Rule2022-04639
Pacific Halibut Fisheries; Catch Sharing Plan; 2022 Annual Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2022
Effective
February 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2022 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. These measures are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council and the North Pacific Fishery Management Council.
Full Text
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<title>Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)</title>
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[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12604-12620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04639]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220225-0061]
RIN 0648-BL18
Pacific Halibut Fisheries; Catch Sharing Plan; 2022 Annual
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Assistant Administrator for Fisheries, National Oceanic
and Atmospheric Administration, on behalf of the International Pacific
Halibut Commission (IPHC), publishes as regulations the 2022 annual
management measures governing the Pacific halibut fishery that have
been recommended by the IPHC and accepted by the Secretary of State.
These measures are intended to enhance the conservation of Pacific
halibut and further the goals and objectives of the Pacific Fishery
Management Council and the North Pacific Fishery Management Council.
DATES: The IPHC's 2022 annual management measures are effective
February 18, 2022. The 2022 management measures are effective until
superseded.
ADDRESSES: Additional requests for information regarding this action
may be obtained by contacting the International Pacific Halibut
Commission, 2320 W Commodore Way, Suite 300, Seattle, WA 98199-1287; or
Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802; or Sustainable Fisheries Division, NMFS West Coast
Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232. This final
rule also is accessible via the internet at the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, identified by docket number NOAA-
NMFS-2022-0020.
FOR FURTHER INFORMATION CONTACT: For waters off Alaska, Doug Duncan,
907-586-7425; or, for waters off the U.S. West Coast, Kathryn Blair,
503-231-6858.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2022, pursuant to the Convention between Canada and
the United States for the Preservation of the Halibut Fishery of the
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended by a Protocol Amending the
Convention (signed at Washington, DC, on March 29, 1979).
As provided by the Northern Pacific Halibut Act of 1982 (Halibut
Act), the Secretary of State, with the concurrence of the Secretary of
Commerce, may accept or reject, on behalf of the United States,
regulations recommended by the IPHC in accordance with the Convention.
16 U.S.C. 773b. The Secretary of State, with the concurrence of the
Secretary of Commerce, accepted
[[Page 12605]]
the 2022 IPHC regulations on February 18, 2022.
The Halibut Act provides the Secretary of Commerce with the
authority and general responsibility to carry out the requirements of
the Convention and the Halibut Act. The Regional Fishery Management
Councils may develop, and the Secretary of Commerce may implement,
regulations governing harvesting privileges among U.S. fishermen in
U.S. waters that are in addition to, and not in conflict with, approved
IPHC regulations. The North Pacific Fishery Management Council (NPFMC)
has exercised this authority in developing halibut management programs
for three fisheries that harvest halibut in Alaska: The subsistence,
sport, and commercial fisheries. The Pacific Fishery Management Council
(PFMC) has exercised this authority by developing a catch sharing plan
governing the allocation of halibut and management of sport fisheries
on the U.S. West Coast.
The IPHC apportions catch limits for the Pacific halibut fishery
among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and
California), Area 2B (British Columbia), Area 2C (Southeast Alaska),
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and
Area 4 (which is further divided into 5 areas, 4A through 4E, in the
Bering Sea and Aleutian Islands of Western Alaska).
Subsistence and sport halibut fishery regulations for Alaska are
codified at 50 CFR part 300. Commercial halibut fisheries off Alaska
are subject to regulations resulting from the Individual Fishing Quota
(IFQ) Program, the Community Development Quota (CDQ) Program (50 CFR
part 679), and the area-specific catch sharing plans (CSPs) for Areas
2C, 3A, and Areas 4C, 4D, and 4E.
The NPFMC implemented a CSP among commercial IFQ and CDQ halibut
fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (Area 4, Western
Alaska) through rulemaking, and the Secretary of Commerce approved the
plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations are
codified at 50 CFR 300.65. New annual regulations pertaining to the
Area 4 CSP also may be implemented through IPHC action, subject to
acceptance by the Secretary of State.
The NPFMC recommended and NMFS implemented through rulemaking a CSP
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC
Regulatory Area 2C and Area 3A on January 13, 2014 (78 FR 75844,
December 12, 2013). The Area 2C and 3A CSP regulations are codified at
50 CFR 300.65. The CSP defines an annual process for allocating halibut
between the commercial and charter fisheries so that each sector's
allocation varies in proportion to halibut abundance, specifies a
public process for setting annual management measures, and authorizes
limited annual leases of commercial IFQ for use in the charter fishery
as guided angler fish (GAF).
The IPHC held its annual meeting remotely by video conference from
January 24 through 28, 2022, and recommended a number of changes to the
previous IPHC regulations (86 FR 13475, March 9, 2021). On February 18,
2022, the Secretary of State with the concurrence of the Secretary of
Commerce accepted the annual management measures, including the
following changes to Section 5, Section 29, and other Sections of the
2022 IPHC regulations:
1. New halibut catch limits in all regulatory areas. The catch
limits are presented in two tables in Section 5 that distinguish
between limits resulting from Commission decisions and those that are
from catch limits that are the responsibility of the respective United
States and Canada governments;
2. new management measures for Area 2C and Area 3A guided sport
fisheries in Section 29;
3. new harvest recordkeeping requirements for Area 2C and Area 3A
guided anglers to maintain a harvest record if a halibut annual limit
is in place in Section 29; and
4. minor technical corrections to improve consistency and clarity
throughout the IPHC regulations.
Pursuant to regulations at 50 CFR 300.62, the 2022 IPHC annual
management measures are published in the Federal Register in this
action to provide notice of their regulatory effectiveness and to
inform persons subject to the regulations of their restrictions and
requirements. Because the regulations published in this action are
applicable to the entire Convention area, these regulations include
some provisions relating to and affecting Canadian fishing and
fisheries. In separate actions, NMFS may implement more restrictive
regulations for the U.S. halibut fishery or components of it;
therefore, anglers are advised to check the current Federal and IPHC
regulations prior to fishing.
Catch Limits
The IPHC recommended to the governments of Canada and the United
States fishery catch limits for 2022 totaling 33,190,000 lb (15,055
mt). Fishery catch limits are referred to as Fishery Constant
Exploitation Yield (FCEY) by the IPHC, which is the amount of yield for
the directed Pacific halibut fisheries dependent upon allocation
agreements in each IPHC regulatory area. Coastwide, the 2022 FCEY
increased 9.4 percent over the FCEY implemented in 2021. Except for
Area 2A, the FCEY in each regulatory area increased. The FCEY for Area
2A decreased by approximately 1.3 percent relative to the 2021 catch
limit. A description of the process the IPHC used to set these catch
limits follows.
