**Convention for the Preservation of the Halibut Fishery**

**of the Northern Pacific Ocean and Bering Sea**

**(Basic Instrument for the International Pacific Halibut Commission \--
IPHC)**

**[Basic Instrument]{.underline}**

Convention for the Preservation of the Halibut Fishery of the Northern
Pacific Ocean and Bering Sea, 1953 (TIAS 2900).

**[Implementing Legislation]{.underline}**

Northern Pacific Halibut Act of 1982 (as amended: 50 Stat. 325; 67 Stat.
494; 79 Stat. 902; 97 Stat. 78).

**[Member Nations]{.underline}**

The United States and Canada.

**[Commission Headquarters]{.underline}**

International Pacific Halibut Commission

P.O. Box 95009

University Station

Seattle, WA 98145-2009

Director: Dr. Bruce Leaman

Telephone: (206) 634-1838

Fax: (206) 632-2983

Web address: http://www.iphc.washington.edu

**[Budget]{.underline}**

The appropriations from the United States for FY 2002-2003 will total
\$1,686,000, and those from Canada will be \$849,000 for the fiscal
year, resulting in a final base budget of \$2,768,039. The budget is
supplemented by funds generated by Commission staff from the sale of
halibut gathered during stock assessment cruises, contracts, and
research grants.

**[U.S. Representation]{.underline}**

A. Appointment Process:

The United States is represented on the IPHC by three Commissioners who
are appointed by the President for a period of 2 years (with eligibility
for reappointment). Of these Commissioners, one must be a NOAA official,
one must be a resident of Alaska, and one must be a nonresident of
Alaska. In addition, one of these three Commissioners must be a voting
member of the North Pacific Fishery Management Council. The Secretary of
State, in consultation with the Secretary of Commerce, may designate
from time to time Alternate U.S. Commissioners to the IPHC.

B. U.S. Commissioners:

James Balsiger, Ph.D.

Administrator, Alaska Region

National Marine Fisheries Service, NOAA

P.O. Box 21668

Juneau, AK 99802

Ralph Hoard

Executive Vice President

Icicle Seafoods, Inc.

4019 21st Avenue West

P.O. Box 79003

Seattle, WA 98119

Philip Lestenkof (Interim)

P.O. Box 127

St. Paul Island, AK 99660

C. Advisory Structure:

There are no formal provisions for a U.S. Advisory Committee to IPHC,
although informal groups made up of U.S. and Canadian industry
representatives, known as the IPHC Conference Board and the Processor
Advisory Group, do attend and provide recommendations to annual
Commission meetings.

**[Description]{.underline}**

A. Mission/Purpose:

The IPHC was created to conserve, manage, and rebuild the halibut stocks
in the Convention Area to those levels that would achieve and maintain
the maximum sustainable yield from the fishery. The yield definition was
changed to optimum sustainable yield by the amending 1979 Protocol.

The halibut resource and fishery have been managed by the IPHC since
1923. The IPHC was established by a Convention between the United States
and Canada, which has been revised several times to extend the
Commission\'s authority and meet new conditions in the fishery. The most
recent change, a protocol, was concluded in 1979, and involved an
amendment to the 1953 Halibut Convention.

\"Convention waters\" are defined as the waters off the west coasts of
Canada and the United States, including the southern as well as the
western coasts of Alaska, within the respective maritime areas in which
either Party exercises exclusive fisheries jurisdiction. For purposes of
the Convention, the \"maritime area\" in which a Party exercises
exclusive fisheries jurisdiction includes without distinction areas
within and seaward of the territorial sea or internal waters of that
Party.

B. Organizational Structure:

The IPHC consists of a Commission and staff. The Commission consists of
six members; three representatives appointed by each Contracting Party.
All decisions of the Commission are made by a concurring vote of at
least two of the Commissioners of each Contracting Party. The research
programs and regulatory actions of the Commission are coordinated by the
IPHC staff, in consultation with the Commissioners. The IPHC staff
currently consists of 27 permanent employees, including fishery
biologists, administrative personnel and support staff.

