[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10390-10406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04818]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180206132-8132-01]
RIN 0648-BH53


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 2018 
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 or Council).

DATES: The IPHC's 2018 annual management measures are valid March 8, 
2018. The 2018 management measures are valid until superseded.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-2017-0157.

FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Kurt Iverson, 
907-586-7210; or, for waters off the U.S. West Coast, Kathryn Blair, 
206-526-6140.

SUPPLEMENTARY INFORMATION: 

Background

    The IPHC has recommended regulations that would govern the Pacific 
halibut fishery in 2018, pursuant to the Convention between Canada and 
the United States of America (U.S.) 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 
2018 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-
773k.

[[Page 10391]]

    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.
    Independent of the NPFMC and the PFMC, the Secretary of Commerce 
has the authority under Article I of the Convention and section 773c of 
the Halibut Act to carry out the purposes and objectives of the 
Convention including the governing harvesting privileges among U.S. 
fishermen through regulations that are more restrictive than those 
adopted by the IPHC.
    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 Western 
Alaska Community Development Quota (CDQ) Program (50 CFR part 679) 
regulations, and the area-specific catch sharing plans (CSPs).
    The IPHC apportions catch limits for the Pacific halibut fishery 
among IPHC Regulatory Areas (Areas) (Figure 1): Area 2A (California, 
Oregon, and Washington), Area 2B (British Columbia, Canada), 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).
    The NPFMC implemented a CSP among commercial IFQ and CDQ halibut 
fisheries in 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 
Areas 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 Portland, Oregon, January 22 
through 26, 2018. At this meeting, the IPHC recommended a number of 
changes to the 2017 IPHC regulations (82 FR 12730, March 7, 2017). The 
Secretary of State accepted these annual management measures, including 
the following changes to the previous IPHC regulations for 2018:
    1. New commercial halibut fishery opening and closing dates in 
Section 9;
    2. Revisions to existing regulations in Section 18 to clarify the 
requirement for commercial halibut to be landed and weighed with the 
head attached;
    3. Modifications to Section 8 and Section 12 that align IPHC 
regulations to recent NPFMC actions that would allow CDQ groups to 
lease (receive by transfer) halibut quota share (QS) in Areas 4B, 4C, 
and 4D;
    4. A minor revision to Section 29(1)(f) to clarify that halibut 
harvested on a charter vessel fishing trip in Area 2C or Area 3A must 
be retained on board the vessel on which the halibut was caught until 
the end of the fishing trip;
    5. Addition of language to existing regulations in Section 29 that 
clarifies the skin-on requirement of halibut that are retained and cut 
into sections on board a sport fishing vessel;
    6. Changes to Sections 20(1) and 20(2) to allow halibut to be taken 
with pot gear under specific circumstances provided in NMFS 
regulations;
    7. Revisions to the management measures for Area 2C and Area 3A 
charter halibut anglers in Section 29 that close three Tuesdays to 
charter halibut fishing. The dates for the 2017 closures are revised to 
conform to specific dates in 2018; and
    8. Minor revisions to standardize terminology and clarify the 
regulations, including a new table in Section 4 to specify the 
commercial, sport, and Treaty fishing catch limits for all IPHC 
regulatory areas.
    At the January 2018 annual meeting, the IPHC did not agree, and 
therefore did not recommend changes to the following management 
measures:
    1. New catch limits in any IPHC regulatory area;
    2. Revised CSP allocations for charter and commercial IFQ halibut 
fisheries in Areas 2C and 3A;
    3. Revised charter halibut management measures in Areas 2C and 3A; 
or
    4. Revised CSP allocations for the commercial IFQ and CDQ halibut 
fisheries in Areas 4C, 4D, and 4E.
    Although the United States and Canada voiced consensus at the 
IPHC's January 2018 annual meeting that some reduction in catch limits 
relative to 2017 in all Areas was appropriate, U.S. and Canadian 
Commissioners could not agree on specific catch limits for 2018. 
Therefore, the IPHC did not make a recommendation to the Secretary of 
State to revise the catch limits that were recommended and implemented 
in 2017. Because the U.S. and Canadian Commissioners could not reach 
agreement on the specific catch limits in each Area, the IPHC did not 
provide specific recommendations to revise the CSP allocations for 
charter and commercial IFQ halibut fisheries in Area 2C and Area 3A, 
charter halibut management measures in Areas 2C and 3A, or the CSP 
allocations for the commercial IFQ and CDQ halibut fisheries in Areas 
4C, 4D, and 4E.
    The U.S. Commissioners recommended that NMFS undertake a separate 
domestic regulatory process to implement the catch limits endorsed by 
the U.S. Commissioners and the CSP allocations and charter management 
measures for 2018 that would result from their recommendation for 
reduced catch limits. NMFS is authorized to implement regulations under 
a separate rulemaking process governing harvesting privileges among 
U.S. fishermen in U.S. waters that are more restrictive than those 
adopted by the IPHC. Such regulations may include catch limits that are 
more restrictive than those shown in Section 4 of the IPHC's 
regulations.
    Pursuant to regulations at 50 CFR 300.62, the 2018 IPHC annual 
management measures described herein 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.

[[Page 10392]]

NMFS may implement more restrictive regulations for the fishery for 
halibut or components of it; therefore, anglers are advised to check 
the current U.S. Federal and IPHC regulations prior to fishing.

Catch Limits

    Because the IPHC could not reach agreement and did not recommend 
catch limits for 2018, the catch limits adopted for 2017 are in effect 
for the 2018 fishing year unless superseded by an action separate from 
this final rule. For the 2017 fishing year, the IPHC recommended to the 
governments of Canada and the U.S. catch limits totaling 31,400,000 lb 
(14,242.80 mt). A complete description of the background and process 
the IPHC used to set the 2017 overall catch limit and the catch limits 
for individual IPHC Areas can be found in the Federal Register at (82 
FR 12730, March 7, 2017). The 2017 IPHC catch limits can also be found 
in Section 11 of the 2017 IPHC annual management measures and Section 4 
of the 2018 IPHC annual management measures. The 2017 and 2018 catch 
limits are summarized below in Table 1.

