Pacific Halibut Fisheries; Catch Sharing Plans

Federal RegisterMar 17, 1998

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 980225048-8059-02; I.D. 030698A]

RIN 0648-AK58

Pacific Halibut Fisheries; Catch Sharing Plans

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

Atmospheric Administration (NOAA), Commerce.

[[Page 13001]]

ACTION: Final rule; annual management measures for Pacific halibut

fisheries and approval of catch sharing plans.

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

behalf of the International Pacific Halibut Commission (IPHC),

publishes annual management measures promulgated as regulations by the

IPHC and approved by the Secretary of State governing the Pacific

halibut fishery. The AA also announces the approval of modifications to

the Catch Sharing Plan for Area 2A and publishes the implementing

regulations for 1998. These actions are intended to enhance the

conservation of the Pacific halibut stock in order to help rebuild and

sustain it at an adequate level in the northern Pacific Ocean and

Bering Sea.

DATES: This final rule is effective March 15, 1998.

ADDRESSES: NMFS Alaska Region, 709 West 9th St., P.O. Box 21668,

Juneau, AK 99802-1668; or NMFS Northwest Region, 7600 Sand Point Way

NE, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Joe Scordino, 206-526-6143 or Jay

Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations

governing the Pacific halibut fishery in 1998, under the Convention

between the United States and Canada for the Preservation of the

Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention),

signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol

Amending the Convention (signed at Washington, DC, on March 29, 1979).

The IPHC regulations have been approved by the Secretary of State of

the United States under section 4 of the Northern Pacific Halibut Act

(Halibut Act, 16 U.S.C. 773-773k). Pursuant to regulations at 50 CFR

300.62, the approved IPHC regulations setting forth the 1998 IPHC

annual management measures 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 26-29, 1998, in

Anchorage, Alaska, and adopted regulations for 1998. The substantive

changes to the previous IPHC regulations (62 FR 12759, March 18, 1997)

include:

1. New catch limits for all areas;

2. Elimination of the IPHC license requirements for halibut charter

vessels operating in waters off the coasts of Alaska and British

Columbia;

3. Revision of logkeeping requirements for commercial halibut

vessels 26 ft (7.9 meter (m)) and longer; and

4. Establishment of opening dates for the Area 2 commercial

directed halibut fishery.

In addition, this action implements Catch Sharing Plans (Plans) for

regulatory Areas 2A and 4C, 4D, and 4E. These Plans were developed

respectively by the Pacific Fishery Management Council (PFMC) and the

North Pacific Fishery Management Council (NPFMC) under authority of the

Halibut Act. 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 between the United States

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

be necessary to carry out the purposes and objectives of the Convention

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

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

authorizes the Regional Fishery Management Council having authority for

the geographic area concerned to develop regulations governing the

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

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

authority, NMFS requested the PFMC and NPFMC to allocate halibut

catches should such allocation be necessary.

Catch Sharing Plan (CSP) for Area 2A

The PFMC has prepared annual Plans since 1988 to allocate the

halibut catch limit for Area 2A among treaty Indian, non-Indian

commercial, and non-Indian sport fisheries in and off Washington,

Oregon, and California. In 1995, NMFS implemented a Council-

recommended, long-term Plan (60 FR 14651, March 20, 1995), which was

revised in 1996 (61 FR 11337, March 20, 1996) and 1997 (62 FR 12759,

March 18, 1997). The Plan allocates 35 percent of the Area 2A total

allowable catch (TAC) to Washington treaty Indian tribes in Subarea 2A-

1 and 65 percent to non-Indian fisheries in Area 2A. The allocation to

non-Indian fisheries is divided 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 commercial fishery is

further divided into two sectors: A directed (traditional longline)

commercial fishery that is allocated 85 percent of the non-Indian

commercial harvest, and a salmon troll fishery that is allocated 15

percent for harvests of incidental catches of halibut. The directed

commercial fishery in Area 2A is confined to southern Washington (south

of 46 deg.53'18'' N. lat.), Oregon and California. The Plan also

divides the sport fisheries into seven geographic areas, each with

separate allocations, seasons, and bag limits.

For 1998, PFMC recommended changes to the CSP to modify the Pacific

halibut sport fisheries in Area 2A in 1998 and beyond, pursuant to

recommendations from the Washington Department of Fish and Wildlife

(WDFW) and the Oregon Department of Fish and Wildlife (ODFW). The

purpose of the changes was to increase sport fishing opportunity for

halibut at higher TAC levels, allow sport fishery users to better

utilize their allocation, and provide an opportunity for sablefish

longline fishermen to retain incidentally caught halibut when the

halibut TAC is high. For the Washington sport fisheries, the PFMC

recommended changing the CSP such that when the 2A TAC is above 550,000

lb (249.5 mt), the sharing of the Washington sport allocation among the

four subareas would change to 32 percent each to the WA Inside Waters,

WA North Coast and WA South Coast subareas, and 4 percent to the

Columbia River subarea. Further, at TACs in excess of 900,000 lb (408.2

mt), the Council recommended applying the Washington sport share of the

TAC above 214,110 lb (97.1 mt), provided a minimum of 10,000 lb (4.5

mt) is available (i.e., the Washington sport allocation is 224,110 lb

(101.7 mt) or greater) to incidental catches in the non-Indian

commercial fishery for sablefish north of Point Chehalis, WA. For the

Oregon sport fisheries, the Council recommended frameworking the

opening dates and providing a fixed season for the Oregon South Coast

area.

