14300 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

§ 224.101 [Amended] 

■ 2. In § 224.101, paragraph (b), add 

‘‘Killer whale (Orcinus orca), Southern 

Resident distinct population segment, 

which consists of whales from J, K and 

L pods, wherever they are found in the 

wild, and not including Southern 

Resident killer whales placed in 

captivity prior to listing or their captive 

born progeny’’ following ‘‘Indus River 

dolphin (Platanista minor);’’. 

[FR Doc. 2011–6137 Filed 3–15–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 110104009–1186–02] 

RIN 0648–BA25 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Assistant Administrator 

for Fisheries, National Oceanic and 

Atmospheric Administration (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 modifications 

to the Catch Sharing Plan (CSP) for Area 

2A (waters off the U.S. West Coast) and 

implementing regulations for 2011, and 

announces approval of the Area 2A CSP. 

These actions are intended to enhance 

the conservation of Pacific halibut and 

further the goals and objectives of the 

Pacific Fishery Management Council 

(PFMC) and the North Pacific Fishery 

Management Council (NPFMC) 

(Councils). 

DATES: This rule is effective April 15, 

2011. The IPHC’s 2011 annual 

management measures are effective 

March 16, 2011, except for the measures 

in section 26, which are effective April 

15, 2011. The 2011 management 

measures are effective until superseded. 

ADDRESSES: Additional requests for 

information regarding this action may 

be obtained by contacting: the 

International Pacific Halibut 

Commission, 2320 W. Commodore Way 

Suite 300, Seattle, WA 98199–1287; or 

Sustainable Fisheries Division, NMFS 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802, Attn: Ellen Sebastian, 

Records Officer; or Sustainable Fisheries 

Division, NMFS Northwest Region, 7600 

Sand Point Way, NE, Seattle WA 98115. 

This final rule also is accessible via the 

Internet at the Federal eRulemaking 

portal at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

waters off Alaska, Glenn Merrill, 907– 

586–7228, e-mail at 

glenn.merrill@noaa.gov; or Peggy 

Murphy, 907–586–7228, e-mail at 

peggy.murphy@noaa.gov; or, for waters 

off the U.S. West Coast, Sarah Williams, 

206–526–4646, e-mail at 

sarah.williams@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The IPHC has promulgated 

regulations governing the Pacific halibut 

fishery in 2011 under the Convention 

between Canada and the United States 

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). 

As provided by the Northern Pacific 

Halibut Act of 1982 (Halibut Act) at 16 

U.S.C. 773b, the Secretary of State, with 

the concurrence of the Secretary of 

Commerce (Secretary), may accept or 

reject, on behalf of the United States, 

recommendations made by the IPHC in 

accordance with the Convention 

(Halibut Act, Section773–773k.). On 

March 8, 2011, the Secretary of State of 

the United States, with the concurrence 

of the Secretary of Commerce, accepted 

the 2011 IPHC regulations as provided 

by the Northern Pacific Halibut Act of 

1982 (Halibut Act) at 16 U.S.C. 773– 

773k. 

The Halibut Act provides the 

Secretary with the authority and general 

responsibility to carry out the 

requirements of the Convention and the 

Halibut Act. The Regional Fishery 

Management Councils may develop and 

the Secretary may implement 

regulations governing harvesting 

privileges among U.S. fishermen in U.S. 

waters that are in addition to, and not 

in conflict with approved IPHC 

regulations. The NPFMC has exercised 

this authority most notably in 

developing a suite of halibut 

management programs that correspond 

to the three fisheries that harvest halibut 

in Alaska: the subsistence, sport, and 

commercial fisheries. In 2010/2011, 

these programs were revised by 

regulations recommended by the 

NPFMC. 

On January 5, 2010, NMFS published 

a final rule implementing a Limited 

Access System for Guided Sport Charter 

Vessels in Alaska for halibut in IPHC 

Regulatory Areas 2C and 3A (75 FR 

554). On September 17, 2010, NMFS 

amended these regulations to revise the 

method of assigning angler 

endorsements to charter halibut permits 

to more closely align each endorsement 

vessel anglers reported for each vessel 

that a charter business used to qualify 

for a charter halibut permit (75 FR 

56904). 

On January 12, 2010, NMFS 

published notice that applications 

would be accepted from persons 

February 4, 2010, through April 5, 2010, 

that applied to receive a charter halibut 

permit under the limited access program 

for the guided charter fishery for halibut 

in Area 2C and Area 3A (75 FR 1595). 

Beginning February 1, 2011, Area 2C 

and Area 3A charter business operators 

were required to have a charter halibut 

permit on board a vessel if charter 

vessel anglers are catching and retaining 

halibut 

On February 7, 2011, NMFS 

published a final rule amending 

recordkeeping and reporting 

requirements for halibut charter vessels 

operating in IPHC Areas 2C and 3A (76 

FR 6567). This rule improves 

consistency between State of Alaska and 

Federal regulations regarding the 

submission of charter logbook data 

sheets, logbook recording requirements, 

and the definition of a fishing week. 

Changes in subsistence and sport 

halibut fishery management measures 

are codified at 50 CFR 300. Commercial 

halibut fisheries in Alaska operate 

within the Individual Fishing Quota 

(IFQ) Program and Community 

Development Quota (CDQ) Program (50 

CFR part 679), and through area-specific 

catch sharing plans. Regulations for a 

commercial and sport fishery Halibut 

CSP in Areas 2C and 3A are being 

developed pursuant to the NPFMC 

authority under the Halibut Act. 

The PFMC also exercises authority in 

a CSP allocating halibut among groups 

of fishermen in Area 2A; off the coasts 

of Washington, Oregon, and California. 

The CSP allocates the Area 2A catch 

limit among treaty Indian and nonIndian harvesters, and non-Indian 

commercial and sport harvesters. The 

treaty Indian group includes Tribal 

commercial and Tribal ceremonial and 

subsistence fisheries. The Secretary 

implemented the Area 2A CSP 

recommended by the PFMC in 1995. 


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Each year between 1995 and the 

present, the PFMC has adopted minor 

revisions to the plan to account for 

needs of the fisheries. These revisions 

are implemented in regulations for Area 

2A through annual rule making and 

annual IPHC review and 

recommendation of management 

measures for Secretarial review. The 

Area 2A regulations are part of the IPHC 

annual management measures and are 

superseded each year by new 

implementing regulations. 

The NPFMC implemented a CSP 

among commercial IFQ and CDQ 

halibut fisheries in IPHC Areas 4C, 4D 

and 4E (Area 4) through rulemaking, 

and the Secretary approved the plan on 

March 20, 1996 (61 FR 11337). The Area 

4 CSP regulations were codified in the 

Code of Federal Regulations (50 CFR 

300.65) and amended through rule 

making on March 17, 1998 (63 FR 

13000). New annual regulations 

pertaining to the Area 4 CSP also may 

be implemented through IPHC review 

and recommendation for Secretarial 

review. 

Publication of this final rule 

announces that the U.S. Secretary of 

State has accepted the annual 

management measures recommended by 

the IPHC, implements Area 2A 

regulations supporting annual 

management measures recommended by 

IPHC, implements the Area 2A CSP, and 

makes minor changes to the codified 

halibut regulations. The proposed rule 

for the Area 2A CSP was published on 

January 18, 2011 (76 FR 2871). 

Pursuant to regulations at 50 CFR 

300.62, the approved IPHC regulations 

setting forth the 2011 IPHC annual 

management measures are published in 

the Federal Register to provide notice of 

their immediate regulatory effect, and to 

inform persons subject to the 

regulations of the restrictions and 

requirements. NMFS could implement 

more restrictive regulations for the sport 

fishery for halibut or components of it; 

therefore, anglers are advised to check 

the current Federal or IPHC regulations 

prior to fishing. 

The IPHC held its annual meeting in 

Victoria, British Columbia, Canada, 

January 25–28, 2011, and adopted 

regulations for 2011. The changes to the 

previous IPHC regulations (75 FR 13024, 

March 19, 2010) include: 

1. New halibut catch limits in all 

regulatory areas; 

2. New commercial halibut fishery 

opening dates; 

3. Removal of option to use LORAN 

coordinates in logbook entries; 

4. Adoption of the revised Catch 

Sharing Plan (CSP) for Area 2A; 

5. New maximum size limit on the 

halibut retained on board a charter 

vessel fishing in Regulatory Area 2C 

measuring no more than 37 inches; and 

6. New retention requirement of the 

entire carcass of a halibut filleted on 

board a charter vessel fishing in Area 2C 

until all filets are offloaded. 

Non-substantive changes to the 

previous IPHC regulations include 

minor editorial and grammatical 

changes in the regulations to improve 

accuracy and clarity. 

Catch Limits 

The IPHC recommended to the 

governments of Canada and the United 

States catch limits for 2011 totaling 

41,070,000 pounds (18,172 mt), an 18.9 

percent reduction from the 2010 catch 

limit. The decline of the stock is 

attributed to natural declines in 

recruitment and lower growth rates, and 

higher-than-target harvest rates in most 

areas has motivated this change in the 

harvest recommendations. The 1999 and 

2000 year classes are estimated to be 

above average but the lower growth 

rates of fish in recent years means that 

these year classes are recruiting to the 

exploitable stock very slowly. 

The IPHC staff reported on the 2010 

assessment of the Pacific halibut stock 

that estimated coastwide biomass, with 

apportionment to regulatory biomass 

based on the data from the annual IPHC 

standardized stock assessment survey. 

The IPHC recommended a 21.5 percent 

harvest rate for Areas 2A through Area 

3A, and a harvest rate of 16.1 percent for 

Areas 3B, 4A, 4B and 4CDE. Catch 

limits adopted for 2011 were lower in 

the central regions of the stock (Areas 

2C and 3) but significant recent 

reductions in catch limits for Areas 2A 

and 2B appear to have resulted in 

improvements to stock condition in 

those areas. Concern exists over 

continued declining catch rates in most 

areas and IPHC staff recommended 

aggressive action to reduce harvests. In 

particular, a shift in the harvest control 

rule implemented the full reductions in 

catch limits identified by the stock 

assessment, rather than the partial (50 

percent) reductions used in previous 

years. 

The IPHC adopted the staff 

recommendations for catch limits in 

2011. Catch limits adopted for Areas 2A 

and 2B in 2011 were approximately 11 

percent, and 2 percent higher, 

respectively, than in 2010. Catch limits 

adopted for Areas 2C, 3A, and 3B in 

2011 were approximately 47 percent, 28 

percent, and 24 percent lower, 

respectively, than in 2010. Catch limits 

in Areas 4A, 4B, and 4 CDE were 

approximately 3 percent, 1 percent, and 

4 percent higher, respectively, than in 

2010. 

Commercial Halibut Fishery Opening 

Dates 

The opening date for the Tribal 

commercial fishery in Area 2A and for 

the commercial halibut fisheries in 

Areas 2B through 4E is March 12, 2011. 

The date takes into account a number of 

factors, including tides, timing of 

halibut migration and spawning, 

marketing for seasonal holidays, and 

interest in getting product in to the 

processing plants before the herring 

season opens. The closing date for the 

halibut fisheries is November 15, 2011. 

In the Area 2A directed fishery, each 

fishing period shall begin at 0800 hours 

and terminate at 1800 hours local time 

on June 29, July 13, July 27, August 10, 

August 24, September 7, and September 

21, 2011, unless the IPHC specifies 

otherwise. These 10-hour openings will 

occur until the quota is taken and the 

fishery is closed. 

