Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12759

Commission, unless the parties have

entered into an agreement which allows

the FMS licensee to continue to operate

on a mutually agreed upon basis.

* * * * *

14. Section 101.81 is amended by

revising the section heading and the

introductory paragraph to read as

follows:

§ 101.81 Future licensing in the 1850–1990

MHz, 2110–2150 MHz, and 2160–2200 MHz

bands.

After April 25, 1996, all major

modifications and extensions to existing

FMS systems in the 1850–1990 MHz,

2110–2150 MHz, and 2160–2200 MHz

bands will be authorized on a secondary

basis to ET systems. All other

modifications will render the modified

FMS license secondary to ET

operations, unless the incumbent

affirmatively justifies primary status and

the incumbent FMS licensee establishes

that the modification would add to the

relocation costs of ET licensees.

Incumbent FMS licensees will maintain

primary status for the following

technical changes:

* * * * *

[FR Doc. 97–6751 Filed 3–17–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 961217359–7050–02; I.D.

121196B]

RIN 0648–AJ11

Pacific Halibut Fisheries; Catch

Sharing Plans

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Annual management measures

and approval of catch sharing plans.

SUMMARY: The Assistant Administrator

for Fisheries, NOAA (AA), on behalf of

the International Pacific Halibut

Commission (IPHC), publishes annual

management measures promulgated as

regulations by the IPHC and approved

by the Secretary of State governing the

Pacific halibut fishery. The AA also

announces the approval of

modifications to the Catch Sharing Plan

for Area 2A, and implementing

regulations for 1997. These actions are

intended to enhance the conservation of

Pacific halibut stocks in order to help

rebuild and sustain them at an adequate

level in the northern Pacific Ocean and

Bering Sea.

EFFECTIVE DATE: March 15, 1997.

ADDRESSES: NMFS Alaska Region, 709

W. 9th St., P.O. Box 21668, Juneau, AK

99802–1668; or NMFS Northwest

Region, 7600 Sand Point Way NE,

Seattle, WA 98115–0070.

FOR FURTHER INFORMATION CONTACT: Joe

Scordino, 206–526–6143 or Jay Ginter,

907–586–7228.

SUPPLEMENTARY INFORMATION: The IPHC

has promulgated regulations governing

the Pacific halibut fishery in 1997,

under the Convention between the

United States and Canada for the

Preservation of the Halibut Fishery of

the North Pacific Ocean and Bering Sea

(Convention), signed at Ottawa, Ontario,

on March 2, 1953, as amended by a

Protocol Amending the Convention

(signed at Washington, D.C., on March

29, 1979). The IPHC regulations have

been approved by the Secretary of State

of the United States under section 4 of

the Northern Pacific Halibut Act

(Halibut Act, 16 U.S.C. 773–773k).

Pursuant to regulations at 50 CFR

section 300.62, the approved IPHC

regulations setting forth the 1997 IPHC

annual management measures are

published in the Federal Register to

provide notice of their effectiveness,

and to inform persons subject to the

regulations of the restrictions and

requirements.

The IPHC held its annual meeting on

January 27–30, 1997, in Victoria, British

Columbia, and adopted regulations for

1997. The substantive changes to the

previous IPHC regulations (61 FR 11337,

March 20, 1996) include: (1) New catch

limits for all areas; (2) elimination of the

commercial IPHC license requirement

for U.S. vessels fishing in Alaska; (3)

allowance for possessing halibut from

multiple fishing areas onboard the

vessel under specified conditions; (4)

elimination of the requirement to

maintain halibut log information

separate from other records onboard the

vessel; and (5) opening dates for the

Area 2A commercial directed fishery.

In addition, this action implements

Catch Sharing Plans (Plans) for

regulatory Areas 2A and 4. These Plans

were developed respectively by the

Pacific Fishery Management Council

(PFMC) and the North Pacific Fishery

Management Council (NPFMC) under

authority of the Halibut Act. Section 5

of the Halibut Act (16 U.S.C. 773c)

provides that the Secretary of Commerce

(Secretary) shall have general

responsibility to carry out the Halibut

Convention (Convention) between the

United States and Canada, and that the

Secretary shall adopt such regulations

as may be necessary to carry out the

purposes and objectives of the

Convention and the Halibut Act. The

Secretary’s authority has been delegated

to the AA. Section 5 of the Halibut Act

(16 U.S.C. 773c(c)) also authorizes the

Regional Fishery Management Council

having authority for the geographic area

concerned to develop regulations

governing the Pacific halibut catch in

U.S. Convention waters that are in

addition to, but not in conflict with,

regulations of the IPHC. Pursuant to this

authority, NMFS requested the PFMC

and NPFMC to allocate halibut catches

should such allocation be necessary.

Catch Sharing Plan for Area 2A

The PFMC has prepared annual Plans

since 1988 to allocate the halibut catch

limit for Area 2A among treaty Indian,

non-Indian commercial, and non-Indian

sport fisheries in and off Washington,

Oregon, and California. In 1995, NMFS

implemented a Council-recommended

long-term Plan (60 FR 14651, March 20,

1995), which was revised in 1996 (61 FR

11337, March 20, 1996). The Plan

allocates 35 percent of the Area 2A total

allowable catch (TAC) to Washington

treaty Indian tribes in Subarea 2A–1,

and 65 percent to non-Indian fisheries

in Area 2A. The allocation to nonIndian fisheries is divided into 3 shares,

with the Washington sport fishery

(north of the Columbia River) receiving

36.6 percent, the Oregon/California

sport fishery receiving 31.7 percent, and

the commercial fishery receiving 31.7

percent. The commercial fishery is

further divided into 2 sectors; a directed

(traditional longline) commercial fishery

that is allocated 85 percent of the nonIndian commercial harvest, and 15

percent for harvests of halibut caught

incidental to the salmon troll fishery.

The directed commercial fishery in Area

2A is confined to southern Washington

(south of 46°5′18′′ N. lat.), Oregon and

California. The Plan also divides the

sport fisheries into seven geographic

areas each with separate allocations,

seasons, and bag limits.

For 1997, PFMC recommended

changes to the Plan to restructure the

May and August seasons in the Oregon

Central Coast subarea sport fishery

(Cape Falcon to Florence north jetty)

from a quota managed to a fixed-length

season fishery. A complete description

of the PFMC recommended changes to

the Plan and implementing regulations

was published in the Federal Register

on January 3, 1997 (62 FR 382) with a

request for public comments. No

comments were received on the

proposed changes to the Plan, and
12760 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

NMFS hereby approves the changes to

the Plan.