For the upcoming 2022 halibut fishing year, the IPHC conducted its
annual stock assessment using a range of updated data sources as
described in detail in the IPHC overview of data sources for the
Pacific halibut stock assessment, harvest policy, and related analyses
(IPHC-2022-AM098-10; available at <a href="http://www.iphc.int">www.iphc.int</a>). To evaluate the
Pacific halibut stock, the IPHC used an ``ensemble'' of four equally
weighted models, comprised of two long time-series models incorporating
data from 1888 to the present, and two short time-series models
incorporating data from 1996 to the present. Each time-series uses data
that are divided either by four geographical regions or aggregated into
coastwide summaries. These models incorporate data, including 2021
data, from the IPHC Fishery Independent Setline Survey (FISS), the
commercial halibut fishery, the most recent NMFS Eastern Bering Sea
trawl survey, sex-specific recreational age composition data from Area
3A, weight-at-age and male/female sex ratio estimates by region in the
directed commercial fisheries and in the FISS, commercial fishery
logbook information, and age distribution information for bycatch,
sport, and sublegal discard removals.
The results of the ensemble models are integrated and incorporate
uncertainty in natural mortality rates, environmental effects on
recruitment, and other structural and parameter categories, consistent
with practices in place since 2012. The data and assessment models used
by the IPHC are reviewed by the IPHC's Scientific Review Board
comprised of non-IPHC scientists who provide an independent scientific
review of the data and stock assessment to provide recommendations to
IPHC staff and the Commissioners. The Scientific Review Board did not
identify any substantive errors in the data or methods used in the 2022
stock assessment. NMFS believes the IPHC's data and assessments models
constitute best available science on the status of the Pacific halibut
resource.
The IPHC's data, including the FISS, indicate that the Pacific
halibut stock
[[Page 12606]]
declined continuously from the late 1990s to around 2012, largely as a
result of decreasing size at a given age (size-at-age), higher harvest
rates in the early 2000s, and weaker recruitment than observed during
the 1980s. From about 2013 to 2016, there was a slight increasing trend
in the spawning biomass, followed by a slight decline continuing into
the current assessment. Results from the 2021 stock assessment
incorporate data from an expansion of the FISS throughout the survey
range over the 2011-2019 period. Among other things, improvements in
the FISS spatial coverage enhance understanding of spatial and temporal
Pacific halibut density, and reduces the uncertainty in the weight per
unit effort (WPUE) and number per unit effort (NPUE) indices.
Overall, the spawning biomass is estimated to be approximately
191,000,000 lb (86,636.14 mt) at the beginning of 2022. The stock is
currently estimated to be at 33 percent of its unfished state. This
estimate reflects updated calculations recommended during stock
assessment external review and review by the Scientific Review Board,
as well as developments in the IPHC Management Strategy Evaluation.
The IPHC's current interim management procedure that was adopted in
2020 strives to maintain the total mortality of halibut across its
range from all sources based on a reference level of fishing intensity
so that the Spawning Potential Ratio (SPR) is equal to 43 percent. The
reference fishing intensity of F43 percent SPR seeks to allow a level
of fishing intensity that is expected to result in approximately 43
percent of the spawning biomass per recruit compared to an unfished
stock (i.e., no fishing mortality). Lower F values would be expected to
result in higher fishing intensity. The 2021 stock assessment and
estimates of fishing intensity were enhanced by newly available data on
the male/female sex ratio for the 2020 commercial fishery landings.
Combined with similar data collected from 2017 to 2019 in the
commercial fisheries, the information on the sex ratio affected the
treatment of the stock assessment data for the directed commercial
fishery in the stock assessment models; it did not change the treatment
or sex ratio estimates of the mortalities associated with the
recreational, subsistence, or non-directed halibut fisheries.
The IPHC harvest decision table (Table 3 in IPHC-2022-AM098-10;
available at <a href="http://www.iphc.int">www.iphc.int</a>) provides a comparison of the relative risk
of a decrease in stock biomass, stock status, or fishery metrics, for a
range of fishing intensities for 2022. The harvest decision table
employs two metrics of fishing mortality: (1) The Total Constant
Exploitation Yield (TCEY), which includes harvests and incidental
discard mortality from directed commercial fisheries, mortality
estimates from sport, subsistence, and personal use, and estimates of
non-directed discard mortality of halibut over 26 inches (66.0 cm);
and, (2) Total Mortality, which includes all the above sources of
mortality, plus estimates of non-directed discard mortality of halibut
less than 26 inches (66.0 cm) (U26). Although U26 halibut mortality is
factored into the stock assessment and harvest strategy calculations,
there is currently no reliable tool for describing the annual coastwide
distribution of U26 halibut.
For 2022, the IPHC adopted a TCEY totaling 41,220,000 lb (18,697
mt) coastwide. This corresponds to a fishing intensity of approximately
F43 percent, which is consistent with the target level of fishing
intensity used to establish the TCEY for 2021. The 2022 TCEY is
2,220,000 lb (1,007.0 mt) greater than the TCEY adopted in 2021.
The IPHC noted this management approach represents a relatively
conservative level of harvest that considers the inherent uncertainties
in the stock assessment models. The IPHC noted that under a broad range
of catch limits, including highly restrictive catch limits, the halibut
spawning biomass is likely to decrease based on the best available
scientific information. In making its recommendation, the IPHC
considered likely stock status and uncertainties, as well as the
significant social and economic impacts of catch limits among areas.
At a 41,220,000 lb (18,697 mt) TCEY, the IPHC estimates that the
spawning biomass will likely decrease from 2023 to 2025 relative to
2022. Specifically, the IPHC estimates there is a 59 percent
probability that the spawning biomass will decrease in 2023 relative to
2022, and there is a 25 percent probability that the decrease in 2023
will be at least 5 percent of the 2022 spawning biomass. The IPHC also
noted that if the reference level of fishing intensity continues, the
probability of a spawning biomass decrease is expected to decline as
the strong 2012 cohort matures. The factors that the IPHC considered in
making their TCEY recommendations are described in the 2022 Annual
Meeting Report (IPHC-2022-AM098-R; available at <a href="http://www.iphc.int">www.iphc.int</a>) and the
key recommendations are briefly summarized here.