Remove Option To Use LORAN 

Coordinates in Logbook 

This final rule removes regulations 

paragraph 16(2)(c) in the 2011 Pacific 

Halibut Fishery Regulations providing 

an option to use LORAN (Long Range 

Navigation) coordinates in the British 

Columbia Integrated Groundfish Fishing 

Log provided by the Canada’s 

Department of Fisheries and Oceans. 

The LORAN–C network used for 

maritime navigation has been 

decommissioned and is no longer 

operational. Removing this reference is 

a housekeeping measure. 

New Maximum Size Limit of No More 

Than 37 Inches for the Halibut 

Retained Onboard a Charter Vessel 

Fishing in Regulatory Area 2C 

This final rule would prohibit a 

person onboard a charter vessel referred 

to in 50 CFR 300.65 and fishing in Area 

2C from taking or possessing any 

halibut, with head on, that is longer 

than 37 inches (93.9 cm) as measured in 

a straight line, passing over the pectoral 

fin from the tip of the lower jaw with 

mouth closed, to the extreme end of the 

middle of the tail. 

The IPHC recognizes the role of the 

NPFMC to develop policy and 

regulations that allocate the Pacific 

halibut resource among fishermen in 

and off of Alaska, and that NMFS has 

developed numerous regulations to 

support the NPFMC’s goals of limiting 

charter harvests over the past several 

years. The IPHC specifically 

recommended this additional 

management measure be implemented 

in the Area 2C charter fishery based on 


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concerns that the stated harvest policy 

of the United States for the guided 

charter fishery, the guideline harvest 

level (GHL), would be exceeded without 

additional restrictions on the charter 

fleet. The IPHC concluded that charter 

fishery harvests in excess of the GHL 

would interfere with the IPHC’s overall 

harvest objectives in Area 2C. 

The GHL was recommended by the 

NPFMC in February 2000, after several 

years of debate and refinement. NMFS 

published a final rule implementing the 

GHL on August 8, 2003 (68 FR 47256). 

The GHL establishes a pre-season 

estimate of the acceptable annual 

harvests for the guided charter fishery in 

Areas 2C and 3A. The GHLs are 

established as a total maximum 

poundage, which is responsive to 

annual fluctuations in abundance. For 

example, in the event of a reduction in 

either area’s halibut biomass, as 

determined by the IPHC, the area GHL 

is reduced incrementally in a stepwise 

fashion in proportion to the reduction. 

Regulations at § 300.65(c)(1) specify 

the GHLs based on the total constant 

exploitation yield (CEY) that is 

established annually by the IPHC. In 

each year since 2004, the guided charter 

halibut fishery has exceeded the GHL in 

Area 2C. During 2004 through 2007, the 

GHL was 1,432,000 lb. During that time 

period, guided charter harvests were 

approximately 1,750,000 lb in 2004, 

1,952,000 lb in 2005, 1,804,000 lb in 

2006, and 1,918,000 lb in 2007. In 2008, 

the GHL was 931,000 lb and guided 

charter harvests were approximately 

1,999,000 lb. In 2009 the GHL was 

788,000 pounds and the guided charter 

harvest was approximately 1,245,000 lb. 

In 2010, the GHL was 788,000 lb. The 

Alaska Department of Fish and Game 

(ADF&G) provided the IPHC with a 

preliminary estimate of the guided 

charter harvest in 2010 of 46,816 fish 

yielding 1,249,000 lb (November 1, 

2010, letter from ADF&G to the IPHC). 

In 2011, the total CEY is 5,390,000 lb 

(2,445 mt) in Area 2C. The 

corresponding GHL is 788,000 lb (357.4 

mt) in Area 2C. 

The IPHC is aware that guided halibut 

charter harvests in Area 2C in 2011 are 

likely to exceed the 788,000 lb GHL 

based on the well-established trend of 

charter harvests since 2004, and the 

demonstrated removals under existing 

regulations. Guided charter harvests 

have exceeded the GHL since 2004, 

even though some additional limitations 

have been placed on the guided charter 

fishery to constrain harvests within the 

GHL. Key regulatory measures include: 

(1) Effective in 2007, maintaining a twofish daily bag limit provided that at least 

one of the harvested halibut had a headon length of no more than 32 inches 

(81.3 cm) (June 4, 2007, 72 FR 30714); 

and (2) effective in 2009, a one-fish 

daily bag limit that superseded the June 

4, 2007, two-fish with maximum size 

rule, a prohibition on harvest by the 

charter vessel guide and crew, and a 

line limit equal to the number of charter 

vessel anglers onboard, not to exceed six 

lines (May 6, 2009, 74 FR 21194). 

In addition, the NPFMC 

recommended a Catch Sharing Plan 

(CSP) in October 2008. The CSP would 

replace the current GHL and establish 

specific allocations of halibut harvest 

between the guided sport charter and 

commercial setline fisheries in Area 2C 

and 3A. Under the CSP, the IPHC would 

annually establish one combined charter 

and commercial catch limit to which 

pre-specified percentages would apply. 

Multiplying the specified percentage by 

the combined catch limit would result 

in a specific catch limit for each sector. 

Using a nondiscretionary process 

specified annually in the IPHC annual 

management measures, ranges of the 

charter sector catch limit could trigger 

changes in the guided sport halibut bag 

and size limit. However, NMFS has not 

yet published proposed or final 

regulations for the CSP. The CSP will 

not be effective during the 2011 charter 

halibut season. Therefore, the IPHC 

determined that its recommended 

maximum size limit in Area 2C was 

necessary to prevent excess halibut 

harvest by charter vessel anglers as an 

immediate but interim measure until the 

CSP for this fishery could be 

implemented. 

The IPHC anticipated that the CSP 

may not be implemented in 2011. 

During its 2010 annual meeting in 

Seattle, WA, (January 26–29, 2010), the 

IPHC requested IPHC staff to develop 

options for control of the charter halibut 

fisheries should the CSP not be 

implemented in a timely manner. Prior 

to the 2011 annual meeting, IPHC staff 

provided a suite of potential control 

measures based largely on existing 

methods considered by the NPFMC for 

limiting charter harvests. After 

discussions with IPHC Commissioners, 

the IPHC staff review of these measures 

was shared with NMFS and ADF&G 

staff prior to release to the public. The 

IPHC staff review was provided to the 

IPHC Commissioners and IPHC 

Advisory Bodies in documents prepared 

for the IPHC’s 2011 annual meeting. 

IPHC Commissioners also received 

multiple proposals prior to the 2011 

meeting recommending that the IPHC 

implement harvest control measures to 

restrain guided sport halibut harvest in 

Area 2C to the projected 2011 GHL of 

788,000 pounds. 

The IPHC sought to meet several 

objectives with the maximum size limit 

for charter vessel harvests in Area 2C: 

1. Ensure measures meet IPHC 

conservation goals; 

2. Maintain the charter harvest within 

the GHL, the charter harvest policy 

developed by the NPFMC and 

implemented in Federal regulations; 

3. Minimize season disruption to the 

extent practicable; 

4. Promote equity of access and 

applicability to all charter anglers in 

Area 2C; 

5. Ensure measures result in 

enforceable accountability; and 

6. Simplify application by basing 

measures on previous analyses where 

possible. 

The IPHC’s recommendation to limit 

charter harvests in Area 2C to one fish 

of no more than 37 inches would be 

likely to meet the multiple objectives 

established by the IPHC. Without 

additional regulations restricting charter 

harvest in 2011, charter harvest is likely 

to exceed the GHL and result in total 

harvest exceeding the total CEY. Guided 

charter angler catch in 2010 was 62 

percent over the GHL. NMFS plans no 

additional charter restrictions for the 

2011 fishery. Therefore, the IPHC 

concluded that additional restrictions 

were necessary to limit that charter 

harvest to the GHL and achieve the 

IPHC’s overall conservation objective for 

Area 2C. 

A 37-inch maximum size limit would 

be likely to maintain guided charter 

harvests within the GHL. For example, 

assuming the same number of fish 

would be caught in 2011 as in 2010, 

46,816 fish would be caught. A 37-inch 

halibut is equal to 17.1 pounds net 

weight using IPHC length-weight ratios. 

Multiplying 46,816 fish × 17.1 lb = 

800,554 lb of guided charter harvest. 

The 2011 Area 2C GHL is 788,000 lb. 

The 37-inch length limit was selected 

by the IPHC to reduce the harvest of 

halibut in Area 2C (Southeast Alaska) to 

the GHL. The calculation used to 

determine the size limit was based on 

an assumption that the 2011 harvest (in 

number of fish) would be slightly less 

than the 2010 projection, and that each 

fish harvested would be of a size equal 

to the maximum limit. The exact size of 

each fish harvested, and therefore the 

average weight of all guided charter 

harvests cannot be precisely predicted. 

The IPHC’s recommendation is 

precautionary, but should result in total 

guided angler harvests at the GHL if the 

average size of fish harvested is 37 

inches and approximately the same 

number of fish are harvested in 2011 as 

in 2010. Moreover, the actual numbers 

of halibut that will be harvested in the 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14303 

2011 charter fishery cannot be precisely 

predicted. For example, if the total 

number of halibut harvested in 2011 

substantially exceeds the 2010 harvests, 

then the GHL could be exceeded even 

if the average size of halibut harvested 

in the guided charter fishery in 2011 is 

less than 37 inches. 

The 37-inch maximum size limit 

minimizes season disruption relative to 

other measures such as limiting the 

guided charter season. Limits on season 

length would likely be more disruptive 

to charter anglers and businesses than 

limiting the maximum retainable size of 

halibut. Most charter businesses have 

established bookings well in advance of 

the 2011 season, and any change in 

season length would reduce total 

anglers and revenues. The 37-inch 

maximum size limit promotes equitable 

access to the halibut resource and is 

applicable to all charter anglers in Area 

2C, whereas season length restrictions 

might disproportionately adversely 

affect specific anglers and businesses. 

The 37-inch maximum size limit is 

based on measures considered and 

proposed to constrain guided charter 

harvests under the NPFMC’s 

recommended CSP. The IPHC staff and 

Commissioners considered the analysis 

and methods developed by the NPFMC 

when recommending the 37-inch 

limitation. The maximum size limit 

recommended by the IPHC uses the 

same algorithm described in the 

NPFMC’s CSP to establish a maximum 

size limit for the guided charter fishery 

under conditions of lower biomass. 

Area 2C Carcass Retention 

Current regulations prohibit the 

filleting, mutilation or other 

disfigurement of sport-caught halibut 

that would prevent the determination of 

the size or number of halibut possessed 

or landed. In Southeast Alaska Area 2C, 

the IPHC recommended that a person 

onboard a charter vessel who possesses 

filleted halibut must also retain the 

entire carcass, with head and tail 

connected as a single piece, onboard the 

vessel until all the fillets are offloaded. 

This change is intended to facilitate 

enforcement of the 37-inch maximum 

size limit and accounting of each charter 

vessel angler’s halibut bag limit. 

Pacific Fishery Management Council’s 

Area 2A Catch Sharing Plan and 

Codified Regulations 

In addition to implementing the IPHC 

recommendations, this rule makes 

several changes to the Pacific Fishery 

Management Council’s Area 2A Catch 

Sharing plan and NMFS’ codified 

regulations. 

Changes to Codified Regulations for 

Area 2A 

This final rule updates and 

consolidates information regarding areas 

closed to halibut fishing in Area 2A. 

