16740 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

Letter of Authorization issued pursuant 

to § 216.106 of this chapter and § 217.87 

of this chapter may be substantively 

modified without prior notification and 

an opportunity for public comment. 

Notification shall be published in the 

Federal Register within 30 days 

subsequent to the action. 

[FR Doc. 2012–6824 Filed 3–21–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 120106033–2163–02] 

RIN 0648–BB68 

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 

(AA) for Fisheries, National Oceanic 

and Atmospheric Administration 

(NOAA), 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 2012, 

announces approval of the Area 2A CSP, 

and provides notice of the guideline 

harvest levels (GHLs) for Areas 2C and 

3A. 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 23, 

2012. The IPHC’s 2012 annual 

management measures are effective 

March 22, 2012, except for the measures 

in section 26, which are effective April 

23, 2012. The 2012 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measures are effective until superseded.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, email at 

glenn.merrill@noaa.gov; or Rachel 

Baker, 907–586–7228, email at 

rachel.baker@noaa.gov; or, for waters 

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

206–526–4646, email at 

sarah.williams@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The IPHC has promulgated 

regulations governing the Pacific halibut 

fishery in 2012 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, Sections 773–773k.). On 

March 5, 2012, the Secretary of State of 

the United States, with the concurrence 

of the Secretary, accepted the 2012 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. 

Subsistence and sport halibut fishery 

regulations are codified at 50 CFR part 

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. NMFS published a proposed rule 

for the Area 2C and Area 3A CSP on 

July 16, 2011, and accepted comments 

on the proposed rule and on the 

Environmental Assessment (EA), 

Regulatory Impact Review, and Initial 

Regulatory Flexibility Analysis (IRFA) 

prepared for the CSP through September 

21, 2011. In October 2011, NMFS 

informed the NPFMC that public 

comments received on the proposed 

CSP raised issues that may require 

additional input from the NPFMC before 

NMFS can proceed to a final rule. 

NMFS is continuing to work with the 

NPFMC to address these issues of 

concern and is seeking NPFMC advice 

on how to proceed with agency review 

of the Area 2C and Area 3A CSP. 

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. 

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 (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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16741 

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, 

announces the GHLs for Areas 2C and 

3A, and makes minor changes to the 

codified halibut regulations. The 

proposed rule for the Area 2A CSP was 

published on February 3, 2012 (77 FR 

5473). 

Pursuant to regulations at 50 CFR 

300.62, the approved IPHC regulations 

setting forth the 2012 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 

Anchorage, Alaska, January 24–27, 

2012, and recommended a limited 

number of changes to the previous IPHC 

regulations (76 FR 14300, March 16, 

2011). The Secretary of State approved 

the following changes to the previous 

IPHC regulations for 2012: 

1. New halibut catch limits in all 

regulatory areas in Section 11; 

2. New commercial halibut fishery 

opening and closing dates in Section 8; 

3. Licensing requirements for 

retaining incidental Pacific Halibut 

caught in the Primary Sablefish Fishery 

North of Pt. Chehalis, Washington; in 

Sections 4 and 8; 

4. Modified logbook regulations in 

Areas 2A and 2B in Section 16; 

5. Adopting the revised Catch Sharing 

Plan (CSP) for Area 2A in Sections 22 

and 26; 

6. Size limit on the halibut retained 

on board a charter vessel fishing in 

Regulatory Area 2C of less than 45 

inches or greater than 68 inches in 

length (a ‘‘reverse slot limit’’) in Section 

28. 

These are the only changes to the 

previous IPHC regulations for the 2012 

fishing season. NMFS is publishing the 

2012 IPHC regulations in this final rule 

to provide the public with the complete 

set of regulations. 

Catch Limits 

The IPHC recommended to the 

governments of Canada and the United 

States catch limits for 2012 totaling 

33,540,000 pounds (15,213 mt), an 18.3 

percent reduction from the 2011 catch 

limits for all areas. The IPHC staff 

reported on the 2011 assessment of the 

Pacific halibut stock that estimated 

coastwide biomass, with apportionment 

among regulatory areas based on the 

data from the annual IPHC standardized 

stock assessment survey. The IPHC 

recommended a 21.5 percent harvest 

rate for Area 2A through Area 3A, and 

a harvest rate of 16.1 percent for Areas 

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

adopted for 2012 were lower in all 

regions of the stock except Areas 2A and 

2C. The IPHC also recommended using 

the harvest control rule it adopted in 

2011 to implement the full reductions in 

catch limits identified by the stock 

assessment, rather than the partial (50 

percent) reductions used in previous 

years. Concern exists over continued 

declining halibut catch rates in most 

areas and IPHC staff recommended 

continued action to reduce harvests. 

The IPHC staff also noted as a 

continuing problem that updated 

information often indicates that 

previous estimates of biomass are 

incorrect, and that as a result actual 

historical harvest rates of the halibut 

stock are higher than the estimates IPHC 

used to inform its stock assessments. 

IPHC scientists will be conducting 

additional research on this matter in 

2012. 

The IPHC adopted the staff 

recommendations for catch limits in 

2012 for all areas except 2B. Catch 

limits adopted for Areas 2A and 2C in 

2012 were approximately 9 percent, and 

13 percent higher, respectively, than in 

2011. Catch limits adopted for Areas 2B, 

3A, and 3B in 2012 were approximately 

8 percent, 17 percent, and 32 percent 

lower, respectively, than in 2011 Catch 

limits in Areas 4A, 4B, 4CD, and 4E 

were approximately 35 percent, 14 

percent, 34 percent, and 26 percent 

lower, respectively, than in 2011. 

