[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Rules and Regulations]
[Pages 16740-16760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6858]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 120106033-2163-02]
RIN 0648-BB68


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 (AA) for Fisheries, National 
Oceanic and Atmospheric Administration (NOAA), 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 
2012, announces approval of the Area 2A CSP, and provides notice of the 
guideline harvest levels (GHLs) for Areas 2C and 3A. 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: This rule is effective April 23, 2012. The IPHC's 2012 annual 
management measures are effective March 22, 2012, except for the 
measures in section 26, which are effective April 23, 2012. The 2012 
management measures are effective until superseded.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting: the International Pacific Halibut 
Commission, 2320 W. Commodore Way Suite 300, Seattle, WA 98199-1287; or 
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or 
Sustainable Fisheries Division, NMFS Northwest Region, 7600 Sand Point 
Way, NE., Seattle, WA 98115. This final rule also is accessible via the 
Internet at the Federal eRulemaking portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Glenn Merrill, 
907-586-7228, email at [email protected]; or Rachel Baker, 907-
586-7228, email 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 2012 under the Convention between Canada and the United 
States for the Preservation of the Halibut Fishery of the North Pacific 
Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 
2, 1953, as amended by a Protocol Amending the Convention (signed at 
Washington, DC, on March 29, 1979).
    As provided by the Northern Pacific Halibut Act of 1982 (Halibut 
Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of 
the Secretary of Commerce (Secretary), may accept or reject, on behalf 
of the United States, recommendations made by the IPHC in accordance 
with the Convention (Halibut Act, Sections 773-773k.). On March 5, 
2012, the Secretary of State of the United States, with the concurrence 
of the Secretary, accepted the 2012 IPHC regulations 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, sport, and commercial 
fisheries.
    Subsistence and sport halibut fishery regulations are codified at 
50 CFR part 300. Commercial halibut fisheries in Alaska 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 a commercial and sport fishery Halibut 
CSP in Areas 2C and 3A are being developed pursuant to the NPFMC 
authority under the Halibut Act. NMFS published a proposed rule for the 
Area 2C and Area 3A CSP on July 16, 2011, and accepted comments on the 
proposed rule and on the Environmental Assessment (EA), Regulatory 
Impact Review, and Initial Regulatory Flexibility Analysis (IRFA) 
prepared for the CSP through September 21, 2011. In October 2011, NMFS 
informed the NPFMC that public comments received on the proposed CSP 
raised issues that may require additional input from the NPFMC before 
NMFS can proceed to a final rule. NMFS is continuing to work with the 
NPFMC to address these issues of concern and is seeking NPFMC advice on 
how to proceed with agency review of the Area 2C and Area 3A CSP.
    The PFMC also exercises authority in a CSP allocating halibut among 
groups of fishermen in Area 2A, off the coasts of Washington, Oregon, 
and California. The CSP allocates the Area 2A catch limit among treaty 
Indian and non-Indian harvesters, and non-Indian commercial and sport 
harvesters. The treaty Indian group includes tribal commercial, and 
tribal ceremonial and subsistence fisheries. 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 Area 2A through annual rule making and annual IPHC 
review and recommendation of management measures for Secretarial 
review. The Area 2A 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 rulemaking, and 
the Secretary approved the plan on March 20, 1996 (61 FR 11337). The 
Area 4 CSP regulations were codified (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. Secretary of

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State has accepted the annual management measures recommended by the 
IPHC, implements Area 2A regulations supporting annual management 
measures recommended by IPHC, implements the Area 2A CSP, announces the 
GHLs for Areas 2C and 3A, and makes minor changes to the codified 
halibut regulations. The proposed rule for the Area 2A CSP was 
published on February 3, 2012 (77 FR 5473).
    Pursuant to regulations at 50 CFR 300.62, the approved IPHC 
regulations setting forth the 2012 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. NMFS could implement more 
restrictive regulations for the sport fishery for halibut or components 
of it; therefore, anglers are advised to check the current Federal or 
IPHC regulations prior to fishing.
    The IPHC held its annual meeting in Anchorage, Alaska, January 24-
27, 2012, and recommended a limited number of changes to the previous 
IPHC regulations (76 FR 14300, March 16, 2011). The Secretary of State 
approved the following changes to the previous IPHC regulations for 
2012:
    1. New halibut catch limits in all regulatory areas in Section 11;
    2. New commercial halibut fishery opening and closing dates in 
Section 8;
    3. Licensing requirements for retaining incidental Pacific Halibut 
caught in the Primary Sablefish Fishery North of Pt. Chehalis, 
Washington; in Sections 4 and 8;
    4. Modified logbook regulations in Areas 2A and 2B in Section 16;
    5. Adopting the revised Catch Sharing Plan (CSP) for Area 2A in 
Sections 22 and 26;
    6. Size limit on the halibut retained on board a charter vessel 
fishing in Regulatory Area 2C of less than 45 inches or greater than 68 
inches in length (a ``reverse slot limit'') in Section 28.
    These are the only changes to the previous IPHC regulations for the 
2012 fishing season. NMFS is publishing the 2012 IPHC regulations in 
this final rule to provide the public with the complete set of 
regulations.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2012 totaling 33,540,000 pounds (15,213 mt), an 
18.3 percent reduction from the 2011 catch limits for all areas. The 
IPHC staff reported on the 2011 assessment of the Pacific halibut stock 
that estimated coastwide biomass, with apportionment among regulatory 
areas based on the data from the annual IPHC standardized stock 
assessment survey. The IPHC recommended a 21.5 percent harvest rate for 
Area 2A through Area 3A, and a harvest rate of 16.1 percent for Areas 
3B, 4A, 4B and 4CDE. Catch limits adopted for 2012 were lower in all 
regions of the stock except Areas 2A and 2C. The IPHC also recommended 
using the harvest control rule it adopted in 2011 to implement the full 
reductions in catch limits identified by the stock assessment, rather 
than the partial (50 percent) reductions used in previous years. 
Concern exists over continued declining halibut catch rates in most 
areas and IPHC staff recommended continued action to reduce harvests. 
The IPHC staff also noted as a continuing problem that updated 
information often indicates that previous estimates of biomass are 
incorrect, and that as a result actual historical harvest rates of the 
halibut stock are higher than the estimates IPHC used to inform its 
stock assessments. IPHC scientists will be conducting additional 
research on this matter in 2012.
    The IPHC adopted the staff recommendations for catch limits in 2012 
for all areas except 2B. Catch limits adopted for Areas 2A and 2C in 
2012 were approximately 9 percent, and 13 percent higher, respectively, 
than in 2011. Catch limits adopted for Areas 2B, 3A, and 3B in 2012 
were approximately 8 percent, 17 percent, and 32 percent lower, 
respectively, than in 2011 Catch limits in Areas 4A, 4B, 4CD, and 4E 
were approximately 35 percent, 14 percent, 34 percent, and 26 percent 
lower, respectively, than in 2011.