     Table 1--Catch Limits for 2017 and 2018 by IPHC Regulatory Area
------------------------------------------------------------------------
                                                          2017 and 2018
                    Regulatory area                        IPHC  catch
                                                           limit  (lb)
------------------------------------------------------------------------
2A 1...................................................        1,330,000
2B 2...................................................        7,450,000
2C 3...................................................        5,250,000
3A 3...................................................       10,000,000
3B.....................................................        3,140,000
4A.....................................................        1,390,000
4B.....................................................        1,140,000
4CDE...................................................        1,700,000
Coastwide..............................................       31,400,000
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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 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.

    NMFS may implement more restrictive regulations for the fishery for 
halibut or components of it; therefore, anglers are advised to check 
the current U.S. Federal and IPHC regulations prior to fishing. If NMFS 
does change any of the IPHC Regulatory Area 2018 catch limits through a 
separate rulemaking, the breakdown described in the Table in Section 4 
of the IPHC's regulations would also change.

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 24, 2018. 
The March 24 opening date is thirteen days later than the 2017 opening 
date. The IPHC took into account many factors when recommending the 
season start date, including but not limited to, 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, 2018. 
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 2018 
commercial catch data for use in the 2018 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 27, 
July 11, July 25, August 8, August 22, September 5, and September 19, 
2018, 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 January 30, 2018 (83 FR 4175), with public 
comments accepted through March 1, 2018. 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 website at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS 
Docket Number NOAA-NMFS-2017-0157 at www.regulations.gov.

Area 2C and Area 3A Catch Sharing Plans

    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) 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.
    At its January 2018 annual meeting, the IPHC did not reach 
agreement or recommend catch limits or CSP allocations between the 
charter and commercial fisheries for Areas 2C and 3A for the 2018 
fishing year. As a result, the Area 2C and 3A CSPs for 2017 remain in 
effect for 2018 until superseded by an action separate from this final 
rule. NMFS may implement more restrictive regulations for the fishery 
for halibut or components of it; therefore, anglers are advised to 
check the current U.S. Federal and IPHC regulations prior to fishing.
    A complete description of the process for setting the 2017 Area 2C 
and Area 3A CSPs, and the specific details of each area plan, can be 
found in the Federal Register (82 FR 12730, March 7, 2017). A brief 
summary of the Area 2C and 3A 2017 catch limits follows here.
    In 2017, 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 was allocated 915,000 lb 
(415.04 mt) of the CCL and the remainder of the CCL, 4,335,000 lb 
(1,966.32 mt), was allocated to the commercial fishery. Wastage in the 
amount of 123,000 lb

[[Page 10393]]

(55.79 mt) was deducted from the commercial allocation to obtain the 
commercial catch limit of 4,212,000 lb (1,910.53 mt). These Area 2C 
catch limits for 2017 remain in effect until superseded. NMFS may 
implement more restrictive regulations for the fishery for halibut or 
components of it; therefore, anglers are advised to check the current 
U.S. Federal and IPHC regulations prior to fishing.
    Also in 2017, 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 was 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), was 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). These Area 3A catch limits for 2017 remain in effect 
until superseded by an action separate from this final rule. NMFS may 
implement more restrictive regulations for the fishery for halibut or 
components of it; therefore, anglers are advised to check the current 
U.S. Federal and IPHC regulations prior to fishing.

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 2017. 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 2018. 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.
    At its January 2018 annual meeting, the IPHC did not agree upon or 
recommend catch limits or management measures for the 2018 charter 
halibut fisheries. As a result, the Areas 2C and 3A charter halibut 
management measures implemented in 2017 remain in effect for 2018 until 
superseded by an action separate from this final rule. NMFS may 
implement more restrictive regulations for the fishery for halibut or 
components of it; therefore, anglers are advised to check the current 
U.S. Federal and IPHC regulations prior to fishing.
    A complete description of the process for setting the Area 2C and 
3A 2017 charter halibut management measures, and the specific details 
of each area plan, can be found in the Federal Register at (82 FR 
12730, March 7, 2017). A brief summary of the Area 2C and Area 3A 2017 
halibut charter management measures follows below.
    For Area 2C, the 2017 charter halibut management measures consisted 
of a one-fish daily bag limit with a reverse slot limit that prohibited 
a person on board a charter vessel 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. For Area 3A, the 2017 the 
charter halibut management measures included: (1) A two-fish daily bag 
limit with a 28-inch (71.1 cm) size limit on one of the halibut; (2) a 
four-fish an annual limit, with a reporting requirement. (3) a one-trip 
per day limit for the entire season; (4) no retention of halibut on 
Wednesdays for the entire season; and, (5) no retention of halibut for 
three Tuesdays in 2017.

Other Regulatory Amendments

    Although IPHC did not recommend new catch limits, or revised CSPs 
for Area 2C and 3A and for Areas 4C, 4D, and 4E, or revisions to 
charter halibut management measures in Areas 2C and 3A, the IPHC did 
recommend several amendments to the 2018 annual management measures. In 
addition to approving new halibut fishery opening and closing dates 
(described above), the other approved amendments are as follows:

Clarify the Head-On Weighing Requirement

    Beginning in 2017, regulations in Section 14 (formerly Section 13) 
have required that all commercial Pacific halibut must be landed and 
weighed with their heads attached (head-on) for data reporting 
purposes. The head-on requirement is intended to improve the estimates 
of the weight of landed halibut. At the January 2018 annual IPHC 
meeting, the IPHC recommended revisions to Section 18(5) and 18(6) to 
clarify that the catch reporting requirements in these sections require 
head-on landing and weighing. The revisions specify that (1) all 
commercial halibut landed in Alaska regulatory areas must be weighed 
with the head on, and (2) the head-on weight must be reported in the 
applicable catch report. The regulations at Section 14(2) provides the 
following exception to the head-on requirement: Pacific halibut frozen 
at sea with its head removed may be possessed on board a vessel by 
persons in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E 
if authorized by Federal regulations.

