[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Rules and Regulations]
[Pages 14066-14081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04598]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230301-0060]
RIN 0648-BM04


Pacific Halibut Fisheries; Catch Sharing Plan; 2023 Annual 
Management Measures

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, on behalf of the International Pacific 
Halibut Commission (IPHC), publishes as regulations the 2023 annual 
management measures governing the Pacific halibut fishery that have 
been recommended by the IPHC and accepted by the Secretary of State, 
with the concurrence of the Secretary of Commerce. These measures are 
intended to enhance the conservation of Pacific halibut and further the 
goals and objectives of the Pacific Fishery Management Council (PFMC) 
and the North Pacific Fishery Management Council (NPMFC).

DATES: The IPHC's 2023 annual management measures became effective 
February 28, 2023. The 2023 management measures are effective until 
superseded.

ADDRESSES: Additional requests for information regarding this action 
may be obtained by contacting the International Pacific Halibut 
Commission, 2320 W Commodore Way, Suite 300, Seattle, WA 98199-1287; or 
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802; or Sustainable Fisheries Division, NMFS West Coast 
Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232. 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-2022-0085.

FOR FURTHER INFORMATION CONTACT: For Convention waters off Alaska, 
Mason Smith, 907-586-7228; or, for Convention waters off the U.S. West 
Coast, Katie Davis, 562-980-4050.

SUPPLEMENTARY INFORMATION: 

Background

    The IPHC has recommended regulations that would govern the Pacific 
halibut fishery in 2023, pursuant to the Convention between Canada and 
the United States for the Preservation of the Halibut Fishery of the 
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, 
Ontario, on March 2, 1953, as amended by a Protocol Amending the 
Convention (signed at Washington, DC, on March 29, 1979).
    As provided by the Northern Pacific Halibut Act of 1982 (Halibut 
Act), 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. 
16 U.S.C. 773b. The Secretary of State, with the concurrence of the 
Secretary of Commerce, accepted the 2023 IPHC regulations on February 
28, 2023.
    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 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.
    The IPHC apportions catch limits for the Pacific halibut fishery 
among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and 
California), Area 2B (British Columbia), Area 2C (Southeast Alaska), 
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and 
Area 4 (which is further divided into 5 areas, 4A through 4E, in the 
Bering Sea and Aleutian Islands of Western Alaska).
    Subsistence and sport halibut fishery regulations for Alaska are 
codified at 50 CFR part 300. Commercial halibut fisheries off Alaska 
are subject to regulations resulting from the Individual Fishing Quota 
(IFQ) Program, the Community Development Quota (CDQ) Program (50 CFR 
part 679), and the area-specific catch sharing plans (CSPs) for Areas 
2C, 3A, and Areas 4C, 4D, and 4E, respectively.
    The NPFMC implemented a CSP among commercial IFQ and CDQ halibut 
fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (Area 4, Western 
Alaska) through rulemaking, and the Secretary of Commerce approved the 
plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations are 
codified at 50 CFR 300.65. New annual regulations pertaining to the 
Area 4 CSP also may be implemented through IPHC action, subject to 
acceptance by the Secretary of State, with the concurrence of the 
Secretary of Commerce.
    The NPFMC recommended and NMFS implemented through rulemaking a CSP 
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC 
Regulatory Areas 2C and 3A on January 13, 2014 (78 FR 75844, December 
12, 2013). The Area 2C and 3A CSP regulations are codified at 50 CFR 
300.65. The CSP defines an annual process for allocating halibut 
between the commercial and charter fisheries so that each sector's 
allocation varies in proportion to halibut abundance, specifies a 
public process for setting annual management measures, and authorizes 
limited annual leases of commercial IFQ for use in the charter fishery 
as guided angler fish (GAF).
    The IPHC held its annual meeting in Victoria, British Columbia, 
Canada, from January 23 through 27, 2023 and recommended a number of 
changes to the previous IPHC regulations (87 FR 12604, March 7, 2022). 
On February 28, 2023, the Secretary of State, with the concurrence of 
the Secretary of Commerce, accepted the annual management measures, 
including the following changes to Section 5, Section 9, Section 27, 
Section 28, and other Sections of the 2023 IPHC regulations:
    1. New halibut catch limits in all regulatory areas. The catch 
limits are presented in two tables in Section 5 that distinguish 
between limits resulting from Commission decisions and limits that 
result from domestic catch sharing plans that have been developed by 
the respective United States and Canada governments;
    2. New start date of March 10 in Section 9;
    3. New management measures for Area 2C and Area 3A guided sport 
fisheries in Section 28;
    4. New flexibility for limited on-board consumption of sport-caught 
halibut in Section 28;
    5. Revisions to permitting requirements and management measures for 
Area 2A non-tribal commercial and recreational charter vessels in 
Section 13;

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    6. A new reference to the Pacific Coast Groundfish non-trawl 
logbook provided by NOAA Fisheries, which is added to the list of 
logbooks that can fulfill IPHC log requirements in Area 2A;
    7. New management measures in Section 27 concerning the daily two-
fish bag limit in Area 2B that allow Canada to increase that daily 
limit to three fish on or after August 1 each year through 2025; and
    8. Minor technical corrections to improve consistency and clarity 
throughout the IPHC regulations, to include renumbering the regulations 
beginning with Section 13 and higher.
    Pursuant to regulations at 50 CFR 300.62, the 2023 IPHC annual 
management measures are published in the Federal Register in this 
action to provide notice of their regulatory effectiveness and to 
inform persons subject to the regulations of their restrictions and 
requirements. Because the regulations published in this action are 
applicable to the entire Convention area, these regulations include 
some provisions relating to and affecting Canadian fishing and 
fisheries. In separate actions, NMFS may implement more restrictive 
regulations for the U.S. halibut fishery or components of it; 
therefore, anglers are advised to check the current Federal and IPHC 
regulations prior to fishing.