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 17, 2012. 

The date takes into account a number of 

factors, including 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 7, 2012. This date takes 

into account the anticipated time 

required to fully harvest the commercial 

halibut catch limits while providing 

adequate time for IPHC staff to review 

the complete record of 2012 commercial 

catch data for use in the 2013 stock 

assessment process. 

In the Area 2A directed fishery, each 

fishing period shall begin at 0800 hours 

and terminate at 1800 hours local time 

on June 27, July 11, July 25, August 8, 

August 22, September 5, and September 

19, 2012, unless the IPHC specifies 

otherwise. These 10-hour openings will 

occur until the quota is taken and the 

fishery is closed. 

Modification of Area 2A Licensing 

Regulations 

Because the Area 2A TAC is over 

900,000 lbs (408.2 mt), incidental take 

of halibut will be allowed in the 

sablefish primary fishery in 2012. 

Therefore regulations pertaining to 

vessel licensing in Area 2A were 

updated at paragraph 4(4)(a) to allow 

vessels operating in the commercial 

halibut or sablefish primary fishery to 

choose a license that allows this type of 

participation. 

Size Limit on the Halibut Retained on 

Board a Charter Vessel Fishing in Area 

2C of Less Than or Equal to 45 Inches 

and Greater Than or Equal to 68 Inches 

in Length 

This final rule prohibits 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 greater than 45 

inches (114.3 cm) and less than 68 

inches (172.7 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 

guided sport (charter) harvests over the 

past several years. The IPHC specifically 

recommended this additional size limit 

as a management measure in the Area 

2C charter fishery, based on guidance 

from the NPFMC to limit charter halibut 

harvests to the stated harvest policy of 

the United States for the charter fishery, 

the GHL. 

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 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 

mstockstill on DSK4VPTVN1PROD with RULES

16742 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

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. The 

CEY represents the target level for total 

halibut removals in an area for the 

coming year. The IPHC calculates the 

CEY in a given area by multiplying a 

target harvest rate by the estimate of 

exploitable biomass, or the portion of 

the biomass available to the fishery. The 

charter halibut fishery exceeded the 

GHL in Area 2C from 2004 through 

2010. During 2004 through 2007, the 

GHL was 1,432,000 pounds. During that 

time period, charter harvests were 

approximately 1,750,000 pounds in 

2004, 1,952,000 pounds in 2005, 

1,804,000 pounds in 2006, and 

1,918,000 pounds in 2007. In 2008, the 

GHL was 931,000 pounds and charter 

harvests were approximately 1,999,000 

pounds. In 2009 the GHL was 788,000 

pounds and the charter harvest was 

approximately 1,245,000 pounds. In 

2010, the GHL was 788,000 pounds and 

the charter harvest was approximately 

1,249,000 pounds. The Area 2C charter 

harvest exceeded its GHL every year 

from 2004 through 2010 

notwithstanding management measures 

designed by the NPFMC and 

implemented by NMFS to control sport 

halibut harvest to the GHL in this area. 

Recognizing that the GHL was not 

limiting fishing, the NPFMC 

recommended a CSP for Area 2C and 

Area 3A in October 2008, to replace the 

current GHL and establish specific 

allocations of halibut harvest between 

the 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 sector 

allocation 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 in Federal regulations, 

changes in the combined charter and 

commercial catch limit could trigger 

changes in the charter halibut bag and 

size limit in effect for that year. 

At the IPHC’s annual meeting in 

January 2011, the IPHC became aware 

that charter halibut harvests in Area 2C 

were likely to exceed the 788,000 pound 

GHL based on the well-established trend 

of charter harvests since 2004, and the 

demonstrated removals under existing 

regulations. 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 

and the NPFMC’s allocation objective 

for Area 2C. 

The IPHC determined that limiting 

charter harvests in Area 2C to one fish 

of no more than 37 inches would likely 

meet the multiple objectives established 

by the IPHC in 2011. The Secretary of 

State, with the concurrence of the 

Secretary, accepted the IPHC’s 

recommended daily bag limit for charter 

vessel anglers in Area 2C of one halibut 

with a maximum length of 37 inches 

(94.0 cm) per day (76 FR 14300, March 

16, 2011). 

In November 2011, the Alaska 

Department of Fish and Game (ADF&G) 

estimated that 2011 Area 2C charter 

harvests under the 37-inch maximum 

length rule totaled approximately 

388,000 pounds, which is significantly 

below the GHL of 788,000 pounds. The 

NPFMC determined that the GHL would 

continue to be in place for the 2012 

charter halibut season because the CSP 

would not be implemented for 2012. 

Based on the 2011 charter harvest 

estimate that was well below the GHL 

under the 37-inch maximum length 

limit regulation, the NPFMC determined 

that it would be appropriate for IPHC to 

consider management measures in 

addition to a maximum length limit to 

limit charter harvest to the GHL. To 

address this issue for 2012, the NPFMC 

requested that ADF&G analyze the 

following options for management 

measures for the Area 2C charter halibut 

fishery to limit charter harvest to the 

2012 GHL: 

1. Maximum size limits; 

2. Reverse slot limits (anglers may 

retain fish under a relatively small 

maximum size limit and fish over a 

relatively high minimum size limit, but 

must return to the sea fish that are larger 

than the lower size limit and smaller 

than the upper size limit); and 

3. Closures on selected days of the 

week. 