Allow CDQ Groups To Lease Halibut QS in Areas 4B, 4C, and 4D

    In June 2017, the NPFMC took final action to allow CDQ groups to 
lease (to receive by transfer) halibut catcher vessel IFQ in Areas 4B, 
4C, and 4D in years of low halibut catch limits. This action is 
intended to provide additional harvest opportunities to CDQ groups

[[Page 10394]]

and provide IFQ holders with the opportunity to receive value for their 
IFQ when the halibut catch limits may not be large enough to provide 
for an economically viable fishery for IFQ holders. Under current NMFS 
regulations, CDQ groups cannot receive by transfer any IFQ derived from 
catcher vessel QS. These restrictions limit the options for CDQ groups 
to expand opportunities for halibut fishing for residents in times of 
low halibut abundance. The Council's action authorizes CDQ groups to 
receive IFQ by transfer in Areas 4B, 4C, and 4D in years of low Pacific 
halibut catch limits in Areas 4B and 4CDE.
    Low Pacific halibut catch limits triggering this provision would be 
1,000,000 pounds (453.59 t) in Area 4B and 1,500,000 pounds (680.39 t) 
in the combined Area 4CDE. A CDQ group may lease catcher vessel IFQ 
only in areas it is allocated Pacific halibut CDQ. Only vessels equal 
to or under 51 feet length overall would be eligible to harvest the 
leased IFQ. Vessels must comply with IFQ use restrictions for all IFQ 
received by transfer.
    NMFS is currently developing a proposed rule to implement the 
Council's recommendation. As part of its action, the Council 
recommended that any Area 4D IFQ transferred to a CDQ group may be 
fished in Area 4E by vessels less than or equal to 51 feet in length 
overall (LOA) when the low catch limit threshold in Area 4CDE is 
triggered. The Council recommended this provision to provide additional 
harvest opportunities for CDQ residents to use Area 4D IFQ in Area 4E 
consistent with regulations that allow Area 4D CDQ to be used in Area 
4E. Implementation of this provision requires revisions to IPHC 
regulations.
    At the January 2018 annual IPHC meeting, the IPHC recommended 
revisions to Sections (8)(1) and (8)(3) to revise its regulations for 
consistency with NMFS regulations if a final rule is approved to 
implement the Council's recommendations. The revisions to IPHC 
regulations clarify that the retention and catch reporting requirements 
of halibut taken for personal use in Areas 4E and 4D also apply to 
halibut that are taken by persons who are fishing IFQ that is received 
by transfer by a CDQ organization. The IPHC also recommended revisions 
to the Areas 4D and 4E catch limit calculations in Section 12(8) to 
include the harvest resulting from IFQ received by transfer by a CDQ 
organization. Individual Fishing Quota that is designated for Area 4D 
may continue to be harvested in Area 4E, and 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 Areas 4D 
and 4E CDQ fisheries and any Area 4D IFQ received by transfer by a CDQ 
organization.

Clarify Halibut Retention Requirements for Charter Vessel Anglers

    At the IPHC's January 2018 annual meeting, the IPHC recommended a 
revision to Section 29(1)(f) of IPHC regulations to clarify that 
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. To accomplish this clarification, the word ``all'' 
was deleted from Section 28(1)(f) to distinguish the requirement in 
Section 28(1)(f) to retain halibut on board a charter vessel until the 
end of a charter trip from the requirement to retain carcasses for 
size-restricted halibut (see 50 CFR 300.65(d)(5)).

Clarify Filleting at Sea Requirements

    IPHC regulations at Section 29(1)(d) say that 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 piece maybe cut 
into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek 
pieces, with skin on all pieces. While this regulation is necessary for 
a proper accounting of fish on board a vessel and the enforcement of 
daily bag and possession limits, the precise amount of skin that must 
be left on each piece of halibut is not defined. Given that the purpose 
of the skin-on requirement is to distinguish pieces of halibut from the 
dorsal and ventral sides of the fish, it is not necessary to require 
all the skin to be left on all the pieces. To clarify the regulation, 
the IPHC determined that a patch of skin that is naturally attached on 
each piece of halibut that is cut into pieces as described in Section 
29(1)(d) is adequate to satisfy the intent of the regulation.

Authorize Halibut To Be Taken With Pot Gear

    On December 28, 2016, NMFS published a final rule to authorize 
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 Area 2C (not including the inside waters), all of 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 recommended approval of 
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.
    At its 2018 annual meeting, the IPHC received a proposal for 
additional regulatory revisions that would allow halibut taken with pot 
gear to be retained in the Bering Sea and Aleutian Islands. The 
proposal was prompted by evidence of conflicts with whale depredation 
of halibut on longline gear and referenced the Council's consideration 
of an action to authorize longline pot gear for the IFQ sablefish 
fishery in the Bering Sea and Aleutian Islands. After considering the 
proposal, the IPHC recommended changes to Section 20 (Fishing Gear) in 
parts (1)(b) and (2)(b) to authorize longline or single pot gear and 
struck the phrase that restricted retention of halibut taken in pot 
gear to only pot gear used the sablefish IFQ fishery. In recommending 
these changes, the IPHC noted the existing references in each 
subsection that allow pots to be used for halibut fishing ``if such 
retention is authorized by NMFS regulations published at 50 CFR part 
679''. Therefore, the regulatory revisions continue to authorize 
retention of halibut in the GOA sablefish IFQ fishery consistent with 
NMFS regulations. The revisions also would accommodate a potential 
future Council recommendation and NMFS implementation of regulations to 
authorize retention of halibut taken in pot gear in the Bering Sea and 
Aleutian Islands.

Changes to Area 3A Closure Dates for 2018

    Annual management measures in the charter halibut fishery are 
implemented to limit the charter sector to its harvest allocation under 
the CSP with the commercial halibut fishery. The management measures 
are recommended to the NPFMC by its Charter Halibut Management

[[Page 10395]]

Committee. In recent years, one of the measures the Committee and the 
IPHC has recommended are closures on specific days of the week in Area 
3A as a means to reduce the total charter sector harvest. In 2017, the 
management measures called for closures to halibut retention by charter 
vessel anglers on all Wednesdays over the entire season, and on three 
Tuesdays in July and August. As described in detail above, the IPHC did 
not adopt charter halibut management measures for 2018; as such, the 
management measures for 2017 remain in effect unless superseded by an 
action separate from this final rule. The regulatory revision 
recommended by the IPHC changes the reference dates published in the 
2017 IPHC regulations to ensure that all the dates of the Tuesdays' 
closures fall on Tuesdays. If left unchanged, the three dates as 
written in the 2017 IPHC regulations would fall on Wednesdays in 2018. 
The revised dates are changed from 18 July, 25 July, and 1 August to 17 
July, 24 July, and 31 July.

