[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Rules and Regulations]
[Pages 12730-12746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04407]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 161222999-7201-01]
RIN 0648-BG58


Pacific Halibut Fisheries; Catch Sharing Plan

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

ACTION: Final rule.

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SUMMARY: The Assistant Administrator for Fisheries, National Oceanic 
and Atmospheric Administration (NOAA), on behalf of the International 
Pacific Halibut Commission (IPHC), publishes as regulations the 2017 
annual management measures governing the Pacific halibut fishery that 
have been recommended by the IPHC and accepted by the Secretary of 
State. This action is intended to enhance the conservation of Pacific 
halibut and further the goals and objectives of the Pacific Fishery 
Management Council (PFMC) and the North Pacific Fishery Management 
Council (NPFMC).

DATES: The IPHC's 2017 annual management measures are effective March 
3, 2017. The 2017 management measures are effective until superseded.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 West Coast 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, identified by docket number NOAA-NMFS-2016-0159.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Rachel Baker or 
Julie Scheurer, 907-586-7228; or, for waters off the U.S. West Coast, 
Gretchen Hanshew, 206-526-6147.

SUPPLEMENTARY INFORMATION: 

Background

    The IPHC has recommended regulations that would govern the Pacific 
halibut fishery in 2017, pursuant to 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, may accept or reject, on behalf of the 
United States, regulations recommended by the IPHC in accordance with 
the Convention (Halibut Act, Sections 773-773k). The Secretary of 
State, with the concurrence of the Secretary of Commerce, accepted the 
2017 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-
773k.
    The Halibut Act provides the Secretary of Commerce 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 of Commerce 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 halibut management programs for three fisheries that 
harvest halibut in Alaska: The subsistence, sport, and commercial 
fisheries. The PFMC has exercised this authority by developing a catch 
sharing plan governing the allocation of halibut and management of 
sport fisheries on the U.S. West Coast.
    Subsistence and sport halibut fishery regulations for Alaska are 
codified at 50 CFR part 300. Commercial halibut fisheries in Alaska are 
subject to the Individual Fishing Quota (IFQ) Program and Community 
Development Quota (CDQ) Program (50 CFR part 679) regulations, and the 
area-specific catch sharing plans.
    The IPHC apportions catch limits for the Pacific halibut fishery 
among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and 
California), Area 2B (British Columbia), Area 2C (Southeast Alaska), 
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and 
Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and 
Aleutian Islands of Western Alaska).

[[Page 12731]]

    The NPFMC implemented a catch sharing plan (CSP) among commercial 
IFQ and CDQ halibut fisheries in IPHC Regulatory Areas 4C, 4D, and 4E 
(Area 4, Western Alaska) through rulemaking, and the Secretary of 
Commerce approved the plan on March 20, 1996 (61 FR 11337). The Area 4 
CSP regulations were codified at 50 CFR 300.65, and were amended on 
March 17, 1998 (63 FR 13000). New annual regulations pertaining to the 
Area 4 CSP also may be implemented through IPHC action, subject to 
acceptance by the Secretary of State.
    The NPFMC recommended and NMFS implemented through rulemaking a CSP 
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC 
Regulatory Area 2C and Area 3A on January 13, 2014 (78 FR 75844, 
December 12, 2013). The Area 2C and 3A CSP regulations are codified at 
50 CFR 300.65. The CSP defines an annual process for allocating halibut 
between the commercial and charter fisheries so that each sector's 
allocation varies in proportion to halibut abundance, specifies a 
public process for setting annual management measures, and authorizes 
limited annual leases of commercial IFQ for use in the charter fishery 
as guided angler fish (GAF).
    The IPHC held its annual meeting in Victoria, British Columbia, 
Canada, January 23-27, 2017, and recommended a number of changes to the 
previous IPHC regulations (81 FR 14000, March 16, 2016). The Secretary 
of State accepted the annual management measures, including the 
following changes to the previous IPHC regulations for 2017:
    1. New commercial halibut fishery opening and closing dates in 
Section 8;
    2. New halibut catch limits in all regulatory areas in Section 11;
    3. New requirement that commercial halibut be landed and weighed 
with the head attached in Section 13;
    4. Revised regulations pertaining to fishing in multiple regulatory 
areas in Section 18; and
    5. New management measures for Area 2C and Area 3A guided sport 
fisheries in Section 28, and in Figures 3 and 4.
    Pursuant to regulations at 50 CFR 300.62, the 2017 IPHC annual 
management measures are published in the Federal Register to provide 
notice of their immediate regulatory effectiveness and to inform 
persons subject to the regulations of their restrictions and 
requirements. Because NMFS publishes the regulations applicable to the 
entire Convention area, these regulations include some provisions 
relating to and affecting Canadian fishing and fisheries. NMFS may 
implement more restrictive regulations for the fishery for halibut or 
components of it; therefore, anglers are advised to check the current 
Federal and IPHC regulations prior to fishing.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States catch limits for 2017 totaling 31,400,000 lb (14,242.80 mt). The 
IPHC recommended area-specific catch limits for 2017 that were higher 
than 2016 in most of its management areas except Areas 4A and 4B, where 
catch limits remained at the same level as in 2016. A description of 
the process the IPHC used to set these catch limits follows.
    In 2016, the IPHC conducted its annual stock assessment using a 
range of updated data sources as described in detail in Chapter 4 of 
the 2016 IPHC Report of Assessment and Research Activities (2016 RARA; 
available at www.iphc.int). The IPHC used an ``ensemble'' of four 
equally weighted models, comprised of two long time-series models, and 
two short time-series models that use data series either divided by 
geographical region (IPHC Regulatory Area) or aggregated into coastwide 
summaries, to evaluate the Pacific halibut stock. These models 
incorporate data from the 2016 IPHC survey, the most recent NMFS trawl 
survey, weight-at-age estimates by region, and age distribution 
information for bycatch, sport, and sublegal discard removals. As has 
been the case since 2012, the results of the ensemble models are 
integrated, and incorporate uncertainty in natural mortality rates, 
environmental effects on recruitment, and in other model parameters.
    The results at the end of 2016 indicate that the Pacific halibut 
stock declined continuously from the late 1990s to around 2010, as a 
result of decreasing size at a given age (size-at-age), as well as 
somewhat weaker recruitment strengths than those observed during the 
1980s. The biomass of spawning females is estimated to have stabilized 
near 200,000,000 lb (90,718 mt) in 2010, and since then the stock is 
estimated to have been increasing gradually. Results of the 2016 
assessment show a slight decrease from the 2015 assessment due to 
additional data from 2016 and updated recruitment estimates. Overall, 
the ensemble models predict that the stock would decrease gradually 
between 2018 and 2020 if total removals are maintained around 
40,000,000 lb (18,144 mt).
    The IPHC does not currently have an explicit target for the 
allowable level of total removals, also called coastwide fishing 
intensity; thus, it is uncertain if current levels of fishing intensity 
are consistent with the objectives of the IPHC's harvest policy. The 
IPHC harvest decision table (Table 4 in Chapter 4.2 of the 2016 RARA) 
provides a comparison of the relative risk of a decrease in stock 
abundance, status, or fishery metrics, for a range of alternative 
harvest levels for 2017. The IPHC adopted catch limits for 2017 
totaling 31,400,000 lb (14,243.80 mt) coastwide. If these catch limits 
are fully harvested in 2017, and other sources of removals from 
bycatch, personal use, sport, subsistence, and wastage in the 
commercial fishery in 2017 are similar to those observed in 2016, then 
the total removals would be approximately 43,300,000 lb (19,640 mt) in 
2017. At 43,300,000 lb of total removals from all sources, the IPHC 
estimates that the spawning stock biomass will decrease over the period 
from 2018 to 2020 relative to 2017. Specifically, the IPHC estimates 
that there is a 71 percent probability that the spawning stock biomass 
will decrease in 2018 relative to 2017. However, the IPHC estimates 
that there is only a 10 percent probability that the spawning stock 
biomass will decrease by more than 5 percent relative to 2017. After 
considering this information, the IPHC determined that the 2017 catch 
limits recommendations are consistent with its conservation objectives 
for the halibut stock and its management objectives for the halibut 
fisheries.
    The IPHC recommended higher catch limits in 2017 than 2016 for 
Areas 2A, 2B, and 2C. Fishery-independent survey weight per unit effort 
(WPUE) and number of fish per unit effort (NPUE) generally indicate a 
stable and upward trend in these areas. An expanded survey with 
additional sampling locations has been approved in Area 2A for 2017. 
Both survey and fishery indices indicate rebuilding of the stock 
throughout Areas 2B and 2C, with the highest coastwide survey WPUE in 
Area 2C.
    The IPHC recommended increases to the catch limits for Areas 3A and 
3B compared to 2016. While survey and fishery WPUEs increased in Area 
3A, the survey NPUE decreased in 2016. Based on the increase in WPUEs 
and decrease in survey NPUE, the IPHC adopted only a small 
precautionary increase to the catch limit for Area 3A to provide some 
additional harvest opportunities for the Area 3A commercial and charter 
sectors. Area 3B has experienced two years of increases in both the 
fishery and survey WPUE, with a substantial increase in survey WPUE and 
NPUE in 2016. These results