Catch Limits

    The IPHC recommended to the governments of Canada and the United 
States fishery catch limits for 2023 totaling 29,840,000 lb (13,535 
mt). The IPHC refers to catch limits as Fishery Constant Exploitation 
Yield (FCEY), which is derived from Total Constant Exploitation Yield 
(TCEY) by directed fisheries that are specified in IPHC regulations and 
are subject to area-specific catch agreements among the domestic 
parties. Coastwide, the 2023 FCEY decreased 10.1 percent from the FCEY 
implemented in 2022. Except for Area 2A, which increased by 
approximately 2 percent, the FCEY in each regulatory area decreased 
relative to the 2022 catch limit. A description of the process the IPHC 
used to set these catch limits follows.
    For the upcoming 2023 halibut fishing year, the IPHC conducted its 
annual stock assessment using a range of updated data sources as 
described in detail in the IPHC overview of data sources for the 
Pacific halibut stock assessment, harvest policy, and related analyses 
(IPHC-2023-AM099-11; available at www.iphc.int). To evaluate the 
Pacific halibut stock, the IPHC uses an ``ensemble'' of four equally 
weighted models: two long time-series models incorporating data from 
1888 to the present and two short time-series models incorporating data 
from 1992 to the present. For each time-series, the two models include 
data that are either divided by four geographical regions or aggregated 
into coastwide summaries. These models incorporate data through 2022 
from the IPHC Fishery Independent Setline Survey (FISS); the commercial 
halibut fishery; the NMFS Eastern Bering Sea trawl survey; length and 
weight-at-age and male/female sex ratio estimates by region in the 
directed commercial fisheries and in the FISS; and age distribution 
information for bycatch, sport, and sublegal discard removals. The most 
important change in the 2022 stock assessment was a new estimation of 
natural mortality in the regional short time-series model, which 
resulted in more optimistic stock projections due to the increase in 
estimated productivity in the stock.
    The results of the ensemble models are integrated and incorporate 
uncertainty in natural mortality rates, environmental effects on 
recruitment, and other structural and parameter categories, consistent 
with practices in place since 2012. The data and assessment models used 
by the IPHC are reviewed by the IPHC's Scientific Review Board, 
comprised of non-IPHC scientists who provide an independent scientific 
review of the data and stock assessment to provide recommendations to 
IPHC staff and the Commissioners. The Scientific Review Board did not 
identify any substantive errors in the data or methods used in the 2023 
stock assessment. NMFS believes the IPHC's data and assessments models 
constitute the best available science on the status of the Pacific 
halibut resource.
    The IPHC's data, including the FISS, indicate that the Pacific 
halibut stock declined continuously from the late 1990s to around 2012, 
largely as a result of decreasing size at a given age (size-at-age), 
higher harvest rates in the early 2000s, and weaker recruitment than 
observed during the 1980s. From about 2013 to 2016, there was a slight 
increasing trend in the spawning biomass, followed by a slight decline 
continuing into the current assessment, where the spawning biomass 
appears to have stabilized. Overall, the spawning biomass is estimated 
to be approximately 192,000,000 lb (87,100 mt) at the beginning of 
2023. The spawning biomass stock is currently estimated to be at 42 
percent of its unfished state, near the lowest observed since the 
1970s. This estimate reflects updated calculations recommended during 
stock assessment external review and review by the Scientific Review 
Board, as well as developments in the IPHC Management Strategy 
Evaluation.
    The IPHC accounts for the total mortality of halibut from all 
sources, and employs a management procedure that establishes a 
coastwide reference level of fishing intensity so that the Spawning 
Potential Ratio (SPR) is equal to 43 percent. The reference fishing 
intensity of F43 percent SPR would allow a level of fishing intensity 
that is expected to result in approximately 43 percent of the spawning 
biomass per recruit compared to an unfished stock (i.e., no fishing 
mortality). Lower F values would be expected to result in higher 
fishing intensity.
    The IPHC harvest decision table (Table 3 in IPHC-2023-AM099-11; 
available at www.iphc.int) provides a comparison of the relative risk 
of a decrease in stock biomass, stock status, or fishery metrics for a 
range of fishing intensities for 2023. The harvest decision table 
employs two metrics of fishing mortality: (1) the TCEY, which includes 
harvests and incidental discard mortality from directed commercial 
fisheries; mortality estimates from sport, subsistence, and personal 
use; and estimates of non-directed discard mortality of halibut over 26 
inches (66.0 cm) (O26); and (2) Total Mortality, which includes all the 
above sources of mortality, plus estimates of non-directed discard 
mortality of halibut less than 26 inches (66.0 cm) (U26). Although U26 
halibut mortality is factored into the stock assessment and harvest 
strategy calculations, there is currently no reliable tool for 
describing the annual coastwide distribution of U26 halibut.
    For 2023, the IPHC adopted a TCEY totaling 36,970,000 lb (16,769 
mt) coastwide. This corresponds to a fishing intensity of approximately 
F53 percent, which is more conservative than the F43 percent target 
level of fishing intensity used to establish the TCEY for 2022. The 
2023 TCEY is 4,250,000 lb (1,928 mt), or 10.3%, less than the TCEY 
adopted in 2022.
    In making its recommendation, the IPHC considered likely stock 
status and uncertainties, as well as the significant social and 
economic impacts of catch limits among areas. The IPHC noted that a 
recent change in the treatment of the natural mortality rate, from the 
previously assumed value of 0.15 to an estimated value of to 0.21 in 
the short regional model, and its effect on the full ensemble, resulted 
in more optimistic projections due to the increase in the estimated 
productivity of the stock. The IPHC noted that despite the optimistic 
predictions for the long-term status of the stock, the near term 
fishery will rely heavily on a single (2012) year class and

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that the FISS and commercial fishery catch rates were currently at 
their lowest rates in 30 years.
    At a 36,970,000 lb (16,769 mt) TCEY, the IPHC estimated a 
relatively low probability that the spawning biomass will decrease from 
2024 to 2026 relative to 2023. Specifically, the IPHC estimated a 38% 
probability of stock decline through 2024, and a 36% probability of 
stock decline through 2026. The IPHC noted that if the recent reference 
level of fishing intensity continued, the probability of a spawning 
biomass decline was 75 percent by 2024 and 71 percent by 2026. The 
factors that the IPHC considered in making their TCEY recommendations 
are described in the 2023 Annual Meeting Report (IPHC-2023-AM099-R; 
available at www.iphc.int), and the key recommendations are briefly 
summarized here.
    This final rule does not establish the combined commercial and 
recreational catch limit for Area 2B (British Columbia), which is 
subject to rulemaking by the Canada and British Columbia governments. 
However, the IPHC's recommendation for the Area 2B catch limit is 
directly related to the current and future U.S. catch limits 
established by this final rule and is therefore discussed herein. The 
IPHC recommended a 2023 TCEY of 6,780,000 (3,075 mt) for Area 2B, which 
equates to 18.3 percent of the total coastwide TCEY and is a 10.3 
percent reduction from 2022. The IPHC made this recommendation after 
considering recent historic harvests in Area 2B, the equal 10.3 percent 
reduction recommended for the total U.S. areas, and similar factors 
associated with the stock conditions, commercial fishery and FISS 
performance, and stock assessment results described above in the 2023 
Annual Meeting Report (IPHC-2023-AM099-R; available at www.iphc.int). 
The IPHC additionally adopted new regulations in Section 27 to allow a 
daily bag limit of up to three fish per day in Area 2B beginning on or 
after August 1 each year until 2025. Although a change from the 
historical two-fish bag limit that existed prior to 2022, this change 
had no impact on the TCEY allocations between the U.S. and Canada.
    The IPHC adopted an allocation to Area 2A that would provide a TCEY 
of 1,650,000 lb (748 mt) with a combined commercial, tribal, and 
recreational catch limit of 1,520,000 (689 mt). The IPHC noted that the 
United States Government recognizes its trust responsibility to the 13 
treaty tribes in IPHC Regulatory Area 2A that depend upon Pacific 
halibut. As such, the U.S. Commissioners have consistently supported a 
TCEY of 1,650,000 lb for Regulatory Area 2A since 2019. This allocation 
reflects the needs of West Coast Pacific halibut users, with minimal 
impact on the larger Pacific halibut biomass that is distributed to the 
north, and it remains a small fraction of the IPHC Region 2 allocation. 
Stock assessment scientists at the IPHC Secretariat have affirmed that 
under the current status of the Pacific halibut stock, a higher TCEY 
for Regulatory Area 2A than what may be indicated by the modeled stock 
distribution will not create a conservation concern.
    After the allocations for Areas 2A and 2B are accounted for, the 
IPHC apportioned the remaining TCEY to the Alaska regulatory areas 
(Areas 2C through Area 4) after considering the distribution of 
harvestable biomass of halibut based on the FISS, as well as 2022 
harvest rates, the recommendations from the IPHC's advisory boards, 
public input, and social and economic factors. All U.S. areas 
maintained or decreased in TCEY relative to 2022 (see Table 1). The 
largest decreases were in Areas 4A (-17.6 percent) and 3A (-17 
percent), while Areas 2C, 3B, 4B, and 2B received decreases ranging 
from -1 to -10.3 percent relative to 2022. As noted above, Area 2A 
received the same TCEY in 2023 as it did in 2022. The IPHC determined 
that the 2023 catch limit recommendations are consistent with its 
conservation objectives for the halibut stock and its management 
objectives for the halibut fisheries.
    The IPHC also considered the Catch Sharing Plan for Area 4CDE 
developed by the NPFMC in its catch limit recommendation. The Area 4CDE 
catch limit is determined by subtracting estimates of the Area 4CDE 
subsistence harvests, commercial discard mortality, and non-directed 
discard mortality of halibut over 26 inches (66.0 cm) from the area 
TCEY. When the resulting Area 4CDE catch limit is greater than 
1,657,600 lb (751.87 mt), a direct allocation of 80,000 lb (36.29 mt) 
is made to Area 4E to provide CDQ fishermen in that area with 
additional harvesting opportunity. After this 80,000 lb (36.29 mt) 
allocation is deducted from the catch limit, the remainder is divided 
among Areas 4C, 4D, and 4E according to the percentages specified in 
the CSP. Those percentages are 46.43 percent each to 4C and 4D and 7.14 
percent to 4E. For 2023, the IPHC recommended a catch limit for Area 
4CDE of 2,020,000 (916 mt).