The Plan for the Oregon sport

fisheries is modified to read as follows:

Oregon Central Coast Subarea

If the Area 2A TAC is 388,350 lb (176.2 mt)

and greater, this subarea extends from Cape

Falcon to the Siuslaw River at the Florence

north jetty (44°0′08′′ N. lat.) and is allocated

88.4 percent of the Oregon/California sport

allocation, which is 18.21 percent of the Area

2A TAC. If the Area 2A TAC is less than

388,350 lb (176.2 mt), this subarea extends

from Cape Falcon to the California border

and is allocated 95.4 percent of the Oregon/

California sport allocation. The structuring

objectives for this subarea are to provide two

fixed-length periods of fishing opportunity in

May and in August in productive deeper

water areas along the coast, principally for

charterboat and larger private boat anglers,

and provide a period of fishing opportunity

in the summer for nearshore waters for small

boat anglers. Fixed-length seasons will be

established preseason for the May and

August openings and will not be modified

inseason. The average catch per day observed

in the previous 3 years in May and August

will be used to estimate the number of open

days for each fixed season. ODFW will

monitor landings and provide a post-season

estimate of catch within 2 weeks of the end

of the fixed season. If sufficient catch

remains for an additional day of fishing after

the May season or the August season,

openings will be provided in May and

August respectively. Potential additional

open dates for both the May and August

seasons will be announced preseason. If a

decision is made inseason to allow fishing on

one or more of these additional dates, notice

of the opening will be announced on the

NMFS hotline (206) 526–6667 or (800) 662–

9825. No halibut fishing will be allowed on

the additional dates unless the opening date

has been announced on the NMFS hotline.

Any poundage remaining unharvested in the

subquotas from earlier seasons will be added

to the next season. The daily bag limit for all

seasons is two halibut per person, one with

a minimum 32-inch (81.3-cm) size limit and

the second with a minimum 50-inch (127.0

cm) size limit. ODFW will sponsor a public

workshop shortly after the IPHC annual

meeting to develop recommendations to

NMFS on the opening dates for each season

each year. The three seasons for this subarea

are as follows.

1. The first season is an all-depth fishery

that begins in mid-May and is allocated 68

percent of the subarea quota. Fixed season

dates will be established preseason based on

projected catch per day and number of days

to achievement of the subquota for this first

season. No inseason adjustments will be

made, except that additional opening days

(established preseason) may be allowed if

any quota for this season remains

unharvested. The fishery will be open 2 days

per week (Friday and Saturday) if the season

is for 4 or fewer fishing days. The fishery will

be open 3 days per week (Thursday through

Saturday) if the season is for 5 or more

fishing days.

2. The second season opens the day

following closure of the first season, only in

waters inside the 30-fathom (55 m) curve,

and continues daily until 7 percent of the

subarea quota is taken, or until early August,

whichever is earlier.

3. The last season is a coastwide (Cape

Falcon to Oregon/California border) all-depth

fishery that begins in early August and is

allocated 25 percent of the subarea quota.

Fixed season dates will be established

preseason based on projected catch per day

and number of days to achievement of the

combined Oregon subarea quotas south of

Cape Falcon. No inseason adjustments will

be made, except that additional opening days

(established preseason) may be allowed if

quota remains unharvested. The fishery will

be open 2 days per week (Friday and

Saturday).

Oregon South Coast Subarea

If the Area 2A TAC is 388,350 lb (176.2 mt)

and above, this subarea extends from the

Siuslaw River at the Florence north jetty

(44°01′08′′ N. lat.) to the California border

(42°00′00′′ N. lat.) and is allocated 7.0

percent of the Oregon/California sport

allocation, which is 1.44 percent of the Area

2A TAC. If the Area 2A TAC is less than

388,350 lb (176.2 mt), this subarea will be

included in the Oregon Central Coast

subarea. The structuring objective for this

subarea is to create a south coast

management zone designed to accommodate

the needs of both charterboat and private

boat anglers in this area where weather and

bar crossing conditions very often do not

allow scheduled fishing trips. The first and

second seasons will be managed for a quota,

and a fixed-length season will be established

preseason for the August coastwide season

(Cape Falcon to Oregon/California border).

The average catch per day observed in the

previous 3 years fisheries in August will be

used to estimate the number of days for the

fixed season. Additional open dates may be

allowed after the August fixed-length season

if sufficient quota remains for an additional

day of fishing. Potential additional open

dates will be announced preseason. If a

decision is made inseason to allow fishing on

one or more of these additional dates, notice

of the opening will be announced on the

NMFS hotline (206) 526–6667 or (800) 662–

9825. No halibut fishing will be allowed on

the additional dates unless the opening date

has been announced on the NMFS hotline.

Any poundage remaining unharvested in the

subquotas from earlier seasons will be added

to the next season. The daily bag limit for all

seasons is two halibut per person, one with

a minimum 32-inch (81.3 cm) size limit and

the second with a minimum 50-inch (127.0

cm) size limit. ODFW will sponsor a public

workshop shortly after the IPHC annual

meeting to develop recommendations to

NMFS on the opening dates for each season

each year. The three seasons for this subarea

are as follows:

1. The first season is an all-depth fishery

that begins in May and continues at least 3

days per week (dependent on TAC) until 80

percent of the subarea quota is taken.

2. The second season opens the day

following closure of the first season, only in

waters inside the 30-fathom (55 m) curve,

and continues daily until the subarea quota

is estimated to have been taken, or early

August, whichever is earlier.

3. The last season is a coastwide (Cape

Falcon to Oregon/California border) all-depth

fishery that begins in early August. Fixed

season dates will be established preseason

based on projected catch per day and number

of days to achievement of the combined

Oregon subarea quotas south of Cape Falcon.

No inseason adjustments will be made,

except that additional opening days

(established preseason) may be allowed if

quota remains unharvested. The fishery will

be open 2 days per week (Friday and

Saturday).

Copies of the complete Plan for Area

2A as modified are available from the

NMFS Northwest Regional Office (see

ADDRESSES).

In accordance with the Plan, the

Oregon Department of Fish and Wildlife

(ODFW) and the Washington

Department of Fish and Wildlife

(WDFW) held public workshops (after

the IPHC set the Area 2A quota) on

February 3 and 4, 1997, respectively, to

develop recommendations on the

opening dates and weekly structure of

the sport fisheries. ODFW and WDFW

sent NMFS a letter on February 7 and

11, 1997, respectively, advising on the

outcome of the workshop and provided

recommendations on the opening dates

and season structure for the sport

fisheries in the Washington inside

waters area, the Washington north coast

area, the Oregon central coast area, and

the Oregon south coast area. The

seasonal structuring of the sport

fisheries in other areas are stipulated in

the Plan. NMFS has approved the

recommended opening dates and season

structuring provided by ODFW and

WDFW and implemented the sport

fishery structuring established in the

Plan for 1997 as described herein.

Catch Sharing Plan for Area 4

The NPFMC developed a Plan in 1996

for allocating the Area 4 catch limit

established by the IPHC among subareas

4A, 4B, 4C, 4D, and 4E. This Plan was

adopted by the Secretary and first

implemented in 1996 (61 FR 11337,

March 20, 1996) and remains in effect

until amended by action of the NPFMC.

