Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14651

where the operator can be reached at all

times.

* * * * *

6. Section 195.442 is added to subpart

F to read as follows:

§ 195.442 Damage prevention program.

(a) After September 20, 1995, and

except for pipelines listed in paragraph

(c) of this section, each operator of a

buried pipeline shall carry out in

accordance with this section a written

program to prevent damage to that

pipeline by excavation activities. For

the purpose of this section, ‘‘excavation

activities’’ include excavation, blasting,

boring, tunneling, backfilling, the

removal of above ground structures by

either explosive or mechanical means,

and other earth moving operations. An

operator may comply with any of the

requirements of paragraph (b) of this

section through participation in a public

service program, such as a one-call

system, but such participation does not

relieve the operator of responsibility for

compliance with this section.

(b) The damage prevention program

required by paragraph (a) of this section

must, at a minimum:

(1) Include the identity, on a current

basis, of persons who normally engage

in excavation activities in the area in

which the pipeline is located.

(2) Provide for notification of the

public in the vicinity of the pipeline

and actual notification of the persons

identified in paragraph (b)(1) of this

section of the following, as often as

needed to make them aware of the

damage prevention program:

(i) The program’s existence and

purpose; and

(ii) How to learn the location of

underground pipelines before

excavation activities are begun.

(3) Provide a means of receiving and

recording notification of planned

excavation activities.

(4) If the operator has buried pipelines

in the area of excavation activity,

provide for actual notification of

persons who give notice of their intent

to excavate of the type of temporary

marking to be provided and how to

identify the markings.

(5) Provide for temporary marking of

buried pipelines in the area of

excavation activity before, as far as

practical, the activity begins.

(6) Provide as follows for inspection

of pipelines that an operator has reason

to believe could be damaged by

excavation activities:

(i) The inspection must be done as

frequently as necessary during and after

the activities to verify the integrity of

the pipeline; and

(ii) In the case of blasting, any

inspection must include leakage

surveys.

(c) A damage prevention program

under this section is not required for the

following pipelines:

(1) Pipelines located offshore.

(2) Pipelines to which access is

physically controlled by the operator.

Issued in Washington, DC on February 17,

1995.

Ana Sol Gutie ́rrez,

Deputy Administrator, Research and Special

Programs Administration.

[FR Doc. 95–6723 Filed 3–17–95; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 950106003–5070–02; I.D.

121994A]

RIN 0648–AH01

Pacific Halibut Fisheries; Catch

Sharing Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule and approval of catch

sharing plan.

SUMMARY: NMFS, on behalf of the

International Pacific Halibut

Commission (IPHC), publishes

regulations governing the Pacific halibut

fishery implemented by the IPHC and

approved by the Secretary of State.

NMFS also approves catch limits for

Areas 2A and 2C, approves regulations

implementing a catch sharing plan for

Area 2A, and repeals three regulations

for Area 4. This final rule is intended to

enhance the conservation of the Pacific

halibut stock and to rebuild and sustain

it in the northern Pacific Ocean and

Bering Sea.

EFFECTIVE DATE: March 15, 1995.

ADDRESSES: NMFS Alaska Regional

Office, 709 W 9th Street, P.O. Box

21668, Juneau, AK 99802–1668,

telephone: 907–586–7228; NMFS

Northwest Regional Office, Bldg. 1, 7600

Sand Point Way NE., Seattle, WA

98115–0070, telephone: 206–586–6140.

FOR FURTHER INFORMATION CONTACT:

Aven Andersen, 907–586–7228, or Joe

Scordino, 206–526–6140.

SUPPLEMENTARY INFORMATION: The IPHC,

under the Convention between the

United States and Canada for the

Preservation of the Halibut Fishery of

the Northern 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), has implemented new

regulations governing the Pacific halibut

fishery in 1995. The Secretary of State

of the United States has accepted the

IPHC regulations under section 4 of the

Northern Pacific Halibut Act (Halibut

Act, 16 U.S.C. 773–773k). However, the

IPHC did not adopt 1995 catch limits for

any portion of Area 2. Therefore, the

United States is adopting catch limits

for Areas 2A and 2C, which are

implemented under domestic rule as

described herein.

On behalf of the IPHC, the approved

IPHC regulations 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 23–

26, 1995, in Victoria, British Columbia,

and adopted regulations for 1995. The

substantive changes to the previous

IPHC regulations (59 FR 22522, May 2,

1994) include: (1) New catch limits for

all areas except Areas 2A and 2C; (2) a

commercial fishing season opening on

March 15 and closing November 15 for

all areas except 2A, which has specific

1-day openings; (3) repeal of a

prohibition on automated hook

strippers; (4) elimination of Area 4D–N;

(5) a requirement that halibut be dressed

before offloading; and (6) revisions to

the Area 4 clearance requirements. In

addition, because the non Indian

directed commercial fishery in Area 2A

is likely to exceed the subquota for this

fishery during the first 10-hour opening,

the IPHC announced that it would

impose vessel trip limits. However,

because it was unknown at the time of

the meeting how many vessels might

participate in the Area 2A fishery, the

IPHC staff will determine and announce

the vessel trip limits necessary to avoid

exceeding the subquota prior to the July

5 opening, when better information will

be available on the number of vessels

that may participate in the fishery.

The U.S. and Canadian

Commissioners were unable to agree

upon new catch limits for Area 2, which

includes all waters off Canada (Area

2B), waters off southeast Alaska (Area

2C), and waters off Washington, Oregon,

and California (Area 2A). However, the

U.S. and Canadian Commissioners

expressed a joint commitment to adopt

domestic catch limits for their

respective portions of Area 2 to ensure

conservation of the halibut stock.

Without domestic action, the Area 2
14652 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

catch limits for the 1994 halibut

fisheries would remain in effect for

1995. The 1994 catch limits for Areas 2C

and 2A of 11,000,000 lb (4,990 mt) and

550,000 lb (249.5 mt), respectively, are

higher than the catch limits

recommended by the U.S.

Commissioners for 1995. The lower

catch limits were recommended by the

U.S. Commissioners based on recent

stock assessments, because of a

continuing decline in the abundance of

halibut, and the need to reduce catch

limits to conserve the stock. Based on

this recommendation and the findings

in the February 1995 Environmental

Assessment (EA) prepared on these

catch limits, the NOAA Assistant

Administrator for Fisheries (AA)

approves the catch limits of 520,000 lb

(235.9 mt) in Area 2A and 9,000,000 lb

(4,082 mt) in Area 2C recommended by

the U.S. Commissioners at the IPHC

meeting. Canada is expected to adopt a

9,520,000 lb (4,318 mt) total allowable

catch (TAC) level for Area 2B as

recommended by the Canadian

Commissioners. Copies of the EA are

available from NMFS (see ADDRESSES).

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

Convention, 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 councils 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.

Regulations developed by the councils

may be implemented only with the

Secretary’s approval. Under this

authority, NOAA requested the Pacific

and North Pacific Fishery Management

Councils to allocate halibut catches

should allocation be necessary.

Repeal of Unnecessary Regulations

NMFS repeals three regulations that

were necessary during the past open

access fishery in waters off Alaska, but

that have been made unnecessary by

provisions of the individual fishing

quota (IFQ) program (50 CFR part 676)

that will govern the fishery for the first

time this year. The North Pacific Fishery

Management Council (NPFMC)

recommended the repeal of these

regulations at its December 1994

meeting. NMFS issues this final rule

repealing them before the start of the

1995 Alaska commercial halibut fishery.

Regulations implementing the IFQ

program were published on November

9, 1993 (58 FR 59375). They since have

been amended at 59 FR 28281, June 1,

1994; 59 FR 43502, August 24, 1994

(corrected at 59 FR 51874, October 13,

1994); and 59 FR 51135, October 7,

1994.

First, NMFS repeals § 301.7(f), a

regulation that (1) closes Area 4B to

commercial halibut fishing when the

commercial harvest amounts to 315,000

lb (143 mt), and (2) withholds the

remainder of that area’s harvest limit

until the fishery reopens on August 15.

NMFS, at the recommendation of the

NPFMC, implemented these provisions

to provide summer fishing opportunities

for operators of small vessels that catch

and land all their halibut in Area 4B,

which, in an open-access fishery, are at

a competitive disadvantage with the

operators of larger vessels that catch and

land halibut in other areas as well as in

Area 4B (59 FR 27241, May 26, 1994).

Second, NMFS removes § 301.10(g),

which (1) divides Area 4E into a

southeast part and a northwest part, (2)

provides for a test fishery in the

southeast part, (3) closes the southeast

part when 30 percent of the total Area

4E quota has been harvested from the

southeast part, and (4) transfers 50

percent of the amount of the quota

remaining in the northwest part, as of

August 1, to the quota of the southeast

part. NMFS, on the recommendation of

the NPFMC, implemented this provision

in 1991 to ensure that, in the open

access fishery, the small-boat fisheries

of Nelson Island and Nunivak Island

would have an opportunity for an

equitable share of the harvest in Area 4E

(56 FR 19617, April 29, 1991).

