Pacific Halibut Fisheries

Federal RegisterMay 2, 1994

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 931235-4107; I.D. 120993A]

Pacific Halibut Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule and approval of catch sharing plan.

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SUMMARY: The Assistant Administrator for Fisheries, NOAA, (AA) on

behalf of the International Pacific Halibut Commission (IPHC),

publishes regulations promulgated by the IPHC and approved by the

Secretary of State governing the Pacific halibut fishery. The IPHC

regulations are intended to enhance the conservation of Pacific halibut

stocks in order to help rebuild and sustain them at an adequate level

in the northern Pacific Ocean and Bering Sea.

The AA also announces the approval of the 1994 Catch Sharing Plan

(Plan) to allocate the total allowable catch (TAC) of Pacific halibut

between treaty Indian, non-Indian commercial, and non-Indian sport

fishermen off the coasts of Washington, Oregon, and California (IPHC

statistical Area 2A). Regulations necessary to achieve the sport

fisheries allocations in the Plan are also published. These regulations

specify the seasons, quotas, and bag limits in each of the sport

fishery areas.

EFFECTIVE DATE: May 1, 1994.

FOR FURTHER INFORMATION CONTACT: Steven Pennoyer, Regional Director,

NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802, telephone 907-

586-7221; J. Gary Smith, Acting Regional Director, NMFS, Northwest

Region, 7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115, telephone

206-526-6140; or Donald McCaughran, Executive Director, IPHC, P.O. Box

5009, University Station, Seattle, WA 98105, telephone 206-624-1838.

SUPPLEMENTARY INFORMATION: The IPHC, under the Convention between the

United States and Canada for the Preservation of the Halibut Fishery of

the Northern Pacific Ocean and Bering Sea (signed at Ottawa, Ontario,

on March 2, 1953), as amended by a Protocol Amending the Convention

(signed at Washington, DC, on March 29, 1979), has promulgated new

regulations governing the Pacific halibut fishery in 1994. The

regulations have been approved by the Secretary of State of the United

States with the exception of IPHC regulations that pertain to domestic

allocation in Area 4B. Regulations allocating catch in Area 4B have

been developed by the North Pacific Fishery Management Council (NPFMC)

and, if approved by the AA, will take effect for the 1994 fishery. Area

4B allocative regulations were inappropriately included in the 1994

IPHC regulations and therefore were not approved. On behalf of the

IPHC, the approved IPHC regulations are published in the Federal

persons subject to the regulations of the restrictions and requirements

appearing therein.

The IPHC held its annual meeting on January 24-27, 1994, in

Bellevue, WA, and adopted regulations for 1994. The substantive changes

from the previous IPHC regulations (58 FR 17791, April 6, 1993)

include: (1) New commercial catch limits and fishing seasons; (2) new

treaty Indian halibut catch limits; (3) new sport fishing limits in

Area 2A; and (4) new regulations that require fishermen and processors

to unload all fish when fishing period limits are in effect and to

record these landings on state fish tickets. The 1994 regulations also

continue the Area 4D-N experimental fishery.

Because the non-Indian commercial fishery in Area 2A is likely to

exceed the sub-quota for this fishery during the first 10-hour opening,

the IPHC will need to impose vessel trip limits. However, because it is

unknown at this time how many vessels might participate in the Area 2A

fishery, the IPHC staff will determine and announce the vessel trip

limits necessary to avoid exceeding the sub-quota prior to the July 6

opening when better information is available on the number of vessels

that may participate in the fishery.

Section 5 of the Halibut Act (16 U.S.C. 773c) provides that the

Secretary of Commerce shall have general responsibility to carry out

the Halibut Convention (Convention) between the United States and

Canada, and that the Secretary shall adopt such regulations as may be

necessary to carry out the purposes and objectives of the Convention

and the Halibut Act. The Secretary's authority has been delegated to

the AA. Section 5 of the Halibut Act (16 U.S.C. 773c(c)) also

authorizes the regional fishery management council having authority for

the geographic area concerned to develop regulations governing the

Pacific halibut catch in U.S. Convention waters that are in addition

to, but not in conflict with, regulations of the IPHC. Pursuant to this

authority, NMFS requested the Pacific and North Pacific Fishery

Management Councils to allocate halibut catches should such allocation

be necessary.

At its January 1994 meeting, the NPFMC recommended regulations that

would enhance fishing opportunities for vessels that land their total

annual catch of Pacific halibut within Regulatory Area 4B. These

regulations would reserve 15 percent of the Area 4B catch limit for

Pacific halibut fishing periods scheduled prior to August 15. Vessels

participating in these Area 4B fishing periods would be limited to a

maximum catch of 10,000 pounds (4.5 mt) during each fishing period. The

intended effect of these measures is to provide summer fishing

opportunities for smaller vessels that land their total annual Pacific

halibut catch in Area 4B. These measures would not apply to fishing

periods in Area 4B after August 15.

These Area 4B regulations will be the subject of a separate notice

of proposed rulemaking. The AA will decide whether to approve the

proposed allocation after consideration of public comment on the

proposed rule. If approved by the AA, final regulations implementing

the 15-percent catch limit reservation and the fishing period limits

will be published at Sec. 301.7(f) and Sec. 301.11(g), respectively.

Therefore, these paragraphs are reserved.

The NPFMC's previous allocation recommendations were implemented in

regulations published at 53 FR 20327 (June 3, 1988) and 55 FR 23085

(June 6, 1990), have been adopted by the IPHC, and are consolidated and

renumbered at Sec. 301.11(h) and (i); Sec. 301.14(a), (b), (e), (f),

(g), (h), (i) and (j); and Sec. 301.17(i). An additional regulation

pertaining to NPFMC allocation recommendations was originally published

at 56 FR 19617 (April 29, 1991) and is republished at Sec. 301.10(g)

for the convenience and information of the public.

The Pacific Fishery Management Council (PFMC) has prepared catch

sharing plans since 1988 to allocate the TAC of Pacific halibut between

treaty Indian, non-Indian commercial, and non-Indian sport fisheries in

Area 2A off Washington, Oregon, and California. For 1994, the PFMC

recommended a two-pronged, contingent recommendation which: (1)

Requests that the IPHC calculate 50 percent of the harvestable surplus

in subarea 2A-1 and manipulate the non-Indian commercial fishery so

that the non-Indian share does not exceed 50 percent in subarea 2A-1,

and that the non-Indian allocation should be divided among sport and

commercial fisheries in the same proportion as the 1993 catch shares;

or (2) if IPHC is unable to determine the harvestable surplus in

subarea 2A-1, then the non-Indian commercial fishery be moved south of

subarea 2A-1 and the allocations among treaty Indian and non-Indian

sport and commercial fisheries would be the same as in 1993 (i.e.,

Treaty Indian (25 percent), non-Indian commercial (37.5 percent),

Washington sport (22.9 percent), and Oregon/California sport (14.6

percent).

The PFMC's recommended Plan was disapproved by the AA because it

maintained a status quo treaty Indian allocation, or set a treaty

Indian allocation based on the IPHC's calculation of half of the

harvestable surplus in subarea 2A-1 that would either keep the tribal

share at its present 25 percent of the Area 2A TAC, or reduce it to 20

percent if the IPHC used its past report (IPHC Scientific Report Number

74) to estimate the distribution of halibut biomass to derive

``harvestable surplus'' in subarea 2A-1. The AA disapproved only that

portion of the PFMC's recommended allocation that affected Indian

fishing rights and harvest in area 2A-1. That portion was disapproved

because the information in the record did not establish that the

recommendation provided the tribes with a 50-percent allocation of the

harvestable surplus of halibut that passes through their usual and

accustomed fishing area. The PFMC recommendations pertaining to

allocations within the non-Indian fisheries were included in the

proposed 1994 Plan. A complete discussion of the partial disapproval of

the PFMC's recommendation and background on the development of the 1994

Plan and the proposed sport fishing regulations was published in the

Federal Register on December 22, 1993, (58 FR 67762) with a request for

public comments.

The 1994 Plan as proposed in the December 22, 1993, Federal

tribes with an allocation that is consistent with December 29, 1993,

order issued by the U.S. District Court for the Western District of

Washington, Makah Indian Tribe v. Brown et al. No. C85-1605 (W.D.

Wash.); United States of America et al. v. State of Washington, et al.,

Civil No. 9213-Phase I, subproceeding No. 92-1 (W.D. Wash.) and

implements the remainder of the PFMC's recommendations on allocations

between and within non-Indian fisheries reduced proportionately to

accommodate the 35-percent allocation to the tribes. This action

responds to public comments on the proposed Plan and proposed sport

regulations and announces approval of the Plan and final sport fishing

regulations.

Comments and Responses on the Proposed Rule and the Catch Sharing Plan

Three letters of comment on the proposed rule and six letters of

comment on the proposed 1994 Plan were received from the Oregon State

Department of Fish and Wildlife, Washington State Department of Fish

and Wildlife, representatives of the treaty Indian tribes, and non-

Indian sport and commercial users. Three letters expressed support for

the Plan and three were opposed. The comments are summarized below with

responses.

