mt).
    (i) The fishing season will commence on May 1 and continue 7 days a 
week until October 31.
    (ii) The daily bag limit is one halibut of any size per day per 
person.

27. Sport Fishing for Halibut--Area 2B

    (1) In all waters off British Columbia\8\
    (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.
    (2) In British Columbia, 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.
    (3) The possession limit for halibut in the waters off the coast of 
British Columbia is three halibut.
---------------------------------------------------------------------------

    \8\[thinsp]DFO could implement more restrictive regulations for 
the sport fishery, therefore anglers are advised to check the 
current federal or provincial regulations prior to fishing.
---------------------------------------------------------------------------

28. Sport Fishing for Halibut--Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E

    (1) In waters in and off Alaska\9\
    (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 unless a more restrictive bag limit applies in federal 
regulations at 50CFR 300.65; and
    (c) No person may possess more than two daily bag limits.
    (2) In Convention waters in and off Alaska, no person shall possess 
on board a vessel, including charter vessels and pleasure craft used 
for fishing, halibut that has been filleted, mutilated, or otherwise 
disfigured in any manner, except that
    (a) Each halibut may be cut into no more than 2 ventral pieces, 2 
dorsal pieces, and 2 cheek pieces, with skin on all pieces; and
    (b) Halibut in excess of the possession limit in paragraph (1)(c) 
of this section may be possessed on a vessel that does not contain 
sport fishing gear, fishing rods, hand lines, or gaffs.
---------------------------------------------------------------------------

    \9\[thinsp]NMFS could implement more restrictive regulations for 
the sport fishery or components of it, therefore, anglers are 
advised to check the current federal or state regulations prior to 
fishing.
---------------------------------------------------------------------------

29. Previous Regulations Superseded

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

[[Page 11695]]

[GRAPHIC] [TIFF OMITTED] TR19MR09.000

[GRAPHIC] [TIFF OMITTED] TR19MR09.001

Classification

IPHC Regulations

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 553(a)(1), the notice-and-comment and delay-
in-effectiveness date requirements of the Administrative Procedure Act 
(APA), 5 U.S.C. 553, are inapplicable to this notice of the 
effectiveness and content of the IPHC regulations because this 
regulation involves a foreign affairs function of the United States. 
Furthermore, no other law requires prior notice and public comment 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.

2009 Area 2A Catch Sharing Plan, Annual Management Measures and Federal 
Regulations

    As explained above in the preamble, the recreational management 
measures for Area 2A are promulgated through a different process than 
the process for the IPHC regulations themselves. NMFS proposed these 
management measures on January 14, 2009 (74 FR 2032). The different 
regulatory process requires a different classification section for 
these recreational management measures.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) in 
association with the proposed rule for this action. A final regulatory 
flexibility analysis (FRFA) incorporates the IRFA, a summary of the 
significant issues raised by the public comments in response to the 
IRFA, if any, and NMFS responses to those comments, and a summary of 
the analyses completed to support the action. NMFS received no comments 
on the IRFA or on the economic impacts of the rule. A copy of the FRFA 
is available from the NMFS Northwest Region (see ADDRESSES) and a 
summary of the FRFA follows:
    This rule is needed to implement the CSP and annual domestic 
management measures in Area 2A. The main objective for the Pacific 
halibut fishery in Area 2A is to manage the fisheries to

[[Page 11696]]