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 
17, 2012. The date takes into account a number of factors, including 
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 closing date for the halibut 
fisheries is November 7, 2012. This date takes into account the 
anticipated time required to fully harvest the commercial halibut catch 
limits while providing adequate time for IPHC staff to review the 
complete record of 2012 commercial catch data for use in the 2013 stock 
assessment process.
    In the Area 2A directed fishery, each fishing period shall begin at 
0800 hours and terminate at 1800 hours local time on June 27, July 11, 
July 25, August 8, August 22, September 5, and September 19, 2012, 
unless the IPHC specifies otherwise. These 10-hour openings will occur 
until the quota is taken and the fishery is closed.

Modification of Area 2A Licensing Regulations

    Because the Area 2A TAC is over 900,000 lbs (408.2 mt), incidental 
take of halibut will be allowed in the sablefish primary fishery in 
2012. Therefore regulations pertaining to vessel licensing in Area 2A 
were updated at paragraph 4(4)(a) to allow vessels operating in the 
commercial halibut or sablefish primary fishery to choose a license 
that allows this type of participation.

Size Limit on the Halibut Retained on Board a Charter Vessel Fishing in 
Area 2C of Less Than or Equal to 45 Inches and Greater Than or Equal to 
68 Inches in Length

    This final rule prohibits a person onboard a charter vessel 
referred to in 50 CFR 300.65 and fishing in Area 2C from taking or 
possessing any halibut, with head on, that is greater than 45 inches 
(114.3 cm) and less than 68 inches (172.7 cm), as measured in a 
straight line, passing over the pectoral fin from the tip of the lower 
jaw with mouth closed, to the extreme end of the middle of the tail.
    The IPHC recognizes the role of the NPFMC to develop policy and 
regulations that allocate the Pacific halibut resource among fishermen 
in and off of Alaska, and that NMFS has developed numerous regulations 
to support the NPFMC's goals of limiting guided sport (charter) 
harvests over the past several years. The IPHC specifically recommended 
this additional size limit as a management measure in the Area 2C 
charter fishery, based on guidance from the NPFMC to limit charter 
halibut harvests to the stated harvest policy of the United States for 
the charter fishery, the GHL.
    The GHL was recommended by the NPFMC in February 2000, after 
several years of debate and refinement. NMFS published a final rule 
implementing the GHL on August 8, 2003 (68 FR 47256). The GHL 
establishes a pre-season estimate of the acceptable annual harvests for 
the charter fishery in Areas 2C and 3A. The GHLs are established as a 
total maximum poundage, which is responsive to annual fluctuations in 
abundance. For example, in the event of a reduction in either area's 
halibut

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biomass, as determined by the IPHC, the area GHL is reduced 
incrementally in a stepwise fashion in proportion to the reduction.
    Regulations at Sec.  300.65(c)(1) specify the GHLs based on the 
total constant exploitation yield (CEY) that is established annually by 
the IPHC. The CEY represents the target level for total halibut 
removals in an area for the coming year. The IPHC calculates the CEY in 
a given area by multiplying a target harvest rate by the estimate of 
exploitable biomass, or the portion of the biomass available to the 
fishery. The charter halibut fishery exceeded the GHL in Area 2C from 
2004 through 2010. During 2004 through 2007, the GHL was 1,432,000 
pounds. During that time period, charter harvests were approximately 
1,750,000 pounds in 2004, 1,952,000 pounds in 2005, 1,804,000 pounds in 
2006, and 1,918,000 pounds in 2007. In 2008, the GHL was 931,000 pounds 
and charter harvests were approximately 1,999,000 pounds. In 2009 the 
GHL was 788,000 pounds and the charter harvest was approximately 
1,245,000 pounds. In 2010, the GHL was 788,000 pounds and the charter 
harvest was approximately 1,249,000 pounds. The Area 2C charter harvest 
exceeded its GHL every year from 2004 through 2010 notwithstanding 
management measures designed by the NPFMC and implemented by NMFS to 
control sport halibut harvest to the GHL in this area.
    Recognizing that the GHL was not limiting fishing, the NPFMC 
recommended a CSP for Area 2C and Area 3A in October 2008, to replace 
the current GHL and establish specific allocations of halibut harvest 
between the charter and commercial setline fisheries in Area 2C and 3A. 
Under the CSP, the IPHC would annually establish one combined charter 
and commercial catch limit to which pre-specified sector allocation 
percentages would apply. Multiplying the specified percentage by the 
combined catch limit would result in a specific catch limit for each 
sector. Using a nondiscretionary process specified in Federal 
regulations, changes in the combined charter and commercial catch limit 
could trigger changes in the charter halibut bag and size limit in 
effect for that year.
    At the IPHC's annual meeting in January 2011, the IPHC became aware 
that charter halibut harvests in Area 2C were likely to exceed the 
788,000 pound GHL based on the well-established trend of charter 
harvests since 2004, and the demonstrated removals under existing 
regulations. Therefore, the IPHC concluded that additional restrictions 
were necessary to limit that charter harvest to the GHL and achieve the 
IPHC's overall conservation objective and the NPFMC's allocation 
objective for Area 2C.
    The IPHC determined that limiting charter harvests in Area 2C to 
one fish of no more than 37 inches would likely meet the multiple 
objectives established by the IPHC in 2011. The Secretary of State, 
with the concurrence of the Secretary, accepted the IPHC's recommended 
daily bag limit for charter vessel anglers in Area 2C of one halibut 
with a maximum length of 37 inches (94.0 cm) per day (76 FR 14300, 
March 16, 2011).
    In November 2011, the Alaska Department of Fish and Game (ADF&G) 
estimated that 2011 Area 2C charter harvests under the 37-inch maximum 
length rule totaled approximately 388,000 pounds, which is 
significantly below the GHL of 788,000 pounds. The NPFMC determined 
that the GHL would continue to be in place for the 2012 charter halibut 
season because the CSP would not be implemented for 2012. Based on the 
2011 charter harvest estimate that was well below the GHL under the 37-
inch maximum length limit regulation, the NPFMC determined that it 
would be appropriate for IPHC to consider management measures in 
addition to a maximum length limit to limit charter harvest to the GHL. 
To address this issue for 2012, the NPFMC requested that ADF&G analyze 
the following options for management measures for the Area 2C charter 
halibut fishery to limit charter harvest to the 2012 GHL:
    1. Maximum size limits;
    2. Reverse slot limits (anglers may retain fish under a relatively 
small maximum size limit and fish over a relatively high minimum size 
limit, but must return to the sea fish that are larger than the lower 
size limit and smaller than the upper size limit); and
    3. Closures on selected days of the week.
    In November 2011, the IPHC announced the total CEY for Area 2C in 
2012, which results in an Area 2C GHL of 931,000 pounds. In December 
2011, the NPFMC reviewed the analysis of the management measures to 
limit Area 2C charter harvest to the 2012 GHL and unanimously 
recommended that the IPHC implement a reverse slot limit with a lower 
limit of under 45 inches (U45) and an upper limit of over 68 inches 
(O68). This U45/O68 reverse slot limit would allow the retention of 
halibut approximately <= 32 pounds and >= 123 pounds (headed and 
gutted). In considering charter management measures for 2012, the NPFMC 
sought to select a management measure that would enable the charter 
sector to harvest an amount of halibut close to the GHL without 
exceeding it.
    The NPFMC noted that its U45/O68 reverse slot limit recommendation 
is likely to limit charter harvest to the GHL because the analysis 
projected that charter harvest under these length limits would be 6.4 
percent under the GHL. The NPFMC also determined that its 
recommendation was conservative because it assumes (1) the higher of 
two harvest projections of numbers of fish (45,338) harvested by 
charter vessel anglers in Area 2C based on the recent 3-year average; 
and (2) that charter vessel anglers will want to retain the largest 
halibut possible, will choose to release more smaller halibut in 
comparison to recent years, and this selectivity will result in 
approximately 20 percent more fish harvested that are greater than 68 
inches in length than in the previous fishing year.
    The NPFMC recommended a reverse slot limit instead of a maximum 
length limit based on input from its Charter Implementation Committee 
and charter fishery participants indicating that the reverse slot limit 
would provide anglers with an opportunity to retain a ``trophy'' fish 
(halibut larger than 68 inches), whereas a maximum length limit would 
prohibit retention of any halibut larger than the maximum length limit. 
These charter fishery stakeholders indicated that a reverse slot limit 
would be less likely to result in adverse economic impacts from reduced 
angler demand than a maximum length limit regulation.
    The NPFMC did not recommend daily closures because of identified 
enforcement difficulties and uncertainty regarding the effects of daily 
closures on charter harvest. Additionally, the day of the week closure 
would impact charter businesses differently, depending on their 
business model and their ability to change halibut fishing schedules 
for individual clients.
    The NPFMC requested that the IPHC implement the U45/O68 reverse 
slot limit in the 2012 Area 2C charter fishery. At its annual meeting 
in January 2012, the IPHC reviewed the ADF&G analysis the NPFMC used in 
developing its recommendation. The IPHC unanimously recommended 
implementing the U45/O68 reverse slot limit for charter anglers in Area 
2C for the 2012 halibut fishing season. The IPHC determined that its 
recommended reverse slot limit in Area 2C was necessary to prevent 
excess halibut harvest by charter vessel anglers as an immediate but 
interim measure for 2012. The IPHC's recommendation was based on the 
NPFMC's objective to implement a management measure that