[[Page 12732]]

supported an increased catch limit for 2017.
    The IPHC recommended catch limits for Areas 4A and 4B that are the 
same as the 2016 limits. The IPHC recommended no change in the catch 
limit amounts in these areas because although the survey results show 
signs of stability, survey WPUE is still low relative to historical 
estimates; therefore, a more precautionary approach to management is 
appropriate.
    The IPHC recommended a slight increase in the catch limit for Areas 
4CDE compared to 2016. The IPHC noted that for social, cultural, and 
economic reasons, an even larger increase is warranted, but the survey 
indices do not support a larger increase. However, ongoing efforts to 
reduce halibut bycatch in the commercial groundfish trawl fisheries may 
provide for additional harvest opportunities in the Area 4CDE directed 
fishery in the future.
    The IPHC also considered the Catch Sharing Plan for Area 4CDE 
developed by the NPFMC in its catch limit recommendation. When the Area 
4CDE catch limit is greater than 1,657,600 lb (751.87 mt), a direct 
allocation of 80,000 lb (36.29 mt) is made to Area 4E to provide CDQ 
fishermen in that area with additional harvesting opportunity. After 
this 80,000 lb allocation is deducted from the catch limit, the 
remainder is divided among Areas 4C, 4D, and 4E according to the 
percentages specified in the CSP. Those percentages are 46.43 percent 
each to 4C and 4D, and 7.14 percent to 4E. The IPHC recommended a catch 
limit for Area 4CDE of 1,700,000 lb (771.11 mt) for 2017 to provide 
benefits from increased harvest opportunities in Area 4E.

                Table 1--Percent Change in Catch Limits From 2016 to 2017 by IPHC Regulatory Area
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                                                                     2017 IPHC
                                                                    recommended     2016 Catch      Change from
                         Regulatory area                            catch limit     limit (lb)    2016 (percent)
                                                                       (lb)
----------------------------------------------------------------------------------------------------------------
2A \1\..........................................................       1,330,000       1,140,000          + 16.7
2B \2\..........................................................       7,450,000       7,300,000           + 2.1
2C \3\..........................................................       5,250,000       4,950,000           + 6.1
3A \3\..........................................................      10,000,000       9,600,000           + 4.2
3B..............................................................       3,140,000       2,710,000          + 15.9
4A..............................................................       1,390,000       1,390,000           + 0.0
4B..............................................................       1,140,000       1,140,000           + 0.0
4CDE............................................................       1,700,000       1,660,000           + 2.4
Coastwide.......................................................      31,400,000      29,890,000           + 5.1
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\1\ Area 2A catch limit includes sport, commercial, and tribal catch limits.
\2\ Area 2B catch limit includes sport and commercial catch limits.
\3\ Shown is the combined commercial and charter allocation under the Area 2C and Area 3A CSP. This value
  includes allocations to the charter sector and charter wastage, and an amount for commercial landings and
  wastage. The commercial catch limits after deducting wastage are 4,212,000 lb in Area 2C and 7,739,000 lb in
  Area 3A.

Commercial Halibut Fishery Opening and Closing Dates

    The IPHC considers advice from the IPHC's two advisory boards when 
selecting opening and closing dates for the halibut fishery. The 
opening date for the tribal commercial fishery in Area 2A and for the 
commercial halibut fisheries in Areas 2B through 4E is March 11, 2017. 
The Conference Board had requested an earlier date (March 4) to 
coincide with favorable tides and to minimize potential interactions 
with sperm whales; however, the Processor Advisory Group noted that a 
later opening date facilitates halibut marketing. The March 11 date 
takes into account a number of factors, including the timing of halibut 
migration and spawning, and having a Saturday season opening to 
facilitate marketing. In addition, the majority of the fishing effort 
on the opening date has historically been for sablefish, whose opening 
date is tied to the halibut season dates, and not for halibut. The 
closing date for the halibut fisheries is November 7, 2017. This date 
takes into account the anticipated time required to fully harvest the 
commercial halibut catch limits, seasonal holidays, and adequate time 
for IPHC staff to review the complete record of 2017 commercial catch 
data for use in the 2017 stock assessment process.
    In the Area 2A non-treaty directed commercial fishery the IPHC 
recommended seven 10-hour fishing periods. Each fishing period shall 
begin at 0800 hours and terminate at 1800 hours local time on June 28, 
July 12, July 26, August 9, August 23, September 6, and September 20, 
2017, unless the IPHC specifies otherwise. These 10-hour openings will 
occur until the quota is taken and the fishery is closed.

Area 2A Catch Sharing Plan

    The NMFS West Coast Region published a proposed rule for changes to 
the Pacific Halibut Catch Sharing Plan for Area 2A off Washington, 
Oregon, and California on February 23, 2017 (82 FR 11419), with public 
comments accepted through March 15, 2017. A separate final rule will be 
published to approve changes to the Area 2A CSP and to implement the 
portions of the CSP and management measures that are not implemented 
through the IPHC annual management measures that are published in this 
final rule. These measures include the sport fishery allocations and 
management measures for Area 2A. Once published, the final rule 
implementing the Area 2A CSP will be available on the NOAA Fisheries 
West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-
NMFS-2016-0144 at www.regulations.gov.