No changes were recommended by the

Council for 1997. The 1997 catch limits

established by the IPHC for the Area 4

subareas, and published at section 10 of

the following regulations, are consistent

with the Plan.

The 1997 Pacific halibut fishery

regulations are identical to those

recommended by the IPHC and

approved by the Secretary of State as

follows.
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12761

1997 Pacific Halibut Fishery

Regulations

1. Short Title

These regulations may be cited as the

Pacific Halibut Fishery Regulations.

2. Interpretation

(1) In these Regulations,

(a) Authorized officer means any State,

Federal, or Provincial officer authorized to

enforce these regulations including, but not

limited to, the National Marine Fisheries

Service (NMFS), Canada’s Department of

Fisheries and Oceans (DFO), Alaska Division

of Fish and Wildlife Protection (ADFWP),

and the United States Coast Guard (USCG);

(b) Charter vessel means a vessel used for

hire in sport fishing for halibut, but not

including a vessel without a hired operator;

(c) Commercial fishing means fishing the

resulting catch of which either is or is

intended to be sold or bartered;

(d) Commission means the International

Pacific Halibut Commission;

(e) Daily bag limit means the maximum

number of halibut a person may take in any

calendar day from Convention waters;

(f) Fishing means the taking, harvesting, or

catching of fish, or any activity that can

reasonably be expected to result in the

taking, harvesting, or catching of fish,

including specifically the deployment of any

amount or component part of setline gear

anywhere in the maritime area;

(g) Fishing period limit means the

maximum amount of halibut that may be

retained and landed by a vessel during one

fishing period;

(h) Land, with respect to halibut, means

the offloading of halibut from the catching

vessel;

(i) License means a halibut fishing license

issued by the Commission pursuant to

section 3;

(j) Maritime area, in respect of the fisheries

jurisdiction of a Contracting Party, includes

without distinction areas within and seaward

of the territorial sea or internal waters of that

Party;

(k) Operator, with respect to any vessel,

means the owner and/or the master or other

individual on board and in charge of that

vessel;

(l) Overall length of a vessel means the

horizontal distance, rounded to the nearest

foot, between the foremost part of the stem

and the aftermost part of the stern (excluding

bowsprits, rudders, outboard motor brackets,

and similar fittings or attachments);

(m) Person includes an individual,

corporation, firm, or association;

(n) Regulatory area means an area referred

to in section 6;

(o) Setline gear means one or more

stationary, buoyed, and anchored lines with

hooks attached;

(p) Sport fishing means all fishing other

than commercial fishing and treaty Indian

ceremonial and subsistence fishing;

(q) Tender means any vessel that buys or

obtains fish directly from a catching vessel

and transports it to a port of landing or fish

processor;

(2) In these Regulations, all bearings are

true and all positions are determined by the

most recent charts issued by the National

Ocean Service or the Canadian Hydrographic

Service.

(3) In these Regulations all weights shall be

computed on the basis that the heads of the

fish are off and their entrails removed.

3. Licensing Vessels

(1) No person shall fish for halibut from a

vessel, nor possess halibut on board a vessel,

used either for commercial fishing or as a

charter vessel in Area 2A unless the

Commission has issued a license valid for

fishing in Area 2A in respect of that vessel.

(2) A license issued for a vessel operating

in Area 2A shall be valid only for operating

either as a charter vessel or a commercial

vessel, but not both.

(3) A license issued for a vessel operating

in the commercial fishery in Area 2A shall

be valid only for either the directed

commercial fishery during the fishing

periods specified in paragraph (2) of section

7 or the incidental catch fishery during the

salmon troll fishery specified in paragraph

(3) of section 7, but not both.

(4) No person shall fish for halibut from a

vessel used as a charter vessel, nor possess

halibut on board such vessel, unless the

Commission has issued a license valid for

fishing in Area 2B in respect of that vessel.

(5) No person shall fish for halibut from a

vessel, nor possess halibut on board a vessel,

used as a charter vessel in Areas 2C, 3A, 3B,

4A, 4B, 4C, 4D, and 4E, unless the

Commission has issued a license valid for

fishing in those areas in respect of that

vessel.

(6) A license issued in respect of a vessel

referred to in paragraphs (1), (4), and (5) 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.

(7) The Commission shall issue a license in

respect of a vessel, without fee from its office

in Seattle, Washington, upon receipt of a

completed, written, and signed ‘‘Application

for Vessel License for the Halibut Fishery’’

form.

(8) A vessel operating in the directed

commercial fishery in Area 2A must have its

‘‘Application for Vessel License for the

Halibut Fishery’’ form postmarked no later

than 11:59 P.M. on April 30, or on the first

weekday in May if April 30 is a Saturday or

Sunday.

(9) 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.

(10) Application forms may be obtained

from any authorized officer or from the

Commission.

(11) Information on ‘‘Application for

Vessel License for the Halibut Fishery’’ form

must be accurate.

(12) The ‘‘Application for Vessel License

for the Halibut Fishery’’ form shall be

completed and signed by the vessel owner.

(13) Licenses issued under this section

shall be valid only during the year in which

they are issued.

(14) A new license is required for a vessel

that is sold, transferred, renamed, or redocumented.

(15) The license required under this

section is in addition to any license, however

designated, that is required under the laws of

Canada or any of its Provinces or the United

States or any of its States.

(16) The United States may suspend,

revoke, or modify any license issued under

this section under policies and procedures in

Title 15, Code of Federal Regulations, Part

904.

4. Inseason Actions

(1) The Commission is authorized to

establish or modify regulations during the

season after determining that such action:

(a) Will not result in exceeding the catch

limit established preseason for each

regulatory area;

(b) Is consistent with the Convention

between the United States of America and

Canada for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean and

Bering Sea, and applicable domestic law of

either Canada or the United States; and

(c) Is consistent, to the maximum extent

practicable, with any domestic catch sharing

plans developed by the United States or

Canadian governments.

(2) Inseason actions may include, but are

not limited to, establishment or modification

of the following:

(a) Closed areas;

(b) Fishing periods;

(c) Fishing period limits;

(d) Gear restrictions;

(e) Recreational bag limits;

(f) Size limits; or

(g) Vessel clearances.

(3) Inseason changes will be effective at the

time and date specified by the Commission.

(4) The Commission will announce inseason actions under this section by

providing notice to major halibut processors;

Federal, State, United States treaty Indian,

and Provincial fishery officials; and the

media.

5. Application

(1) These Regulations apply to persons and

vessels fishing for halibut in, or possessing

halibut taken from, waters off the west coast

of Canada and the United States, including

the southern as well as the western coasts of

Alaska, within the respective maritime areas

in which each of those countries exercises

exclusive fisheries jurisdiction as of March

29, 1979.

(2) Sections 6 to 20 apply to commercial

fishing for halibut.

(3) Section 21 applies to the United States

treaty Indian tribal fishery in Area 2A–1.