Annual Halibut Management Measures

    The following annual management measures for the 2018 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 
Pacific halibut in, or possessing Pacific halibut taken from, the 
maritime area as defined in Section 3.
    (2) Sections 3 to 7 apply generally to all Pacific halibut fishing.
    (3) Sections 8 to 21 apply to commercial fishing for Pacific 
halibut.
    (4) Section 22 applies to tagged Pacific halibut caught by any 
vessel.
    (5) Section 23 applies to the United States treaty Indian fishery 
in Subarea 2A-1.
    (6) Section 24 applies to customary and traditional fishing in 
Alaska.
    (7) Section 25 applies to Aboriginal groups fishing for food, 
social and ceremonial purposes in British Columbia.
    (8) Sections 26 to 29 apply to sport fishing for Pacific halibut.
    (9) These Regulations do not apply to fishing operations authorized 
or conducted by the Commission for research purposes.

3. Definitions

    (1) In these Regulations,
    (a) ``authorized officer'' means any State, Federal, or Provincial 
officer authorized to enforce these Regulations including, but not 
limited to, the National Marine Fisheries Service (NMFS), Canada's 
Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers 
(AWT), United States Coast Guard (USCG), Washington Department of Fish 
and Wildlife (WDFW), 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 Pacific 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 
Pacific 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 23, (iii) customary and traditional 
fishing as referred to in section 24 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 
25;
    (e) ``Commission'' or ``IPHC'' means the International Pacific 
Halibut Commission;
    (f) ``daily bag limit'' means the maximum number of Pacific 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 Pacific 
halibut that may be retained and landed by a vessel during one fishing 
period;
    (i) ``land'' or ``offload'' with respect to Pacific halibut, means 
the removal of halibut from the catching vessel;
    (j) ``license'' means a Pacific halibut fishing license issued by 
the Commission pursuant to section 5;
    (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 Pacific halibut means the weight of Pacific 
halibut that is without gills and entrails, head-off, washed, and 
without ice and slime. If a Pacific 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 IPHC Regulatory Area referred to 
in section 7;
    (q) ``setline gear'' means one or more stationary, buoyed, and 
anchored lines with hooks attached;
    (r) ``sport fishing'' or ``recreational fishing'' means all fishing 
other than (i) commercial fishing, (ii) treaty Indian ceremonial and 
subsistence fishing as referred to in section 23, (iii) customary and 
traditional fishing as referred to in section 24 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 25;
    (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. Limits

    (1) The fishery limits resulting from the IPHC-adopted values and 
the Contracting Party catch sharing arrangements are as follows:

[[Page 10396]]



------------------------------------------------------------------------
                                            Fishery limits (net weight)
                                         -------------------------------
          IPHC Regulatory Area                              Metric tons
                                           Pounds  (lbs)        (t)
------------------------------------------------------------------------
Area 2A (California, Oregon, Washington)       1,330,000          603.28
    Non-treaty directed commercial               225,591          102.33
     (south of Pt. Chehalis)............
    Non-treaty incidental catch in                39,810           18.06
     salmon troll fishery...............
    Non-treaty incidental catch in                70,000           31.75
     sablefish fishery (north of Pt.
     Chehalis)..........................
    Treaty Indian commercial............         435,900          197.72
    Treaty Indian ceremonial and                  29,600           13.43
     subsistence (year-round)...........
    Recreational--Washington............         237,762          107.85
    Recreational--Oregon................         256,757          116.46
    Recreational--California............          34,580           15.69
Area 2B (British Columbia)(includes            7,450,000        3,379.27
 recreational catch allocation).........
Area 2C (southeastern Alaska) (combined        5,250,000        2,381.36
 commercial/guided recreational)........
    Commercial fishery (4,212,000 catch        4,335,000        1,966.33
     and 123,000 incidental mortality)..
    Guided sport fishery (includes catch         915,000          415.04
     and incidental mortality)..........
Area 3A (central Gulf of Alaska)              10,000,000        4,535.93
 (combined commercial/guided
 recreational)..........................
Commercial fishery (7,739,000 catch and        8,110,000        3,678.64
 371,000 incidental mortality)..........
Guided recreational fishery (includes          1,890,000          857.29
 catch and incidental mortality)........
Area 3B (western Gulf of Alaska)........       3,140,000        1,424.28
Area 4A (eastern Aleutians).............       1,390,000          630.49
Area 4B (central/western Aleutians).....       1,140,000          517.10
Area 4CDE...............................       1,700,000          771.11
    Area 4C (Pribilof Islands)..........         752,000          341.10
    Area 4D (northwestern Bering Sea)...         752,000          341.10
    Area 4E (Bering Sea flats)..........         196,000           88.90
                                         -------------------------------
        Total...........................      31,400,000       14,242.82
------------------------------------------------------------------------

5. Licensing Vessels for IPHC Regulatory Area 2A

    (1) No person shall fish for Pacific halibut from a vessel, nor 
possess Pacific halibut on board a vessel, used either for commercial 
fishing or as a charter vessel in IPHC Regulatory Area 2A, unless the 
Commission has issued a license valid for fishing in IPHC Regulatory 
Area 2A in respect of that vessel.
    (2) A license issued for a vessel operating in IPHC Regulatory 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 IPHC Regulatory Area 2A commercial 
license cannot be used to sport fish for Pacific halibut in IPHC 
Regulatory 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 9;
    (b) the incidental catch fishery during the sablefish fishery 
specified in paragraph (3) of section 9; or
    (c) the incidental catch fishery during the salmon troll fishery 
specified in paragraph (4) of section 9.
    (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 
Pacific Halibut Fishery'' form.
    (8) A vessel operating in the directed commercial fishery in IPHC 
Regulatory Area 2A must have its ``Application for Vessel License for 
the Pacific Halibut Fishery'' form postmarked no later than 2359 hours 
local time on 30 April, or 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 IPHC Regulatory Area 2A must have its 
``Application for Vessel License for the Pacific Halibut Fishery'' form 
postmarked no later than 2359 hours local time 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 IPHC Regulatory Area 2A must have its 
``Application for Vessel License for the Pacific Halibut Fishery'' form 
postmarked no later than 2359 hours local time 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 IPHC Secretariat.
    (12) Information on ``Application for Vessel License for the 
Pacific Halibut Fishery'' form must be accurate.
    (13) The ``Application for Vessel License for the Pacific 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.
    (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 U.S. Code 
Title 15, CFR part 904.

6. 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 IPHC Regulatory Area;
    (b) is consistent with the Convention between Canada and the United 
States

[[Page 10397]]

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 of America; 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 Pacific halibut processors; 
Federal, State, United States treaty Indian, and Provincial fishery 
officials; and the media.