Third, NMFS removes three

paragraphs of § 301.11 regarding trip

harvest limits. Section 301.11(g) limits

all vessels fishing in Area 4B to a

maximum catch of 10,000 lb (4.5 mt) per

fishing period from June 6 through

August 14; § 301.11(h) limits all vessels

fishing in Area 4C to a maximum catch

of 10,000 lb (4.5 mt) of halibut per

fishing period; and § 301.11(j) limits all

vessels fishing in Area 4E to a maximum

catch of 6,000 lb (2.7 mt) of halibut per

fishing period. NMFS, on the

recommendation of the NPFMC,

implemented these provisions to (1)

enhance fishing opportunities for

operators of vessels that land their total

annual catch within Area 4B (59 FR

22522, May 2, 1994); (2) enhance the

economic development of the Pribilof

Islands (55 FR 23085, June 6, 1990), and

(3) increase the competitive advantage

of the small vessels that catch and land

their halibut exclusively in Area 4B (59

FR 27241, May 26, 1994).

The IFQ program provides each

permitted fisher with an individual

share of the harvest limit for a fishing

area, which the fisher may harvest

anytime during the fishing season that

he or she deems to be the safest and

most economical. Thus, the IFQ

program eliminates the need for

regulations, such as harvest limits per

fishing period, intended to equalize the

competitive abilities of fishers. In

addition, community development

quota (CDQ) allocations under the IFQ

program will provide special economic

benefits to resident fishers in Area 4.

Hence, these regulations would impose

an economic hardship on some fishers

under the IFQ program. For example, a

fisher with an IFQ or CDQ allocation

amounting to 17,637 lb (8 mt) for Area

4B would be unable to harvest his or her

entire allocation if the existing

regulations are not removed. Thus, the

regulation is unnecessary, because it has

been superseded by provisions of the

IFQ program, and it would be

burdensome on fishers if it were not

removed. The same reasoning applies to

the other paragraphs removed by this

final rule.

NMFS has prepared a regulatory

impact review (RIR) for this action. It

concludes that the action would have no

significant economic or social impacts,

is not a significant regulatory action as

defined by E.O. 12866, requires no new

reporting requirements, would not

increase administrative or enforcement

costs, and would not substantially alter

the current management process. A

copy of the RIR may be obtained from

the NMFS Alaska Regional Office (see

ADDRESSES).

Catch Sharing Plan

The PFMC has prepared catch sharing

plans since 1988 to allocate the TAC of

Pacific halibut among treaty Indian,

non-Indian commercial, and non-Indian

sport fisheries in Area 2A off

Washington, Oregon, and California. For

1995 and beyond, the PFMC

recommended revisions only to the

allocations within the non-Indian

fisheries, leaving the treaty Indian share

of 35 percent of the Area 2A TAC the

same as for 1994. The PFMC’s

recommended Catch Sharing Plan for

1995 and Beyond (Plan) divides the

non-Indian harvest into three shares

with the sport fishery north of the

Columbia River receiving 36.6 percent,

the sport fishery south of the Columbia

River receiving 31.7 percent, and the

commercial fishery receiving 31.7

percent. The recommended Plan also

contains a number of management
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14653

measures including restricting the nonIndian commercial fishery to the area

south of Subarea 2A–1 (south of the

treaty Indian tribes’ usual and

accustomed fishing area). A complete

description of the proposed Plan,

background information on

development and rationale for the Plan,

and the proposed regulations necessary

to implement the Plan were published

in the Federal Register on January 12,

1995 (60 FR 2925) with a request for

public comments. This action responds

to public comments on the proposed

Plan and proposed implementing

regulations and announces approval of

the final Plan, and final implementing

regulations. Comments and Responses

on the Proposed Plan and the Proposed

Rule.

NMFS received six letters from the

public with comments on the proposed

Plan and one letter with comments on

the proposed sport regulations. One

letter from the Oregon Department of

Fish and Wildlife (ODFW) expressed

support for the Plan and five letters

from commercial fishery interests were

opposed. The one letter with comments

on the proposed sport regulations was

from Washington Department of Fish

and Wildlife (WDFW) and was based on

input the State received from sport

fishing representatives at a public

workshop on the Pacific halibut sport

fishery on February 3, 1995. The

comments are summarized below with

responses.

Comment 1: ODFW supports approval

of the Plan, because it provides a better

balance between resource harvest and

resource distribution. Available

scientific information indicates that

most (as high as 70 percent) of the

halibut in Area 2A are found south of

subarea 2A–1; however, for many years,

the harvests south of subarea 2A–1 have

averaged 30 to 35 percent of the TAC

but those harvest do not reflect the

abundance and distribution of halibut

available to Oregon and California

fishers.

Response: The Plan increases the

allocation to sport fisheries off Oregon

and California by about 8 percent over

1994 (from about 12.7 percent of the

Area 2A TAC in 1994 to 20.6 percent in

1995). The Plan also closes the nonIndian directed commercial fishery

north of subarea 2A–1. The PFMC

recommended this shift in harvests to

the south to provide a broader

distribution of harvests in Area 2A that

is more consistent with the distribution

of halibut biomass in Area 2A.

Comment 2: The reallocation from

commercial to sport fishery would

unreasonably and unfairly terminate a

106-year-old commercial longline

fishery north of Willapa Bay.

Response: The Plan does reduce the

allocation to the commercial fishery

from 50 percent of the non-Indian

allocation to 31.7 percent and does shift

the location of the directed (traditional)

commercial halibut fishery south of

Willapa Bay. Participation in the Area

2A halibut fishery by non-Indian

commercial and sport users has

increased and the potential harvests by

both groups have had to be severely

restricted in recent years to prevent

quota overages. The continued need to

reduce fishing effort and fishing

opportunity prompted the PFMC to

review the overall allocations to

determine what changes could be made

to preserve the viability of some of the

Area 2A halibut fisheries over the long

term. Because halibut quotas are

expected to be low and not sufficient to

fulfill the needs of all user groups for

the near future, the PFMC has placed a

high priority on maintaining viable

sport fisheries and the coastal

community businesses supported by

sport fisheries in developing its

allocation recommendations.

Comment 3: The basis for the PFMC’s

recommendation was an economic

analysis that was fundamentally flawed

with respect to treatment of economic

contributions of the commercial and

sport sectors of the fishery. That

analysis, an EA/RIR, includes data on

the numbers of commercial vessels in

the fishery, but does not include

comparable information on charterboats.

Response: Concerns about the

economic analysis were raised by the

Fishing Vessel Owners’ Association at

the PFMC’s Halibut Advisory Subpanel

meeting in July 1994 and at the PFMC’s

public meeting in October 1994, and the

author of the analysis did address the

concerns at these meetings. The EA/RIR

contained the best available information

on all sectors of the halibut fishery in

Area 2A including catches by

charterboats. Although the PFMC did

review and consider economic aspects

of the revised allocations, such

information was not the primary basis

for its recommendation. The PFMC

placed a high priority on maintaining

viable sport fisheries and the coastal

community businesses supported by

sport fisheries in developing the

allocation recommendations.

Comment 4: Small longline

commercial vessels will not be able to

safely and reasonably transit from Neah

Bay or Westport to the area open to

commercial fishing south of Willapa

Bay. Larger boats would have to absorb

the additional time and expense of

fishing in southern waters.

Response: NMFS acknowledges that

this action may reduce the number of

commercial vessels operating in this

fishery; however, with the need to

reduce fishing effort and shift harvests

into areas of halibut biomass, it is not

possible to accommodate the entire fleet

that would like to fish off the northern

Washington coast.

Comment 5: The PFMC failed to

analyze other reasonable alternatives

such as a system of individual fishing

quotas based on historical landings.

Response: Various alternatives and

options for allocation between and

within commercial and sport sectors

were considered, analyzed and

discussed by the PFMC over the course

of five public meetings from September

1993, when the PFMC decided to

consider all aspects of the halibut

allocation issue and to develop a multiyear plan for 1995 and beyond, through

adoption of a final Plan at the PFMC’s

October 1994 public meeting. At its

November 1993 public meeting, the

PFMC did discuss transferable

Individual Quotas (IQs) for the nonIndian commercial halibut fishery

including transfer of IQs to sport users

in 2A. As described in the EA/RIR, the

PFMC, in developing the IQ program for

fixed gear sablefish, initially included

Pacific halibut. However, as the PFMC

proceeded with the development of the

fixed-gear IQ program, it decided that its

limited resources would best be spent in

development of the IQ program for the

much larger sablefish fishery. The

halibut fishery was sufficiently different

not to be included with the sablefish

fishery. An IQ program was identified

for halibut allocations in 1995 and

beyond, and the PFMC advised the

commercial fishing industry to take the

lead in establishing a committee to

develop a proposal for PFMC

consideration.

Comment 6: The Halibut Act requires

that any limited entry scheme be

consistent with section 303(b)(6) of the

Magnuson Act.

Response: This action is not a limitedentry scheme. It does not place direct

limits on who can participate, rather it

reallocates among groups and shifts the

area of participation.

Comment 7: The Halibut Act requires

that any allocation be reasonably

calculated to promote conservation.

Response: The potential Pacific

halibut harvest in Area 2A by either the

non-Indian commercial fishery or the

sport fishery can easily exceed the nonIndian allocation, thereby exceeding the

overall Area 2A quota, which could

result in conservation problems for the

halibut resource in Area 2A. All of the
14654 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

quotas are calculated to promote

conservation.

Comment 8: The PFMC recommended

prohibiting double-dipping by

commercial vessels that also may fish in

the sport fishery, but did not address

multiple access by the charterboat

fishery.

Response: The Plan prohibits

commercial fishing for halibut from any

vessel that participates in the sport

fishery for halibut in Area 2A and vice

versa. This includes charter boats. The

PFMC is concerned that increased

numbers of charterboat vessels

operating in the sport fishery will also

participate in the commercial fishery in

Area 2A. The PFMC considers this

double-dipping into both commercial

and sport allocations as inconsistent

with its intent to provide separate

quotas and opportunity for each

harvesting sector to utilize its allocation.