(4) Section 22 applies to sport fishing for

halibut.

(5) Sections 23 and 24 apply to fishing in

Area 2A.

(6) These regulations do not apply to

fishing operations authorized or conducted

by the Commission for research purposes.

6. Regulatory Areas

The following areas shall be regulatory

areas for the purposes of the Convention:

(1) Area 2A includes all waters off the

states of California, Oregon, and Washington;
12762 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

(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′57′′ N. lat.,

136°38′18′′ W. long.) 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.

lat., 155°35′00′′ W. long.) to Cape Ikolik

(57°17′17′′ N. lat., 154°47′18′′ W. long.), then

along the Kodiak Island coastline to Cape

Trinity (56°44′50′′ N. lat., 154°08′44′′ W.

long.), 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. lat., 164°20′00′′ W.

long.) and south of 54°49′00′′ N. lat. in

Isanotski Strait;

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

of Alaska west of Area 3B and in the Bering

Sea west of the closed area defined in section

9 that are east of 172°00′00′′ W. long. and

south of 56°20′00′′ N. lat.;

(7) Area 4B includes all waters in the

Bering Sea and the Gulf of Alaska west of

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

(8) Area 4C includes all waters in the

Bering Sea north of Area 4A and north of the

closed area defined in section 9 which are

east of 171°00′00′′ W. long., south of

58°00′00′′ N. lat., and west of 168°00′00′′ W.

long.;

(9) Area 4D includes all waters in the

Bering Sea north of Areas 4A and 4B, north

and west of Area 4C, and west of 168°00′00′′

W. long.;

(10) Area 4E includes all waters in the

Bering Sea north and east of the closed area

defined in section 9, east of 168°00′00′′ W.

long., and south of 65°34′00′′ N. lat.

7. Fishing Periods

(1) The fishing periods for each regulatory

area apply where the catch limits specified

in section 10 have not been taken.

(2) Each fishing period in the Area 2A

directed fishery south of 46°53′18′′ N. lat.

shall begin at 0800 hours and terminate at

1800 hours local time on July 8, July 22,

August 5, August 19, September 2, and

September 16 unless the Commission

specifies otherwise.

(3) Notwithstanding paragraph (2), and

paragraph (7) of section 10, an incidental

catch fishery is authorized during salmon

troll seasons in Area 2A. Vessels

participating in the salmon troll fishery in

Area 2A may retain halibut caught

incidentally during authorized periods, in

conformance with the annual salmon

management measures announced in the

Federal Register. The notice also will specify

the ratio of halibut to salmon that may be

retained during this fishery.

(4) The fishing period in Areas 2B, 2C, 3A,

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

1200 hours local time on March 15 and

terminate at 1200 hours local time on

November 15 unless the Commission

specifies otherwise.

(5) All commercial fishing for halibut in

Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and

4E shall cease at 1200 hours local time on

November 15.

8. 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

7 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 18, 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) of this section,

the vessel shall submit to a hold inspection

at the discretion of the authorized officer or

representative of the Commission.

(8) No person shall retain any halibut

caught on gear retrieved under paragraph (6)

of this section.

(9) No person shall possess halibut aboard

a vessel in a regulatory area during a closed

period unless that vessel is in continuous

transit to or within a port in which that

halibut may be lawfully sold.

9. Closed Area

(1) All waters in the Bering Sea north of

54°49′00′′ N. lat. in Isanotski Strait that are

enclosed by a line from Cape Sarichef Light

(54°36′00′′ N. lat., 164°55′42′′ W. long.) to a

point at 56°20′00′′ N. lat., 168°30′00′′ W.

long.; thence to a point at 58°21′25′′ N. lat.,

163°00′00′′ W. long.; thence to Strogonof

Point (56°53′18′′ N. lat., 158°50′37′′ W. long.);

and then along the northern coasts of the

Alaska Peninsula and Unimak Island to the

point of origin at Cape Sarichef Light are

closed to halibut fishing and no person shall

fish for halibut therein or have halibut in his/

her possession while in those waters except

in the course of a continuous transit across

those waters.

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

Chehalis, WA (46°53′18′′ N. lat.) are closed to

the directed commercial halibut fishery.

10. Catch Limits

(1) The total allowable catch of halibut to

be taken during the halibut fishing periods

specified in section 7 shall be limited to the

weight expressed in pounds or metric tons

shown in the following table:

Regulatory area

Catch limits

Pounds Metric tons

2A ...................... 144,235 65

2B ...................... 12,500,000 5,669

2C ...................... 10,000,000 4,535

3A ...................... 25,000,000 11,338

3B ...................... 9,000,000 4,082

Regulatory area

Catch limits

Pounds Metric tons

4A ...................... 2,940,000 1,333

4B ...................... 3,480,000 1,578

4C ...................... 1,160,000 526

4D ...................... 1,160,000 526

4E ...................... 260,000 118

(2) Notwithstanding paragraph (1) of this

section, the catch limit in Area 2A shall be

divided between a directed halibut fishery to

operate south of 46°53′18′′ N. lat. during the

fishing periods set out in paragraph 2 of

Section 7 and an incidental halibut catch

fishery during the salmon troll fishery in

Area 2A described in paragraph 3 of Section

7. In season actions to transfer catch between

these fisheries may occur in conformance

with the Catch Sharing Plan for Area 2A.

(a) The catch limit in the directed halibut

fishery is 122,600 lb (55.6 mt).

(b) The catch limit in the incidental catch

fishery during the salmon troll fishery is

21,635 lb (9.8 mt).

(3) The Commission shall determine and

announce to the public the date on which the

catch limit for Area 2A will be taken and the

specific dates during which the directed

fishery will be allowed in Area 2A.

(4) Notwithstanding paragraph (1), Area 2B

will close only when all Individual Vessel

Quotas assigned by Canada’s Department of

Fisheries and Oceans are taken, or November

15, whichever is earlier.

(5) Notwithstanding paragraph (1), Areas

2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will close

only when all Individual Fishing Quotas and

all Community Development Quotas issued

by the National Marine Fisheries Service

have been taken, or November 15, whichever

is earlier.

(6) If the Commission determines that the

catch limit specified for Area 2A in

paragraph (1) would be exceeded in an

unrestricted 10-hour fishing period as

specified in paragraph (2) of section 7, the

catch limit for that area shall be considered

to have been taken unless fishing period

limits are implemented.

(7) When under paragraphs (3) or (6) of this

section 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.

11. 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
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12763

commencing an offload of halibut other than

to a commercial fish processor, completely

offload all halibut on board said vessel and

ensure that all halibut are weighed and

reported on State fish tickets.

(4) The provisions of paragraph (3) are not

intended to prevent retail over-the-side sales

to individual purchasers so long as all the

halibut on board is ultimately offloaded and

reported.

(5) When fishing period limits are in effect,

a vessel’s maximum retainable catch will be

determined by the Commission based on

(a) The vessel’s overall length in feet and

associated length class;

(b) The average performance of all vessels

within that class; and

(c) The remaining catch limit.