Coordinates for the boundaries of closed 

areas that are described in the 

groundfish regulations are removed 

from the halibut regulations at 50 CFR 

300.63, and are replaced with references 

to the groundfish regulations. This 

includes the Rockfish Conservation 

Area (RCA), in which participants in the 

non-Tribal directed commercial halibut 

fishery are prohibited from fishing. The 

eastern and western boundaries of the 

RCA vary along the coast. The 

coordinates in the halibut regulations 

were intended to be the same as those 

in the groundfish regulations, but the 

groundfish regulations are updated 

more regularly. This change reduces the 

possibility that there will be unintended 

discrepancies between the descriptions 

of the depth contours in the halibut and 

groundfish regulations. In addition, this 

change will make it easier for 

participants in the fishery and law 

enforcement officers to access the 

definitions of the depth contours, as that 

information will be in one location in 

the regulations and many of the 

participants in the halibut fishery and 

enforcement officers also work with the 

groundfish regulations. 

In addition, this rule updates 

references to the groundfish regulations 

in the codified halibut regulations to 

reflect changes made to the groundfish 

regulations to implement the individual 

quota program for the trawl fishery. 

Finally, this final rule includes a 

change to the codified regulations at 50 

CFR 300.64 to add ‘‘receipt and 

possession’’ to the list of management 

measures that treaty Indian fishers must 

comply with. This change makes the 

codified regulations consistent with the 

IPHC regulations, and is intended to 

correct an inadvertent omission. 

Changes to the Area 2A Catch Sharing 

Plan; Annual Management Measures 

This final rule approves the Catch 

Sharing Plan as revised according to the 

recommendations of the Pacific Council. 

Changes for 2011 include moving two 

percent of the subarea quota for the 

Oregon Central Coast subarea from the 

spring fishery to the summer fishery, 

updating references to the groundfish 

regulations to reflect changes made to 

those regulations, and modifying 

references regarding the closed areas to 

reflect changes to the codified halibut 

regulations as described above. The 

changes to the proposed annual 

management measures made as part of 

this final rule are necessary to 

implement the IPHC’s decision 

regarding the Area 2A total allowable 

catch (TAC). 

Incidental Halibut Retention in the 

Primary Sablefish Fishery North of Pt. 

Chehalis, WA 

According to the Area 2A CSP, 

incidental halibut retention will be 

allowed in the primary directed 

sablefish fishery north of Point 

Chehalis, WA, when the Area 2A total 

allowable catch (TAC) is at least 900,000 

lb (408.2 mt) and the resulting 

Washington sport allocation is at least 

224,100 lb (101.7 mt) leaving a 

minimum of 10,000 lb (4.5 mt) available 

to this incidental fishery. The 2011 TAC 

is 910,000 lb (412 mt), resulting in a 

Washington sport allocation of 216,489 

lb (98.2 mt), which is less than the 

required 10,000 lb (4.5 mt) minimum. 

Therefore incidental retention of halibut 

is not permitted in the primary sablefish 

fishery in 2011. 

Area 2A Catch Sharing Plan and 

Annual Regulations; Comments and 

Responses 

NMFS accepted comments through 

February 2, 2011, on the proposed rule 

for the Area 2A CSP and annual 

regulations and received four public 

comments. One letter from an 

individual commenting on Atlantic 

halibut, which does not pertain to the 

subject rule; one letter from the 

Department of Interior stating they had 

no comments; and one comment letter 

each from Washington Department of 

Fish and Wildlife (WDFW) and Oregon 

Department of Fish and Wildlife 

(ODFW) recommending season dates for 

halibut sport fisheries in each State. 

Comment 1: The WDFW held a public 

meeting following the final TAC 

recommendations by the IPHC to review 

the results of the 2010 Puget Sound 

halibut fishery, and to develop season 

dates for the 2011 sport halibut fishery. 

Based on the 2011 Area 2A total 

allowable catch of 910,000 lb (412.7 mt), 

the halibut quota for the Puget Sound 

sport fishery is 58,155 lb (26.3 mt.) 

Because the catch in this area exceeded 

the quota in 2008, 2009 and 2010 

WDFW will continue to use the highest 

catch rate seen over the last 5 years to 

determine the number of days available 

to the fishery. WDFW recommends that 

the regions within the Puget Sound 

sport halibut fishery be open: in the 

Eastern Region from May 5–29, 

Thursday through Saturday, and May 

26–29, Friday through Sunday; in the 

Western Region from May 26–29, 

Thursday through Sunday, and from 

June 2–18, Thursday through Saturday. 


ebenthall on DSK69SOYB1PROD with RULES
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Response: NMFS agrees with WDFW’s 

recommended Puget Sound season 

dates. These dates will help keep this 

area within its quota, while providing 

for angler enjoyment and participation. 

Therefore, NMFS implements the dates 

with this final rule. 

Comment 2: ODFW held a public 

meeting following the final TAC 

decision by the IPHC to gather 

comments on the open dates for the 

recreational all-depth fishery in 

Oregon’s Central Coast Subarea. Since 

2004, the number of open fishing days 

that could be accommodated in the 

spring fishery has been roughly 

constant. The catch limit for this subarea’s spring season will be 115,578 lb 

(52.4 mt) in 2011, based on the IPHC’s 

2011 TAC for Area 2A. Because of the 

increased TAC for 2011, ODFW 

recommends setting a Central Coast alldepth fishery of 12 days. ODFW 

recommends the following days for the 

spring fishery, within this subarea’s 

parameters for a Thursday-Saturday 

season and with weeks of adverse tidal 

conditions skipped: regular open days 

of May 12, 13, 14, 26, 27, 28, and June 

2, 3, 4, 9, 10, and 11; back-up open days 

of June 23, 24, 25, and July 7, 8, 9, 21, 

22, and 23. For the summer fishery in 

this subarea, ODFW recommended 

following the CSP’s parameters of 

opening the first Friday in August, with 

open days to occur every other FridaySunday, unless modified in-season 

within the parameters of the CSP. Under 

the CSP, the 2011 summer all-depth 

fishery in Oregon’s Central Coast 

Subarea would occur: August 5, 6, 19, 

20, and September 2, 3, 16, 17, 30, and 

October 1, 14, 15, 28, and 29. 

Response: NMFS agrees with ODFW’s 

recommended Central Coast season 

dates. These dates will help keep this 

area within its quota, while providing 

for angler enjoyment and participation. 

NMFS, therefore implements the dates 

via this final rule. 

Comment 3: The commenter asked 

when attention would be paid to 

Atlantic halibut. 

Response: This rule does not relate to 

Atlantic Halibut and therefore NMFS 

has no comment. 

Changes From the Proposed Rule 

On January 18, 2011, NMFS 

published a proposed rule on changes to 

the CSP and recreational management 

measures for Area 2A (76 FR 2871). The 

final catch limits and total allowable 

catch numbers were not available until 

January 28, 2011, which was after the 

proposed rule needed to be drafted and 

sent to the Office of the Federal Register 

for timely publication. The provisions 

in the proposed rule were based on the 

preliminary estimate of the 2A TAC of 

860,000 lb. The final 2A TAC is 910,000 

lb, which is higher than the preliminary 

estimate for 2011, but lower than the 

2009 2A TAC of 950,000 lb. Most of the 

changes in this final rule are updates to 

subarea catch limits based on the final 

TAC. There are no other substantive 

changes from the proposed rule. 

Annual Halibut Management Measures 

The following annual management 

measures for the 2011 Pacific halibut 

fishery are those recommended by the 

IPHC and accepted by the Secretary of 

State, with the concurrence of the 

Secretary. The sport fishing regulations 

for Area 2A, included in paragraph 26, 

are consistent with the measures 

adopted by the IPHC and approved by 

the Secretary of State, but were 

developed by the Pacific Fishery 

Management Council and promulgated 

by the United States under the Halibut 

Act. 

1. Short Title 

These Regulations may be cited as the 

Pacific Halibut Fishery Regulations. 

2. Application 

(1) These Regulations apply to 

persons and vessels fishing for halibut 

in, or possessing halibut taken from, the 

maritime area as defined in Section 3. 

(2) Sections 3 to 6 apply generally to 

all halibut fishing. 

(3) Sections 7 to 20 apply to 

commercial fishing for halibut. 

(4) Section 21 applies to tagged 

halibut caught by any vessel. 

(5) Section 22 applies to the United 

States treaty Indian fishery in Subarea 

2A–1. 

(6) Section 23 applies to customary 

and traditional fishing in Alaska. 

(7) Section 24 applies to Aboriginal 

groups fishing for food, social and 

ceremonial purposes in British 

Columbia. 

(8) Sections 25 to 28 apply to sport 

fishing for halibut. 

(9) These Regulations do not apply to 

fishing operations authorized or 

conducted by the Commission for 

research purposes. 

3. Definitions 

(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 

Wildlife Troopers (AWT), United States 

Coast Guard (USCG), Washington 

Department of Fish and Wildlife 

(WDFW), and the Oregon State Police 

(OSP); 

(b) ‘‘Authorized clearance personnel’’ 

means an authorized officer of the 

United States, a representative of the 

Commission, or a designated fish 

processor; 

(c) ‘‘Charter vessel’’ means a vessel 

used for hire in sport fishing for halibut, 

but not including a vessel without a 

hired operator; 

(d) ‘‘Commercial fishing’’ means 

fishing, the resulting catch of which is 

sold or bartered; or is intended to be 

sold or bartered, other than (i) sport 

fishing, (ii) treaty Indian ceremonial and 

subsistence fishing as referred to in 

section 22, (iii) customary and 

traditional fishing as referred to in 

section 23 and defined by and regulated 

pursuant to NMFS regulations 

published at 50 CFR part 300, and (iv) 

Aboriginal groups fishing in British 

Columbia as referred to in section 24; 

(e) ‘‘Commission’’ means the 

International Pacific Halibut 

Commission; 

(f) ‘‘Daily bag limit’’ means the 

maximum number of halibut a person 

may take in any calendar day from 

Convention waters; 

(g) ‘‘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; 

(h) ‘‘Fishing period limit’’ means the 

maximum amount of halibut that may 

be retained and landed by a vessel 

during one fishing period; 

(i) ‘‘Land’’ or ‘‘offload’’ with respect to 

halibut, means the removal of halibut 

from the catching vessel; 

(j) ‘‘License’’ means a halibut fishing 

license issued by the Commission 

pursuant to section 4; 

(k) ‘‘Maritime area’’, in respect of the 

fisheries jurisdiction of a Contracting 

Party, includes without distinction areas 

within and seaward of the territorial sea 

and internal waters of that Party; 

(l) ‘‘Net weight’’ of a halibut means the 

weight of halibut that is without gills 

and entrails, head-off, washed, and 

without ice and slime. If a halibut is 

weighed with the head on or with ice 

and slime, the required conversion 

factors for calculating net weight are a 

2 percent deduction for ice and slime 

and a 10 percent deduction for the head; 

(m) ‘‘Operator’’, with respect to any 

vessel, means the owner and/or the 

master or other individual on board and 

in charge of that vessel; 

(n) ‘‘Overall length’’ of a vessel means 

the horizontal distance, rounded to the 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14305 

1Call NOAA Enforcement Division, Alaska 

Region, at 907–586–7225 between the hours of 0800 

and 1600 local time for a list of NMFS-approved 

VMS transmitters and communications service 

providers. 

