Pacific Halibut Fisheries; Catch Sharing Plan

Federal RegisterMar 20, 1995

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 950106003-5070-02; I.D. 121994A]

RIN 0648-AH01

Pacific Halibut Fisheries; Catch Sharing Plan

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: NMFS, on behalf of the International Pacific Halibut

Commission (IPHC), publishes regulations governing the Pacific halibut

fishery implemented by the IPHC and approved by the Secretary of State.

NMFS also approves catch limits for Areas 2A and 2C, approves

regulations implementing a catch sharing plan for Area 2A, and repeals

three regulations for Area 4. This final rule is intended to enhance

the conservation of the Pacific halibut stock and to rebuild and

sustain it in the northern Pacific Ocean and Bering Sea.

EFFECTIVE DATE: March 15, 1995.

ADDRESSES: NMFS Alaska Regional Office, 709 W 9th Street, P.O. Box

21668, Juneau, AK 99802-1668, telephone: 907-586-7228; NMFS Northwest

Regional Office, Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 98115-

0070, telephone: 206-586-6140.

FOR FURTHER INFORMATION CONTACT: Aven Andersen, 907-586-7228, or Joe

Scordino, 206-526-6140.

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 (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), has

implemented new regulations governing the Pacific halibut fishery in

1995. The Secretary of State of the United States has accepted the IPHC

regulations under section 4 of the Northern Pacific Halibut Act

(Halibut Act, 16 U.S.C. 773-773k). However, the IPHC did not adopt 1995

catch limits for any portion of Area 2. Therefore, the United States is

adopting catch limits for Areas 2A and 2C, which are implemented under

domestic rule as described herein.

On behalf of the IPHC, the approved IPHC regulations are published

in the Federal Register to provide notice of their effectiveness, and

to inform persons subject to the regulations of the restrictions and

requirements. The IPHC held its annual meeting on January 23-26, 1995,

in Victoria, British Columbia, and adopted regulations for 1995. The

substantive changes to the previous IPHC regulations (59 FR 22522, May

2, 1994) include: (1) New catch limits for all areas except Areas 2A

and 2C; (2) a commercial fishing season opening on March 15 and closing

November 15 for all areas except 2A, which has specific 1-day openings;

(3) repeal of a prohibition on automated hook strippers; (4)

elimination of Area 4D-N; (5) a requirement that halibut be dressed

before offloading; and (6) revisions to the Area 4 clearance

requirements. In addition, because the non Indian directed commercial

fishery in Area 2A is likely to exceed the subquota for this fishery

during the first 10-hour opening, the IPHC announced that it would

impose vessel trip limits. However, because it was unknown at the time

of the meeting 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 subquota prior to the July 5

opening, when better information will be available on the number of

vessels that may participate in the fishery.

The U.S. and Canadian Commissioners were unable to agree upon new

catch limits for Area 2, which includes all waters off Canada (Area

2B), waters off southeast Alaska (Area 2C), and waters off Washington,

Oregon, and California (Area 2A). However, the U.S. and Canadian

Commissioners expressed a joint commitment to adopt domestic catch

limits for their respective portions of Area 2 to ensure conservation

of the halibut stock. Without domestic action, the Area 2

[[Page 14652]] catch limits for the 1994 halibut fisheries would remain

in effect for 1995. The 1994 catch limits for Areas 2C and 2A of

11,000,000 lb (4,990 mt) and 550,000 lb (249.5 mt), respectively, are

higher than the catch limits recommended by the U.S. Commissioners for

1995. The lower catch limits were recommended by the U.S. Commissioners

based on recent stock assessments, because of a continuing decline in

the abundance of halibut, and the need to reduce catch limits to

conserve the stock. Based on this recommendation and the findings in

the February 1995 Environmental Assessment (EA) prepared on these catch

limits, the NOAA Assistant Administrator for Fisheries (AA) approves

the catch limits of 520,000 lb (235.9 mt) in Area 2A and 9,000,000 lb

(4,082 mt) in Area 2C recommended by the U.S. Commissioners at the IPHC

meeting. Canada is expected to adopt a 9,520,000 lb (4,318 mt) total

allowable catch (TAC) level for Area 2B as recommended by the Canadian

Commissioners. Copies of the EA are available from NMFS (see

ADDRESSES).

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

Secretary of Commerce (Secretary) shall have general responsibility to

carry out the Convention, 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

councils 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. Regulations developed by the councils may be implemented

only with the Secretary's approval. Under this authority, NOAA

requested the Pacific and North Pacific Fishery Management Councils to

allocate halibut catches should allocation be necessary.

Repeal of Unnecessary Regulations

NMFS repeals three regulations that were necessary during the past

open access fishery in waters off Alaska, but that have been made

unnecessary by provisions of the individual fishing quota (IFQ) program

(50 CFR part 676) that will govern the fishery for the first time this

year. The North Pacific Fishery Management Council (NPFMC) recommended

the repeal of these regulations at its December 1994 meeting. NMFS

issues this final rule repealing them before the start of the 1995

Alaska commercial halibut fishery. Regulations implementing the IFQ

program were published on November 9, 1993 (58 FR 59375). They since

have been amended at 59 FR 28281, June 1, 1994; 59 FR 43502, August 24,

1994 (corrected at 59 FR 51874, October 13, 1994); and 59 FR 51135,

October 7, 1994.

First, NMFS repeals Sec. 301.7(f), a regulation that (1) closes

Area 4B to commercial halibut fishing when the commercial harvest

amounts to 315,000 lb (143 mt), and (2) withholds the remainder of that

area's harvest limit until the fishery reopens on August 15. NMFS, at

the recommendation of the NPFMC, implemented these provisions to

provide summer fishing opportunities for operators of small vessels

that catch and land all their halibut in Area 4B, which, in an open-

access fishery, are at a competitive disadvantage with the operators of

larger vessels that catch and land halibut in other areas as well as in

Area 4B (59 FR 27241, May 26, 1994).

Second, NMFS removes Sec. 301.10(g), which (1) divides Area 4E into

a southeast part and a northwest part, (2) provides for a test fishery

in the southeast part, (3) closes the southeast part when 30 percent of

the total Area 4E quota has been harvested from the southeast part, and

(4) transfers 50 percent of the amount of the quota remaining in the

northwest part, as of August 1, to the quota of the southeast part.

NMFS, on the recommendation of the NPFMC, implemented this provision in

1991 to ensure that, in the open access fishery, the small-boat

fisheries of Nelson Island and Nunivak Island would have an opportunity

for an equitable share of the harvest in Area 4E (56 FR 19617, April

29, 1991).

Third, NMFS removes three paragraphs of Sec. 301.11 regarding trip

harvest limits. Section 301.11(g) limits all vessels fishing in Area 4B

to a maximum catch of 10,000 lb (4.5 mt) per fishing period from June 6

through August 14; Sec. 301.11(h) limits all vessels fishing in Area 4C

to a maximum catch of 10,000 lb (4.5 mt) of halibut per fishing period;

and Sec. 301.11(j) limits all vessels fishing in Area 4E to a maximum

catch of 6,000 lb (2.7 mt) of halibut per fishing period. NMFS, on the

recommendation of the NPFMC, implemented these provisions to (1)

enhance fishing opportunities for operators of vessels that land their

total annual catch within Area 4B (59 FR 22522, May 2, 1994); (2)

enhance the economic development of the Pribilof Islands (55 FR 23085,

June 6, 1990), and (3) increase the competitive advantage of the small

vessels that catch and land their halibut exclusively in Area 4B (59 FR

27241, May 26, 1994).

The IFQ program provides each permitted fisher with an individual

share of the harvest limit for a fishing area, which the fisher may

harvest anytime during the fishing season that he or she deems to be

the safest and most economical. Thus, the IFQ program eliminates the

need for regulations, such as harvest limits per fishing period,

intended to equalize the competitive abilities of fishers. In addition,

community development quota (CDQ) allocations under the IFQ program

will provide special economic benefits to resident fishers in Area 4.

Hence, these regulations would impose an economic hardship on some

fishers under the IFQ program. For example, a fisher with an IFQ or CDQ

allocation amounting to 17,637 lb (8 mt) for Area 4B would be unable to

harvest his or her entire allocation if the existing regulations are

not removed. Thus, the regulation is unnecessary, because it has been

superseded by provisions of the IFQ program, and it would be burdensome

on fishers if it were not removed. The same reasoning applies to the

other paragraphs removed by this final rule.