A complete description of the PFMC recommended changes to the CSP,

notice of a draft Environmental Assessment and Regulatory Impact Review

(EA/RIR), and proposed sport fishery management measures were published

in the Federal Register on January 26, 1998 (63 FR 3693), with a

request for public comments. No public comments were received on the

proposed changes to the CSP, except for a statement of support for the

changes by the Washington Department of Fish and Wildlife. Also, no

comments were received on the EA/RIR. Therefore, NMFS has approved the

changes to the CSP as proposed, made a finding of no significant impact

on the environment, and finalized the EA/RIR. Copies of the complete

CSP for Area 2A as modified and the final EA/RIR are available from the

NMFS Northwest Regional Office (see ADDRESSES).

[[Page 13002]]

In accordance with the CSP, the WDFW and the ODFW held public

workshops (after the IPHC set the Area 2A quota) on February 2 and 9,

1998, respectively, to develop recommendations on the opening dates and

weekly structure of the sport fisheries. The WDFW and ODFW sent letters

to NMFS on February 6 and 17, 1998, respectively, advising on the

outcome of the workshop and provided the following comments and

recommendations on the opening dates and season structure for the sport

fisheries. In addition, NMFS received one public comment on the

proposed sport seasons included in the following comment and response

section.

Comment: WDFW recommended a May 22 to August 3 season, 5 days per

week (closed Tuesday and Wednesday) for the Washington Inside Waters

area sport fishery. The recommended number of fishing days is based on

analysis of past harvest patterns in this fishery.

Response: NMFS agrees with the calculated number of fishing days

necessary to achieve, but not exceed, the subquota for this area. The

recommended season has been incorporated in the 1998 sport fishery

measures.

Comment: WDFW recommended that the Washington North Coast area

sport fishery be structured such that 15,000 lb (6.8 mt) of the subarea

quota be reserved to provide for the second priority in the CSP--a July

1 season. The WDFW recommendation is for the sport fishery to open on

May 1 and to continue to June 30, or until 81,052 lb (36.7 mt) of the

96,052 lb (43.6 mt) quota are harvested. The fishery would reopen on

July 1 and continue 5 days/week (closed Sunday and Monday) until the

quota has been taken or until September 30.

Response: NMFS agrees and has incorporated these recommendations

into the 1998 sport fishery measures.

Comment: WDFW recommended that the seasonal structure set forth in

the CSP be implemented for the sport fisheries in the Washington South

Coast and the Columbia River subareas.

Response: NMFS has structured the seasons for these subareas in

accordance with the CSP.

Comment: ODFW recommended a 6-day season for the May opening in the

Oregon Central Coast and South Coast subareas based on an analysis of

past harvest rates which indicated an increasing annual trend in the

sport fishery. Sport users at the ODFW workshop recommended a 7-day

season based on the 1997 rates of harvest. ODFW did not recommend using

the 1997 harvest per day because the annual harvest per day has

consistently exceeded the rate from the previous year. One public

comment submitted to NMFS recommended a 7-day season.

Response: NMFS has implemented a 6-day fixed season in May for

these two subareas. The CSP stipulates that the number of fixed season

days established will be based on the projected catch per day with the

intent of not exceeding the subarea season subquotas. Based on the

increasing annual trend in harvest in these sport fisheries, a 7-day

season may result in a catch that exceeds the subquota, and would not

be consistent with the CSP.

Comment: ODFW and the public in attendance at the ODFW workshop

recommended no additional open days in May-June if unharvested quota

remains after the fixed opening days in the Oregon Central Coast

subarea. Instead, it was recommended that any unused quota be used in

the August fishery, which is a Friday-Saturday fishery. One public

comment submitted to NMFS recommended additional fishing on Thursdays

in June.

Response: The CSP stipulates that ``If sufficient catch remains for

an additional day of fishing after the May season or the August season,

openings will be provided if possible in May and August respectively.

Potential additional open dates for both the May and August seasons

will be announced preseason.'' Further, the CSP stipulates that ``ODFW

will monitor landings and provide a post-season estimate of catch

within 2 weeks of the end of the fixed season.'' Since a 6-day May

season would extend to late May (May 23), additional opening dates in

May cannot be set that would provide the necessary 2-week timeframe for

ODFW to estimate the catch during the fixed season. Therefore, NMFS

agrees with the recommendation to transfer any unused quota to the

August fishery.