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); 

(o) ‘‘Person’’ includes an individual, 

corporation, firm, or association; 

(p) ‘‘Regulatory area’’ means an area 

referred to in section 6; 

(q) ‘‘Setline gear’’ means one or more 

stationary, buoyed, and anchored lines 

with hooks attached; 

(r) ‘‘Sport fishing’’ means all fishing 

other than (i) commercial fishing, (ii) 

treaty Indian ceremonial and 

subsistence fishing as referred to in 

section 22, (iii) customary and 

traditional fishing as referred to in 

section 23 and defined in and regulated 

pursuant to NMFS regulations 

published in 50 CFR part 300, and (iv) 

Aboriginal groups fishing in British 

Columbia as referred to in section 24; 

(s) ‘‘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; 

(t) ‘‘VMS transmitter’’ means a NMFSapproved vessel monitoring system 

transmitter that automatically 

determines a vessel’s position and 

transmits it to a NMFS-approved 

communications service provider.1

(2) In these Regulations, all bearings 

are true and all positions are determined 

by the most recent charts issued by the 

United States National Ocean Service or 

the Canadian Hydrographic Service. 

4. Licensing Vessels for Area 2A 

(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 for one of the 

following, but not both: 

(a) The directed commercial fishery 

during the fishing periods specified in 

paragraph (2) of section 8; or 

(b) The incidental catch fishery 

during the salmon troll fishery specified 

in paragraph (3) of section 8. 

(5) A license issued in respect to a 

vessel referred to in paragraph (1) of this 

section must be carried on board that 

vessel at all times and the vessel 

operator shall permit its inspection by 

any authorized officer. 

(6) The Commission shall issue a 

license in respect to 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 the documentation is changed. 

(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, CFR part 904. 

5. In-Season 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 Canada and the United States 

of America 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 

(c) Is consistent, to the maximum 

extent practicable, with any domestic 

catch sharing plans or other domestic 

allocation programs developed by the 

United States or Canadian governments. 

(2) In-season actions may include, but 

are not limited to, establishment or 

modification of the following: 

(a) Closed areas; 

(b) Fishing periods; 

(c) Fishing period limits; 

(d) Gear restrictions; 

(e) Recreational bag limits; 

(f) Size limits; or 

(g) Vessel clearances. 

(3) In-season changes will be effective 

at the time and date specified by the 

Commission. 

(4) The Commission will announce 

in-season actions under this section by 

providing notice to major halibut 

processors; Federal, State, United States 

treaty Indian, and Provincial fishery 

officials; and the media. 

6. Regulatory Areas 

The following areas shall be 

regulatory areas (see Figure 1) 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° true from Cape Spencer Light 

(58°11′56′′ N. latitude, 136°38′26′′ W. 

longitude) and south and east of a line 

running 205° 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°41′15′′ N. latitude, 155°35′00′′ 

W. longitude) to Cape Ikolik (57°17′17′′ 

N. latitude, 154°47′18′′ W. longitude), 

then along the Kodiak Island coastline 

to Cape Trinity (56°44′50′′ N. latitude, 

154°08′44′′ W. longitude), then 140° 

true; 

(5) Area 3B includes all waters 

between Area 3A and a line extending 

150° true from Cape Lutke (54°29′00′′ N. 

latitude, 164°20′00′′ W. longitude) and 

south of 54°49′00′′ N. latitude 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°00′00′′ W. longitude and south of 

56°20′00′′ N. latitude; 

(7) Area 4B includes all waters in the 

Bering Sea and the Gulf of Alaska west 

of Area 4A and south of 56°20′00′′ N. 

latitude; 

(8) Area 4C includes all waters in the 

Bering Sea north of Area 4A and north 

of the closed area defined in section 10 


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14306 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

2The directed fishery is restricted to waters that 

are south of Point Chehalis, Washington (46°53′18′′ 

N. latitude) under regulations promulgated by 

NMFS and published in the Federal Register. 

which are east of 171°00′00′′ W. 

longitude, south of 58°00′00′′ N. 

latitude, and west of 168°00′00′′ W. 

longitude; 

(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°00′00′′ W. longitude; and 

(10) Area 4E includes all waters in the 

Bering Sea north and east of the closed 

area defined in section 10, east of 

168°00′00′′ W. longitude, and south of 

65°34′00′′ N. latitude. 

7. Fishing in Regulatory Area 4E and 4D 

(1) Section 7 applies only to any 

person fishing, or vessel that is used to 

fish for, Area 4E Community 

Development Quota (CDQ) or Area 4D 

CDQ halibut provided that the total 

annual halibut catch of that person or 

vessel is landed at a port within Area 4E 

or 4D. 

(2) A person may retain halibut taken 

with setline gear in Area 4E CDQ and 

4D CDQ fishery that are smaller than the 

size limit specified in section 13, 

provided that no person may sell or 

barter such halibut. 

(3) The manager of a CDQ 

organization that authorizes persons to 

harvest halibut in the Area 4E or 4D 

CDQ fisheries must report to the 

Commission the total number and 

weight of undersized halibut taken and 

retained by such persons pursuant to 

section 7, paragraph (2). This report, 

which shall include data and 

methodology used to collect the data, 

must be received by the Commission 

prior to November 1 of the year in 

which such halibut were harvested. 

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 commercial fishery 2 shall 

begin at 0800 hours and terminate at 

1800 hours local time on June 29, July 

13, July 27, August 10, August 24, 

September 7, and September 21 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 

in accordance with regulations 

promulgated by NMFS. This fishery will 

occur between 1200 hours local time on 

March 12 and 1200 hours local time on 

November 18. 

(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 

12 and terminate at 1200 hours local 

time on November 18, 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 18. 

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 in accordance 

with paragraph (6). 

(9) No person shall possess halibut on 

board a vessel in a regulatory area 

during a closed period unless that vessel 

is in continuous transit to or within a 

port in which that halibut may be 

lawfully sold. 

10. Closed Area 

All waters in the Bering Sea north of 

55°00′00′′ N. latitude in Isanotski Strait 

that are enclosed by a line from Cape 

Sarichef Light (54°36′00′′ N. latitude, 

164°55′42′′ W. longitude) to a point at 

56°20′00′′ N. latitude, 168°30′00′′ W. 

longitude; thence to a point at 58°21′25′′ 

N. latitude, 163°00′00′′ W. longitude; 

thence to Strogonof Point (56°53′18′′ N. 

latitude, 158°50′37′′ W. longitude); 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°00′00′′ N. latitude and 

54°49′00′′ N. latitude are closed to 

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 net weights 

expressed in pounds or metric tons 

shown in the following table: 

CATCH LIMIT IN NET WEIGHT BY REGULATORY AREA

Regulatory area 

Catch limit—net weight 

Pounds Metric tons 

2A: directed commercial, and incidental commercial catch during salmon troll fishery ......................................... 159,380 72.3 

2B3 .......................................................................................................................................................................... 7,650,000 3,469.4 

2C ............................................................................................................................................................................ 2,330,000 1,056.7 

3A ............................................................................................................................................................................. 14,360,000 6,512.5 

3B ............................................................................................................................................................................. 7,510,000 3,405.9 

4A ............................................................................................................................................................................. 2,410,000 1,093.0 

4B ............................................................................................................................................................................. 2,180,000 988.7 

4C ............................................................................................................................................................................ 1,690,000 766.4 

4D ............................................................................................................................................................................ 1,690,000 766.4 


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CATCH LIMIT IN NET WEIGHT BY REGULATORY AREA—Continued 

Regulatory area 

Catch limit—net weight 

Pounds Metric tons 

4E ............................................................................................................................................................................. 340,000 154.2 

3Area 2B includes the combined commercial and sport catch limits which will be allocated by DFO. 

(2) Notwithstanding paragraph (1), 

regulations pertaining to the division of 

the Area 2A catch limit between the 

directed commercial fishery and the 

incidental catch fishery as described in 

paragraph (3) of section 8 will be 

promulgated by NMFS and published in 

the Federal Register. 

(3) The Commission shall determine 

and announce to the public 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 (IVQs) 

assigned by DFO are taken, or November 

18, 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 (IFQ) and all 

CDQs issued by NMFS have been taken, 

or November 18, 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), 

and (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. 

(8) Notwithstanding paragraph (1), the 

total allowable catch of halibut that may 

be taken in the Area 4E directed 

commercial fishery is equal to the 

combined annual catch limits specified 

for the Area 4D and Area 4E CDQ 

fisheries. The annual Area 4D CDQ 

catch limit will decrease by the 

equivalent amount of halibut CDQ taken 

in Area 4E in excess of the annual Area 

4E CDQ catch limit. 

(9) Notwithstanding paragraph (1), the 

total allowable catch of halibut that may 

be taken in the Area 4D directed 

commercial fishery is equal to the 

combined annual catch limits specified 

for Area 4C and Area 4D. The annual 

Area 4C catch limit will decrease by the 

equivalent amount of halibut taken in 

Area 4D in excess of the annual Area 4D 

catch limit. 

Area 2B includes combined 

commercial and sport catch limits 

which will be allocated by DFO3. 

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-theside 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 

(c) The remaining catch limit. 

(6) Length classes are shown in the 

following table: 

Overall length (in feet) 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 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 

(1) 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 

(c) Carefully removing the hook by 

twisting it from the halibut with a gaff. 

(2) Except that paragraph (1) shall not 

prohibit the possession of halibut on 

board a vessel that has been brought 

aboard to be measured to determine if 

the minimum size limit of the halibut is 

met and, if sublegal-sized, is promptly 

returned to the sea with a minimum of 

injury. 

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 landing of any halibut caught 

in any of these areas, unless specifically 

exempted in paragraphs (10), (13), (14), 

(15), or (16). 

(2) An operator obtaining a vessel 

clearance required by paragraph (1) 

must obtain the clearance in person 

from the authorized clearance personnel 

and sign the IPHC form documenting 

that a clearance was obtained, except 


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that when the clearance is obtained via 

VHF radio referred to in paragraphs (5), 

(8), and (9), the authorized clearance 

personnel must sign the IPHC form 

documenting that the clearance was 

obtained. 

(3) The vessel clearance required 

under paragraph (1) prior to fishing in 

Area 4A may be obtained only at Nazan 

Bay on Atka Island, Dutch Harbor or 

Akutan, 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 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. 

(5) 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. 

(6) The vessel operator shall specify 

the specific regulatory area in which 

fishing will take place. 

(7) 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. 

(8) 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. 

(9) Before unloading any halibut 

caught in Area 4C and 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. 

(10) 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, 

provided that: 

(a) The operator of the vessel obtains 

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 obtains 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. 

(11) Vessel clearances shall be 

obtained between 0600 and 1800 hours, 

local time. 

(12) No halibut shall be on board the 

vessel at the time of the clearances 

required prior to fishing in Area 4. 

(13) 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). 

(14) 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). 

(15) Any vessel that is used to fish for 

halibut only in Area 4C or 4D or 4E and 

lands its total annual halibut catch at a 

port within Area 4C, 4D, 4E, or the 

closed area defined in section 10, is 

exempt from the clearance requirements 

of paragraph (1). 