In addition, the Commission is advised by a Conference Board, a
Processor Advisory Group (PAG), and a Research Advisory Board. The
Conference Board is a panel representing U.S. and Canadian commercial
and sport halibut fishers. Created in 1931 by the Commission, the Board
provides the industry/sport/native harvesters= perspectives on
Commission proposals presented at Annual Meetings. Members of the Board
are designated by union, vessel owner, recreational harvester, Native
American, and Canadian First Nations organizations from both nations.
Created in 1996, the Processor Advisory Group (PAG) represents halibut
processors. Like the Conference Board, the PAG lends its opinion
regarding Commission proposals and offers recommendations at IPHC Annual
Meetings. In 1999, the IPHC Director created the Research Advisory Board
(RAB), which consists of both harvesters and processors who offer
suggestions to the Director and staff on content, design, conduct, and
evaluation of Commission research programs.

C. Programs:

Under the Protocol to the Convention, the Commission retains a research
staff and recommends, for the approval of the Parties, regulations
designed to achieve the purpose of the Convention. The Protocol provides
for: (1) the setting of quotas in the Convention Area, and (2) joint
regulation of the halibut fishery in the entire Convention Area under
Commission regulations. Neither U.S. nor Canadian halibut fishing
vessels are presently allowed to fish in the waters of the other
country. In 1991, Canada implemented an individual vessel quota (IVQ)
system; a similar, individual fishing quota (IFQ) system for Alaska was
implemented by the United States in 1995.

D. Conservation and Management Measures:

[2005 Annual Meeting:]{.underline} The International Pacific Halibut
Commission completed its Eighty-first Annual Meeting in Victoria,
British Columbia, with Dr. Richard J. Beamish of Nanaimo, British
Columbia presiding as Chair. The Commission is recommending to the
governments of Canada and the United States, catch limits for 2005
totaling 73,820,000 pounds, a 3.5% decrease from the 2004 catch limit of
76,510,000 pounds.

The Commission staff reported on the 2004 assessment of the Pacific
halibut stock which implemented only minor technical changes from the
previous year. The halibut stock is healthy in the central and southern
portions of the range (Areas 3A through 2A) but is believed to have
declined in Areas 3B through Area 4, and lower catch limits are required
in those areas. The recruitment of the 1994 and 1995 year classes
appears to be relatively strong in most areas, although Area 4B is
showing a notably lower level of recruitment of these same year classes
compared with other regulatory areas. Estimates of fishing rate, hence
exploitable biomass, derived from mark-recapture analysis of PIT-tagged
halibut are not yet used directly for determining recommended catch
limits. The primary tagging took place in 2003 and there are not yet
sufficient recoveries of tagged fish, particularly for the western
areas, to determine mixing rates among and exploitable biomass within
regulatory areas.

In 2004, Commission staff identified a 25% harvest rate as a candidate
target rate for use with a new population assessment, pending its
evaluation using the sex-specific population model. This updated
evaluation was completed and indicated that a harvest rate less than 25%
would result in a 50% lower probability that the stock biomass would
reach a level requiring reductions in harvest rate. Accordingly, the
Commission adopted a harvest rate of 22.5% as the baseline harvest rate
for the central Gulf of Alaska and southward regulatory areas. For the
western Gulf of Alaska (Area 3B) and the Bering Sea (Area 4), a 20%
harvest rate is maintained due to concern that the long term
productivity of these areas may not be as high as that in the central
and southern areas of the stock.

[Seasons and Catch Limits]{.underline}

The Commission received regulatory proposals for 2005 from the
scientific staff, Canadian and United States harvesters and processors,
and other fishery agencies. The Commission will recommend to the
governments the following catch limits for 2005 in Area 2A (California,
Oregon, and Washington), Area 2B (British Columbia), Area 2C
(southeastern Alaska), Area 3A (central Gulf), Area 3B (western Gulf),
Area 4A (eastern Aleutians), Area 4B (western Aleutians), Area 4C
(Pribilof Islands), Area 4D (northwestern Bering Sea), and Area 4E
(Bering Sea flats):