(6) Length classes are shown in the

following table:

Overall length Vessel

class

1–25 ................................................... A

26–30 ................................................. B

31–35 ................................................. C

36–40 ................................................. D

41–45 ................................................. E

46–50 ................................................. F

51–55 ................................................. G

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

(7) Fishing period limits in Area 2A apply

only to the directed halibut fishery referred

to in paragraph (2) of section 7.

12. 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 the schedule; 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 the schedule.

(2) No person shall possess on board a

vessel a halibut that has been mutilated, or

otherwise disfigured in any manner that

prevents the determination of whether the

halibut complies with the size limits

specified in this section, except that:

(a) This paragraph shall not prohibit the

possession on board a vessel of halibut

cheeks cut from halibut caught by persons

authorized to process the halibut on board in

accordance with NMFS regulations

published at Title 50 Code of Federal

Regulations, part 679; and

(b) No person shall possess a filleted

halibut on board a vessel.

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

or tendering, halibut caught in Area 2A shall

possess any halibut that has had its head

removed.

13. Careful Release of Halibut

All halibut that are caught and are not

retained shall be immediately released and

returned to the sea with a minimum of injury

by

(a) Hook straightening outboard of the

roller;

(b) Cutting the gangion near the hook; or

(c) Carefully removing the hook by twisting

it from the halibut with a gaff.

14. Vessel Clearance in Area 4

(1) The operator of any vessel that fishes

for halibut in Areas 4A, 4B, 4C, or 4D must

obtain a vessel clearance before fishing in

any of these areas, and before the unloading

of any halibut caught in any of these areas,

unless specifically exempted in paragraphs

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

(2) The vessel clearance required under

paragraph (1) prior to fishing in Area 4A may

be obtained only at Dutch Harbor or Akutan,

Alaska, from an authorized officer of the

United States, a representative of the

Commission, or a designated fish processor.

(3) The vessel clearance required under

paragraph (1) prior to fishing in Area 4B may

only be obtained at Nazan Bay on Atka

Island, Alaska, from an authorized officer of

the United States, a representative of the

Commission, or a designated fish processor.

(4) The vessel clearance required under

paragraph (1) prior to fishing in Area 4C or

4D may be obtained only at St Paul or St.

George, Alaska, from an authorized officer of

the United States, a representative of the

Commission, or a designated fish processor

by VHF radio and allowing the person

contacted to confirm visually the identity of

the vessel.

(5) The vessel operator shall specify the

specific regulatory area in which fishing will

take place.

(6) Before unloading any halibut caught in

Area 4A, a vessel operator may obtain the

clearance required under paragraph (1) only

in Dutch Harbor or Akutan, Alaska, by

contacting an authorized officer of the United

States, a representative of the Commission, or

a designated fish processor.

(7) Before unloading any halibut caught in

Area 4B, a vessel operator may obtain the

clearance required under paragraph (1) only

in Nazan Bay on Atka Island, either in person

or by contacting an authorized officer of the

United States, a representative of the

Commission, or a designated fish processor

by VHF radio and allowing the person

contacted to confirm visually the identity of

the vessel.

(8) Before unloading any halibut caught in

Area 4C or 4D, a vessel operator may obtain

the clearance required under paragraph (1)

only in St. Paul, St. George, Dutch Harbor, or

Akutan, Alaska, either in person or by

contacting an authorized officer of the United

States, a representative of the Commission, or

a designated fish processor. The clearances

obtained in St. Paul or St. George, Alaska,

can be obtained by VHF radio and allowing

the person contacted to confirm visually the

identity of the vessel.

(9) Any vessel operator who complies with

the requirements in Section 17 for possessing

halibut on board a vessel that was caught in

more than one regulatory area in Area 4 is

exempt from the clearance requirements of

paragraph (1) of this section, but must

comply with the following requirements:

(a) The operator of the vessel must obtain

a vessel clearance prior to fishing in Area 4

in either Dutch Harbor, Akutan, St. Paul, St.

George, or Nazan Bay on Atka Island by

contacting an authorized officer of the United

States, a representative of the Commission, or

a designated fish processor. The clearance

obtained in St. Paul, St. George, or Nazan Bay

on Atka can be obtained by VHF radio and

allowing the person contacted to confirm

visually the identity of the vessel. This

clearance will list the Areas in which the

vessel will fish; and

(b) Before unloading any halibut from Area

4, the vessel operator must obtain a vessel

clearance from Dutch Harbor, Akutan, St.

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

by contacting an authorized officer of the

United States, a representative of the

Commission, or a designated fish processor.

The clearance obtained in St. Paul, St.

George, or Nazan Bay on Atka Island can be

obtained by VHF radio and allowing the

person contacted to confirm visually the

identity of the vessel.

(10) Vessel clearances shall be obtained

between 0600 and 1800 hours, local time.

(11) No halibut shall be on board the vessel

at the time of the clearances required prior

to fishing in Area 4.

(12) Any vessel that is used to fish for

halibut only in Area 4A and lands its total

annual halibut catch at a port within Area 4A

is exempt from the clearance requirements of

paragraph (1).

(13) Any vessel that is used to fish for

halibut only in Area 4B and lands its total

annual halibut catch at a port within Area 4B

is exempt from the clearance requirements of

paragraph (1).

(14) Any vessel that is used to fish for

halibut only in Area 4C and lands its total

annual halibut catch at a port within Area 4C

is exempt from the clearance requirements of

paragraph (1).

(15) Any vessel that is used to fish for

halibut only in Areas 4D and 4E and lands

its total annual halibut catch at a port within

Areas 4D, 4E, or the closed area defined in

section 9, is exempt from the clearance

requirements of paragraph (1).

15. Logs

(1) The operator of any vessel that has an

overall length of 26 feet (7.9 meters) or

greater shall keep an accurate log of all

halibut fishing operations including the date,

locality, amount of gear used, and total

weight of halibut taken daily in each locality.

The log can be recorded in the groundfish

daily fishing logbooks provided by NMFS.

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

shall be:

(a) Maintained on board the vessel;

(b) Updated not later than 24 hours after

midnight local time for each day fished and

prior to the offloading or sale of halibut taken

during that fishing period;

(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 for five (5) days following

offloading halibut.

(3) The poundage of any halibut that is not

sold, but is utilized by the vessel operator,
12764 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

his/her crew members, or any other person

for personal use, shall be recorded in the

vessel’s log within 24-hours of offloading.

(4) No person shall make a false entry in

a log referred to in this section.

16. Receipt and Possession of Halibut

(1) No person shall receive halibut from a

United States vessel that does not have on

board the license required by section 3.

(2) No person shall offload halibut from a

vessel unless the gills and entrails have been

removed prior to offloading.