In November 2011, the IPHC 

announced the total CEY for Area 2C in 

2012, which results in an Area 2C GHL 

of 931,000 pounds. In December 2011, 

the NPFMC reviewed the analysis of the 

management measures to limit Area 2C 

charter harvest to the 2012 GHL and 

unanimously recommended that the 

IPHC implement a reverse slot limit 

with a lower limit of under 45 inches 

(U45) and an upper limit of over 68 

inches (O68). This U45/O68 reverse slot 

limit would allow the retention of 

halibut approximately ≤ 32 pounds and 

≥ 123 pounds (headed and gutted). In 

considering charter management 

measures for 2012, the NPFMC sought 

to select a management measure that 

would enable the charter sector to 

harvest an amount of halibut close to 

the GHL without exceeding it. 

The NPFMC noted that its U45/O68 

reverse slot limit recommendation is 

likely to limit charter harvest to the GHL 

because the analysis projected that 

charter harvest under these length limits 

would be 6.4 percent under the GHL. 

The NPFMC also determined that its 

recommendation was conservative 

because it assumes (1) the higher of two 

harvest projections of numbers of fish 

(45,338) harvested by charter vessel 

anglers in Area 2C based on the recent 

3-year average; and (2) that charter 

vessel anglers will want to retain the 

largest halibut possible, will choose to 

release more smaller halibut in 

comparison to recent years, and this 

selectivity will result in approximately 

20 percent more fish harvested that are 

greater than 68 inches in length than in 

the previous fishing year. 

The NPFMC recommended a reverse 

slot limit instead of a maximum length 

limit based on input from its Charter 

Implementation Committee and charter 

fishery participants indicating that the 

reverse slot limit would provide anglers 

with an opportunity to retain a ‘‘trophy’’ 

fish (halibut larger than 68 inches), 

whereas a maximum length limit would 

prohibit retention of any halibut larger 

than the maximum length limit. These 

charter fishery stakeholders indicated 

that a reverse slot limit would be less 

likely to result in adverse economic 

impacts from reduced angler demand 

than a maximum length limit regulation. 

The NPFMC did not recommend daily 

closures because of identified 

enforcement difficulties and uncertainty 

regarding the effects of daily closures on 

charter harvest. Additionally, the day of 

the week closure would impact charter 

businesses differently, depending on 

their business model and their ability to 

change halibut fishing schedules for 

individual clients. 

The NPFMC requested that the IPHC 

implement the U45/O68 reverse slot 

limit in the 2012 Area 2C charter 

fishery. At its annual meeting in January 

2012, the IPHC reviewed the ADF&G 

analysis the NPFMC used in developing 

its recommendation. The IPHC 

unanimously recommended 

implementing the U45/O68 reverse slot 

limit for charter anglers in Area 2C for 

the 2012 halibut fishing season. The 

IPHC determined that its recommended 

reverse slot limit in Area 2C was 

necessary to prevent excess halibut 

harvest by charter vessel anglers as an 

immediate but interim measure for 

2012. The IPHC’s recommendation was 

based on the NPFMC’s objective to 

implement a management measure that 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16743 

would (1) restrict charter harvest to the 

GHL, and (2) be less likely to result in 

adverse economic impacts for charter 

operators from reduced angler demand 

than a maximum length limit regulation. 

Area 2C Carcass Retention 

Current IPHC 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 maintaining the 

current regulation at section 28(2)(b) 

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 regulation was 

implemented in 2011 to facilitate 

enforcement of the 37-inch maximum 

size limit and accounting of each charter 

vessel angler’s halibut bag limit. The 

IPHC recommended maintaining the 

carcass retention requirement in 2012 to 

facilitate enforcement of the U45/O68 

reverse slot limit in Area 2C. 

Pacific Fishery Management Council’s 

Area 2A Catch Sharing Plan and 

Codified Regulations 

In addition to implementing the IPHC 

recommendations, this final rule 

approves several Council-recommended 

changes to the Pacific Fishery 

Management Council’s Area 2A CSP, 

implements the CSP through annual 

management measures, and makes 

minor changes to NMFS’ codified 

regulations for the halibut fishery in 

Area 2A. 

Changes to Codified Regulations for 

Area 2A 

This final rule makes minor 

corrections to the Federal regulations at 

§ 300.63 to make the term ‘‘sablefish 

primary fishery’’ consistent through the 

halibut regulations to match the 

groundfish regulations where the term is 

defined. Current halibut regulations use 

inconsistent terms to refer to the 

sablefish primary fishery. These changes 

are minor corrections and do not 

represent a shift in policy regarding the 

sablefish primary fishery or the halibut 

fishery. 

Changes to the Area 2A Catch Sharing 

Plan; Annual Management Measures 

This final rule approves the CSP as 

revised by recommendations of the 

PFMC. For 2012 and beyond, the PFMC 

has recommended several minor 

changes to the Plan that would: Adjust 

the primary fishery schedule for the 

Washington South coast subarea to 

maintain the number of fishing days 

seen in previous years; adjust the quota 

split for the Columbia River subarea 

between the early and late fishery to 

better align the fishery with recent effort 

trends, and adjust the Oregon 

contribution to the subarea to better 

align the Oregon quota contribution to 

the Columbia River subarea quota with 

previous years’ halibut landings from 

Oregon; adjust the Oregon Central Coast 

subarea spring and nearshore quotas to 

allow the maximum number of fishing 

days in each fishery and adjust the 

inseason adjustment rules for this 

subarea so that any remaining quota 

from the spring fishery may be allocated 

to either the summer fishery and/or the 

nearshore fishery. This final rule also 

adopts the annual domestic 

management measures for Area 2A. 