Comment 1: Treaty Indian representatives agreed with the 35-percent

allocation to the tribes for 1994 and advised that the tribal estimate

for the 1993 ceremonial and subsistence (C&S) fishery for all 12 tribes

was 15,798 pounds. For 1994, the tribes requested that 16,000 pounds be

used in the Plan as the C&S fishery estimate.

Response: The 1994 Plan and the IPHC implementing regulations were

revised to use 16,000 pounds (7.3 mt) as the tribal estimate for 1994.

Comment 2: Oregon representatives and users recommended adoption of

the PFMC's recommendation because the proposed Plan would establish a

disproportionate harvest in the northern area of Area 2A, which is not

consistent with scientific information on biomass distribution and

could be detrimental to the halibut stock.

Response: The Secretary disapproved only that portion of the PFMC's

recommended allocation scheme that affected treaty Indian fishing

rights, because it did not provide the tribes with a 50-percent

allocation of the harvestable surplus of halibut that passes through

subarea 2A-1 (the treaty Indian tribes usual and accustomed fishing

area). In Makah v. Brown, the U.S. Government argued that harvests

should be proportionate to biomass based on the IPHC management

philosophy and on IPHC Report No. 74. However, this argument was

rejected. The tribes presented statistics showing that 70 percent of

the Area 2A harvest has come from subarea 2A-1 for 20 years, without

apparent detriment to the stock. Although the IPHC recently stated that

overfishing may be occurring in Area 2A, the IPHC statement applies to

the entire area, not to just subarea 2A-1, and past IPHC scientific

reports have not concluded that the higher removals in subarea 2A-1 are

a conservation issue. Given that there is not a clearly demonstrated

conservation basis in the record for reducing the removals (70 percent

of TAC) in the tribe's usual and accustomed fishing area (subarea 2A-1)

at this time, and given their treaty right to 50 percent, the AA

determined that 35 percent of the Area 2A TAC should be allocated to

the treaty Indian tribes in 1994.

Comment 3: One commenter felt that the PFMC's recommendation should

not be overturned because it was based on an established open public

process based on well-debated decisions and scientific input.

Response: Only that portion of the PFMC recommendation pertaining

to the allocation to treaty Indian tribes was overturned, because it

was not consistent with the U.S. District Court order. When the PFMC

was considering the allocation to the tribes during its public meeting,

the PFMC was advised by U.S. government representatives at the PFMC's

public meeting (prior to its vote) that a recommendation to reduce the

harvests in subarea 2A-1 in order to reduce the tribal share was likely

to be disapproved by the AA.

Comment 4: Oregon representatives and users commented that the

proposed Plan establishes an inequitable opportunity to harvest halibut

by all users in Area 2A and discriminates between residents of

different states by setting a disproportionate allocation in subarea

2A-1 (the treaty Indian tribes' usual and accustomed fishing grounds),

thereby preventing equitable use of available biomass in Oregon.

Response: This allocation provides recognition of treaty Indian

fishing rights and does not restrict the location of the non-Indian

commercial fishery, and therefore does not discriminate between

residents of different states.

Comment 5: Oregon raised concerns about institutionalizing the

halibut harvest disproportionately in a small area.

Response: The Plan is for 1994 only; allocations for 1995 and

beyond could be different than the 1994 Plan. Any proposal to reduce

the tribal allocation below 35 percent of the Area 2A TAC must be

supported by credible information that there is a conservation

necessity to reduce the amount of harvest coming out of subarea 2A-1; a

proposal to shift the non-Indian harvest would not have to meet the

conservation necessity test.

Comment 6: Representatives of the inside tribes commented that the

proposed Plan is inconsistent in its allocation of treaty Indian and

non-Indian harvests in Puget Sound in that the sport fisheries have

separate sub-quotas for inside waters (Puget Sound), while no equal

sub-quota is established for the Puget Sound tribes.

Response: Consistent with the U.S. District Court order, the Plan

only addresses the allocation to treaty Indian tribes in subarea 2A-1

and does not consider intertribal allocation issues.

Comment 7: Tribal representatives commented that the 72-hour

restriction on the use of setline gear prior to a halibut fishing

period should not apply to treaty Indian fishing as it is not necessary

for regulating the treaty Indian fisheries.

Response: This comment pertains to IPHC regulations, rather than

the Plan. U.S. Government representatives did raise this issue with the

IPHC and the application of the 72-hour restriction on treaty Indian

fishing was removed by IPHC.

Comment 8: The Washington State Department of Fish and Wildlife

(WDFW), in consultation with Washington anglers and IPHC staff, had two

recommendations on the sport fishing regulations to account for the

decrease in TAC from 1993. WDFW recommends that the Puget Sound sport

fishery season be open May 2 to July 5; and that the area between

Queets River and Cape Falcon have a 2-day season on June 2 and June 9.

Response: The WDFW recommendations are within the PFMC's allocation

objectives for Washington sport fisheries in 1994 as described in the

Plan, and are necessary because of the revised sub-quotas in these

areas (due to lowered TAC). Therefore, the proposed regulations at

Sec. 301.21(d)(2) (i) and (iii) were revised to reflect these revised

seasons that are intended to achieve the allocations in these sport

fishery areas. The IPHC has concurred that projected catch for these

seasons is within the sub-quotas for these areas.

Comment 9: A Washington sport user stated that the one-fish bag

limit in the Washington north coastal area sport fishery is not

adequate, given the expense to travel to the north coast area.

Response: The one-fish bag limit was recommended by the PFMC to

extend the fishing season in this area to maximize angler

participation.

Comment 10: A Washington sport user commented that the Washington

north coastal area sport fishery opening date should be delayed by 1

month to make the fishery more safely accessible by small boats.

Response: This area has traditionally opened in early May, as there

is little other angler opportunity at this time of year. In prior

years, when the sub-quota in this area was higher, a second season was

set in July when more small vessels participate in the fishery.

However, because quotas are no longer sufficient to have two seasons,

the PFMC recommended a single opening that would extend as long as

quota was available. NMFS agrees with the PFMC recommendation to

maximize angler access and therefore the proposed May 3 opening was

retained in the final rule.

Comment 11: A Washington sport user was opposed to the proposed

closure south of Cape Flattery in the Washington north coast sport

fishery, because it prevented user access to productive grounds.

Response: The closed area was recommended by the PFMC, based on

input from WDFW, because the halibut caught in this area in 1993 were

much larger than the average fish in the north coast area and caused

the sub-quota in this area to be achieved much sooner than anticipated.

NMFS concurs with the PFMC's objective in recommending closing this

area to extend fishing opportunity as long as possible, and since other

areas that are close to port are still available for fishing, NMFS has

approved the closed area in the final sport regulations.

Accordingly, the proposed 1994 Plan and proposed regulations at

Sec. 301.21(d)(2) have been modified as described in the responses to

comments. Specific regulations implementing portions of the 1994 Plan

were adopted by the IPHC and are published herein. NMFS has implemented

the sport fishery portion of the Plan, as applied to the Area 2A TAC,

in Sec. 301.21(d) of these regulations. A regulation published at 58 FR

17791 (April 6, 1993) that describes the fishing area of the treaty

Indian tribes at Sec. 301.20(j) is renumbered and republished at

Sec. 301.20(l). Additional regulations originally published at 58 FR

17791 (April 6, 1993) pertaining to flexible inseason management

provisions for Area 2A sport fisheries are republished at

Sec. 301.21(d)(3) and (d)(5) for the convenience and information of the

public. The final approved 1994 Plan for Pacific halibut in Area 2A is

as follows.

1994 Catch Sharing Plan

The 1994 Plan allocates 35 percent of the Area 2A TAC to Washington

treaty Indian tribes in subarea 2A-1, and 65 percent to non-Indian

fisheries in Area 2A. The allocation to non-Indian fisheries is divided

50 percent to commercial users and 50 percent to sport users. The sport

allocation is further divided 61 percent to areas off Washington and 39

percent to areas off Oregon and California. The sport fisheries are

divided into geographic areas, each having separate seasons, quotas,

bag limits, and other restrictions. The Washington sport allocation

applies to the coastal and inland waters off Washington, as well as

waters off the coast of Oregon north of Cape Falcon. The Oregon sport

allocation applies to waters off Oregon south of Cape Falcon and

includes the California coast. The allocations are distributed as sub-

quotas to ensure that any overage or underage by any one user group

will not affect achievement of the allocation of TAC for other user

groups. The Area 2A TAC of 550,000 pounds (249.5 mt) is distributed as

sub-quotas between users as follows:

Treaty Indian sub-quota............ 192,500 pounds (87.3 mt)

Non-Indian Commercial sub-quota.... 178,750 pounds (81.1 mt)

Washington Sport sub-quota......... 109,037 pounds (49.5 mt)

Oregon Sport sub-quota............. 69,713 pounds (31.6 mt)

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Total.......................... 550,000 pounds (249.5 mt)

The specific allocative measures in the treaty Indian, non-Indian

commercial, and non-Indian sport fisheries in Area 2A are described

below.