remain within the TAC for Area 2A, while also allowing each commercial, 
recreational, and tribal fishery to target halibut in the manner most 
appropriate for the users' needs within that fishery. This rule is 
intended to enhance the conservation of Pacific halibut, to protect 
yellow eye rockfish and other overfished species from incidental catch 
in the halibut fisheries, and to provide greater angler opportunity 
where available.
    A fish-harvesting business is considered a ``small'' business by 
the Small Business Administration (SBA) if it has annual receipts not 
in excess of $4.0 million. For related fish-processing businesses, a 
small business is one that employs 500 or fewer persons. For wholesale 
businesses, a small business is one that employs not more than 100 
people. For marinas and charter/party boats, a small business is one 
with annual receipts not in excess of $6.5 million. All of the 
businesses that would be affected by this action are considered small 
businesses under Small Business Administration guidance. This action 
finalizes the following changes to the CSP, which allocates the catch 
of Pacific halibut among users in Washington, Oregon and California: 
(1) Remove the provision that divides the Washington North Coast 
subarea quota between May and June; (2) Change the Washington North 
Coast subarea to a 2-day per week fishery, Thursday and Saturday, from 
a 3-day per week fishery; (3) Change the June re-opening date in the 
Washington North Coast subarea to the first Thursday in June, from the 
status-quo of the first Tuesday and Thursday after June 16; (4) Clarify 
that the nearshore set-aside in the Washington South Coast subarea is 
10 percent of the subquota, or 2,000 pounds, whichever is less, rather 
than a straight 10 percent of the subquota; (5) Set the Washington 
South Coast subarea to open the first Sunday in May and continue to be 
open on Sundays and Tuesdays in May, except that beginning the third 
week in May the fishery would be open on Sunday only until the quota 
for the primary season is reached. Under status-quo the fishery was 
open 2 days a week until the quota was achieved; (6) Set the nearshore 
fishery in the Washington South Coast subarea as a 3-day per week 
fishery, open Thursday, Friday, and Saturday, in addition to days on 
which the primary fishery is open, during the primary season. After the 
primary season, the nearshore fishery is open Thursday through Sunday. 
Under status-quo the nearshore fishery was open only after the primary 
fishery was closed, leaving a large amount of unfished quota, in 2008 
only 158 pounds out of the 4460 pound quota was caught; (7) Specify 
that in addition to the South Coast Yelloweye Rockfish Conservation 
Area (YRCA), recreational fishing for groundfish and halibut will be 
prohibited in the newly created Westport Offshore YRCA; (8) Change the 
Columbia River subarea spring fishery to a 3-day per week fishery, open 
Thursday, Friday and Saturday, until 70 percent of the subarea 
allocation is taken or until the third Sunday in July, whichever is 
earlier. Under status-quo this was a 7-day per week fishery; (9) 
Specify that in the Oregon Central Coast subarea Pacific cod may be 
retained with a halibut on the vessel during the all-depth openings. 
Under status-quo Pacific cod retention was not allowed. The change is 
intended to make retention consistent in the areas north and south of 
Cape Falcon and Pacific cod are rarely encountered south of Cape 
Falcon; (10) Add the Nooksack tribe to the definition of ``Treaty 
Indian tribes'' in the federal regulations; (11) Add the Nooksack 
tribal fishing area boundaries to the federal regulations.
    In 1995, NMFS implemented the Plan, when the TAC was 520,000 pounds 
(236 mt). In each of the intervening years between 1995 and the 
present, minor revisions to the Plan have been made to adjust for the 
changing needs of the fisheries, even though the TAC reached levels of 
over 1,000,000 pounds (454 mt), with a peak of 1,480,000 pounds (671 
mt) in 2004. Since 2004, there has been very little change in the total 
allowable catch and sector allocations. In 2007, the Area 2A Halibut 
TAC set by the IPHC was 1,340,000 pounds (608 mt) and in 2008 it was 
1,220,000 pounds (553 mt). However, the 2009 TAC is lower than the TAC 
levels since 2001. The 2009 Area 2A TAC of 950,000 pounds (430.9 mt) is 
lower than previous years due to the IPHC's new stock assessment 
information, revised selectivity assumptions, and revised harvest 
policy. This is a 22-percent decline from the 2008 TAC.
    WDFW held state meetings and crafted alternatives to adjust 
management of the sport halibut fisheries in their state. These 
alternatives were then narrowed by the state and brought to the Council 
at the Council's September and November 2008 meetings. Generally, by 
the time the alternatives reach the Council, and because they have been 
through the state public review process, they are narrowed down into 
the proposed action and status quo. The Council and the States 
considered the full range of alternatives that could have similarly 
improved angler enjoyment of and participation in the fisheries while 
simultaneously protecting halibut and co-occurring groundfish species 
from overharvest.
    In 2008, 570 vessels were issued IPHC licenses to retain halibut. 
IPHC issues licenses for: the directed commercial fishery in Area 2A, 
including licenses issued to retain halibut caught incidentally in the 
primary sablefish fishery (296 licenses in 2008); incidental halibut 
caught in the salmon troll fishery (135 licenses in 2008); and the 
charterboat fleet (139 licenses in 2008). No vessel may participate in 
more than one of these three fisheries per year. Individual 
recreational anglers and private boats are the only sectors that are 
not required to have an IPHC license to retain halibut.
    Specific data on the economics of halibut charter operations is 
unavailable. However, in January 2004, the Pacific States Marine 
Fisheries Commission (PSMFC) completed a report on the overall West 
Coast charterboat fleet. In surveying charterboat vessels concerning 
their operations in 2000, the PSMFC estimated that there were about 315 
charterboat vessels in operation off Washington and Oregon. In 2000, 
IPHC licensed 130 vessels to fish in the halibut sport charter fishery. 
Comparing the total charterboat fleet to the 130 and 139 IPHC licenses 
in 2000 and 2008, respectively, approximately 41 to 44 percent of the 
charterboat fleet could participate in the halibut fishery. The PSMFC 
has developed preliminary estimates of the annual revenues earned by 
this fleet and they vary by size class of the vessels and home state. 
Small charterboat vessels range from 15 to 30 ft (4.572 to 9.144 m), 
and typically carry 5 to 6 passengers. Medium charterboat vessels range 
from 31 to 49 ft (9.44 to 14.93 m) in length and typically carry 19 to 
20 passengers. (Neither state has large vessels of greater than 49 ft 
(14.93 m) in their fleet.) Average annual revenues from all types of 
recreational fishing, whale watching, and other activities ranged from 
$7,000 for small Oregon vessels to $131,000 for medium Washington 
vessels. Estimates from the RIR show the recreational halibut fishery 
generated approximately $2.5 million in personal income to West Coast 
communities, while the non-tribal commercial halibut fishery generated 
approximately $2.2 million in income impacts. Because these estimated 
impacts for the entire halibut fishery overall are less than the SBA 
criteria for individual businesses, these data confirm that charterboat 
and commercial halibut vessels qualify as