Changes to these management measures 

from 2011 are necessary to implement 

the IPHC’s decision regarding the Area 

2A total allowable catch (TAC) and the 

above-described changes to the Catch 

Sharing Plan. 

The adjustment in 2012 to the Oregon 

contribution to the quota for the 

Columbia River subarea results in a 

small portion of the overall Oregon/ 

California sport fishery allocation being 

undistributed. The overall Oregon/ 

California sport fishery allocation is 

separated into three components: (1) A 

contribution to the Columbia River 

subarea (previously 5 percent or amount 

equal to the Washington contribution, 

whichever was greater); (2) a 92 percent 

allocation to the Oregon Central Coast 

subarea; and (3) a 3 percent allocation 

to the South of Humbug subarea. In past 

years the Oregon contribution to the 

Columbia River subarea quota was set at 

5 percent, because this amount was 

greater than the Washington 

contribution, meaning that the three 

components of the Oregon/California 

sport fishery allocation totaled 100 

percent. This year, the Oregon 

contribution is set equal to the 

Washington contribution, which is an 

amount less than 5 percent of the 

overall Oregon/California sport fishery 

allocation. This change results in a 

remainder of 2 percent undistributed 

Oregon/California sport fishery 

allocation. To remedy this situation 

NMFS is not making any long-term 

changes to allocations, but is 

distributing the remainder of the overall 

Oregon/California sport fishery 

allocation left after the Columbia River 

contribution is removed according to 

the Oregon/California subarea 

allocations specified in the Plan; i.e., the 

remainder will be distributed 92 percent 

to the Central Coast subarea and 

3 percent to the South of Humbug 

subarea. For 2013 and beyond NMFS 

anticipates that the Council will 

recommend changes to the CSP to 

address this issue. 

Incidental Halibut Retention in the 

Sablefish Primary Fishery North of Pt. 

Chehalis, Washington 

The CSP provides that incidental 

halibut retention in the sablefish 

primary fishery north of Pt. Chehalis, 

Washington, will be allowed when the 

Area 2A TAC is greater than 900,000 lb 

(408.2 mt), provided that a minimum of 

10,000 lb (4.5 mt) is available above a 

Washington recreational TAC of 214,100 

lb (97.1 mt). In 2012, the TAC is 989,000 

lb (448.6 mt); therefore incidental 

halibut retention will be allowed in this 

fishery. Landing restrictions will be 

recommended by the PFMC for public 

review at its March meeting and final 

recommendations will occur at its April 

meeting. Following this meeting NMFS 

will publish the restrictions in the 

Federal Register. 

Corrections to Federal Regulations at 

§ 300.63 

This rule makes minor corrections to 

the Federal regulations at § 300.63 to 

make the term ‘‘sablefish primary 

fishery’’ consistent through the halibut 

regulations and match the groundfish 

regulations where the term is defined. 

Current halibut regulations 

inconsistently use the terms when 

referring to the sablefish primary 

fishery. 

Area 2A Catch Sharing Plan and 

Annual Regulations; Comments and 

Responses 

NMFS accepted comments through 

February 21, 2012, on the proposed rule 

for the Area 2A CSP and annual 

regulations and received 2 public 

comments: 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 IPHC’s final 2012 

TAC decisions to review the results of 

the 2011 Puget Sound halibut fishery, 

and to develop season dates for the 2012 

sport halibut fishery. Based on the 2012 

Area 2A TAC of 989,000 lb (448.6 mt), 

the halibut quota for the Puget Sound 

sport fishery is 57,393 lb (26 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. Within the Puget Sound 

mstockstill on DSK4VPTVN1PROD with RULES

16744 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

sport halibut fishery, WDFW 

recommends they open as follows: in 

the Eastern Region from May 3–19, 

Thursday through Saturday, and May 

24–28, Thursday through Monday, and 

from May 31 through June 2, Thursday 

through Saturday. In the Western 

Region from May 24–28, WDFW 

recommends the fishery be open 

Thursday through Monday; and from 

May 31–June 23, Thursday through 

Saturday. 

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 

in 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 191,780 lb 

(86.9 mt) in 2012, based on the IPHC’s 

2012 TAC for Area 2A. Because of the 

increased TAC for 2012, 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 10–12, 17–19, 24–26 and May 

31–June 2; back-up open days of June 

14–16, 28–30, July 12–14, and 26–28. 

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 Friday-Saturday, 

unless modified in-season within the 

parameters of the CSP. Under the CSP, 

the 2012 summer all-depth fishery in 

Oregon’s Central Coast Subarea occurs: 

August 3–4, 17–18, August 31– 

September 1, 14–15, 28–29, October 12– 

13, and 26–27. 

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. 

Therefore, NMFS implements the dates 

in this final rule. 

Changes From the Proposed Rule 

On February 2, 2012, NMFS 

published a proposed rule to modify the 

CSP and recreational management 

measures for Area 2A (77 FR 5473). The 

final TAC amounts were not available 

until January 27, 2012, 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 989,000 lb. The final 2A TAC 

is unchanged from the proposed rule. 