[[Page 16743]]

would (1) restrict charter harvest to the GHL, and (2) be less likely 
to result in adverse economic impacts for charter operators from 
reduced angler demand than a maximum length limit regulation.

Area 2C Carcass Retention

    Current IPHC regulations prohibit the filleting, mutilation or 
other disfigurement of sport-caught halibut that would prevent the 
determination of the size or number of halibut possessed or landed. In 
Southeast Alaska Area 2C, the IPHC recommended maintaining the current 
regulation at section 28(2)(b) that a person onboard a charter vessel 
who possesses filleted halibut must also retain the entire carcass, 
with head and tail connected as a single piece, onboard the vessel 
until all the fillets are offloaded. This regulation was implemented in 
2011 to facilitate enforcement of the 37-inch maximum size limit and 
accounting of each charter vessel angler's halibut bag limit. The IPHC 
recommended maintaining the carcass retention requirement in 2012 to 
facilitate enforcement of the U45/O68 reverse slot limit in Area 2C.

Pacific Fishery Management Council's Area 2A Catch Sharing Plan and 
Codified Regulations

    In addition to implementing the IPHC recommendations, this final 
rule approves several Council-recommended changes to the Pacific 
Fishery Management Council's Area 2A CSP, implements the CSP through 
annual management measures, and makes minor changes to NMFS' codified 
regulations for the halibut fishery in Area 2A.

Changes to Codified Regulations for Area 2A

    This final rule makes minor corrections to the Federal regulations 
at Sec.  300.63 to make the term ``sablefish primary fishery'' 
consistent through the halibut regulations to match the groundfish 
regulations where the term is defined. Current halibut regulations use 
inconsistent terms to refer to the sablefish primary fishery. These 
changes are minor corrections and do not represent a shift in policy 
regarding the sablefish primary fishery or the halibut fishery.

Changes to the Area 2A Catch Sharing Plan; Annual Management Measures

    This final rule approves the CSP as revised by recommendations of 
the PFMC. For 2012 and beyond, the PFMC has recommended several minor 
changes to the Plan that would: Adjust the primary fishery schedule for 
the Washington South coast subarea to maintain the number of fishing 
days seen in previous years; adjust the quota split for the Columbia 
River subarea between the early and late fishery to better align the 
fishery with recent effort trends, and adjust the Oregon contribution 
to the subarea to better align the Oregon quota contribution to the 
Columbia River subarea quota with previous years' halibut landings from 
Oregon; adjust the Oregon Central Coast subarea spring and nearshore 
quotas to allow the maximum number of fishing days in each fishery and 
adjust the inseason adjustment rules for this subarea so that any 
remaining quota from the spring fishery may be allocated to either the 
summer fishery and/or the nearshore fishery. This final rule also 
adopts the annual domestic management measures for Area 2A. Changes to 
these management measures from 2011 are necessary to implement the 
IPHC's decision regarding the Area 2A total allowable catch (TAC) and 
the above-described changes to the Catch Sharing Plan.
    The adjustment in 2012 to the Oregon contribution to the quota for 
the Columbia River subarea results in a small portion of the overall 
Oregon/California sport fishery allocation being undistributed. The 
overall Oregon/California sport fishery allocation is separated into 
three components: (1) A contribution to the Columbia River subarea 
(previously 5 percent or amount equal to the Washington contribution, 
whichever was greater); (2) a 92 percent allocation to the Oregon 
Central Coast subarea; and (3) a 3 percent allocation to the South of 
Humbug subarea. In past years the Oregon contribution to the Columbia 
River subarea quota was set at 5 percent, because this amount was 
greater than the Washington contribution, meaning that the three 
components of the Oregon/California sport fishery allocation totaled 
100 percent. This year, the Oregon contribution is set equal to the 
Washington contribution, which is an amount less than 5 percent of the 
overall Oregon/California sport fishery allocation. This change results 
in a remainder of 2 percent undistributed Oregon/California sport 
fishery allocation. To remedy this situation NMFS is not making any 
long-term changes to allocations, but is distributing the remainder of 
the overall Oregon/California sport fishery allocation left after the 
Columbia River contribution is removed according to the Oregon/
California subarea allocations specified in the Plan; i.e., the 
remainder will be distributed 92 percent to the Central Coast subarea 
and 3 percent to the South of Humbug subarea. For 2013 and beyond NMFS 
anticipates that the Council will recommend changes to the CSP to 
address this issue.