           Table 1--Percent Change in TCEY Mortality Limits From 2022 to 2023 by IPHC Regulatory Area
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                                               2022 Total mortality       2023 Total mortality      Change from
              Regulatory area                       limit (lb)                 limit (lb)         2022 (percent)
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2A........................................         1,650,000 (748 mt)         1,650,000 (748 mt)             0.0
2B........................................       7,560,000 (3,429 mt)       6,780,000 (3,075 mt)           -10.3
2C........................................       5,910,000 (2,681 mt)       5,850,000 (2,654 mt)            -1.0
3A........................................      14,550,000 (6,600 mt)      12,080,000 (5,479 mt)           -17.0
3B........................................       3,900,000 (1,769 mt)       3,670,000 (1,665 mt)            -5.9
4A........................................         2,100,000 (953 mt)         1,730,000 (785 mt)           -17.6
4B........................................         1,450,000 (658 mt)         1,360,000 (617 mt)            -6.2
4CDE......................................       4,100,000 (1,860 mt)       3,850,000 (1,746 mt)            -6.1
Coastwide.................................     41,220,000 (18,697 mt)     36,970,000 (16,769 mt)           -10.3
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Commercial Halibut Fishery Opening and Closing Dates

    The IPHC considers advice from the IPHC's two advisory boards, as 
well as direct testimony from the public, when selecting opening and 
closing dates for the commercial halibut fishery. The 2023 commercial 
halibut fishery opening date for all IPHC regulatory areas is March 10, 
2023. The closing date for the commercial halibut fisheries in all IPHC 
regulatory areas is December 7, 2023. These commercial season dates are 
a slight change from the season dates adopted by the IPHC in 2022. The 
season opening of March 10 is more similar to the mid-March opening 
common in the years prior to 2021,

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while the closing date of December 7 is consistent with the closing 
date in 2021 and 2022, representing an extension of time beyond the 
mid-November closing common in the years prior to 2021. The extended 
season maintains harvesting and market flexibility that stakeholders 
have identified as important during the current period of uncertainty. 
The season dates allow for 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 2023 
commercial catch data for use in the stock assessment process. The IPHC 
also considered the time required for the administrative tasks that are 
linked to halibut regulations developed independently by the domestic 
partners when establishing these season dates.

Area 2A Catch Sharing Plan

    The NMFS West Coast Region will publish a proposed rule, with 
public comments accepted for 15 days, to approve the Pacific halibut 
CSP for Area 2A off Washington, Oregon, and California and implement 
annual management measures for Area 2A as recommended by the PFMC in 
the CSP. These annual management measures include sport fishery 
allocations and management measures for Area 2A that are not 
implemented through the IPHC. NMFS will address any comments received 
in a final rule. Effective January 4, 2023, NMFS published a final rule 
(87 FR 74322, December 5, 2022) to transfer the issuance of Area 2A 
commercial and recreational charter vessel permits from the IPHC to 
NMFS. The rule also established a regulatory framework for the Area 2A 
Pacific halibut directed commercial fishery that, consistent with the 
allocations and coastwide season dates set by the IPHC, allows NMFS to 
annually determine dates and times the fishery is open and set harvest 
limits for those periods of time. NMFS will publish in the Federal 
Register such fishing dates and harvest limits prior to the start of 
the commercial fishing season. Once published, the proposed and final 
rules for Area 2A will be available on the NMFS West Coast Region's 
website at https://www.fisheries.noaa.gov/west-coast/commercial-fishing/pacific-halibut-fishing-west-coast and also at 
www.regulations.gov.

Catch Sharing Plan for Area 2C and Area 3A

    In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP 
defines an annual process for allocating halibut between the charter 
and commercial fisheries in Area 2C and Area 3A and establishes 
allocations for each fishery. Under the CSP, the IPHC adopted combined 
catch limits (CCLs) for the charter and commercial halibut fisheries in 
Area 2C and Area 3A. Each CCL includes estimates of discard mortality 
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 allocations are located in Tables 1 through 4 of 
subpart E of 50 CFR part 300. To allow additional 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. GAF 
regulations for the CSP are at 50 CFR 300.65.
    At its January 2023 meeting, the IPHC adopted a CCL of 4,360,000 
(1,978 mt) for Area 2C. Following the CSP allocations in Tables 1 and 3 
of subpart E of 50 CFR part 300, the charter fishery is allocated 
800,000 (363 mt) of the CCL, and the remainder of the CCL, 3,560,000 lb 
(1,615 mt), is allocated to the commercial fishery. Discard mortality 
in the amount of 150,000 lb (68 mt) was deducted from the commercial 
allocation to obtain the commercial catch limit of 3,410,000 lb (1,547 
mt). The commercial allocation (including discard mortality) decreased 
by 90,000 lb (40.8 mt), or 2.5 percent, from the 2022 allocation of 
3,650,000 lb (1,656 mt). The 2023 Area 2C charter allocation of 800,000 
lb (363 mt) is 20,000 lb (9.1 mt), or 2.5 percent less than the 2022 
charter sector allocation of 820,000 lb (372 mt).
    The IPHC adopted a CCL of 10,310,000 lb (4,676.5 mt) for Area 3A. 
Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR 
part 300, the charter fishery is allocated 1,890,000 lb (857 mt) of the 
CCL and the remainder of the CCL, 8,420,000 lb (3,819 mt), is allocated 
to the commercial fishery. Discard mortality in the amount of 580,000 
lb (263 mt) was deducted from the commercial allocation to obtain the 
commercial catch limit of 7,840,000 lb (3,556 mt). The commercial 
allocation (including discard mortality) decreased by 1,540,000 lb 
(698.5 mt), or 16.8 percent, from the 2022 allocation of 9,960,000 lb 
(4,518 mt). The charter allocation decreased by 220,000 lb (100 mt), or 
11.3 percent, from the 2022 allocation of 2,110,000 lb (957 mt).