There are four changes to sport fishery 

season dates in this final rule from the 

proposed rule. The first two changes are 

in sections (8)(b)(i)(A) and (B) in the 

annual management measures. These 

changes were made after discussion 

with WDFW to better align the season 

dates with past practices of having a 

‘‘quota management closure’’ following 

the first two open periods; the dates 

listed in the proposed rule were in error 

and did not include a quota 

management closure.. The third change 

is in section (8)(d)(i). July 15th was 

listed as the closing date of the first 

open period, but it should be July 14th. 

The first open period is scheduled to 

close on a Saturday, and July 15 is a 

Sunday, therefore Saturday July 14 is 

the correct date. The final change is to 

season dates in section (8)(e)(i)(C). The 

opening of the summer season was 

incorrectly listed as September 7 and 8, 

the correct dates are September 14–15 to 

follow the season structure of being 

open every other week. The remainder 

of the changes in this final rule are to 

simply add dates for sport fisheries 

which were not listed in the proposed 

rule. The proposed rule does not 

contain final season dates because the 

states do not submit their final season 

date recommendations until the final 

TAC decision is made by the IPHC (after 

the publication of the proposed rule) 

and the states have held their public 

meetings. There are no other substantive 

changes from the proposed rule. 

Guideline Harvest Levels for Areas 2C 

and 3A 

NMFS provides notice of the 2012 

Pacific halibut GHLs for the charter 

fishery in IPHC Regulatory Areas 2C and 

3A. This notice is necessary to meet the 

regulatory requirement at 50 CFR 

300.65(c) to publish notice announcing 

the GHLs and to inform the public about 

the 2012 GHLs for the charter fishery for 

halibut. The GHLs are benchmark 

harvest levels for participants in the 

charter fishery. Regulations at 

§ 300.65(c)(1) specify the GHLs based on 

the total CEY that is established 

annually by the IPHC. The total CEY for 

2012 is 5,865,000 pounds (2,660.3 mt) 

in Area 2C, and 19,779,000 pounds 

(8,971.6 mt) in Area 3A. The 

corresponding GHLs are 931,000 

pounds (422.3 mt) in Area 2C, and 

3,103,000 pounds (1,407.5 mt) in Area 

3A. 

Annual Halibut Management Measures 

The following annual management 

measures for the 2012 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; 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16745 

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. 

(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 

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 and the 

incidental commercial fishery during 

the sablefish fishery specified in 

paragraph (3) of section 8; or 

(b) the incidental catch fishery during 

the salmon troll fishery specified in 

paragraph (4) 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 or the incidental 

commercial fishery during the sablefish 

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 

mstockstill on DSK4VPTVN1PROD with RULES

16746 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / 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. 

3The incidental fishery during the directed, fixed 

gear sablefish season is restricted to waters that are 

north of Point Chehalis, Washington (46°53′18′′ N. 

latitude) under regulations promulgated by NMFS 

at CFR 300.63. Landing restrictions for halibut 

retention in the fixed gear sablefish fishery can be 

found at CFR 660.231. 

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, establishing or 

modifying 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 

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 27, July 

13, July 11, July 25, August 8, August 

22, September 5, and September 19 

unless the Commission specifies 

otherwise. 

(3) Notwithstanding paragraph (7) of 

section 11, an incidental catch fishery 3

is authorized during the sablefish 

seasons in Area 2A in accordance with 

regulations promulgated by NMFS. This 

fishery will occur between 1200 hours 

local time on March 17 and 1200 hours 

local time on November 7. 

(4) 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 17 and 1200 hours local time on 

November 7. 

(5) The fishing period in Areas 2B, 2C, 

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

begin at 1200 hours local time on March 

17 and terminate at 1200 hours local 

time on November 7, unless the 

Commission specifies otherwise. 

(6) 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 7. 

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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16747 

4Area 2B includes the combined commercial and 

sport catch limits which will be allocated by DFO. 

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 ................................. 203,784 92.4 

2A: incidental commercial during sablefish fishery ......................................................................................... 21,173 9.6 

2B4 .................................................................................................................................................................. 7,038,000 3,191.8 

2C .................................................................................................................................................................... 2,624,000 1,190.0 

3A ..................................................................................................................................................................... 11,918,000 5,405.0 

3B ..................................................................................................................................................................... 5,070,000 2,299.3 

4A ..................................................................................................................................................................... 1,567,000 710.7 

4B ..................................................................................................................................................................... 1,869,000 847.6 

4C .................................................................................................................................................................... 1,107,355 502.2 

4D .................................................................................................................................................................... 1,107,355 502.2 

4E ..................................................................................................................................................................... 250,290 113.5 

(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 (4) 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 

7, 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 7, 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 DFO. 

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 

mstockstill on DSK4VPTVN1PROD with RULES

16748 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

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 

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. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16749 

5 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. 

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, Oregon Department 

of Fish and Wildlife (ODFW) Fixed Gear 

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, ODFW, 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 

fishery during the salmon troll season in 

Area 2A defined in paragraph (4) 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 for each set; 

(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. 

(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; 5 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, but 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 (in pounds) obtained at 

mstockstill on DSK4VPTVN1PROD with RULES

16750 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

6Without 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. 

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. 

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 6 published at 50 CFR 

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 

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 

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 halibut 

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 

halibut 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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16751 

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. 

