Pacific Halibut Fisheries; Catch Sharing Plan

Federal RegisterMar 19, 1999

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 990312074-9074-01; I.D. 010899B]

RIN 0648-AM35

Pacific Halibut Fisheries; Catch Sharing Plan

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; annual management measures for Pacific halibut

fisheries and approval of catch sharing plan.

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

behalf of the International Pacific Halibut Commission (IPHC),

publishes 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 implementing

[[Page 13520]]

regulations for 1999. These actions are intended to enhance the

conservation of the Pacific halibut stock and are necessary to further

the goals and objectives of the Pacific Fishery Management Council

(PFMC) and the North Pacific Fishery Management Council (NPFMC).

DATES: Effective March 15, 1999.

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 (http://www.nwr.noaa.gov).

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228, or Yvonne

deReynier, 206-526-6140.

SUPPLEMENTARY INFORMATION: The IPHC has promulgated regulations

governing the Pacific halibut fishery in 1999, 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 in Washington, D.C., 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, NMFS published the approved IPHC regulations setting

forth the 1999 IPHC annual management measures 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 25-28, 1999, in Prince

Rupert, British Columbia, and adopted regulations for 1999. The

substantive changes to the previous IPHC regulations (63 FR 13000,

March 17, 1998) include:

1. New catch limits for all areas;

2. Modifications to the vessel clearances for Area 4B. Non-local

vessels fishing in Area 4B will continue to be required to obtain a

clearance in person prior to fishing. Adak has been added as a location

to obtain clearances for Area 4B; therefore, clearance prior to fishing

in Area 4B can be obtained at either Nazan Bay on Atka Island or Adak.

The clearance required at the completion of fishing in Area 4B must be

obtained either in person or by VHF radio (no visual identification of

the vessel is necessary);

3. Modification of the careful release regulation for consistency

with NMFS regulations. All halibut caught and not retained must now be

released outboard of the roller by one of the careful release methods;

4. Modification of the regulations on fishing in Area 4E to require

the manager of an authorized community development quota (CDQ)

organization that allows persons to harvest halibut in Area 4E CDQ

fishery to report the total number and weight of undersized halibut to

the IPHC. The report must include the methodology on how the data were

collected and be received by IPHC prior to December 1, 1999; and

5. Establishment of opening dates for the Area 2A commercial

directed fishery for halibut.

In addition, this action implements changes to the Catch Sharing

Plan (Plan) for regulatory Area 2A. The PFMC developed the Plan under

authority of the Halibut Act. Section 5 of the Halibut Act (16 U.S.C.

773c) gives the Secretary of Commerce (Secretary) general

responsibility to carry out the Convention between the United States

and Canada and authorizes the Secretary to 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 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 long-term Plan

recommended by the PFMC (60 FR 14651, March 20, 1995), which was

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

18, 1997), and 1998 (63 FR 13000, March 17, 1998). 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 15

percent for harvests of halibut caught incidental to the salmon troll

fishery. 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.

No vessel with a commercial license (directed or incidental) for

halibut may be used in any sport fishery for halibut. No vessel with a

charter license for halibut or that has been used to fish for halibut

in sport fisheries may be used to fish in a commercial fishery for

halibut in the same calendar year. A vessel may be licensed either to

fish in the directed commercial fishery for halibut, or to land halibut

incidentally to the salmon troll fishery, but not both.

For 1999, the PFMC recommended changes to the Plan to modify the

Pacific halibut sport fisheries in Area 2A in 1999 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 provide more sport season management