Because the potential fishing effort and

harvests far exceed what the resource

can accommodate, the PFMC is trying to

allocate fairly among various groups.

Comment 9: There is no net economic

benefit, from either a national or local

perspective, demonstrated by the

reallocation.

Response: The analysis in the EA/RIR

indicates varying losses/gains on the

alternatives considered by the PFMC in

terms of net economic value, local

personal income, or state level income

with the principal result of the

allocations being distributional shifts.

As noted above, although the PFMC did

consider economic aspects of the

revised allocations, such information

was not the primary basis for its

recommendation. The PFMC concluded

that the best use for the limited halibut

resource in Area 2A was to stabilize the

recreational fishery while allowing

some commercial harvest.

Comment 10: The PFMC did not

follow a procedure that allowed for

public input.

Response: As described above, the

PFMC considered and discussed

allocation options over the course of

five public meetings, during which

descriptions and analyses of the options

were provided to the public and public

input was received both orally and in

writing.

Comment 11: The change in fishing

boundary will disrupt the collection of

data on the catch per unit-of-effort

needed to manage the halibut stock.

Response: Although catch and effort

data cannot be derived from non-Indian

commercial harvests in the closed area

in the future, the same data will

continue to be collected from the

commercial fisheries in the open area as

well as from tribal commercial fisheries

in the closed area.

Comment 12: The proposed

geographic redistribution of harvest is

not based on a conservation concern.

Response: NMFS agrees that the

harvest shift was not necessitated by a

conservation concern. See response to

Comment 1.

Comment 13: The PFMC did not

consider the findings of the Halibut

Advisory Subpanel (HAS), which had

nearly agreed on an option to allocate 40

percent of the TAC to commercial users

and 60 percent to sport users.

Response: The PFMC did not adopt

the recommendations of the HAS, but it

considered them before it made its

decision. The decision is fully

supported by the record.

Comment 14: Why did salmon trollers

receive 15 percent of the non-Indian

commercial allocation?

Response: In the mid-1980’s, quota

reductions and increased fishing effort

caused constraints on the commercial

fishery, reducing it from multi-day

seasons (35 days in 1985) that

overlapped the May chinook salmon

troll season to the current 1-day, 10-

hour openings that occur only in the

summer months. From about 1960 to the

mid-1980’s, salmon trollers caught

about 15 percent of the commercial

halibut fishery quota incidental to their

salmon troll fishery. With the reduced

seasons in recent years that occurred

outside the timeframe of the chinook

salmon fishery, the trollers lost their

fishing opportunity. The PFMC decided

that an allocation within the

commercial fishery was necessary to

provide trollers the opportunity to

retain halibut caught incidentally

during chinook salmon troll seasons.

Comment 15: WDFW recommends

that the sport fishing season in Puget

Sound open on May 25 and close on

July 29. This recommendation is based

on recent performance of the fishery

that indicates an average of 440 lb (0.2

mt) of halibut were caught on weekdays

and 1000 lb (0.5 mt) on weekend days.

With the area allocation of 34,653 lb

(15.7 mt) and closures on Tuesday and

Wednesday, these average catches

would allow 29 weekdays of fishing and

19 weekend days. The average catches

used in these calculations were

developed in consultation with IPHC.

Response: NMFS agrees with this

recommendation, and the sport fishing

season at § 301.21(d)(2)(i)(A) has been

modified accordingly.

Comment 16: WDFW recommends

that the sport fishing season in the north

Washington coast area open on May 2

and continue until the subarea quota is

taken. WDFW has estimated that the

subarea quota is insufficient to allow for

the May season and the second priority

season from July 1 through at least July

4 in accordance with the Plan.

Therefore, WDFW recommends that the

May season be allowed to continue,

possibly into early June, for 5 days per

week until the subarea quota is

estimated to have been taken.

Response: NMFS agrees with this

recommendation and the sport fishing

regulations for the north coast area at

§ 301.21(d)(2)(ii) have been modified

accordingly.

Comment 17: WDFW recommends

that the closed area in the north

Washington coast area be enlarged by 1

mile on each side of the proposed

closure area. In accordance with the

Plan, the State is recommending this

enlarged closure area to extend the

length of the fishing season by reducing

the numbers of larger fish caught. Data

from the 1994 fishery indicate that

larger fish were caught just outside the

closure area and an enlarged closure

would prevent this, thus allowing a

longer fishing season since the quotas

are based on pounds of halibut caught.

Response: NMFS agrees with this

recommendation and the sport fishing

closed area for the north coast area at

§ 301.21(d)(2)(ii) has been modified to

be an area 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.

The proposed Plan for 1995 and

beyond was approved by NMFS on

January 20, 1995, and the approval was

announced at the IPHC annual meeting

on January 23, 1995, so the IPHC could

implement applicable portions of the

Plan in its regulations. The only

modifications to the proposed Plan, as

recommended by the PFMC, are the

opening and closing dates of the treaty

Indian commercial fishery. The dates in

the Plan adopted by PFMC were March

1 to October 31. These dates have been

modified to allow the opening to be set

between March 1 and April 1 and to set

the closing for November 15 to be

consistent with the IPHC action to have

a March 15 to November 15 commercial

season for all areas. The final approved

Plan appears in the regulations at

§ 301.23.

Changes From the Proposed Plan and

the Proposed Rule

The final regulations implementing

the Plan are hereby approved, with the

following changes from the proposed

regulations. The subquotas in the

proposed regulations implementing the

Plan were based on an assumed
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14655

500,000-lb (226.8-mt) TAC for Area 2A

and have been modified in accordance

with the allocations set forth in the Plan

based on the final TAC of 520,000 lb

(235.9 mt) in Area 2A. The only other

substantive modifications to the

proposed sport fishing regulations at

§ 301.21(d)(2) were described in the

responses to the comments above (i.e.,

the seasons and the closure area for the

sport fishery subareas off Washington

have been modified based on the final

TAC, in accordance with the objectives

in the Plan). The proposed sport fishing

possession limits on land at § 301.21 (n)

and (o) have been redesignated (i) and

(j), respectively, to follow IPHC

regulations on possession limits on the

water. The proposed restriction on use

of commercial vessels in the sport

fishery and vice versa at § 301.21 (p)

and (q) have been removed, because

they are redundant with the restrictions

in § 301.22. References to new §§ 301.22

and 301.23 have been added to § 301.5.

The closure of the non-Indian

commercial fishery north of Point

Chehalis, WA (46°53′18′′ N. lat.) set

forth in the Plan at § 301.23(e)(2) and

described in the preamble of the

proposed rule (January 12, 1995, 60 FR

2925) has been added to the final rule

at § 301.9(b) and noted in the IPHC

regulations at §§ 301.3(c), 301.7(b),

301.10(b), and 301.11(g). Portions of the

proposed rule have been implemented

in IPHC regulations and separate U.S.

rules are not necessary. Those portions

of the proposed rule implemented by

the IPHC are: (1) Area 2A license

requirements in § 301.3, (2) fishing

periods for the non-Indian directed

commercial fishery in § 301.7, (3)

fishing period limits for the non-Indian

directed commercial fishery in § 301.11,

and (4) treaty Indian commercial and

ceremonial and subsistence fishing

seasons in § 301.20. The proposed rules

at §§ 301.7(j) and 301.10(j) were

modified and renumbered §§ 301.7(c)

and 301.10(b), respectively, to conform

with IPHC regulations.

For the convenience and information

of the public, all of the regulations in

part 301 (including the 1995 IPHC

regulations, U.S. regulations for Area

2A, the catch limits for Area 2, and U.S.

regulations at § 301.21(d) (3), (4), and (5)

originally published at 58 FR 17791

(April 6, 1993)) are set out in their

entirety herein as revised.

Classification

IPHC Regulations

Because approval of the IPHC

regulations by the Secretary of State is

a foreign affairs function, Jensen v.

National Marine Fisheries Service, 512

F.2d 1189 (9th Cir. 1975), 5 U.S.C. 553

does not apply to this notice of the

effectiveness and content of the IPHC

regulations. Because a notice of

proposed rulemaking is not required,

the preparation of a regulatory

flexibility analysis is not required.

Area 2A and 2C Catch Limits

The AA has determined that this rule

is necessary to respond to an emergency

situation and is consistent with the

Halibut Act of 1982 and other

applicable law. Without emergency

adoption of the catch limits for Area 2A

and 2C for 1995, the Pacific halibut

stock would be harvested at an

unacceptably high rate that could have

long-term adverse effects on the halibut

stock and U.S. halibut fisheries.

Accordingly, the AA finds there is good

cause to implement these regulations

expediently and that it is impracticable

and contrary to the public interest to

require prior notice and public

comment, or to delay the effective date

of the regulations, under the provisions

of section 553 (b) and (d) of the APA.

This rule is exempt from the procedures

of the Regulatory Flexibility Act,

because the rule is not required to be

issued with prior notice and

opportunity for public comment. This

action has been determined to be not

significant for purposes of E.O. 12866.

Repeal of Unnecessary Regulations for

Area 4

The AA has determined, under 5

U.S.C. 553(b)(B), that good cause exists

for waiving prior notice of this action

and opportunity for public comment,

because providing prior notice and

opportunity for public comment would

have been impracticable and contrary to

the public interest. It was impracticable

to do so, because the NPFMC

determined only in December 1994,

after hearing reports from its technical

committees and entertaining public

comment, that these regulations were an

unnecessary burden on the IFQ fishery.