This final rule does not establish the combined commercial and
recreational catch limit for Area 2B (British Columbia), which is
subject to rulemaking by the Canada and British Columbia governments.
However, the IPHC's recommendation for the Area 2B catch limit is
directly related to the current and future U.S. catch limits
established by this final rule and is therefore discussed herein. The
IPHC recommended a 2022 TCEY of 7,560,000 lb (3,429 mt) for Area 2B,
which equates to 18.3 percent of the total coastwide TCEY. The IPHC
made this recommendation after considering recent historic harvests in
Area 2B, the distribution of the TCEY in Area 2B as estimated from the
FISS under the current interim management procedure, and other factors
described in the 2022 Annual Meeting Report (IPHC-2022-AM098-R;
available at <a href="http://www.iphc.int">www.iphc.int</a>).
The IPHC recommended an allocation to Area 2A that would provide a
TCEY of 1,650,000 lb (748 mt) with a combined commercial, tribal, and
recreational catch limit of 1,490,000 lb (676 mt). This allocation is
larger than the catch limit that would apply to Area 2A under the
adopted fishing intensity of F43 percent and the proportion of the
stock as estimated from the FISS under the current interim management
procedure. To achieve the Area 2A and Area 2B allocations and still
maintain the target coastwide fishing intensity of F43 percent, the
IPHC recommended an overall reduction in catch limits in other IPHC
regulatory areas in U.S. waters that are intended to maintain total
mortality to the adopted fishing intensity of F43 percent.
After the allocations for Areas 2A and 2B are accounted for, the
IPHC apportioned the remaining TCEY to the Alaska regulatory areas
(Areas 2C through Area 4) after considering the distribution of
harvestable biomass of halibut based on the FISS, as well as 2021
harvest rates, the recommendations from the IPHC's advisory boards,
public input, and social and economic factors. All U.S. areas
maintained or increased in TCEY relative to 2021 (see Table 1). The
largest increase was 25 percent in Area 3B, while Areas 2C, 3A, 4A, 4B,
and 4CDE received increases ranging from 1.9 percent to 3.9 percent
relative to 2021. Area 2A received the same TCEY in 2022 as it did in
2021. The IPHC determined that the 2022 catch limit recommendations are
consistent with its conservation objectives for the halibut stock and
its management objectives for the halibut fisheries.
The IPHC also considered the Catch Sharing Plan for Area 4CDE
developed by the NPFMC in its catch limit recommendation. The Area 4CDE
catch limit is determined by subtracting
[[Page 12607]]
estimates of the Area 4CDE subsistence harvests, commercial discard
mortality, and non-directed discard mortality of halibut over 26 inches
(66.0 cm) from the area TCEY. When the resulting Area 4CDE catch limit
is greater than 1,657,600 lb (751.87 mt), a direct allocation of 80,000
lb (36.29 mt) is made to Area 4E to provide CDQ fishermen in that area
with additional harvesting opportunity. After this 80,000 lb (36.29 mt)
allocation is deducted from the catch limit, the remainder is divided
among Areas 4C, 4D, and 4E according to the percentages specified in
the CSP. Those percentages are 46.43 percent each to 4C and 4D, and
7.14 percent to 4E. For 2021, the IPHC recommended a catch limit for
Area 4CDE of 2,060,000 lb (934 mt).
Table 1--Percent Change in TCEY Mortality Limits From 2021 to 2022 by IPHC Regulatory Area
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2021 total mortality 2022 total mortality Change from
Regulatory area limit (lb) limit (lb) 2021 (percent)
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2A................................................ 1,650,000 (748 mt) 1,650,000 (748 mt) 0.0
2B................................................ 7,000,000 (3,175 mt) 7,560,000 (3,429 mt) 8.0
2C................................................ 5,800,000 (2,631 mt) 5,910,000 (2,681 mt) 1.9
3A................................................ 14,000,000 (6,350 mt) 14,550,000 (6,600 mt) 3.9
3B................................................ 3,120,000 (1,415 mt) 3,900,000 (1,769 mt) 25.0
4A................................................ 2,050,000 (930 mt) 2,100,000 (953 mt) 2.4
4B................................................ 1,400,000 (635 mt) 1,450,000 (658 mt) 3.6
4CDE.............................................. 3,980,000 (1,805 mt) 4,100,000 (1,860 mt) 3.0
Coastwide......................................... 39,000,000 (17,690 41,220,000 (18,697 5.7
mt) mt)
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Commercial Halibut Fishery Opening and Closing Dates
The IPHC considers advice from the IPHC's two advisory boards, as
well as direct testimony from the public, when selecting opening and
closing dates for the commercial halibut fishery. The 2022 commercial
halibut fishery opening date for all IPHC regulatory areas is March 6,
2022. The closing date for the commercial halibut fisheries in all IPHC
regulatory areas is December 7, 2022. These commercial season dates are
the same season dates adopted by the IPHC in 2021; they result in a
longer season compared to years prior to 2021 when the commercial
halibut fisheries opened mid-March and closed mid-November. The
extended season maintains harvesting and market flexibility that
stakeholders have identified as important during the current period of
uncertainty. These commercial season dates are not expected to result
in detrimental conservation effects. The season dates allow for the
anticipated time required to fully harvest the commercial halibut catch
limits, seasonal holidays, and adequate time for IPHC staff to review
the complete record of 2021 commercial catch data for use in the stock
assessment process. The IPHC also considered the time required for the
administrative tasks that are linked to halibut regulations developed
independently by the domestic partners when establishing these season
dates.
For Area 2A, the IPHC recommended that the non-treaty directed
commercial fishery will open for 58 hours, beginning at 0800 hours on
June 28 and close at 1800 hours on June 30. After this first opening,
if the IPHC determines that the fishing limit has not been exceeded, it
may announce a second fishing period of up to three fishing days to
begin on Tuesday two weeks after the first period opens. This season
structure is consistent with the approach used during 2021 in Area 2A.
Specific fishing period limits (vessel quota) will be determined and
communicated by IPHC.