Incidental Halibut Retention in the Sablefish Primary Fishery North of 
Pt. Chehalis, Washington

    The CSP provides that incidental halibut retention in the sablefish 
primary fishery north of Pt. Chehalis, Washington, will be allowed when 
the Area 2A TAC is greater than 900,000 lb (408.2 mt), provided that a 
minimum of 10,000 lb (4.5 mt) is available above a Washington 
recreational TAC of 214,100 lb (97.1 mt). In 2012, the TAC is 989,000 
lb (448.6 mt); therefore incidental halibut retention will be allowed 
in this fishery. Landing restrictions will be recommended by the PFMC 
for public review at its March meeting and final recommendations will 
occur at its April meeting. Following this meeting NMFS will publish 
the restrictions in the Federal Register.

Corrections to Federal Regulations at Sec.  300.63

    This rule makes minor corrections to the Federal regulations at 
Sec.  300.63 to make the term ``sablefish primary fishery'' consistent 
through the halibut regulations and match the groundfish regulations 
where the term is defined. Current halibut regulations inconsistently 
use the terms when referring to the sablefish primary fishery.

Area 2A Catch Sharing Plan and Annual Regulations; Comments and 
Responses

    NMFS accepted comments through February 21, 2012, on the proposed 
rule for the Area 2A CSP and annual regulations and received 2 public 
comments: One comment letter each from Washington Department of Fish 
and Wildlife (WDFW) and Oregon Department of Fish and Wildlife (ODFW) 
recommending season dates for halibut sport fisheries in each state.
    Comment 1: The WDFW held a public meeting following the IPHC's 
final 2012 TAC decisions to review the results of the 2011 Puget Sound 
halibut fishery, and to develop season dates for the 2012 sport halibut 
fishery. Based on the 2012 Area 2A TAC of 989,000 lb (448.6 mt), the 
halibut quota for the Puget Sound sport fishery is 57,393 lb (26 mt). 
Because the catch in this area exceeded the quota in 2008, 2009, and 
2010, WDFW will continue to use the highest catch rate seen over the 
last 5 years to determine the number of days available to the fishery. 
Within the Puget Sound

[[Page 16744]]

sport halibut fishery, WDFW recommends they open as follows: in the 
Eastern Region from May 3-19, Thursday through Saturday, and May 24-28, 
Thursday through Monday, and from May 31 through June 2, Thursday 
through Saturday. In the Western Region from May 24-28, WDFW recommends 
the fishery be open Thursday through Monday; and from May 31-June 23, 
Thursday through Saturday.
    Response: NMFS agrees with WDFW's recommended Puget Sound season 
dates. These dates will help keep this area within its quota, while 
providing for angler enjoyment and participation. Therefore, NMFS 
implements the dates in this final rule.
    Comment 2: ODFW held a public meeting following the final TAC 
decision by the IPHC to gather comments on the open dates for the 
recreational all-depth fishery in Oregon's Central Coast Subarea. 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 191,780 lb (86.9 mt) in 2012, based on the 
IPHC's 2012 TAC for Area 2A. Because of the increased TAC for 2012, 
ODFW recommends setting a Central Coast all-depth fishery of 12 days. 
ODFW recommends the following days for the spring fishery, within this 
subarea's parameters for a Thursday-Saturday season and with weeks of 
adverse tidal conditions skipped: Regular open days of May 10-12, 17-
19, 24-26 and May 31-June 2; back-up open days of June 14-16, 28-30, 
July 12-14, and 26-28. For the summer fishery in this subarea, ODFW 
recommended following the CSP's parameters of opening the first Friday 
in August, with open days to occur every other Friday-Saturday, unless 
modified in-season within the parameters of the CSP. Under the CSP, the 
2012 summer all-depth fishery in Oregon's Central Coast Subarea occurs: 
August 3-4, 17-18, August 31-September 1, 14-15, 28-29, October 12-13, 
and 26-27.
    Response: NMFS agrees with ODFW's recommended Central Coast season 
dates. These dates will help keep this area within its quota, while 
providing for angler enjoyment and participation. Therefore, NMFS 
implements the dates in this final rule.

Changes From the Proposed Rule

    On February 2, 2012, NMFS published a proposed rule to modify the 
CSP and recreational management measures for Area 2A (77 FR 5473). The 
final TAC amounts were not available until January 27, 2012, which was 
after the proposed rule needed to be drafted and sent to the Office of 
the Federal Register for timely publication. The provisions in the 
proposed rule were based on the preliminary estimate of the 2A TAC of 
989,000 lb. The final 2A TAC is unchanged from the proposed rule. There 
are four changes to sport fishery season dates in this final rule from 
the proposed rule. The first two changes are in sections (8)(b)(i)(A) 
and (B) in the annual management measures. These changes were made 
after discussion with WDFW to better align the season dates with past 
practices of having a ``quota management closure'' following the first 
two open periods; the dates listed in the proposed rule were in error 
and did not include a quota management closure.. The third change is in 
section (8)(d)(i). July 15th was listed as the closing date of the 
first open period, but it should be July 14th. The first open period is 
scheduled to close on a Saturday, and July 15 is a Sunday, therefore 
Saturday July 14 is the correct date. The final change is to season 
dates in section (8)(e)(i)(C). The opening of the summer season was 
incorrectly listed as September 7 and 8, the correct dates are 
September 14-15 to follow the season structure of being open every 
other week. The remainder of the changes in this final rule are to 
simply add dates for sport fisheries which were not listed in the 
proposed rule. The proposed rule does not contain final season dates 
because the states do not submit their final season date 
recommendations until the final TAC decision is made by the IPHC (after 
the publication of the proposed rule) and the states have held their 
public meetings. There are no other substantive changes from the 
proposed rule.

Guideline Harvest Levels for Areas 2C and 3A

    NMFS provides notice of the 2012 Pacific halibut GHLs for the 
charter fishery in IPHC Regulatory Areas 2C and 3A. This notice is 
necessary to meet the regulatory requirement at 50 CFR 300.65(c) to 
publish notice announcing the GHLs and to inform the public about the 
2012 GHLs for the charter fishery for halibut. The GHLs are benchmark 
harvest levels for participants in the charter fishery. Regulations at 
Sec.  300.65(c)(1) specify the GHLs based on the total CEY that is 
established annually by the IPHC. The total CEY for 2012 is 5,865,000 
pounds (2,660.3 mt) in Area 2C, and 19,779,000 pounds (8,971.6 mt) in 
Area 3A. The corresponding GHLs are 931,000 pounds (422.3 mt) in Area 
2C, and 3,103,000 pounds (1,407.5 mt) in Area 3A.