Thus, there was inadequate time to

prepare a proposed rule, collect

comments, and prepare a final rule

before the start of the Alaska

commercial halibut fishery on March

15, 1995. A delay in repealing these

unnecessary regulations would have

been contrary to the public interest

because, to realize the full benefit of the

IFQ program and prevent economic

inefficiencies and bycatch waste, the

regulations must be removed by March

15, 1995. Moreover, this action is

necessary to provide consistent

management and conservation of other

fixed gear fisheries also scheduled to

begin on March 15.

Because this action relieves a

restriction under 5 U.S.C. 553(d)(1), it is

being made immediately effective. This

action has been determined to be not

significant for purposes of E.O. 12866.

Catch Sharing Plan and Implementing

Regulations

The EA/RIR prepared for this Plan

and implementing domestic regulations

indicates that, although the actions

taken under this Plan would reduce the

allocation and area available to

commercial fisheries, the commercial

harvest of halibut in Area 2A is a small

part of their average annual harvests. As

such, the Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration when

the Plan and regulations were proposed

that, if they were adopted as proposed,

they would not have a significant

economic impact on a substantial

number of small entities. Accordingly,

preparation of a regulatory flexibility

analysis under the Regulatory

Flexibility Act was not required.

The AA finds, under 5 U.S.C.

553(d)(3), that having the regulations for

the Plan in place when the treaty Indian

fishery opens on March 15 justifies

waiving the 30-day delayedeffectiveness period. A copy of the EA/

RIR may be obtained from the NMFS

Northwest Region (see ADDRESSES).

This action has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 301

Fisheries, Treaties.

Dated: March 13, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 301 is revised to

read as follows:

PART 301—PACIFIC HALIBUT

FISHERIES

Sec.

301.1 Short title.

301.2 Interpretation.

301.3 Licensing vessels.

301.4 Inseason actions.

301.5 Application.

301.6 Regulatory areas.

301.7 Fishing periods.

301.8 Closed periods.

301.9 Closed area.

301.10 Catch limits.

301.11 Fishing period limits.

301.12 Size limits.

301.13 Careful release of halibut.

301.14 Vessel clearance in Area 4.

301.15 Logs.
14656 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

301.16 Receipt and possession of halibut.

301.17 Fishing gear.

301.18 Retention of tagged halibut.

301.19 Supervision of unloading and

weighing.

301.20 Fishing by U.S. treaty Indian tribes.

301.21 Sport fishing for halibut.

301.22 Fishery election in Area 2A.

301.23 Catch Sharing Plan for Area 2A.

301.24 Previous regulations superseded.

Figure 1 to part 301—Map of Regulatory

Areas

Figure 2 to part 301—Halibut Size Limits

Authority: 5 UST 5; TIAS 2900; 16 U.S.C.

773–773k.

§ 301.1 Short title.

This part may be cited as the Pacific

Halibut Fishery Regulations.

§ 301.2 Interpretation.

(a) In this part:

Authorized officer means any state,

Federal, or provincial officer authorized

to enforce this part 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

U.S. Coast Guard (USCG).

Charter vessel means a vessel used for

hire in sport fishing for halibut, but does

not include a vessel without a hired

operator.

Commercial fishing means fishing, the

resulting catch of which either is, or is

intended to be, sold or bartered.

Commission means the International

Pacific Halibut Commission.

Daily bag limit means the maximum

number of halibut a person may take in

any calendar day from Convention

waters.

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.

Fishing period limit means the

maximum amount of halibut that may

be retained and landed by a vessel

during one fishing period.

Land, with respect to halibut, means

the offloading of halibut from the

catching vessel.

License means a halibut fishing

license issued by the Commission

pursuant to § 301.3.

Maritime area, with respect to the

fisheries jurisdiction of a Contracting

Party, includes, without distinction,

areas within and seaward of the

territorial sea or internal waters of that

Party.

Operator, with respect to any vessel,

means the owner and/or the master or

other individual aboard and in charge of

that vessel.

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).

Person includes an individual,

corporation, firm, or association.

Regulatory area means an area

referred to in § 301.6.

Setline gear means one or more

stationary, buoyed, and anchored lines

with hooks attached.

Sport fishing means all fishing other

than commercial fishing and treaty

Indian ceremonial and subsistence

fishing.

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.

(b) In this part, 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.

(c) In this part, all weights shall be

computed on the basis that the heads of

the fish are off and their entrails

removed.

§ 301.3 Licensing vessels.

(a) No person shall fish for halibut

from a U.S. vessel, nor possess halibut

on board a U.S. 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.

(b) 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.

(c) A license issued for a vessel

operating in the commercial fishery in

Area 2A shall be valid only for either

the directed commercial fishery south of

46°53′18′′ N. lat. during the fishing

periods specified in § 301.7(b) or the

incidental catch fishery during the

salmon troll fishery specified in

§ 301.7(c), but not both.

(d) No person shall fish for halibut

from a Canadian 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.

(e) No person shall fish for halibut

from a U.S. vessel, nor possess halibut

on board a U.S. vessel, used either for

commercial fishing or 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.

(f) A license issued in respect of a

vessel referred to in paragraphs (a), (d),

and (e) 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.

(g) The Commission shall issue a

license in respect of a vessel, without

fee from its office in Seattle, WA, upon

receipt of a completed, written, and

signed ‘‘Application for Vessel License

for the Halibut Fishery’’ form.

(h) A vessel operating in the

commercial fishery in Area 2A must

have its ‘‘Application for Vessel License

for the Halibut Fishery’’ form

postmarked no later than midnight

April 30.

(i) Application forms may be obtained

from any authorized officer, or from the

Commission.

(j) Information on ‘‘Application for

Vessel License for the Halibut Fishery’’

form must be accurate.

(k) The ‘‘Application for Vessel

License for the Halibut Fishery’’ form

shall be completed and signed by the

vessel owner.

(l) Licenses issued under this section

shall be valid only during the year in

which they are issued.

(m) A new license is required for a

vessel that is sold, transferred, renamed,

or redocumented.

(n) 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.

(o) The United States may suspend,

revoke, or modify any license issued

under this section under policies and

procedures in 15 CFR part 904.

§ 301.4 Inseason actions.

(a) The Commission is authorized to

establish or modify the IPHC regulations

in this part during the season after

determining that such action:

(1) Will not result in exceeding the

catch limit established preseason for

each regulatory area;

(2) Is consistent with the Convention

between the United States 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

(3) Is consistent, to the maximum

extent practicable, with any domestic

catch sharing plans developed by the

U.S. or Canadian Governments.

(b) Inseason actions may include, but

are not limited to, establishment or

modification of the following:

(1) Closed areas;

(2) Fishing periods;
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14657

(3) Fishing period limits;

(4) Gear restrictions;

(5) Recreational bag limits;

(6) Size limits; or

(7) Vessel clearances.

(c) Inseason changes will be effective

at the time and date specified by the

Commission.

(d) The Commission will announce

inseason actions under this section by

providing notice to major halibut

processors; Federal, state, U.S. treaty

Indian, and provincial fishery officials;

and the media.

§ 301.5 Application.

(a) This part applies 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.

(b) Section 301.6 through 301.19

apply to commercial fishing for halibut.

(c) Section 301.20 applies to the U.S.

treaty Indian tribal fishery in Area 2A–

1.

(d) Section 301.21 applies to sport

fishing for halibut.

(e) Section 301.22 applies to nonIndian commercial and sport fishing for

halibut in Area 2A.

(f) Section 301.23 applies to all

fishing for halibut in Area 2A.

(g) This part does not apply to fishing

operations authorized or conducted by

the Commission for research purposes.

§ 301.6 Regulatory areas.

The following areas (shown in Figure

1 of this part) shall be regulatory areas

for the purposes of the Convention:

(a) Area 2A includes all waters off the

States of California, Oregon, and

Washington;

(b) Area 2B includes all waters off

British Columbia;

(c) 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;

(d) 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;

(e) 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;

(f) 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 § 301.9 that are east of

172°00′00′′ W. long. and south of

56°20′00′′ N. lat.;

(g) 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.;

(h) Area 4C includes all waters in the

Bering Sea north of Area 4A and north

of the closed area defined in § 301.9 that

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

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

W. long.;

(i) 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.;

(j) Area 4E includes all waters in the

Bering Sea north and east of the closed

area defined in § 301.9, east of

168°00′00′′ W. long., and south of

65°34′00′′ N. lat.

§ 301.7 Fishing periods.

(a) The fishing periods for each

regulatory area apply where the catch

limits specified in § 301.10 have not

been taken.

(b) 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 5, July 18, August 1, and August 15,

unless the Commission specifies

otherwise.

(c) Notwithstanding paragraph (b) of

this section and § 301.10(g), 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.

(d) 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.

(e) 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.

§ 301.8 Closed periods.

(a) No person shall engage in fishing

for halibut in any regulatory area other

than during the fishing periods set out

in § 301.7 in respect of that area.

(b) No person shall land or otherwise

retain halibut caught outside a fishing

period applicable to the regulatory area

where the halibut was taken.

(c) Subject to § 301.17(g) and (h),

fishing is not prohibited for any species

of fish other than halibut during the

closed periods.

(d) Notwithstanding paragraph (c) of

this section, no person shall have

halibut in his/her possession while

fishing for any other species of fish

during the closed periods.