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

    Guided (charter) recreational halibut anglers are managed under 
different regulations than unguided recreational halibut anglers in 
Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR 
300.61, a charter vessel angler means a person, paying or non-paying, 
receiving sport fishing guide services for halibut. Sport fishing guide 
services means assistance, for compensation or with the intent to 
receive compensation, to a person who is sport fishing, to take or 
attempt to take halibut by accompanying or physically directing the 
sport fisherman in sport fishing activities during any part of a 
charter vessel fishing trip. A charter vessel fishing trip is the time 
period between the first deployment of fishing gear into the water from 
a charter vessel by a charter vessel angler and the offloading of one 
or more charter vessel anglers or any halibut from that vessel. The 
charter fishery regulations described below apply only to charter 
vessel anglers receiving sport fishing guide services during a charter 
vessel fishing trip for halibut in Area 2C or Area 3A. These 
regulations do not apply to unguided recreational anglers in any 
regulatory area in Alaska, or guided anglers in areas other than Areas 
2C and 3A.
    To provide recommendations for annual management measures intended 
to limit charter harvest to the charter catch allocation, the NPFMC 
formed the Charter Halibut Management Committee (Committee) as a 
stakeholder advisory body. The Committee is composed of representatives 
from the charter fishing industry in Areas 2C and 3A who provide input 
on the preferred range of charter management measures each year. In 
October 2022, the Committee began their annual process by requesting 
analysis of management measures that would result in charter halibut 
removals within the range of expected allocations for each area. In 
addition, this annual analysis, which is prepared by the Alaska 
Department of Fish Game (ADFG), includes information about charter 
harvests in the prior year. The Analysis of Management Options for the 
Area 2C and 3A Charter Halibut Fisheries for 2023 (charter halibut 
analysis) is available at https://www.npfmc.org/.
    After reviewing the charter halibut analysis, the Committee made 
conservative recommendations for preferred management measures to the 
NPFMC for 2023. These recommendations were intended to provide 
equitable harvest opportunity

[[Page 14070]]

across charter business arrangements and maintain total charter 
harvests within the 2023 allocations for both Areas 2C and 3A. The 
NPFMC considered the charter halibut analysis, the recommendations of 
the Committee, and public testimony to develop its recommendation to 
the IPHC. 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 the charter halibut harvest to 
the charter catch allocation. The IPHC's adopted recommendations are 
consistent with the recommendations of the NPFMC and the Committee. The 
IPHC determined that limiting charter harvests by implementing the 
management measures discussed below would meet conservation and 
allocation objectives.

Management Measures for Charter Vessel Fishing in Area 2C

    For 2023 in Area 2C, the IPHC adopted the continuation of a one-
fish daily bag limit with a reverse slot limit that prohibits a person 
on board a charter vessel referred to in 50 CFR 300.65 and fishing in 
Area 2C from taking or possessing any halibut, with head on, that is 
greater than 40 inches (101.6 cm) and less than 80 inches (203.2 cm). 
To meet the 2023 allocation, the IPHC additionally adopted a closure of 
all Mondays from July 24 to December 31, 2023. The NPFMC and IPHC 
considered information on charter removals in 2022, and previous years' 
projections of charter harvest, and charter allocations. The charter 
halibut size limits referenced in this document are 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. 
These measures are projected to yield 796,000 lb (361 mt) of charter 
removals, which is 4,000 lb (1.8 mt) and 0.5 percent below the Area 2C 
charter allocation. Reverse slot limits have proven an effective tool 
to limit the number and pounds of retained halibut. With the exception 
of the aforementioned Monday closures after July 24, these measures are 
consistent with the bag limit and reverse slot limit implemented for 
Area 2C in 2022.

Management Measures for Charter Vessel Fishing in Area 3A

    For 2023, the IPHC adopted the following management measures for 
Area 3A: (1) a two-fish daily bag limit with a 28-inch (71.1 cm) 
maximum size limit on one of the halibut; (2) a one-trip per day limit 
for charter vessels and for charter halibut permits for the entire 
season; (3) prohibition on halibut retention by charter vessel anglers 
on all Wednesdays; and, (4) prohibition on halibut retention by charter 
vessel anglers on the following Tuesdays: June 20, June 27, July 4, 
July 11, July 18, July 25, August 1, August 8, August 15. The projected 
charter harvest for 2023 under this combination of recommended measures 
is 1,871,000 lb (848.7 mt), which is 19,000 lb (8.6 mt) and 1.0 percent 
below the charter allocation. Each of these management measures is 
described in the following section.
    These management measures are more conservative than the primary 
management measures for Area 3A in 2022. The NPFMC and IPHC considered 
information on charter removals in 2022 and for previous years, the 
projections of charter harvest, and the charter allocation. With this 
information, the NPFMC and IPHC determined that more restrictive 
management measures in Area 3A, relative to the 2022 measures, were 
appropriate to limit charter removals to the 2023 allocation.

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

    The 2022 charter halibut fishery in Area 3A will be managed under a 
two-fish daily bag limit in which one of the retained halibut may be of 
any size and one of the retained halibut must be 28 inches (71.1 cm) or 
less. The 28 inch (71.1 cm) second fish maximum size limit was 
previously in effect from 2016 through 2019, and 2022, in Area 3A.

Trip Limit for Charter Vessels Harvesting Halibut in Area 3A

    Charter halibut permits and charter vessels in 2023 are authorized 
for use to catch and retain halibut on one charter halibut fishing trip 
per day in Area 3A. If no halibut are retained during a charter vessel 
fishing trip, the charter halibut permit and vessel may be used to take 
an additional trip to catch and retain halibut that day. These 
regulations have been in place each year since 2016 and have proven to 
be effective in controlling halibut harvests.
    For purposes of the trip limit in Area 3A in 2023, a charter vessel 
fishing trip will end when anglers or halibut are offloaded, or at the 
end of the calendar day, whichever occurs first. Charter operators are 
still able to conduct overnight trips and anglers may retain a bag 
limit of halibut on two calendar days, but operators are not allowed to 
begin another overnight trip until the day after the trip ends. GAF 
halibut are exempt from the trip limit. Therefore, GAF may be used to 
harvest halibut on a second trip in a day, but only if exclusively GAF 
halibut are harvested on that trip.