(16) Any vessel that carries a 

transmitting VMS transmitter while 

fishing for halibut in Area 4A, 4B, 4C, 

or 4D and until all halibut caught in any 

of these areas is landed, is exempt from 

the clearance requirements of paragraph 

(1) of this section, provided that: 

(a) The operator of the vessel 

complies with NMFS’ vessel monitoring 

system regulations published at 50 CFR 

sections 679.28(f)(3), (4) and (5); and 

(b) The operator of the vessel notifies 

NOAA Fisheries Office for Law 

Enforcement at 800–304–4846 (select 

option 1 to speak to an Enforcement 

Data Clerk) between the hours of 0600 

and 0000 (midnight) local time within 

72 hours before fishing for halibut in 

Area 4A, 4B, 4C, or 4D and receives a 

VMS confirmation number. 

16. Logs 

(1) The operator of any U.S. vessel 

fishing for halibut that has an overall 

length of 26 feet (7.9 meters) or greater 

shall maintain an accurate log of halibut 

fishing operations. The operator of a 

vessel fishing in waters in and off 

Alaska must use one of the following 

logbooks: The Groundfish/IFQ Daily 

Fishing Longline and Pot Gear Logbook 

provided by NMFS; the Alaska hookand-line logbook provided by Petersburg 

Vessel Owners Association or Alaska 

Longline Fisherman’s Association; the 

Alaska Department of Fish and Game 

(ADF&G) longline-pot logbook; or the 

logbook provided by IPHC. The operator 

of a vessel fishing in Area 2A must use 

either the Washington Department of 

Fish and Wildlife (WDFW) Voluntary 

Sablefish Logbook, or the logbook 

provided by IPHC. 

(2) The logbook referred to in 

paragraph (1) must include the 

following information: 

(a) The name of the vessel and the 

State (ADF&G, WDFW, Oregon 

Department of Fish and Wildlife, or 

California Department of Fish and 

Game) or Tribal vessel number; 

(b) The date(s) upon which the fishing 

gear is set or retrieved; 

(c) The latitude and longitude 

coordinates or a direction and distance 

from a point of land for each set or day; 

(d) The number of skates deployed or 

retrieved, and number of skates lost; and 

(e) The total weight or number of 

halibut retained for each set or day. 

(3) The logbook referred to in 

paragraph (1) shall be: 

(a) Maintained on board the vessel; 

(b) Updated not later than 24 hours 

after 0000 (midnight) local time for each 

day fished and prior to the offloading or 

sale of halibut taken during that fishing 

trip; 

(c) Retained for a period of two years 

by the owner or operator 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 until the 

offloading of all halibut is completed. 

(4) The log referred to in paragraph (1) 

does not apply to the incidental halibut 


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4Without an observer, a vessel cannot have on 

board more halibut than the IFQ for the area that 

is being fished, even if some of the catch occurred 

earlier in a different area. 

fishery during the salmon troll season in 

Area 2A defined in paragraph (3) of 

section 8. 

(5) The operator of any Canadian 

vessel fishing for halibut shall maintain 

an accurate log recorded in the British 

Columbia Integrated Groundfish Fishing 

Log provided by DFO. 

(6) The logbook referred to in 

paragraph (5) must include the 

following information: 

(a) The name of the vessel and the 

DFO vessel registration number; 

(b) The date(s) upon which the fishing 

gear is set and retrieved; 

(c) The latitude and longitude 

coordinates or a direction and distance 

from a point of land for each set or day; 

(d) The number of skates deployed or 

retrieved, and number of skates lost; and 

(e) The total weight or number of 

halibut retained for each set or day. 

(7) The logbook referred to in 

paragraph (5) shall be: 

(a) Maintained on board the vessel; 

(b) Retained for a period of two years 

by the owner or operator of the vessel; 

(c) Open to inspection by an 

authorized officer or any authorized 

representative of the Commission upon 

demand; 

(d) Kept on board the vessel when 

engaged in halibut fishing, during 

transits to port of landing, and until the 

offloading of all halibut is completed; 

(e) mailed to the DFO (white copy) 

within seven days of offloading; and 

(f) mailed to the Commission (yellow 

copy) within seven days of the final 

offload if not collected by a Commission 

employee. 

(8) 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 

caught in Area 2A from a United States 

vessel that does not have on board the 

license required by section 4. 

(2) No person shall possess on board 

a vessel a halibut other than whole or 

with gills and entrails removed, except 

that this paragraph shall not prohibit the 

possession on board a vessel of: 

(a) Halibut cheeks cut from halibut 

caught by persons authorized to process 

the halibut on board in accordance with 

NMFS regulations published at 50 CFR 

part 679; 

(b) Fillets from halibut offloaded in 

accordance with section 17 that are 

possessed on board the harvesting 

vessel in the port of landing up to 1800 

hours local time on the calendar day 

following the offload 4; and 

(c) Halibut with their heads removed 

in accordance with section 13. 

(3) No person shall offload halibut 

from a vessel unless the gills and 

entrails have been removed prior to 

offloading. 

(4) It shall be the responsibility of a 

vessel operator who lands halibut to 

continuously and completely offload at 

a single offload site all halibut on board 

the vessel. 

(5) A registered buyer (as that term is 

defined in regulations promulgated by 

NMFS and codified at 50 CFR part 679) 

who receives halibut harvested in IFQ 

and CDQ fisheries in Areas 2C, 3A, 3B, 

4A, 4B, 4C, 4D, and 4E, directly from 

the vessel operator that harvested such 

halibut must weigh all the halibut 

received and record the following 

information on Federal catch reports: 

date of offload; name of vessel; vessel 

number (State, Tribal or Federal, not 

IPHC vessel number); scale weight 

obtained at the time of offloading, 

including the scale weight (in pounds) 

of halibut purchased by the registered 

buyer, the scale weight (in pounds) of 

halibut offloaded in excess of the IFQ or 

CDQ, the scale weight of halibut (in 

pounds) retained for personal use or for 

future sale, and the scale weight (in 

pounds) of halibut discarded as unfit for 

human consumption. 

(6) The first recipient, commercial 

fish processor, or buyer in the United 

States who purchases or receives halibut 

directly from the vessel operator that 

harvested such halibut must weigh and 

record all halibut received and record 

the following information on State fish 

tickets: The date of offload; vessel 

number (State, Tribal or Federal, not 

IPHC vessel number); total weight 

obtained at the time of offload including 

the weight (in pounds) of halibut 

purchased; the weight (in pounds) of 

halibut offloaded in excess of the IFQ, 

CDQ, or fishing period limits; the 

weight of halibut (in pounds) retained 

for personal use or for future sale; and 

the weight (in pounds) of halibut 

discarded as unfit for human 

consumption. 

(7) The individual completing the 

State fish tickets for the Area 2A 

fisheries as referred to in paragraph (6) 

must additionally record whether the 

halibut weight is of head-on or head-off 

fish. 

(8) For halibut landings made in 

Alaska, the requirements as listed in 

paragraph (5) and (6) can be met by 

recording the information in the 

Interagency Electronic Reporting 

Systems, eLandings in accordance with 

NMFS regulation published at 50 CFR 

part 679. 

(9) 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. 

(10) No person shall make a false 

entry on a State or Provincial fish ticket 

or a Federal catch or landing report 

referred to in paragraphs (5), (6), and (9) 

of section 17. 

(11) A copy of the fish tickets or catch 

reports referred to in paragraphs (5), (6), 

and (9) 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. 

(12) No person shall possess any 

halibut taken or retained in 

contravention of these Regulations. 

(13) When halibut are landed to other 

than a commercial fish processor, the 

records required by paragraph (6) shall 

be maintained by the operator of the 

vessel from which that halibut was 

caught, in compliance with paragraph 

(11). 

(14) No person shall tag halibut unless 

the tagging is authorized by IPHC permit 

or by a Federal or State agency. 

DFO has more restrictive regulations; 

therefore, section 17 paragraph (2)(b) 

does not apply to fish caught in Area 2B 

or landed in British Columbia.4

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 more than one 

of the Regulatory Areas 2C, 3A, or 3B 

may be possessed on board a vessel at 

the same time provided the operator of 

the vessel: 

(a) Has a NMFS-certified observer on 

board when required by NMFS 

regulations 4 published at 50 CFR 

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 more than one 

of the Regulatory Areas 4A, 4B, 4C, or 


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4D may be possessed on board a vessel 

at the same time provided the operator 

of the vessel: 

(a) Has a NMFS-certified observer on 

board the vessel as required by NMFS 

regulations published at 50 CFR Section 

679.7(f)(4); or has an operational VMS 

on board actively transmitting in all 

regulatory areas fished and does not 

possess at any time more halibut on 

board the vessel than the IFQ permit 

holders on board the vessel have 

cumulatively available for any single 

Area 4 regulatory area fished; 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) 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, except that vessels licensed to 

catch sablefish in Area 2B using 

sablefish trap gear as defined in the 

Condition of Sablefish Licence can 

retain halibut caught as bycatch under 

regulations promulgated by the 

Canadian Department of Fisheries and 

Oceans. 

(2) No person shall possess halibut 

taken with any gear other than hook and 

line gear, except that vessels licensed to 

catch sablefish in Area 2B using 

sablefish trap gear as defined by the 

Condition of Sablefish Licence can 

retain halibut caught as bycatch under 

regulations promulgated by the 

Canadian Department of Fisheries and 

Oceans. 

(3) No person shall possess halibut 

while on board a vessel carrying any 

trawl nets or fishing pots capable of 

catching halibut, except that in Areas 

2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, 

halibut heads, skin, entrails, bones or 

fins for use as bait may be possessed on 

board a vessel carrying pots capable of 

catching halibut, provided that a receipt 

documenting purchase or transfer of 

these halibut parts is on board the 

vessel. 

(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 State license number; 

or 

(b) The vessel’s registration number. 

(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 used 

to fish for any species of fish anywhere 

in Area 2A during the 72-hour period 

immediately before the fishing period 

for the directed commercial fishery shall 

catch or possess halibut anywhere in 

those waters during that halibut fishing 

period unless, prior to the start of the 

halibut fishing period, the vessel has 

removed its gear from the water and has 

either: 

(a) Made a landing and completely 

offloaded its catch of other fish; or 

(b) Submitted to a hold inspection by 

an authorized officer. 

(8) No vessel used to fish for any 

species of fish anywhere in Area 2A 

during the 72-hour period immediately 

before the fishing period for the directed 

commercial fishery may be used to 

catch or possess halibut anywhere in 

those waters during that halibut fishing 

period unless, prior to the start of the 

halibut fishing period, the vessel has 

removed its gear from the water and has 

either: 

(a) Made a landing and completely 

offloaded its catch of other fish; or 

(b) Submitted to a hold inspection by 

an authorized officer. 

(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, possess and dispose of 

halibut taken with trawl gear only as 

authorized by Prohibited Species 

Donation regulations of NMFS. 

20. 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. 

21. 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 

external 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 only if the halibut is 

caught during commercial halibut 

fishing and complies with the other 

commercial fishing provisions of these 

Regulations. 

(3) Externally tagged fish must count 

against commercial IVQs, CDQs, IFQs, 

or daily bag or possession limits unless 

otherwise exempted by State, 

Provincial, or Federal 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°53′18′′ N. latitude and east 

of 125°44′00′′ W. longitude, and all 

inland marine waters of Washington. 

(3) Section 13 (size limits), section 14 

(careful release of halibut), section 16 

(logs), section 17 (receipt and 

possession of halibut) and section 19 

(fishing gear), except paragraphs (7) and 

(8) of section 19, apply to commercial 

fishing for halibut in Subarea 2A–1 by 

the treaty Indian Tribes. 


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(4) Regulations in paragraph (3) of this 

section that apply to State fish tickets 

apply to Tribal tickets that are 

authorized by Washington Department 

of Fish and Wildlife. 