(e) No vessel shall retrieve any halibut

fishing gear during a closed period if the

vessel has any halibut on board.

(f) 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.

(g) After retrieval of halibut gear in

accordance with paragraph (f) of this

section, the vessel shall submit to a hold

inspection at the discretion of the

authorized officer or representative of

the Commission.

(h) No person shall retain any halibut

caught on gear retrieved under

paragraph (f) of this section.

(i) 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.

§ 301.9 Closed area.

(a) All waters in the Bering Sea that

are 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.

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

Point Chehalis, WA (46°53′18′′ N. lat.)

are closed to the directed commercial

halibut fishery.

§ 301.10 Catch limits.

(a) The total allowable catch of

halibut to be taken during the halibut

fishing periods specified in § 301.7 shall

be limited to the weight expressed in

pounds or metric tons shown in the

following table.
14658 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

Regulatory area

Catch limits

Pounds Metric

tons

2A ...................... 107,120 49

2C ..................... 9,000,000 4,082

3A ...................... 20,000,000 9,072

3B ...................... 3,700,000 1,678

4A ...................... 1,950,000 885

4B ...................... 2,310,000 1,048

4C ..................... 770,000 349

4D ..................... 770,000 349

4E ...................... 120,000 54

(b) Notwithstanding paragraph (a) 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 § 301.7(b) and an

incidental halibut catch fishery during

the salmon troll fishery in Area 2A

described in § 301.7(c). Inseason actions

to transfer catch between these fisheries

may occur in conformance with

§ 301.23.

(1) The catch limit in the directed

halibut fishery is 91,052 lb (41.3 mt).

(2) The catch limit in the incidental

catch fishery during the salmon troll

fishery is 16,068 lb (7.3 mt).

(c) 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.

(d) Notwithstanding paragraph (a) of

this section, 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.

(e) Notwithstanding paragraph (a) of

this section, 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 NMFS have been taken, or November

15, whichever is earlier.

(f) If the Commission determines that

the catch limit specified for Area 2A in

paragraph (a) of this section would be

exceeded in an unrestricted 10-hour

fishing period as specified in § 301.7(b),

the catch limit for that area shall be

considered to have been taken unless

fishing period limits are implemented.

(g) When under paragraph (c) or (f) 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.

§ 301.11 Fishing period limits.

(a) 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.

(b) 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 are weighed and

reported on state fish tickets.

(c) 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.

(d) The provisions of paragraph (c) of

this section are not intended to prevent

retail over-the-side sales to individual

purchasers, so long as all the halibut on

board are ultimately offloaded and

reported.

(e) When fishing period limits are in

effect, a vessel’s maximum retainable

catch will be determined by the

Commission based on:

(1) The vessel’s overall length in feet

and associated length class;

(2) The average performance of all

vessels within that class; and

(3) The remaining catch limit.

(f) 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

(g) Fishing period limits in Area 2A

apply only to the directed halibut

fishery south of 46°53′18′′ N. lat.

referred to in § 301.7(b).

§ 301.12 Size limits.

(a) No person shall take or possess

any halibut that:

(1) With the head on, is less than 32

in (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 of

this part; or

(2) With the head removed, is less

than 24 in (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 of this part.

(b) No person shall fillet, mutilate, or

otherwise disfigure a halibut in any

manner that prevents the determination

of the minimum size of the halibut for

the purpose of paragraph (a) of this

section.

(c) No person aboard a vessel fishing

for, or tendering, halibut caught in Area

2A shall possess any halibut that has

had its head removed.

§ 301.13 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.

§ 301.14 Vessel clearance in Area 4.

(a) 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

fishing periods that apply, and before

the unloading of any halibut caught in

any of these areas and fishing periods,

unless specifically exempted in

paragraph (k), (l), or (m) of this section.

(b) The vessel clearance required

under paragraph (a) of this section prior

to fishing in Areas 4A, 4C, or 4D may

be obtained only at Dutch Harbor or

Akutan, AK, from an authorized officer

of the United States, a representative of

the Commission, or a designated fish

processor.

(c) The vessel clearance required

under paragraph (a) of this section prior

to fishing in Area 4B may only be

obtained at Nazan Bay on Atka Island,

AK, from an authorized officer of the

United States, a representative of the

Commission, or a designated fish

processor.

(d) The vessel operator shall specify

the specific regulatory area in which

fishing will take place.

(e) Before unloading any halibut

caught in Area 4A, a vessel operator

may obtain the clearance required under

paragraph (a) of this section only in

Dutch Harbor or Akutan, AK, by

contacting an authorized officer of the

United States, a representative of the

Commission, or a designated fish

processor.

(f) Before unloading any halibut

caught in Area 4B, a vessel operator may

obtain the clearance required under

paragraph (a) of this section only in
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14659

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.

(g) Before unloading any halibut

caught in Area 4C or 4D, a vessel

operator may obtain the clearance

required under paragraph (a) of this

section only in St. Paul or St. George,

AK, 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.

(h) Vessel clearances required under

paragraph (a) of this section prior to

fishing in Area 4 shall be obtained

between 0600 and 1800 hours, local

time.

(i) No halibut shall be on board the

vessel at the time of the clearance

required by paragraph (h) of this

section.

(j) Vessel clearances required under

paragraph (a) of this section after fishing

in Area 4 shall be obtained between

0600 and 1800 hours, local time.

(k) Any vessel that is used to fish for

halibut only in Area 4B and that lands

its total annual halibut catch at a port

within Area 4B is exempt from the

clearance requirements of paragraph (a)

of this section.

(l) Any vessel that is used to fish for

halibut only in Area 4C and that lands

its total annual halibut catch at a port

within Area 4C is exempt from the

clearance requirements of paragraph (a)

of this section.

(m) Any vessel that is used to fish for

halibut only in Areas 4D and 4E and

that lands its total annual halibut catch

at a port within Areas 4D, 4E, or the

closed area defined in § 301.9, is exempt

from the clearance requirements of

paragraph (a) of this section.

§ 301.15 Logs.

(a) The operator of any vessel that has

an overall length of 26 ft (7.9 m) 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.

(b) The log referred to in paragraph (a)

of this section shall be:

(1) Separate from other records

maintained on board the vessel;

(2) 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;

(3) Retained for a period of 2 years by

the owner or operator of the vessel;

(4) Open to inspection by an

authorized officer or any authorized

representative of the Commission upon

demand; and

(5) Kept on board the vessel during

halibut fishing, during transits to port of

landing, and for 5 days following

offloading halibut.

(c) The poundage of any halibut that

is not sold, but is utilized by the vessel

operator, his/her crew members, or any

other person for personal use, shall be

recorded in the vessel’s log within 24

hours of offloading.

(d) No person shall make a false entry

in a log referred to in this section.

§ 301.16 Receipt and possession of

halibut.

(a) No person shall receive halibut

from a U.S. vessel that does not have on

board the license required by § 301.3.

(b) No person shall offload halibut

from a vessel unless the gills and

entrails have been removed prior to

offloading.

(c) 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

accept and weigh 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: 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.

(d) No person shall make a false entry

on a state fish ticket or a Federal catch

or landing report referred to in

paragraph (c) of this section.

(e) A copy of the fish tickets or catch

reports referred to in paragraph (c) of

this section shall be:

(1) Retained by the person making

them for a period of 3 years from the

date they are made; and

(2) Open to inspection by an

authorized officer or any authorized

representative of the Commission.

(f) No person shall possess any

halibut that he/she knows to have been

taken in contravention of this part.

(g) When halibut are delivered to

other than a commercial fish processor

the records required by paragraph (c)

shall be maintained by the operator of

the vessel from which that halibut was

caught, in compliance with paragraph

(e).

(h) 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.

§ 301.17 Fishing gear.

(a) No person shall fish for halibut

using any gear other than hook-and-line

gear.

(b) No person shall possess halibut

taken with any gear other than hookand-line gear.

(c) No person shall possess halibut

while on board a vessel carrying any

trawl nets or fishing pots capable of

catching halibut.

(d) All setline or skate marker buoys

carried on board or used by any U.S.

vessel used for halibut fishing shall be

marked with one of the following:

(1) The vessel’s name;

(2) The vessel’s state license number;

or

(3) The vessel’s registration number.

(e) The markings specified in

paragraph (d) of this section shall be in

characters at least 4 in (10.2 cm) in

height and 0.5 in (1.3 cm) in width in

a contrasting color visible above the

water, and shall be maintained in

legible condition.

(f) All setline or skate marker buoys

carried on board or used by a Canadian

vessel used for halibut fishing shall be:

(1) Floating and visible on the surface

of the water; and

(2) Legibly marked with the

identification plate number of the vessel

engaged in commercial fishing from

which that setline is being operated.

(g) No person aboard 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.

(h) 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.

(i) No person aboard 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
14660 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

has removed all of its setline gear from

the water and has either:

(1) Made a landing and completely

offloaded its entire catch of other fish;

or

(2) Submitted to a hold inspection by

an authorized officer.

(j) 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 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:

(1) Made a landing and completely

offloaded its entire catch of other fish;

or

(2) Submitted to a hold inspection by

an authorized officer.

§ 301.18 Retention of tagged halibut.

(a) Nothing contained in this part

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.

(b) After examination and removal of

the tag by a representative of the

Commission or an authorized officer,

the halibut:

(1) May be retained for personal use;

or

(2) May be sold if it complies with the

provisions of § 301.12.

§ 301.19 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 this part.