Annual Halibut Management Measures

    The following annual management measures for the 2012 Pacific 
halibut fishery are those recommended by the IPHC and accepted by the 
Secretary of State, with the concurrence of the Secretary. The sport 
fishing regulations for Area 2A, included in paragraph 26, are 
consistent with the measures adopted by the IPHC 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.

3. Definitions

    (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;

[[Page 16745]]

    (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 
percent deduction for ice and slime and a 10 percent 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\ 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.
---------------------------------------------------------------------------

    (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 to 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 to a vessel, 
without fee, from its office in Seattle, Washington, upon receipt of a 
completed, written, and signed ``Application for Vessel License for the 
Halibut Fishery'' form.
    (7) A vessel operating in the directed commercial fishery or the 
incidental commercial fishery during the sablefish fishery in Area 2A 
must have its ``Application for Vessel License for the Halibut 
Fishery'' form postmarked no later than 11:59 p.m. on April 30, or on 
the first weekday in May if April 30 is a Saturday or Sunday.
    (8) A vessel operating in the incidental commercial fishery during 
the salmon troll season in Area 2A must have its ``Application for 
Vessel License for the Halibut Fishery'' form postmarked no later than 
11:59 p.m. on March 31, or the first weekday in April if March 31 is a 
Saturday or Sunday.
    (9) Application forms may be obtained from any authorized officer 
or from the Commission.
    (10) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (11) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (12) Licenses issued under this section shall be valid only during 
the year in which they are issued.
    (13) A new license is required for a vessel that is sold, 
transferred, renamed, or 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.
    (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 Canada and the United 
States of America 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

[[Page 16746]]

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, 
establishing or modifying 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]11'56'' N. 
latitude, 136[deg]38'26'' 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; and
    (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 27, July 13, July 11, July 25, August 8, August 22, September 5, 
and September 19 unless the Commission specifies otherwise.
---------------------------------------------------------------------------

    \2\ 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) 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. This fishery will 
occur between 1200 hours local time on March 17 and 1200 hours local 
time on November 7.
---------------------------------------------------------------------------

    \3\ The incidental fishery during the directed, fixed gear 
sablefish season is restricted to waters that are north of Point 
Chehalis, Washington (46[deg]53'18'' N. latitude) under regulations 
promulgated by NMFS at CFR 300.63. Landing restrictions for halibut 
retention in the fixed gear sablefish fishery can be found at CFR 
660.231.
---------------------------------------------------------------------------

    (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. This 
fishery will occur between 1200 hours local time on March 17 and 1200 
hours local time on November 7.
    (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 17 and terminate at 
1200 hours local time on November 7, 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 
7.

9. Closed Periods

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

[[Page 16747]]

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:

              Catch Limit in Net Weight by Regulatory Area
------------------------------------------------------------------------
                                            Catch limit--net weight
           Regulatory area           -----------------------------------
                                           Pounds          Metric tons
------------------------------------------------------------------------
2A: directed commercial, and                   203,784              92.4
 incidental commercial catch during
 salmon troll fishery...............
2A: incidental commercial during                21,173               9.6
 sablefish fishery..................
2B \4\..............................         7,038,000           3,191.8
2C..................................         2,624,000           1,190.0
3A..................................        11,918,000           5,405.0
3B..................................         5,070,000           2,299.3
4A..................................         1,567,000             710.7
4B..................................         1,869,000             847.6
4C..................................         1,107,355             502.2
4D..................................         1,107,355             502.2
4E..................................           250,290             113.5
------------------------------------------------------------------------

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

    \4\ Area 2B includes the combined commercial and sport catch 
limits which will be allocated by DFO.
---------------------------------------------------------------------------

    (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 
7, whichever is earlier.
    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, and 4E will each close only when all Individual Fishing Quotas 
(IFQ) and all CDQs issued by NMFS have been taken, or November 7, 
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 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.
    Area 2B includes combined commercial and sport catch limits which 
will be allocated by DFO.

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

[[Page 16748]]

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 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 or 4D may be obtained only at St. Paul or St. 
George, Alaska, from an authorized officer of the United States, a 
representative of the Commission, or a designated fish processor by VHF 
radio and allowing the person contacted to confirm visually the 
identity of the vessel.
    (6) The vessel operator shall specify the specific regulatory area 
in which fishing will take place.
    (7) Before unloading any halibut caught in Area 4A, a vessel 
operator may obtain the clearance required under paragraph (1) only in 
Dutch Harbor or Akutan, Alaska, by contacting an authorized officer of 
the United States, a representative of the Commission, or a designated 
fish processor.
    (8) Before unloading any halibut caught in Area 4B, a vessel 
operator may obtain the clearance required under paragraph (1) only in 
Nazan Bay on Atka Island or Adak, by contacting an authorized officer 
of the United States, a representative of the Commission, or a 
designated fish processor by VHF radio or in person.
    (9) Before unloading any halibut caught in Area 4C 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 Area 4C or 
4D or 4E and lands its total annual halibut catch at a port within Area 
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.

[[Page 16749]]

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 Sablefish Logbook, Oregon Department of 
Fish and Wildlife (ODFW) Fixed Gear 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, ODFW, or 
California Department of Fish and Game) or Tribal vessel number;
    (b) The date(s) upon which the fishing gear is set or retrieved;
    (c) The latitude and longitude 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 0000 (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 registration number;
    (b) The date(s) upon which the fishing gear is set and retrieved;
    (c) The latitude and longitude coordinates for each set;
    (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.
    (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 
offload; \5\ and
---------------------------------------------------------------------------

    \5\ DFO has more restrictive regulations; therefore, section 17 
paragraph (2)(b) does not apply to fish caught in Area 2B or landed 
in British Columbia.
---------------------------------------------------------------------------

    (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 offloading.
    (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 (State, Tribal or Federal, but not IPHC 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 (State, Tribal or Federal, 
not IPHC 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 in accordance with 
NMFS regulation published at 50 CFR part 679.
    (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 (in pounds) obtained at

[[Page 16750]]

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 (11).
    (14) No person shall tag halibut unless the tagging is authorized 
by IPHC permit or by a Federal or State agency.