7. Regulatory Areas

    The following areas shall be IPHC Regulatory Areas (see Figure 1) 
for the purposes of the Convention:
    (1) IPHC Regulatory Area 2A includes all waters off the states of 
California, Oregon, and Washington;
    (2) IPHC Regulatory Area 2B includes all waters off British 
Columbia;
    (3) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory 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) IPHC Regulatory Area 4B includes all waters in the Bering Sea 
and the Gulf of Alaska west of IPHC Regulatory Area 4A and south of 
56[deg]20'00'' N latitude;
    (8) IPHC Regulatory Area 4C includes all waters in the Bering Sea 
north of IPHC Regulatory 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) IPHC Regulatory Area 4D includes all waters in the Bering Sea 
north of IPHC Regulatory Areas 4A and 4B, north and west of IPHC 
Regulatory 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.

8. Fishing in Regulatory IPHC Regulatory Areas 4E and 4D

    (1) Section 8 applies only to any person fishing for, or any vessel 
that is used to fish for, IPHC Regulatory Area 4E Community Development 
Quota (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ Pacific 
halibut, or IPHC Regulatory Area 4D IFQ received by transfer by a CDQ 
organization provided that the total annual halibut catch of that 
person or vessel is landed at a port within IPHC Regulatory Areas 4E or 
4D.
    (2) A person may retain Pacific halibut taken with setline gear 
that are smaller than the size limit specified in section 14, provided 
that no person may sell or barter such Pacific halibut.
    (3) The manager of a CDQ organization that authorizes persons to 
harvest Pacific halibut in the IPHC Regulatory Area 4E or 4D CDQ 
fisheries or IFQ received by transfer by a CDQ organization must report 
to the Commission the total number and weight of undersized Pacific 
halibut taken and retained by such persons pursuant to section 8, 
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 Pacific halibut were harvested.

9. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the 
catch limits specified in section 12 have not been taken.
    (2) Each fishing period in the IPHC Regulatory Area 2A directed 
commercial fishery \2\ shall begin at 0800 hours and terminate at 1800 
hours local time on 27 June, 11 July, 25 July, 8 August, 22 August, 5 
September, and 19 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 12, 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 24 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 
Pacific 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 12, 
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 24 March and 1200 
hours local time on 7 November.
    (5) The fishing period in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 
4B, 4C, 4D, and 4E shall begin at 1200 hours local time on 24 March and 
terminate at 1200 hours local time on 7 November, unless the Commission 
specifies otherwise.
    (6) All commercial fishing for Pacific halibut in IPHC Regulatory 
Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 
hours local time on 7 November.

10. Closed Periods

    (1) No person shall engage in fishing for Pacific halibut in any 
IPHC Regulatory Area other than during the fishing periods set out in 
section 9 in respect of that area.
    (2) No person shall land or otherwise retain Pacific halibut caught 
outside a fishing period applicable to the regulatory area where the 
Pacific halibut was taken.
    (3) Subject to paragraphs (7), (8), (9), and (10) of section 20, 
these Regulations do not prohibit fishing for any species of fish other 
than Pacific halibut during the closed periods.
    (4) Notwithstanding paragraph (3), no person shall have Pacific 
halibut in his/her possession while fishing for any other species of 
fish during the closed periods.
    (5) No vessel shall retrieve any Pacific halibut fishing gear 
during a closed period if the vessel has any Pacific halibut on board.
    (6) A vessel that has no Pacific halibut on board may retrieve any 
Pacific halibut fishing gear during the closed

[[Page 10398]]

period after the operator notifies an authorized officer or 
representative of the Commission prior to that retrieval.
    (7) After retrieval of Pacific 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 Pacific halibut caught on gear 
retrieved in accordance with paragraph (6).
    (9) No person shall possess Pacific 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 Pacific halibut 
may be lawfully sold.

11. 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 Pacific halibut fishing and no person shall fish for Pacific 
halibut therein or have Pacific 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 Pacific halibut 
fishing.

12. Commercial Catch Limits

    (1) The total allowable commercial catch of Pacific halibut to be 
taken during the commercial Pacific halibut fishing periods specified 
in section 9 shall be limited to the net weights expressed in pounds or 
metric tons shown in the following table:
---------------------------------------------------------------------------

    \4\ IPHC allocates the catch limit to IPHC Regulatory 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 
28 for sport fishing regulations.
    \5\ For IPHC Regulatory 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 IPHC Regulatory 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).

------------------------------------------------------------------------
                                           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 IPHC Regulatory Area 2A catch limit between the 
directed commercial fishery and the incidental catch fishery as 
described in paragraph (4) of section 9 will be promulgated by NMFS and 
published in the Federal Register.
    (3) The Commission shall determine and announce to the public the 
date on which the catch limit for IPHC Regulatory Area 2A will be 
taken.
    (4) Notwithstanding paragraph (1), the commercial fishing in IPHC 
Regulatory Area 2B will close only when all Individual Vessel Quotas 
(IVQs) assigned by DFO are taken, or 7 November, whichever is earlier.
    (5) Notwithstanding paragraph (1), IPHC Regulatory 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 
IPHC Regulatory Area 2A in paragraph (1) would be exceeded in an 
unrestricted 10-hour fishing period as specified in paragraph (2) of 
section 9, 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 IPHC Regulatory Area 2A 
will be taken, no person shall fish for Pacific halibut in that area 
after that date for the rest of the year, unless the Commission has 
announced the reopening of that area for Pacific halibut fishing.
    (8) Notwithstanding paragraph (1), the total allowable catch of 
Pacific halibut that may be taken in the IPHC Regulatory Area 4E 
directed commercial fishery is equal to the combined annual catch 
limits specified for the IPHC Regulatory Areas 4D and 4E CDQ fisheries 
and any IPHC Regulatory Area 4D IFQ received by transfer by a CDQ 
organization. The annual IPHC Regulatory Area 4D catch limit will 
decrease by the equivalent amount of CDQ and IFQ received by transfer 
by a CDQ organization taken in IPHC Regulatory Area 4E in excess of the 
annual IPHC Regulatory Area 4E catch limit.
    (9) Notwithstanding paragraph (1), the total allowable catch of 
Pacific halibut that may be taken in the IPHC Regulatory Area 4D 
directed commercial fishery is equal to the combined annual catch 
limits specified for IPHC Regulatory Areas 4C and 4D. The annual IPHC 
Regulatory Area 4C catch limit will decrease by the equivalent amount 
of Pacific halibut taken in IPHC Regulatory Area 4D in excess of the 
annual IPHC Regulatory Area 4D catch limit.