Comment: ODFW and the public in attendance at the ODFW workshop

recommended 4 additional opening days after the May fixed season on

June 12, 13, 19, and 20, with a Saturday preference, for the Oregon

South Coast subarea.

Response: NMFS has incorporated these dates in the sport fishery

management measures.

Comment: ODFW recommended a 1-day fixed season for the August

fishery on August 7 based on an analysis of past harvest rates. Sport

users at the ODFW workshop recommended a 2-day season on August 7 and

8. ODFW did not recommend a 2-day season because the projected catch

would exceed the quota with 2 full days of fishing. ODFW will make a

projection in mid-July to determine whether sufficient quota remains to

recommend a second day of fishing on August 8.

Response: The August fishery is scheduled for only 1 day on August

7 to ensure that the quota is not exceeded. Inseason action may be

taken to allow for an additional all-depth fishing day in accordance

with the CSP if sufficient quota remains. If the remaining unharvested

quota is insufficient for 1 day of all depth fishing, the CSP

stipulates that the fishery will reopen in the area inside 30 fathoms

and continue until the quota is taken or September 30, whichever is

earlier.

Accordingly, NMFS has implemented sport fishing management measures

in Area 2A based on recommendations from the states in accordance with

the CSP.

Catch Sharing Plan for Areas 4C, 4D, and 4E

The NPFMC developed a Plan in 1996 for allocating the Area 4 catch

limit established by the IPHC among subareas 4A, 4B, 4C, 4D, and 4E.

This Plan was approved by NMFS and first implemented in 1996 (61 FR

11337, March 20, 1996). In 1997, the NPFMC recommended changing the

Plan. NMFS published a proposed rule in the Federal Register (63 FR

1812, January 12, 1998) to implement the NPFMC action to revise the

CSP. Public comment on the proposed rule was invited for a 30-day

period that ended on February 11, 1998. No comments were received. This

final rule contains no changes from the proposed rule. Amendment of the

Plan as proposed was approved by NMFS and implemented by this action.

The revised CSP removed Areas 4A and 4B from the CSP, so that catch

limits for those areas and a combined Area 4C-4E may be set according

to the IPHC's biomass-based methodology. Further, the revised CSP

provides for apportioning the combined Area 4C-4E catch limit among

Areas 4C, 4D, and 4E as separate catch limits. The revised CSP

constitutes a framework to be applied to the combined annual catch

limit established by the IPHC for Areas 4C, 4D, and 4E. The purpose of

the revised CSP is to provide for the apportionment of catch limits to

Areas 4C, 4D, and 4E apart from Areas 4A and 4B. This is necessary to

carry out the objectives of the Individual Fishing Quota and Western

Alaska Community Development Quota programs, which allocate halibut

among U.S. fishermen. The IPHC, consistent with its authority and

responsibilities, will implement the measures specified in this CSP

beginning in 1998. This revised CSP

[[Page 13003]]

will continue in effect until amended by the NPFMC or superseded by

action of the IPHC. The 1998 catch limits established by the IPHC for

the Areas 4C, 4D, and 4E and published at section 11 of the following

regulations are consistent with the Plan.

In addition to revision of the CSP, the proposed rule published

January 12, 1998 (63 FR 1812), proposed a regulatory change at 50 CFR

300.63(b). This change is necessary for consistency with the revised

CSP implemented by this action. The 30-day public comment period on the

proposed rule change ended on February 11, 1998, and no comments were

received. Therefore, NMFS is incorporating into this action the final

rule implementing the change to 50 CFR 300.63(b) with no change from

the proposed rule.

The 1998 Pacific halibut fishery regulations that follow are

identical to those recommended by the IPHC and approved by the

Secretary of State and include the domestic regulations approved by

NMFS that are necessary to implement the CSP in Area 2A.

1998 Pacific Halibut Fishery Regulations

1. Short Title

These regulations may be cited as the Pacific Halibut Fishery

Regulations.

2. Interpretation

(1) In these Regulations,

(a) Authorized officer means any State, Federal, or Provincial

officer authorized to enforce these regulations including, but not

limited to, the National Marine Fisheries Service (NMFS), Canada's

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

and Wildlife Protection (ADFWP), and the United States Coast Guard

(USCG);

(b) Charter vessel means a vessel used for hire in sport fishing

for halibut, but not including a vessel without a hired operator;

which either is or is intended to be sold or bartered;

(d) Commission means the International Pacific Halibut

Commission;

(e) Daily bag limit means the maximum number of halibut a person

may take in any calendar day from Convention waters;

(f) 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;

(g) Fishing period limit means the maximum amount of halibut

that may be retained and landed by a vessel during one fishing

period;

(h) Land, with respect to halibut, means the offloading of

halibut from the catching vessel;

(i) License means a halibut fishing license issued by the

Commission pursuant to section 3;

(j) Maritime area, in respect of the fisheries jurisdiction of a

Contracting Party, includes without distinction areas within and

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

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

the master or other individual on board and in charge of that

vessel;

(l) 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);

(m) Person includes an individual, corporation, firm, or

association;

(n) Regulatory area means an area referred to in section 6;

(o) Setline gear means one or more stationary, buoyed, and

anchored lines with hooks attached;

(p) Sport fishing means all fishing other than commercial

fishing and treaty Indian ceremonial and subsistence fishing;

(q) 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;

(2) In these Regulations, 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.