Catch Sharing Plan for Area 2C and Area 3A

    In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP 
defines an annual process for allocating halibut between the charter 
and commercial fisheries in Area 2C and Area 3A, and establishes 
allocations for each fishery. To allow flexibility for individual 
commercial and charter fishery participants, the CSP also authorizes 
annual transfers of commercial halibut IFQ as GAF to charter halibut 
permit holders for harvest in the charter fishery. Under the CSP, the 
IPHC recommends combined catch limits (CCLs) for the charter and 
commercial halibut fisheries in Area 2C and Area 3A. Each CCL includes 
estimates of discard mortality (wastage)

[[Page 12733]]

for each fishery. The CSP was implemented to achieve the halibut 
fishery management goals of the NPFMC. More information is provided in 
the final rule implementing the CSP (78 FR 75844, December 12, 2013). 
Implementing regulations for the CSP are at 50 CFR 300.65. The Area 2C 
and Area 3A CSP allocation tables are located in Tables 1 through 4 of 
subpart E of 50 CFR part 300. The IPHC recommended a CCL of 5,250,000 
lb (2,381.36 mt) for Area 2C. Following the CSP allocations in Tables 1 
and 3 of subpart E of 50 CFR part 300, the charter fishery is allocated 
915,000 lb (415.04 mt) of the CCL and the remainder of the CCL, 
4,335,000 lb (1,966.32 mt), is allocated to the commercial fishery. 
Wastage in the amount of 123,000 lb (55.79 mt) was deducted from the 
commercial allocation to obtain the commercial catch limit of 4,212,000 
lb (1,910.53 mt). The commercial allocation increased by about 291,000 
lb (132.00 mt) or 7.2 percent, from the 2016 allocation of 4,044,000 lb 
(1,834.33 mt) (including wastage). The charter allocation for 2017 is 
about 9,000 lb (4.08 mt), or 1.0 percent greater than the charter 
sector allocation of 906,000 lb (410.95 mt) in 2016.
    The IPHC recommended a CCL of 10,000,000 lb (4,535.92 mt) for Area 
3A. Following the CSP allocations in Tables 2 and 4 of subpart E of 50 
CFR part 300, the charter fishery is allocated 1,890,000 lb (857.29 mt) 
of the CCL and the remainder of the CCL, 8,110,000 lb (3,678.63 mt), is 
allocated to the commercial fishery. Wastage in the amount of 371,000 
lb (168.28 mt) was deducted from the commercial allocation to obtain 
the commercial catch limit of 7,739,000 lb (3,510.35 mt). The 
commercial allocation increased by about 324,000 lb (146.96 mt) or 4.2 
percent, from the 2016 allocation of 7,786,000 lb (3,531.67 mt) 
(including wastage). The charter allocation increased by about 76,000 
lb (34.47 mt), or 4.2 percent, from the 2016 allocation of 1,814,000 lb 
(822.82 mt).

Charter Halibut Management Measures for Area 2C and Area 3A

    Guided (charter) recreational halibut anglers are managed under 
different regulations than unguided recreational halibut anglers in 
Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR 
300.61, a charter vessel angler means a person, paying or non-paying, 
receiving sport fishing guide services for halibut. Sport fishing guide 
services means assistance, for compensation or with the intent to 
receive compensation, to a person who is sport fishing, to take or 
attempt to take halibut by accompanying or physically directing the 
sport fisherman in sport fishing activities during any part of a 
charter vessel fishing trip. A charter vessel fishing trip is the time 
period between the first deployment of fishing gear into the water from 
a charter vessel by a charter vessel angler and the offloading of one 
or more charter vessel anglers or any halibut from that vessel. The 
charter fishery regulations described below apply only to charter 
vessel anglers receiving sport fishing guide services during a charter 
vessel fishing trip for halibut in Area 2C or Area 3A. These 
regulations do not apply to unguided recreational anglers in any 
regulatory area in Alaska, or guided anglers in areas other than Areas 
2C and 3A.
    The NPFMC formed the Charter Halibut Management Committee to 
provide it with recommendations for annual management measures intended 
to limit charter harvest to the charter catch limit while minimizing 
negative economic impacts to charter fishery participants in times of 
low halibut abundance. The committee is composed of representatives 
from the charter fishing industry in Areas 2C and 3A. The committee 
considered previously analyzed alternatives and suggested new 
alternative measures to be analyzed in October 2016. After reviewing an 
analysis of the effects of the alternative measures on estimated 
charter removals, the committee made recommendations for preferred 
management measures to the NPFMC for 2017. The NPFMC considered the 
recommendations of the committee, its industry advisory body, and 
public testimony to develop its recommendation to the IPHC, and the 
IPHC took action consistent with the NPFMC's recommendations. The NPFMC 
has used this process to select and recommend annual management 
measures to the IPHC since 2012.
    The IPHC recognizes the role of the NPFMC to develop policy and 
regulations that allocate the Pacific halibut resource among fishermen 
in and off Alaska, and that NMFS has developed numerous regulations to 
support the NPFMC's goals of limiting charter harvests. The IPHC 
concluded that new management measures were necessary for 2017 to limit 
the Area 2C and Area 3A charter halibut fisheries to their charter 
catch limits under the CSP, to achieve the IPHC's overall conservation 
objective to limit total halibut harvests to established catch limits, 
and to meet the NPFMC's allocation objectives for these areas. The IPHC 
determined that limiting charter harvests by implementing the 
management measures discussed below would meet these objectives.

Management Measures for Charter Vessel Fishing in Area 2C

    The preliminary estimate of charter removals in Area 2C was below 
the 2016 charter allocation by about 62,000 lb (28.12 mt) or 6.9 
percent, indicating that the 2016 management measures were appropriate 
and effective at limiting harvest by charter vessel anglers to the 
charter allocation. The analysis of alternative management measures 
indicated that both effort and harvest were projected to increase in 
2017 under status quo regulations; however, the 9,000 lb (4.08 mt) 
increase in the catch limit allows management measures to be relaxed 
slightly for 2017.
    The preliminary estimate of charter wastage (release mortality) in 
2016 represented about 6.5 percent of the directed harvest amount and 
has increased in recent years. Therefore, projected charter harvest for 
2017 was increased by 7.0 percent to account for all charter removals 
in the selection of annual management measures for Area 2C.
    Relaxation of management measures is possible, while managing total 
charter removals, including wastage, in Area 2C to the 2017 allocation 
of 915,000 lb (415.04 mt). This final rule amends the 2016 measures 
applicable to the charter vessel fishery in Area 2C to relax 
restrictions and allow additional harvest relative to 2016.
    For 2017, the IPHC recommended the continuation of a one-fish daily 
bag limit with a reverse slot limit, as was in place in 2016, but 
increasing the lower size limit. The IPHC recommends a reverse slot 
limit that prohibits a person on board 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 44 inches (111.8 cm) and 
less than 80 inches (203.2 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 2016 reverse slot 
limit prohibited retention by charter vessel anglers of halibut that 
were greater than 43 inches (109.2 cm) and less than 80 inches. The 
projected charter removal under the 2017 recommended reverse slot limit 
is 888,000 lb (402.79 mt), 27,000 lb (12.25 mt) below the charter 
allocation. The recommended reverse slot limit for 2017 will increase 
harvest opportunities for charter vessel anglers, while managing total 
charter removals to the charter allocation.