[[Page 10399]]

13. Fishing Period Limits

    (1) It shall be unlawful for any vessel to retain more Pacific 
halibut than authorized by that vessel's license in any fishing period 
for which the Commission has announced a fishing period limit.
    (2) The operator of any vessel that fishes for Pacific halibut 
during a fishing period when fishing period limits are in effect must, 
upon commencing an offload of Pacific halibut to a commercial fish 
processor, completely offload all Pacific halibut on board said vessel 
to that processor and ensure that all Pacific halibut is weighed and 
reported on State fish tickets.
    (3) The operator of any vessel that fishes for Pacific halibut 
during a fishing period when fishing period limits are in effect must, 
upon commencing an offload of Pacific halibut other than to a 
commercial fish processor, completely offload all Pacific halibut on 
board said vessel and ensure that all Pacific 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 
Pacific 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 IPHC Regulatory Area 2A apply only to 
the directed Pacific halibut fishery referred to in paragraph (2) of 
section 9.

14. Size Limits

    (1) No person shall take or possess any Pacific 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, Pacific 
halibut in any IPHC Regulatory Area shall possess any Pacific halibut 
that has had its head removed, except that Pacific halibut frozen at 
sea with its head removed may be possessed on board a vessel by persons 
in IPHC Regulatory 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 
Pacific halibut that has had its head removed after the operator has 
landed the Pacific halibut.

15. Careful Release of Pacific Halibut

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

16. Vessel Clearance in IPHC Regulatory Area 4

    (1) The operator of any vessel that fishes for Pacific halibut in 
IPHC Regulatory Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance 
before fishing in any of these areas, and before the landing of any 
Pacific 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 IPHC Regulatory 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 IPHC Regulatory 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 IPHC Regulatory 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 Pacific halibut caught in IPHC Regulatory 
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 Pacific halibut caught in IPHC Regulatory 
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 Pacific halibut caught in IPHC Regulatory 
Areas 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 19 for possessing Pacific halibut on board a vessel that was 
caught in more than one regulatory area in IPHC

[[Page 10400]]

Regulatory Area 4 is exempt from the clearance requirements of 
paragraph (1) of this section, provided that:
    (a) The operator of the vessel obtains a vessel clearance prior to 
fishing in IPHC Regulatory 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 Pacific halibut from IPHC Regulatory Area 
4, the vessel operator obtains a vessel clearance from Dutch Harbor, 
Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by 
contacting an authorized officer of the United States, a representative 
of the Commission, or a designated fish processor. The clearance 
obtained in St. Paul or St. George can be obtained by VHF radio and 
allowing the person contacted to confirm visually the identity of the 
vessel. The clearance obtained in Adak or Nazan Bay on Atka Island can 
be obtained by VHF radio.
    (11) Vessel clearances shall be obtained between 0600 and 1800 
hours, local time.
    (12) No Pacific halibut shall be on board the vessel at the time of 
the clearances required prior to fishing in IPHC Regulatory Area 4.
    (13) Any vessel that is used to fish for Pacific halibut only in 
IPHC Regulatory Area 4A and lands its total annual Pacific halibut 
catch at a port within IPHC Regulatory Area 4A is exempt from the 
clearance requirements of paragraph (1).
    (14) Any vessel that is used to fish for Pacific halibut only in 
IPHC Regulatory Area 4B and lands its total annual Pacific halibut 
catch at a port within IPHC Regulatory Area 4B is exempt from the 
clearance requirements of paragraph (1).
    (15) Any vessel that is used to fish for Pacific halibut only in 
IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific 
halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the 
closed area defined in section 11, is exempt from the clearance 
requirements of paragraph (1).
    (16) Any vessel that carries a transmitting VMS transmitter while 
fishing for Pacific halibut in IPHC Regulatory Areas 4A, 4B, 4C, or 4D 
and until all Pacific 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 Pacific halibut in IPHC 
Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation 
number.

17. Logs

    (1) The operator of any U.S. vessel fishing for Pacific halibut 
that has an overall length of 26 feet (7.9 meters) or greater shall 
maintain an accurate log of Pacific 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 (ADFG) longline-pot logbook; or the logbook 
provided by IPHC. The operator of a vessel fishing in IPHC Regulatory 
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 (ADFG, 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 Pacific 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 Pacific 
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 Pacific halibut 
fishing, during transits to port of landing, and until the offloading 
of all Pacific halibut is completed.
    (4) The log referred to in paragraph (1) does not apply to the 
incidental Pacific halibut fishery during the salmon troll season in 
IPHC Regulatory Area 2A defined in paragraph (4) of section 9.
    (5) The operator of any Canadian vessel fishing for Pacific 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 Pacific 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 Pacific halibut 
fishing, during transits to port of landing, and until the offloading 
of all Pacific 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.

18. Receipt and Possession of Pacific Halibut

    (1) No person shall receive Pacific halibut caught in IPHC 
Regulatory Area 2A from a United States vessel that does not have on 
board the license required by section 5.
    (2) No person shall possess on board a vessel a Pacific 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) Pacific halibut cheeks cut from Pacific halibut caught by 
persons authorized to process the Pacific halibut on board in 
accordance with NMFS

[[Page 10401]]

regulations published at 50 CFR part 679;
    (b) fillets from Pacific halibut offloaded in accordance with 
section 18 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 18 
paragraph (2)(b) does not apply to fish caught in IPHC Regulatory 
Area 2B or landed in British Columbia.
---------------------------------------------------------------------------