(3) In these Regulations all weights shall be computed on the

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

3. Licensing Vessels

(1) No person shall fish for halibut from a vessel, nor possess

halibut on board a vessel, used either for commercial fishing or as

a charter vessel in Area 2A unless the Commission has issued a

license valid for fishing in Area 2A in respect of that vessel.

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

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

vessel, but not both.

(3) A license issued for a vessel operating in the commercial

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

commercial fishery during the fishing periods specified in paragraph

(2) of section 8 or the incidental catch fishery during the salmon

troll fishery specified in paragraph (3) of section 8, but not both.

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

paragraph (1) must be carried on board that vessel at all times and

the vessel operator shall permit its inspection by any authorized

officer.

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

without fee from its office in Seattle, Washington, upon receipt of

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

for the Halibut Fishery'' form.

(6) A vessel operating in the directed commercial fishery in

Area 2A must have its ``Application for Vessel License for the

Halibut Fishery'' form postmarked no later than 11:59 P.M. on April

30, or on the first weekday in May if April 30 is a Saturday or

Sunday.

(7) A vessel operating in the incidental commercial fishery

during the salmon troll season in Area 2A must have its

``Application for Vessel License for the Halibut Fishery'' form

postmarked no later than 11:59 P.M. on March 31, or the first

weekday in April if March 31 is a Saturday or Sunday.

(8) Application forms may be obtained from any authorized

officer or from the Commission.

(9) Information on ``Application for Vessel License for the

Halibut Fishery'' form must be accurate.

(10) The ``Application for Vessel License for the Halibut

Fishery'' form shall be completed and signed by the vessel owner.

(11) Licenses issued under this section shall be valid only

during the year in which they are issued.

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

transferred, renamed, or re-documented.

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

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

the United States or any of its States.

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

license issued under this section under policies and procedures in

Title 15, Code of Federal regulations, part 904.

4. Inseason Actions

(1) The Commission is authorized to establish or modify

regulations during the season after determining that such action:

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

preseason for each regulatory area;

(b) Is consistent with the Convention between the United States

of America 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

domestic catch sharing plans developed by the United States or

Canadian governments.

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

establishment or modification of the following:

(a) Closed areas;

(b) Fishing periods;

(d) Gear restrictions;

(e) Sport bag limits;

(f) Size limits; or

(g) Vessel clearances.

(3) Inseason changes will be effective at the time and date

specified by the Commission.

(4) The Commission will announce inseason actions under this

section by providing notice to major halibut processors; Federal,

State, United States treaty Indian, and Provincial fishery

officials; and the media.

5. Application

(1) These Regulations apply 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.

[[Page 13004]]

(2) Sections 6 to 21 apply to commercial fishing for halibut.

(3) Section 7 applies to the Western Alaska Community

Development Quota (CDQ) fishery in Area 4E.

(4) Section 22 applies to the United States treaty Indian tribal

fishery in Area 2A-1.

(5) Section 23 applies to sport fishing for halibut.

(6) These Regulations do not apply to fishing operations

authorized or conducted by the Commission for research purposes.

6. Regulatory Areas

The following areas shall be regulatory areas for the purposes

of the Convention:

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

Oregon, and Washington;

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

(3) Area 2C includes all waters off Alaska that are east of a

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

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

running 205 deg. true from said light;

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

extending from the most northerly point on Cape Aklek

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

(57 deg.41'17'' 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;

(5) 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;

(6) Area 4A includes all waters in the Gulf of Alaska west of

Area 3B and in the Bering Sea west of the closed area defined in

section 10 that are east of 172 deg.00'00'' W. long. and south of

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

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

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

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

4A and north of the closed area defined in section 10 which are east

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

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

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

4A and 4B, north and west of Area 4C, and west of 168 deg.00'00'' W.

long.;

(10) Area 4E includes all waters in the Bering Sea north and

east of the closed area defined in section 10, east of

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

7. Fishing in Regulatory Area 4E

(1) A person may retain halibut taken with setline gear in the

Area 4E CDQ fishery that are smaller than the size limit specified

in Section 13, provided that no person may sell or barter such

halibut.

(2) Section 7 shall be effective until December 31, 1999.

8. Fishing Periods

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

catch limits specified in section 10 have not been taken.

(2) 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 22, August 19, August 26, September 9,

and September 23, unless the Commission specifies otherwise.

(3) Notwithstanding paragraph (2), and paragraph (7) of section

11, 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.

(4) 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.

(5) 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.