§ 301.20 Fishing by U.S. treaty Indian

tribes.

(a) Halibut fishing in subarea 2A–1 by

members of U.S. treaty Indian tribes

located in the State of Washington is

governed by this section.

(b) For purposes of this part, ‘‘treaty

Indian tribes’’ means the Hoh,

Jamestown S’Klallam, Lower Elwha

S’Klallam, Lummi, Makah, Port Gamble

S’Klallam, Quileute, Quinault,

Skokomish, Suquamish, Swinomish,

and Tulalip tribes.

(c) Subarea 2A–1 includes all U.S.

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.

(d) 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 171,000 lb (77.6 mt) are taken by

treaty Indians, whichever occurs first.

(e) Commercial fishing periods and

management measures to implement

paragraph (d) of this section will be

established by treaty Indian tribal

regulations.

(f) Commercial fishing for halibut by

treaty Indians shall comply with the

provisions of §§ 301.12, 301.13, 301.15,

and 301.17, except that the 72-hour

fishing restriction preceding the

opening of a halibut fishing period shall

not apply to treaty Indian fishing.

(g) Ceremonial and subsistence

fishing for halibut by treaty Indians in

subarea 2A–1 is permitted with hookand-line gear from January 1 to

December 31, and is estimated to take

11,000 lb (5 mt).

(h) No size or bag limits shall apply

to the ceremonial and subsistence

fishery, except that when commercial

halibut fishing is prohibited pursuant to

paragraph (d) of this section, treaty

Indians may take and retain not more

than two halibut per person per day.

(i) Halibut taken for ceremonial and

subsistence purposes shall not be

offered for sale or sold.

(j) Any member of a U.S. treaty Indian

tribe, as defined in paragraph (b) of this

section, who is engaged in commercial

or ceremonial and subsistence fishing

under this section must have on his or

her person a valid treaty Indian

identification card issued pursuant to 25

CFR part 249, subpart A, and must

comply with the treaty Indian vessel

and gear identification requirements of

Final Decision No. 1 and subsequent

orders in United States v. Washington

384 F. Supp. 312 (W.D. Wash. 1974).

(k) The following table sets forth the

fishing areas of each of the 12 treaty

Indian tribes fishing pursuant to this

section. Within subarea 2A–1,

boundaries of a tribe’s fishing area may

be revised as ordered by a Federal

Court.

Tribe Boundaries

Hoh ............................................................ Between 47°54’18’’ N. lat. (Quillayute River) and 47°21’00’’ N. lat. (Quinault River), and east of

125°44’00’’ W. long.

Jamestown S’Klallam ................................ Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1486, to be places at which the Jamestown S’Klallam Tribe may fish under rights secured by treaties with the United States.

Lower Elwha S’Klallam .............................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443,

to be places at which the Lower Elwha S’Klallam Tribe may fish under rights secured by treaties

with the United States.

Lummi ........................................................ Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 384 F. Supp. 360, as modified in Subproceeding No.

89–08 (W.D. Wash. February 13, 1990) (decision and order re: cross-motions for summary judgement), to be places at which the Lummi Tribe may fish under rights secured by treaties with the

United States.

Makah ........................................................ North of 48°02’15’’ N. lat. (Norwegian Memorial), west of 123°42’30’’ W. long., and east of

125°44’00’’ W. long.

Port Gamble S’Klallam .............................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port

Gamble S’Klallam Tribe may fish under rights secured by treaties with the United States.

Quileute ..................................................... Between 48°07’36’’ N. lat. (Sand Point) and 47°31’42’’ N. lat. (Queets River), and east of

125°44’00’’ W. long.

Quinault ..................................................... Between 47°40’06’’ N. lat. (Destruction Island) and 46°53’18’’ N. lat. (Point Chehalis), and east of

125°44’00’’ W. long.
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14661

Tribe Boundaries

Skokomish ................................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 384 F. Supp. 377, to be places at which the

Skokomish Tribe may fish under rights secured by treaties with the United States.

Suquamish ................................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places at which the

Suquamish Tribe may fish under rights secured by treaties with the United States.

Swinomish ................................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places at which the

Swinomish Tribe may fish under rights secured by treaties with the United States.

Tulalip ........................................................ Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance

with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp.

312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1531–1532, to be places at which the

Tulalip Tribe may fish under rights secured by treaties with the United States.

§ 301.21 Sport fishing for halibut.

(a) 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.

(b) In all waters off Alaska:

(1) The sport fishing season is from

February 1 to December 31; and

(2) The daily bag limit is two halibut

of any size per day per person.

(c) In all waters off British Columbia:

(1) The sport fishing season is from

February 1 to December 31; and

(2) The daily bag limit is two halibut

of any size per day per person.

(d) In all waters off California,

Oregon, and Washington:

(1) The total allowable catch of

halibut shall be limited to:

(i) 123,760 lb (56.1 mt) in waters off

Washington; and

(ii) 107,120 lb (48.6 mt) in waters off

Oregon and California.

(2) The sport fishing subareas,

subquotas, fishing dates, and daily bag

limits are as follows, except as modified

under the inseason actions in paragraph

(d)(3) of this section. 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°4′’00′′ W. long.)

to Cape Flattery (48°22′55′′ N. lat.,

124°43′42′′ W. long.), there is no

subquota. This area is managed by

setting a season that is projected to

result in a catch of 34,653 lb (15.7 mt).

(A) The fishing season is May 25

through July 29, 5 days a week (closed

Tuesdays and Wednesdays).

(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 subquota for

landings into ports in this area is 71,410

lb (32.4 mt). Landings into Neah Bay of

halibut caught in this area will count

against this subquota and are governed

by the regulations in this paragraph

(d)(2)(ii).

(A) The fishing season commences on

May 2, and continues 5 days a week

(Tuesday through Saturday) until 71,410

lb (32.4 mt) are estimated to have been

taken and the season is closed by the

Commission.

(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 subquota for

landings into ports in this area is 15,222

lb (6.9 mt).

(A) The fishing season commences on

May 1, and continues every day through

September 30, or until 15,222 lb (6.9 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

of any size per day per person.

(C) The northern offshore portion of

this area is closed to sport fishing for

halibut. The closed area is west of

124°40′00′′ W. long. and north of

47°10′00′′ N. lat. If, on September 1,

sufficient quota remains for at least 1

day of fishing, NMFS will, by inseason

action as specified at § 301.21(d)(4),

remove the geographical restriction on

each Tuesday until the fishery is closed.

(iv) In the area between Leadbetter

Point, WA and Cape Falcon, OR

(45°46′00′′ N. lat.), the subquota for

landings into ports in this area is 4,617

lb (2.1 mt).

(A) The fishing season commences on

May 1, and continues every day through

September 30, or until 4,617 lb (2.1 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

in (81.3 cm).

(v) In the area off Oregon between

Cape Falcon and the Siuslaw River

(44°01′08′′ N. lat.), the subquota for

landings into ports in this area is 94,694

lb (43 mt).

(A) The fishing seasons are:

(1) Commencing May 4, and

continuing 3 days a week (Thursday

through Saturday) until 67,706 lb (30.7

mt) are estimated to have been taken

and the season is closed by the

Commission;

(2) Commencing the day following the

closure of the season in paragraph

(d)(2)(v)(A)(1) of this section, and

continuing every day through August 2,

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 3,314 lb (1.5 mt) or the area

subquota 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
14662 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

(3) Commencing August 3, and

continuing 3 days a week (Thursday

through Saturday) through September

30, or until the combined subquotas for

the areas described in paragraphs

(d)(2)(v) and (vi) of this section totaling

102,193 lb (46.4 mt) are estimated to

have been taken and the area is closed

by the Commission, whichever is

earlier.

(B) The daily bag limit is two halibut,

one with a minimum overall size limit

of 32 in (81.3 cm) and the second with

a minimum overall size limit of 50 in

(127.0 cm).

(vi) In the area off Oregon between the

Siuslaw River and the California border

(42°00′00′′ N. lat.), the subquota for

landings into ports in this area is 7,499

lb (3.4 mt).

(A) The fishing seasons are:

(1) Commencing May 4 and

continuing 3 days a week (Thursday

through Saturday) until 5,999 lb (2.7 mt)

are estimated to have been taken and the

season is closed by the Commission;

(2) Commencing the day following the

closure of the season in paragraph

(d)(2)(vi)(A)(1) of this section, and

continuing every day through August 2,

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 1,500 lb (0.7 mt) or the

area subquota 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) Commencing August 3 and

continuing 3 days a week (Thursday

through Saturday) through September

30, or until the combined subquotas for

the areas described in paragraphs (d)(2)

(v) and (vi) of this section totaling

102,193 lb (46.4 mt) are estimated to

have been taken and the area is closed

by the Commission, whichever is

earlier.

(B) The daily bag limit is two halibut,

one with a minimum overall size limit

of 32 in (81.3 cm) and the second with

a minimum overall size limit of 50 in

(127.0 cm).

(vii) In the area off the California

coast, there is no subquota. This area is

managed on a season that is projected to

result in a catch of less than 2,785 lb

(1.3 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

in (81.3 cm).

(3) Flexible inseason management

provisions in Area 2A.

(i) 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.

(ii) 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.

(iii) Notice procedures. (A) Actions

taken under paragraph (d)(3) of 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 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 fishermen should monitor

either the telephone hotline or U.S.

Coast Guard broadcasts for current

information for the area in which they

are fishing.

(iv) Effective dates. (A) Any action

issued under paragraph (d)(3)(iii) of 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 of

the action in the Federal Register.