2005 Catch Limits

+-----------------------------------------------------------+----------+
| Area                                                      | Catch    |
|                                                           | Limit    |
|                                                           | (pounds) |
+-----------------------------------------------------------+----------+
| 2A Non-treaty directed commercial (south of Point         | 226,203  |
| Chehalis)                                                 |          |
|                                                           | 39,918   |
| 2A Non-treaty incidental catch in salmon troll            |          |
|                                                           | 70,000   |
| 2A Non-treaty incidental catch in sablefish longline      |          |
| fishery (north of Point Chehalis)                         | 452,500  |
|                                                           |          |
| 2A Treaty Indian commercial                               | 38,000   |
|                                                           |          |
| 2A Treaty Indian ceremonial and subsistence (year-round)  | 237,257  |
|                                                           |          |
| 2A Sport B North of Columbia River                        | [266,    |
|                                                           | 122]{.un |
| [2A Sport B South of Columbia River]{.underline}          | derline} |
|                                                           | 1        |
| Area 2A total                                             | ,330,000 |
|                                                           |          |
| 2B (includes sport catch allocation)                      | 13,250,0 |
|                                                           | 0010,930 |
| 2C                                                        | ,00025,4 |
|                                                           | 70,00013 |
| 3A                                                        | ,150,000 |
|                                                           | 3        |
| 3B                                                        | ,440,000 |
|                                                           |          |
| 4A                                                        | 2        |
|                                                           | ,260,000 |
| 4B                                                        |          |
|                                                           | 1        |
| 4C                                                        | ,815,000 |
|                                                           |          |
| 4D                                                        | 1        |
|                                                           | ,815,000 |
| [4E]{.underline}                                          |          |
|                                                           | [359,    |
| Area 4 total                                              | 000]{.un |
|                                                           | derline} |
|                                                           | 10       |
|                                                           | ,240,000 |
+-----------------------------------------------------------+----------+
| Total                                                     | 73       |
|                                                           | ,820,000 |
+-----------------------------------------------------------+----------+

The Department of Fisheries and Oceans, Canada will allocate the adopted
Area 2B catch limit between sport and commercial fisheries. 

The IPHC sets biologically-based catch limits for Areas 4A, 4B, and a
combined Area 4C-D-E. The catch limits for Regulatory Areas 4C, 4D, and
4E reflect the catch-sharing plan implemented by the North Pacific
Fishery Management Council (NPFMC). The catch-sharing plan allows Area
4D Community Development Quota (CDQ) harvest to be taken in Area 4E.

The catch-sharing plan implemented by the Pacific Fishery Management
Council (PFMC) for Area 2A was adopted by the Commission and is
reflected in the catch limits adopted for the Area 2A fisheries. In Area
2A, seven 10-hour fishing periods for the non-treaty directed commercial
fishery are recommended: June 29, July 13, July 27, August 10, August
24, September 14, and September 28, 2005. All fishing periods will begin
at 8:00 a.m. and end at 6:00 p.m. local time, and will be further
restricted by fishing period limits announced at a later date.

Area 2A fishing dates for an incidental commercial halibut fishery
concurrent with salmon troll fishing seasons and the incidental
commercial halibut fishery during the sablefish fishery north of Point
Chehalis will be established under United States domestic regulations by
the National Marine Fisheries Service (NMFS). The remainder of the Area
2A catch-sharing plan, including sport fishing seasons and depth
restrictions, will be determined under regulations promulgated by NMFS.
For further information of the depth restrictions in the commercial
directed halibut fishery, incidental halibut during the sablefish
fishery, and the sport fisheries, call the NMFS hotline
(1-800-662-9825).

The Commission continued its discussions on the season extension issue
and received several industry proposals and public testimony. The
Commission also received a staff report indicating very little
difference between the size compositions of halibut landed in the first
two weeks compared with that during the last two weeks of March in 2004.
After reviewing staff information and proposals from the harvesting and
processing sector, the Commission voted on a season similar to 2003 and
2004. Further, it was agreed to open the season on a Sunday to
facilitate marketing. Therefore, seasons will commence at 12 noon local
time on February 27 and terminate at 12 noon local time on November 15,
2005 for the following fisheries and areas: the treaty Indian commercial
fishery in Area 2A, the Canadian Individual Vessel Quota (IVQ) fishery
in Area 2B, and the United States Individual Fishing Quota (IFQ) and CDQ
fisheries in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E. In addition, the
Commission formed a working group, composed of staff and members of its
advisory bodies, to examine and report on the relative merits and
expense of different research to understand the timing and extent of
winter migratory movements of halibut among regulatory areas. The
working group will consider both pop-up satellite and transponder
tagging, as well as an experimental winter fishery, and make
recommendations to the Commission prior to its next Annual Meeting.