NMFS has prepared a regulatory impact review (RIR) for this action.

It concludes that the action would have no significant economic or

social impacts, is not a significant regulatory action as defined by

E.O. 12866, requires no new reporting requirements, would not increase

administrative or enforcement costs, and would not substantially alter

the current management process. A copy of the RIR may be obtained from

the NMFS Alaska Regional Office (see ADDRESSES).

Catch Sharing Plan

The PFMC has prepared catch sharing plans since 1988 to allocate

the TAC of Pacific halibut among treaty Indian, non-Indian commercial,

and non-Indian sport fisheries in Area 2A off Washington, Oregon, and

California. For 1995 and beyond, the PFMC recommended revisions only to

the allocations within the non-Indian fisheries, leaving the treaty

Indian share of 35 percent of the Area 2A TAC the same as for 1994. The

PFMC's recommended Catch Sharing Plan for 1995 and Beyond (Plan)

divides the non-Indian harvest into three shares with the sport fishery

north of the Columbia River receiving 36.6 percent, the sport fishery

south of the Columbia River receiving 31.7 percent, and the commercial

fishery receiving 31.7 percent. The recommended Plan also contains a

number of management [[Page 14653]] measures including restricting the

non-Indian commercial fishery to the area south of Subarea 2A-1 (south

of the treaty Indian tribes' usual and accustomed fishing area). A

complete description of the proposed Plan, background information on

development and rationale for the Plan, and the proposed regulations

necessary to implement the Plan were published in the Federal Register

on January 12, 1995 (60 FR 2925) with a request for public comments.

This action responds to public comments on the proposed Plan and

proposed implementing regulations and announces approval of the final

Plan, and final implementing regulations. Comments and Responses on the

Proposed Plan and the Proposed Rule.

NMFS received six letters from the public with comments on the

proposed Plan and one letter with comments on the proposed sport

regulations. One letter from the Oregon Department of Fish and Wildlife

(ODFW) expressed support for the Plan and five letters from commercial

fishery interests were opposed. The one letter with comments on the

proposed sport regulations was from Washington Department of Fish and

Wildlife (WDFW) and was based on input the State received from sport

fishing representatives at a public workshop on the Pacific halibut

sport fishery on February 3, 1995. The comments are summarized below

with responses.

Comment 1: ODFW supports approval of the Plan, because it provides

a better balance between resource harvest and resource distribution.

Available scientific information indicates that most (as high as 70

percent) of the halibut in Area 2A are found south of subarea 2A-1;

however, for many years, the harvests south of subarea 2A-1 have

averaged 30 to 35 percent of the TAC but those harvest do not reflect

the abundance and distribution of halibut available to Oregon and

California fishers.

Response: The Plan increases the allocation to sport fisheries off

Oregon and California by about 8 percent over 1994 (from about 12.7

percent of the Area 2A TAC in 1994 to 20.6 percent in 1995). The Plan

also closes the non-Indian directed commercial fishery north of subarea

2A-1. The PFMC recommended this shift in harvests to the south to

provide a broader distribution of harvests in Area 2A that is more

consistent with the distribution of halibut biomass in Area 2A.

Comment 2: The reallocation from commercial to sport fishery would

unreasonably and unfairly terminate a 106-year-old commercial longline

fishery north of Willapa Bay.

Response: The Plan does reduce the allocation to the commercial

fishery from 50 percent of the non-Indian allocation to 31.7 percent

and does shift the location of the directed (traditional) commercial

halibut fishery south of Willapa Bay. Participation in the Area 2A

halibut fishery by non-Indian commercial and sport users has increased

and the potential harvests by both groups have had to be severely

restricted in recent years to prevent quota overages. The continued

need to reduce fishing effort and fishing opportunity prompted the PFMC

to review the overall allocations to determine what changes could be

made to preserve the viability of some of the Area 2A halibut fisheries

over the long term. Because halibut quotas are expected to be low and

not sufficient to fulfill the needs of all user groups for the near

future, the PFMC has placed a high priority on maintaining viable sport

fisheries and the coastal community businesses supported by sport

fisheries in developing its allocation recommendations.

Comment 3: The basis for the PFMC's recommendation was an economic

analysis that was fundamentally flawed with respect to treatment of

economic contributions of the commercial and sport sectors of the

fishery. That analysis, an EA/RIR, includes data on the numbers of

commercial vessels in the fishery, but does not include comparable

information on charterboats.

Response: Concerns about the economic analysis were raised by the

Fishing Vessel Owners' Association at the PFMC's Halibut Advisory

Subpanel meeting in July 1994 and at the PFMC's public meeting in

October 1994, and the author of the analysis did address the concerns

at these meetings. The EA/RIR contained the best available information

on all sectors of the halibut fishery in Area 2A including catches by

charterboats. Although the PFMC did review and consider economic

aspects of the revised allocations, such information was not the

primary basis for its recommendation. The PFMC placed a high priority

on maintaining viable sport fisheries and the coastal community

businesses supported by sport fisheries in developing the allocation

recommendations.

Comment 4: Small longline commercial vessels will not be able to

safely and reasonably transit from Neah Bay or Westport to the area

open to commercial fishing south of Willapa Bay. Larger boats would

have to absorb the additional time and expense of fishing in southern

waters.

Response: NMFS acknowledges that this action may reduce the number

of commercial vessels operating in this fishery; however, with the need

to reduce fishing effort and shift harvests into areas of halibut

biomass, it is not possible to accommodate the entire fleet that would

like to fish off the northern Washington coast.

Comment 5: The PFMC failed to analyze other reasonable alternatives

such as a system of individual fishing quotas based on historical

landings.

Response: Various alternatives and options for allocation between

and within commercial and sport sectors were considered, analyzed and

discussed by the PFMC over the course of five public meetings from

September 1993, when the PFMC decided to consider all aspects of the

halibut allocation issue and to develop a multi-year plan for 1995 and

beyond, through adoption of a final Plan at the PFMC's October 1994

public meeting. At its November 1993 public meeting, the PFMC did

discuss transferable Individual Quotas (IQs) for the non-Indian

commercial halibut fishery including transfer of IQs to sport users in

2A. As described in the EA/RIR, the PFMC, in developing the IQ program

for fixed gear sablefish, initially included Pacific halibut. However,

as the PFMC proceeded with the development of the fixed-gear IQ

program, it decided that its limited resources would best be spent in

development of the IQ program for the much larger sablefish fishery.

The halibut fishery was sufficiently different not to be included with

the sablefish fishery. An IQ program was identified for halibut

allocations in 1995 and beyond, and the PFMC advised the commercial

fishing industry to take the lead in establishing a committee to

develop a proposal for PFMC consideration.

Comment 6: The Halibut Act requires that any limited entry scheme

be consistent with section 303(b)(6) of the Magnuson Act.

Response: This action is not a limited-entry scheme. It does not

place direct limits on who can participate, rather it reallocates among

groups and shifts the area of participation.

Comment 7: The Halibut Act requires that any allocation be

reasonably calculated to promote conservation.

Response: The potential Pacific halibut harvest in Area 2A by

either the non-Indian commercial fishery or the sport fishery can

easily exceed the non-Indian allocation, thereby exceeding the overall

Area 2A quota, which could result in conservation problems for the

halibut resource in Area 2A. All of the [[Page 14654]] quotas are

calculated to promote conservation.

Comment 8: The PFMC recommended prohibiting double-dipping by

commercial vessels that also may fish in the sport fishery, but did not

address multiple access by the charterboat fishery.

Response: The Plan prohibits commercial fishing for halibut from

any vessel that participates in the sport fishery for halibut in Area

2A and vice versa. This includes charter boats. The PFMC is concerned

that increased numbers of charterboat vessels operating in the sport

fishery will also participate in the commercial fishery in Area 2A. The

PFMC considers this double-dipping into both commercial and sport

allocations as inconsistent with its intent to provide separate quotas

and opportunity for each harvesting sector to utilize its allocation.

Because the potential fishing effort and harvests far exceed what the

resource can accommodate, the PFMC is trying to allocate fairly among

various groups.

Comment 9: There is no net economic benefit, from either a national

or local perspective, demonstrated by the reallocation.