[[Page 12734]]

Management Measures for Charter Vessel Fishing in Area 3A

    The preliminary estimate of charter removals in Area 3A in 2016 
exceeded the charter allocation by 167,000 lb (75.75 mt), or 9.2 
percent, primarily because charter vessel anglers caught and retained 
7.1 percent more halibut and the average size of halibut retained was 
3.5 percent heavier, on average, than predicted for the size and bag 
limits in place. In 2016, charter vessel anglers in Area 3A were 
limited to a two-fish daily bag limit with a maximum size limit on one 
fish. One effect of the maximum size limit was that the number of fish 
harvested per angler decreased in 2016 compared to 2015, but the 
average weight of harvested fish increased as many anglers opted to 
maximize the size of retained fish. The estimation error for average 
weight was factored into the analysis of potential management measures 
for 2017.
    The preliminary estimate of charter wastage in 2016 represented 0.8 
percent of the directed harvest amount, but the average from 2013 
through 2016 was 1.3 percent. The projected charter harvest for 2017 
was increased by 1.5 percent to account for total charter removals in 
the selection of appropriate annual management measures for Area 3A for 
2017.
    This final rule amends the 2016 management measures applicable to 
the charter halibut fishery in Area 3A. The NPFMC and IPHC considered 
2016 information on charter removals and the projections of charter 
harvest for 2017. After considering 2016 harvest information, the NPFMC 
and IPHC determined that more restrictive management measures in Area 
3A are necessary to limit charter removals, including wastage, to the 
2017 allocation.
    For 2017, the IPHC recommended continuing the following management 
measures for Area 3A from 2016: (1) A two-fish bag limit with a 28-inch 
(71.1 cm) size limit on one of the halibut; (2) a one-trip per day 
limit for the entire season; (3) a day-of-week closure; and (4) an 
annual limit, with a reporting requirement. In addition, the IPHC 
recommended closure of another day of the week to charter fishing for 
part of the season. The projected charter harvest for 2017 under this 
combination of recommended measures is 1,874,000 lb (850.03 mt), 16,000 
lb (7.26 mt) below the charter allocation. Each of these management 
measures is described in more detail below.

Size Limit for Halibut Retained on a Charter Vessel in Area 3A

    The 2017 charter halibut fishery in Area 3A will be managed under a 
two-fish daily bag limit in which one of the retained halibut may be of 
any size and one of the retained halibut must be 28 inches (71.1 cm) 
total length or less. This is the same maximum size limit as 2016. This 
daily bag and size limit will be combined with additional restrictions 
to limit charter halibut removals to the 2017 allocation.

Trip Limit for Charter Vessels Harvesting Halibut in Area 3A

    As in 2016, for 2017, a charter halibut permit is only authorized 
for use to catch and retain halibut on one charter halibut fishing trip 
per day in Area 3A. Additionally, a charter vessel is only authorized 
for use to catch and retain halibut on one charter halibut fishing trip 
per day. If no halibut are retained during a charter vessel fishing 
trip, the charter halibut permit and vessel may be used to take an 
additional trip to catch and retain halibut that day.
    For purposes of the trip limit in Area 3A in 2017, a charter vessel 
fishing trip will end when anglers or halibut are offloaded, or at the 
end of the calendar day, whichever occurs first. Charter operators are 
still able to conduct overnight trips and anglers may retain a bag 
limit of halibut on each calendar day, but operators are not allowed to 
begin another overnight trip until the day after the trip ends. GAF 
halibut are exempt from the trip limit; therefore, GAF could be used to 
harvest halibut on a second trip in a day, but only if exclusively GAF 
halibut were harvested on that trip.

Day-of-Week Closure in Area 3A

    The NPFMC and the IPHC recommended continuing the day-of-week 
closure on Wednesdays for Area 3A in 2017. No retention of halibut by 
charter vessel anglers will be allowed in Area 3A on Wednesdays. To 
further reduce harvest, an additional day-of-week closure will be added 
for three Tuesdays in 2017: July 18, July 25, and August 1. Retention 
of only GAF halibut will be allowed on charter vessels on Wednesdays 
and the three closed Tuesdays; all other halibut that are caught while 
fishing on a charter vessel must be released. The addition of the three 
Tuesday closures is expected to reduce charter halibut harvest by 3.9 
percent in Area 3A and reduce total charter harvest to below the 
charter catch limit.

Annual Limit of Four Fish for Charter Vessels Anglers in Area 3A

    For 2017, charter vessel anglers will continue to be limited to 
harvesting no more than four halibut on charter vessel fishing trips in 
Area 3A during a calendar year. This limit applies only to halibut 
caught and retained during charter vessel fishing trips in Area 3A. 
Halibut harvested while unguided fishing, fishing in other IPHC 
regulatory areas, or harvested as GAF will not accrue toward the annual 
limit.
    To enforce the annual limit in 2017, each charter vessel angler who 
is required to have a State of Alaska sport fishing license and who 
harvests halibut will be required to record those halibut on the back 
of the fishing license. For those anglers who are not required to have 
a sport fishing license (e.g., youth and senior anglers), a 
nontransferable Sport Harvest Record Card must be obtained from an 
Alaska Department of Fish and Game (ADF&G) office, the ADF&G Web site, 
or a fishing license vendor, on which to record halibut harvested 
aboard a charter vessel. Immediately upon retention of a halibut for 
which an annual limit has been established, the charter vessel angler 
must record the date, location (Area 3A), and species of the catch 
(halibut), in ink, on the harvest record card or back of the sport 
fishing license.
    If the original sport fishing license or harvest record is lost, a 
duplicate or additional sport fishing license or harvest record card 
must be obtained and completed for all halibut previously retained 
during that year that were subject to the annual limit.
    Only halibut caught during a charter vessel fishing trip in Area 3A 
accrue toward the 4-fish annual limit and must be recorded on the 
license or harvest record card. Halibut that are harvested while 
charter fishing in regulatory areas other than Area 3A will not accrue 
toward the annual limit and are not subject to the reporting 
requirement. Likewise, halibut harvested while sport fishing without a 
guide in Area 3A, harvested while subsistence fishing, or harvested as 
GAF do not accrue toward the annual limit and should not be recorded on 
the license or harvest record. Finally, halibut that are caught during 
a charter vessel fishing trip that bear IPHC external tags are exempt 
from the annual limit and reporting requirements (see Section 21 of the 
IPHC regulations).

Retention of Incidentally Caught Halibut in Sablefish Pots in Alaska

    On December 28, 2016, NMFS published a final rule to authorize

[[Page 12735]]

longline pot gear for the IFQ sablefish fishery in the Gulf of Alaska 
(81 FR 95435). The Gulf of Alaska sablefish fishery takes place in a 
portion of IPHC Regulatory Area 2C (not including the inside waters), 
and Regulatory Areas 3A, 3B, and that portion of 4A in the Gulf of 
Alaska west of Area 3B and east of 170[deg]00' W. longitude. The NMFS 
final rule also requires retention of halibut caught incidentally in 
longline pot gear subject to current retention requirements for the 
halibut IFQ Program (i.e., only if the halibut are of legal size and a 
person(s) on the vessel holds sufficient halibut IFQ). This 
recommendation is intended to avoid discard mortality of legal-size 
halibut caught incidentally in longline pots in the sablefish IFQ 
fishery, similar to current regulations that authorize sablefish and 
halibut IFQ holders using hook-and-line gear to retain legal-size 
halibut caught incidentally during the sablefish IFQ fishery.
    At its 2016 annual meeting, the IPHC approved longline pot gear, as 
defined by NMFS, as legal gear for the commercial halibut fishery in 
Alaska when NMFS regulations permit the use of this gear in the IFQ 
sablefish fishery. NMFS regulations will authorize the use of longline 
pot gear in the IFQ sablefish fishery on March 11, 2017 (81 FR 95435, 
December 28, 2016; notice of delayed effective date 82 FR 9690, 
February 8, 2017). Therefore, beginning in 2017, vessels using longline 
pot gear to harvest IFQ sablefish in the Gulf of Alaska will be 
required to retain halibut consistent with IPHC regulations and NMFS 
regulations specified in the final rule to authorize longline pot gear 
(81 FR 95435).