Day-of-Week Closures in Area 3A

    The NPFMC recommended and the IPHC adopted a closure on retaining 
halibut by charter vessel anglers on all Wednesdays and the following 
Tuesdays for Area 3A in 2023: June 20, June 27, July 4, July 11, July 
18, July 25, August 1, August 8, August 15. Retention of GAF halibut is 
allowed on charter vessels on closed days, but all other halibut that 
are caught while fishing on a charter vessel must be released. The day 
of week closures effectively decrease the charter halibut harvest to 
help stay within the allocation.

Other Regulatory Amendments

Limited On-Board Consumption

    The IPHC adopted a new regulation in Section 28 to allow limited 
on-board consumption of halibut for recreational anglers in Alaska 
Regulatory Areas. This regulation adds flexibility to the existing 
recreational Pacific halibut fishing regulations, while retaining 
existing regulations that provide effective enforcement of daily bag 
limits and possession limits. Existing regulations allow recreationally 
caught halibut on charter vessels and pleasure craft to be cut into no 
more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces. Under 
the new regulations, either one dorsal piece or one ventral piece from 
one halibut on board the vessel may be consumed.

Logbook Requirements

    The IPHC adopted a regulation revising the list of logbooks in 
Section 19(1) of IPHC regulations to include a new Pacific Coast 
Groundfish non-trawl logbook provided by NOAA Fisheries (87 FR 74328, 
December 5, 2022) to the list that can fulfill the IPHC log 
requirements in Area 2A.

International Pacific Halibut Commission Fishery Regulations 2023 
(Annual Management Measures)

    The following annual management measures for the 2023 Pacific 
halibut fishery are those recommended by the IPHC and accepted by the 
Secretary of State, with the concurrence of the Secretary of Commerce.

[[Page 14071]]

1. Short Title

    These Regulations may be cited as the International Pacific Halibut 
Commission (IPHC) Fishery Regulations (2023).

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 8 and 29 apply generally to all Pacific halibut 
fishing.
    (3) Sections 9 to 22 apply to commercial fishing for Pacific 
halibut.
    (4) Section 23 applies to Indigenous fisheries in British Columbia.
    (5) Section 24 applies to customary and traditional fishing in 
Alaska.
    (6) Sections 25 to 28 apply to recreational (also called sport) 
fishing for Pacific halibut.
    (7) 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 (NOAA Fisheries), 
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 of America, an authorized representative of the 
Commission, or a designated fish processor;
    (c) ``authorized representative of the Commission'' means any IPHC 
employee or contractor authorized to perform any task described in 
these Regulations.
    (d) ``charter vessel'' outside of Alaska waters means a vessel used 
for hire in recreational (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 recreational (sport) fishing 
guide services for Pacific halibut;
    (e) ``commercial fishing'' means fishing, the resulting catch of 
which is sold or bartered; or is intended to be sold or bartered, other 
than (i) recreational (sport) fishing; (ii) treaty Indian ceremonial 
and subsistence fishing as referred to in Section 23; (iii) Indigenous 
groups fishing in British Columbia as referred to in Section 24; and 
(iv) customary and traditional fishing as referred to in Section 25 and 
defined by and regulated pursuant to NOAA Fisheries regulations 
published at 50 CFR part 300;
    (f) ``Commission'' or ``IPHC'' means the International Pacific 
Halibut Commission;
    (g) ``daily bag limit'' means the maximum number of Pacific halibut 
a person may take in any calendar day from Convention waters;
    (h) ``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;
    (i) ``fishing period limit'' means the maximum amount of Pacific 
halibut that may be retained and landed by a vessel during one fishing 
period;
    (j) ``land'' or ``offload'' with respect to Pacific halibut, means 
the removal of Pacific halibut from the catching vessel;
    (k) ``permit'' means a Pacific halibut fishing license issued by 
NOAA Fisheries;
    (l) ``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;
    (m) ``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;
    (n) ``operator,'' with respect to any vessel, means the owner and/
or the master or other individual on board and in charge of that 
vessel;
    (o) ``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);
    (p) ``person'' includes an individual, corporation, firm, or 
association;
    (q) ``regulatory area'' means an IPHC Regulatory Area referred to 
in Section 4;
    (r) ``setline gear'' means one or more stationary, buoyed, and 
anchored lines with hooks attached;
    (s) ``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) Indigenous 
groups fishing in British Columbia as referred to in Section 24; and 
(iv) customary and traditional fishing as referred to in Section 25 and 
defined in and regulated pursuant to NOAA Fisheries regulations 
published in 50 CFR part 300;
    (t) ``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;
    (u) ``total constant exploitation yield (TCEY)'' means the 
mortality comprised of Pacific halibut from directed fisheries and that 
from non-directed fisheries greater than 26 inches (66 cm) in length;
    (v) ``VMS transmitter'' means a NOAA Fisheries-approved vessel 
monitoring system transmitter that automatically determines a vessel's 
position and transmits it to a NOAA Fisheries-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 
NOAA Fisheries-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. IPHC Regulatory Areas

    The following areas within the IPHC Convention waters shall be 
defined as IPHC Regulatory Areas for the purposes of the Convention 
(see Figure 1):
    (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;

[[Page 14072]]

    (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) IPHC Regulatory 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.

5. Mortality and Fishery Limits

    (1) The Commission has adopted the following distributed mortality 
(TCEY) limits:

------------------------------------------------------------------------
                                           Distributed mortality limits
                                                (TCEY) (net weight)
          IPHC regulatory area           -------------------------------
                                                          Million pounds
                                            Tonnes (t)         (Mlb)
------------------------------------------------------------------------
Area 2A (California, Oregon, and                     748            1.65
 Washington)............................
Area 2B (British Columbia)..............           3,075            6.78
Area 2C (southeastern Alaska)...........           2,654            5.85
Area 3A (central Gulf of Alaska)........           5,479           12.08
Area 3B (western Gulf of Alaska)........           1,665            3.67
Area 4A (eastern Aleutians).............             785            1.73
Area 4B (central and western Aleutians).             617            1.36
Areas 4CDE (Bering Sea).................           1,746            3.85
                                         -------------------------------
    Total...............................          16,769           36.97
------------------------------------------------------------------------

    (2) The fishery limits resulting from the IPHC-adopted distributed 
mortality (TCEY) limits and the existing Contracting Party catch 
sharing arrangements are as follows, recognizing that each Contracting 
Party may implement more restrictive limits:

------------------------------------------------------------------------
                                            Fishery limits (net weight)
                                         -------------------------------
          IPHC regulatory area                            Million pounds
                                            Tonnes (t)        (Mlb) *
------------------------------------------------------------------------
Area 2A (California, Oregon, and                     689            1.52
 Washington)............................
    Non-treaty directed commercial                   117        *257,819
     (south of Pt. Chehalis)............
    Non-treaty incidental catch in                    21         *45,497
     salmon troll fishery...............
    Non-treaty incidental catch in                    32         *70,000
     sablefish fishery (north of Pt.
     Chehalis)..........................
    Treaty Indian commercial............             228        *502,500
    Treaty Indian ceremonial and                      13         *29,500
     subsistence (year-round)...........
    Recreational--Washington............             128        *281,728
    Recreational--Oregon................             133        *293,436
    Recreational--California............              18         *39,520
Area 2B (British Columbia) (combined               2,685            5.92
 commercial and recreational)...........
    Commercial fishery..................           2,282            5.03
    Recreational fishery................             404            0.89
Area 2C (southeastern Alaska) (combined            1,978            4.36
 commercial and guided recreational)....
    Commercial fishery (includes 3.41              1,615            3.56
     Mlb landings and 0.15 Mlb discard
     mortality).........................
    Guided recreational fishery                      363            0.80
     (includes landings and discard
     mortality).........................
Area 3A (central Gulf of Alaska)                   4,677           10.31
 (combined commercial and guided
 recreational)..........................
    Commercial fishery (includes 7.84              3,819            8.42
     Mlb landings and 0.58 Mlb discard
     mortality).........................
    Guided recreational fishery                      857            1.89
     (includes landings and discard
     mortality).........................
Area 3B (western Gulf of Alaska)........           1,402            3.09
Area 4A (eastern Aleutians).............             640            1.41
Area 4B (central and western Aleutians).             553            1.22
Areas 4CDE..............................             916            2.02
    Area 4C (Pribilof Islands)..........             408            0.90
    Area 4D (northwestern Bering Sea)...             408            0.90
    Area 4E (Bering Sea flats)..........             100            0.22
                                         -------------------------------
        Total...........................          13,535           29.84
------------------------------------------------------------------------
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share
  Plan are listed in pounds.


[[Page 14073]]

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 fishery limit established 
preseason for each IPHC Regulatory Area;
    (b) is consistent with the Convention between Canada and the United 
States of America for the Preservation of the Halibut Fishery of the 
Northern Pacific Ocean and Bering Sea, and applicable domestic law of 
either Canada or the United States 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 governments of Canada or the United States of America.
    (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 (sport) 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 of America treaty Indian, and Provincial 
fishery officials; and the media.

7. 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 applicable size limit of the Pacific 
halibut is met and, if not legal-sized, is promptly returned to the sea 
with a minimum of injury.

8. 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 an authorized representative of the 
Commission or by an authorized officer.
    (2) After examination and removal of the tag by an authorized 
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 will 
not count against commercial fishing period limits, Individual Vessel 
Quota (IVQ), Individual Transferable Quota (ITQ), Community Development 
Quota (CDQ), or Individual Fishing Quota (IFQ), and are not subject to 
size limits in these regulations, but should still be recorded in the 
landing record.
    (4) Any Pacific halibut that bears a Commission external tag will 
not count against recreational (sport) daily bag limits or possession 
limits, may be retained outside of recreational (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 fishery 
limits in the fisheries described in Section 22(1)(c), Section 23, or 
Section 24.

9. Commercial Fishing Periods

    (1) The fishing periods for each IPHC Regulatory Area apply where 
the fishery limits specified in Section 5 have not been taken.
    (2) Unless the Commission specifies otherwise, commercial fishing 
for Pacific halibut in all IPHC Regulatory Areas may begin no earlier 
in the year than 1200 local time on 10 March.
    (3) All commercial fishing for Pacific halibut in all IPHC 
Regulatory Areas shall cease for the year at 1200 local time on 7 
December.
    (4) Regulations pertaining to the non-tribal directed commercial 
fishing \2\ periods in IPHC Regulatory Area 2A will be promulgated by 
NOAA Fisheries and published in the Federal Register. This fishery will 
occur between the dates and times listed in paragraphs (2) and (3) of 
this Section.
---------------------------------------------------------------------------

    \2\ The non-tribal directed commercial fishery is restricted to 
waters that are south of Point Chehalis, Washington, (46[deg]53.30' 
N latitude) under regulations promulgated by NOAA Fisheries and 
published in the Federal Register.
---------------------------------------------------------------------------

    (5) Notwithstanding paragraph (4) of this Section, an incidental 
catch fishery \3\ is authorized during the sablefish seasons in IPHC 
Regulatory Area 2A in accordance with regulations promulgated by NOAA 
Fisheries. This fishery will occur between the dates and times listed 
in paragraphs (2) and (3) of this Section.
---------------------------------------------------------------------------

    \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 NOAA Fisheries 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.
---------------------------------------------------------------------------

    (6) Notwithstanding paragraph (4) of this Section, an incidental 
catch fishery is authorized during salmon troll seasons in IPHC 
Regulatory Area 2A in accordance with regulations promulgated by NOAA 
Fisheries. This fishery will occur between the dates and times listed 
in paragraphs (2) and (3) of this Section.

10. Closed Area

    All waters in the Bering Sea north of 55[deg]00'00'' N latitude in 
Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(54[deg]36'00'' N latitude, 164[deg]55'42'' W longitude) to a point at 
56[deg]20'00'' N latitude, 168[deg]30'00'' W longitude; thence to a 
point at 58[deg]21'25'' N latitude, 163[deg]00'00'' W longitude; thence 
to Strogonof Point (56[deg]53'18'' N latitude, 158[deg]50'37'' W 
longitude); and then along the northern coasts of the Alaska Peninsula 
and Unimak Island to the point of origin at Cape Sarichef Light are 
closed to 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.

11. 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 IPHC Regulatory Area where 
the Pacific halibut was taken.
    (3) Subject to paragraphs (7), (8), (9), and (10) of Section 17, 
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

[[Page 14074]]

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 period after the 
operator notifies an authorized officer or an authorized 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 an authorized 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 an 
IPHC 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.

12. Application of Commercial Fishery Limits

    (1) Notwithstanding the fishery limits described in Section 5, 
regulations pertaining to the division of the IPHC Regulatory Area 2A 
fishery limit between the non-tribal directed commercial fishery and 
the incidental catch fishery as described in paragraphs (5) and (6) of 
Section 9 will be promulgated by NOAA Fisheries and published in the 
Federal Register.
    (2) Notwithstanding the fishery limits described in Section 5, the 
IPHC Regulatory Area 2A non-tribal directed commercial fishery will 
close when NOAA Fisheries determines and announces in the Federal 
Register that the fishery limit has been or is projected to be reached, 
or on the date when fishing must cease as specified in Section 9, 
whichever is earlier.
    (3) Notwithstanding the fishery limits described in Section 5, the 
commercial fishing in IPHC Regulatory Area 2B will close only when all 
Individual Vessel Quota (IVQ) and Individual Transferable Quota (ITQ) 
assigned by DFO are taken, or on the date when fishing must cease as 
specified in Section 9, whichever is earlier.
    (4) Notwithstanding the fishery limits described in Section 5, IPHC 
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close 
only when all Individual Fishing Quota (IFQ) and all Community 
Development Quota (CDQ) issued by NOAA Fisheries have been taken, or on 
the date when fishing must cease as specified in Section 9, whichever 
is earlier.
    (5) Notwithstanding the fishery limits described in Section 5, 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 fishery 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 fishery 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 fishery limit.
    (6) Notwithstanding the fishery limits described in Section 5, 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 fishery limits specified for IPHC Regulatory Areas 4C and 4D. 
The annual IPHC Regulatory Area 4C fishery 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 fishery limit.