Response: The analysis in the EA/RIR indicates varying losses/gains

on the alternatives considered by the PFMC in terms of net economic

value, local personal income, or state level income with the principal

result of the allocations being distributional shifts. As noted above,

although the PFMC did consider economic aspects of the revised

allocations, such information was not the primary basis for its

recommendation. The PFMC concluded that the best use for the limited

halibut resource in Area 2A was to stabilize the recreational fishery

while allowing some commercial harvest.

Comment 10: The PFMC did not follow a procedure that allowed for

public input.

Response: As described above, the PFMC considered and discussed

allocation options over the course of five public meetings, during

which descriptions and analyses of the options were provided to the

public and public input was received both orally and in writing.

Comment 11: The change in fishing boundary will disrupt the

collection of data on the catch per unit-of-effort needed to manage the

halibut stock.

Response: Although catch and effort data cannot be derived from

non-Indian commercial harvests in the closed area in the future, the

same data will continue to be collected from the commercial fisheries

in the open area as well as from tribal commercial fisheries in the

closed area.

Comment 12: The proposed geographic redistribution of harvest is

not based on a conservation concern.

Response: NMFS agrees that the harvest shift was not necessitated

by a conservation concern. See response to Comment 1.

Comment 13: The PFMC did not consider the findings of the Halibut

Advisory Subpanel (HAS), which had nearly agreed on an option to

allocate 40 percent of the TAC to commercial users and 60 percent to

sport users.

Response: The PFMC did not adopt the recommendations of the HAS,

but it considered them before it made its decision. The decision is

fully supported by the record.

Comment 14: Why did salmon trollers receive 15 percent of the non-

Indian commercial allocation?

Response: In the mid-1980's, quota reductions and increased fishing

effort caused constraints on the commercial fishery, reducing it from

multi-day seasons (35 days in 1985) that overlapped the May chinook

salmon troll season to the current 1-day, 10-hour openings that occur

only in the summer months. From about 1960 to the mid-1980's, salmon

trollers caught about 15 percent of the commercial halibut fishery

quota incidental to their salmon troll fishery. With the reduced

seasons in recent years that occurred outside the timeframe of the

chinook salmon fishery, the trollers lost their fishing opportunity.

The PFMC decided that an allocation within the commercial fishery was

necessary to provide trollers the opportunity to retain halibut caught

incidentally during chinook salmon troll seasons.

Comment 15: WDFW recommends that the sport fishing season in Puget

Sound open on May 25 and close on July 29. This recommendation is based

on recent performance of the fishery that indicates an average of 440

lb (0.2 mt) of halibut were caught on weekdays and 1000 lb (0.5 mt) on

weekend days. With the area allocation of 34,653 lb (15.7 mt) and

closures on Tuesday and Wednesday, these average catches would allow 29

weekdays of fishing and 19 weekend days. The average catches used in

these calculations were developed in consultation with IPHC.

Response: NMFS agrees with this recommendation, and the sport

fishing season at Sec. 301.21(d)(2)(i)(A) has been modified

accordingly.

Comment 16: WDFW recommends that the sport fishing season in the

north Washington coast area open on May 2 and continue until the

subarea quota is taken. WDFW has estimated that the subarea quota is

insufficient to allow for the May season and the second priority season

from July 1 through at least July 4 in accordance with the Plan.

Therefore, WDFW recommends that the May season be allowed to continue,

possibly into early June, for 5 days per week until the subarea quota

is estimated to have been taken.

Response: NMFS agrees with this recommendation and the sport

fishing regulations for the north coast area at Sec. 301.21(d)(2)(ii)

have been modified accordingly.

Comment 17: WDFW recommends that the closed area in the north

Washington coast area be enlarged by 1 mile on each side of the

proposed closure area. In accordance with the Plan, the State is

recommending this enlarged closure area to extend the length of the

fishing season by reducing the numbers of larger fish caught. Data from

the 1994 fishery indicate that larger fish were caught just outside the

closure area and an enlarged closure would prevent this, thus allowing

a longer fishing season since the quotas are based on pounds of halibut

caught.

Response: NMFS agrees with this recommendation and the sport

fishing closed area for the north coast area at Sec. 301.21(d)(2)(ii)

has been modified to be an area within a rectangle defined by these

four corners: 48 deg.18'00'' N. lat., 125 deg.11'00'' W. long.;

48 deg.18'00'' N. lat., 124 deg.59'00'' W. long.; 48 deg.04'00'' N.

lat., 125 deg.11'00''W. long.; and, 48 deg.04'00'' N. lat.,

124 deg.59'00'' W. long.

The proposed Plan for 1995 and beyond was approved by NMFS on

January 20, 1995, and the approval was announced at the IPHC annual

meeting on January 23, 1995, so the IPHC could implement applicable

portions of the Plan in its regulations. The only modifications to the

proposed Plan, as recommended by the PFMC, are the opening and closing

dates of the treaty Indian commercial fishery. The dates in the Plan

adopted by PFMC were March 1 to October 31. These dates have been

modified to allow the opening to be set between March 1 and April 1 and

to set the closing for November 15 to be consistent with the IPHC

action to have a March 15 to November 15 commercial season for all

areas. The final approved Plan appears in the regulations at

Sec. 301.23.

Changes From the Proposed Plan and the Proposed Rule

The final regulations implementing the Plan are hereby approved,

with the following changes from the proposed regulations. The subquotas

in the proposed regulations implementing the Plan were based on an

assumed [[Page 14655]] 500,000-lb (226.8-mt) TAC for Area 2A and have

been modified in accordance with the allocations set forth in the Plan

based on the final TAC of 520,000 lb (235.9 mt) in Area 2A. The only

other substantive modifications to the proposed sport fishing

regulations at Sec. 301.21(d)(2) were described in the responses to the

comments above (i.e., the seasons and the closure area for the sport

fishery subareas off Washington have been modified based on the final

TAC, in accordance with the objectives in the Plan). The proposed sport

fishing possession limits on land at Sec. 301.21 (n) and (o) have been

redesignated (i) and (j), respectively, to follow IPHC regulations on

possession limits on the water. The proposed restriction on use of

commercial vessels in the sport fishery and vice versa at Sec. 301.21

(p) and (q) have been removed, because they are redundant with the

restrictions in Sec. 301.22. References to new Secs. 301.22 and 301.23

have been added to Sec. 301.5. The closure of the non-Indian commercial

fishery north of Point Chehalis, WA (46 deg.53'18'' N. lat.) set forth

in the Plan at Sec. 301.23(e)(2) and described in the preamble of the

proposed rule (January 12, 1995, 60 FR 2925) has been added to the

final rule at Sec. 301.9(b) and noted in the IPHC regulations at

Secs. 301.3(c), 301.7(b), 301.10(b), and 301.11(g). Portions of the

proposed rule have been implemented in IPHC regulations and separate

U.S. rules are not necessary. Those portions of the proposed rule

implemented by the IPHC are: (1) Area 2A license requirements in

Sec. 301.3, (2) fishing periods for the non-Indian directed commercial

fishery in Sec. 301.7, (3) fishing period limits for the non-Indian

directed commercial fishery in Sec. 301.11, and (4) treaty Indian

commercial and ceremonial and subsistence fishing seasons in

Sec. 301.20. The proposed rules at Secs. 301.7(j) and 301.10(j) were

modified and renumbered Secs. 301.7(c) and 301.10(b), respectively, to

conform with IPHC regulations.

For the convenience and information of the public, all of the

regulations in part 301 (including the 1995 IPHC regulations, U.S.

regulations for Area 2A, the catch limits for Area 2, and U.S.

regulations at Sec. 301.21(d) (3), (4), and (5) originally published at

58 FR 17791 (April 6, 1993)) are set out in their entirety herein as

revised.

Classification

IPHC Regulations

Because approval of the IPHC regulations by the Secretary of State

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

Service, 512 F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553 does not apply to

this notice of the effectiveness and content of the IPHC regulations.

Because a notice of proposed rulemaking is not required, the

preparation of a regulatory flexibility analysis is not required.

Area 2A and 2C Catch Limits

The AA has determined that this rule is necessary to respond to an

emergency situation and is consistent with the Halibut Act of 1982 and

other applicable law. Without emergency adoption of the catch limits

for Area 2A and 2C for 1995, the Pacific halibut stock would be

harvested at an unacceptably high rate that could have long-term

adverse effects on the halibut stock and U.S. halibut fisheries.