**[Regulatory Changes and Issues]{.underline}**

The Commission approved changes to the regulations that will allow Area
4C IFQ and CDQ fishing to occur in Areas 4C or 4D. This measure
facilitates implementation of action approved by the U.S. NPFMC. A
component of this measure is a modification of the IPHC clearance
regulations that will allow a vessel to clear simultaneously into Areas
4C and 4D.

At the request of NOAA Enforcement, the Commission will clarify its
regulations to ensure that halibut fillets are not allowed on board a
commercial vessel. The clarification will change the wording and move
the regulation paragraph from the size limit section to the receipt and
possession section. This clarification will not change the current
exceptions for cheeking of halibut in accordance with NMFS regulations,
or for filleting of weighed and recorded IFQ fish (Section 13 (2) (a)
and (b)).

**[Other Actions]{.underline}**

The staff proposal to recognize First Nations= ceremonial and
subsistence fishing in IPHC regulations was deferred, pending
clarification of this regulation.

The Commission and its advisory bodies reviewed the request from the
Alaska Food Coalition for a food bank donation program in the Gulf of
Alaska, funded by retained halibut bycatch from trawl fisheries. Neither
the Commission nor its advisory bodies approved of this proposal. While
the Commission understood the intent of the proposal, it believed that
this proposal would work against the Commission=s agreement between the
two countries to reduce halibut bycatch mortality in non-target
fisheries. The advisory bodies also believed that other available
sources of acceptable fish protein should be thoroughly evaluated.

The Commission honoured Mr. Casey Knight of Petersburg, Alaska as the
third recipient of the IPHC Merit Scholarship. Mr. Knight was unable to
attend the meeting because of academic commitments but has been
presented with a certificate and plaque, as well as the scholarship of
\$2,000 (U.S.). The Commissioners expressed their continued support for
the scholarship program and commended the Scholarship Committee for
their efforts in assessing the candidates.

The Commission noted that halibut bycatch mortality in non-target
fisheries was reduced slightly in 2004, and was at the lowest level
since 1987, continuing the trend initiated by the 1991 Commission
agreement to achieve lower bycatch mortality levels. However, the
Commission agrees that further reductions are desirable and that current
levels of mortality reduce yield to the directed halibut fisheries. The
Commission will continue to work with agencies of the two governments to
achieve reductions in halibut bycatch mortality.

The recommended regulations for the 2005 halibut fishery will become
official as soon as they are approved by the Canadian and United States
Governments. The Commission will publish and distribute regulation
pamphlets.

[Future Meetings]{.underline}: The next Annual Meeting of the Commission
is planned for Bellingham or Seattle, Washington from January 17 to 20,
2006. The United States Government commissioner, Dr. James Balsiger, was
elected Chair for the coming year. The Canadian Government commissioner,
Dr. Richard Beamish, was elected as Vice Chair. Other Canadian
commissioners are Clifford Atleo and John Secord. The other United
States commissioners are Ralph Hoard and Phillip Lestenkof. Dr. Bruce
Leaman is the Executive Director of the Commission.

**[Staff Contacts]{.underline}**

[NOAA Fisheries]{.underline}:

Patrick Moran

Office of International Affairs

National Marine Fisheries Service, NOAA

1315 East-West Highway, Room 13137

Silver Spring, MD 20910

Telephone: (301) 713-2276

Fax: (301) 713-2313

E-mail: pat.moran@noaa.gov

[Department of State]{.underline}:

Amanda Johnson-Miller

Office of Marine Conservation (OES/OMC)

U.S. Department of State

2201 C Street, NW

Washington, D.C. 20520

Telephone: (202) 647-4824

Fax: (202) 736-7350