(5) Section 4 (Licensing Vessels for 

Area 2A) does not apply to commercial 

fishing for halibut in Subarea 2A–1 by 

treaty Indian Tribes. 

(6) Commercial fishing for halibut in 

Subarea 2A–1 is permitted with hook 

and line gear from March 12 through 

November 18, or until 293,200 pounds 

(133.0 metric tons) net weight is taken, 

whichever occurs first. 

(7) 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 25,300 pounds (11.5 

metric tons) net weight. 

23. Customary and Traditional Fishing 

in Alaska 

(1) Customary and traditional fishing 

for halibut in Regulatory Areas 2C, 3A, 

3B, 4A, 4B, 4C, 4D, and 4E shall be 

governed pursuant to regulations 

promulgated by NMFS and published in 

50 CFR part 300. 

(2) Customary and traditional fishing 

is authorized from January 1 through 

December 31. 

24. Aboriginal Groups Fishing for Food, 

Social and Ceremonial Purposes in 

British Columbia 

(1) Fishing for halibut for food, social 

and ceremonial purposes by Aboriginal 

groups in Regulatory Area 2B shall be 

governed by the Fisheries Act of Canada 

and regulations as amended from time 

to time. 

25. Sport Fishing for Halibut—General 

(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) Any minimum overall size limit 

promulgated under IPHC or NMFS 

regulations shall be measured in a 

straight line passing over the pectoral 

fin from the tip of the lower jaw with 

the mouth closed, to the extreme end of 

the middle of the tail. 

(3) Any halibut brought aboard a 

vessel and not immediately returned to 

the sea with a minimum of injury will 

be included in the daily bag limit of the 

person catching the halibut. 

(4) No person may possess halibut on 

a vessel while fishing in a closed area. 

(5) No halibut caught by sport fishing 

shall be offered for sale, sold, traded, or 

bartered. 

(6) No halibut caught in sport fishing 

shall be possessed on board a vessel 

when other fish or shellfish aboard said 

vessel are destined for commercial use, 

sale, trade, or barter. 

(7) The operator of a charter vessel 

shall be liable for any violations of these 

Regulations committed by a passenger 

aboard said vessel. 

26. Sport Fishing for Halibut—Area 2A 

(1) The total allowable catch of 

halibut shall be limited to: 

(a) 216,489 pounds (98.2 metric tons) 

net weight in waters off Washington; 

and 

(b) 187,506 pounds (85.0 metric tons) 

net weight in waters off California and 

Oregon. 

(2) The Commission shall determine 

and announce closing dates to the 

public for any area in which the catch 

limits promulgated by NMFS are 

estimated to have been taken. 

(3) When the Commission has 

determined that a subquota under 

paragraph (8) of this section is estimated 

to have been taken, and has announced 

a date on which the season will close, 

no person shall sport fish for halibut in 

that area after that date for the rest of the 

year, unless a reopening of that area for 

sport halibut fishing is scheduled in 

accordance with the Catch Sharing Plan 

for Area 2A, or announced by the 

Commission. 

(4) In California, Oregon, or 

Washington, no person shall fillet, 

mutilate, or otherwise disfigure a 

halibut in any manner that prevents the 

determination of minimum size or the 

number of fish caught, possessed, or 

landed. 

(5) The possession limit on a vessel 

for halibut in the waters off the coast of 

Washington is the same as the daily bag 

limit. The possession limit on land in 

Washington for halibut caught in U.S. 

waters off the coast of Washington is 

two halibut. 

(6) The possession limit on a vessel 

for halibut caught in the waters off the 

coast of Oregon is the same as the daily 

bag limit. The possession limit for 

halibut on land in Oregon is three daily 

bag limits. 

(7) The possession limit on a vessel 

for halibut caught in the waters off the 

coast of California is one halibut. The 

possession limit for halibut on land in 

California is one halibut. 

(8) The sport fishing subareas, 

subquotas, fishing dates, and daily bag 

limits are as follows, except as modified 

under the in-season actions in 50 CFR 

300.63(c). All sport fishing in Area 2A 

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. 

(a) The area in Puget Sound and the 

U.S. waters in the Strait of Juan de Fuca, 

east of a line extending from 48°17.30′ 

N. lat., 124°23.70′ W. long. north to 

48°24.10′ N. lat., 124°23.70′ W. long., is 

not managed in-season relative to its 

quota. This area is managed by setting 

a season that is projected to result in a 

catch of 58,155 pounds (26.3 mt). 

(i) The fishing season in eastern Puget 

Sound (east of 123°49.50′ W. long., Low 

Point) is May 5–May 29, and the fishing 

season in western Puget Sound (west of 

123°49.50′ W. long., Low Point) is May 

26–June 18, 3 days a week (Thursday 

through Saturday), except that the 

fishery will also be open in both areas 

on Sunday, May 29, 2011. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(b) The quota for landings into ports 

in the area off the north Washington 

coast, west of the line described in 

paragraph (2)(a) of section 26 and north 

of the Queets River (47°31.70′ N. lat.), is 

108,792 pounds (49.3 mt). 

(i) The fishing seasons are: 

(A) Commencing on May 12 and 

continuing 2 days a week (Thursday and 

Saturday) until 108,792 pounds (49.3 

mt) are estimated to have been taken 

and the season is closed by the 

Commission or until May 28. 

(B) If sufficient quota remains the 

fishery will reopen on June 2 in the 

entire north coast subarea, continuing 2 

days per week (Thursday and Saturday) 

until there is not sufficient quota for 

another full day of fishing and the area 

is closed by the Commission. When 

there is insufficient quota remaining to 

reopen the entire north coast subarea for 

another day, then the nearshore areas 

described below will reopen for 2 days 

per week (Thursday and Saturday), until 

the overall quota of 108,792 pounds 

(49.3 mt) is estimated to have been 

taken and the area is closed by the 

Commission, or until September 30, 

whichever is earlier. After May 28, any 

fishery opening will be announced on 

the NMFS hotline at 800–662–9825. No 

halibut fishing will be allowed after 

May 28 unless the date is announced on 

the NMFS hotline. The nearshore areas 

for Washington’s North Coast fishery are 

defined as follows: 

(1) WDFW Marine Catch Area 4B, 

which is all waters west of the Sekiu 

River mouth, as defined by a line 

extending from 48°17.30′ N. lat., 

124°23.70′ W. long. north to 48°24.10′ 

N. lat., 124°23.70′ W. long., to the 

Bonilla-Tatoosh line, as defined by a 

line connecting the light on Tatoosh 

Island, WA, with the light on Bonilla 

Point on Vancouver Island, British 


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Columbia (at 48°35.73′ N. lat., 

124°43.00′ W. long.) south of the 

International Boundary between the 

U.S. and Canada (at 48°29.62′ N. lat., 

124°43.55′ W. long.), and north of the 

point where that line intersects with the 

boundary of the U.S. territorial sea. 

(2) Shoreward of the recreational 

halibut 30-fm boundary line, a modified 

line approximating the 30-fm depth 

contour from the Bonilla-Tatoosh line 

south to the Queets River. The 30-fm 

depth contour is defined in groundfish 

regulations at 50 CFR 660.71(e). 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Recreational fishing for 

groundfish and halibut is prohibited 

within the North Coast Recreational 

Yelloweye Rockfish Conservation Area 

(YRCA). It is unlawful for recreational 

fishing vessels to take and retain, 

possess, or land halibut taken with 

recreational gear within the North Coast 

Recreational YRCA. A vessel fishing in 

the North Coast Recreational YRCA may 

not be in possession of any halibut. 

Recreational vessels may transit through 

the North Coast Recreational YRCA with 

or without halibut on board. The North 

Coast Recreational YRCA is a C-shaped 

area off the northern Washington coast 

intended to protect yelloweye rockfish. 

The North Coast Recreational YRCA is 

defined in groundfish regulations at 50 

CFR 660.70(a). 

(c) The quota for landings into ports 

in the area between the Queets River, 

WA (47°31.70′ N. lat.) and Leadbetter 

Point, WA (46°38.17′ N. lat.), is 43,500 

pounds (19.7 mt). 

(i) This subarea is divided between 

the all-waters fishery (the Washington 

South coast primary fishery), and the 

incidental nearshore fishery in the area 

from 47°31.70′ N. lat. south to 46°58.00′ 

N. lat. and east of a boundary line 

approximating the 30 fm depth contour. 

This area is defined by straight lines 

connecting all of the following points in 

the order stated as described by the 

following coordinates (the Washington 

South coast, northern nearshore area): 

(1) 47°31.70′ N.lat, 124°37.03′ W. 

long; 

(2) 47°25.67′ N. lat, 124°34.79′ W. 

long; 

(3) 47°12.82′ N. lat, 124°29.12′ W. 

long; 

(4) 46°58.00′ N. lat, 124°24.24′ W. 

long. 

The south coast subarea quota will be 

allocated as follows: 41,500 pounds 

(18.8 mt) for the primary fishery and 

2,000 pounds (0.9 mt) for the nearshore 

fishery. The primary fishery commences 

on May 1 and continues 2 days a week 

(Sunday and Tuesday) until May 17. 

Beginning on May 22 the primary 

fishery will be open 1 day per week 

(Sunday). Beginning on May 29 the 

primary fishery will be open 2 days per 

week (Sunday and Tuesday) until the 

quota for the south coast subarea 

primary fishery is taken and the season 

is closed by the Commission, or until 

September 30, whichever is earlier. The 

fishing season in the nearshore area 

commences on May 1 and continues 

seven days per week. Subsequent to 

closure of the primary fishery the 

nearshore fishery is open seven days per 

week, until 43,500 pounds (19.7 mt) is 

projected to be taken by the two 

fisheries combined and the fishery is 

closed by the Commission or September 

30, whichever is earlier. If the fishery is 

closed prior to September 30, and there 

is insufficient quota remaining to 

reopen the northern nearshore area for 

another fishing day, then any remaining 

quota may be transferred in-season to 

another Washington coastal subarea by 

NMFS via an update to the recreational 

halibut hotline. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Seaward of the boundary line 

approximating the 30-fm depth contour 

and during days open to the primary 

fishery, lingcod may be taken, retained 

and possessed when allowed by 

groundfish regulations at 50 CFR 

660.360. 

(iv) Recreational fishing for 

groundfish and halibut is prohibited 

within the South Coast Recreational 

YRCA and Westport Offshore YRCA. It 

is unlawful for recreational fishing 

vessels to take and retain, possess, or 

land halibut taken with recreational gear 

within the South Coast Recreational 

YRCA and Westport Offshore YRCA. A 

vessel fishing in the South Coast 

Recreational YRCA and/or Westport 

Offshore YRCA may not be in 

possession of any halibut. Recreational 

vessels may transit through the South 

Coast Recreational YRCA and Westport 

Offshore YRCA with or without halibut 

on board. The South Coast Recreational 

YRCA and Westport Offshore YRCA are 

areas off the southern Washington coast 

established to protect yelloweye 

rockfish. The South Coast Recreational 

YRCA is defined at 50 CFR 660.70(d). 

The Westport Offshore YRCA is defined 

at 50 CFR 660.70(e). 

(d) The quota for landings into ports 

in the area between Leadbetter Point, 

WA (46°38.17′ N. lat.) and Cape Falcon, 

OR (45°46.00′ N. lat.), is 15,418 pounds 

(6.9 mt). 