    (c) Pacific halibut with their heads removed in accordance with 
section 14.
    (3) No person shall offload Pacific halibut from a vessel unless 
the gills and entrails have been removed prior to offloading.
    (4) It shall be the responsibility of a vessel operator who lands 
Pacific halibut to continuously and completely offload at a single 
offload site all Pacific 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 
Pacific halibut harvested in IFQ and CDQ fisheries in IPHC Regulatory 
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the vessel 
operator that harvested such Pacific halibut must weigh all the Pacific 
halibut received and record the following information on Federal catch 
reports: Date of offload; name of vessel; vessel number (State, Tribal 
or Federal, not IPHC vessel number); scale weight obtained at the time 
of offloading, including the scale weight (in pounds) of Pacific 
halibut purchased by the registered buyer, the scale weight (in pounds) 
of Pacific halibut offloaded in excess of the IFQ or CDQ, the scale 
weight of Pacific halibut (in pounds) retained for personal use or for 
future sale, and the scale weight (in pounds) of Pacific halibut 
discarded as unfit for human consumption. All Pacific halibut harvested 
in IFQ or CDQ fisheries in Areas IPHC Regulatory 2C, 3A, 3B, 4A, 4B, 
4C, 4D, and 4E, must be weighed with the head on and the head-on weight 
must be recorded on Federal catch reports as specified in this 
paragraph, unless the Pacific halibut is frozen at sea and exempt from 
the head-on landing requirement at Section 14(2).
    (6) The first recipient, commercial fish processor, or buyer in the 
United States who purchases or receives Pacific halibut directly from 
the vessel operator that harvested such Pacific halibut must weigh and 
record all Pacific 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 Pacific halibut purchased; the weight (in pounds) of Pacific halibut 
offloaded in excess of the IFQ, CDQ, or fishing period limits; the 
weight of Pacific halibut (in pounds) retained for personal use or for 
future sale; and the weight (in pounds) of halibut discarded as unfit 
for human consumption. All Pacific halibut harvested in IFQ or CDQ 
fisheries in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, 
must be weighed with the head on and the head-on weight must be 
recorded on State fish tickets as specified in this paragraph, unless 
the Pacific halibut is frozen at sea and exempt from the head-on 
landing requirement at Section 14(2).
    (7) For Pacific 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.
    (8) The master or operator of a Canadian vessel that was engaged in 
Pacific halibut fishing must weigh and record all Pacific 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 Pacific 
halibut was purchased; and the scale weight obtained at the time of 
offloading of all Pacific 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. All 
Pacific halibut must be weighed with the head on and the head-on weight 
must be recorded on the Provincial fish tickets or Federal catch 
reports as specified in this paragraph, unless the Pacific halibut is 
frozen at sea and exempt from the head-on landing requirement at 
Section 14(2).
    (9) 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 (8) of section 18.
    (10) A copy of the fish tickets or catch reports referred to in 
paragraphs (5), (6), and (8) 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.
    (11) No person shall possess any Pacific halibut taken or retained 
in contravention of these Regulations.
    (12) When Pacific 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 Pacific 
halibut was caught, in compliance with paragraph (10).
    (13) No person shall tag Pacific halibut unless the tagging is 
authorized by IPHC permit or by a Federal or State agency.

19. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess at 
the same time on board a vessel Pacific halibut caught in more than one 
IPHC Regulatory Area.
    (2) Pacific halibut caught in more than one of the IPHC 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 679.7(f)(4); 
and
    (b) the operator of the vessel identifies the regulatory area in 
which each Pacific halibut on board was caught by separating Pacific 
halibut from different areas in the hold, tagging Pacific halibut, or 
by other means.

20. Fishing Gear

    (1) No person shall fish for Pacific halibut using any gear other 
than hook and line gear,
    (a) except that vessels licensed to catch sablefish in IPHC 
Regulatory Area 2B using sablefish trap gear as defined in the 
Condition of Licence can retain Pacific halibut caught as bycatch under 
regulations promulgated by DFO; or
    (b) except that a person may retain Pacific halibut taken with 
longline or single pot gear if such retention is authorized by NMFS 
regulations published at 50 CFR part 679.
    (2) No person shall possess Pacific halibut taken with any gear 
other than hook and line gear,
    (a) except that vessels licensed to catch sablefish in IPHC 
Regulatory Area 2B using sablefish trap gear as defined by the 
Condition of Licence can retain Pacific halibut caught as bycatch under 
regulations promulgated by DFO; or
    (b) except that a person may possess Pacific halibut taken with 
longline or single pot gear if such possession is authorized by NMFS 
regulations published at 50 CFR part 679.
    (3) No person shall possess Pacific halibut while on board a vessel 
carrying any trawl nets or fishing pots capable of catching Pacific 
halibut,
    (a) except that in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, or 4E, Pacific halibut heads, skin, entrails, bones or fins for use 
as bait may be possessed on board a vessel carrying

[[Page 10402]]

pots capable of catching Pacific halibut, provided that a receipt 
documenting purchase or transfer of these Pacific halibut parts is on 
board the vessel; or
    (b) except that in IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 
4D, or 4E, Pacific halibut may be possessed on board a vessel carrying 
pots capable of catching Pacific 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 IPHC Regulatory Area 2B, Pacific 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 gear marker buoys carried on board or used by any United 
States vessel used for Pacific 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 gear marker buoys carried on board or used by a Canadian 
vessel used for Pacific 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 IPHC Regulatory Area 2A during the 72-hour period 
immediately before the fishing period for the directed commercial 
fishery shall catch or possess Pacific halibut anywhere in those waters 
during that Pacific halibut fishing period unless, prior to the start 
of the Pacific halibut fishing period, the vessel has removed its gear 
from the water and has either:
    (a) Made a landing and completely offloaded its catch of other 
fish; or
    (b) submitted to a hold inspection by an authorized officer.
    (8) No vessel used to fish for any species of fish anywhere in IPHC 
Regulatory Area 2A during the 72-hour period immediately before the 
fishing period for the directed commercial fishery may be used to catch 
or possess Pacific halibut anywhere in those waters during that Pacific 
halibut fishing period unless, prior to the start of the Pacific 
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 IPHC Regulatory Areas 2B, 2C, 
3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately 
before the opening of the Pacific halibut fishing season shall catch or 
possess Pacific 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 IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 
4B, 4C, 4D, or 4E during the 72-hour period immediately before the 
opening of the Pacific halibut fishing season may be used to catch or 
possess Pacific 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 Pacific halibut taken with 
trawl gear only as authorized by Prohibited Species Donation 
regulations of NMFS.

21. Supervision of Unloading and Weighing

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

22. Retention of Tagged Pacific Halibut

    (1) Nothing contained in these Regulations prohibits any vessel at 
any time from retaining and landing a Pacific halibut that bears a 
Commission external tag at the time of capture, if the Pacific 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 Pacific halibut:
    (a) May be retained for personal use; or
    (b) may be sold only if the Pacific halibut is caught during 
commercial Pacific halibut fishing and complies with the other 
commercial fishing provisions of these Regulations.
    (3) Any Pacific 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 Pacific 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 Pacific 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 23, paragraph (7), section 24, or 
section 25.