13. Fishing in IPHC Regulatory Area 2A

    (1) No person shall fish for Pacific halibut from a vessel, nor 
land or retain Pacific halibut on board a vessel, used for commercial 
fishing in IPHC Regulatory Area 2A, unless issued a permit valid for 
fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50 
CFR 300 Subpart E.
    (2) It shall be unlawful for any vessel to retain more Pacific 
halibut than authorized by that vessel's permit in any fishing period 
for which a fishing period limit is announced by NOAA Fisheries in the 
Federal Register.
    (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 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.
    (4) 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.
    (5) The provisions of paragraph (4) 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.
    (6) Fishing period limits in IPHC Regulatory Area 2A will be 
promulgated by NOAA Fisheries and published in the Federal Register and 
apply only to the non-tribal directed commercial Pacific halibut 
fishery referred to in paragraph (4) of Section 9.

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

    (1) Section 14 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 Individual Fishing Quota 
(IFQ) received by transfer by a CDQ organization provided that the 
total annual Pacific 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 18, 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 paragraph (2) of 
this Section. 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.

15. 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

[[Page 14075]]

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 the authorized 
clearance personnel.
    (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 the authorized clearance personnel.
    (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 the authorized clearance personnel 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 the 
authorized clearance personnel.
    (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 
the authorized clearance personnel 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 the authorized 
clearance personnel. 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 16 for possessing Pacific halibut on board a vessel that was 
caught in more than one regulatory area in IPHC 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 the 
authorized clearance personnel. 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 the authorized clearance personnel. 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, 
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 10, is exempt from the clearance 
requirements of paragraph (1).
    (16) Any vessel that carries a NOAA Fisheries observer, a NOAA 
Fisheries electronic monitoring system, or 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 
IPHC Regulatory 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 NOAA Fisheries' 
observer or electronic monitoring regulations published at 50 CFR 
Subpart E, or 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.

16. 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 NOAA Fisheries 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.

17. Fishing Gear

    (1) No person shall fish for Pacific halibut using any gear other 
than hook and line gear,
    (a) except that a person may retain Pacific halibut taken with 
longline or single trap gear if such retention is authorized by DFO as 
defined by Pacific Fishery Regulations and Conditions of Licence; or
    (b) except that a person may retain Pacific halibut taken with 
longline or single pot gear if such retention is authorized by NOAA 
Fisheries 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 a person may possess Pacific halibut taken with 
longline or single trap gear if such retention is authorized by DFO as 
defined by Pacific Fishery Regulations and Conditions of Licence; or
    (b) except that a person may possess Pacific halibut taken with 
longline or single pot gear if such possession is authorized by NOAA 
Fisheries regulations published at 50 CFR part 679.
    (3) No person shall possess Pacific halibut while on board a vessel 
carrying any trawl nets.
    (4) All gear marker buoys carried on board or used by any United 
States of America vessel used for Pacific halibut

[[Page 14076]]

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 non-tribal 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 non-tribal 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 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 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 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 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 NOAA Fisheries.

18. 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.

19. 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/Individual Fishing Quota 
(IFQ) Longline and Pot Gear Daily Fishing Logbook, in electronic or 
paper form, provided by NOAA Fisheries; the Alaska hook-and-line 
logbook provided by Petersburg Vessel Owners Association or Alaska 
Longline Fishermen'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 Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook, 
Pacific Coast Groundfish non-trawl logbook provided by NOAA Fisheries, 
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 an 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 (6) 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:

[[Page 14077]]

    (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 an 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 an authorized representative of 
the Commission.
    (8) No person shall make a false entry in a log referred to in this 
Section.

20. Receipt and Possession of Pacific Halibut

    (1) No person shall receive Pacific halibut caught in IPHC 
Regulatory Area 2A from a United States of America vessel that does not 
have on board the permit required by Section 13(1).
    (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 NOAA Fisheries regulations published at 50 CFR part 
679;
    (b) fillets from Pacific halibut offloaded in accordance with this 
Section that are possessed on board the harvesting vessel in the port 
of landing up to 1800 local time on the calendar day following the 
offload; \4\ and
---------------------------------------------------------------------------

    \4\ DFO has more restrictive regulations; therefore, Section 20 
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 18.
    (3) No person shall offload Pacific halibut from a vessel unless 
the gills and entrails have been removed prior to offloading.\5\
---------------------------------------------------------------------------

    \5\ DFO did not adopt this regulation; therefore, Section 20 
paragraph (3) does not apply to fish caught in IPHC Regulatory Area 
2B.
---------------------------------------------------------------------------

    (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 NOAA Fisheries and codified at 50 CFR part 679) who 
receives Pacific halibut harvested in Individual Fishing Quota (IFQ) 
and Community Development Quota (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 18(2).
    (6) The first recipient, commercial fish processor, or buyer in the 
United States of America 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 Pacific 
halibut discarded as unfit for human consumption. All Pacific halibut 
harvested in fisheries in IPHC Regulatory Areas 2A, 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 18(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 NOAA Fisheries 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 Individual Vessel Quota (IVQ) or 
Individual Transferable Quota (ITQ), 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 18(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 this Section.
    (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 an 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 or by a Federal or State agency.

21. Supervision of Unloading and Weighing

    (1) 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.
    (2) The unloading and weighing of Pacific halibut may be subject to 
sampling by an authorized representative of the Commission.

[[Page 14078]]

22. Fishing by United States Indian Tribes

    (1) Pacific halibut fishing in IPHC Regulatory Area Subarea 2A-1 by 
members of United States treaty Indian tribes located in the State of 
Washington shall be regulated under regulations promulgated by NOAA 
Fisheries and published in the Federal Register:
    (a) Subarea 2A-1 includes the usual and accustomed fishing areas 
for Pacific Coast treaty tribes off the coast of Washington and all 
inland marine waters of Washington north of Point Chehalis 
(46[deg]53.30' N. lat.), including Puget Sound. Boundaries of a tribe's 
fishing area may be revised as ordered by a United States Federal 
court;
    (b) Section 13(1) does not apply to commercial fishing for Pacific 
halibut in Subarea 2A-1 by Indian tribes; and
    (c) ceremonial and subsistence fishing for Pacific halibut in 
Subarea 2A-1 is permitted with hook and line gear from 1 January 
through 31 December.
    (2) In IPHC Regulatory Area 2C, the Metlakatla Indian Community has 
been authorized by the United States Government to conduct a commercial 
Pacific halibut fishery within the Annette Islands Reserve. Fishing 
periods for this fishery are announced by the Metlakatla Indian 
Community and the Bureau of Indian Affairs. Landings in this fishery 
are accounted with the commercial landings for IPHC Regulatory Area 2C.
    (3) Section 7 (careful release of Pacific halibut), Section 17 
(fishing gear), except paragraphs (7) and (8) of Section 17, Section 18 
(size limits), Section 19 (logs), and Section 20 (receipt and 
possession of Pacific halibut) apply to commercial fishing for Pacific 
halibut by 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 
and ADFG.
    (5) Commercial fishing for Pacific halibut is permitted with hook 
and line gear between the dates specified in Section 9 paragraphs (2) 
and (3), or until the applicable fishery limit specified in Section 5 
is taken, whichever occurs first.