9. Closed Periods

(1) No person shall engage in fishing for halibut in any

regulatory area other than during the fishing periods set out in

section 8 in respect of that area.

(2) No person shall land or otherwise retain halibut caught

outside a fishing period applicable to the regulatory area where the

halibut was taken.

(3) Subject to paragraphs (7), (8), (9), and (10) of section 19,

these Regulations do not prohibit fishing for any species of fish

other than halibut during the closed periods.

(4) Notwithstanding paragraph (3), no person shall have halibut

in his/her possession while fishing for any other species of fish

during the closed periods.

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

closed period if the vessel has any halibut on board.

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

halibut fishing gear during the closed period after the operator

notifies an authorized officer or representative of the Commission

prior to that retrieval.

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

(6), the vessel shall submit to a hold inspection at the discretion

of the authorized officer or representative of the Commission.

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

under paragraph (6).

(9) No person shall possess halibut aboard a vessel in a

regulatory area during a closed period unless that vessel is in

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

lawfully sold.

10. Closed Area

(1) All waters in the Bering Sea north of 55 deg.00'00'' 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.

All waters in Isanotski Strait between 55 deg.00'00'' N. lat. and

54 deg.49'00'' N. lat. are closed to commercial halibut fishing.

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

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

halibut fishery.

11. Catch Limits

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

halibut fishing periods specified in section 8 shall be limited to

the weight expressed in pounds or metric tons (mt) shown in the

following table:

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

Regulatory area

Catch limits ----------------------------

Pounds Metric tons

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

2A......................................... 168,961 76.6

2B......................................... 13,000,000 5,895.7

2C......................................... 10,500,000 4,761.9

3A......................................... 26,000,000 11,791.4

3B......................................... 11,000,000 4,988.7

4A......................................... 3,500,000 1,587.3

4B......................................... 3,500,000 1,587.3

4C......................................... 1,590,000 721.1

4D......................................... 1,590,000 721.1

4E......................................... 320,000 145.1

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

(2) Notwithstanding paragraph (1) 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 paragraph 2 of Section 8 and an incidental

halibut catch fishery during the salmon troll fishery in Area 2A

described in paragraph 3 of Section 8. Inseason actions to transfer

catch between these fisheries may occur in conformance with the

Catch Sharing Plan for Area 2A.

(a) The catch limit in the directed halibut fishery is 143,617

lb (65.1 mt).

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

salmon troll fishery is 25,344 lb (11.5 mt).

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

the 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.

(4) Notwithstanding paragraph (1), 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.

(5) Notwithstanding paragraph (1), 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 the National Marine

Fisheries Service have been taken, or November 15, whichever is

earlier.

(6) If the Commission determines that the catch limit specified

for Area 2A in paragraph (1) would be exceeded in an unrestricted

10-hour fishing period as specified in paragraph (2) of section 8,

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

unless fishing period limits are implemented.

(7) When under paragraphs (2), (3) or (6) the Commission has

announced a date on

[[Page 13005]]

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.

12. Fishing Period Limits

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

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

which the Commission has announced a fishing period limit.

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

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

commencing an offload of halibut to a commercial fish processor,

completely offload all halibut on board said vessel to that

processor and ensure that all halibut is weighed and reported on

State fish tickets.

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

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

commencing an offload of halibut other than to a commercial fish

processor, completely offload all halibut on board said vessel and

ensure that all halibut are weighed and reported on State fish

tickets.

(4) The provisions of paragraph (3) are not intended to prevent

retail over-the-side sales to individual purchasers so long as all

the halibut on board is ultimately offloaded and reported.

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

retainable catch will be determined by the Commission based on:

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

class;

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

and

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

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

Overall length Vessel class

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

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

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

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

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

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

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

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

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

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

(7) Fishing period limits in Area 2A apply only to the directed

halibut fishery referred to in paragraph (2) of section 8.

13. Size Limits

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

(a) With the head on, is less than 32 inches (81.3 cm) as

measured in a straight line, passing over the pectoral fin from the

tip of the lower jaw with the mouth closed, to the extreme end of

the middle of the tail, as illustrated in Figure 2; or

(b) With the head removed, is less than 24 inches (61.0 cm) as

measured from the base of the pectoral fin at its most anterior

point to the extreme end of the middle of the tail, as illustrated

in Figure 2.

(2) No person shall possess on board a vessel a halibut that has

been mutilated, or otherwise disfigured in any manner that prevents

the determination of whether the halibut complies with the size

limits specified in this section, except that:

(a) This paragraph shall not prohibit the possession on board a

vessel of halibut cheeks cut from halibut caught by persons

authorized to process the halibut on board in accordance with NMFS

regulations published at Title 50, Code of Federal regulations, part

679; and

(b) No person shall possess a filleted halibut on board a

vessel.

(3) No person on board a vessel fishing for, or tendering,

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

head removed.

14. 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.