Treaty Indian Fisheries

Thirty-five percent of the Area 2A TAC is allocated to 12 treaty

Indian tribes in subarea 2A-1, which includes that portion of Area 2A

north of Point Chehalis, WA (46 deg.53'18'' N. latitude) and east of

125 deg.44'00'' W. longitude (defined in 50 CFR 301.20(c)). The treaty

Indian allocation is to provide for a tribal commercial fishery and a

C&S fishery. These two fisheries are to be managed separately; any

overages in the commercial fishery will not affect the C&S fishery. The

commercial fishery will be managed to achieve an established sub-quota,

while the C&S fishery will be managed for a year-round season. The

tribal C&S fishery commenced on January 1 and continues year-round

through December 31. No size or bag limits apply to the C&S fishery,

except that when the tribal commercial fishery is closed, treaty

Indians may take and retain not more than two halibut per person per

day. The tribal estimate of C&S catch for the year-round fishery in

1993 was about 16,000 pounds (7.3 mt), and it is expected that 1994

will be the same. Based on this expectation, the tribal commercial

fishery will have a sub-quota of 176,500 pounds (80.1 mt), which is

equal to the tribal allocation of 192,500 pounds (87.3 mt) less the

tribal estimate of 16,000 pounds (7.3 mt) for a year-round C&S season.

The tribal commercial fishery commenced on March 1 and continues

through October 31 or until the tribal commercial sub-quota is taken,

whichever occurs first. Any halibut sold by treaty Indians must comply

with the IPHC regulations on size limits for the non-Indian fishery.

Halibut taken for C&S purposes may not be offered for sale or sold.

Regulations necessary for the treaty Indian allocative measures are

implemented in the 1994 IPHC regulations.

Commercial Fisheries (Non-Indian)

The non-Indian commercial fishery is allocated 32.5 percent of the

Area 2A TAC. This Plan does not address the structuring of the

commercial season(s). The 1994 commercial fishery opening date(s),

duration, and vessel trip limits for Area 2A, as necessary to ensure

that the sub-quota for this fishery is not exceeded, are determined by

the IPHC.

Sport Fisheries (Non-Indian)

The non-Indian sport fishery is allocated 32.5 percent of the Area

2A TAC. The sport fishery allocation is further divided, with 19.8

percent of the Area 2A TAC to areas off Washington/northern Oregon and

12.7 percent to areas off Oregon/California. The sport fisheries are

divided into five geographic areas, each having separate seasons, sub-

quotas, bag limits, and other restrictions as necessary to achieve

allocation objectives. The Washington sport allocation applies to the

coastal and inland waters off Washington and includes the north coast

of Oregon, north of Cape Falcon. The Oregon sport allocation applies to

waters off Oregon south of Cape Falcon and includes the California

coast.

The Washington sport fisheries structuring is based on the

following allocation objectives adopted by the PFMC:

1. In Puget Sound, provide a stable recreational opportunity for

anglers and maximize the season length;

2. On the north coast, maximize the season length; and

3. On the south coast, maximize the season length while providing

for a limited halibut fishery.

The Oregon sport fisheries structuring is based on the following

allocation objectives adopted by the PFMC:

1. Provide early season fishing opportunity to anglers from Cape

Falcon to the California border;

2. Provide sport fishing opportunity for all Oregon ports south of

Cape Falcon, especially small boat anglers;

3. Provide a short period of opportunity for all ports south of

Cape Falcon that allows both charter boats and larger private boats to

fish productive areas in deeper water; and

4. Provide anglers in California the opportunity to fish in a fixed

season.

The details of the sport fisheries structuring for the five sport

fishery areas are as follows:

1. Washington Inside Waters (Puget Sound and Straits).

This area is allocated 32.4 percent of the Washington sport sub-

quota, which is 35,328 pounds (16.0 mt). The season will be open 6 days

per week (closed Wednesdays) from May 2 until a closing date that will

be based (preseason) on when the sub-quota is projected to be achieved.

Due to the inability to monitor the catch in this area inseason, a

fixed season is established preseason, based on projected catch per day

and number of days to achievement of the sub-quota; no inseason

adjustments will be made, and estimates of actual catch will be made

post-season. For 1994, the sub-quota is projected to be achieved on

July 5th. The bag limit will be one halibut per person per day, with no

size limit.

The dividing line between this area and the Washington north coast

area is the Bonilla-Tatoosh line, defined as follows: From Bonilla

Point (48 deg.35'44'' N. latitude, 124 deg.43'00'' W. longitude) to the

buoy adjacent to Duntze Rock (48 deg.24'55'' N. latitude,

124 deg.44'50'' W. longitude) to Tatoosh Island lighthouse

(48 deg.23'30'' N. latitude, 124 deg.44'00'' W. longitude) to Cape

Flattery (48 deg.22'55'' N. latitude, 124 deg.43'42'' W. longitude).

2. Washington North Coast between the Straits and Queets River.

This area is allocated 62.4 percent of the Washington sport sub-

quota, which is 68,039 pounds (30.9 mt). The fishery will open on May 3

and continue 5 days per week (Tuesday through Saturday) until the sub-

quota is taken or until September 30, whichever occurs first. The bag

limit is one halibut per person per day, with no size limit.

A closure to sport fishing for halibut will be established in an

area that is 19.5 nautical miles (36 km) southwest of Cape Flattery.

The closed area is defined as the area within a rectangle defined by

these four corners: 48 deg.17'00'' N. latitude and 125 deg.10'00'' W.

longitude; 48 deg.17'00'' N. latitude and 125 deg.00'00'' W. longitude;

48 deg.05'00'' N. latitude and 125 deg.10'00'' W. longitude; and,

48 deg.05'00'' N. latitude and 125 deg.00'00'' W. longitude.

3. Southern Washington/northern Oregon (between Queets River and

Cape Falcon, OR).

This area is allocated 5.2 percent of the Washington sport sub-

quota, which is 5,670 pounds (2.6 mt). The season will be open one day

per week (Thursday only) from June 2 until when the sub-quota is

projected to be harvested. Due to the inability to monitor the catch in

this area inseason, a fixed season will be established preseason, based

on projected catch per day and number of days to achievement of the

sub-quota. For 1994, the sub-quota is projected to be achieved on June

9; however, additional fishing days should be provided if the sub-quota

is not taken by June 9 and additional sub-quota for this area remains

unharvested that is sufficient for an additional full day of fishing.

The bag limit is one halibut per person per day, with no size limit.

4. South of Cape Falcon to the California Border.

This area is allocated 97.4 percent of the Oregon sport sub-quota,

which is 67,900 pounds (30.8 mt). The bag limit for all seasons in this

area is two halibut per person per day, one with a minimum 32-inch

(81.3 cm) size limit and the second with a minimum 50-inch (127.0 cm)

size limit.

This area will have three seasons: The first season is allocated 79

percent of this area sub-quota; the second season is allocated 4

percent; and the third season is allocated 17 percent. The structuring

of the three seasons is as follows:

1. The first season will open on May 4 and continue 5 days per week

(Wednesday through Sunday) until 53,641 pounds (24.3 mt) is estimated

to have been taken.

2. The second season will open the day following the closure of the

first season, but only in waters inside the 30-fathom curve and

continue every day until August 5 or until 2,716 pounds (1.2 mt) is

estimated to have been taken, whichever occurs first.

3. The third and last season will open on August 6, with no depth

restrictions. The fishery will be open 5 days per week (Wednesday

through Sunday) until September 30 or until the area sub-quota of

67,900 pounds (30.8 mt) is estimated to have been taken, whichever

occurs first.

Any poundage remaining after the earlier seasons will be added to

the sub-quotas for the next season. If poundage added to the last

season's sub-quota is sufficient to allow for additional fishing

opportunity, an inseason action should be taken to add additional open

days to each week.

5. California--South of the California Border.

This area is allocated 2.6 percent of the Oregon sport sub-quota,

which is 1,813 pounds (0.8 mt). The season will commence on May 1 and

continue every day until September 30. The bag limit is one halibut per

person per day with a minimum 32-inch (81.3 cm) size limit. Due to the

inability to monitor the catch in this area inseason, a fixed season

will be established preseason based on projected catch per day and

number of days to achievement of the sub-quota; no inseason adjustments

will be made, and estimates of actual catch will be made post-season.

Classification

International Pacific Halibut Commission Regulations

Because approval by the Secretary of State of the IPHC regulations

is a foreign affairs function, Jensen v. National Marine Fisheries

Service, 512 F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553 of the

Administrative Procedure Act (APA) does not apply to this notice of the

effectiveness and content of the IPHC regulations. Because notice of

proposed rulemaking is not required, the preparation of a regulatory

flexibility analysis is not required.