Other Regulatory Amendments

    The IPHC approved two additional amendments to the 2017 annual 
management measures.
    The first amendment approved by the IPHC requires that beginning in 
2017, all commercial Pacific halibut must be landed and weighed with 
their heads attached (head-on) for data reporting purposes. Section 13 
of IPHC regulations previously had two minimum size limits: 32 inches 
(81.3 cm) for halibut taken or possessed with the head on, and 24 
inches (61.0 cm) for halibut taken or possessed with the head removed. 
This regulatory amendment will require that halibut be landed head-on 
and those head-on halibut will be subject to a 32-inch minimum size 
limit. The only exception is for vessels that freeze halibut at sea. 
Those vessels may deliver their frozen, head-off halibut shoreside with 
a 24-inch minimum size limit. The IPHC regulations already required 
that in Area 2A all commercial halibut be landed with the head 
attached.
    This regulatory amendment is intended to improve the estimates of 
the weight of landed halibut. The IPHC has assumed that the weight of a 
removed head as a percentage of the whole body is 10 percent. However, 
results from recent studies (pp. 77-91 of the 2015 RARA and Chapter 2.8 
of the 2016 RARA; available at www.iphc.int) indicate that the average 
weight of removed heads averages 12 percent of the whole body weight, 
and ranges from 9 to 18 percent of the whole body weight. The weight of 
removed heads relative to the whole body weight varies due to 
differences in the angle at which the head is cut off the body and the 
size of the fish.
    Landing records show that, coastwide, 67 to 71 percent of catch by 
weight is reported head-off, so the potential effect of head 
proportions that differ from assumed values is likely to have a 
significant impact on the biomass of catch that is used in the IPHC's 
annual stock assessment. For example, in recent years, the IPHC may 
have underestimated the coastwide landings by 2 to 3 percent, and 
estimates in some regulatory areas could be more inaccurate than others 
depending on the type of processing used and the size of halibut. In 
order to improve the accuracy of estimated landings, the IPHC approved 
the requirement for all commercially landed Pacific halibut to be 
landed and weighed with the head on, except for those halibut processed 
and frozen at sea.
    The second regulatory amendment approved by the IPHC revises 
Section 18 of the annual management measures for consistency with NMFS' 
halibut fishery regulations published at 50 CFR 679.7(f)(4), regarding 
fishing in multiple regulatory areas. Section 18 of the annual 
management measures and 50 CFR 679.7(f)(4) address the circumstances 
under which a person may lawfully possess at the same time, on board a 
vessel, halibut that were caught in more than one IPHC Regulatory Area 
off Alaska. However, differences in regulatory text have caused 
confusion for fishery participants. To reduce confusion, the IPHC 
regulations will allow possession at the same time on board a vessel 
halibut that were caught in more than one IPHC Regulatory Area off 
Alaska only if such possession is authorized by Federal regulations at 
50 CFR 679.7(f)(4), and if the operator of the vessel identifies the 
halibut by regulatory area by separating halibut from different areas 
in the hold, tagging halibut, or by other means. The NMFS regulation 
specifies that a person may not retain IFQ or CDQ halibut on a vessel 
in excess of the total amount of unharvested IFQ or CDQ that is 
currently held by all persons on the vessel for the regulatory area in 
which the vessel is deploying fixed gear. This limit on halibut 
possession does not apply if the vessel has an observer aboard under 
the requirements of subpart E of 50 CFR part 679 and the vessel 
maintains an applicable daily fishing log as specified in IPHC 
regulations and 50 CFR 679.5. This change to the 2017 IPHC regulations 
does not change the requirements for vessels fishing in multiple areas, 
it simply clarifies the status quo regulations applicable to vessels 
fishing off Alaska.

Annual Halibut Management Measures

    The following annual management measures for the 2017 Pacific 
halibut fishery are those recommended by the IPHC and accepted by the 
Secretary of State, with the concurrence of the Secretary of Commerce.

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

[[Page 12736]]

Fisheries and Oceans (DFO), Alaska Wildlife Troopers (AWT), United 
States Coast Guard (USCG), Washington Department of Fish and Wildlife 
(WDFW), the Oregon State Police (OSP), and California Department of 
Fish and Wildlife (CDFW);
    (b) ``authorized clearance personnel'' means an authorized officer 
of the United States, a representative of the Commission, or a 
designated fish processor;
    (c) ``charter vessel'' outside of Alaska waters means a vessel used 
for hire in sport fishing for halibut, but not including a vessel 
without a hired operator, and in Alaska waters means a vessel used 
while providing or receiving sport fishing guide services for halibut;
    (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 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:
    (a) The directed commercial fishery during the fishing periods 
specified in paragraph (2) of section 8;
    (b) the incidental catch fishery during the sablefish fishery 
specified in paragraph (3) of section 8; or
    (c) the incidental catch fishery during the salmon troll fishery 
specified in paragraph (4) of section 8.
    (5) No person may apply for or be issued a license for a vessel 
operating in the incidental catch fishery during the salmon troll 
fishery in paragraph (4)(c), if that vessel was previously issued a 
license for either the directed commercial fishery in paragraph (4)(a) 
or the incidental catch fishery during the sablefish fishery in 
paragraph (4)(b).
    (6) 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.
    (7) 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.
    (8) A vessel operating in the directed commercial 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 30 April, or on 
the first weekday in May if 30 April is a Saturday or Sunday.
    (9) A vessel operating in the incidental catch 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 15 March, or the next weekday in March if 15 March is a 
Saturday or Sunday.
    (10) A vessel operating in the incidental catch fishery during the 
salmon troll 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 15 March, or the next weekday in March if 15 March is a 
Saturday or Sunday.
    (11) Application forms may be obtained from any authorized officer 
or from the Commission.
    (12) Information on ``Application for Vessel License for the 
Halibut Fishery'' form must be accurate.
    (13) The ``Application for Vessel License for the Halibut Fishery'' 
form shall be completed and signed by the vessel owner.
    (14) Licenses issued under this section shall be valid only during 
the year in which they are issued.

[[Page 12737]]

    (15) A new license is required for a vessel that is sold, 
transferred, renamed, or the documentation is changed.
    (16) 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.
    (17) 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 catch sharing plans or other domestic allocation programs 
developed by the United States or Canadian governments.
    (2) In-season actions may include, but are not limited to, 
establishment or modification of the following:
    (a) Closed areas;
    (b) fishing periods;
    (c) fishing period limits;
    (d) gear restrictions;
    (e) recreational bag limits;
    (f) size limits; or
    (g) vessel clearances.
    (3) In-season changes will be effective at the time and date 
specified by the Commission.
    (4) The Commission will announce in-season actions under this 
section by providing notice to major halibut processors; Federal, 
State, United States treaty Indian, and Provincial fishery officials; 
and the media.