Area 2A Catch Sharing Plan
The NMFS West Coast Region has published a proposed rule (February
17, 2022, 87 FR 9021), with public comments accepted for 15 days, to
approve the Pacific halibut CSP for Area 2A off Washington, Oregon, and
California and implement annual management measures for Area 2A as
recommended by the PFMC in the CSP. These annual management measures
include sport fishery allocations and management measures for Area 2A
which are not implemented through the IPHC. NMFS will address any
comments received in a final rule. The proposed and final rules for the
Area 2A CSP will be available on the NMFS West Coast Region's website
at <a href="https://www.fisheries.noaa.gov/action/2022-pacific-halibut-catch-sharing-plan">https://www.fisheries.noaa.gov/action/2022-pacific-halibut-catch-sharing-plan</a> and also at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Catch Sharing Plan for Area 2C and Area 3A
In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP
defines an annual process for allocating halibut between the charter
and commercial fisheries in Area 2C and Area 3A, and establishes
allocations for each fishery. Under the CSP, the IPHC recommends
combined catch limits (CCLs) for the charter and commercial halibut
fisheries in Area 2C and Area 3A. Each CCL includes estimates of
discard mortality for each fishery. The CSP was implemented to achieve
the halibut fishery management goals of the NPFMC. More information is
provided in the final rule implementing the CSP (78 FR 75844, December
12, 2013). Implementing regulations for the CSP are at 50 CFR 300.65.
The Area 2C and Area 3A CSP allocations are located in Tables 1 through
4 of subpart E of 50 CFR part 300. To allow additional flexibility for
individual commercial and charter fishery participants, the CSP also
authorizes annual transfers of commercial halibut IFQ as GAF to charter
halibut permit holders for harvest in the charter fishery. GAF
regulations for the CSP are at 50 CFR 300.65.
At its January 2022 meeting, the IPHC recommended a CCL of
4,460,000 lb (2,023 mt) for Area 2C. Following the CSP allocations in
Tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery is
allocated 820,000 lb (372 mt) of the CCL and the remainder of the CCL,
3,650,000 lb (1,656 mt) is allocated to the commercial fishery. Discard
mortality in the amount of 140,000 lb (63.5 mt) was deducted from the
commercial allocation to obtain the commercial catch limit of 3,510,000
lb (1,592.1 mt). The commercial allocation (including discard
mortality) increased by 50,000 lb (22.7 mt), or 1.4 percent, from the
2021 allocation of 3,600,000 lb (1,632.9 mt). The 2022 Area 2C charter
allocation of 820,000 lb (372 mt) is 10,000 lb (4.5 mt), or 1.2 percent
more than the 2021 charter sector allocation of 810,000 lb (367.41 mt).
The IPHC recommended a CCL of 12,070,000 lb (5,475 mt) for Area 3A.
[[Page 12608]]
Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR
part 300, the charter fishery is allocated 2,110,000 lb (957 mt) of the
CCL and the remainder of the CCL, 9,960,000 lb (4,518 mt), is allocated
to the commercial fishery. Discard mortality in the amount of 410,000
lb (185.9 mt) was deducted from the commercial allocation to obtain the
commercial catch limit of 9,550,000 lb (4,331.8 mt). The commercial
allocation (including discard mortality) increased by about 770,000 lb
(349.3 mt), or 8.4 percent, from the 2021 allocation of 9,190,000 lb
(4,168.51 mt). The charter allocation increased by 160,000 lb (72.6
mt), or 8.2 percent, from the 2021 allocation of 1,950,000 lb (884.51
mt).
Charter Halibut Management Measures for Area 2C and Area 3A
Guided (charter) recreational halibut anglers are managed under
different regulations than unguided recreational halibut anglers in
Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR
300.61, a charter vessel angler means a person, paying or non-paying,
receiving sport fishing guide services for halibut. Sport fishing guide
services means assistance, for compensation or with the intent to
receive compensation, to a person who is sport fishing, to take or
attempt to take halibut by accompanying or physically directing the
sport fisherman in sport fishing activities during any part of a
charter vessel fishing trip. A charter vessel fishing trip is the time
period between the first deployment of fishing gear into the water from
a charter vessel by a charter vessel angler and the offloading of one
or more charter vessel anglers or any halibut from that vessel. The
charter fishery regulations described below apply only to charter
vessel anglers receiving sport fishing guide services during a charter
vessel fishing trip for halibut in Area 2C or Area 3A. These
regulations do not apply to unguided recreational anglers in any
regulatory area in Alaska, or guided anglers in areas other than Areas
2C and 3A.
To provide recommendations for annual management measures intended
to limit charter harvest to the charter catch allocation, the NPFMC
formed the Charter Halibut Management Committee (Committee) as a
stakeholder advisory body. The Committee is composed of representatives
from the charter fishing industry in Areas 2C and 3A who provide input
on the preferred range of charter management measures each year. In
October 2021, the Committee began their annual process by requesting
analysis of management measures that would result in charter halibut
removals within the range of expected allocations for each area. In
addition, this annual analysis, which is prepared by the Alaska
Department of Fish Game (ADFG), includes information about charter
harvests in the prior year. The Analysis of Management Options for the
Area 2C and 3A Charter Halibut Fisheries for 2022 (charter halibut
analysis) is available at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>.
Management of charter halibut fishing in Areas 2C and 3A has been
challenging in recent years. The 2020 charter fishing season was
greatly impacted by the coronavirus pandemic, resulting in an
unexpected and significant drop in charter fishing effort and harvest.
The NPFMC and IPHC responded with revised management measures (June 19,
2020, 85 FR 37024). Despite these liberalized management measures, 2020
charter halibut harvests were 36.0 percent below the Area 2C
allocation, and 6.6 percent below the Area 3A allocation. Expecting a
similar reduction in charter halibut harvest due to the ongoing
coronavirus pandemic conditions and associated travel restrictions, the
2021 management measures included a buffer to account for reductions in
charter harvest anticipated to be similar to 2020 in order to allow the
sector to more completely use its allocation (86 FR 13475, March 9,
2021). However, the charter halibut analysis found that the 2021
charter halibut harvests were 42.5 percent above the Area 2C
allocation, and 25.9 percent above the Area 3A allocation. Overall,
2021 charter halibut harvests were significantly higher than expected
despite challenging pandemic conditions and continuing uncertainty.
Communities that are highly dependent on cruise ship tourism, which was
significantly reduced in 2021, did experience significant reductions in
charter halibut harvests relative to historical conditions.