Sport Fishing Regulations and Catch Sharing Plan

The 1994 Plan and sport fishing regulations are consistent with the

Catch Sharing Plans that have been in place since 1990. A regulatory

impact review prepared by the PFMC for the 1992 Plan indicates that

actions taken under the Plan will not have a significant economic

impact on a substantial number of small entities. The allocations

within this Plan are within the scope of the 1992 Plan and therefore

preparation of a new regulatory flexibility analysis is not required

under the Regulatory Flexibility Act. The General Counsel of the

Department of Commerce certified to the Small Business Administration

that the proposed regulations, if adopted, would not have a significant

economic impact on a substantial number of small entities.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

If this rule is not effective by May 1, 1994, sport fishing for

Pacific halibut in Area 2A would open under last years' regulations,

which provided more halibut to the sport fishery than is available this

year. Therefore, this years' season would open under less restrictive

regulations than promulgated by these rules, and too much of the sport

allocation would be taken early in the year, defeating the goals of the

approved 1994 Plan. This would cause negative economic impacts on the

coastal communities and charterboat operations that are dependent on

Pacific halibut fishing throughout the year. Pursuant to section

553(d)(3) of the APA, the AA finds good cause to make the final rule

effective on May 1, 1994.

List of Subjects in 50 CFR Part 301

Fisheries, Treaties.

Dated: April 22, 1994.

Henry R. Beasley,

Acting Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 301 is revised

to read as follows:

PART 301--PACIFIC HALIBUT FISHERIES

Sec.

301.1 Short title.

301.2 Interpretation.

301.3 Licensing vessels.

301.4 Inseason actions.

301.5 Application.

301.6 Regulatory areas.

301.7 Fishing periods.

301.8 Closed periods.

301.9 Closed area.

301.10 Catch limits.

301.11 Fishing period limits.

301.12 Size limits.

301.13 Careful release of halibut.

301.14 Vessel clearance in Area 4.

301.15 Logs.

301.16 Receipt and possession of halibut.

301.17 Fishing gear.

301.18 Retention of tagged halibut.

301.19 Supervision of unloading and weighing.

301.20 Fishing by U.S. treaty Indian tribes.

301.21 Sport fishing for halibut.

301.22 Previous regulations superseded.

Figure 1 to part 301.

Figure 2 to part 301.

Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

Sec. 301.1 Short title.

This part may be cited as the Pacific Halibut Fishery Regulations.

Sec. 301.2 Interpretation.

(a) In this part:

Automated hook stripper (commonly known as a crucifier) means a

device through which the groundline can be passed during gear

retrieval, which allows the groundline and hooks to pass freely, but

does not allow fish to pass, thereby removing fish from the hooks.

Charter vessel means a vessel used for hire in sport fishing for

halibut, but does not include a vessel without a hired operator.

Commercial fishing means fishing, the resulting catch of which

either is, or is intended to be, sold or bartered.

Commission means the International Pacific Halibut Commission.

Daily bag limit means the maximum number of halibut a person may

take in any calendar day from Convention waters.

Fishery officer means any State, Federal, or Provincial officer

authorized to enforce this part, including, but not limited to, the

National Marine Fisheries Service (NMFS), Canada's Department of

Fisheries and Oceans (DFO), Alaska Department of Fish and Wildlife

Protection (ADFWP), and the U.S. Coast Guard (USCG).

Fishing means the taking, harvesting, or catching of fish, or any

activity that can reasonably be expected to result in the taking,

harvesting, or catching of fish, including specifically the deployment

of any amount or component part of setline gear anywhere in the

maritime area.

Fishing period limit means the maximum amount of halibut that may

be retained and landed by a vessel during one fishing period.

Land, with respect to halibut, means to bring to shore and to

offload.

License means a halibut fishing license issued by the Commission

pursuant to Sec. 301.3 of this part.

Maritime area, with respect to the fisheries jurisdiction of a

Contracting Party, includes, without distinction, areas within and

seaward of the territorial sea or internal waters of that Party.

Operator, with respect to any vessel, means the owner and/or the

master or other individual on board and in charge of that vessel.

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).

Person includes an individual, corporation, firm, or association.

Regulatory area means an area referred to in Sec. 301.6 of this

part.

Setline gear means one or more stationary, buoyed, and anchored

lines with hooks attached.

Sport fishing means all fishing other than commercial fishing and

treaty Indian ceremonial and subsistence fishing.

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.

(b) In this part, all bearings are true and all positions are

determined by the most recent charts issued by the National Ocean

Service or the Canadian Hydrographic Service.

the heads of the fish are off and their entrails removed.

Sec. 301.3 Licensing vessels.

(a) No person shall operate or fish for halibut from a U.S. vessel,

nor possess halibut on board a U.S. vessel, used either for commercial

fishing or as a charter vessel, unless the Commission has issued a

license in respect of that vessel.

(b) No person shall operate or fish for halibut from a Canadian

vessel used as a charter vessel, nor possess halibut on board such

vessel, unless the Commission has issued a license in respect of that

vessel.

paragraphs (a) and (b) of this section must be carried on board that

vessel at all times and the vessel operator shall permit its inspection

by fishery officers of the Contracting Parties.

(d) The Commission shall issue a license in respect of a vessel,

without fee from its office in Seattle, WA, upon receipt of a

completed, written, and signed ``Application for Vessel License for the

Halibut Fishery'' form.

(e) Application forms may be obtained from fishery officers of

either Contracting Party, or from the Commission.

(f) Information on ``Application for Vessel License for the Halibut

Fishery'' form must be accurate.

(g) The ``Application for Vessel License for the Halibut Fishery''

form shall be completed and signed by the vessel owner.

(h) Licenses issued under this section shall be valid only during

the year in which they are issued.

(i) A new license is required for a vessel that is sold,

transferred, renamed, or redocumented.

(j) The license required under this section is in addition to any

license, however designated, that is required under the laws of Canada

or any of its Provinces or the United States or any of its States.

(k) The United States may suspend, revoke, or modify any license

issued under this section under policies and procedures in 15 CFR part

904.

Sec. 301.4 Inseason actions.

(a) The Commission is authorized to establish or modify regulations

during the season after determining that such action

(1) Will not result in exceeding the catch limit established

preseason for each regulatory area;

(2) Is consistent with the Convention between the United States and

Canada for the Preservation of the Halibut Fishery of the Northern

Pacific Ocean and Bering Sea, and applicable domestic law of either

Canada or the United States; and

(3) Is consistent, to the maximum extent practicable, with any

domestic catch sharing plans developed by the United States or Canadian

governments.

(b) Inseason actions may include, but are not limited to,

establishment or modification of the following:

(1) Closed areas;

(2) Fishing periods;

(3) Fishing period limits;

(4) Gear restrictions;

(5) Recreational bag limits;

(6) Size limits; or

(7) Vessel clearances.

specified by the Commission.

(d) The Commission will announce inseason actions under this

section by providing notice to major halibut processors; Federal,

State, U.S. treaty Indian, and Provincial fishery officials; and the

media.

Sec. 301.5 Application.

(a) This part applies to persons and vessels fishing for halibut

in, or possessing halibut taken from, waters off the west coast of

Canada and the United States, including the southern and the western

coasts of Alaska, within the respective maritime areas in which each of

those countries exercises exclusive fisheries jurisdiction as of March

29, 1979.

(b) Sections 301.6 through 301.19 of this part apply to commercial

fishing for halibut.

U.S. treaty Indian tribes in the State of Washington.

(d) Section 301.21 of this part applies to sport fishing for

halibut.

(e) This part does not apply to fishing operations authorized or

conducted by the Commission for research purposes.

Sec. 301.6 Regulatory areas.

The following areas (see Figure 1) shall be regulatory areas for

the purposes of the Convention:

(a) Area 2A includes all waters off the states of California,

Oregon, and Washington;

(b) Area 2B includes all waters off British Columbia;

running 340 deg. true from Cape Spencer Light (latitude 58 deg.11'57''

N., longitude 136 deg.38'18'' W.), and south and east of a line running

205 true from said light;

(d) Area 3A includes all waters between Area 2C and a line

extending from the most northerly point on Cape Aklek (latitude

57 deg.41'15'' N., longitude 155 deg.35'00'' W.) to Cape Ikolik

(latitude 57 deg.17'17'' N., longitude 154 deg.47'18'' W.), then along

the Kodiak Island coastline to Cape Trinity (latitude 56 deg.44'50''

N., longitude 154 deg.08'44'' W.), then 140 true;

(e) Area 3B includes all waters between Area 3A and a line

extending 150 deg. true from Cape Lutke (latitude 54 deg.29'00'' N.,

longitude 164 deg.20'00'' W.) and south of latitude 54 deg.49'00'' N.

in Isanotski Strait;

(f) 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 Sec. 301.9

of this part that are east of longitude 172 deg.00'00'' W. and south of

latitude 56 deg.20'00'' N.;

(g) Area 4B includes all waters in the Bering Sea and the Gulf of

Alaska west of Area 4A and south of latitude 56 deg.20'00'' N.;

(h) Area 4C includes all waters in the Bering Sea north of Area 4A

and north of the closed area defined in Sec. 301.9 of this part that

are east of longitude 171 deg.00'00'' W., south of latitude

58 deg.00'00'' N., and west of longitude 168 deg.00'00'' W.;

(i) Area 4D includes all waters in the Bering Sea north of Areas 4A

and 4B, north and west of Area 4C, and west of longitude

168 deg.00'00'' W.;

(j) Subarea 4D-N includes that portion of Area 4D that is north of

latitude 62 deg.30'00'' N.;

(k) Area 4E includes all waters in the Bering Sea north and east of

the closed area defined in Sec. 301.9 of this part, east of longitude

168 deg.00'00'' W., and south of latitude 65 deg.34'00'' N.