6. Regulatory Areas

    The following areas shall be regulatory areas (see Figure 1) for 
the purposes of the Convention:
    (1) Area 2A includes all waters off the states of California, 
Oregon, and Washington;
    (2) Area 2B includes all waters off British Columbia;
    (3) Area 2C includes all waters off Alaska that are east of a line 
running 340[deg] true from Cape Spencer Light (58[deg]11'56'' 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 1 November 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 
28 June, 12 July, 26 July, 9 August, 23 August, 6 September, and 20 
September, unless the Commission specifies otherwise.
---------------------------------------------------------------------------

    \2\ The directed fishery is restricted to waters that are south 
of Point Chehalis, Washington (46[deg]53.30' 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 11 March and 1200 hours local 
time on 7 November.
---------------------------------------------------------------------------

    \3\ The incidental fishery during the directed, fixed gear 
sablefish season is restricted to waters that are north of Point 
Chehalis, Washington (46[deg]53.30' N. latitude) under regulations 
promulgated by NMFS at 50 CFR 300.63. Landing restrictions for 
halibut retention in the fixed gear sablefish fishery can be found 
at 50 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 11 March and 1200 
hours local time on 7 November.
    (5) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 
4E shall begin at 1200 hours local time on 11 March and terminate at 
1200 hours local time on 7 November, 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 7 
November.

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.

[[Page 12738]]

    (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 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. Commercial Catch Limits

    (1) The total allowable commercial catch of halibut to be taken 
during the commercial 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:

------------------------------------------------------------------------
                                            Commercial catch limit--net
                                                      weight
          IPHC regulatory area           -------------------------------
                                              Pounds        Metric tons
------------------------------------------------------------------------
2A: Directed commercial, and incidental          265,402          120.38
 commercial catch during salmon troll
 fishery................................
2A: Incidental commercial during                  70,000           31.75
 sablefish fishery......................
2B \4\..................................       6,271,971        2,844.92
2C \5\..................................       4,212,000        1,910.53
3A \6\..................................       7,739,000        3,510.36
3B......................................       3,140,000        1,424.28
4A......................................       1,390,000          630.49
4B......................................       1,140,000          517.09
4C......................................         752,000          341.10
4D......................................         752,000          341.10
4E......................................         196,000           88.90
------------------------------------------------------------------------

    (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\ IPHC allocates the catch limit to Area 2B as a combined 
commercial and sport catch limit (7,450,000 pounds). DFO allocates 
that amount between commercial and sport according to their 
allocation policy. In addition to the commercial fishery amount, 
60,000 pounds has been allocated for research purposes. This amount 
also excludes any overage/underage adjustments. See section 27 for 
sport fishing regulations.
    \5\ For Area 2C, the commercial catch limit adopted by the 
Commission includes catch (4,212,000 pounds) reported in the table 
plus, estimated incidental mortality from the commercial fishery 
(123,000 pounds) for a total of 4,335,000 pounds. This total amount 
is included in the combined commercial and guided sport sector catch 
limit set by IPHC and allocated by NMFS by a catch sharing plan 
(5,250,000 pounds).
    \6\ For Area 3A, the commercial catch limit adopted by the 
Commission includes catch (7,739,000 pounds) reported in the table 
plus, estimated incidental mortality from the commercial fishery 
(371,000 pounds) for a total of 8,110,000 pounds. This total amount 
is included in the combined commercial and guided sport sector catch 
limit set by IPHC and allocated by NMFS by a catch sharing plan 
(10,000,000 pounds).
---------------------------------------------------------------------------

    (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), the commercial fishing in 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 7 November, 
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 and the 
directed commercial fishery closed as announced by the Commission.
    (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.

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.

[[Page 12739]]

    (2) The operator of any vessel that fishes for halibut during a 
fishing period when fishing period limits are in effect must, upon 
commencing an offload of halibut to a commercial fish processor, 
completely offload all halibut on board said vessel to that processor 
and ensure that all halibut is weighed and reported on State fish 
tickets.
    (3) The operator of any vessel that fishes for halibut during a 
fishing period when fishing period limits are in effect must, upon 
commencing an offload of halibut other than to a commercial fish 
processor, completely offload all halibut on board said vessel and 
ensure that all halibut are weighed and reported on State fish tickets.
    (4) The provisions of paragraph (3) are not intended to prevent 
retail over-the-side sales to individual purchasers so long as all the 
halibut on board is ultimately offloaded and reported.
    (5) When fishing period limits are in effect, a vessel's maximum 
retainable catch will be determined by the Commission based on:
    (a) The vessel's overall length in feet and associated length 
class;
    (b) the average performance of all vessels within that class; and
    (c) the remaining catch limit.
    (6) Length classes are shown in the following table:

------------------------------------------------------------------------
                Overall length (in feet)                   Vessel class
------------------------------------------------------------------------
1-25...................................................               A
26-30..................................................               B
31-35..................................................                C
36-40..................................................               D
41-45..................................................               E
46-50..................................................               F
51-55..................................................               G
56+....................................................               H
------------------------------------------------------------------------

    (7) Fishing period limits in Area 2A apply only to the directed 
halibut fishery referred to in paragraph (2) of section 8.

13. Size Limits

    (1) No person shall take or possess any halibut that:
    (a) With the head on, is less than 32 inches (81.3 cm) as measured 
in a straight line, passing over the pectoral fin from the tip of the 
lower jaw with the mouth closed, to the extreme end of the middle of 
the tail, as illustrated in Figure 2; or
    (b) with the head removed, is less than 24 inches (61.0 cm) as 
measured from the base of the pectoral fin at its most anterior point 
to the extreme end of the middle of the tail, as illustrated in Figure 
2.
    (2) No person on board a vessel fishing for, or tendering halibut 
shall possess any halibut that has had its head removed, except that 
halibut frozen at sea with its head removed may be possessed on board a 
vessel by persons in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if 
authorized by Federal regulations.
    (3) The size limit in paragraph (1)(b) will not be applied to any 
halibut that has had its head removed after the operator has landed the 
halibut.

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:g
    (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

[[Page 12740]]

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 679.28(f)(3), (4) and 
(5); and
    (b) the operator of the vessel notifies NOAA Fisheries Office for 
Law Enforcement at 800-304-4846 (select option 1 to speak to an 
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) 
local time within 72 hours before fishing for halibut in Area 4A, 4B, 
4C, or 4D and receives a VMS confirmation number.