(C) Any inseason action issued under

paragraph (d)(3) of 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.

(v) 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.

(4) The Commission shall determine

and announce closing dates to the

public for any area in which the

subquotas under paragraph (d)(2) of this

section are estimated to have been

taken.

(5) When the Commission has

determined that a subquota under

paragraph (d)(2) 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 under paragraph (d)(2) or

(d)(3) of this section, or announced by

the Commission.

(e) Any minimum overall size limit in

this section 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.

(f) 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.

(g) The possession limit for halibut in

the waters off the coast of Alaska is two

daily bag limits.

(h) The possession limit for halibut in

the waters off British Columbia,

Washington, Oregon, and California is

the same as the daily bag limit.

(i) The possession limit for halibut on

land in Area 2A north of Cape Falcon,

OR is two daily bag limits.

(j) The possession limit for halibut on

land in Area 2A south of Cape Falcon,

OR is one daily bag limit.

(k) Any halibut brought on board 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.

(l) No person shall be in possession of

halibut on a vessel while fishing in a

closed area.

(m) No halibut caught by sport fishing

shall be offered for sale, sold, traded, or

bartered.

(n) No halibut caught in sport fishing

shall be possessed on board a vessel

when other fish or shellfish on board
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14663

the said vessel are destined for

commercial use, sale, trade, or barter.

(o) The operator of a charter vessel

shall be liable for any violations of this

part committed by a passenger aboard

said vessel.

§ 301.22 Fishery election in Area 2A.

(a) A vessel that fishes in Area 2A

may participate in only one of the

following three fisheries in Area 2A:

(1) The recreational fishery under

§ 301.21;

(2) The commercial directed fishery

for halibut during the fishing period(s)

established in § 301.7(b); or

(3) The incidental catch fishery

during the salmon troll fishery as

authorized in § 301.7(c).

(b) No person shall fish for halibut in

the recreational fishery in Area 2A

under § 301.21 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.

(c) No person shall fish for halibut in

the directed halibut fishery in Area 2A

during the fishing periods established in

§ 301.7(b) 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

§ 301.7(c).

(d) 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.

(e) No person shall retain halibut in

the salmon troll fishery in Area 2A as

authorized under § 301.7(c) 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.

(f) No person shall retain halibut in

the salmon troll fishery in Area 2A as

authorized under § 301.7(c) taken on a

vessel that, during the same calendar

year, has been used in the directed

commercial fishery during the fishing

periods established in § 301.7(b) for

Area 2A or that is licensed to participate

in the directed commercial fishery

during the fishing periods established in

§ 301.7(b) in Area 2A.

§ 301.23 Catch sharing plan for Area 2A.

(a) This Plan constitutes a framework

that shall be applied to the annual Area

2A total allowable catch (TAC)

approved by the Commission each

January. The framework shall be

implemented in both Commission

regulations and domestic regulations

(implemented by NMFS) as published

in the Federal Register as rulemaking in

§§ 301.1 through 301.22.

(b) This Plan allocates 35 percent of

the Area 2A TAC to U.S. treaty Indian

tribes in the State of Washington in

subarea 2A–1, and 65 percent to nonIndian fisheries in Area 2A. The

allocation to non-Indian fisheries is

divided into three shares, with the

Washington sport fishery (north of the

Columbia River) receiving 36.6 percent,

the Oregon/California sport fishery

receiving 31.7 percent, and the

commercial fishery receiving 31.7

percent. The sport fishery in the

Columbia River area (Leadbetter Point to

Cape Falcon) will receive 2 percent of

the Washington sport allocation plus 2

percent of the Oregon/California sport

allocation. The California sport fishery

is allocated 2.6 percent of the Oregon/

California sport allocation. These

allocations may be changed if new

information becomes available that

indicates a change is necessary and/or

the Pacific Fishery Management Council

takes action to reconsider its allocation

recommendations. Such changes will be

made after appropriate rulemaking is

completed and published in the Federal

Register.

(c) The allocations in this Plan are

distributed as subquotas to ensure that

any overage or underage by any one

group will not affect achievement of an

allocation set aside for another group.

The specific allocative measures in the

treaty Indian, non-Indian commercial,

and non-Indian sport fisheries in Area

2A are described in paragraphs (d)

through (f) of this section.

(d) Thirty-five percent of the Area 2A

TAC is allocated to 12 treaty Indian

tribes in subarea 2A–1, which includes

that portion of Area 2A north of Point

Chehalis, WA (46°53′18′′ N. lat.) and

east of 125°44′00′′ W. long. The treaty

Indian allocation is to provide for a

tribal commercial fishery and a

ceremonial and subsistence fishery.

These two fisheries are managed

separately; any overages in the

commercial fishery do not affect the

ceremonial and subsistence fishery. The

commercial fishery is managed to

achieve an established subquota, while

the ceremonial and subsistence fishery

is managed for a year-round season. The

tribes will estimate the ceremonial and

subsistence harvest expectations in

January of each year, and the remainder

of the allocation will be for the tribal

commercial fishery.

(1) The tribal ceremonial and

subsistence fishery begins on January 1

and continues through December 31. No

size or bag limits will apply to the

ceremonial and subsistence fishery,

except that when the tribal commercial

fishery is closed, treaty Indians may

take and retain not more than two

halibut per day per person. Halibut

taken for ceremonial and subsistence

purposes may not be offered for sale or

sold.

(2) The tribal commercial fishery

begins between March 1 and April 1 and

continues through November 15 or until

the tribal commercial subquota is taken,

whichever is earlier. Any halibut sold

by treaty Indians during the commercial

fishing season must comply with

Commission regulations on size limits

for the non Indian fishery.

(e) The non-Indian commercial

fishery is allocated 20.6 percent of the

Area 2A TAC. The commercial fishery

is divided into two components: A

directed fishery targeting on halibut,

and an incidental catch fishery during

the salmon troll fisheries off

Washington, Oregon, and California.

(1) Incidental halibut catch in the

salmon troll fishery. Fifteen percent of

the non-Indian commercial fishery

allocation is allocated to the salmon

troll fishery in Area 2A as an incidental

catch during the May through June

salmon fisheries. The subquota for this

incidental catch fishery is 3.1 percent of

the Area 2A TAC. One halibut (in

compliance with the Commission

minimum size limit of 32 in (81.3 cm))

may be landed for each 25 chinook

landed by a salmon troller. A salmon

troller must have 25 chinook on board

before retaining a halibut. NMFS may

adjust this ratio preseason, after the

halibut and chinook quotas are

established. NMFS will publish

adjustments to the ratio annually in the

Federal Register, along with the salmon

management measures. A salmon troller

may participate in this fishery or in the

directed commercial fishery targeting

halibut, but not in both. Any poundage

remaining in the subquota for this

fishery after the May through June

salmon troll season will be made

available inseason to the directed

halibut fishery. If the Commission

determines that poundage remaining in

the subquota for the directed fishery is

insufficient to allow an additional day

of directed halibut fishing, the

remaining directed harvest subquota

will be made available inseason for the

fall salmon troll fisheries.

(2) Directed fishery targeting halibut.

Eighty-five percent of the non-Indian

commercial fishery allocation is

allocated to the directed fishery

targeting halibut (e.g., longline fishery)

in southern Washington, Oregon, and

California. The subquota for this

directed catch fishery is 17.5 percent of
14664 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

the Area 2A TAC. This fishery is

confined to the area south of Subarea

2A–1 (south of Point Chehalis, WA;

46°53′18′′ N. lat.). The commercial

fishery opening date(s), duration, and

vessel trip limits for this fishery, as

necessary to ensure that the subquota

for this fishery is not exceeded, will be

determined by the Commission and

implemented in Commission

regulations. If the Commission

determines that poundage remaining in

the subquota for this fishery is

insufficient to allow an additional day

of directed halibut fishing, the

remaining subquota will be made

available for incidental catch of halibut

in the fall salmon troll fisheries.

(3) Commercial license restrictions/

declarations. Commercial fishers must

obtain a license to fish for halibut in

Area 2A by May 1 of each year.

Commercial fishers must choose either

to operate in the directed commercial

fishery in Area 2A, or to retain halibut

caught incidentally during the salmon

troll fishery. Fishing vessels that are

issued Commission licenses to fish

commercially in Area 2A are prohibited

from obtaining a Commission

charterboat license for Area 2A. Sport

fishing for halibut in Area 2A is

prohibited from a vessel licensed to fish

commercially for halibut in Area 2A.

(f) Sport fisheries. The non-Indian

sport fisheries are allocated 68.3 percent

of the non-Indian share, which is 44.4

percent of the Area 2A TAC. The

Washington sport fishery (north of the

Columbia River) is allocated 53.6

percent of the non-Indian sport

allocation and Oregon/California is

allocated 46.4 percent. The allocations

are further subdivided as subquotas

among seven geographic subareas as

described in paragraph (f)(1) of this

section.

(1) Subarea management. The sport

fishery is divided into seven sport

fishery subareas, each having separate

allocations and management measures

as follows.

(i) Washington inside waters subarea.