23. Indigenous Groups Fishing for Food, Social and Ceremonial Purposes 
in British Columbia

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

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

25. Recreational (Sport) Fishing for Pacific Halibut--General

    (1) No person shall engage in recreational (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 domestic 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 as depicted in Figure 2.
    (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 recreational (sport) fishing shall 
be offered for sale, sold, traded, or bartered.
    (6) No Pacific halibut caught in recreational (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.

26. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory 
Area 2A

    (1) The Commission shall determine and announce closing dates to 
the public for any area in which the fishery limits promulgated by NOAA 
Fisheries are estimated to have been taken.
    (2) When the Commission has determined that a subquota under 
paragraph (7) of this Section is estimated to have been taken, and has 
announced a date on which the season will close, no person shall 
recreational (sport) fish for Pacific halibut in that area after that 
date for the rest of the year, unless a reopening of that area for 
recreational (sport) Pacific halibut fishing is scheduled in accordance 
with the Catch Sharing Plan for IPHC Regulatory Area 2A, or announced 
by the Commission.
    (3) No person shall fish for Pacific halibut from a vessel, nor 
land or retain Pacific halibut on board a vessel, used as a charter 
vessel in IPHC Regulatory Area 2A, unless issued a permit valid for 
fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50 
CFR 300 Subpart E.
    (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, fishery 
limits, fishing dates, and daily bag limits are promulgated by NOAA 
Fisheries and published in the Federal Register.

27. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory 
Area 2B

    (1) In all waters off British Columbia: 6 7
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    \6\ DFO could implement more restrictive regulations for the 
recreational (sport) fishery, therefore anglers are advised to check 
the current Federal or Provincial regulations prior to fishing.
    \7\ For regulations on the experimental recreational fishery 
implemented by DFO check the current Federal or Provincial 
regulations.
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    (a) the recreational (sport) fishing season will open on 1 
February;
    (b) the recreational (sport) fishing season will close when the 
recreational (sport) fishery limit allocated by DFO is taken, or 31 
December, whichever is earlier; and
    (c) the daily bag limit is two (2) Pacific halibut of any size per 
day, per

[[Page 14079]]

person, and may be increased to a daily bag limit of three (3) Pacific 
halibut per day, per person on or after 1 August. This provision shall 
remain in effect through 2025, unless extended by a vote of the 
Commission.
    (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.6 7

28. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory 
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E

    (1) In Convention waters in and off Alaska: 8 9
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    \8\ NOAA Fisheries could implement more restrictive regulations 
for the recreational (sport) fishery or components of it, therefore, 
anglers are advised to check the current Federal or State 
regulations prior to fishing.
    \9\ 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 NOAA Fisheries at 50 
CFR 300.66.
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    (a) the recreational (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. Either one dorsal piece or one ventral 
piece from one Pacific halibut on board may be consumed;
    (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 recreational (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 
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; and
    (h) if there is an annual limit on the number of Pacific halibut 
that may be retained by a charter vessel angler as defined at 50 CFR 
300.61, for purposes of enforcing the annual limit, each charter vessel 
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 
angler's State of Alaska recreational (sport) fishing license, an ADFG 
approved electronic harvest record, or on a Sport Fishing Harvest 
Record Card obtained, without charge, from ADFG offices, the ADFG 
website, or fishing license vendors;
    (2) immediately upon retaining a Pacific halibut for which an 
annual limit has been established, permanently and legibly record the 
date, location (IPHC Regulatory Area), and species of the catch 
(Pacific halibut) on the harvest record; and
    (3) record the information required by paragraph 1(h)(2) on any 
duplicate or additional recreational (sport) fishing license issued to 
the angler, duplicate electronic harvest record, 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.
    (2) For guided recreational (sport) fishing (as referred to in 50 
CFR 300.65) in IPHC Regulatory Area 2C:
    (a) 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; and
    (b) 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 40 inches (101.6 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; and
    (c) no person on board a charter vessel may catch and retain 
Pacific halibut in 2023 on any Monday from July 24-December 31.
    (3) For guided recreational (sport) fishing (as referred to in 50 
CFR 300.65) in IPHC Regulatory Area 3A:
    (a) 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;
    (b) 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 
recreational (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;
    (c) 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;
    (d) 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; and
    (e) no person on board a charter vessel may catch and retain 
Pacific halibut in 2023 on any Wednesday, or on the following Tuesdays: 
June 20, June 27, July 4, July 11, July 18, July 25, August 1, August 
8, August 15.

29. Previous Regulations Superseded

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

[[Page 14080]]

[GRAPHIC] [TIFF OMITTED] TR07MR23.000

Figure 1. IPHC Regulatory Areas for the Pacific Halibut Fishery
[GRAPHIC] [TIFF OMITTED] TR07MR23.001

Figure 2. Minimum Commercial Size

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. 
773b, the Secretary of State, with the concurrence of the Secretary of 
Commerce, may accept or reject but not modify these recommendations of 
the IPHC. These regulations become effective when such acceptance and 
concurrence occur. 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 
these regulations involve 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 and the Northern Pacific Halibut Act of 
1982.
    The publication of these regulations in the Federal Register 
provide the affected public with notice that the IPHC management 
measures are in effect. Furthermore, no other law requires prior notice 
and public comment for this rule. Because 5 U.S.C.

[[Page 14081]]

553 or any other law does not require prior notice and an opportunity 
for public comment for this notice of the effectiveness of the IPHC's 
2023 management measures, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. This final 
rule has been determined to be not significant for the purposes of 
Executive Order 12866.
    The Paperwork Reduction Act of 1995 requires consideration of the 
impact of recordkeeping and other information collection burdens 
imposed on the public. Alaska state law establishes information 
collection requirements regarding harvest records for individual 
recreational anglers. See Alaska Admin. Code tit. 5, Sec.  75.006(a) 
(2023). This final rule contains no new recordkeeping requirements 
beyond those contained in existing Alaska state or federal law and 
therefore involves no additional collection of information burden. 
Moreover, because there is, at present, no annual limit on the number 
of Pacific halibut that may be retained by a charter vessel angler as 
defined at 50 CFR 300.61, the recordkeeping requirements referenced in 
section 29(1)(h) of the IPHC's Annual Management Measures do not apply 
during 2023.

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

    Dated: March 1, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-04598 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P