Sec. 301.7 Fishing periods.

(a) The fishing periods for each regulatory area are set out in the

following tables and apply where the catch limits specified in

Sec. 301.10 of this part have not been taken.

Commercial Fishing Periods in Regulatory Areas 2A, 2B, 2C, 3A, 3B

----------------------------------------------------------------------------------------------------------------

2A 2B 2C 3A 3B

----------------------------------------------------------------------------------------------------------------

7/06 3/01-11/15 6/06-6/07 6/06-6/07 6/06-6/07

7/19 ..................... 9/12-* 9/12-9/13 9/12-9/13

8/03 ..................... 10/10-* 10/10-* 10/10-*

8/16 ..................... ..................... ..................... ....................

----------------------------------------------------------------------------------------------------------------

Commercial Fishing Periods in Regulatory Areas 4A, 4B, 4C

--------------------------------------------------------------------------------------------------------------------------------------------------------

4A 4B 4C

--------------------------------------------------------------------------------------------------------------------------------------------------------

6/06-6/07 6/06-6/07 6/03-6/048/02-8/0310/01-10/02

8/15 6/15 6/05-6/068/04-8/0510/03-10/04

8/30-* 6/17 6/07-6/088/06-8/0710/05-10/06

9/12-9/13 6/19 6/09-6/108/08-8/0910/07-10/08

10/10-* 6/21 6/11-6/128/10-8/1110/09-10/10

6/23 6/13-6/148/12-8/1310/11-10/12

6/25 6/15-6/168/14-8/1510/13-10/14

6/27 6/17-6/188/16-8/1710/15-10/16

6/29 6/19-6/208/18-8/1910/17-10/18

7/01 6/21-6/228/20-8/2110/19-10/20

7/03 6/23-6/248/22-8/2310/21-10/22

7/05 6/25-6/268/24-8/2510/23-10/24

7/07 6/27-6/288/26-8/2710/25-10/26

7/09 6/29-6/308/28-8/2910/27-10/28

7/11 7/01-7/028/30-8/3110/29-10/30

7/13 7/03-7/049/01-9/02

7/15 7/05-7/069/03-9/04

7/17 7/07-7/089/05-9/06

7/19 7/09-7/109/07-9/08

7/21 7/11-7/129/09-9/10

7/23 7/13-7/149/11-9/12

7/25 7/15-7/169/13-9/14

7/27 7/17-7/189/15-9/16

7/29 7/19-7/209/17-9/18

7/31 7/21-7/229/19-9/20

8/02 7/23-7/249/21-9/22

8/04 7/25-7/269/23-9/24

8/06 7/27-7/289/25-9/26

8/08 7/29-7/309/27-9/28

8/10 7/31-8/019/29-9/30

8/12 .........................................................................................................

8/14 .........................................................................................................

8/15-* .........................................................................................................

8/30-* .........................................................................................................

--------------------------------------------------------------------------------------------------------------------------------------------------------

Commercial Fishing Periods in Regulatory Areas 4D, 4D-N, 4E

--------------------------------------------------------------------------------------------------------------------------------------------------------

4D 4D-N 4E

--------------------------------------------------------------------------------------------------------------------------------------------------------

8/15-* 7/01-7/02 5/02-5/047/16-7/18

8/30-* 7/03-7/04 5/05-5/077/19-7/21

7/05-7/06 5/08-5/107/22-7/24

7/07-7/08 5/11-5/137/25-7/27

7/09-7/10 5/14-5/167/28-7/30

7/11-7/12 5/17-5/197/31-8/02

7/13-7/14 5/20-5/228/03-8/05

7/15-7/16 5/23-5/258/06-8/08

7/17-7/18 5/26-5/288/09-8/11

7/19-7/20 5/29-5/318/12-8/14

7/21-7/22 6/01-6/038/15-8/17

7/23-7/24 6/04-6/068/18-8/20

7/25-7/26 6/07-6/098/21-8/23

7/27-7/28 6/10-6/128/24-8/26

7/29-7/30 6/13-6/158/27-8/29

7/31-8/01 6/16-6/188/30-9/01

8/02-8/03 6/19-6/219/02-9/04

8/04-8/05 6/22-6/249/05-9/07

8/06-8/07 6/25-6/279/08-9/10

8/08-8/09 6/28-6/309/11-9/13

8/10-8/11 7/01-7/039/14-9/16

8/12-8/13 7/04-7/069/17-9/19

..................... 7/07-7/099/20-9/22

..................... 7/10-7/129/23-9/25

..................... 7/13-7/159/26-9/28

--------------------------------------------------------------------------------------------------------------------------------------------------------

*Date to be announced by the Commission.

(b) Each fishing period in Area 2A shall begin at 0800 hours and

terminate at 1800 hours Pacific Standard or Pacific Daylight Time, as

applicable, on the dates set out in the table in paragraph (a) of this

section, unless the Commission specifies otherwise.

hours Pacific Standard Time, on the dates set out in the table in

paragraph (a) of this section, unless the Commission specifies

otherwise.

(d) Except as provided in paragraph (e) of this section, each

fishing period in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E, and subarea 4D-

N shall begin and terminate at 1200 hours Alaska Standard or Alaska

Daylight Time, as applicable, on the dates set out in the table in

paragraph (a) of this section, unless the Commission specifies

otherwise.

(e) The 8/15 fishing period in Area 4A and the 6/15 through 8/14

fishing periods inclusive in Area 4B shall begin at 0800 hours and

terminate at 2000 hours Alaska Standard or Alaska Daylight Time, as

applicable, unless the Commission specifies otherwise.

(f) [Reserved]

(g) All commercial fishing for halibut in Area 2A shall cease at

1200 hours Pacific Standard Time on October 31.

(h) All commercial fishing for halibut in Area 2B shall cease at

1200 hours Pacific Standard Time on November 15.

(i) All commercial fishing for halibut in Areas 2C, 3A, 3B, 4A, 4B,

4C, 4D, and 4E shall cease at 1200 hours Alaska Standard Time on

October 31.

Sec. 301.8 Closed periods.

(a) No person shall engage in fishing for halibut in any regulatory

area other than during the fishing periods set out in Sec. 301.7 of

this part in respect of that area.

(b) No person shall land or otherwise retain halibut caught outside

a fishing period applicable to the regulatory area where the halibut

was taken.

not prohibit fishing for any species of fish other than halibut during

the closed periods.

(d) Notwithstanding paragraph (c) of this section, no person shall

have halibut in his possession while fishing for any other species of

fish during the closed periods.

(e) No vessel shall retrieve any halibut fishing gear during a

closed period if the vessel has any halibut on board.

(f) A vessel that has no halibut on board may retrieve any halibut

fishing gear during the closed period after the operator notifies a

fishery officer or representative of the Commission prior to that

retrieval.

(g) After retrieval of halibut gear in accordance with paragraph

(f) of this section, the vessel shall submit to a hold inspection at

the discretion of the fishery officer or representative of the

Commission.

(h) No person shall retain any halibut caught on gear retrieved

under paragraph (f) of this section.

(i) No person shall possess halibut aboard a vessel in a regulatory

area during a closed period unless that vessel is in continuous transit

to or within a port in which that halibut may be lawfully sold.

Sec. 301.9 Closed area.

All waters in the Bering Sea that are north of latitude

54 deg.49'00'' N. in Isanotski Strait that are enclosed by a line from

Cape Sarichef Light (latitude 54 deg.36'00'' N., longitude

164 deg.55'42'' W.) to a point at latitude 56 deg.20'00'' N., longitude

168 deg.30'00'' W.; thence to a point at latitude 58 deg.21'25'' N.,

longitude 163 deg.00'00'' W.; thence to Strogonof Point (latitude

56 deg.53'18'' N., longitude 158 deg.50'37'' W.); and then along the

northern coasts of the Alaska Peninsula and Unimak Island to the point

of origin at Cape Sarichef Light are closed to halibut fishing and no

person shall fish for halibut therein or have halibut in his possession

while in those waters except in the course of a continuous transit

across those waters.

Sec. 301.10 Catch limits.