Accordingly, the AA finds there is good cause to implement these

regulations expediently and that it is impracticable and contrary to

the public interest to require prior notice and public comment, or to

delay the effective date of the regulations, under the provisions of

section 553 (b) and (d) of the APA. This rule is exempt from the

procedures of the Regulatory Flexibility Act, because the rule is not

required to be issued with prior notice and opportunity for public

comment. This action has been determined to be not significant for

purposes of E.O. 12866.

Repeal of Unnecessary Regulations for Area 4

The AA has determined, under 5 U.S.C. 553(b)(B), that good cause

exists for waiving prior notice of this action and opportunity for

public comment, because providing prior notice and opportunity for

public comment would have been impracticable and contrary to the public

interest. It was impracticable to do so, because the NPFMC determined

only in December 1994, after hearing reports from its technical

committees and entertaining public comment, that these regulations were

an unnecessary burden on the IFQ fishery. Thus, there was inadequate

time to prepare a proposed rule, collect comments, and prepare a final

rule before the start of the Alaska commercial halibut fishery on March

15, 1995. A delay in repealing these unnecessary regulations would have

been contrary to the public interest because, to realize the full

benefit of the IFQ program and prevent economic inefficiencies and

bycatch waste, the regulations must be removed by March 15, 1995.

Moreover, this action is necessary to provide consistent management and

conservation of other fixed gear fisheries also scheduled to begin on

March 15.

Because this action relieves a restriction under 5 U.S.C.

553(d)(1), it is being made immediately effective. This action has been

determined to be not significant for purposes of E.O. 12866.

Catch Sharing Plan and Implementing Regulations

The EA/RIR prepared for this Plan and implementing domestic

regulations indicates that, although the actions taken under this Plan

would reduce the allocation and area available to commercial fisheries,

the commercial harvest of halibut in Area 2A is a small part of their

average annual harvests. As such, the Assistant General Counsel for

Legislation and Regulation of the Department of Commerce certified to

the Chief Counsel for Advocacy of the Small Business Administration

when the Plan and regulations were proposed that, if they were adopted

as proposed, they would not have a significant economic impact on a

substantial number of small entities. Accordingly, preparation of a

regulatory flexibility analysis under the Regulatory Flexibility Act

was not required.

The AA finds, under 5 U.S.C. 553(d)(3), that having the regulations

for the Plan in place when the treaty Indian fishery opens on March 15

justifies waiving the 30-day delayed-effectiveness period. A copy of

the EA/RIR may be obtained from the NMFS Northwest Region (see

ADDRESSES).

This action has been determined to be not significant for purposes

of E.O. 12866.

List of Subjects in 50 CFR Part 301

Fisheries, Treaties.

Dated: March 13, 1995.

Gary Matlock,

Program Management Officer, 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. [[Page 14656]]

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 Fishery election in Area 2A.

301.23 Catch Sharing Plan for Area 2A.

301.24 Previous regulations superseded.

Figure 1 to part 301--Map of Regulatory Areas

Figure 2 to part 301--Halibut Size Limits

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:

Authorized 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 Division of Fish and Wildlife

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

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.

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 the offloading of halibut from

the catching vessel.

License means a halibut fishing license issued by the Commission

pursuant to Sec. 301.3.

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 aboard 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.

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 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 in Area 2A unless the Commission has

issued a license valid for fishing in Area 2A in respect of that

vessel.

(b) A license issued for a vessel operating in Area 2A shall be

valid only for operating either as a charter vessel or a commercial

vessel, but not both.

fishery in Area 2A shall be valid only for either the directed

commercial fishery south of 46 deg.53'18'' N. lat. during the fishing

periods specified in Sec. 301.7(b) or the incidental catch fishery

during the salmon troll fishery specified in Sec. 301.7(c), but not

both.

(d) No person shall 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 valid for fishing in Area 2B in respect

of that vessel.

(e) No person shall 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 in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and

4E, unless the Commission has issued a license valid for fishing in

those areas in respect of that vessel.

(f) A license issued in respect of a vessel referred to in

paragraphs (a), (d), and (e) of this section must be carried on board

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

inspection by any authorized officer.

(g) 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.

(h) A vessel operating in the commercial fishery in Area 2A must

have its ``Application for Vessel License for the Halibut Fishery''

form postmarked no later than midnight April 30.

(i) Application forms may be obtained from any authorized officer,

or from the Commission.

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

Fishery'' form must be accurate.

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

form shall be completed and signed by the vessel owner.

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

the year in which they are issued.

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

transferred, renamed, or redocumented.

(n) 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.

(o) 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 the IPHC

regulations in this part 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 U.S. 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; [[Page 14657]]

(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 as well as 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) Section 301.6 through 301.19 apply to commercial fishing for

halibut.

in Area 2A-1.

(d) Section 301.21 applies to sport fishing for halibut.

(e) Section 301.22 applies to non-Indian commercial and sport

fishing for halibut in Area 2A.

(f) Section 301.23 applies to all fishing for halibut in Area 2A.

(g) 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 (shown in Figure 1 of this part) 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 (58 deg.11'57'' N. lat.,

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

205 deg. 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 (57 deg.41'15''

N. lat., 155 deg.35'00'' W. long.) to Cape Ikolik (57 deg.17'17'' N.

lat., 154 deg.47'18'' W. long.), then along the Kodiak Island coastline

to Cape Trinity (56 deg.44'50'' N. lat., 154 deg.08'44'' W. long.),

then 140 deg. true;

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

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

164 deg.20'00'' W. long.) and south of 54 deg.49'00'' N. lat. 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

that are east of 172 deg.00'00'' W. long. and south of 56 deg.20'00''

N. lat.;

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

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

(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 that are east of

171 deg.00'00'' W. long., south of 58 deg.00'00'' N. lat., and west of

168 deg.00'00'' W. long.;

(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 168 deg.00'00'' W.

long.;

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

the closed area defined in Sec. 301.9, east of 168 deg.00'00'' W.

long., and south of 65 deg.34'00'' N. lat.

Sec. 301.7 Fishing periods.

(a) The fishing periods for each regulatory area apply where the

catch limits specified in Sec. 301.10 have not been taken.

(b) Each fishing period in the Area 2A directed fishery south of

46 deg.53'18'' N. lat. shall begin at 0800 hours and terminate at 1800

hours local time on July 5, July 18, August 1, and August 15, unless

the Commission specifies otherwise.

Sec. 301.10(g), an incidental catch fishery is authorized during salmon

troll seasons in Area 2A. Vessels participating in the salmon troll

fishery in Area 2A may retain halibut caught incidentally during

authorized periods, in conformance with the annual salmon management

measures announced in the Federal Register. The notice also will

specify the ratio of halibut to salmon that may be retained during this

fishery.

(d) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and

4E shall begin at 1200 hours local time on March 15 and terminate at

1200 hours local time on November 15, unless the Commission specifies

otherwise.

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

4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on November

15.

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 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.

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/her 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 an

authorized 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 authorized 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 on board a vessel in a

regulatory area during a closed period, unless that vessel is in

continuous transit to or within a port in which that halibut may be

lawfully sold.

Sec. 301.9 Closed area.

(a) All waters in the Bering Sea that are north of 54 deg.49'00''

N. lat. in Isanotski Strait that are enclosed by a line from Cape

Sarichef Light (54 deg.36'00'' N. lat., 164 deg.55'42'' W. long.) to a

point at 56 deg.20'00'' N. lat., 168 deg.30'00'' W. long.; thence to a

point at 58 deg.21'25'' N. lat., 163 deg.00'00'' W. long.; thence to

Strogonof Point (56 deg.53'18'' N. lat., 158 deg.50'37'' W. long.); and

then along the northern coasts of the Alaska Peninsula and Unimak

Island to the point of origin at Cape Sarichef Light are closed to

halibut fishing and no person shall fish for halibut therein or have

halibut in his/her possession while in those waters except in the

course of a continuous transit across those waters.

(b) In Area 2A, all waters north of Point Chehalis, WA

(46 deg.53'18'' N. lat.) are closed to the directed commercial halibut

fishery.

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 shall be limited to the

weight expressed in pounds or metric tons shown in the following table.