[[Page 11697]]

small entities under the Regulatory Flexibility Act (RFA).
    These changes are authorized under the Pacific Halibut Act, 
implementing regulations at 50 CFR 300.60 through 300.65, and the 
Pacific Council process of annually evaluating the utility and 
effectiveness of Area 2A Pacific halibut management under the Plan. 
Given the TAC, the sport management measures implement the Plan by 
managing the recreational fishery to meet the differing fishery needs 
of the various areas along the coast according to the Plan's 
objectives. The measures are very similar to last year's management 
measures. The changes to the Plan and domestic management measures are 
minor changes and are intended to help prolong the halibut season, 
provide increased recreational harvest opportunities, or clarify sport 
fishery management for fishermen and managers. There are no large 
entities involved in the halibut fisheries; therefore, none of these 
changes to the Plan and domestic management measures will have a 
disproportionate negative effect on small entities versus large 
entities.
    These changes do not include any reporting or recordkeeping 
requirements. These changes will also not duplicate, overlap or 
conflict with other laws or regulations. These changes to the Plan and 
annual domestic Area 2A halibut management measures are not expected to 
have a ``significant'' economic impact on a ``substantial number'' of 
small entities, as those terms are defined in the RFA.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
halibut management in Area 2A, NMFS maintains a toll-free telephone 
hotline where members of the public may call in to receive current 
information on seasons and requirements to participate in the halibut 
fisheries in Area 2A. This hotline also serves as small entity 
compliance guide. Copies of this final rule are available from the NMFS 
Northwest Regional Office upon request (See ADDRESSES). To hear the 
small entity compliance guide associated with this final rule, call the 
NMFS hotline at 800--662--9825.

    Pursuant to Executive Order 13175, the Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. At section 302(b)(5), the 
Magnuson-Stevens Fishery Conservation and Management Act establishes a 
seat on the Pacific Council for a representative of an Indian tribe 
with federally recognized fishing rights from California, Oregon, 
Washington, or Idaho. The U.S. government formally recognizes that 13 
Washington Tribes have treaty rights to fish for Pacific halibut. In 
general terms, the quantification of those rights is 50 percent of the 
harvestable surplus of Pacific halibut available in the tribes' usual 
and accustomed fishing areas (described at 50 CFR 300.64). Each of the 
treaty tribes has the discretion to administer their fisheries and to 
establish their own policies to achieve program objectives. 
Accordingly, tribal allocations and regulations, including the changes 
to the CSP, have been developed in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus.

List of Subjects in 50 CFR Part 300

    Fishing, Fisheries, Indian fisheries, Reporting and recordkeeping 
requirements, Treaties.

    Dated: March 16, 2009
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 300 is amended as 
follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.

0
2. In Sec.  300.61, the definition of ``Treaty Indian tribes'' is 
revised to read as follows:


Sec.  300.61  Definitions.

* * * * *
    Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower 
Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, 
Quinault, Skokomish, Suquamish, Swinomish, Tulalip, and Nooksack 
tribes.

0
3. In Sec.  300.64, in the table within paragraph (i), an entry for 
``Nooksack'' is added in alphabetical order to read as follows:


Sec.  300.64  Fishing by U.S. treaty Indian tribes.

* * * * *

------------------------------------------------------------------------
                   Tribe                             Boundaries
------------------------------------------------------------------------
                                * * * * *
Nooksack                                    Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.
                                             1974), and particularly at
                                             459 F. Supp. 1049, to be
                                             places at which the
                                             Nooksack Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
                                * * * * *
------------------------------------------------------------------------

[FR Doc. E9-6025 Filed 3-18-09; 8:45 am]
BILLING CODE 3510-22-S