(a) The total allowable catch of halibut to be taken during the

halibut fishing periods specified in Sec. 301.7 of this part shall be

limited to the weight expressed in pounds or metric tons shown in the

following table:

------------------------------------------------------------------------

Catch limits

---------------------

Regulatory area Metric

Pounds tons

------------------------------------------------------------------------

2A................................................ 178,750 81

2B................................................ 10,000,000 4,536

2C................................................ 11,000,000 4,990

3A................................................ 26,000,000 11,794

3B................................................ 4,000,000 1,814

4A................................................ 1,800,000 816

4B................................................ 2,100,000 953

4C................................................ 700,000 318

4D................................................ 665,000 302

4D-N.............................................. 35,000 16

4E................................................ 100,000 45

------------------------------------------------------------------------

(b) The Commission shall determine and announce to the public the

date on which the catch limit for each regulatory area will be taken

and the specific dates during which fishing will be allowed in each

regulatory area.

will close only when all Individual Vessel Quotas assigned by Canada's

Department of Fisheries and Oceans are taken, or November 15, whichever

is earlier.

(d) If the Commission determines that the catch limit specified in

any regulatory area in paragraph (a) of this section would be exceeded

in an unrestricted 24-hour, 10-hour, or 12-hour fishing period as

specified in Sec. 301.7(b), (c), or (d), the catch limit for that area

shall be considered to have been taken, unless fishing period limits

are implemented.

(e) Notwithstanding paragraph (a) of this section, Areas 3A and 3B

shall both be closed if the catch limit of 30,000,000 pounds (13,608

mt) for the combined areas is taken.

(f) Notwithstanding paragraph (a) of this section, Areas 4A and 4B

shall both be closed if the catch limit of 3,900,000 pounds (1,769 mt)

for the combined areas is taken.

(g) Notwithstanding paragraph (a) of this section, the portion of

Area 4E that is south and east of a line from 58 deg.21'25'' N.

latitude, 163 deg.00'00'' W. longitude to Cape Newenham (at

58 deg.39'00'' N. latitude, 162 deg.10'25'' W. longitude) shall be

closed to fishing for halibut when the Commission determines that 30

percent of the catch limit for Area 4E has been taken from this portion

of Area 4E, except that 50 percent of the unharvested catch limit

remaining on August 1 in the portion of Area 4E that is north and west

of this line will be available for harvest in the portion of Area 4E

that is south and east of this line, subject to the other provisions of

this part.

(h) Notwithstanding paragraph (a) of this section, any catch limit

remaining in subarea 4D-N at the close of the August 12-13 fishing

period, specified in Sec. 301.07 of this part, will be added to the

Area 4D catch limit.

(i) When, under paragraphs (b), (c), (d), (e), (f) or (g) of this

section, the Commission has announced a date on which the catch limit

for a regulatory area will be taken, no person shall fish for halibut

in that area after that date for the rest of the year, unless the

Commission has announced the reopening of that area for halibut

fishing.

Sec. 301.11 Fishing period limits.

(a) It shall be unlawful for any vessel to retain more halibut than

authorized by that vessel's license in any fishing period for which the

Commission has announced a fishing period limit.

(b) The operator of any vessel that fishes for halibut during a

fishing period when fishing period limits are in effect must, upon

commencing an offload of halibut to a commercial fish processor,

completely offload all halibut on board said vessel to that processor

and ensure that all halibut are weighed and reported on State fish

tickets or Federal catch reports.

fishing period when fishing period limits are in effect must, upon

commencing an offload of halibut other than to a commercial fish

processor, completely offload all halibut on board said vessel and

ensure that all halibut are weighed and reported on State fish tickets

or Federal catch reports.

(d) The provisions of paragraph (c) of this section are not

intended to prevent retail over-the-side sales to individual

purchasers, so long as all the halibut on board is ultimately offloaded

and reported.

(e) When fishing period limits are in effect, a vessel's maximum

retainable catch will be determined by the Commission based on:

(1) The vessel's overall length in feet and associated length

class;

(2) The average performance of all vessels within that class; and

(3) The remaining catch limit.

(f) Length classes are shown in the following table:

------------------------------------------------------------------------

Overall length Vessel class

------------------------------------------------------------------------

1-25............................... A

26-30.............................. B

31-35.............................. C

36-40.............................. D

41-45.............................. E

46-50.............................. F

51-55.............................. G

56-+............................... H

------------------------------------------------------------------------

(g) [Reserved]

(h) Notwithstanding paragraph (e) of this section, all vessels

fishing in Area 4C shall be limited to a maximum catch of 10,000 pounds

(4.5 mt) of halibut per fishing period.

(i) Notwithstanding paragraph (e) of this section, all vessels

fishing in subarea 4D-N shall be limited to a maximum catch of 1,000

pounds (0.45 mt) of halibut per fishing period.

(j) Notwithstanding paragraph (e) of this section, all vessels

fishing in Area 4E shall be limited to a maximum catch of 6,000 pounds

(2.7 mt) of halibut per fishing period.

(k) A vessel that fishes during a fishing period when fishing

period limits are in effect must offload its catch before fishing in

any subsequent fishing period.

(l) A vessel that fishes during a fishing period when fishing

period limits are in effect will not be allowed to serve as a tender

until its catch has been landed and sold.

(m) No vessel that fishes for halibut in a regulatory area for

which a fishing period limit is in effect shall fish in any other

regulatory area during that fishing period.

Sec. 301.12 Size limits.

(a) No person shall take or possess any halibut that:

(1) 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 of this part; or

(2) 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 of this part.

(b) No person shall fillet, mutilate, or otherwise disfigure a

halibut in any manner that prevents the determination of the minimum

size of the halibut for the purpose of paragraph (a) of this section.

caught in Area 2A shall possess any halibut that has had its head

removed.

Sec. 301.13 Careful release of halibut.

All halibut in excess of a vessel's fishing period limit, when

fishing period limits as determined or specified in Sec. 301.11 of this

part are in effect, or halibut below the minimum size limit specified

in Sec. 301.12 of this part, shall be immediately released and returned

to the sea with a minimum of injury by:

(a) Hook straightening outboard of the roller;

(b) Cutting the gangion near the hook; or

with a gaff.

Sec. 301.14 Vessel clearance in Area 4.

(a) The operator of any vessel that fishes for halibut in Areas 4A,

4B, 4C, 4D, 4E or subarea 4D-N must obtain a vessel clearance before

such fishing in each such area and fishing period that applies, and

before the unloading of any halibut caught in said areas and fishing

periods, unless specifically exempted in paragraphs (h), (i), (j), or

(k) of this section.

(b) The vessel clearances required under paragraph (a) of this

section for Areas 4A, 4C, 4D, 4E or subarea 4D-N may be obtained only

at Dutch Harbor or Akutan, AK, from a fishery officer of the United

States, a representative of the Commission or a designated fish

processor.

section for Area 4B may only be obtained at Nazan Bay on Atka Island,

AK, from a fishery officer of the United States, a representative of

the Commission or a designated fish processor.

(d) The vessel operator shall specify the specific fishing period

and regulatory area in which fishing will take place.

(e) Vessel clearances required under paragraph (a) of this section

prior to fishing in Area 4 shall be obtained within the 120-hour period

before each of the openings in that Area, between 0800 and 1800 hours,

local time.

(f) No halibut shall be on board at the time of clearance required

by paragraph (e) of this section.

(g) Vessel clearances required under paragraph (a) of this section

after fishing in Area 4 shall be obtained within the 120-hour period

after each of the closings in that Area, between 0800 and 1800 hours,

local time.

(h) Any vessel that is used to fish for halibut only in Area 4B and

lands its total annual halibut catch at a port within Area 4B is exempt

from the clearance requirements of paragraph (a) of this section.

(i) Any vessel that is used to fish for halibut only in Area 4C and

lands its total annual halibut catch at a port within Area 4C is exempt

from the clearance requirements of paragraph (a) of this section.

(j) Any vessel that is used to fish for halibut only in Area 4E and

lands its total annual halibut catch at a port within Area 4E, or the

closed area defined in Sec. 301.9 of this part is exempt from the

clearance requirements of paragraph (a) of this section.

(k) Any vessel that is used to fish for halibut only in subarea 4D-

N and lands its total annual halibut catch at a port within subarea 4D-

N is exempt from the clearance requirements of paragraph (a) of this

section.

Sec. 301.15 Logs.

(a) The operator of any vessel that is 5 net tons (4.5 mt) or

greater shall keep an accurate log of all halibut fishing operations

including the date, locality, amount of gear used, and total weight of

halibut taken daily in each locality.

(b) The log referred to in paragraph (a) of this section shall be:

(1) Separate from other records maintained on board the vessel;

(2) Updated not later than 24 hours after midnight local time for

each day fished and prior to the offloading or sale of halibut taken

during that fishing period;

(3) Retained for a period of 2 years by the owner or operator of

the vessel;

(4) Open to inspection by a fishery officer or any authorized

representative of the Commission upon demand; and

(5) Kept on board the vessel when engaged in halibut fishing,

during transits to port of landing, and for 5 days following offloading

halibut.

by the vessel operator, his crew members, or any other person for

personal use, shall be recorded in the vessel's log within 24 hours of

offloading.

(d) No person shall make a false entry in a log referred to in this

section.

Sec. 301.16 Receipt and possession of halibut.

(a) No person shall receive halibut from a U.S. vessel that does

not have the license required by Sec. 301.3 of this part on board.