(3) A commercial fish processor who

purchases or receives halibut directly from

the owner or operator of a vessel that was

engaged in halibut fishing must weigh and

record all halibut on board said vessel at the

time offloading commences and record on

State fish tickets or Federal catch reports the

date, locality, name of vessel, Halibut

Commission license number (United States),

the name(s) of the person(s) from whom the

halibut was purchased; and the scale weight

obtained at the time of offloading of all

halibut on board the vessel including the

pounds purchased; pounds in excess of IFQs,

IVQs, or fishing period limits; pounds

retained for personal use; and pounds

discarded as unfit for human consumption.

(4) No person shall make a false entry on

a State fish ticket or a Federal catch or

landing report referred to in paragraph (3).

(5) A copy of the fish tickets or catch

reports referred to in paragraph (3) 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.

(6) No person shall possess any halibut that

he/she knows to have been taken in

contravention of these Regulations.

(7) When halibut are delivered to other

than a commercial fish processor the records

required by paragraph (3) shall be maintained

by the operator of the vessel from which that

halibut was caught, in compliance with

paragraph (5).

(8) It shall be unlawful to enter a Halibut

Commission license number on a State fish

ticket for any vessel other than the vessel

actually used in catching the halibut reported

thereon.

17. Fishing Multiple Regulatory Areas

(1) Except as provided in this section, no

person shall possess at the same time on

board a vessel halibut caught in more than

one regulatory area.

(2) Halibut caught in Regulatory Areas 2C,

3A, and 3B may be possessed on board a

vessel at the same time providing the

operator of the vessel:

(a) Has a NMFS-certified observer on board

when required by NMFS regulations

published at Title 50 Code of Federal

Regulations, section 679.7(f)(4); and

(b) Can identify the regulatory area in

which each halibut on board was caught by

separating halibut from different areas in the

hold, tagging halibut, or by other means.

(3) Halibut caught in Regulatory Areas 4A,

4B, 4C, and 4D may be possessed on board

a vessel at the same time providing the

operator of the vessel:

(a) Has a NMFS-certified observer on board

the vessel when halibut caught in different

regulatory areas are on board; and

(b) Can identify the regulatory area in

which each halibut on board was caught by

separating halibut from different areas in the

hold, tagging halibut, or by other means.

(4) Halibut caught in Regulatory Areas 4A,

4B, 4C, and 4D may be possessed on board

a vessel when in compliance with paragraph

(3) and if halibut from Area 4 are on board

the vessel, the vessel can have halibut caught

in Regulatory Areas 2C, 3A, and 3B on board

if in compliance with paragraph (2).

18. Fishing Gear

(1) No person shall fish for halibut using

any gear other than hook and line gear.

(2) No person shall possess halibut taken

with any gear other than hook and line gear.

(3) No person shall possess halibut while

on board a vessel carrying any trawl nets or

fishing pots capable of catching halibut.

(4) All setline or skate marker buoys

carried on board or used by any United States

vessel used for halibut fishing shall be

marked with one of the following:

(a) The vessel’s name;

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

(c) 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 from which

setline gear was used to fish for any species

of fish anywhere in Area 2A during the 72-

hour period immediately before the opening

of a halibut fishing period shall catch or

possess halibut anywhere in those waters

during that halibut fishing period.

(8) No vessel from which setline gear was

used to fish for any species of fish anywhere

in Area 2A during the 72-hour period

immediately before the opening of a halibut

fishing period may be used to catch or

possess halibut anywhere in those waters

during that halibut fishing period.

(9) No person on board a vessel from which

setline gear was used to fish for any species

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

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

immediately before the opening of the

halibut fishing season shall catch or possess

halibut anywhere in those areas until the

vessel has removed all of its setline gear from

the water and has either:

(a) Made a landing and completely

offloaded its entire catch of other fish; or

(b) Submitted to a hold inspection by an

authorized officer.

(10) No vessel from which setline gear was

used to fish for any species of fish anywhere

in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or

4E during the 72-hour period immediately

before the opening of the halibut fishing

season may be used to catch or possess

halibut anywhere in those areas until the

vessel has removed all of its setline gear from

the water and has either:

(a) Made a landing and completely

offloaded its entire catch of other fish; or

(b) Submitted to a hold inspection by an

authorized officer.

19. Retention of Tagged Halibut

(1) Nothing contained in these Regulations

prohibits any vessel at any time from

retaining and landing a halibut that bears a

Commission tag at the time of capture, if the

halibut with the tag still attached is reported

at the time of landing and made available for

examination by a representative of the

Commission or by an authorized officer.

(2) After examination and removal of the

tag by a representative of the Commission or

an authorized officer, the halibut.

(a) May be retained for personal use; or

(b) May be sold if it complies with the

provisions of section 12, Size Limits.

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. 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 is

governed by these regulations and 50 CFR

300.64.

(2) Subarea 2A–1 includes all waters off

the coast of Washington that are north of

46°53′18′′ N. lat. and east of 125°44′00′′ W.

long., and all inland marine waters of

Washington.

(3) Commercial fishing for halibut by treaty

Indians is permitted only in subarea 2A–1

with hook-and-line gear from March 15

through November 15, or until 230,000

pounds (104.3 mt) is taken, whichever occurs

first.

(4) Ceremonial and subsistence fishing for

halibut by treaty Indians in subarea 2A–1 is

permitted with hook-and-line gear from

January 1 through December 31, and is

estimated to take 15,000 pounds (6.8 mt).

22. Sport Fishing for Halibut

(1) No person shall engage in sport fishing

for halibut using gear other than a single line

with no more than two hooks attached; or a

spear.

(2) In all waters off Alaska.

(a) The sport fishing season is from

February 1 to December 31;

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

size per day per person.

(3) In all waters off British Columbia.

(a) The sport fishing season is from

February 1 to December 31;

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

size per day per person.

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

Washington.

(a) The total allowable catch of halibut

shall be limited to 166,530 lb (75.5 mt) in

waters off Washington and 144,235 lb (65.4

mt) in waters off Oregon and California;
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12765

(b) The sport fishing subareas, subquotas,

fishing dates, and daily bag limits are as

follows, except as modified under the

inseason actions in Section 23. All sport

fishing in Area 2A (except for fish caught in

the North Washington coast area and landed

into Neah Bay) is managed on a ‘‘port of

landing’’ basis, whereby any halibut landed

into a port counts toward the quota for the

area in which that port is located, and the

regulations governing the area of landing

apply, regardless of the specific area of catch.

(i) In Puget Sound and the U.S. waters in

the Strait of Juan de Fuca, east of a line from

the lighthouse on Bonilla Point on Vancouver

Island, British Columbia (48°35′44′′ N. lat.,

124°43′00′′ W. long.) to the buoy adjacent to

Duntze Rock (48°24′55′′ N. lat., 124°44′50′′

W. long.) to Tatoosh Island lighthouse

(48°23′30′′ N. lat., 124°44′00′′ W. long.) to

Cape Flattery (48°22′55′′ N. lat., 124°43′42′′

W. long.), there is no quota. This area is

managed by setting a season that is projected

to result in a catch of 46,628 lb (21.2 mt).