16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an 
overall length of 26 feet (7.9 meters) or greater shall maintain an 
accurate log of halibut fishing operations. The operator of a vessel 
fishing in waters in and off Alaska must use one of the following 
logbooks: The Groundfish/IFQ Longline and Pot Gear Daily Fishing 
Logbook, in electronic or paper form, 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 
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 
CDFW) or Tribal ID 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 record in the British Columbia Integrated 
Groundfish Fishing Log.
    (6) The log 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 log 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) submitted to the DFO within seven days of offloading; and
    (f) submitted to the Commission within seven days of the final 
offload if not previously 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; \7\ and
---------------------------------------------------------------------------

    \7\ 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.\8\
---------------------------------------------------------------------------

    \8\ DFO did not adopt this regulation; therefore, section 17 
paragraph (3) does not apply to fish caught in Area 2B.
---------------------------------------------------------------------------

    (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

[[Page 12741]]

number (State, Tribal or Federal, 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 or Federal, not IPHC 
vessel number) or Tribal ID 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 paragraphs (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 obtained at the time of offloading of all halibut on board 
the vessel including the pounds purchased, pounds in excess of IVQs, 
pounds retained for personal use, and pounds discarded as unfit for 
human consumption.
    (10) No person shall make a false entry on a State or Provincial 
fish ticket or a Federal catch or landing report referred to in 
paragraphs (5), (6), and (9) of section 17.
    (11) A copy of the fish tickets or catch reports referred to in 
paragraphs (5), (6), and (9) shall be:
    (a) Retained by the person making them for a period of three years 
from the date the fish tickets or catch reports are made; and
    (b) open to inspection by an authorized officer or any authorized 
representative of the Commission.
    (12) No person shall possess any halibut taken or retained in 
contravention of these Regulations.
    (13) When halibut are landed to other than a commercial fish 
processor, the records required by paragraph (6) shall be maintained by 
the operator of the vessel from which that halibut was caught, in 
compliance with paragraph (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, 
3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a vessel at the 
same time only if:
    (a) Authorized by NMFS' regulations published at 50 CFR Section 
679.7(f)(4); and
    (b) the operator of the vessel identifies 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.

19. Fishing Gear

    (1) No person shall fish for halibut using any gear other than hook 
and line gear,
    (a) except that vessels licensed to catch sablefish in Area 2B 
using sablefish trap gear as defined in the Condition of Licence can 
retain halibut caught as bycatch under regulations promulgated by DFO; 
or
    (b) except that a person may retain halibut taken with longline pot 
gear in the sablefish IFQ fishery if such retention is authorized by 
NMFS regulations published at 50 CFR part 679.
    (2) No person shall possess halibut taken with any gear other than 
hook and line gear,
    (a) except that vessels licensed to catch sablefish in Area 2B 
using sablefish trap gear as defined by the Condition of Licence can 
retain halibut caught as bycatch under regulations promulgated by DFO; 
or
    (b) except that a person may possess halibut taken with longline 
pot gear in the sablefish IFQ fishery if such possession is authorized 
by NMFS regulations published at 50 CFR part 679.
    (3) No person shall possess halibut while on board a vessel 
carrying any trawl nets or fishing pots capable of catching halibut,
    (a) 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; or
    (b) except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut 
may be possessed on board a vessel carrying pots capable of catching 
halibut, provided such possession is authorized by NMFS regulations 
published at 50 CFR part 679 as referenced in paragraphs (1) and (2) of 
this section; or
    (c) except that in Area 2B, halibut may be possessed on board a 
vessel carrying sablefish trap gear, provided such possession is 
authorized by the Condition of Licence regulations promulgated by DFO 
as referenced in paragraphs (1) and (2) of this section.
    (4) All setline or skate marker buoys carried on board or used by 
any United States vessel used for halibut fishing shall be marked with 
one of the following:
    (a) The vessel's State license number; or
    (b) the vessel's registration number.
    (5) The markings specified in paragraph (4) shall be in characters 
at least four inches in height and one-half inch in width in a 
contrasting color visible above the water and shall be maintained in 
legible condition.
    (6) All setline or skate marker buoys carried on board or used by a 
Canadian vessel used for halibut fishing shall be:
    (a) Floating and visible on the surface of the water; and
    (b) legibly marked with the identification plate number of the 
vessel engaged in commercial fishing from which that setline is being 
operated.
    (7) No person on board a vessel used to fish for any species of 
fish anywhere in Area 2A during the 72-hour period immediately before 
the fishing period for the directed commercial fishery shall catch or 
possess halibut anywhere in those waters during that halibut fishing 
period unless, prior to the start of the halibut fishing period, the 
vessel has removed its gear from the water and has either:
    (a) Made a landing and completely offloaded its catch of other 
fish; or

[[Page 12742]]

    (b) submitted to a hold inspection by an authorized officer.
    (8) No vessel used to fish for any species of fish anywhere in Area 
2A during the 72-hour period immediately before the fishing period for 
the directed commercial fishery may be used to catch or possess halibut 
anywhere in those waters during that halibut fishing period unless, 
prior to the start of the halibut fishing period, the vessel has 
removed its gear from the water and has either:
    (a) Made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (9) No person on board a vessel from which setline gear was used to 
fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 
4C, 4D, or 4E during the 72-hour period immediately before the opening 
of the halibut fishing season shall catch or possess halibut anywhere 
in those areas until the vessel has removed all of its setline gear 
from the water and has either:
    (a) Made a landing and completely offloaded its entire catch of 
other fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (10) No vessel from which setline gear was used to fish for any 
species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E 
during the 72-hour period immediately before the opening of the halibut 
fishing season may be used to catch or possess halibut anywhere in 
those areas until the vessel has removed all of its setline gear from 
the water and has either:
    (a) Made a landing and completely offloaded its entire catch of 
other fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (11) Notwithstanding any other provision in these Regulations, a 
person may retain, possess and dispose of halibut taken with trawl gear 
only as authorized by Prohibited Species Donation regulations of NMFS.

20. Supervision of Unloading and Weighing

    The unloading and weighing of halibut may be subject to the 
supervision of authorized officers to assure the fulfillment of the 
provisions of these Regulations.

21. Retention of Tagged Halibut

    (1) Nothing contained in these Regulations prohibits any vessel at 
any time from retaining and landing a halibut that bears a Commission 
external tag at the time of capture, if the halibut with the tag still 
attached is 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) Any halibut that bears a Commission external tag must count 
against commercial IVQs, CDQs, or IFQs, unless otherwise exempted by 
State, Provincial, or Federal regulations.
    (4) Any halibut that bears a Commission external tag will not count 
against sport daily bag limits or possession limits, may be retained 
outside of sport fishing seasons, and are not subject to size limits in 
these regulations.
    (5) Any halibut that bears a Commission external tag will not count 
against daily bag limits, possession limits, or catch limits in the 
fisheries described in section 22, paragraph (7), section 23, or 
section 24.

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 the Quinault River, WA (47[deg]21.00' N. lat.), and 
east of 125[deg]44.00' W. long; all waters off the coast of Washington 
that are between the Quinault River, WA (47[deg]21.00' N. lat.), and 
Point Chehalis, WA (46[deg]53.30' N. lat.), and east of 125[deg]08.50' 
W. long.; and all inland marine waters of Washington.
    (3) Section 13 (size limits), section 14 (careful release of 
halibut), section 16 (logs), section 17 (receipt and possession of 
halibut) and section 19 (fishing gear), except paragraphs (7) and (8) 
of section 19, apply to commercial fishing for halibut in Subarea 2A-1 
by the treaty Indian tribes.
    (4) Regulations in paragraph (3) of this section that apply to 
State fish tickets apply to Tribal tickets that are authorized by WDFW.
    (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 11 March through 7 November, or until 
435,900 pounds (197.72 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 1 January through 31 
December, and is estimated to take 29,600 pounds (13.43 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 1 January 
through 31 December.

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 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 an angler on board said 
vessel. In Alaska, the charter vessel guide, as defined in 50 CFR 
300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be 
liable for any violation of these Regulations

[[Page 12743]]

committed by an angler on board a charter vessel.