[[Page 14658]]

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

Catch limits

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

Regulatory area Metric

Pounds tons

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

2A........................................... 107,120 49

2C........................................... 9,000,000 4,082

3A........................................... 20,000,000 9,072

3B........................................... 3,700,000 1,678

4A........................................... 1,950,000 885

4B........................................... 2,310,000 1,048

4C........................................... 770,000 349

4D........................................... 770,000 349

4E........................................... 120,000 54

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

(b) Notwithstanding paragraph (a) of this section, the catch limit

in Area 2A shall be divided between a directed halibut fishery to

operate south of 46 deg.53'18'' N. lat. during the fishing periods set

out in Sec. 301.7(b) and an incidental halibut catch fishery during the

salmon troll fishery in Area 2A described in Sec. 301.7(c). Inseason

actions to transfer catch between these fisheries may occur in

conformance with Sec. 301.23.

(1) The catch limit in the directed halibut fishery is 91,052 lb

(41.3 mt).

(2) The catch limit in the incidental catch fishery during the

salmon troll fishery is 16,068 lb (7.3 mt).

date on which the catch limit for Area 2A will be taken and the

specific dates during which the directed fishery will be allowed in

Area 2A.

(d) Notwithstanding paragraph (a) of this section, Area 2B 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.

(e) Notwithstanding paragraph (a) of this section, Areas 2C, 3A,

3B, 4A, 4B, 4C, 4D, and 4E will close only when all Individual Fishing

Quotas and all Community Development Quotas issued by NMFS have been

taken, or November 15, whichever is earlier.

(f) If the Commission determines that the catch limit specified for

Area 2A in paragraph (a) of this section would be exceeded in an

unrestricted 10-hour fishing period as specified in Sec. 301.7(b), the

catch limit for that area shall be considered to have been taken unless

fishing period limits are implemented.

(g) When under paragraph (c) or (f) of this section the Commission

has announced a date on which the catch limit for Area 2A will be

taken, no person shall fish for halibut in that area after that date

for the rest of the year, unless the Commission has announced the

reopening of that area for halibut fishing.

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.

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.

(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 are 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.

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

Vessel

Overall length 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) Fishing period limits in Area 2A apply only to the directed

halibut fishery south of 46 deg.53'18'' N. lat. referred to in

Sec. 301.7(b).

Sec. 301.12 Size limits.

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

(1) With the head on, is less than 32 in (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 in (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 that are caught and are not retained 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, or 4D must obtain a vessel clearance before fishing in any of

these areas and fishing periods that apply, and before the unloading of

any halibut caught in any of these areas and fishing periods, unless

specifically exempted in paragraph (k), (l), or (m) of this section.

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

section prior to fishing in Areas 4A, 4C, or 4D may be obtained only at

Dutch Harbor or Akutan, AK, from an authorized officer of the United

States, a representative of the Commission, or a designated fish

processor.

section prior to fishing in Area 4B may only be obtained at Nazan Bay

on Atka Island, AK, from an authorized officer of the United States, a

representative of the Commission, or a designated fish processor.

(d) The vessel operator shall specify the specific regulatory area

in which fishing will take place.

(e) Before unloading any halibut caught in Area 4A, a vessel

operator may obtain the clearance required under paragraph (a) of this

section only in Dutch Harbor or Akutan, AK, by contacting an authorized

officer of the United States, a representative of the Commission, or a

designated fish processor.

(f) Before unloading any halibut caught in Area 4B, a vessel

operator may obtain the clearance required under paragraph (a) of this

section only in [[Page 14659]] Nazan Bay on Atka Island, either in

person or by contacting an authorized officer of the United States, a

representative of the Commission, or a designated fish processor by VHF

radio and allowing the person contacted to confirm visually the

identity of the vessel.

(g) Before unloading any halibut caught in Area 4C or 4D, a vessel

operator may obtain the clearance required under paragraph (a) of this

section only in St. Paul or St. George, AK, either in person or by

contacting an authorized officer of the United States, a representative

of the Commission, or a designated fish processor by VHF radio and

allowing the person contacted to confirm visually the identity of the

vessel.

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

prior to fishing in Area 4 shall be obtained between 0600 and 1800

hours, local time.

(i) No halibut shall be on board the vessel at the time of the

clearance required by paragraph (h) of this section.

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

after fishing in Area 4 shall be obtained between 0600 and 1800 hours,

local time.

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

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

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

section.

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

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

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

section.

(m) Any vessel that is used to fish for halibut only in Areas 4D

and 4E and that lands its total annual halibut catch at a port within

Areas 4D, 4E, or the closed area defined in Sec. 301.9, is exempt from

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

Sec. 301.15 Logs.

(a) The operator of any vessel that has an overall length of 26 ft

(7.9 m) 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 an authorized officer or any authorized

representative of the Commission upon demand; and

(5) Kept on board the vessel during halibut fishing, during

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

halibut.

by the vessel operator, his/her 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 on board the license required by Sec. 301.3.

(b) No person shall offload halibut from a vessel unless the gills

and entrails have been removed prior to offloading.

directly from the owner or operator of a vessel that was engaged in

halibut fishing must accept and weigh all halibut on board said vessel

at the time offloading commences and record on state fish tickets or

Federal catch reports the date, locality, name of vessel, Halibut

Commission license number (United States), the name(s) of the person(s)

from whom the halibut was purchased; and the scale weight obtained at

the time of offloading of all halibut on board the vessel, including:

Pounds purchased; pounds in excess of IFQs, IVQs, or fishing period

limits; pounds retained for personal use; and pounds discarded as unfit

for human consumption.

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

Federal catch or landing report referred to in paragraph (c) of this

section.

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

paragraph (c) of this section shall be:

(1) Retained by the person making them for a period of 3 years from

the date they are made; and

(2) Open to inspection by an authorized officer or any authorized

representative of the Commission.

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

been taken in contravention of this part.

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

processor the records required by paragraph (c) shall be maintained by

the operator of the vessel from which that halibut was caught, in

compliance with paragraph (e).

(h) It shall be unlawful to enter a Halibut 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 in (10.2 cm) in height and 0.5 in (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 aboard a vessel from which setline gear was used to

fish for any species of fish anywhere in Area 2A 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 Area 2A 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) No person aboard a vessel from which setline gear was used to

fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B,

4C, 4D, or 4E during the 72-hour period immediately before the opening

of the halibut fishing season shall catch or possess halibut anywhere

in those areas until the vessel [[Page 14660]] has removed all of its

setline gear from the water and has either:

(1) Made a landing and completely offloaded its entire catch of

other fish; or

(2) Submitted to a hold inspection by an authorized officer.

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

species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E

during the 72-hour period immediately before the opening of the halibut

fishing season shall catch or possess halibut anywhere in those areas

until the vessel has removed all of its setline gear from the water and

has either:

(1) Made a landing and completely offloaded its entire catch of

other fish; or

(2) Submitted to a hold inspection by an authorized officer.

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 an authorized officer.

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

the Commission or an authorized 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 authorized officers to assure the fulfillment of the

provisions of this part.

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

(a) Halibut fishing in subarea 2A-1 by members of U.S. treaty

Indian tribes located in the State of Washington is governed by this

section.

(b) For purposes of this part, ``treaty Indian tribes'' means the

Hoh, Jamestown S'Klallam, Lower Elwha S'Klallam, Lummi, Makah, Port

Gamble S'Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish,

and Tulalip tribes.

Washington that are north of 46 deg.53'18'' N. lat. and east of

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

(d) Commercial fishing for halibut by treaty Indians is permitted

only in subarea 2A-1 with hook-and-line gear from March 15 through

November 15, or until 171,000 lb (77.6 mt) are taken by treaty Indians,

whichever occurs first.

(e) Commercial fishing periods and management measures to implement

paragraph (d) of this section will be established by treaty Indian

tribal regulations.

(f) Commercial fishing for halibut by treaty Indians shall comply

with the provisions of Secs. 301.12, 301.13, 301.15, and 301.17, except

that the 72-hour fishing restriction preceding the opening of a halibut

fishing period shall not apply to treaty Indian fishing.

(g) Ceremonial and subsistence fishing for halibut by treaty

Indians in subarea 2A-1 is permitted with hook-and-line gear from

January 1 to December 31, and is estimated to take 11,000 lb (5 mt).

(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) 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 section 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).

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

12 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 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 S'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

S'Klallam Tribe may fish under rights secured by treaties

with the United States.

Lower Elwha S'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 S'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 S'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

S'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.

[[Page 14661]]

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; and

(2) The daily bag limit is two halibut of any size per day per

person.