(i) The fishing season commences on 

May 5, and continues 3 days a week 

(Thursday, Friday and Saturday) until 

10,793 pounds (4.9 mt) are estimated to 

have been taken and the season is 

closed by the Commission or until July 

17, whichever is earlier. The fishery will 

reopen on August 5 and continue 3 days 

a week (Friday through Sunday) until 

4,625 lb (2.1 mt) have been taken and 

the season is closed by the Commission, 

or until September 30, whichever is 

earlier. Subsequent to this closure, if 

there is insufficient quota remaining in 

the Columbia River subarea for another 

fishing day, then any remaining quota 

may be transferred in-season to another 

Washington and/or Oregon subarea by 

NMFS via an update to the recreational 

halibut hotline. Any remaining quota 

would be transferred to each State in 

proportion to its contribution. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Pacific Coast groundfish may not 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod 

when allowed by Pacific Coast 

groundfish regulations, when halibut 

are on board the vessel. 

(e) The quota for landings into ports 

in the area off Oregon between Cape 

Falcon (45°46.00′ N. lat.) and Humbug 

Mountain (42°40.50′ N. lat.), is 172,505 

pounds (78.2 mt). 

(i) The fishing seasons are: 

(A) The first season (the ‘‘inside 40- 

fm’’ fishery) commences May 1 and 

continues 7 days a week through 

October 31, in the area shoreward of a 

boundary line approximating the 40-fm 

(73-m) depth contour, or until the subquota for the central Oregon ‘‘inside 40- 

fm’’ fishery (13,800 pounds (6.25 mt)) or 

any in-season revised subquota is 

estimated to have been taken and the 

season is closed by the Commission, 

whichever is earlier. The boundary line 

approximating the 40-fm (73-m) depth 

contour between 45°46.00′ N. lat. and 

42°40.50′ N. lat. is defined at 50 CFR 

660.71(k). 

(B) The second season (spring season), 

which is for the ‘‘all-depth’’ fishery, is 

open on May 12, 13, 14, 26, 27, 28, June 

2, 3, 4, 9, 10 and 11. The projected catch 

for this season is 115,578 pounds (52.4 

mt). If sufficient unharvested catch 

remains for additional fishing days, the 

season will re-open. Dependent on the 

amount of unharvested catch available, 

the potential season re-opening dates 

will be: June 23, 24, 25, July 7, 8, 9, 21, 

22 and 23. If NMFS decides in-season to 

allow fishing on any of these re-opening 

dates, notice of the re-opening will be 

announced on the NMFS hotline (206) 

526–6667 or (800) 662–9825. No halibut 

fishing will be allowed on the reopening dates unless the date is 

announced on the NMFS hotline. 

(C) If sufficient unharvested catch 

remains, the third season (summer 

season), which is for the ‘‘all-depth’’ 


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5 DFO could implement more restrictive 

regulations for the sport fishery, therefore anglers 

are advised to check the current Federal or 

Provincial regulations prior to fishing. 

6NMFS could implement more restrictive 

regulations for the sport fishery or components of 

it, therefore, anglers are advised to check the 

current Federal or State regulations prior to fishing. 

fishery, will be open on August 5, 6, 19, 

20 and September 2, 3, 16, 17, 30, 

October 1, 14, 15, 28, 29 or until the 

combined spring season and summer 

season quotas in the area between Cape 

Falcon and Humbug Mountain, OR, 

totaling 158,705 lb (71.9 mt), are 

estimated to have been taken and the 

area is closed by the Commission, or 

October 31, whichever is earlier. NMFS 

will announce on the NMFS hotline in 

July whether the fishery will re-open for 

the summer season in August. No 

halibut fishing will be allowed in the 

summer season fishery unless the dates 

are announced on the NMFS hotline. 

Additional fishing days may be opened 

if a certain amount of quota remains 

after August 6. If, after this date, an 

amount greater than or equal to 60,000 

pounds (27.2 mt) remains in the 

combined all-depth and inside 40-fm 

(73-m) quota, the fishery may re-open 

every Friday and Saturday, beginning 

August 12 and ending October 31. If 

after September 5, an amount greater 

than or equal to 30,000 pounds (13.6 mt) 

remains in the combined all-depth and 

inside 40-fm (73-m) quota, and the 

fishery is not already open every Friday 

and Saturday, the fishery may re-open 

every Friday and Saturday, beginning 

September 9 and 10, and ending 

October 31. After September 5, the bag 

limit may be increased to two fish of 

any size per person, per day. NMFS will 

announce on the NMFS hotline whether 

the summer all-depth fishery will be 

open on such additional fishing days, 

what days the fishery will be open and 

what the bag limit is. 

(ii) The daily bag limit is one halibut 

of any size per day per person, unless 

otherwise specified. NMFS will 

announce on the NMFS hotline any bag 

limit changes. 

(iii) During days open to all-depth 

halibut fishing, no Pacific Coast 

groundfish may be taken and retained, 

possessed or landed, except sablefish 

and Pacific cod, when allowed by 

Pacific Coast groundfish regulations, if 

halibut are on board the vessel. 

(iv) When the all-depth halibut 

fishery is closed and halibut fishing is 

permitted only shoreward of a boundary 

line approximating the 40-fm (73-m) 

depth contour, halibut possession and 

retention by vessels operating seaward 

of a boundary line approximating the 

40-fm (73-m) depth contour is 

prohibited. 

(v) Recreational fishing for groundfish 

and halibut is prohibited within the 

Stonewall Bank YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land halibut taken 

with recreational gear within the 

Stonewall Bank YRCA. A vessel fishing 

in the Stonewall Bank YRCA may not be 

in possession of any halibut. 

Recreational vessels may transit through 

the Stonewall Bank YRCA with or 

without halibut on board. The 

Stonewall Bank YRCA is an area off 

central Oregon, near Stonewall Bank, 

intended to protect yelloweye rockfish. 

The Stonewall Bank YRCA is defined at 

50 CFR 660.70(f). 

(f) The area south of Humbug 

Mountain, Oregon (42°40.50′ N. lat.) and 

off the California coast is not managed 

in-season relative to its quota. This area 

is managed on a season that is projected 

to result in a catch of 5,625 pounds (2.5 

mt). 

(i) The fishing season will commence 

on May 1 and continue 7 days a week 

until October 31. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

27. Sport Fishing for Halibut—Area 2B 

(1) In all waters off British Columbia: 5

(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. 

(2) In British Columbia, no person 

shall fillet, mutilate, or otherwise 

disfigure a halibut in any manner that 

prevents the determination of minimum 

size or the number of fish caught, 

possessed, or landed. 

(3) The possession limit for halibut in 

the waters off the coast of British 

Columbia is three halibut. 

28. Sport Fishing for Halibut—Areas 2C, 

3A, 3B, 4A, 4B, 4C, 4D, 4E 

(1) In waters in and off Alaska: 6

(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 unless a 

more restrictive bag limit applies in 

Federal regulations at 50 CFR 300.65; 

and 

(c) No person may possess more than 

two daily bag limits. 

(2) No person on board a charter 

vessel referred to in 50 CFR 300.65 and 

fishing in Regulatory Area 2C shall take 

or possess any halibut that: 

(a) With head on, is longer than 37 

inches (93.9 cm) as measured in a 

straight line, passing over the pectoral 

fin from the tip of the lower jaw with 

mouth closed, to the extreme end of the 

middle of the tail, as illustrated in 

Figure 3; and 

(b) If the halibut is filleted the entire 

carcass, with head and tail connected as 

a single piece, must be retained on 

board the vessel until all fillets are 

offloaded. 

(3) In Convention waters in and off 

Alaska, no person shall possess on 

board a vessel, including charter vessels 

and pleasure craft used for fishing, 

halibut that has been filleted, mutilated, 

or otherwise disfigured in any manner, 

except that 

(a) Each halibut may be cut into no 

more than 2 ventral pieces, 2 dorsal 

pieces, and 2 cheek pieces, with skin on 

all pieces; and 

(b) Halibut in excess of the possession 

limit in paragraph (1)(c) of this section 

may be possessed on a vessel that does 

not contain sport fishing gear, fishing 

rods, hand lines, or gaffs. 

29. Previous Regulations Superseded 

These Regulations shall supersede all 

previous regulations of the Commission, 

and these Regulations shall be effective 

each succeeding year until superseded. 

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BILLING CODE 3510–22–C 


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Classification 

IPHC Regulations 

These IPHC annual management 

measures are a product of an agreement 

between the United States and Canada 

and are published in the Federal 

Register to provide notice of their 

effectiveness and content. The noticeand-comment and delay-in-effectiveness 

date provisions of the Administrative 

Procedure Act (APA), 5 U.S.C. 553, are 

inapplicable to IPHC management 

measures because this regulation 

involves a foreign affairs function of the 

United States, 5 U.S.C. 553(a)(1). 

Furthermore, no other law requires prior 

notice and public comment for this rule. 

Because prior notice and an opportunity 

for public comment are not required to 

be provided for these portions of this 

rule by 5 U.S.C. 553, or any other law, 

the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. Accordingly, 

no Regulatory Flexibility Analysis is 

required for this portion of the rule and 

none has been prepared. 

2011 Area 2A Catch Sharing Plan, 

Annual Management Measures and 

Federal Regulations 

As explained above in the preamble, 

the recreational management measures 

for Area 2A are promulgated through a 

different process than the process for 

the IPHC regulations themselves. NMFS 

proposed these management measures 

on January 18, 2011 (76 FR 2871). 

Section 5 of the Northern Pacific 

Halibut Act of 1982 (Halibut Act, 16 

U.S.C. 773c) allows the Regional 

Council having authority for a particular 

geographical area to develop regulations 

governing the allocation and catch of 

halibut in U.S. Convention waters as 

long as those regulations do not conflict 

with IPHC regulations. This action is 

consistent with the Pacific Council’s 

authority to allocate halibut catches 

among fishery participants in the waters 

in and off the U.S. West Coast. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

NMFS prepared an Initial Regulatory 

Flexibility Analysis (IRFA) in 

association with the proposed rule for 

this action. A final regulatory flexibility 

analysis (FRFA) incorporates the IRFA, 

a summary of the significant issues 

raised by the public comments in 

response to the IRFA, if any, and NMFS 

responses to those comments, and a 

summary of the analyses completed to 

support the action. NMFS received no 

comments on the IRFA. A copy of the 

FRFA is available from the NMFS 

Northwest Region (see ADDRESSES) and 

a summary of the FRFA follows: 

The main management objective for 

the Pacific halibut fishery in Area 2A is 

to manage fisheries to remain within the 

TAC for Area 2A, while also allowing 

each commercial, recreational (sport), 

and Tribal fishery to target halibut in 

the manner that is appropriate to meet 

both the conservation requirements for 

species that co-occur with Pacific 

halibut and the needs of fishery 

participants in particular fisheries and 

fishing areas. 

The proposed changes to the Catch 

Sharing Plan, which allocates the catch 

of Pacific halibut among users in 

Washington, Oregon and California, and 

the codified regulations would: (1) In 

the CSP, for the Oregon central coast, 

shift two percent of the subarea quota 

from the spring to the summer fishery, 

to provide as many fishing dates as 

possible during the summer fishery 

when participation is highest; (2) In the 

CSP specify that the definitions of 

closed areas set forth in the groundfish 

regulations will apply to the non-Indian 

directed halibut commercial fishery; (3) 

In codified regulations direct readers to 

the groundfish regulations for depth 

contour coordinates and update all 

references to groundfish regulations, for 

ease of compliance and to allow the 

public one location for closed area 

coordinates; (4) In codified regulations, 

add ‘‘receipt and possession’’ to the list 

of management measures that apply to 

treaty Indian fishers. These changes are 

necessary to make the codified 

regulations consistent with the IPHC 

regulations. 