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 
regulations \6\ published at 50 CFR 679.7(f)(4); and
---------------------------------------------------------------------------

    \6\ Without an observer, a vessel cannot have on board more 
halibut than the IFQ for the area that is being fished, even if some 
of the catch occurred earlier in a different area.
---------------------------------------------------------------------------

    (b) Can identify the regulatory area in which each halibut on board 
was caught by separating halibut from different areas in the hold, 
tagging halibut, or by other means.
    (3) Halibut caught in more than one of the Regulatory Areas 4A, 4B, 
4C, or 4D may be possessed on board a vessel at the same time 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 679.7(f)(4); or has an 
operational 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 hold, 
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).

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 halibut 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 halibut 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

[[Page 16751]]

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 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) Regulations in paragraph (3) of this section that apply to 
State fish tickets apply to Tribal tickets that are authorized by 
Washington Department of Fish and Wildlife.
    (5) Section 4 (Licensing Vessels for Area 2A) does not apply to 
commercial fishing for halibut in Subarea 2A-1 by treaty Indian tribes.
    (6) Commercial fishing for halibut in Subarea 2A-1 is permitted 
with hook and line gear from March 17 through November 7, or until 
321,650 pounds (145.9 metric tons) net weight is taken, whichever 
occurs first.
    (7) 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 24,500 pounds (11.1 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 on board 
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) 203,783 pounds (92.4 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 mt).

[[Page 16752]]

    (i) The fishing season in eastern Puget Sound (east of 
123[deg]49.50' W. long., Low Point) is open May 3-19, 3 days per week, 
Thursday-Saturday. May 24-28, Thursday-Monday. May 31-June 2, 3 days 
per week, Thursday through Saturday. The fishing season in western 
Puget Sound (west of 123[deg]49.50' W. long., Low Point) is open May 
24-28, Thursday-Monday, and open May 31-June 23, 3 days a week, 
Thursday-Saturday.
    (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 mt).
    (i) The fishing seasons are:
    (A) Commencing on May 10 and continuing 2 days a week (Thursday and 
Saturday) until 108,030 lb (49 mt) are estimated to have been taken and 
the season is closed by the Commission or until May 19.
    (B) If sufficient quota remains the fishery will reopen on May 31 
and/or June 2 in the entire north coast subarea, continuing 2 days per 
week (Thursday and Saturday) 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 mt) is estimated to have been taken and 
the area is closed by the Commission, or until September 30, whichever 
is earlier. After May 19, any fishery opening will be announced on the 
NMFS hotline at 800-662-9825. No halibut fishing will be allowed after 
May 19 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 30-fm depth contour is 
defined in groundfish regulations at 50 CFR 660.71(e).
    (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 in groundfish regulations at Sec.  660.70(a).
    (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 lb (19.3 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]31.70' N. lat. south to 46[deg]58.00' 
N. lat. and east of a boundary line approximating the 30 fm depth 
contour. This area is defined by straight lines connecting all of the 
following points in the order stated as described by the following 
coordinates (the Washington South coast, northern nearshore area):
    (1) 47[deg]31.70' N. lat, 124[deg]37.03' W. long;
    (2) 47[deg]25.67' N. lat, 124[deg]34.79' W. long;
    (3) 47[deg]12.82' N. lat, 124[deg]29.12' W. long;
    (4) 46[deg]58.00' N. lat, 124[deg]24.24' W. long.
    The south coast subarea quota will be allocated as follows: 40,739 
lb (18.4 mt) for the primary fishery and 2,000 lb (0.9 mt) for the 
nearshore fishery. The primary fishery commences on May 6 and continues 
2 days a week (Sunday and Tuesday) until May 22. If the primary quota 
is projected to be obtained sooner than expected the management closure 
may occur earlier. Beginning on June 3 the primary fishery will be open 
at most 2 days per week (Sunday and/or Tuesday) 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 6 and continues 
seven days per week. Subsequent to closure of the primary fishery the 
nearshore fishery is open seven days per week, until 42,739 lb (19.3 
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) Seaward of the boundary line approximating the 30-fm depth 
contour and during days open to the primary fishery, lingcod may be 
taken, retained and possessed when allowed by groundfish regulations at 
50 CFR 660.360, Subpart G.
    (iv) 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 
established to protect yelloweye rockfish. The South Coast Recreational 
YRCA is defined at 50 CFR 660.70(d). The Westport Offshore YRCA is 
defined at 50 CFR 660.70(e).
    (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 11,895 lb (5.3 mt).
    (i) The fishing season commences on May 3, and continues 3 days a 
week (Thursday, Friday and, Saturday) until 9,516 lb (4.3 mt) are 
estimated to have been taken and the season is closed by the Commission 
or until July 14, whichever is earlier. The fishery will reopen on 
August 3 and continue 3 days a week (Friday through Sunday) until 2,379 
lb (1.1 mt) have been taken and the season is closed by the Commission,

[[Page 16753]]

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, when 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 191,780 lb (86.9 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 
(23,014 lb (10.4 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 at Sec.  660.71(k).
    (B) The second season (spring season), which is for the ``all-
depth'' fishery, is open three days week, Thursday through Saturday, on 
May 10-12, May 17-19, May 24-26, May 31-June 2, 2012. The projected 
catch for this season is 120,821 lb (54.8 mt). If sufficient 
unharvested catch remains for additional fishing days, the season will 
re-open. Depending on the amount of unharvested catch available, the 
potential season re-opening dates will be: June 14-16, June 28-30, July 
12-14, and July 26-28. 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'' fishery, will be open 
every other Friday and Saturday on August 3-4, August 17-18, August 31-
September 1, September 14-15, September 28-29, October 12-13 and 
October 26-27, 2012, or until the combined spring season and summer 
season quotas in the area between Cape Falcon and Humbug Mountain, OR, 
totaling 168,766 lb (76.5 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 sufficient 
quota remains after the last day of the first scheduled open period 
August 4, 2012. If, after this date, an amount 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 and Saturday, 
beginning August 17-18, August 31-September 1. If after September 3, an 
amount 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 and Saturday, the fishery may re-open 
every Friday and Saturday, beginning September 14 and 15, and ending 
October 31. After September 3, 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 possess 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 at Sec.  660.70(f).
    (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 6,056 lb (2.7 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: \7\
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

    (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.

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

    (1) In waters in and off Alaska: \8\
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

    (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 50 CFR 300.65; and
    (c) No person may possess more than two daily bag limits.
    (2) No person on board a charter vessel \9\ referred to in 50 CFR 
300.65 and fishing in Regulatory Area 2C shall take or possess any 
halibut that:
---------------------------------------------------------------------------

    \9\ Charter vessels are prohibited from harvesting halibut in 
Area 2C and 3A during one charter vessel fishing trip under 
regulations promulgated by NMFS at CFR 300.66.
---------------------------------------------------------------------------

    (a) With head on, is greater than 45 inches (114.3 cm) and less 
than 68 inches (172.7 cm) as measured in a straight line, passing over 
the pectoral fin from the tip of the lower jaw with

[[Page 16754]]

mouth closed, to the extreme end of the middle of the tail, as 
illustrated in Figure 3; and
    (b) If the halibut is filleted the entire carcass, with head and 
tail connected as a single piece, must be retained on board the vessel 
until all fillets are offloaded.
    (3) 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.