After reviewing the charter halibut analysis, the Committee made
conservative recommendations for preferred management measures to the
NPFMC for 2022. These recommendations are intended to provide equitable
harvest opportunity across charter business arrangements and maintain
total charter harvests within the 2022 allocations for both Areas 2C
and 3A. These recommendations do not include an additional buffer as
was adopted in the 2021 management measures. The NPFMC considered the
charter halibut analysis, the recommendations of the Committee, and
public testimony to develop its recommendation to the IPHC. The IPHC
took action consistent with the NPFMC's recommendations. The NPFMC has
used this process to select and recommend annual management measures to
the IPHC since 2012.
The IPHC recognizes the role of the NPFMC to develop policy and
regulations that allocate the Pacific halibut resource among fishermen
in and off Alaska, and that NMFS has developed numerous regulations to
support the NPFMC's goals of limiting charter harvests. For 2022, the
IPHC concluded that in Area 3A, despite an 8.2 percent increase in the
charter catch limit relative to 2021, the 2022 management measures
should be more conservative than those adopted in 2021 given the high
charter halibut removals observed in 2021. For the same reasons, for
Area 2C, despite an increase in the charter catch limit relative to
2021, the IPHC concluded that the 2022 management measures should be
more conservative than those adopted in 2021. The IPHC's
recommendations are consistent with the recommendations of the NPFMC
and the Committee. The IPHC determined that limiting charter harvests
by implementing the management measures discussed below would meet
conservation and allocation objectives.
Management Measures for Charter Vessel Fishing in Area 2C
For 2022 in Area 2C, the IPHC recommended the continuation of a
one-fish daily bag limit with a reverse slot limit that prohibits a
person on board a charter vessel referred to in 50 CFR 300.65 and
fishing in Area 2C from taking or possessing any halibut, with head on,
that is greater than 40 inches (101.6 cm) and less than 80 inches
(203.2 cm). The charter halibut size limits referenced in this document
are as measured in a straight line, passing over the pectoral fin from
the tip of the lower jaw with mouth closed, to the extreme end of the
middle of the tail. These measures are projected to yield 814,000 lb
(369.2 mt) of charter removals, which is 6,000 lb (2.7 mt) and 0.7
percent below the Area 2C charter allocation. Reverse slot limits have
proven an effective tool to limit the number and pounds of retained
halibut. These are more conservative than the primary management
measures for Area 2C in 2021, which were one halibut per charter
angler, less than or equal to 50 inches (127.0 cm) or greater than 72
inches (182.9 cm). The NPFMC and IPHC considered information on charter
removals in 2021 and for previous years, the projections of charter
harvest, and the charter allocation. With this
[[Page 12609]]
information, the NPFMC and IPHC determined that more conservative
management measures in Area 2C, relative to the 2021 measures, were
appropriate to limit charter removals to the 2022 allocation.
Management Measures for Charter Vessel Fishing in Area 3A
For 2022, the IPHC recommended the following management measures
for Area 3A: (1) A two-fish bag limit with a 28-inch (71.1 cm) maximum
size limit on one of the halibut; (2) a one-trip per day limit for
charter vessels and for charter halibut permits for the entire season;
(3) prohibition on halibut retention by charter vessel anglers on all
Wednesdays; and, (4) prohibition on halibut retention by charter vessel
anglers on the following Tuesdays: July 26 and August 2. The projected
charter harvest for 2022 under this combination of recommended measures
is 2,096,000 lb (950.7 mt), which is 14,000 lb (6.4 mt) and 0.7 percent
below the charter allocation. Each of these management measures is
described in the following section.
These management measures are more conservative than the primary
management measures for Area 3A in 2021 when an overage occurred. The
NPFMC and IPHC considered information on charter removals in 2021 and
for previous years, the projections of charter harvest, and the charter
allocation. With this information, the NPFMC and IPHC determined that
more restrictive management measures in Area 3A, relative to the 2021
measures, were appropriate to limit charter removals to the 2022
allocation.
Size Limit for Halibut Retained on a Charter Vessel in Area 3A
The 2022 charter halibut fishery in Area 3A will be managed under a
two-fish daily bag limit in which one of the retained halibut may be of
any size and one of the retained halibut must be 28 inches (71.1 cm) or
less. The 28 inch (71.1 cm) second fish maximum size limit was in
effect from 2016 through 2019 in Area 3A.
Trip Limit for Charter Vessels Harvesting Halibut in Area 3A
Charter halibut permits and charter vessels in 2022 are authorized
only for use to catch and retain halibut on one charter halibut fishing
trip per day in Area 3A. If no halibut are retained during a charter
vessel fishing trip, the charter halibut permit and vessel may be used
to take an additional trip to catch and retain halibut that day. These
regulations have been in place each year since 2016, and have proven to
be effective in controlling halibut harvests.
For purposes of the trip limit in Area 3A in 2022, a charter vessel
fishing trip will end when anglers or halibut are offloaded, or at the
end of the calendar day, whichever occurs first. Charter operators are
still able to conduct overnight trips and anglers may retain a bag
limit of halibut on two calendar days, but operators are not allowed to
begin another overnight trip until the day after the trip ends. GAF
halibut are exempt from the trip limit. Therefore, GAF may be used to
harvest halibut on a second trip in a day, but only if exclusively GAF
halibut are harvested on that trip.
Day-of-Week Closures in Area 3A
The NPFMC and the IPHC recommended a closure on retaining halibut
by charter vessel anglers on all Wednesdays and on two Tuesdays--July
26 and August 2--for Area 3A in 2022. Retention of GAF halibut is
allowed on charter vessels on closed days, but all other halibut that
are caught while fishing on a charter vessel must be released. The day
of week closures effectively decrease the charter halibut harvest to
help stay within the allocation.
Other Regulatory Amendments
Recordkeeping and Reporting Requirements for Charter Vessel Anglers
With an Annual Limit
The recordkeeping requirements needed to enforce annual limits for
charter vessel anglers in Area 2C and Area 3A were added to the general
provisions of Section 29(1). This eliminates the need to annually add
or remove the specifications for the harvest record card required when
an annual limit is selected as a charter management measure in either
Area 2C or 3A.
Additionally, Section 29(3) was amended to allow the use of ADFG-
approved electronic harvest records for charter vessel anglers in Areas
2C and 3A, if those areas are subject to an annual limit on the number
of Pacific halibut that may be retained. Under the amended regulations,
existing approved physical harvest records will also continue to be
accepted. This creates regulatory consistency for anglers who
concurrently retain halibut as well as State managed species for which
there is an annual limit.