flexibility, allowing greater access to halibut by anglers fishing from

small boats, and increasing the likelihood that incidentally-caught

halibut may be landed. The changes would also clarify commercial catch

sharing language and would clarify halibut retention language for the

portion of the Plan that addresses treaty Indian ceremonial and

subsistence fisheries. For the Washington sport fisheries, the PFMC

recommended modifying the boundaries of a sport fishing closed area

within the Washington south coast subarea to better define the

boundaries of a zone of halibut abundance. Further, the PFMC

recommended restructuring the Washington south coast subarea sport

fishery to allow landing from a small nearshore area on days that the

offshore fishery is closed. For the Oregon sport fisheries, the PFMC

recommended measures to allow the nearshore fishery south of Cape

Falcon better access to its quota, measures to coordinate management of

the Oregon sport fishery south of Humbug Mountain with management of

the California sport fishery, and measures to set the bag limit for all

sport fisheries south of Leadbetter Point, WA, at the first fish caught

that is 32 inches (81.3 cm) or

[[Page 13521]]

greater in length. In addition to these recommendations for sport

fisheries, the PFMC recommended clarifying current Plan language that

describes the inseason division of the commercial quota between the

directed fishery and incidental landings in the salmon troll fishery.

NMFS, in consultation with treaty Indian tribes, has also recommended

clarifying the current halibut retention language for treaty Indian

ceremonial and subsistence fisheries. These clarifications to Plan

language are housekeeping changes and do not change the intent of the

Plan or the catch sharing divisions therein.

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

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 February 11, 1999 (64 FR 6869) with a

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

proposed changes to the Plan or on the EA/RIR. Therefore, NMFS has

approved the changes to the Plan as proposed, made a finding of no

significant impact, and finalized the EA/RIR. Copies of the complete

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

the NMFS Northwest Regional Office (see ADDRESSES).

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

workshops (after the IPHC set the Area 2A quota) on February 4 and 8,

1999, respectively, to develop recommendations on the opening dates and

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

to NMFS advising on the outcome of the workshops and provided the

following comments and recommendations on the opening dates and season

structure for the sport fisheries.

Comment 1: WDFW recommended a May 27 through July 12 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 1999 sport fishery

measures.

Comment 2: WDFW recommended that the Washington North Coast area

sport fishery be structured such that 15,000 lb (6,803.7 kg) of the

subarea quota be reserved to provide for the second priority in the

Plan--a July 1 season. The WDFW recommendation is for the sport fishery

to open on May 1 and continue through June 30, or until 76,484 lb

(34,691.7 kg) of the 91,484 lb (41,495.4 kg) quota are harvested. The

fishery would reopen on July 1 and continue 5 days per week (closed

Sunday and Monday) until the quota has been taken or through September

30, whichever occurs first.

Response: NMFS agrees and has incorporated these recommendations

into the 1999 sport fishery measures.

Comment 3: WDFW recommended that the seasonal structure set forth

in the Plan, including the changes described in the proposed rule (64

FR 6869, February 11, 1999) 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 Plan.

Comment 4: 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 that indicated an increasing annual trend in the

sport fishery.

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

these two subareas. The Plan 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.

Comment 5: ODFW and some members of the public in attendance at the

ODFW workshop recommended that if unharvested quota remains after the

May fixed opening days in the Oregon Central and South Coast subareas,

additional opening dates would be scheduled first for June 12, and then

for June 11, and, if more quota remains, for June 10. Some members of

the public recommended setting additional opening dates at June 11,

June 12, and June 10, respectively.

Response: The Plan 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 Plan

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 22), 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 set potential

additional open dates in June. NMFS further agrees with the ODFW

recommendation for scheduling additional opening dates for June 12,

June 11, and June 10, respectively.

Comment 6: ODFW and the public in attendance at the ODFW workshop

recommended a 1-day fixed season for the August fishery on August 6

based on an analysis of past harvest rates. ODFW further recommended a

mid-July review of the (1) May all-depth harvest, and (2) catch

projections for the inside 30-fathom curve fisheries with the intent

that a determination be made as to whether Friday, August 6 and/or

Saturday, August 7 will be open for all-depth fishing.

Response: The August fishery is scheduled for only 1 day of all-

depth fishing on August 6 to ensure the quota is not exceeded. Inseason

action may be taken to allow for additional all-depth fishing in

accordance with the Plan if sufficient quota remains. If there is

sufficient unharvested quota for a second day of all-depth fishing in

August, the fishery would be open on August 7.