(b) A person who purchases or otherwise receives halibut from the

owner or operator of the vessel from which that halibut was caught,

either directly from that vessel or through another carrier, shall

record each such purchase or receipt on State fish tickets or Federal

catch reports, showing the date, locality, name of vessel, Commission

license number (United States), and the name of the person from whom

the halibut was purchased or received and the amount in pounds

according to trade categories of the halibut.

the owner or operator of a vessel that was engaged in fishing for

halibut during a fishing period when fishing periods were in effect

must accept and weigh all halibut on board said vessel at the time

offloading commences, report on State fish tickets or Federal catch

reports the weight of halibut offloaded, and prior to purchasing the

halibut, report to NMFS poundage in excess of a fishing period limit.

(d) No person shall make a false entry on a State fish ticket or

Federal catch report referred to in paragraphs (b) and (c) of this

section.

(e) A copy of the fish tickets or catch reports referred to in

paragraphs (b) and (c) of this section shall be:

(1) Retained by the person making them for a period of 2 years from

the date the fish tickets or catch reports are made; and

(2) Open to inspection by a fishery officer or any authorized

representative of the Commission.

(f) No person shall possess any halibut that he or she knows to

have been taken in contravention of this part.

(g) When halibut are delivered to other than a commercial fish

processor or primary fish buyer, the records required by paragraphs (b)

and (c) of this section shall be maintained by the operator of the

vessel from which that halibut was caught, in compliance with paragraph

(e) of this section.

(h) It shall be unlawful to enter a Commission license number on a

State fish ticket for any vessel other than the vessel actually used in

catching the halibut reported thereon.

Sec. 301.17 Fishing gear.

(a) No person shall fish for halibut using any gear other than hook

and line gear.

(b) No person shall possess halibut taken with any gear other than

hook and line gear.

carrying any trawl nets or fishing pots capable of catching halibut.

(d) All setline or skate marker buoys carried on board or used by

any U.S. vessel used for halibut fishing shall be marked with one of

the following:

(1) The vessel's name;

(2) The vessel's state license number; or

(3) The vessel's registration number.

(e) The markings specified in paragraph (d) of this section shall

be in characters at least 4 inches (10.2 cm) in height and one-half

inch (1.3 cm) in width in a contrasting color visible above the water

and shall be maintained in legible condition.

(f) All setline or skate marker buoys carried on board or used by a

Canadian vessel used for halibut fishing shall be:

(1) Floating and visible on the surface of the water; and

(2) Legibly marked with the identification plate number of the

vessel engaged in commercial fishing from which that setline is being

operated.

(g) No person on board a vessel from which setline gear was used to

fish for any species of fish anywhere in waters described in

Sec. 301.5(a) during the 72-hour period immediately before the opening

of a halibut fishing period shall catch or possess halibut anywhere in

those waters during that halibut fishing period.

(h) No vessel from which setline gear was used to fish for any

species of fish anywhere in waters described in Sec. 301.5(a) of this

part during the 72-hour period immediately before the opening of a

halibut fishing period may be used to catch or possess halibut anywhere

in those waters during that halibut fishing period.

(i) Notwithstanding paragraphs (g) and (h) of this section, the 72-

hour fishing restriction preceding a halibut fishing period shall not

apply to persons and vessels fishing for halibut in Areas 4B, 4C, 4E

and subarea 4D-N as described in Sec. 301.6 (g), (h), (j), and (k) when

the closed period prior to the scheduled fishing period is less than 72

hours in duration.

(j) No person shall fish for halibut from a vessel that is equipped

with, or that possesses on board, an automated hook stripper.

(k) No person shall possess halibut on a vessel that is equipped

with, or that possesses on board, an automated hook stripper.

Sec. 301.18 Retention of tagged halibut.

(a) Nothing contained in this part prohibits any vessel at any time

from retaining and landing a halibut that bears a Commission tag at the

time of capture, if the halibut with the tag still attached is reported

at the time of landing and made available for examination by a

representative of the Commission or by a fishery officer.

(b) After examination and removal of the tag by a representative of

the Commission or a fishery officer, the halibut:

(1) May be retained for personal use; or

(2) May be sold if it complies with the provisions of Sec. 301.12.

Sec. 301.19 Supervision of unloading and weighing.

The unloading and weighing of halibut may be subject to the

supervision of fishery officers to assure the fulfillment of the

provisions of this part.

Sec. 301.20 Fishing by U.S. treaty Indian tribes.

(a) Except as provided in this section, all regulations of the

Commission in this part apply to halibut fishing in subarea 2A-1 by

members of U.S. treaty Indian tribes located in the State of

Washington.

(b) For purposes of this part, U.S. treaty Indian tribes means the

Hoh, Jamestown Klallam, Lower Elwha Klallam, Lummi, Makah, Port Gamble

Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish, and

Tulalip tribes.

that are north of latitude 46 deg.53'18'' N. and east of longitude

125 deg.44'00'' W., and all inland marine waters of Washington.

(d) Commercial fishing for halibut in subarea 2A-1 is permitted

with hook and line gear from March 1 through October 31, or until

176,500 pounds (80.1 mt) is taken, whichever occurs first.

(e) Fishing periods established under this section shall begin and

terminate at such times as may be set by treaty Indian tribal

regulations.

(f) Ceremonial and subsistence fishing for halibut in subarea 2A-1

is permitted with hook and line gear from January 1 to December 31, and

is estimated to take 16,000 pounds (7.3 mt).

(g) The 72-hour fishing restriction preceding the opening of a

halibut fishing period specified in Sec. 301.17(h) and (i) of this part

shall not apply to U.S. treaty Indian tribes specified in this section

while fishing in subarea 2A-1.

(h) No size or bag limits shall apply to the ceremonial and

subsistence fishery except that when commercial halibut fishing is

prohibited pursuant to paragraph (d) of this section, treaty Indians

may take and retain not more than two halibut per person per day.

(i) Halibut taken for ceremonial and subsistence purposes shall not

be offered for sale, or sold.

(j) All halibut sold by treaty Indians during the commercial

fishing season specified in paragraph (d) of this section shall comply

with the provisions of Sec. 301.12.

(k) Any member of a U.S. treaty Indian tribe as defined in

paragraph (b) of this section, who is engaged in commercial, or

ceremonial and subsistence fishing under this part must have on his or

her person a valid treaty Indian identification card issued pursuant to

25 CFR part 249, subpart A, and must comply with the treaty Indian

vessel and gear identification requirements of Final Decision No. 1 and

subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974).

(l) The following table sets forth the fishing areas of each of the

12 U.S. treaty Indian tribes fishing pursuant to this section. Within

subarea 2A-1, boundaries of a tribe's fishing area may be revised as

ordered by a Federal court.

TRIBE and Boundaries

HOH--Between 47 deg.54'18'' N. lat. (Quillayute River) and

47 deg.21'00'' N. lat. (Quinault River), and east of 125 deg.44'00'' W.

long.

Jamestown Klallam--Those locations in the Strait of Juan de Fuca and

Puget Sound as determined in or in accordance with Final Decision No. 1

and subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 626 F. Supp. 1486, to be places

at which the Jamestown Klallam Tribe may fish under rights secured by

treaties with the United States.

Lower Elwha Klallam--Those locations in the Strait of Juan de Fuca and

Puget Sound as determined in or in accordance with Final Decision No. 1

and subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 459 F. Supp. 1049 and 1066 and

626 F. Supp. 1443, to be places at which the Lower Elwha Klallam Tribe

may fish under rights secured by treaties with the United States.

Lummi--Those locations in the Strait of Juan de Fuca and Puget Sound as

determined in or in accordance with Final Decision No. 1 and subsequent

orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash.

1974), and particularly at 384 F. Supp. 360, as modified in

Subproceeding No. 89-08 (W.D. Wash. February 13, 1990) (decision and

order re: cross-motions for summary judgement), to be places at which

the Lummi Tribe may fish under rights secured by treaties with the

United States.

Makah--North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west of

123 deg.42'30'' W. long., and east of 125 deg.44'00'' W. long.

Port Gamble Klallam--Those locations in the Strait of Juan de Fuca and

Puget Sound as determined in or in accordance with Final Decision No. 1

and subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 626 F. Supp. 1442, to be places

at which the Port Gamble Klallam Tribe may fish under rights secured by

treaties with the United States.

Quileute--Between 48 deg.07'36'' N. lat. (Sand Point) and

47 deg.31'42'' N. lat. (Queets River), and east of 125 deg.44'00'' W.

long.

Quinault--Between 47 deg.40'06'' N. lat. (Destruction Island) and

46 deg.53'18'' N. lat. (Point Chehalis), and east of 125 deg.44'00'' W.

long.

Skokomish--Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final Decision No. 1 and

subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 384 F. Supp. 377, to be places

at which the Skokomish Tribe may fish under rights secured by treaties

with the United States.

Suquamish--Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final Decision No. 1 and

subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places

at which the Suquamish Tribe may fish under rights secured by treaties

with the United States.

Swinomish--Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final Decision No. 1 and

subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places

at which the Swinomish Tribe may fish under rights secured by treaties

with the United States.