23. Fishing by United States Treaty Indian Tribes

    (1) Pacific 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 14 (size limits), section 15 (careful release of 
Pacific halibut), section 17 (logs), section 18 (receipt and possession 
of Pacific halibut) and section 20 (fishing gear), except paragraphs 
(7) and (8) of section 20, apply to commercial fishing for Pacific 
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 IPHC Regulatory Area 2A) does 
not apply to commercial fishing for Pacific halibut in Subarea 2A-1 by 
treaty Indian tribes.
    (6) Commercial fishing for Pacific halibut in Subarea 2A-1 is 
permitted with hook and line gear from 24 March through 7 November, or 
until 435,900 pounds (197.72 metric tons) net weight is taken, 
whichever occurs first.

[[Page 10403]]

    (7) Ceremonial and subsistence fishing for Pacific halibut in 
Subarea 2A-1 is permitted with hook and line gear from January 1 
through December 31, and is estimated to take 29,600 pounds (13.43 
metric tons) net weight.

24. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for Pacific halibut in IPHC 
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.

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

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

26. Sport Fishing for Pacific Halibut--General

    (1) No person shall engage in sport fishing for Pacific 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 Pacific 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 Pacific halibut.
    (4) No person may possess Pacific halibut on a vessel while fishing 
in a closed area.
    (5) No Pacific halibut caught by sport fishing shall be offered for 
sale, sold, traded, or bartered.
    (6) No Pacific 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 committed by an angler on 
board a charter vessel.

27. Sport Fishing for Pacific Halibut--IPHC Regulatory Area 2A

    (1) The total allowable catch of Pacific 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 Pacific 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 IPHC Regulatory 
Area 2A, or announced by the Commission.
    (4) In California, Oregon, or Washington, no person shall fillet, 
mutilate, or otherwise disfigure a Pacific 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 Pacific halibut in the 
waters off the coast of Washington is the same as the daily bag limit. 
The possession limit for Pacific halibut on land in Washington is two 
daily bag limits.
    (6) The possession limit on a vessel for Pacific halibut caught in 
the waters off the coast of Oregon is the same as the daily bag limit. 
The possession limit for Pacific halibut on land in Oregon is three 
daily bag limits.
    (7) The possession limit on a vessel for Pacific halibut caught in 
the waters off the coast of California is one daily bag limit. The 
possession limit for Pacific halibut on land in California is one daily 
bag limit.
    (8) Specific regulations describing fishing periods, catch limits, 
fishing dates, and daily bag limits are promulgated by NMFS and 
published in the Federal Register.

28. Sport Fishing for Pacific Halibut--IPHC Regulatory Area 2B

    (1) In all waters off British Columbia: \8\ \9\
---------------------------------------------------------------------------

    \8\ 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.
    \9\ For regulations on the experimental recreational fishery 
implemented by DFO check the current Federal or Provincial 
regulations.
---------------------------------------------------------------------------

    (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 Pacific halibut of any size per day 
per person.
    (2) In British Columbia, no person shall fillet, mutilate, or 
otherwise disfigure a Pacific 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 Pacific halibut in the waters off the 
coast of British Columbia is three Pacific halibut.\9\ \10\

29. Sport Fishing for Pacific Halibut--IPHC Regulatory Areas 2C, 3A, 
3B, 4A, 4B, 4C, 4D, 4E

    (1) In Convention waters in and off Alaska: \10\ \11\
---------------------------------------------------------------------------

    \10\ 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.
    \11\ Charter vessels are prohibited from harvesting Pacific 
halibut in IPHC Regulatory 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 Pacific 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, Pacific halibut that have 
been filleted, mutilated, or otherwise disfigured in any manner, except 
that each Pacific halibut may be cut into no more than 2 ventral 
pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on 
each piece, naturally attached.
    (e) Pacific 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) Pacific halibut harvested on a charter vessel fishing trip in 
IPHC Regulatory Areas 2C or 3A must be retained on board the charter 
vessel on which the Pacific 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

[[Page 10404]]

used to allow a charter vessel angler to harvest additional Pacific 
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 
IPHC Regulatory Area 2C:
    (a) The total allocation, including estimated harvest and discard 
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 Pacific 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 Pacific 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.
    (3) For guided sport fishing (as referred to in 50 CFR 300.65) in 
IPHC Regulatory Area 3A:
    (a) The total allocation, including estimated harvest and discard 
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 Pacific halibut per 
calendar day.
    (c) At least one of the retained Pacific 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. If a person 
sport fishing on a charter vessel in IPHC Regulatory Area 3A retains 
only one Pacific halibut in a calendar day, that Pacific 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 Pacific 
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 Pacific halibut from that vessel. For 
purposes of this trip limit, a charter vessel fishing trip ends at 2359 
(Alaska local time) on the same calendar day that the fishing trip 
began, or when any anglers or Pacific halibut are offloaded, whichever 
comes first.
    (e) A charter vessel on which one or more anglers catch and retain 
Pacific halibut may only make one charter vessel fishing trip 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 Pacific 
halibut from that vessel. For purposes of this trip limit, a charter 
vessel fishing trip ends at 2359 (Alaska local time) on the same 
calendar day that the fishing trip began, or when any anglers or 
Pacific halibut are offloaded, whichever comes first.
    (f) No person on board a charter vessel may catch and retain 
Pacific halibut on any Wednesday, or on the following Tuesdays: 17 
July, 24 July, and 31 July.
    (g) Charter vessel anglers may catch and retain no more than four 
(4) Pacific halibut per calendar year on board charter vessels in IPHC 
Regulatory Area 3A. Pacific 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 Pacific 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 ADFG 
offices, the ADFG website, or fishing license vendors; and
    (2) immediately upon retaining a Pacific halibut for which an 
annual limit has been established, record the date, location (IPHC 
Regulatory Area 3A), and species of the catch (Pacific 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 Pacific 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 
Pacific halibut.

30. 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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[[Page 10405]]

[GRAPHIC] [TIFF OMITTED] TN09MR18.006

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[[Page 10406]]

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(b) 
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). As stated above, the Secretary of State has no 
discretion to modify the recommendations of the IPHC. 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. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.

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

    Dated: March 6, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-04818 Filed 3-8-18; 8:45 am]
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