Technical Changes for Improved Consistency and Clarity
``Authorized representative of the Commission'' was defined in
Section 3 as ``any IPHC employee or contractor authorized to perform
any task described in these Regulations.'' This clarifies the existing
intent of ``an authorized representative of the Commission'' where used
in the IPHC regulations. Additionally, minor modifications were made to
capitalization and list formatting throughout the IPHC regulations.
These amendments improve consistency and clarity but do not result in
substantive changes to the IPHC regulations.
International Pacific Halibut Commission Fishery Regulations 2022
(Annual Management Measures)
The following annual management measures for the 2022 Pacific
halibut fishery are those recommended by the IPHC and accepted by the
Secretary of State, with the concurrence of the Secretary of Commerce.
1. Short Title
These Regulations may be cited as the International Pacific Halibut
Commission (IPHC) Fishery Regulations (2022).
2. Application
(1) These Regulations apply to persons and vessels fishing for
Pacific halibut in, or possessing Pacific halibut taken from, the
maritime area as defined in Section 3.
(2) Sections 3 to 8 and 30 apply generally to all Pacific halibut
fishing.
(3) Sections 8 to 23 apply to commercial fishing for Pacific
halibut.
(4) Section 24 applies to Indigenous fisheries in British Columbia.
(5) Section 25 applies to customary and traditional fishing in
Alaska.
(6) Sections 26 to 29 apply to recreational (also called sport)
fishing for Pacific halibut.
(7) These Regulations do not apply to fishing operations authorized
or conducted by the Commission for research purposes.
3. Definitions
(1) In these Regulations,
(a) ``authorized officer'' means any State, Federal, or Provincial
officer authorized to enforce these Regulations including, but not
limited to, the National Marine Fisheries Service (NOAA Fisheries),
Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers
(AWT), United States Coast Guard (USCG), Washington Department of Fish
and Wildlife (WDFW), the Oregon State Police (OSP), and California
Department of Fish and Wildlife (CDFW);
(b) ``authorized clearance personnel'' means an authorized officer
of the
[[Page 12610]]
United States of America, an authorized representative of the
Commission, or a designated fish processor;
(c) ``authorized representative of the Commission'' means any IPHC
employee or contractor authorized to perform any task described in
these Regulations.
(d) ``charter vessel'' outside of Alaska waters means a vessel used
for hire in recreational (sport) fishing for Pacific halibut, but not
including a vessel without a hired operator, and in Alaska waters means
a vessel used while providing or receiving recreational (sport) fishing
guide services for Pacific halibut;
(e) ``commercial fishing'' means fishing, the resulting catch of
which is sold or bartered; or is intended to be sold or bartered, other
than (i) recreational (sport) fishing; (ii) treaty Indian ceremonial
and subsistence fishing as referred to in Section 23, (iii) Indigenous
groups fishing in British Columbia as referred to in Section 24; and
(iv) customary and traditional fishing as referred to in Section 25 and
defined by and regulated pursuant to NOAA Fisheries regulations
published at 50 CFR part 300;
(f) ``Commission'' or ``IPHC'' means the International Pacific
Halibut Commission;
(g) ``daily bag limit'' means the maximum number of Pacific halibut
a person may take in any calendar day from Convention waters;
(h) ``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 gear anywhere in the
maritime area;
(i) ``fishing period limit'' means the maximum amount of Pacific
halibut that may be retained and landed by a vessel during one fishing
period;
(j) ``land'' or ``offload'' with respect to Pacific halibut, means
the removal of Pacific halibut from the catching vessel;
(k) ``license'' means a Pacific halibut fishing license issued by
the Commission pursuant to Section 15;
(l) ``maritime area,'' in respect of the fisheries jurisdiction of
a Contracting Party, includes without distinction areas within and
seaward of the territorial sea and internal waters of that Party;
(m) ``net weight'' of a Pacific halibut means the weight of Pacific
halibut that is without gills and entrails, head-off, washed, and
without ice and slime. If a Pacific halibut is weighed with the head on
or with ice and slime, the required conversion factors for calculating
net weight are a 2 percent deduction for ice and slime and a 10 percent
deduction for the head;
(n) ``operator,'' with respect to any vessel, means the owner and/
or the master or other individual on board and in charge of that
vessel;
(o) ``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);
(p) ``person'' includes an individual, corporation, firm, or
association;
(q) ``regulatory area'' means an IPHC Regulatory Area referred to
in Section 4;
(r) ``setline gear'' means one or more stationary, buoyed, and
anchored lines with hooks attached;
(s) ``sport fishing'' or ``recreational fishing'' means all fishing
other than (i) commercial fishing; (ii) treaty Indian ceremonial and
subsistence fishing as referred to in Section 23; (iii) Indigenous
groups fishing in British Columbia as referred to in Section 24; and
(iv) customary and traditional fishing as referred to in Section 25 and
defined in and regulated pursuant to NOAA Fisheries regulations
published in 50 CFR part 300;
(t) ``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;
(u) ``VMS transmitter'' means a NOAA Fisheries-approved vessel
monitoring system transmitter that automatically determines a vessel's
position and transmits it to a NOAA Fisheries-approved communications
service provider.\1\
---------------------------------------------------------------------------
\1\ Call NOAA Enforcement Division, Alaska Region, at 907-586-
7225 between the hours of 0800 and 1600 local time for a list of
NOAA Fisheries-approved VMS transmitters and communications service
providers.
---------------------------------------------------------------------------
(2) In these Regulations, all bearings are true and all positions
are determined by the most recent charts issued by the United States
National Ocean Service or the Canadian Hydrographic Service.