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.

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Classification

IPHC Regulations

    These IPHC annual management measures are a product of an agreement 
between the United States and Canada and are published in the Federal 
Register to provide notice of their effectiveness and content. The 
notice-and-comment and delay-in-effectiveness date provisions of the 
Administrative Procedure Act (APA), 5 U.S.C. 553, are inapplicable to 
IPHC management measures because this regulation involves a foreign 
affairs function of the United States, 5 U.S.C. 553(a)(1). 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. Accordingly, 
no Regulatory Flexibility Analysis is required for this portion of the 
rule and none has been prepared.

2012 Area 2A Catch Sharing Plan, Annual Management Measures and Federal 
Regulations

    Section 5 of the Northern Pacific Halibut Act of 1982 (Halibut Act, 
16 U.S.C. 773c) allows the Regional Council having authority for a 
particular geographical area to develop regulations governing the 
allocation and catch of halibut in U.S. Convention waters as long as 
those regulations do not conflict with IPHC regulations. This action is 
consistent with the Pacific Council's authority to allocate halibut 
catches among fishery participants in the waters in and off the U.S. 
West Coast.
    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. A copy of the FRFA is available from the NMFS Northwest 
Region (see ADDRESSES) and a summary of the FRFA follows:
    The main management objective for the Pacific halibut fishery in 
Area 2A is to manage fisheries to remain within the TAC for Area 2A, 
while also allowing each commercial, recreational (sport), and tribal 
fishery to target halibut in the manner that is appropriate to meet 
both the conservation requirements for species that co-occur with 
Pacific halibut and the needs of fishery participants in particular 
fisheries and fishing areas.
    The changes to the CSP, which allocates the catch of Pacific 
halibut among users in Washington, Oregon and California, and the 
codified regulations:
    1. Adjust the primary fishery schedule for the Washington South 
coast subarea (section (f)(1)(iii)) to be open for the first 3 
consecutive weeks Sunday and Tuesday and closed the following week.
    2. Adjust the subarea quota split for the Columbia River subarea 
(section (f)(1)(iv)) between the early and late fishery from 70 percent 
for the early fishery and 30 percent for the late fishery to 80 percent 
for the early fishery and 20 percent for the late fishery, and adjust 
the Oregon contribution to the subarea quota to equal the Washington 
contribution.
    3. Adjust the Oregon Central Coast subarea quota (section 
(f)(1)(v)) from 67 percent to 63 percent for the spring fishery and 
from 8 percent to 12 percent for the nearshore fishery and allow 
remaining quota to be allocated from the spring fishery to either the 
summer fishery and/or the nearshore fishery.
    4. Make minor corrections to regulations at 300.63, to make the 
term ``sablefish primary fishery'' consistent through the halibut 
regulations and match the groundfish regulations where the term is 
defined. Current halibut regulations use inconsistent terms when 
referring to the same fishery.
    Under the RFA, NMFS must identify the small entities impacted by 
this rule, describe that impact, and describe any alternatives 
considered. Under the Small Business Administration's (SBAs) 
regulations implementing the RFA, a fishing entity is considered 
``small'' if it has gross annual receipts of less than $4 million. A 
governmental jurisdiction (i.e., town or community) is considered a 
small entity if it has fewer than 50,000 people.
    Although many small and large nonprofit enterprises track fisheries 
management issues on the West Coast, the changes to the Plan, codified 
regulations and annual management measures will not directly affect 
those enterprises. Similarly, although many fishing communities are 
small governmental jurisdictions, no direct regulations for those 
governmental jurisdictions will result from this rule. However, 
charterboat operations and participants in the non-treaty directed 
commercial fishery off the coast of Washington, Oregon, and California, 
are small businesses that are directly regulated by this rule. 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). In 2011, 604 vessels were issued IPHC 
licenses to retain halibut. IPHC issues licenses for: the directed 
commercial fishery in Area 2A (147 licenses in 2011); incidental 
halibut caught in the salmon troll fishery (316 licenses in 2011); and 
the charterboat fleet (141 licenses in 2011). 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. Current Pacific 
Fishery Management Council estimates show that there are 44 tribal 
longline vessels. Therefore, the total estimate of affected entities is 
648 vessels when tribal vessels are combined with IPHC licenses. The 
total estimated of the directed commercial fishery fleet for 2012 is 
191 vessels (147 directed commercial fishery licenses plus 44 tribal 
vessels). In 2008, the total directed commercial fleet was about 340 
vessels.
    NMFS does not have the data to analyze the impacts of these 
regulations on the charterboat fleet. However, impacts on the directed 
commercial fleets can be estimated via changes in ex-vessel revenues. 
According to the Pacific States Marine Fisheries Commission PacFIN data 
reports (Report 307), halibut prices have varied significantly by year: 
2008--$3.57/lb, 2009--$2.72/lb, and through November 2010--$4.01 per 
lb. At $4.01 per lb, the projected ex-vessel value of the 2012 
commercial tribal (346,150 lbs) and non-tribal (203,783 lbs) fishery is 
about $2.2 million. Therefore, average ex-vessel revenue to potential 
participant in the directed commercial halibut fleet is expected to 
receive is about $12,000 ($2.2 million divided by 191 vessels). At 
$3.57/lb, the estimated ex-vessel value of the 2008 commercial tribal 
(397,000 lbs) and non-tribal (321,381 lbs) fishery is $2.6 million. 
With a directed commercial fleet of 340 vessels, the 2008 estimated 
average revenue per potential participating vessel is about $7,500 per 
vessel. Compared to 2008, despite the decline in the TAC, vessels are 
benefiting from higher prices and fewer competing vessels.
    The RIR/FRFA relies on the analysis in the 2009 RIR, which used 
information from the Pacific Fishery

[[Page 16759]]