(1) The sport fishing season is from February 1 to December 31; and

(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) 123,760 lb (56.1 mt) in waters off Washington; and

(ii) 107,120 lb (48.6 mt) in waters off Oregon and California.

(2) The sport fishing subareas, subquotas, fishing dates, and daily

bag limits are as follows, except as modified under the inseason

actions in paragraph (d)(3) of this section. All sport fishing in Area

2A (except for fish caught in the North Washington coast area and

landed into Neah Bay) is managed on a ``port of landing'' basis,

whereby any halibut landed into a port counts toward the quota for the

area in which that port is located, and the regulations governing the

area of landing apply, regardless of the specific area of catch.

(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. lat., 124 deg.43'00'' W.

long.) to the buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat.,

124 deg.44'50'' W. long.) to Tatoosh Island lighthouse (48 deg.23'30''

N. lat., 124 deg.4''00'' W. long.) to Cape Flattery (48 deg.22'55'' N.

lat., 124 deg.43'42'' W. long.), there is no subquota. This area is

managed by setting a season that is projected to result in a catch of

34,653 lb (15.7 mt).

(A) The fishing season is May 25 through July 29, 5 days a week

(closed Tuesdays and 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. lat.), the subquota for landings into

ports in this area is 71,410 lb (32.4 mt). Landings into Neah Bay of

halibut caught in this area will count against this subquota and are

governed by the regulations in this paragraph (d)(2)(ii).

(A) The fishing season commences on May 2, and continues 5 days a

week (Tuesday through Saturday) until 71,410 lb (32.4 mt) are estimated

to have been taken and the season is closed by the Commission.

(B) The daily bag limit is one halibut of any size per day per

person.

Flattery is closed to sport fishing for halibut. The closed area is

within a rectangle defined by these four corners: 48 deg.18'00'' N.

lat., 125 deg.11'00'' W. long.; 48 deg.18'00'' N. lat., 124 deg.59'00''

W. long.; 48 deg.04'00'' N. lat., 125 deg.11'00'' W. long.; and,

48 deg.04'00'' N. lat., 124 deg.59'00'' W. long.

(iii) In the area between the Queets River, WA and Leadbetter

Point, WA (46 deg.38'10'' N. lat.), the subquota for landings into

ports in this area is 15,222 lb (6.9 mt).

(A) The fishing season commences on May 1, and continues every day

through September 30, or until 15,222 lb (6.9 mt) are estimated to have

been taken and the area is closed by the Commission, whichever occurs

first.

(B) The daily bag limit is one halibut of any size per day per

person.

fishing for halibut. The closed area is west of 124 deg.40'00'' W.

long. and north of 47 deg.10'00'' N. lat. If, on September 1,

sufficient quota remains for at least 1 day of fishing, NMFS will, by

inseason action as specified at Sec. 301.21(d)(4), remove the

geographical restriction on each Tuesday until the fishery is closed.

(iv) In the area between Leadbetter Point, WA and Cape Falcon, OR

(45 deg.46'00'' N. lat.), the subquota for landings into ports in this

area is 4,617 lb (2.1 mt).

(A) The fishing season commences on May 1, and continues every day

through September 30, or until 4,617 lb (2.1 mt) are estimated to have

been taken and the area is closed by the Commission, whichever occurs

first.

(B) The daily bag limit is one halibut with a minimum overall size

limit of 32 in (81.3 cm).

(v) In the area off Oregon between Cape Falcon and the Siuslaw

River (44 deg.01'08'' N. lat.), the subquota for landings into ports in

this area is 94,694 lb (43 mt).

(A) The fishing seasons are:

(1) Commencing May 4, and continuing 3 days a week (Thursday

through Saturday) until 67,706 lb (30.7 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)(v)(A)(1) of this section, and continuing every day

through August 2, in the area inside the 30-fathom (55 m) curve nearest

to the coastline as plotted on National Ocean Service charts numbered

18520, 18580, and 18600, or until 3,314 lb (1.5 mt) or the area

subquota is 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 [[Page 14662]]

(3) Commencing August 3, and continuing 3 days a week (Thursday

through Saturday) through September 30, or until the combined subquotas

for the areas described in paragraphs (d)(2)(v) and (vi) of this

section totaling 102,193 lb (46.4 mt) are estimated to have been taken

and the area 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 in (81.3 cm) and the second with a minimum overall

size limit of 50 in (127.0 cm).

(vi) In the area off Oregon between the Siuslaw River and the

California border (42 deg.00'00'' N. lat.), the subquota for landings

into ports in this area is 7,499 lb (3.4 mt).

(A) The fishing seasons are:

(1) Commencing May 4 and continuing 3 days a week (Thursday through

Saturday) until 5,999 lb (2.7 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)(vi)(A)(1) of this section, and continuing every day

through August 2, in the area inside the 30-fathom (55 m) curve nearest

to the coastline as plotted on National Ocean Service charts numbered

18520, 18580, and 18600, or until a total of 1,500 lb (0.7 mt) or the

area subquota is 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) Commencing August 3 and continuing 3 days a week (Thursday

through Saturday) through September 30, or until the combined subquotas

for the areas described in paragraphs (d)(2) (v) and (vi) of this

section totaling 102,193 lb (46.4 mt) are estimated to have been taken

and the area 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 in (81.3 cm) and the second with a minimum overall

size limit of 50 in (127.0 cm).

(vii) In the area off the California coast, there is no subquota.

This area is managed on a season that is projected to result in a catch

of less than 2,785 lb (1.3 mt).

(A) The fishing season will commence on May 1, and continue every

day through September 30.

(B) The daily bag limit is one halibut with a minimum overall size

limit of 32 in (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

of the action in 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 subquotas under paragraph (d)(2)

of this section are estimated to have been taken.

(5) When the Commission has determined that a subquota 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) The possession limit for halibut on land in Area 2A north of

Cape Falcon, OR is two daily bag limits.

(j) The possession limit for halibut on land in Area 2A south of

Cape Falcon, OR is one daily bag limit.

(k) Any halibut brought on board 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.

(l) No person shall be in possession of halibut on a vessel while

fishing in a closed area.

(m) No halibut caught by sport fishing shall be offered for sale,

sold, traded, or bartered.

(n) No halibut caught in sport fishing shall be possessed on board

a vessel when other fish or shellfish on board [[Page 14663]] the said

vessel are destined for commercial use, sale, trade, or barter.

(o) 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 Fishery election in Area 2A.

(a) A vessel that fishes in Area 2A may participate in only one of

the following three fisheries in Area 2A:

(1) The recreational fishery under Sec. 301.21;

(2) The commercial directed fishery for halibut during the fishing

period(s) established in Sec. 301.7(b); or

(3) The incidental catch fishery during the salmon troll fishery as

authorized in Sec. 301.7(c).

(b) No person shall fish for halibut in the recreational fishery in

Area 2A under Sec. 301.21 from a vessel that has been used during the

same calendar year for commercial halibut fishing in Area 2A or that

has been issued a permit for the same calendar year for the commercial

halibut fishery in Area 2A.

fishery in Area 2A during the fishing periods established in

Sec. 301.7(b) from a vessel that has been used during the same calendar

year for the incidental catch fishery during the salmon troll fishery

as authorized in Sec. 301.7(c).

(d) No person shall fish for halibut in the directed commercial

halibut fishery in Area 2A from a vessel that, during the same calendar

year, has been used in the recreational halibut fishery in Area 2A or

that is licensed for the recreational halibut fishery in Area 2A.

(e) No person shall retain halibut in the salmon troll fishery in

Area 2A as authorized under Sec. 301.7(c) taken on a vessel that,

during the same calendar year, has been used in the recreational

halibut fishery in Area 2A, or that is licensed for the recreational

halibut fishery in Area 2A.

(f) No person shall retain halibut in the salmon troll fishery in

Area 2A as authorized under Sec. 301.7(c) taken on a vessel that,

during the same calendar year, has been used in the directed commercial

fishery during the fishing periods established in Sec. 301.7(b) for

Area 2A or that is licensed to participate in the directed commercial

fishery during the fishing periods established in Sec. 301.7(b) in Area

2A.

Sec. 301.23 Catch sharing plan for Area 2A.

(a) This Plan constitutes a framework that shall be applied to the

annual Area 2A total allowable catch (TAC) approved by the Commission

each January. The framework shall be implemented in both Commission

regulations and domestic regulations (implemented by NMFS) as published

in the Federal Register as rulemaking in Secs. 301.1 through 301.22.