(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 17 through 

November 7, or until 321,650 pounds 

(145.9 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 24,500 pounds (11.1 

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) 214,110 pounds (97.1 metric tons) 

net weight in waters off Washington; 

and 

(b) 203,783 pounds (92.4 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 57,393 lb (26 mt). 

mstockstill on DSK4VPTVN1PROD with RULES

16752 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

(i) The fishing season in eastern Puget 

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

Point) is open May 3–19, 3 days per 

week, Thursday–Saturday. May 24–28, 

Thursday–Monday. May 31–June 2, 3 

days per week, Thursday through 

Saturday. The fishing season in western 

Puget Sound (west of 123°49.50′ W. 

long., Low Point) is open May 24–28, 

Thursday–Monday, and open May 31– 

June 23, 3 days a week, Thursday– 

Saturday. 

(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 

108,030 lb (49 mt). 

(i) The fishing seasons are: 

(A) Commencing on May 10 and 

continuing 2 days a week (Thursday and 

Saturday) until 108,030 lb (49 mt) are 

estimated to have been taken and the 

season is closed by the Commission or 

until May 19. 

(B) If sufficient quota remains the 

fishery will reopen on May 31 and/or 

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 108,030 lb (49 mt) is 

estimated to have been taken and the 

area is closed by the Commission, or 

until September 30, whichever is 

earlier. After May 19, any fishery 

opening will be announced on the 

NMFS hotline at 800–662–9825. No 

halibut fishing will be allowed after 

May 19 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 BonillaTatoosh line, as defined by a line 

connecting the light on Tatoosh Island, 

WA, with the light on Bonilla Point on 

Vancouver Island, British 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 

§ 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 42,739 

lb (19.3 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: 40,739 lb (18.4 mt) 

for the primary fishery and 2,000 lb (0.9 

mt) for the nearshore fishery. The 

primary fishery commences on May 6 

and continues 2 days a week (Sunday 

and Tuesday) until May 22. If the 

primary quota is projected to be 

obtained sooner than expected the 

management closure may occur earlier. 

Beginning on June 3 the primary fishery 

will be open at most 2 days per week 

(Sunday and/or 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 6 and continues 

seven days per week. Subsequent to 

closure of the primary fishery the 

nearshore fishery is open seven days per 

week, until 42,739 lb (19.3 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, Subpart G. 

(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 11,895 lb (5.3 

mt). 

(i) The fishing season commences on 

May 3, and continues 3 days a week 

(Thursday, Friday and, Saturday) until 

9,516 lb (4.3 mt) are estimated to have 

been taken and the season is closed by 

the Commission or until July 14, 

whichever is earlier. The fishery will 

reopen on August 3 and continue 3 days 

a week (Friday through Sunday) until 

2,379 lb (1.1 mt) have been taken and 

the season is closed by the Commission, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16753 

7 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. 

8NMFS 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. 

9Charter vessels are prohibited from harvesting 

halibut in Area 2C and 3A during one charter vessel 

fishing trip under regulations promulgated by 

NMFS at CFR 300.66. 

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 191,780 

lb (86.9 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 (23,014 lb (10.4 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 

§ 660.71(k). 

(B) The second season (spring season), 

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

open three days week, Thursday 

through Saturday, on May 10–12, May 

17–19, May 24–26, May 31–June 2, 

2012. The projected catch for this 

season is 120,821 lb (54.8 mt). If 

sufficient unharvested catch remains for 

additional fishing days, the season will 

re-open. Depending on the amount of 

unharvested catch available, the 

potential season re-opening dates will 

be: June 14–16, June 28–30, July 12–14, 

and July 26–28. If NMFS decides inseason to allow fishing on any of these 

re-opening dates, notice of the reopening will be announced on the 

NMFS hotline (206) 526–6667 or (800) 

662–9825. No halibut fishing will be 

allowed on the re-opening 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’’ 

fishery, will be open every other Friday 

and Saturday on August 3–4, August 

17–18, August 31–September 1, 

September 14–15, September 28–29, 

October 12–13 and October 26–27, 2012, 

or until the combined spring season and 

summer season quotas in the area 

between Cape Falcon and Humbug 

Mountain, OR, totaling 168,766 lb (76.5 

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 sufficient quota 

remains after the last day of the first 

scheduled open period August 4, 2012. 

If, after this date, an amount greater than 

or equal to 60,000 lb (27.2 mt) remains 

in the combined all-depth and inside 

40-fm (73-m) quota, the fishery may reopen every Friday and Saturday, 

beginning August 17–18, August 31– 

September 1. If after September 3, an 

amount greater than or equal to 30,000 

lb (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 14 and 15, and 

ending October 31. After September 3, 

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 

possess 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 § 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 6,056 lb (2.7 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: 7

(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: 8

(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 9 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 greater than 45 

inches (114.3 cm) and less than 68 

inches (172.7 cm) as measured in a 

straight line, passing over the pectoral 

fin from the tip of the lower jaw with 

mstockstill on DSK4VPTVN1PROD with RULES

16754 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

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. 

BILLING CODE 3510–22–P 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16755 


mstockstill on DSK4VPTVN1PROD with RULESER22MR12.000</GPH>
16756 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULESER22MR12.001</GPH>
Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16757 

BILLING CODE 3510–22–C 


mstockstill on DSK4VPTVN1PROD with RULESER22MR12.002</GPH>
16758 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

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. 