Management Council's Final Environmental Impact Statement (FEIS) 
(available at ADDRESSES) on the 2009-2010 Groundfish Biennial Harvest 
Specifications and Management Measures to make personal income impact 
projections of the TAC on coastal communities. Personal income is 
considered a key indicator of economic activity, and is used in 
economic analysis to evaluate distributional effects on local and 
regional economies associated with changes in regulations. Income 
impacts include the amount of employee salaries and benefits, business 
owner (proprietor) income, and property-related income (rents, 
dividends, interest, royalties, etc.) that result from commercial 
fishing and recreational expenditures. Using available analysis from 
the FEIS, the 2009 RIR estimated that the 2008 commercial, 
recreational, and tribal fisheries generated about $8.8 million in 
personal income for the coastal tribal and non-tribal communities. This 
2008 estimate was based on a TAC of 1,220,000 lbs. For 2012, the TAC is 
989,000 lbs, or about 81 percent of the 2008 TAC. On a proportional 
basis, this decline would suggest that the income impacts for 2012 
would be about $7.0 million in 2008 dollars. Using the change in ex-
vessel revenues as means of forecasting the change in community impact, 
the estimated 2012 income impact on coastal communities is about $7.5 
million.)
    NOAA Fisheries cannot exempt small entities or change the reporting 
requirements for small entities, because the limits and reporting 
requirements are determined by international negotiations. Thus, there 
are no other alternatives to the rule that minimize the impacts on 
small entities. The major economic effect on the fishery is from a 
change in the TAC which is set by international agreement. 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 
will be very similar to last year's management measures.
    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.
    WDFW and ODFW held public meetings and crafted alternatives to 
adjust management of the sport halibut fisheries in their states. The 
states then narrowed the alternatives under consideration and brought 
the resulting subset of alternatives to the Council at the Council's 
September and November 2011 meetings. The Council and the States both 
considered a range of alternatives that could have similarly improved 
angler enjoyment of participation in the fisheries while simultaneously 
protecting halibut and co-occurring groundfish species from 
overharvest. The range of alternatives that were considered, but 
ultimately rejected, includes alternate fishery structures, such as 
opening the sport fisheries on different days of the week than the 
final preferred alternative. Generally, because they have been through 
the state public review process by the time the alternatives reach the 
Council, there are not a large number of alternatives. Rather, the 
range of alternatives has generally been reduced to the proposed action 
and the status quo. The status quo alternative was rejected because it 
would fail to: align subarea quotas with recent participation, adjust 
season subarea quota splits to better match participation; and correct 
the codified regulations consistent with the groundfish regulations.
    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. Section 302(b)(5) of 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.
    NMFS NWR has initiated consultation on the halibut fishery under 
section 7 of the ESA because of the listing of yelloweye, canary, and 
bocaccio rockfish of the Puget Sound/Georgia Basin. Area 2A partially 
overlaps with the Distinct Population Segments (DPSs) for listed 
rockfish. NMFS completed a 7(a)(2)/7(d) determination memo under the 
Endangered Species Act (ESA) finding that bycatch in the 2012 fishery 
was not likely to be a significant impact on listed species, that 
direct effects of the fishery (e.g. direct takes) were not likely to 
jeopardize the continued existence of any listed species, and that in 
no way did the 2012 fishery make an irreversible or irretrievable 
commitment of resources by the agency. At this time the consultation is 
not completed.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, and Indian fisheries.

    Dated: March 16, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

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

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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.  300.63, paragraphs (b)(3), (d)(1)(ii), (d)(3), (d)(4), 
(d)(6), and (e)(2) are revised to read as follows:


Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (b) * * *
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the sablefish primary fishery north of 
46[deg]53.30' N. lat, (Pt. Chehalis, Washington), which is regulated 
under 50 CFR 660.231. This fishing opportunity is only available in 
years in which the Area 2A TAC is greater than 900,000 lb (408.2 mt,) 
provided that a

[[Page 16760]]

minimum of 10,000 lb (4.5 mt) is available above a Washington 
recreational TAC of 214,100 lb (97.1 mt). Each year that this harvest 
is available, the landing restrictions necessary to keep this fishery 
within its allocation will be recommended by the Pacific Fishery 
Management Council at its spring meetings, and will be published in the 
Federal Register. These restrictions will be designed to ensure the 
halibut harvest is incidental to the sablefish harvest and will be 
based on the amounts of halibut and sablefish available to this 
fishery, and other pertinent factors. The restrictions may include 
catch or landing ratios, landing limits, or other means to control the 
rate of halibut landings.
    (i) In years when this incidental harvest of halibut in the 
sablefish primary fishery north of 46[deg]53.30' N. lat. is allowed, it 
is allowed only for vessels using longline gear that are registered to 
groundfish limited entry permits with sablefish endorsements and that 
possess the appropriate incidental halibut harvest license issued by 
the Commission.
    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 46[deg]53.30' N. lat. that were taken and retained as 
incidental catch authorized by this section in the sablefish primary 
fishery.
* * * * *
    (d) * * *
    (1) * * *
    (ii) The commercial directed fishery for halibut during the fishing 
period(s) established in section 8 of the annual domestic management 
measures and IPHC regulations and/or the incidental retention of 
halibut during the sablefish primary fishery described at 50 CFR 
660.231; or
* * * * *
    (3) No person shall fish for halibut in the directed commercial 
halibut fishery during the fishing periods established in section 8 of 
the annual domestic management measures and IPHC regulations and/or 
retain halibut incidentally taken in the sablefish primary fishery in 
Area 2A from a vessel that has been used during the same calendar year 
for the incidental catch fishery during the salmon troll fishery as 
authorized in Section 8 of the annual domestic management measures and 
IPHC regulations.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the 
sablefish primary fishery in Area 2A from a vessel that, during the 
same calendar year, has been used in the sport halibut fishery in Area 
2A or that is licensed for the sport charter halibut fishery in Area 
2A.
* * * * *
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures and IPHC regulations taken on a vessel that, during the same 
calendar year, has been used in the directed commercial halibut fishery 
during the fishing periods established in Section 8 of the annual 
domestic management measures and IPHC regulations and/or retained 
halibut incidentally taken in the sablefish primary fishery for Area 2A 
or that is licensed to participate in these commercial fisheries during 
the fishing periods established in Section 8 of the annual domestic 
management measures and IPHC regulations in Area 2A.
    (e) * * *
    (2) Non-treaty commercial vessels operating in the incidental catch 
fishery during the sablefish primary fishery north of Pt. Chehalis, 
Washington, in Area 2A are required to fish outside of a closed area. 
Under Pacific Coast groundfish regulations at 50 CFR 660.230, fishing 
with limited entry fixed gear is prohibited within the North Coast 
Commercial Yelloweye Rockfish Conservation Area (YRCA). It is unlawful 
to take and retain, possess, or land halibut taken with limited entry 
fixed gear within the North Coast Commercial YRCA. The North Coast 
Commercial YRCA is an area off the northern Washington coast, 
overlapping the northern part of the North Coast Recreational YRCA, and 
is defined by straight lines connecting latitude and longitude 
coordinates. Coordinates for the North Coast Commercial YRCA are 
specified in groundfish regulations at 50 CFR 660.70(b).
* * * * *
[FR Doc. 2012-6858 Filed 3-19-12; 11:15 am]
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