4. IPHC Regulatory Areas
The following areas within the IPHC Convention waters shall be
defined as IPHC Regulatory Areas for the purposes of the Convention
(see Figure 1):
(1) IPHC Regulatory Area 2A includes all waters off the states of
California, Oregon, and Washington;
(2) IPHC Regulatory Area 2B includes all waters off British
Columbia;
(3) IPHC Regulatory Area 2C includes all waters off Alaska that are
east of a line running 340[deg] true from Cape Spencer Light
(58[deg]11'56'' N latitude, 136[deg]38'26'' W longitude) and south and
east of a line running 205[deg] true from said light;
(4) IPHC Regulatory Area 3A includes all waters between Area 2C and
a line extending from the most northerly point on Cape Aklek
(57[deg]41'15'' N latitude, 155[deg]35'00'' W longitude) to Cape Ikolik
(57[deg]17'17'' N latitude, 154[deg]47'18'' W longitude), then along
the Kodiak Island coastline to Cape Trinity (56[deg]44'50'' N latitude,
154[deg]08'44'' W longitude), then 140[deg] true;
(5) IPHC Regulatory Area 3B includes all waters between Area 3A and
a line extending 150[deg] true from Cape Lutke (54[deg]29'00'' N
latitude, 164[deg]20'00'' W longitude) and south of 54[deg]49'00'' N
latitude in Isanotski Strait;
(6) IPHC Regulatory Area 4A includes all waters in the Gulf of
Alaska west of Area 3B and in the Bering Sea west of the closed area
defined in Section 10 that are east of 172[deg]00'00'' W longitude and
south of 56[deg]20'00'' N latitude;
(7) IPHC Regulatory Area 4B includes all waters in the Bering Sea
and the Gulf of Alaska west of IPHC Regulatory Area 4A and south of
56[deg]20'00'' N latitude;
(8) IPHC Regulatory Area 4C includes all waters in the Bering Sea
north of IPHC Regulatory Area 4A and north of the closed area defined
in Section 10 which are east of 171[deg]00'00'' W longitude, south of
58[deg]00'00'' N latitude, and west of 168[deg]00'00'' W longitude;
(9) IPHC Regulatory Area 4D includes all waters in the Bering Sea
north of IPHC Regulatory Areas 4A and 4B, north and west of IPHC
Regulatory Area 4C, and west of 168[deg]00'00'' W longitude; and
(10) IPHC Regulatory Area 4E includes all waters in the Bering Sea
north and east of the closed area defined in Section 10, east of
168[deg]00'00'' W longitude, and south of 65[deg]34'00'' N latitude.
5. Mortality and Fishery Limits
(1) The Commission has adopted the following distributed mortality
(TCEY) limits:
[[Page 12611]]
------------------------------------------------------------------------
Distributed mortality limits
(TCEY) (net weight)
IPHC regulatory area -------------------------------
Million pounds
Tonnes (t) (Mlb)
------------------------------------------------------------------------
Area 2A (California, Oregon, and 748 1.65
Washington)............................
Area 2B (British Columbia).............. 3,429 7.56
Area 2C (southeastern Alaska)........... 2,681 5.91
Area 3A (central Gulf of Alaska)........ 6,600 14.55
Area 3B (western Gulf of Alaska)........ 1,769 3.90
Area 4A (eastern Aleutians)............. 953 2.10
Area 4B (central/western Aleutians)..... 658 1.45
Areas 4CDE (Bering Sea)................. 1,860 4.10
-------------------------------
Total............................... 18,697 41.22
------------------------------------------------------------------------
(2) The fishery limits resulting from the IPHC-adopted distributed
mortality (TCEY) limits and the existing Contracting Party catch
sharing arrangements are as follows, recognizing that each Contracting
Party may implement more restrictive limits:
------------------------------------------------------------------------
Fishery limits (net weight)
-------------------------------
IPHC regulatory area Million pounds
Tonnes (t) (Mlb) *
------------------------------------------------------------------------
Area 2A (California, Oregon, and 676 1.49
Washington)............................
Non-treaty directed commercial 115 * 252,730
(south of Pt. Chehalis)............
Non-treaty incidental catch in 20 * 44,599
salmon troll fishery...............
Non-treaty incidental catch in 23 * 50,000
sablefish fishery (north of Pt.
Chehalis)..........................
Treaty Indian commercial............ 226 * 498,000
Treaty Indian ceremonial and 11 * 23,500
subsistence (year-round)...........
Recreational--Washington............ 134 * 294,786
Recreational--Oregon................ 130 * 287,645
Recreational--California............ 18 * 38,740
Area 2B (British Columbia).............. 3,044 6.71
Commercial fishery.................. 2,587 5.70
Recreational fishery................ 457 1.01
Area 2C (southeastern Alaska) (combined 2,023 4.46
commercial/guided recreational)........
Commercial fishery (includes 3.51 1,656 3.65
Mlb landings and 0.14 Mlb discard
mortality).........................
Guided recreational fishery 372 0.82
(includes landings and discard
mortality).........................
Area 3A (central Gulf of Alaska) 5,475 12.07
(combined commercial/guided
recreational)..........................
Commercial fishery (includes 9.55 4,518 9.96
Mlb landings and 0.41 Mlb discard
mortality).........................
Guided recreational fishery 957 2.11
(includes landings and discard
mortality).........................
Area 3B (western Gulf of Alaska)........ 1,520 3.35
Area 4A (eastern Aleutians)............. 798 1.76
Area 4B (central/western Aleutians)..... 581 1.28
Areas 4CDE.............................. 934 2.06
Area 4C (Pribilof Islands).......... 417 0.92
Area 4D (northwestern Bering Sea)... 417 0.92
Area 4E (Bering Sea flats).......... 100 0.22
-------------------------------
Total........................... 15,055 33.19
------------------------------------------------------------------------
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share
Plan are listed in pounds.
6. In-Season Actions
(1) The Commission is authorized to establish or modify regulations
during the season after determining that such action:
(a) Will not result in exceeding the fishery limit established
preseason for each IPHC Regulatory Area;
(b) is consistent with the Convention between Canada and the United
States of America for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea, and applicable domestic law of
either Canada or the United States of America; and
(c) is consistent, to the maximum extent practicable, with any
domestic catch sharing plans or other domestic allocation programs
developed by the governments of Canada or the United States of America.
(2) In-season actions may include, but are not limited to,
establishment or modification of the following:
(a) Closed areas;
(b) fishing periods;
(c) fishing period limits;
(d) gear restrictions;
(e) recreational (sport) bag limits;
(f) size limits; or
(g) vessel clearances.
(3) In-season changes will be effective at the time and date
specified by the Commission.
(4) The Commission will announce in-season actions under this
Section by providing notice to major Pacific halibut processors;
Federal, State, United States of America treaty Indian, and Provincial
fishery officials; and the media.
7. Careful Release of Pacific Halibut
(1) All Pacific halibut that are caught and are not retained shall
be immediately released outboard of the roller and returned to the sea
with a minimum of injury by:
[[Page 12612]]
(a) Hook straightening;
(b) cutting the gangion near the hook; or
(c) carefully removing the hook by twisting it from the Pacific
halibut with a gaff.