15. Vessel Clearance in Area 4

(1) The operator of any vessel that fishes for halibut in Areas

4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in

any of these areas, and before the unloading of any halibut caught

in any of these areas, unless specifically exempted in paragraphs

(9), (12), (13), (14), or (15).

(2) The vessel clearance required under paragraph (1) prior to

fishing in Area 4A may be obtained only at Dutch Harbor or Akutan,

Alaska, from an authorized officer of the United States, a

representative of the Commission, or a designated fish processor.

(3) The vessel clearance required under paragraph (1) prior to

fishing in Area 4B may only be obtained at Nazan Bay on Atka Island,

Alaska, from an authorized officer of the United States, a

representative of the Commission, or a designated fish processor.

(4) The vessel clearance required under paragraph (1) prior to

fishing in Area 4C or 4D may be obtained only at St. Paul or St.

George, Alaska, from an authorized officer of the United States, a

representative of the Commission, or a designated fish processor by

VHF radio and allowing the person contacted to confirm visually the

identity of the vessel.

(5) The vessel operator shall specify the specific regulatory

area in which fishing will take place.

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

operator may obtain the clearance required under paragraph (1) only

in Dutch Harbor or Akutan, Alaska, by contacting an authorized

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

a designated fish processor.

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

operator may obtain the clearance required under paragraph (1) only

in Nazan Bay on Atka Island, 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.

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

vessel operator may obtain the clearance required under paragraph

(1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska,

either in person or by contacting an authorized officer of the

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

fish processor. The clearances obtained in St. Paul or St. George,

Alaska, can be obtained by VHF radio and allowing the person

contacted to confirm visually the identity of the vessel.

(9) Any vessel operator who complies with the requirements in

Section 18 for possessing halibut on board a vessel that was caught

in more than one regulatory area in Area 4 is exempt from the

clearance requirements of paragraph (1) of this section, but must

comply with the following requirements:

(a) The operator of the vessel must obtain a vessel clearance

prior to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul,

St. George, or Nazan Bay on Atka Island by contacting an authorized

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

a designated fish processor. The clearance obtained in St. Paul, St.

George, or Nazan Bay on Atka Island can be obtained by VHF radio and

allowing the person contacted to confirm visually the identity of

the vessel. This clearance will list the Areas in which the vessel

will fish; and

(b) Before unloading any halibut from Area 4, the vessel

operator must obtain a vessel clearance from Dutch Harbor, Akutan,

St. Paul, St. George, or Nazan Bay on Atka Island by contacting an

authorized officer of the United States, a representative of the

Commission, or a designated fish processor. The clearance obtained

in St. Paul, St. George, or Nazan Bay on Atka Island can be obtained

by VHF radio and allowing the person contacted to confirm visually

the identity of the vessel.

(10) Vessel clearances shall be obtained between 0600 and 1800

hours, local time.

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

clearances required prior to fishing in Area 4.

(12) Any vessel that is used to fish for halibut only in Area 4A

and lands its total annual halibut catch at a port within Area 4A is

exempt from the clearance requirements of paragraph (1).

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

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

exempt from the clearance requirements of paragraph (1).

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

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

exempt from the clearance requirements of paragraph (1).

(15) Any vessel that is used to fish for halibut only in Areas

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

Areas 4D, 4E, or the closed area defined in section 10, is exempt

from the clearance requirements of paragraph (1).

16. Logs

(1) The operator of any U.S. vessel that has an overall length

of 26 feet (7.9 meters) or

[[Page 13006]]

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. The log information must be

recorded in the groundfish daily fishing logbook provided by NMFS,

or Alaska hook-and-line logbook provided by Petersburg Vessels Owner

Association or Alaska Longline Fishermen's Association, or the

logbook provided by IPHC.

(2) The log referred to in paragraph (1) shall be

(a) Maintained on board the vessel;

(b) 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;

of the vessel;

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

authorized representative of the Commission upon demand; and

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

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

offloading halibut.

(3) The log referred to in paragraph (1) does not apply to the

incidental halibut fishery in Area 2A defined in paragraph (3) of

section 8.

(4) The operator of any Canadian vessel 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. The log information must be recorded in the British

Columbia Halibut Fishery logbook provide by the Department of

Fisheries and Oceans (DFO).

(5) The log referred to in paragraph (4) shall be:

(a) Maintained on board the vessel;

(b) 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;

the vessel;

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

authorized representative of the Commission upon demand;

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

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

offloading halibut; and

(f) Within 7 days of offloading the yellow copy be mailed to the

DFO and the white copy be mailed to IPHC.

(6) The poundage of any halibut that is not sold, but is

utilized 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.

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

this section.

17. Receipt and Possession of Halibut

(1) No person shall receive halibut from a United States vessel

that does not have on board the license required by section 3.

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

gills and entrails have been removed prior to offloading.