(b) This Plan allocates 35 percent of the Area 2A TAC to U.S.

treaty Indian tribes in the State of Washington in subarea 2A-1, and 65

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

Indian fisheries is divided into three shares, with the Washington

sport fishery (north of the Columbia River) receiving 36.6 percent, the

Oregon/California sport fishery receiving 31.7 percent, and the

commercial fishery receiving 31.7 percent. The sport fishery in the

Columbia River area (Leadbetter Point to Cape Falcon) will receive 2

percent of the Washington sport allocation plus 2 percent of the

Oregon/California sport allocation. The California sport fishery is

allocated 2.6 percent of the Oregon/California sport allocation. These

allocations may be changed if new information becomes available that

indicates a change is necessary and/or the Pacific Fishery Management

Council takes action to reconsider its allocation recommendations. Such

changes will be made after appropriate rulemaking is completed and

published in the Federal Register.

ensure that any overage or underage by any one group will not affect

achievement of an allocation set aside for another group. The specific

allocative measures in the treaty Indian, non-Indian commercial, and

non-Indian sport fisheries in Area 2A are described in paragraphs (d)

through (f) of this section.

(d) 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. lat.) and east

of 125 deg.44'00'' W. long. The treaty Indian allocation is to provide

for a tribal commercial fishery and a ceremonial and subsistence

fishery. These two fisheries are managed separately; any overages in

the commercial fishery do not affect the ceremonial and subsistence

fishery. The commercial fishery is managed to achieve an established

subquota, while the ceremonial and subsistence fishery is managed for a

year-round season. The tribes will estimate the ceremonial and

subsistence harvest expectations in January of each year, and the

remainder of the allocation will be for the tribal commercial fishery.

(1) The tribal ceremonial and subsistence fishery begins on January

1 and continues through December 31. No size or bag limits will apply

to the ceremonial and subsistence fishery, except that when the tribal

commercial fishery is closed, treaty Indians may take and retain not

more than two halibut per day per person. Halibut taken for ceremonial

and subsistence purposes may not be offered for sale or sold.

(2) The tribal commercial fishery begins between March 1 and April

1 and continues through November 15 or until the tribal commercial

subquota is taken, whichever is earlier. Any halibut sold by treaty

Indians during the commercial fishing season must comply with

Commission regulations on size limits for the non Indian fishery.

(e) The non-Indian commercial fishery is allocated 20.6 percent of

the Area 2A TAC. The commercial fishery is divided into two components:

A directed fishery targeting on halibut, and an incidental catch

fishery during the salmon troll fisheries off Washington, Oregon, and

California.

(1) Incidental halibut catch in the salmon troll fishery. Fifteen

percent of the non-Indian commercial fishery allocation is allocated to

the salmon troll fishery in Area 2A as an incidental catch during the

May through June salmon fisheries. The subquota for this incidental

catch fishery is 3.1 percent of the Area 2A TAC. One halibut (in

compliance with the Commission minimum size limit of 32 in (81.3 cm))

may be landed for each 25 chinook landed by a salmon troller. A salmon

troller must have 25 chinook on board before retaining a halibut. NMFS

may adjust this ratio preseason, after the halibut and chinook quotas

are established. NMFS will publish adjustments to the ratio annually in

the Federal Register, along with the salmon management measures. A

salmon troller may participate in this fishery or in the directed

commercial fishery targeting halibut, but not in both. Any poundage

remaining in the subquota for this fishery after the May through June

salmon troll season will be made available inseason to the directed

halibut fishery. If the Commission determines that poundage remaining

in the subquota for the directed fishery is insufficient to allow an

additional day of directed halibut fishing, the remaining directed

harvest subquota will be made available inseason for the fall salmon

troll fisheries.

(2) Directed fishery targeting halibut. Eighty-five percent of the

non-Indian commercial fishery allocation is allocated to the directed

fishery targeting halibut (e.g., longline fishery) in southern

Washington, Oregon, and California. The subquota for this directed

catch fishery is 17.5 percent of [[Page 14664]] the Area 2A TAC. This

fishery is confined to the area south of Subarea 2A-1 (south of Point

Chehalis, WA; 46 deg.53'18'' N. lat.). The commercial fishery opening

date(s), duration, and vessel trip limits for this fishery, as

necessary to ensure that the subquota for this fishery is not exceeded,

will be determined by the Commission and implemented in Commission

regulations. If the Commission determines that poundage remaining in

the subquota for this fishery is insufficient to allow an additional

day of directed halibut fishing, the remaining subquota will be made

available for incidental catch of halibut in the fall salmon troll

fisheries.

(3) Commercial license restrictions/declarations. Commercial

fishers must obtain a license to fish for halibut in Area 2A by May 1

of each year. Commercial fishers must choose either to operate in the

directed commercial fishery in Area 2A, or to retain halibut caught

incidentally during the salmon troll fishery. Fishing vessels that are

issued Commission licenses to fish commercially in Area 2A are

prohibited from obtaining a Commission charterboat license for Area 2A.

Sport fishing for halibut in Area 2A is prohibited from a vessel

licensed to fish commercially for halibut in Area 2A.

(f) Sport fisheries. The non-Indian sport fisheries are allocated

68.3 percent of the non-Indian share, which is 44.4 percent of the Area

2A TAC. The Washington sport fishery (north of the Columbia River) is

allocated 53.6 percent of the non-Indian sport allocation and Oregon/

California is allocated 46.4 percent. The allocations are further

subdivided as subquotas among seven geographic subareas as described in

paragraph (f)(1) of this section.

(1) Subarea management. The sport fishery is divided into seven

sport fishery subareas, each having separate allocations and management

measures as follows.

(i) Washington inside waters subarea. This sport fishery subarea is

allocated 28.0 percent of the Washington sport allocation, which equals

6.66 percent of the Area 2A TAC. This subarea is defined as all U.S.

waters east of the Bonilla-Tatoosh line, defined as follows: From

Bonilla Point (48 deg.35'44'' N. lat., 124 deg.43'00'' W. long.) to the

buoy adjacent to Duntze Rock (48 deg.24'55'' N. lat., 124 deg.44'50''

W. long.) to Tatoosh Island lighthouse (48 deg.23'30'' N. lat.,

124 deg.44'00'' W. long.) to Cape Flattery (48 deg.22'55'' N. lat.,

124 deg.43'42'' W. long.), including Puget Sound. The structuring

objective for this subarea is to provide a stable sport fishing

opportunity and maximize the season length. Due to 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 subquota. No inseason adjustments will be made, and

estimates of actual catch will be made postseason. The fishery opens on

either May 18 or May 25 and continues at least through July 4, until a

date established preseason when the subquota is predicted to be taken,

or until September 30, whichever is earlier. If May 18 or May 25 fall

on a Tuesday or Wednesday, the fishery will open on the following

Thursday. The season opens for 5 days per week (closed on Tuesdays and

Wednesdays). The daily bag limit is one fish per person, with no size

limit.

(ii) Washington north coast subarea. This sport fishery subarea is

allocated 57.7 percent of the Washington sport allocation, which equals

13.73 percent of the Area 2A TAC. This subarea is defined as all U.S.

waters west of the Bonilla-Tatoosh line, as defined in paragraph

(f)(1)(i) of this section, and north of the Queets River

(47 deg.31'42'' N. lat.). The structuring objective for this subarea is

to maximize the season length for viable fishing opportunity and, if

possible, stagger the seasons to spread out this opportunity to anglers

who utilize these remote grounds. The fishery opens on May 1, and

continues 5 days per week (closed on Sundays and Mondays). If May 1

falls on a Sunday or Monday, the fishery will open on the following

Tuesday. The highest priority is for the season to last through the

month of May. If sufficient quota remains, the second priority is to

establish a fishery that will be open July 1, through at least July 4.

If the preseason prediction indicates that these two goals can be met

without utilizing the quota for this subarea, the next priority is to

open the May fishery 7 days per week and extend it into June as long as

possible. No sport fishing for halibut is allowed after September 30.

The daily bag limit in all fisheries is one halibut per person with no

size limit. A closure to sport fishing for halibut will be established

in an area that is approximately 19.5 nm (36.1 km) southwest of Cape

Flattery. The size of this closed area may be modified preseason by

NMFS to maximize the season length. The closed area is defined as the

area within a rectangle defined by these four corners: 48 deg.17'00''

N. lat., 125 deg.10'00'' W. long.; 48 deg.17'00'' N. lat.,

125 deg.00'00'' W. long.; 48 deg.05'00'' N. lat., 125 deg.10'00'' W.

long.; and, 48 deg.05'00'' N. lat., 125 deg.00'00'' W. long.