Tulalip--Those locations in the Strait of Juan de Fuca and Puget Sound

as determined in or in accordance with Final Decision No. 1 and

subsequent orders in United States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), and particularly at 626 F. Supp. 1531-1532, to be

places at which the Tulalip Tribe may fish under rights secured by

treaties with the United States.

Sec. 301.21 Sport fishing for halibut.

(a) No person shall engage in sport fishing for halibut using gear

other than a single line with no more than two hooks attached; or a

spear.

(b) In all waters off Alaska:

(1) The sport fishing season is from February 1 to December 31;

(2) The daily bag limit is two halibut of any size per person per

day.

(1) The sport fishing season is from February 1 to December 31;

(2) The daily bag limit is two halibut of any size per day per

person.

(d) In all waters off California, Oregon, and Washington:

(1) The total allowable catch of halibut shall be limited to:

(i) 109,037 pounds (49.5 mt) north of Cape Falcon (45 deg.46'00''

N. latitude), and

(ii) 69,713 pounds (31.6 mt) south of Cape Falcon.

(2) The sport fishing areas, area sub-quotas, fishing dates, and

daily bag limits implemented by NMFS are as follows except as modified

under the inseason actions in paragraph (d)(3) of this section.

(i) In Puget Sound and the U.S. waters in the Strait of Juan de

Fuca, east of a line from the lighthouse on Bonilla Point on Vancouver

Island, British Columbia (48 deg.35'44'' N. latitude, 124 deg.43'00''

W. longitude) to the buoy adjacent to Duntze Rock (48 deg.24'55'' N.

latitude, 124 deg.44'50'' W. longitude) to Tatoosh Island lighthouse

(48 deg.23'30'' N. latitude, 124 deg.44'00'' W. longitude) to Cape

Flattery (48 deg.22'55'' N. latitude, 124 deg.43'42'' W. longitude),

there is no sub-quota. This area is managed based on a season that is

projected to take 35,328 pounds (16.0 mt).

(A) The fishing season is May 2 through July 5, 6 days a week

(closed Wednesdays).

(B) The daily bag limit is one halibut of any size per day per

person.

(ii) In the area off the north Washington coast, west of the line

described in paragraph (d)(2)(i) of this section and north of the

Queets River (47 deg.31'42'' N. latitude), the sub-quota is 68,039

pounds (30.9 mt).

(A) The fishing season commences on May 3 and continues 5 days a

week (Tuesday through Saturday) through September 30 or until the

68,039 pounds (30.9 mt) sub-quota is estimated to have been taken and

the season is closed by the Commission, whichever occurs first.

(B) The daily bag limit is one halibut of any size per day per

person.

portion of this area about 19.5 nautical miles (36 km) southwest of

Cape Flattery. The closed area is defined as the area within a

rectangle defined by these four corners: 48 deg.17'00'' N. latitude and

125 deg.10'00'' W. longitude; 48 deg.17'00'' N. latitude and

125 deg.00'00'' W. longitude; 48 deg.05'00'' N. latitude and

125 deg.10'00'' W. longitude; and, 48 deg.05'00'' N. latitude and

125 deg.00'00'' W. longitude.

(iii) In the area between the Queets River, WA, and Cape Falcon, OR

(45 deg.46'00'' N. latitude), there is no sub-quota. This area is

managed based on a season that is projected to take 5,670 pounds (2.6

mt).

(A) The fishing season is open 1 day per week, on Thursday, on June

2 and June 9.

(B) The daily bag limit is one halibut of any size per day per

person.

(iv) In the area off Oregon between Cape Falcon and the California

border (42 deg.00'00'' N. latitude), the sub-quota is 67,900 pounds

(30.8 mt).

(A) The fishing seasons are:

(1) Commencing May 4 and continuing 5 days a week (Wednesday

through Sunday) until 53,641 pounds (24.3 mt) are estimated to have

been taken and the season is closed by the Commission;

(2) Commencing the day following the closure of the season in

paragraph (d)(2)(iv)(A)(1) of this section, and continuing 7 days a

week through August 5, in the area inside the 30-fathom curve nearest

to the coastline as plotted on National Ocean Service charts numbered

18520, 18580, and 18600 from Cape Falcon to the California border, or

until 2,716 pounds (1.2 mt) are estimated to have been taken (except

that any poundage remaining unharvested after the earlier season will

be added to this season) and the season is closed by the Commission,

whichever is earlier; and

(3) August 6 through September 30, 5 days a week (Wednesday through

Sunday), or until a total of 67,900 pounds (30.8 mt) for this area are

estimated to have been taken and the season is closed by the

Commission, whichever is earlier.

(B) The daily bag limit is two halibut, one with a minimum overall

size limit of 32 inches (81.3 cm) and the second with a minimum overall

size limit of 50 inches (127.0 cm).

(v) In the area off the California coast, there is no sub-quota.

This area is managed based on a season that is projected to take 1,813

pounds (0.8 mt).

(A) The fishing season in this area is May 1 through September 30,

7 days a week.

(B) The daily bag limit is one halibut with a minimum overall size

limit of 32 inches (81.3 cm).

(3) Flexible inseason management provisions in Area 2A. (i) The

Regional Director, NMFS Northwest Region, after consultation with the

Chairman of the Pacific Fishery Management Council, the Commission

Executive Director, and the Fisheries Director(s) of the affected

state(s), is authorized to modify regulations during the season after

determining that such action:

(A) Is necessary to allow allocation objectives to be met; and

(B) Will not result in exceeding the catch limit established

preseason for each area.

(ii) Flexible inseason management provisions include, but are not

limited to, the following:

(A) Modification of sport fishing periods;

(B) Modification of sport fishing bag limits;

(D) Modification of sport fishing days per calendar week.

(iii) Notice procedures. (A) Actions taken under paragraph (d)(3)

of this section will be published in the Federal Register.

(B) Actual notice of inseason management actions will be provided

by a telephone hotline administered by the Northwest Region, NMFS, at

800-662-9825 (May through September) and by U.S. Coast Guard

broadcasts. These broadcasts are announced on Channel 16 VHF-FM and

2182 kHz at frequent intervals. The announcements designate the channel

or frequency over which the Notice to Mariners will be immediately

broadcast. Since provisions of these regulations may be altered by

inseason actions, sport fishermen should monitor either the telephone

hotline or U.S. Coast Guard broadcasts for current information for the

area in which they are fishing.

(iv) Effective dates. (A) Any action issued under paragraph

(d)(3)(iii) of this section is effective on the date specified in the

publication or at the time that the action is filed for public

inspection with the Office of the Federal Register, whichever is later.

(B) If time allows, NMFS will invite public comment prior to the

effective date of any inseason action filed with the Federal Register.

If the Regional Director determines, for good cause, that an inseason

action must be filed without affording a prior opportunity for public

comment, public comments will be received for a period of 15 days after

the filing of the action with the Federal Register.

section will remain in effect until the stated expiration date or until

rescinded, modified, or superseded. However, no inseason action has any

effect beyond the end of the calendar year in which it is issued.

(v) Availability of data. The Regional Director will compile in

aggregate form all data and other information relevant to the action

being taken and will make them available for public review during

normal office hours at the Northwest Regional Office, NMFS, Fisheries

Management Division, 7600 Sand Point Way NE., Seattle, WA.

(4) The Commission shall determine and announce closing dates to

the public for any area in which the sub-quotas under paragraph (d)(2)

of this section are estimated to have been taken.

(5) When the Commission has determined that a sub-quota under

paragraph (d)(2) of this section is estimated to have been taken, and

has announced a date on which the season will close, no person shall

sport fish for halibut in that area after that date for the rest of the

year, unless a reopening of that area for sport halibut fishing is

scheduled under paragraph (d)(2) or (d)(3) of this section, or

announced by the Commission.

(e) Any minimum overall size limit in this section 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.

(f) No person shall fillet, mutilate, or otherwise disfigure a

halibut in any manner that prevents the determination of minimum size

or the number of fish caught, possessed, or landed.

(g) The possession limit for halibut in the waters off the coast of

Alaska is two daily bag limits.

(h) The possession limit for halibut in the waters off British

Columbia, Washington, Oregon, and California is the same as the daily

bag limit.

(i) Any halibut brought aboard a vessel and not immediately

returned to the sea with a minimum of injury will be included in the

daily bag limit of the person catching the halibut.

(j) No person shall be in possession of halibut on a vessel while

fishing in a closed area.

(k) No halibut caught by sport fishing shall be offered for sale,

sold, traded, or bartered.

(l) No halibut caught in sport fishing shall be possessed on board

a vessel when other fish or shellfish aboard the said vessel are

destined for commercial use, sale, trade, or barter.

(m) The operator of a charter vessel shall be liable for any

violations of this part committed by a passenger aboard said vessel.

Sec. 301.22 Previous regulations superseded.

This part shall supersede all previous regulations of the

Commission, and this part shall be effective each succeeding year until

superseded.

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[FR Doc. 94-10410 Filed 4-29-94; 8:45 am]

BILLING CODE 3510-22-C

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.