(3) A commercial fish processor in the United States who

purchases or receives halibut directly from the owner or operator of

a vessel that was engaged in halibut fishing must weigh and record

all halibut on board said vessel at the time offloading commences

and record on State fish tickets or Federal catch reports the date,

locality, name of vessel, Halibut Commission license number (for

Area 2A), the name(s) of the person(s) from whom the halibut was

purchased; and the scale weight obtained at the time of offloading

of all halibut on board the vessel including the pounds purchased;

pounds in excess of IFQs, IVQs, or fishing period limits; pounds

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

consumption.

(4) The master or operator of a Canadian vessel that was engaged

in halibut fishing must weigh and record all halibut on board said

vessel at the time offloading commences and record on State fish

tickets or Federal catch reports the date, locality, name of vessel,

the name(s) of the person(s) from whom the halibut was purchased;

and the scale weight obtained at the time of offloading of all

halibut on board the vessel including the pounds purchased; pounds

in excess of IVQs; pounds retained for personal use; and pounds

discarded as unfit for human consumption.

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

a Federal catch or landing report referred to in paragraph (3) and

(4).

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

paragraph (3) and (4) shall be:

(a) Retained by the person making them for a period of three

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

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

authorized representative of the Commission.

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

have been taken in contravention of these Regulations.

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

processor the records required by paragraph (3) shall be maintained

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

compliance with paragraph (6).

(9) 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.

18. Fishing Multiple Regulatory Areas

(1) Except as provided in this section, no person shall possess

at the same time on board a vessel halibut caught in more than one

regulatory area.

(2) Halibut caught in Regulatory Areas 2C, 3A, and 3B may be

possessed on board a vessel at the same time providing the operator

of the vessel:

(a) Has a NMFS-certified observer on board when required by NMFS

regulations published at Title 50, Code of Federal Regulations,

section 679.7(f)(4); and

(b) Can identify the regulatory area in which each halibut on

board was caught by separating halibut from different areas in the

hold, tagging halibut, or by other means.

(3) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be

possessed on board a vessel at the same time providing the operator

of the vessel:

(a) Has a NMFS-certified observer on board the vessel when

halibut caught in different regulatory areas are on board; and

(b) Can identify the regulatory area in which each halibut on

board was caught by separating halibut from different areas in the

hold, tagging halibut, or by other means.

(4) Halibut caught in Regulatory Areas 4A, 4B, 4C, and 4D may be

possessed on board a vessel when in compliance with paragraph (3)

and if halibut from Area 4 are on board the vessel, the vessel can

have halibut caught in Regulatory Areas 2C, 3A, and 3B on board if

in compliance with paragraph (2).

19. Fishing Gear

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

hook and line gear.

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

than hook and line gear.

(3) No person shall possess halibut while on board a vessel

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

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

by any United States vessel used for halibut fishing shall be marked

with one of the following:

(a) The vessel's name;

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

(5) The markings specified in paragraph (4) shall be in

characters at least 4 inches in height and one-half inch in width in

a contrasting color visible above the water and shall be maintained

in legible condition.

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

by a Canadian vessel used for halibut fishing shall be:

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

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

vessel engaged in commercial fishing from which that setline is

being operated.

(7) No person on board a vessel 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.

(8) 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.

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

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

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

the opening of the halibut fishing season shall catch or possess

halibut anywhere in those areas until the vessel has removed all of

its setline gear from the water and has either:

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

other fish; or

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

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

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

[[Page 13007]]

4E during the 72-hour period immediately before the opening of the

halibut fishing season may be used to catch or possess halibut

anywhere in those areas until the vessel has removed all of its

setline gear from the water and has either:

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

other fish; or

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

(11) Notwithstanding any other provision in these regulations, a

person may retain and possess, but not sell or barter halibut taken

with trawl gear only as authorized by NMFS' Prohibited Species

Donation regulations.

20. Retention of Tagged Halibut

(1) Nothing contained in these Regulations prohibits any vessel

at any time from retaining and landing a halibut that bears a

Commission tag at the time of capture, if the halibut with the tag

still attached is reported at the time of landing and made available

for examination by a representative of the Commission or by an

authorized officer.

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

of the Commission or an authorized officer, the halibut

(a) May be retained for personal use; or

(b) May be sold if it complies with the provisions of section

13, Size Limits.

21. Supervision of Unloading and Weighing

The unloading and weighing of halibut may be subject to the

supervision of authorized officers to assure the fulfillment of the

provisions of these Regulations.

22. Fishing by United States Treaty Indian Tribes

(1) Halibut fishing in subarea 2A-1 by members of United States

treaty Indian tribes located in the State of Washington shall be

regulated under regulations promulgated by NMFS and published in the

Federal Register.

(2) Subarea 2A-1 includes all waters off the coast of Washington

that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00''

W. long., and all inland marine waters of Washington.

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

with hook and line gear from March 15 through November 15, or until

272,000 lb (123.4 mt) is taken, whichever occurs first.

(4) Ceremonial and subsistence fishing for halibut in subarea

2A-1 is permitted with hook and line gear from January 1 through

December 31, and is estimated to take 15,000 lb (6.8 mt).