26. Sport Fishing for Halibut--Area 2A

    (1) The total allowable catch of halibut shall be limited to:
    (a) 237,762 pounds (107.85 metric tons) net weight in waters off 
Washington;
    (b) 256,757 pounds (116.46 metric tons) net weight in waters off 
Oregon; and
    (c) 34,580 pounds (15.69 metric tons) net weight in waters off 
California.
    (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 for halibut on land in Washington is two daily bag 
limits.
    (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 daily bag limit. The 
possession limit for halibut on land in California is one daily bag 
limit.
    (8) [The Area 2A CSP will be published under a separate final rule 
that, once published, will be available on the NOAA Fisheries West 
Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS 
Docket Number NOAA-NMFS-2016-0144 at www.regulations.gov.]

27. Sport Fishing for Halibut--Area 2B

    (1) In all waters off British Columbia: \9 10\
    (a) The sport fishing season will open on 1 February unless more 
restrictive regulations are in place;
    (b) the sport fishing season will close when the sport catch limit 
allocated by DFO, is taken, or 31 December, whichever is earlier; and
    (c) 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.\9 10\
---------------------------------------------------------------------------

    \9\ 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.
    \10\ For regulations on the experimental recreational fishery 
implemented by DFO, check the current Federal or Provincial 
regulations.
---------------------------------------------------------------------------

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

    (1) In Convention waters in and off Alaska: \11 12\
---------------------------------------------------------------------------

    \11\ 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.
    \12\ Charter vessels are prohibited from harvesting halibut in 
Areas 2C and 3A during one charter vessel fishing trip under 
regulations promulgated by NMFS at 50 CFR 300.66.
---------------------------------------------------------------------------

    (a) The sport fishing season is from 1 February to 31 December.
    (b) The daily bag limit is two halibut of any size per day per 
person unless a more restrictive bag limit applies in Commission 
regulations or Federal regulations at 50 CFR 300.65.
    (c) No person may possess more than two daily bag limits.
    (d) No person shall possess on board a vessel, including charter 
vessels and pleasure craft used for fishing, halibut that have been 
filleted, mutilated, or otherwise disfigured in any manner, except that 
each halibut may be cut into no more than 2 ventral pieces, 2 dorsal 
pieces, and 2 cheek pieces, with skin on all pieces.
    (e) 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.
    (f) All halibut harvested on a charter vessel fishing trip in Area 
2C or Area 3A must be retained on board the charter vessel on which the 
halibut was caught until the end of the charter vessel fishing trip as 
defined at 50 CFR 300.61.
    (g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be 
used to allow a charter vessel angler to harvest additional halibut up 
to the limits in place for unguided anglers, and are exempt from the 
requirements in paragraphs 2 and 3 of this section.
    (2) For guided sport fishing (as referred to in 50 CFR 300.65) in 
Regulatory Area 2C:
    (a) The total allocation, including estimated harvest and 
incidental mortality (wastage), is 915,000 pounds (415.04 metric tons).
    (b) No person on board a charter vessel (as referred to in 50 CFR 
300.65) shall catch and retain more than one halibut per calendar day.
    (c) No person on board a charter vessel (as referred to in 50 CFR 
300.65) shall catch and retain any halibut that with head on is greater 
than 44 inches (111.8 cm) and less than 80 inches (203.2 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, as illustrated in Figure 3.
    (3) For guided sport fishing (as referred to in 50 CFR 300.65) in 
Regulatory Area 3A:
    (a) The total allocation, including estimated harvest and 
incidental mortality (wastage), is 1,890,000 pounds (857.29 metric 
tons).
    (b) No person on board a charter vessel (as referred to in 50 CFR 
300.65) shall catch and retain more than two halibut per calendar day.
    (c) At least one of the retained halibut must have a head-on length 
of no more than 28 inches (71.1 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, as illustrated in 
Figure 4. If a person sport fishing on a charter vessel in Area 3A 
retains only one halibut in a calendar day, that halibut may be of any 
length.
    (d) A charter halibut permit (as referred to in 50 CFR 300.67) may 
only be used for one charter vessel fishing trip in which halibut are 
caught and retained per calendar day. A charter vessel fishing trip is 
defined at 50 CFR 300.61 as the time period between the first 
deployment of fishing gear into the water by a charter vessel angler 
(as defined at 50 CFR 300.61) and the offloading of one or more charter 
vessel anglers or any halibut from that vessel. For purposes of this 
trip limit, a charter vessel fishing trip ends at 11:59 p.m. (Alaska 
local time) on the same calendar day that the fishing trip began, or 
when any anglers or halibut are offloaded, whichever comes first.
    (e) A charter vessel on which one or more anglers catch and retain 
halibut may only make one charter vessel fishing trip per calendar day. 
A charter

[[Page 12744]]

vessel fishing trip is defined at 50 CFR 300.61 as the time period 
between the first deployment of fishing gear into the water by a 
charter vessel angler (as defined at 50 CFR 300.61) and the offloading 
of one or more charter vessel anglers or any halibut from that vessel. 
For purposes of this trip limit, a charter vessel fishing trip ends at 
11:59 p.m. (Alaska local time) on the same calendar day that the 
fishing trip began, or when any anglers or halibut are offloaded, 
whichever comes first.
    (f) No person on board a charter vessel may catch and retain 
halibut on any Wednesday, or on the following Tuesdays: 18 July, 25 
July, and 1 August.
    (g) Charter vessel anglers may catch and retain no more than four 
(4) halibut per calendar year on board charter vessels in Area 3A. 
Halibut that are retained as GAF, retained while on a charter vessel 
fishing trip in other Commission regulatory areas, or retained while 
fishing without the services of a guide do not accrue toward the 4-fish 
annual limit. For purposes of enforcing the annual limit, each angler 
must:
    (1) Maintain a nontransferable harvest record in the angler's 
possession if retaining a halibut for which an annual limit has been 
established. Such harvest record must be maintained either on the back 
of the angler's State of Alaska sport fishing license or on a Sport 
Fishing Harvest Record Card obtained, without charge, from ADF&G 
offices, the ADF&G Web site, or fishing license vendors; and
    (2) immediately upon retaining a halibut for which an annual limit 
has been established, record the date, location (Area 3A), and species 
of the catch (halibut), in ink, on the harvest record; and
    (3) record the information required by paragraph 3(g)(2) on any 
duplicate or additional sport fishing license issued to the angler or 
any duplicate or additional Sport Fishing Harvest Record Card obtained 
by the angler for all halibut previously retained during that year that 
were subject to the harvest record reporting requirements of this 
section; and
    (4) carry the harvest record on his or her person while fishing for 
halibut.

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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[GRAPHIC] [TIFF OMITTED] TR07MR17.000


[[Page 12746]]


[GRAPHIC] [TIFF OMITTED] TR07MR17.001

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. Pursuant 
to section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 
773c, the Secretary of State, with the concurrence of the Secretary of 
Commerce, may ``accept or reject'' but not modify these recommendations 
of the IPHC. The notice-and-comment and delay-in-effectiveness date 
provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(c) 
and (d), 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). The additional time necessary to comply with the 
notice-and-comment and delay-in-effectiveness requirements of the APA 
would disrupt coordinated international conservation and management of 
the halibut fishery pursuant to the Convention. 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.

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

    Dated: March 2, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-04407 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-22-C