2012 Area 2A Catch Sharing Plan, 

Annual Management Measures and 

Federal Regulations 

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 action has been determined to be 

not significant for 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 changes to the CSP, which 

allocates the catch of Pacific halibut 

among users in Washington, Oregon and 

California, and the codified regulations: 

1. Adjust the primary fishery schedule 

for the Washington South coast subarea 

(section (f)(1)(iii)) to be open for the first 

3 consecutive weeks Sunday and 

Tuesday and closed the following week. 

2. Adjust the subarea quota split for 

the Columbia River subarea (section 

(f)(1)(iv)) between the early and late 

fishery from 70 percent for the early 

fishery and 30 percent for the late 

fishery to 80 percent for the early 

fishery and 20 percent for the late 

fishery, and adjust the Oregon 

contribution to the subarea quota to 

equal the Washington contribution. 

3. Adjust the Oregon Central Coast 

subarea quota (section (f)(1)(v)) from 67 

percent to 63 percent for the spring 

fishery and from 8 percent to 12 percent 

for the nearshore fishery and allow 

remaining quota to be allocated from the 

spring fishery to either the summer 

fishery and/or the nearshore fishery. 

4. Make minor corrections to 

regulations at 300.63, to make the term 

‘‘sablefish primary fishery’’ consistent 

through the halibut regulations and 

match the groundfish regulations where 

the term is defined. Current halibut 

regulations use inconsistent terms when 

referring to the same fishery. 

Under the RFA, NMFS must identify 

the small entities impacted by this rule, 

describe that impact, and describe any 

alternatives considered. Under the 

Small Business Administration’s (SBAs) 

regulations implementing the RFA, a 

fishing entity is considered ‘‘small’’ if it 

has gross annual receipts of less than $4 

million. A governmental jurisdiction 

(i.e., town or community) is considered 

a small entity if it has fewer than 50,000 

people. 

Although many small and large 

nonprofit enterprises track fisheries 

management issues on the West Coast, 

the 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 non-treaty directed 

commercial fishery off the coast of 

Washington, Oregon, and California, are 

small businesses that are directly 

regulated by this rule. In 2008, 570 

vessels were issued IPHC licenses to 

retain halibut. IPHC issues licenses for: 

the directed commercial fishery in Area 

2A, including licenses issued to retain 

halibut caught incidentally in the 

primary sablefish fishery (296 licenses 

in 2008); incidental halibut caught in 

the salmon troll fishery (135 licenses in 

2008); and the charterboat fleet (139 

licenses in 2008). In 2011, 604 vessels 

were issued IPHC licenses to retain 

halibut. IPHC issues licenses for: the 

directed commercial fishery in Area 2A 

(147 licenses in 2011); incidental 

halibut caught in the salmon troll 

fishery (316 licenses in 2011); and the 

charterboat fleet (141 licenses in 2011). 

No vessel may participate in more than 

one of these three fisheries per year. 

Individual recreational anglers and 

private boats are the only sectors that 

are not required to have an IPHC license 

to retain halibut. Current Pacific Fishery 

Management Council estimates show 

that there are 44 tribal longline vessels. 

Therefore, the total estimate of affected 

entities is 648 vessels when tribal 

vessels are combined with IPHC 

licenses. The total estimated of the 

directed commercial fishery fleet for 

2012 is 191 vessels (147 directed 

commercial fishery licenses plus 44 

tribal vessels). In 2008, the total directed 

commercial fleet was about 340 vessels. 

NMFS does not have the data to 

analyze the impacts of these regulations 

on the charterboat fleet. However, 

impacts on the directed commercial 

fleets can be estimated via changes in 

ex-vessel revenues. According to the 

Pacific States Marine Fisheries 

Commission PacFIN data reports 

(Report 307), 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 2012 

commercial tribal (346,150 lbs) and nontribal (203,783 lbs) fishery is about $2.2 

million. Therefore, average ex-vessel 

revenue to potential participant in the 

directed commercial halibut fleet is 

expected to receive is about $12,000 

($2.2 million divided by 191 vessels). At 

$3.57/lb, the estimated ex-vessel value 

of the 2008 commercial tribal (397,000 

lbs) and non-tribal (321,381 lbs) fishery 

is $2.6 million. With a directed 

commercial fleet of 340 vessels, the 

2008 estimated average revenue per 

potential participating vessel is about 

$7,500 per vessel. Compared to 2008, 

despite the decline in the TAC, vessels 

are benefiting from higher prices and 

fewer competing vessels. 

The RIR/FRFA relies on the analysis 

in the 2009 RIR, which used 

information from the Pacific Fishery 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16759 

Management Council’s Final 

Environmental Impact Statement (FEIS) 

(available at ADDRESSES) on the 2009– 

2010 Groundfish Biennial Harvest 

Specifications and Management 

Measures to make personal income 

impact projections of the TAC on 

coastal communities. Personal income is 

considered a key indicator of economic 

activity, and is used in economic 

analysis to evaluate distributional 

effects on local and regional economies 

associated with changes in regulations. 

Income impacts include 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. Using 

available analysis from the FEIS, the 

2009 RIR estimated that the 2008 

commercial, recreational, and tribal 

fisheries generated about $8.8 million in 

personal income for the coastal tribal 

and non-tribal communities. This 2008 

estimate was based on a TAC of 

1,220,000 lbs. For 2012, the TAC is 

989,000 lbs, or about 81 percent of the 

2008 TAC. On a proportional basis, this 

decline would suggest that the income 

impacts for 2012 would be about $7.0 

million in 2008 dollars. Using the 

change in ex-vessel revenues as means 

of forecasting the change in community 

impact, the estimated 2012 income 

impact on coastal communities is about 

$7.5 million.) 