23. Sport Fishing for Halibut

(1) No person shall engage in sport fishing for halibut using

gear other than a single line with no more than two hooks attached;

or a spear.

(2) In all waters off Alaska:

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

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

person.

(3) In all waters off British Columbia:

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

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

person.

(4) In all waters off California, Oregon, and Washington:

(a) The total allowable catch of halibut shall be limited to

195,078 lb (88.5 mt) in waters off Washington and 168,961 lb (76.6

mt) in waters off California and Oregon;

(b) The sport fishing subareas, subquotas, fishing dates, and

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

inseason actions in Section 24. 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.44'00'' W. long.) to

Cape Flattery (48 deg.22 deg.55'' N. lat., 124 deg.43'42'' W.

long.), there is no quota. This area is managed by setting a season

that is projected to result in a catch of 57,191 lb (25.9 mt).

(A) The fishing season is May 22 through August 3, 5 days a week

(Thursday through Monday).

(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.3'42'' N. lat.), the quota for landings

into ports in this area is 96,052 lb (43.6 mt). Landings into Neah

Bay of halibut caught in this area will be governed by this

paragraph.

(A) The fishing seasons are:

(1) Commencing May 1 and continuing 5 days a week (Tuesday

through Saturday) until 81,052 lb (36.8 mt) are estimated to have

been taken and the season is closed by the Commission, or until June

30, whichever occurs first.

(2) Commencing July 1 and continuing 5 days a week (Tuesday

through Saturday) until the overall area quota of 96,052 lb (43.6

mt) are estimated to have been taken and the area is closed by the

Commission, or until September 30, whichever occurs first.

(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 quota for landings into

ports in this area is 36,648 lb (16.6 mt).

(A) The fishing season commences on May 3 and continues 5 days a

week (Sunday through Thursday) until 35,648 lb (16.1 mt) are

estimated to have been taken and the season is closed by the

Commission. Immediately following this closure, the season reopens

in the area from the Queets River south to 47 deg.00'00'' N. lat.

and east of 124 deg.40'00'' W. long. and continues every day until

36,648 lb (16.6 mt) are estimated to have been taken and the area is

closed by the Commission, or until September 30, whichever occurs

first.

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

person.

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

closed to sport fishing for halibut.

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

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

this area is 8,565 lb (3.9 mt).

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

day through September 30, or until 8,565 lb (3.9 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 with a minimum overall

size limit of 32 inches (81.3 cm).

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

River at the Florence north jetty (44 deg.01'08'' N. lat.), the

quota for landings into ports in this area is 149,362 lb (67.8 mt).

(A) The fishing seasons are:

(1) The first season is open on May 14, 15, 16, 21, 22, and 23.

The projected catch for this season is 101,566 lb (46.1 mt). Any

poundage remaining unharvested will be added to the August season.

(2) The second season commences May 24 and continues every day

through August 6, 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 10,455 lb (4.7 mt) or the

subarea quota is estimated to have been taken and the season is

closed by the Commission, whichever is earlier.

(3) The third season is open on August 7 or until the combined

quotas for the subareas described in paragraphs (v) and (vi) of this

section totaling 161,189 lb (73.1 mt) are estimated to have been

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

earlier. If the harvest during this opening does not achieve the

161,189 lb (73.1 mt) quota, the season will reopen. If the amount of

unharvested catch available is sufficient for an additional day of

all-depth fishing, the reopening date will be announced inseason on

the NMFS hotline (206) 526-6667 or (800) 662-9825. If the amount of

unharvested catch available is not sufficient for an additional day

of all-depth fishing, a reopening of the fishery will be announced

on the NMFS hotline for the area inside the 30-fathom curve (55 m)

which will continue for 7 days per week until the quota is taken or

September 30, whichever is earlier. No halibut fishing will be

allowed after August 7 unless the opening is announced on the NMFS

hotline.

(B) The daily bag limit is two halibut, one with a minimum

overall size limit of 32 inches (81.3 cm) and the second with a

minimum overall size limit of 50 inches (127.0 cm).

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

Florence north jetty and

[[Page 13008]]

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

landings into ports in this area is 11,827 lb (5.4 mt).

(A) The fishing seasons are:

(1) The first season is open on May 14, 15, 16, 21, 22 and 23.

The projected catch for this season is 9,462 lb (4.3 mt). If

sufficient unharvested catch remains for an additional day's

fishing, the season will reopen. Dependent on the amount of

unharvested catch available, the season reopening dates will be June

13, then June 12, then June 20, and then June 19. If a decision is

made inseason by NMFS to allow fishing on one or more of these

additional dates, notice of the opening will be announced on the

NMFS hotline (206) 526-6667 or (800) 662-9825. No halibut fishing

will be allowed on the additional dates unless the opening date is

announced on the NMFS hotline.

(2) The second season commences May 24 and continues every day

through August 6, 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 2,365 lb (1.1 mt) or the