Comment 7: ODFW and some members of the public in attendance at the

ODFW workshop recommended that, if unharvested quota remains after the

August fixed opening day in the Oregon Central and South Coast

subareas, additional opening dates would be scheduled for August 20

and, if more quota remains, for August 21. Some members of the public

recommended setting additional opening dates for August 21 and, if more

quota remains, for August 20.

Response: As stated above, the Plan states that potential

additional open dates for both the May and August seasons will be

announced preseason. NMFS agrees with the ODFW recommendation that, if

there is sufficient unharvested quota for an additional day of all-

depth fishing in August, that fishing would be scheduled for August 21,

and then for August 20. Accordingly, NMFS has implemented sport fishing

management measures in Area 2A based on recommendations from the states

in accordance with the Plan.

The annual management measures that follow for the 1999 Pacific

halibut fishery are identical to those recommended by the IPHC and

approved by the Secretary of State, and include NMFS-approved domestic

regulations that are necessary to implement the Plan in Area 2A.

[[Page 13522]]

1999 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), the United States Coast Guard

(USCG), the Washington Department of Fish and Wildlife, and the

Oregon State Police;

(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 vessel with a valid Area 2A commercial license cannot be

used to sport fish for Pacific halibut in Area 2A

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) Application forms may be obtained from any authorized

officer or from the Commission.

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

Halibut Fishery'' form must be accurate.

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

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

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

during the year in which they are issued.

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

transferred, renamed, or re-documented.

(14) 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.

(15) 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) recreational 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.

(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

[[Page 13523]]

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;

(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) The manager of a CDQ organization that authorizes persons to

harvest halibut in the Area 4E CDQ fishery must report to the

Commission the total number and weight of undersized halibut taken

and retained by such persons pursuant to paragraph 7(1). This

report, that shall include data and methodology used to collect the

data, must be received by the Commission prior to December 1 of the

year in which such halibut were harvested.

(3) 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 11 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 7, July 21, August 18, September 1,

September 15, and September 29, 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

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.

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 shown in the following

table:

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

Catch limits

Regulatory area ------------------------------

Pounds Metric tons

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

2A....................................... 156,598.00 71.00

2B....................................... 12,100,000.00 5,487.50

2C....................................... 10,490,000.00 4,757.40

3A....................................... 24,670,000.00 11,188.20

3B....................................... 13,370,000.00 6,063.50

4A....................................... 4,240,000.00 1,922.90

4B....................................... 3,980,000.00 1,805.00

4C....................................... 2,030,000.00 920.60

4D....................................... 2,030,000.00 920.60

4E....................................... 390,000.00 176.90

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

(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 133,108

lb (60.4 mt).

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

salmon troll fishery is 23,490 lb (10.7 mt).

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

the specific dates during which the directed fishery will be allowed

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

taken.

(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 each 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 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

[[Page 13524]]

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; 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.

(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 outboard of the roller and returned to the sea

with a minimum of injury by

(a) hook straightening;

(b) cutting the gangion near the hook; or

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

or Adak, 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 or Adak, by contacting an authorized

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

a designated fish processor by VHF radio or in person.

(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, Adak, or Nazan Bay on Atka Island by contacting an

authorized officer of the United States, a representative of the

Commission, or a designated fish processor. The clearance obtained

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

obtained by VHF radio and allowing the person contacted to confirm

visually the identity of the vessel. This clearance will list the

Areas in which the vessel will fish; and

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

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

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

contacting an authorized officer of the United States, a

representative of the Commission, or a designated fish processor.

The clearance obtained in St. Paul or St. George can be obtained by

VHF radio and allowing the person contacted to confirm visually the

identity of the vessel. The clearance obtained in Adak or Nazan Bay

on Atka Island can be obtained by VHF radio.

(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 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/Individual

Fishing Quota (IFQ) daily fishing logbooks 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 trip;

of the vessel;

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

authorized representative of the Commission upon demand; and

[[Page 13525]]

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

during transits to port of landing, and for five (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 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 trip;

of 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 five (5) days following

offloading halibut; and

(f) mailed to the Department of Fisheries and Oceans (yellow

copy) and IPHC (white copy) within seven days of offloading.