NOAA Fisheries cannot exempt small 

entities or change the reporting 

requirements for small entities, because 

the limits and reporting requirements 

are determined by international 

negotiations. 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 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 

2011 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, because they have been 

through the state public review process 

by the time the alternatives reach the 

Council, there are 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: align 

subarea quotas with recent 

participation, adjust season subarea 

quota splits to better match 

participation; and correct the codified 

regulations consistent with the 

groundfish 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. Section 302(b)(5) of 

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. 

NMFS NWR has initiated consultation 

on the halibut fishery under section 7 of 

the ESA because of the listing of 

yelloweye, canary, and bocaccio 

rockfish of the Puget Sound/Georgia 

Basin. Area 2A partially overlaps with 

the Distinct Population Segments (DPSs) 

for listed rockfish. NMFS completed a 

7(a)(2)/7(d) determination memo under 

the Endangered Species Act (ESA) 

finding that bycatch in the 2012 fishery 

was not likely to be a significant impact 

on listed species, that direct effects of 

the fishery (e.g. direct takes) were not 

likely to jeopardize the continued 

existence of any listed species, and that 

in no way did the 2012 fishery make an 

irreversible or irretrievable commitment 

of resources by the agency. At this time 

the consultation is not completed. 

List of Subjects in 50 CFR Part 300 

Fisheries, Fishing, and Indian 

fisheries. 

Dated: March 16, 2012. 

Alan D. Risenhoover, 

Acting 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 (b)(3), 

(d)(1)(ii), (d)(3), (d)(4), (d)(6), and (e)(2) 

are revised to read as follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(b) * * * 

(3) A portion of the Area 2A 

Washington recreational TAC is 

allocated as incidental catch in the 

sablefish primary fishery north of 

46°53.30’ N. lat, (Pt. Chehalis, 

Washington), which is regulated under 

50 CFR 660.231. This fishing 

opportunity is only available in years in 

which the Area 2A TAC is greater than 

900,000 lb (408.2 mt,) provided that a 

mstockstill on DSK4VPTVN1PROD with RULES

16760 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

minimum of 10,000 lb (4.5 mt) is 

available above a Washington 

recreational TAC of 214,100 lb (97.1 

mt). Each year that this harvest is 

available, the landing restrictions 

necessary to keep this fishery within its 

allocation will be recommended by the 

Pacific Fishery Management Council at 

its spring meetings, and will be 

published in the Federal Register. 

These restrictions will be designed to 

ensure the halibut harvest is incidental 

to the sablefish harvest and will be 

based on the amounts of halibut and 

sablefish available to this fishery, and 

other pertinent factors. The restrictions 

may include catch or landing ratios, 

landing limits, or other means to control 

the rate of halibut landings. 

(i) In years when this incidental 

harvest of halibut in the sablefish 

primary fishery north of 46°53.30′ N. lat. 

is allowed, it is allowed only for vessels 

using longline gear that are registered to 

groundfish limited entry permits with 

sablefish endorsements and that possess 

the appropriate incidental halibut 

harvest license issued by the 

Commission. 

(ii) It is unlawful for any person to 

possess, land or purchase halibut south 

of 46°53.30′ N. lat. that were taken and 

retained as incidental catch authorized 

by this section in the sablefish primary 

fishery. 

* * * * * 

(d) * * * 

(1) * * * 

(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 sablefish 

primary fishery described at 50 CFR 

660.231; or 

* * * * * 

(3) No person shall fish for halibut in 

the directed commercial halibut fishery 

during the fishing periods established in 

section 8 of the annual domestic 

management measures and IPHC 

regulations and/or retain halibut 

incidentally taken in the sablefish 

primary fishery in Area 2A from a vessel 

that has been used during the same 

calendar year for the incidental catch 

fishery during the salmon troll fishery 

as authorized in Section 8 of the annual 

domestic management measures and 

IPHC regulations. 

(4) No person shall fish for halibut in 

the directed commercial halibut fishery 

and/or retain halibut incidentally taken 

in the sablefish primary fishery in Area 

2A from a vessel that, during the same 

calendar year, has been used in the 

sport halibut fishery in Area 2A or that 

is licensed for the sport charter halibut 

fishery in Area 2A. 

* * * * * 

(6) No person shall retain halibut in 

the salmon troll fishery in Area 2A as 

authorized under section 8 of the annual 

domestic management measures and 

IPHC regulations taken on a vessel that, 

during the same calendar year, has been 

used in the directed commercial halibut 

fishery during the fishing periods 

established in Section 8 of the annual 

domestic management measures and 

IPHC regulations and/or retained 

halibut incidentally taken in the 

sablefish primary fishery for Area 2A or 

that is licensed to participate in these 

commercial fisheries during the fishing 

periods established in Section 8 of the 

annual domestic management measures 

and IPHC regulations in Area 2A. 

(e) * * * 

(2) Non-treaty commercial vessels 

operating in the incidental catch fishery 

during the sablefish primary 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). 

* * * * * 

[FR Doc. 2012–6858 Filed 3–19–12; 11:15 am] 

BILLING CODE 3510–22–P 

mstockstill on DSK4VPTVN1PROD with RULES