(A) The fishing season is May 22 through

August 10, 5 days a week (Thursday through

Monday).

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

size per day per person.

(ii) In the area off the north Washington

coast, west of the line described in paragraph

(d)(2)(i) of this section and north of the

Queets River (47°31′42′′ N. lat.), the quota for

landings into ports in this area is 96,088 lb

(43.6 mt). Landings into Neah Bay of halibut

caught in this area will be governed by this

paragraph.

(A) The fishing seasons are:

(1) Commencing May 1 and continuing 5

days a week (Tuesday through Saturday)

until 81,088 lb (36.8 mt) are estimated to

have been taken and the season is closed by

the Commission, or until June 30, whichever

occurs first.

(2) Commencing July 1 and continuing 5

days a week (Tuesday through Saturday)

until the overall area quota of 96,088 lb (43.6

mt) are estimated to have been taken and the

area is closed by the Commission, or until

September 30, whichever occurs first.

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

size per day per person.

(C) A portion of this area about 19 nm (35

km) southwest of Cape Flattery is closed to

sport fishing for halibut. The closed area is

within a rectangle defined by these four

corners: 48°18′00′′ N. lat., 125°11′00′′ W.

long.; 48°18′00′′ N. lat., 124°59′00′′ W. long.;

48°04′00′′ N. lat., 125°11′00′′ W. long.; and,

48°04′00′′ N. lat., 124°59′00′′ W. long.

(iii) In the area between the Queets River,

WA and Leadbetter Point, WA (46°38′10′′ N.

lat.), the quota for landings into ports in this

area is 20,483 lb (9.3 mt).

(A) The fishing season commences on May

1 and continues every day until 19,483 lb

(8.8 mt) are estimated to have been taken and

the season is closed by the Commission.

Immediately following this closure, the

season reopens in the area from the Queets

River south to 47°00′00′′ N. lat. and east of

124°40′00′′ W. long. for 7 days per week until

20,483 lb (9.3 mt) are estimated to have been

taken and the area is closed by the

Commission, or until September 30,

whichever occurs first.

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

size per day per person.

(C) The northern offshore portion of this

area west of 124°40′00′′ W. long. and north

of 47°10′00′′ N. lat. is closed to sport fishing

for halibut.

(iv) In the area between Leadbetter Point,

WA and Cape Falcon, OR (45°46′00′′ N. lat.),

the quota for landings into ports in this area

is 6,215 lb (2.8 mt).

(A) The fishing season commences on May

1, and continues every day through

September 30, or until 6,215 lb (2.8 mt) are

estimated to have been taken and the area is

closed by the Commission, whichever occurs

first.

(B) The daily bag limit is one halibut with

a minimum overall size limit of 32 inches

(81.3 cm).

(v) In the area off Oregon between Cape

Falcon and the Siuslaw River at the Florence

north jetty (44°01′08′′ N. lat.), the quota for

landings into ports in this area is 127,504 lb

(57.8 mt).

(A) The fishing seasons are:

(1) The first season is open on May 8, 9,

10, 15, 16, 17, 23 and 24. The projected catch

for this season is 86,703 lb (39.3 mt). If

sufficient unharvested catch remains for an

additional days fishing, the season will

reopen. Dependent on the amount of

unharvested catch available, the season

reopening dates will be June 7, then June 6,

then June 14, and then June 13. If a decision

is made inseason by NMFS to allow fishing

on one or more of these additional dates,

notice of the opening will be announced on

the NMFS hotline (206) 526–6667 or (800)

662–9825. No halibut fishing will be allowed

on the additional dates unless the opening

date has been announced on the NMFS

hotline.

(2) The second season commences May 25

and continues every day through July 31, in

the area inside the 30-fathom (55 m) curve

nearest to the coastline as plotted on National

Ocean Service charts numbered 18520,

18580, and 18600, or until 8,925 lb (4.1 mt)

or the subarea quota is estimated to have

been taken (except that any poundage

remaining unharvested after the earlier

season will be added to this season) and the

season is closed by the Commission,

whichever is earlier; and

(3) The third season is open on August 1,

2, and 9 or until the combined quotas for the

subareas described in paragraphs (v) and (vi)

of this section totaling 137,600 lb (62.4 mt)

are estimated to have been taken and the area

is closed by the Commission, whichever is

earlier. If the harvest during these openings

does not achieve the 137,600 lb (62.4 mt)

quota, and sufficient unharvested quota

remains for additional days fishing, the

season will reopen. Dependent on the

amount of unharvested catch available, the

season reopening dates will be August 23,

then August 22, then August 30, and then

August 29. If a decision is made inseason by

NMFS to allow fishing on one or more of

these additional dates, notice of the opening

will be announced on the NMFS hotline

(206) 526–6667 or (800) 662–9825. No

halibut fishing will be allowed on the

additional dates unless the opening date has

been announced on the NMFS hotline.

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

with a minimum overall size limit of 32

inches (81.3 cm) and the second with a

minimum overall size limit of 50 inches

(127.0 cm).

(vi) In the area off Oregon between the

Siuslaw River at the Florence north jetty and

the California border (42°0′00′′ N. lat.), the

quota for landings into ports in this area is

10,096 lb (4.6 mt).

(A) The fishing seasons are:

(1) The first season opens May 8 and

continues 3 days a week (Thursday through

Saturday) until 8,077 lb (3.7 mt) are

estimated to have been taken and the season

is closed by the Commission;

(2) The second season opens the day

following the closure of the season in

paragraph (vi)(A)(1) of this section, and

continuing every day through July 31, in the

area inside the 30-fathom (55 m) curve

nearest to the coastline as plotted on National

Ocean Service charts numbered 18520,

18580, and 18600, or until a total of 2,019 lb

(0.9 mt) or the area quota is estimated to have

been taken (except that any poundage

remaining unharvested after the earlier

season will be added to this season) and the

season is closed by the Commission,

whichever is earlier; and

(3) The third season is open on August 1,

2, and 9 or until the combined quotas for the

subareas described in paragraphs (v) and (vi)

of this section totaling 137,600 lb (62.4 mt)

are estimated to have been taken and the area

is closed by the Commission, whichever is

earlier. If the harvest during these openings

does not achieve the 137,600 lb (62.4 mt)

quota, and sufficient unharvested quota

remains for additional days fishing, the

season will reopen. Dependent on the

amount of unharvested catch available, the

season reopening dates will be August 23,

then August 22, then August 30, and then

August 29. If a decision is made inseason by

NMFS to allow fishing on one or more of

these additional dates, notice of the opening

will be announced on the NMFS hotline

(206) 526–6667 or (800) 662–9825. No

halibut fishing will be allowed on the

additional dates unless the opening date has

been announced on the NMFS hotline.