(iii) Washington south coast subarea. This sport fishery subarea is

allocated 12.3 percent of the Washington sport allocation, which equals

2.93 percent of the Area 2A TAC. This subarea is defined as waters

south of the Queets River (47 deg.31'42'' N. lat.) and north of

Leadbetter Point (46 deg.38'10'' N. lat.). The structuring objective

for this subarea is to maximize the season length, while providing for

a limited halibut fishery. The fishery opens on May 1, for 7 days per

week until the subquota is estimated to have been taken, or September

30, whichever is earlier. The daily bag limit is one halibut per

person, with no size limit. Sport fishing for halibut is prohibited in

the area south of the Queets River (47 deg.31'42'' N. lat.), west of

124 deg.40'00'' W. long. and north of 47 deg.10'00'' N. lat. This

closure may be removed through inseason action by NMFS under

Sec. 301.21(d)(3) after September 1, for 1 day each week on Tuesday

only, if NMFS determines that sufficient subarea quota remains to allow

for 1 day of fishing without geographic restriction.

(iv) Columbia River subarea. This sport fishery subarea is

allocated 2.0 percent of the Washington sport allocation plus 2.0

percent of the Oregon/California sport allocation, which combined

equals 0.89 percent of the Area 2A TAC. This subarea is defined as

waters south of Leadbetter Point, WA (46 deg.38'10'' N. lat.) and north

of Cape Falcon, OR (45 deg.46'00'' N. lat.). The structuring objective

for this subarea is to provide for a non-directed halibut sport fishery

of not more than 5 months duration out of the Columbia River ports. The

fishery will open on May 1, and continue 7 days per week until the

subquota is estimated to have been taken, or September 30, whichever is

earlier. The daily bag limit is one halibut per person, with a 32-in

(81.3 cm) minimum size.

(v) Oregon central coast subarea (applicable through December 31,

1995). If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this

subarea extends from Cape Falcon to the Siuslaw River at the Florence

north jetty (44 deg.01'08'' N. lat.) and is allocated 88.4 percent of

the Oregon/California sport allocation, which is 18.21 percent of the

Area 2A TAC. If the Area 2A TAC is below 388,350 lb (176.2 mt), this

sport fishery subarea extends from Cape Falcon to the California border

and is allocated 95.4 percent of the Oregon/California sport

allocation. The structuring objectives for this subarea are to provide

one or two periods of fishing opportunity in productive deeper water

areas along the coast, principally for charter and larger private boat

anglers, and provide a period of fishing opportunity in nearshore

waters in June and July, [[Page 14665]] especially for small boat

anglers. Any poundage remaining in this subarea quota from earlier

seasons will be added to the last season in this subarea. This subarea

has three seasons as set out in paragraphs (f)(2)(v) (A) through (C) of

this section. The daily bag limit for all seasons is two halibut per

person, one with a minimum 32-in (81.3 cm) size limit and the second

with a minimum 50-in (127.0 cm) size limit.

(A) The first season is an all-depth fishery that begins on May 4,

and continues 3 days per week (Thursday through Saturday) until 71.5

percent of the subarea quota is taken.

(B) The second season opens the day following closure of the first

season, only in waters inside the 30-fathom (55 m) curve, and continues

every day until 3.5 percent of the subarea quota is taken, or August 2,

whichever is earlier.

and continues 3 days per week (Thursday through Saturday), until the

combined Oregon subarea quotas south of Falcon are estimated to have

been taken, or September 30, whichever is earlier.

(vi) Oregon south coast subarea (applicable through December 31,

1995). If the Area 2A TAC is 388,350 lb (176.2 mt) and above, this

subarea extends from the Siuslaw River at the Florence north jetty

(44 deg.01'08'' N. lat.) to the California border (42 deg.00'00'' N.

lat.) and is allocated 7.0 percent of the Oregon/California sport

allocation, which is 1.44 percent of the Area 2A TAC. If the Area 2A

TAC is below 388,350 lb (176.2 mt), this subarea will be included in

the Oregon Central sport fishery subarea. The structuring objective for

this subarea is to create a south coast management zone designed to

accommodate the needs of both charterboat and private boat anglers in

this area where weather and bar crossing conditions very often do not

allow scheduled fishing trips. This subarea has three seasons as set

out in paragraphs (f)(2)(vi) (A) through (C) of this section. The daily

bag limit for all seasons is two halibut per person, one with a minimum

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

cm) size limit.

(A) The first season is an all-depth fishery that begins on May 4,

and continues 3 days per week (Thursday through Saturday) until 80

percent of the subarea quota is taken.

(B) The second season opens the day following closure of the first

season, only in waters inside the 30-fathom (55 m) curve, and continues

every day until the subarea quota is estimated to have been taken, or

August 2, whichever is earlier.

and continues 3 days per week (Thursday through Saturday), until the

combined Oregon subarea quotas south of Falcon are estimated to have

been taken, or September 30, whichever is earlier.

(vii) California subarea. This sport fishery subarea is allocated

2.6 percent of the Oregon/California subquota, which is 0.54 percent of

the Area 2A TAC. This area is defined as the area south of the

California border (42 deg.00'00'' N. lat.). The structuring objective

for this subarea is to provide anglers in California the opportunity to

fish in a continuous, fixed season that is open from May 1 through

September 30. The daily bag limit is one halibut per person, with a

minimum 32-in (81.3 cm) size limit. Due to inability to monitor the

catch in this area inseason, a fixed season will be established

preseason by NMFS based on projected catch per day and number of days

to achievement of the subquota; no inseason adjustments will be made,

and estimates of actual catch will be made post season.

(2) Port of landing management. All sport fishing in Area 2A

(except for fish caught in the Washington north coast subarea and

landed in Neah Bay) will be managed on a ``port of landing'' basis,

whereby any halibut landed into a port will count toward the quota for

the subarea in which that port is located, and the regulations

governing the subarea of landing apply, regardless of the specific area

of catch. The one exception is for halibut caught west of the Bonilla-

Tatoosh line and landed in Neah Bay, which are counted against the

Washington north coast subarea quota, and are governed by the

regulations governing the Washington north coast subarea.

(3) Possession limits. The sport possession limit on land north of

Cape Falcon, OR is two daily bag limits, regardless of condition, but

only one daily bag limit may be possessed on the vessel. The possession

limit on land south of Cape Falcon is the same as the bag limit.

(4) Ban on sport vessels in the commercial fishery. Vessels

operating in the sport fishery for halibut in Area 2A are prohibited

from operating in the commercial halibut fishery in Area 2A.

Charterboat operators must choose, prior to May 1 of each year, whether

they will obtain a charterboat license from the Commission or a

commercial license, but cannot obtain both. Sport fishing for halibut

in Area 2A is prohibited from a vessel licensed to fish commercially

for halibut in Area 2A.

(g) Procedures for implementation. Each year, NMFS will publish a

proposed rule with any regulatory modifications necessary to implement

the Plan for the following year, with a request for public comments.

The comment period will extend until after the Commission's annual

meeting, so that the public will have the opportunity to consider the

final Area 2A TAC before submitting comments. After the Area 2A TAC is

known, and after NMFS reviews public comments, NMFS will implement

final rules governing the sport fisheries. The final ratio of halibut

to chinook to be allowed as incidental catch in the salmon troll

fishery will be published with the annual salmon management measures.

Inseason actions in the sport fisheries as stipulated in this Plan will

be accomplished by NMFS in accordance with Sec. 301.21(d)(3).

Sec. 301.24 Previous regulations superseded.

This part shall supersede all previous regulations of the

Commission, and this part shall be effective each succeeding year until

superseded by regulations, which will be published in the Federal

BILLING CODE 3510-22-W

[[Page 14666]]

Figure 1 to Part 301--Map of Regulatory Areas

[GRAPHIC][TIFF OMITTED]TR20MR95.000

[[Page 14667]]

Figure 2 to Part 301--Halibut Size Limits

[GRAPHIC][TIFF OMITTED]TR20MR95.001

[FR Doc. 95-6667 Filed 3-14-95; 4:35 pm]

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.