(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 or buyer 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 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 Provincial

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 four inches in height and one-half inch in width

in a contrasting color visible above the water and shall be

maintained in legible condition.

(6) All 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

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

[[Page 13526]]

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 the National Marine

Fisheries Service 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

256,000 lb (116.1 metric tons) 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 10,000 lb (4.5 metric tons).

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

180,804 pounds (82.0 metric tons) in waters off Washington and

156,598 pounds (71.0 metric tons) 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.22'55'' 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 52,623 lb (23.9 mt).

(A) The fishing season is May 27 through July 12, 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.31'42'' N. lat.), the quota for landings

into ports in this area is 91,484 lb (41.5 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 76,484 lb (34.7 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 91,484 lb (41.5

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 32,081 lb (14.6 mt).

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

week (Sunday through Thursday) in all waters, and commences on May 2

and continues 7 days a week in the area from Queets River south to

47 deg.00'00'' N. lat. and east of 124 deg.40'00'' W. long., until

31,081 lb (14.1 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 32,081 lb (14.6 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.

halibut. The closed area is within a rectangle defined by these four

corners: 47 deg.19'00'' N. lat., 124 deg.53'00'' W. long.;

47 deg.19'00'' N. lat., 124 deg.48'00'' W. long.; 47 deg.16'00'' N.

lat., 124 deg.53'00'' W. long.; and, 47 deg.16'00'' N. lat.,

124 deg.48'00'' W. long.

(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 7,747 lb (3.5 mt).

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

day through September 30, or until 7,747 lb (3.5 mt) are estimated

to have been taken and the area is closed by the Commission,

whichever occurs first.

(B) The daily bag limit is the first halibut taken, per person,

of 32 inches (81.3 cm) or greater in length.

(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 137,853 lb (62.5 mt).

(A) The fishing seasons are:

(1) The first season commences May 1 and continues every day

through September 30, 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 9,650 lb (4.4 mt) or any

inseason revised subquota is estimated to have been taken and the

season is closed by the Commission, whichever is earlier.

(2) The second season is open on May 13, 14, 15, 20, 21, and 22.

The projected catch for this season is 93,740 lb (42.5 mt). If

sufficient unharvested catch remains for an additional days fishing,

the season will reopen. Dependent on the amount of unharvested catch

available, the season reopening dates will be June 12, then June 11,

and then June 10. 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.

(3) The third season is open on August 6 or until the combined

quotas for the all-depth fisheries in the subareas described in

paragraphs (v) and (vi) of this section totaling 136,935 lb (62.1

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

Commission, whichever is earlier. An inseason announcement will be

made in mid-July as to whether the fishery will be open on August 6

and/or 7. If the harvest during this opening does not achieve the

136,935 lb (62.1 mt) quota, the season will reopen. Dependent on the

amount of unharvested catch available, the season reopening dates

will be August 21, and then August 20. If a decision is made

inseason to allow fishing on one or more of these dates, notice of

the reopening date will be announced on the NMFS hotline (206) 526-

6667 or (800) 662-9825.

(B) The daily bag limit is the first halibut taken, per person,

of 32 inches (81.3 cm) or greater in length.

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

Florence north jetty and Humbug Mountain, Oregon (42 deg.40'30'' N.

lat.), the quota for landings into ports in this area is 10,915 lb

(5.0 mt).

(A) The fishing seasons are:

(1) The first season commences May 1 and continues every day

through September 30, in the area inside the 30-fathom (55 m) curve

nearest to the coastline as plotted on National Ocean Service charts

numbered 18520,

[[Page 13527]]

18580, and 18600, or until 2,183 lb (1.0 mt) or any inseason revised

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

the Commission, whichever is earlier.

(2) The second season is open on May 13, 14, 15, 20, 21, and 22.

The projected catch for this season is 8,732 lb (4.0 mt). If