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

with a minimum overall size limit of 32

inches (81.3 cm) and the second with a

minimum overall size limit of 50 inches

(127.0 cm).

(vii) In the area off the California coast,

there is no quota. This area is managed on

a season that is projected to result in a catch

of less than 3,750 lb (1.7 mt).

(A) The fishing season will commence on

May 1, and continue every day through

September 30.

(B) The daily bag limit is one halibut with

a minimum overall size limit of 32 inches

(81.3 cm).

(C) The Commission shall determine and

announce closing dates to the public for any

area in which the subquotas in this Section

are estimated to have been taken.

(D) When the Commission has determined

that a subquota under paragraph (4)(b) 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
12766 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

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.

(5) 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.

(6) 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.

(7) The possession limit for halibut in the

waters off the coast of Alaska is two daily bag

limits.

(8) The possession limit for halibut in the

waters off the coast of British Columbia is

three halibut.

(9) The possession limit for halibut in the

waters off Washington, Oregon, and

California is the same as the daily bag limit.

(10) The possession limit for halibut on

land in Area 2A north of Cape Falcon, OR is

two daily bag limits.

(11) The possession limit for halibut on

land in Area 2A south of Cape Falcon, OR

is one daily bag limit.

(12) 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.

(13) No person shall be in possession of

halibut on a vessel while fishing in a closed

area.

(14) No halibut caught by sport fishing

shall be offered for sale, sold, traded, or

bartered.

(15) No halibut caught in sport fishing

shall be possessed on board a vessel when

other fish or shellfish aboard the said vessel

are destined for commercial use, sale, trade,

or barter.

(16) The operator of a charter vessel shall

be liable for any violations of these

regulations committed by a passenger aboard

said vessel.

23. Flexible Inseason Management Provisions

in Area 2A

(1) The Regional Director, NMFS

Northwest Region, after consultation with the

Chairman of the Pacific Fishery Management

Council, the Commission Executive Director,

and the Fisheries Director(s) of the affected

state(s), is authorized to modify regulations

during the season after determining that such

action:

(A) Is necessary to allow allocation

objectives to be met; and

(B) Will not result in exceeding the catch

limit established preseason for each area.

(2) Flexible inseason management

provisions include, but are not limited to, the

following:

(A) Modification of sport fishing periods;

(B) Modification of sport fishing bag limits;

(C) Modification of sport fishing size

limits; and

(D) Modification of sport fishing days per

calendar week.

(3) Notice procedures.

(A) Actions taken under this section will

be published in the Federal Register.

(B) Actual notice of inseason management

actions will be provided by a telephone

hotline administered by the Northwest

Region, NMFS, at 206–526–6667 or 800–662–

9825 (May through September) and by U.S.

Coast Guard broadcasts. These broadcasts are

announced on Channel 16 VHF-FM and 2182

kHz at frequent intervals. The

announcements designate the channel or

frequency over which the notice to mariners

will be immediately broadcast. Since

provisions of these regulations may be

altered by inseason actions, sport fishers

should monitor either the telephone hotline

or U.S. Coast Guard broadcasts for current

information for the area in which they are

fishing.

(4) Effective dates.

(A) Any action issued under this section is

effective on the date specified in the

publication or at the time that the action is

filed for public inspection with the Office of

the Federal Register, whichever is later.

(B) If time allows, NMFS will invite public

comment prior to the effective date of any

inseason action filed with the Federal

Register. If the Regional Director determines,

for good cause, that an inseason action must

be filed without affording a prior opportunity

for public comment, public comments will be

received for a period of 15 days after the

action in the Federal Register.

(C) Any inseason action issued under this

section will remain in effect until the stated

expiration date or until rescinded, modified,

or superseded. However, no inseason action

has any effect beyond the end of the calendar

year in which it is issued.

(5) Availability of data. The Regional

Director will compile, in aggregate form, all

data and other information relevant to the

action being taken and will make them

available for public review during normal

office hours at the Northwest Regional Office,

NMFS, Fisheries Management Division, 7600

Sand Point Way NE, Seattle, WA.

24. Fishery Election in Area 2A

(1) A vessel that fishes in Area 2A may

participate in only one of the following three

fisheries in Area 2A:

(a) The recreational fishery under Section

22;

(b) The commercial directed fishery for

halibut during the fishing period(s)

established in Section 7; or

(c) The incidental catch fishery during the

salmon troll fishery as authorized in Section

7.

(2) No person shall fish for halibut in the

recreational fishery in Area 2A under Section

22 from a vessel that has been used during

the same calendar year for commercial

halibut fishing in Area 2A or that has been

issued a permit for the same calendar year for

the commercial halibut fishery in Area 2A.

(3) No person shall fish for halibut in the

directed halibut fishery in Area 2A during

the fishing periods established in Section 7

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 7.

(4) No person shall fish for halibut in the

directed commercial halibut fishery in Area

2A from a vessel that, during the same

calendar year, has been used in the

recreational halibut fishery in Area 2A or that

is licensed for the recreational halibut fishery

in Area 2A.

(5) No person shall retain halibut in the

salmon troll fishery in Area 2A as authorized

under Section 7 taken on a vessel that, during

the same calendar year, has been used in the

recreational halibut fishery in Area 2A, or

that is licensed for the recreational halibut

fishery in Area 2A.

(6) No person shall retain halibut in the

salmon troll fishery in Area 2A as authorized

under Section 7 taken on a vessel that, during

the same calendar year, has been used in the

directed commercial fishery during the

fishing periods established in Section 7 for

Area 2A or that is licensed to participate in

the directed commercial fishery during the

fishing periods established in Section 7 in

Area 2A.

25. Previous Regulations Superseded

These regulations shall supersede all

previous regulations of the Commission, and

these regulations shall be effective each

succeeding year until superseded.

Classification

IPHC Regulations

Because approval by the Secretary of

State of the IPHC regulations is a foreign

affairs function, Jensen v. National

Marine Fisheries Service, 512 F.2d 1189

(9th Cir. 1975), 5 U.S.C. 553 of the

Administrative Procedure Act (APA)

does not apply to this notice of the

effectiveness and content of the IPHC

regulations. Because notice of proposed

rulemaking is not required, the

preparation of a regulatory flexibility

analysis is not required. Because prior

notice and an opportunity for public

comment are not required to be

provided for 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.

Plan for Area 2A

The revisions to the Plan and

implementing regulations are not

significant and fall within the scope of

the 1995 Environmental Assessment/

Regulatory Impact Review prepared by

the PFMC for the long term Plan. The

Assistant General Counsel for

Legislation and Regulation has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

action will not have a significant

economic impact on a substantial

number of small entities. As a result,

regulatory flexibility analysis was not

prepared. This action has been

determined to be not significant for

purposes of E.O. 12866.

Authority: 16 U.S.C. 773–773k.
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12767

Dated: March 12, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–6755 Filed 3–13–97; 3:16 pm]

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