In determining the potential universe 

of entities subject to this rule, we must 

consider those entities to which this 

rule applies. Although many small and 

large nonprofit enterprises track 

fisheries management issues on the 

West Coast, the proposed changes to the 

Plan, codified regulations and annual 

management measures will not directly 

affect those enterprises. Similarly, 

although many fishing communities are 

small governmental jurisdictions, no 

direct regulations for those 

governmental jurisdictions will result 

from this rule. However, charterboat 

operations and participants in the nontreaty directed commercial fishery off 

the coast of Washington, Oregon, and 

California are small businesses that are 

directly regulated by this rule. Specific 

data on the economics of halibut charter 

operations is unavailable. However, in 

January 2004, the Pacific States Marine 

Fisheries Commission (PSMFC) 

completed a report on the overall West 

Coast charterboat fleet. In surveying 

charterboat vessels concerning their 

operations in 2000, the PSMFC 

estimated that there were about 315 

charterboat vessels in operation off 

Washington and Oregon. In 2000, IPHC 

licensed 130 vessels to fish in the 

halibut sport charter fishery. Comparing 

the total charterboat fleet to the 130 and 

142 IPHC licenses in 2000 and 2007, 

respectively, approximately 41 to 45 

percent of the charterboat fleet could 

participate in the halibut fishery. 

Because there is no new analysis or 

information available, the RIR/FRFA 

relies on the analysis in the 2009 RIR, 

which used information from the Pacific 

Fishery Management Council’s DEIS on 

the 2009–2010 Groundfish Biennial 

Harvest Specifications and Management 

Measures to make income impact 

projections of the TAC on coastal 

communities. Using available analysis 

from the DEIS, the 2009 RIR estimated 

that the 2008 combined economic 

impact of commercial, recreational, and 

Tribal fisheries generated about $8.8 

million in income impacts to the coastal 

Tribal and non-Tribal communities. 

Income impacts are the amount of 

employee salaries and benefits, business 

owner (proprietor) income and 

property-related income (rents, 

dividends, interest, royalties, etc. that 

result from commercial fishing and 

recreational expenditures). This 2008 

estimate was based on a TAC of 

1,220,000 lbs. For 2011, the TAC is 

910,000 lbs or about 75 percent of the 

2008 TAC. On a proportional basis, this 

decline would suggest that the income 

impacts for 2011 would be about $6.0 

million. This projection assumes that 

prices are constant. However, this is not 

the case. According the Pacific States 

Marine Fisheries Commission Pacific 

Fishery Information Network (PacFIN) 

data reports (Report 307), the halibut 

prices have varied significantly by year: 

2008—$3.57/lb, 2009—$2.72/lb, and 

through November 2010—$4.01 per lb. 

At $4.01 per lb, the projected ex-vessel 

value of the 2011 commercial Tribal 

(293,200 lbs) and non-Tribal (187,506 

lbs) fishery is worth ex-vessel (payments 

to commercial fishermen) basis about 

$1.83 million. These ex-vessel price 

changes only affect the income 

estimates associated with commercial 

fishermen, and Tribal fishermen. 

NOAA Fisheries cannot exempt small 

entities or change the reporting 

requirements for small entities. Thus, 

there are no other alternatives to the 

rule that minimize the impacts on small 

entities. The major economic effect on 

the fishery is from a change in the TAC 

which is set by international agreement. 

Given the TAC, the sport management 

measures implement the plan by 

managing the recreational fishery to 


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meet the differing fishery needs of the 

various areas along the coast according 

to the plan’s objectives. The measures 

will be very similar to last year’s 

management measures. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

As part of halibut management in Area 

2A, NMFS maintains a toll-free 

telephone hotline where members of the 

public may call in to receive current 

information on seasons and 

requirements to participate in the 

halibut fisheries in Area 2A. This 

hotline also serves as small entity 

compliance guide. Copies of this final 

rule are available from the NMFS 

Northwest Regional Office upon request 

(See ADDRESSES). To hear the small 

entity compliance guide associated with 

this final rule, call the NMFS hotline at 

800–662–9825. 

WDFW and ODFW held public 

meetings and crafted alternatives to 

adjust management of the sport halibut 

fisheries in their States. The States then 

narrowed the alternatives under 

consideration and brought the resulting 

subset of alternatives to the Council at 

the Council’s September and November 

2010 meetings. The Council and the 

States both considered a range of 

alternatives that could have similarly 

improved angler enjoyment of 

participation in the fisheries while 

simultaneously protecting halibut and 

co-occurring groundfish species from 

overharvest. The range of alternatives 

that were considered, but ultimately 

rejected, includes alternate fishery 

structures, such as opening the sport 

fisheries on different days of the week 

than the final preferred alternative. 

Generally, by the time the alternatives 

reach the Council, because they have 

been through the State public review 

process, there is not a large number of 

alternatives. Rather, the range of 

alternatives has generally been reduced 

to the proposed action and the status 

quo. The status quo alternative was 

rejected because it would fail to: 

Provide adequate fishing opportunities 

during the summer; appropriately 

define specific closure areas; update all 

references to groundfish regulations; 

and correct the codified regulations 

consistent with the IPHC regulations. 

Pursuant to Executive Order 13175, 

the Secretary recognizes the sovereign 

status and co-manager role of Indian 

Tribes over shared Federal and Tribal 

fishery resources. At section 302(b)(5), 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

establishes a seat on the Pacific Council 

for a representative of an Indian Tribe 

with Federally recognized fishing rights 

from California, Oregon, Washington, or 

Idaho. The U.S. government formally 

recognizes that 13 Washington Tribes 

have treaty rights to fish for Pacific 

halibut. In general terms, the 

quantification of those rights is 50 

percent of the harvestable surplus of 

Pacific halibut available in the Tribes’ 

usual and accustomed fishing areas 

(described at 50 CFR 300.64). Each of 

the treaty Tribes has the discretion to 

administer their fisheries and to 

establish their own policies to achieve 

program objectives. Accordingly, Tribal 

allocations and regulations, including 

the changes to the CSP, have been 

developed in consultation with the 

affected Tribe(s) and, insofar as 

possible, with Tribal consensus. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Antarctica, Canada, Exports, 

Fish, Fisheries, Fishing, Imports, 

Indians, Labeling, Marine resources, 

Reporting and recordkeeping 

requirements, Russian Federation, 

Transportation, Treaties, Wildlife. 

Dated: March 11, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq. 

■ 2. In § 300.63, paragraphs (d)(1)(i), 

(d)(1)(ii), and (e), are revised to read as 

follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(d) * * * 

(1) * * * 

(i) The sport fishery under section 26 

of the annual domestic management 

measures and IPHC regulations; 

(ii) The commercial directed fishery 

for halibut during the fishing period(s) 

established in section 8 of the annual 

domestic management measures and 

IPHC regulations and/or the incidental 

retention of halibut during the primary 

sablefish fishery described at 50 CFR 

660.231; or 

* * * * * 

(e) Area 2A Non-Treaty Commercial 

Fishery Closed Areas. (1) Non-treaty 

commercial vessels operating in the 

directed commercial fishery for halibut 

in Area 2A are required to fish outside 

of a closed area, known as the Rockfish 

Conservation Area (RCA), that extends 

along the coast from the U.S./Canada 

border south to 40°10′ N. lat. Between 

the U.S./Canada border and 46°16′ N. 

lat., the eastern boundary of the RCA, is 

the shoreline. Between 46°16′ N. lat. and 

43°00′ N. lat., the RCA is defined along 

an eastern boundary by a line 

approximating the 30-fm (55-m) depth 

contour. Coordinates for the 30-fm (55- 

m) boundary are listed at 50 CFR 

660.71(e). Between 43°00′ N. lat. and 

42°00′ N. lat., the RCA is defined along 

an eastern boundary by a line 

approximating the 20-fm (37-m) depth 

contour. Coordinates for the 20-fm (37- 

m) boundary are listed at 50 CFR 

660.71(b). Between 42°00′ N. lat. and 

40°10′ N. lat., the RCA is defined along 

an eastern boundary by the 20-fm (37- 

m) depth contour. Between the U.S./ 

Canada border and 40°10′ N. lat., the 

RCA is defined along a western 

boundary approximating the 100-fm 

(183-m) depth contour. Coordinates for 

the 100-fm (183-m) boundary are listed 

at 50 CFR 660.73(a). 

(2) Non-treaty commercial vessels 

operating in the incidental catch fishery 

during the sablefish fishery north of Pt. 

Chehalis, Washington, in Area 2a are 

required to fish outside of a closed area. 

Under Pacific Coast groundfish 

regulations at 50 CFR 660.230, fishing 

with limited entry fixed gear is 

prohibited within the North Coast 

Commercial Yelloweye Rockfish 

Conservation Area (YRCA). It is 

unlawful to take and retain, possess, or 

land halibut taken with limited entry 

fixed gear within the North Coast 

Commercial YRCA. The North Coast 

Commercial YRCA is an area off the 

northern Washington coast, overlapping 

the northern part of the North Coast 

Recreational YRCA, and is defined by 

straight lines connecting latitude and 

longitude coordinates. Coordinates for 

the North Coast Commercial YRCA are 

specified in groundfish regulations at 50 

CFR 660.70(b). 

(3) Non-treaty commercial vessels 

operating in the incidental catch fishery 

during the salmon troll fishery in Area 

2A are required to fish outside of a 

closed area. Under the Pacific Coast 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14319 

groundfish regulations at 50 CFR 

660.330(10), fishing with salmon troll 

gear is prohibited within the Salmon 

Troll YRCA. It is unlawful for 

commercial salmon troll vessels to take 

and retain, possess or land fish within 

the Salmon Troll YRCA. The Salmon 

Troll YRCA is an area off the northern 

Washington coast and is defined by 

straight lines connecting latitude and 

longitude coordinates. Coordinates for 

the Salmon Troll YRCA are specified in 

groundfish regulations at 50 CFR 

660.70(c), and in salmon regulations at 

50 CFR 660.405. 

■ 4. In § 300.64, paragraph (d) is revised 

to read as follows: 

§ 300.64 Fishing by U.S. treaty Indian 

Tribes. 

* * * * * 

(d) Commercial fishing for halibut by 

treaty Indians shall comply with the 

Commission’s management measures 

governing size limits, careful release of 

halibut, logs, receipt and possession, 

and fishing gear (published pursuant to 

§ 300.62), except that the 72-hour 

fishing restriction preceding the 

opening of a halibut fishing period shall 

not apply to treaty Indian fishing. 

* * * * * 

[FR Doc. 2011–6133 Filed 3–11–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA294 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2011 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 12, 2011, through 

1200 hrs, A.l.t., May 31, 2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The B season allowance of the 2011 

TAC of pollock in Statistical Area 630 

of the GOA is 2,139 metric tons (mt) as 

established by the final 2011 and 2012 

harvest specifications for groundfish of 

the GOA (76 FR 11111, March 1, 2011). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the B season allowance 

of the 2011 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,089 mt, and is 

setting aside the remaining 50 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 10, 

2011. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 11, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–6135 Filed 3–11–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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