This sport fishery subarea is allocated

28.0 percent of the Washington sport

allocation, which equals 6.66 percent of

the Area 2A TAC. This subarea is

defined as all U.S. waters east of the

Bonilla-Tatoosh line, defined as follows:

From Bonilla Point (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.),

including Puget Sound. The structuring

objective for this subarea is to provide

a stable sport fishing opportunity and

maximize the season length. Due to

inability to monitor the catch in this

area inseason, a fixed season will be

established preseason based on

projected catch per day and number of

days to achievement of the subquota. No

inseason adjustments will be made, and

estimates of actual catch will be made

postseason. The fishery opens on either

May 18 or May 25 and continues at least

through July 4, until a date established

preseason when the subquota is

predicted to be taken, or until

September 30, whichever is earlier. If

May 18 or May 25 fall on a Tuesday or

Wednesday, the fishery will open on the

following Thursday. The season opens

for 5 days per week (closed on Tuesdays

and Wednesdays). The daily bag limit is

one fish per person, with no size limit.

(ii) Washington north coast subarea.

This sport fishery subarea is allocated

57.7 percent of the Washington sport

allocation, which equals 13.73 percent

of the Area 2A TAC. This subarea is

defined as all U.S. waters west of the

Bonilla-Tatoosh line, as defined in

paragraph (f)(1)(i) of this section, and

north of the Queets River (47°31′42′′ N.

lat.). The structuring objective for this

subarea is to maximize the season

length for viable fishing opportunity

and, if possible, stagger the seasons to

spread out this opportunity to anglers

who utilize these remote grounds. The

fishery opens on May 1, and continues

5 days per week (closed on Sundays and

Mondays). If May 1 falls on a Sunday or

Monday, the fishery will open on the

following Tuesday. The highest priority

is for the season to last through the

month of May. If sufficient quota

remains, the second priority is to

establish a fishery that will be open July

1, through at least July 4. If the

preseason prediction indicates that

these two goals can be met without

utilizing the quota for this subarea, the

next priority is to open the May fishery

7 days per week and extend it into June

as long as possible. No sport fishing for

halibut is allowed after September 30.

The daily bag limit in all fisheries is one

halibut per person with no size limit. A

closure to sport fishing for halibut will

be established in an area that is

approximately 19.5 nm (36.1 km)

southwest of Cape Flattery. The size of

this closed area may be modified

preseason by NMFS to maximize the

season length. The closed area is

defined as the area within a rectangle

defined by these four corners: 48°17′00′′

N. lat., 125°10′00′′ W. long.; 48°17′00′′

N. lat., 125°00′00′′ W. long.; 48°05′00′′

N. lat., 125°10′00′′ W. long.; and,

48°05′00′′ N. lat., 125°00′00′′ W. long.

(iii) Washington south coast subarea.

This sport fishery subarea is allocated

12.3 percent of the Washington sport

allocation, which equals 2.93 percent of

the Area 2A TAC. This subarea is

defined as waters south of the Queets

River (47°31′42′′ N. lat.) and north of

Leadbetter Point (46°38′10′′ N. lat.). The

structuring objective for this subarea is

to maximize the season length, while

providing for a limited halibut fishery.

The fishery opens on May 1, for 7 days

per week until the subquota is estimated

to have been taken, or September 30,

whichever is earlier. The daily bag limit

is one halibut per person, with no size

limit. Sport fishing for halibut is

prohibited in the area south of the

Queets River (47°31′42′′ N. lat.), west of

124°40′00′′ W. long. and north of

47°10′00′′ N. lat. This closure may be

removed through inseason action by

NMFS under § 301.21(d)(3) after

September 1, for 1 day each week on

Tuesday only, if NMFS determines that

sufficient subarea quota remains to

allow for 1 day of fishing without

geographic restriction.

(iv) Columbia River subarea. This

sport fishery subarea is allocated 2.0

percent of the Washington sport

allocation plus 2.0 percent of the

Oregon/California sport allocation,

which combined equals 0.89 percent of

the Area 2A TAC. This subarea is

defined as waters south of Leadbetter

Point, WA (46°38′10′′ N. lat.) and north

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

The structuring objective for this

subarea is to provide for a non-directed

halibut sport fishery of not more than 5

months duration out of the Columbia

River ports. The fishery will open on

May 1, and continue 7 days per week

until the subquota is estimated to have

been taken, or September 30, whichever

is earlier. The daily bag limit is one

halibut per person, with a 32-in (81.3

cm) minimum size.

(v) Oregon central coast subarea

(applicable through December 31, 1995).

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

mt) and above, this subarea extends

from Cape Falcon to the Siuslaw River

at the Florence north jetty (44°01′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 below

388,350 lb (176.2 mt), this sport fishery

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 one or two

periods of fishing opportunity in

productive deeper water areas along the

coast, principally for charter and larger

private boat anglers, and provide a

period of fishing opportunity in

nearshore waters in June and July,
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14665

especially for small boat anglers. Any

poundage remaining in this subarea

quota from earlier seasons will be added

to the last season in this subarea. This

subarea has three seasons as set out in

paragraphs (f)(2)(v) (A) through (C) of

this section. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32-in (81.3 cm) size

limit and the second with a minimum

50-in (127.0 cm) size limit.

(A) The first season is an all-depth

fishery that begins on May 4, and

continues 3 days per week (Thursday

through Saturday) until 71.5 percent of

the subarea quota is taken.

(B) The second season opens the day

following closure of the first season,

only in waters inside the 30-fathom (55

m) curve, and continues every day until

3.5 percent of the subarea quota is

taken, or August 2, whichever is earlier.

(C) The last season begins on August

3, with no depth restrictions, and

continues 3 days per week (Thursday

through Saturday), until the combined

Oregon subarea quotas south of Falcon

are estimated to have been taken, or

September 30, whichever is earlier.

(vi) Oregon south coast subarea

(applicable through December 31, 1995).

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 below 388,350 lb (176.2

mt), this subarea will be included in the

Oregon Central sport fishery 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. This

subarea has three seasons as set out in

paragraphs (f)(2)(vi) (A) through (C) of

this section. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32-in (81.3 cm) size

limit and the second with a minimum

50-in (127.0 cm) size limit.

(A) The first season is an all-depth

fishery that begins on May 4, and

continues 3 days per week (Thursday

through Saturday) until 80 percent of

the subarea quota is taken.

(B) The second season opens the day

following closure of the first season,

only in waters inside the 30-fathom (55

m) curve, and continues every day until

the subarea quota is estimated to have

been taken, or August 2, whichever is

earlier.

(C) The last season begins on August

3, with no depth restrictions, and

continues 3 days per week (Thursday

through Saturday), until the combined

Oregon subarea quotas south of Falcon

are estimated to have been taken, or

September 30, whichever is earlier.

(vii) California subarea. This sport

fishery subarea is allocated 2.6 percent

of the Oregon/California subquota,

which is 0.54 percent of the Area 2A

TAC. This area is defined as the area

south of the California border (42°00′00′′

N. lat.). The structuring objective for

this subarea is to provide anglers in

California the opportunity to fish in a

continuous, fixed season that is open

from May 1 through September 30. The

daily bag limit is one halibut per person,

with a minimum 32-in (81.3 cm) size

limit. Due to inability to monitor the

catch in this area inseason, a fixed

season will be established preseason by

NMFS based on projected catch per day

and number of days to achievement of

the subquota; no inseason adjustments

will be made, and estimates of actual

catch will be made post season.

(2) Port of landing management. All

sport fishing in Area 2A (except for fish

caught in the Washington north coast

subarea and landed in Neah Bay) will be

managed on a ‘‘port of landing’’ basis,

whereby any halibut landed into a port

will count toward the quota for the

subarea in which that port is located,

and the regulations governing the

subarea of landing apply, regardless of

the specific area of catch. The one

exception is for halibut caught west of

the Bonilla-Tatoosh line and landed in

Neah Bay, which are counted against

the Washington north coast subarea

quota, and are governed by the

regulations governing the Washington

north coast subarea.

(3) Possession limits. The sport

possession limit on land north of Cape

Falcon, OR is two daily bag limits,

regardless of condition, but only one

daily bag limit may be possessed on the

vessel. The possession limit on land

south of Cape Falcon is the same as the

bag limit.

(4) Ban on sport vessels in the

commercial fishery. Vessels operating in

the sport fishery for halibut in Area 2A

are prohibited from operating in the

commercial halibut fishery in Area 2A.

Charterboat operators must choose,

prior to May 1 of each year, whether

they will obtain a charterboat license

from the Commission or a commercial

license, but cannot obtain both. Sport

fishing for halibut in Area 2A is

prohibited from a vessel licensed to fish

commercially for halibut in Area 2A.

(g) Procedures for implementation.

Each year, NMFS will publish a

proposed rule with any regulatory

modifications necessary to implement

the Plan for the following year, with a

request for public comments. The

comment period will extend until after

the Commission’s annual meeting, so

that the public will have the

opportunity to consider the final Area

2A TAC before submitting comments.

After the Area 2A TAC is known, and

after NMFS reviews public comments,

NMFS will implement final rules

governing the sport fisheries. The final

ratio of halibut to chinook to be allowed

as incidental catch in the salmon troll

fishery will be published with the

annual salmon management measures.

Inseason actions in the sport fisheries as

stipulated in this Plan will be

accomplished by NMFS in accordance

with § 301.21(d)(3).

§ 301.24 Previous regulations superseded.

This part shall supersede all previous

regulations of the Commission, and this

part shall be effective each succeeding

year until superseded by regulations,

which will be published in the Federal

Register.

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14666 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations

Figure 1 to Part 301—Map of Regulatory Areas
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Rules and Regulations 14667

Figure 2 to Part 301—Halibut Size Limits

[FR Doc. 95–6667 Filed 3–14–95; 4:35 pm]

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