(2) Except that paragraph (1) shall not prohibit the possession of
Pacific halibut on board a vessel that has been brought aboard to be
measured to determine if the applicable size limit of the Pacific
halibut is met and, if not legal-sized, is promptly returned to the sea
with a minimum of injury.
8. Retention of Tagged Pacific Halibut
(1) Nothing contained in these Regulations prohibits any vessel at
any time from retaining and landing a Pacific halibut that bears a
Commission external tag at the time of capture, if the Pacific halibut
with the tag still attached is reported at the time of landing and made
available for examination by an authorized representative of the
Commission or by an authorized officer.
(2) After examination and removal of the tag by an authorized
representative of the Commission or an authorized officer, the Pacific
halibut:
(a) May be retained for personal use; or
(b) may be sold only if the Pacific halibut is caught during
commercial Pacific halibut fishing and complies with the other
commercial fishing provisions of these Regulations.
(3) Any Pacific halibut that bears a Commission external tag will
not count against commercial fishing period limits, Individual Vessel
Quotas (IVQ), Individual Transferable Quota (ITQ), Community
Development Quotas (CDQ), or Individual Fishing Quotas (IFQ), and are
not subject to size limits in these regulations, but should still be
recorded in the landing record.
(4) Any Pacific halibut that bears a Commission external tag will
not count against recreational (sport) daily bag limits or possession
limits, may be retained outside of recreational (sport) fishing
seasons, and are not subject to size limits in these regulations.
(5) Any Pacific halibut that bears a Commission external tag will
not count against daily bag limits, possession limits, or fishery
limits in the fisheries described in Section 23, paragraph (1)(c),
Section 24, or Section 25.
9. Commercial Fishing Periods
(1) The fishing periods for each IPHC Regulatory Area apply where
the fishery limits specified in Section 5 have not been taken.
(2) Unless the Commission specifies otherwise, commercial fishing
for Pacific halibut in all IPHC Regulatory Areas may begin no earlier
in the year than 1200 local time on 6 March.
(3) All commercial fishing for Pacific halibut in all IPHC
Regulatory Areas shall cease for the year at 1200 local time on 7
December.
(4) The first fishing period in the IPHC Regulatory Area 2A non-
tribal directed commercial fishery \2\ shall begin at 0800 on the
fourth Tuesday in June and terminate at 1800 local time on the
subsequent Thursday, unless the Commission specifies otherwise. If the
Commission determines that the fishery limit specified for IPHC
Regulatory Area 2A in Section 5 has not been exceeded, it may announce
a second fishing period of up to three fishing days to begin on Tuesday
two weeks after the first period, and, if necessary, a third fishing
period of up to three fishing days to begin on Tuesday four weeks after
the first period.
---------------------------------------------------------------------------
\2\ The non-tribal directed fishery is restricted to waters that
are south of Point Chehalis, Washington, (46[deg]53.30' N latitude)
under regulations promulgated by NOAA Fisheries and published in the
Federal Register.
---------------------------------------------------------------------------
(5) Notwithstanding paragraph (4), and paragraph (6) of Section 12,
an incidental catch fishery \3\ is authorized during the sablefish
seasons in IPHC Regulatory Area 2A in accordance with regulations
promulgated by NOAA Fisheries. This fishery will occur between the
dates and times listed in paragraphs (2) and (3) of this Section.
---------------------------------------------------------------------------
\3\ The incidental fishery during the directed, fixed gear
sablefish season is restricted to waters that are north of Point
Chehalis, Washington, (46[deg]53.30' N latitude) under regulations
promulgated by NOAA Fisheries at 50 CFR 300.63. Landing restrictions
for Pacific halibut retention in the fixed gear sablefish fishery
can be found at 50 CFR 660.231.
---------------------------------------------------------------------------
(6) Notwithstanding paragraph (4), and paragraph (6) of Section 12,
an incidental catch fishery is authorized during salmon troll seasons
in IPHC Regulatory Area 2A in accordance with regulations promulgated
by NOAA Fisheries. This fishery will occur between the dates and times
listed in paragraphs (2) and (3) of this Section.
10. Closed Area
All waters in the Bering Sea north of 55[deg]00'00'' N latitude in
Isanotski Strait that are enclosed by a line from Cape Sarichef Light
(54[deg]36'00'' N latitude, 164[deg]55'42'' W longitude) to a point at
56[deg]20'00'' N latitude, 168[deg]30'00'' W longitude; thence to a
point at 58[deg]21'25'' N latitude, 163[deg]00'00'' W longitude; thence
to Strogonof Point (56[deg]53'18'' N latitude, 158[deg]50'37'' W
longitude); and then along the northern coasts of the Alaska Peninsula
and Unimak Island to the point of origin at Cape Sarichef Light are
closed to Pacific halibut fishing and no person shall fish for Pacific
halibut therein or have Pacific halibut in his/her possession while in
those waters except in the course of a continuous transit across those
waters. All waters in Isanotski Strait between 55[deg]00'00'' N
latitude and 54[deg]49'00'' N latitude are closed to Pacific halibut
fishing.
11. Closed Periods
(1) No person shall engage in fishing for Pacific halibut in any
IPHC Regulatory Area other than during the fishing periods set out in
Section 9 in respect of that area.
(2) No person shall land or otherwise retain Pacific halibut caught
outside a fishing period applicable to the IPHC Regulatory Area where
the Pacific halibut was taken.
(3) Subject to paragraphs (7), (8), (9), and (10) of Section 18,
these Regulations do not prohibit fishing for any species of fish other
than Pacific halibut during the closed periods.
(4) Notwithstanding paragraph (3), no person shall have Pacific
halibut in his/her possession while fishing for any other species of
fish during the closed periods.
(5) No vessel shall retrieve any Pacific halibut fishing gear
during a closed period if the vessel has any Pacific halibut on board.
(6) A vessel that has no Pacific halibut on board may retrieve any
Pacific halibut fishing gear during the closed period after the
operator notifies an authorized officer or an authorized representative
of the Commission prior to that retrieval.
(7) After retrieval of Pacific halibut gear in accordance with
paragraph (6), the vessel shall submit to a hold inspection at the
discretion of the authorized officer or an authorized representative of
the Commission.
(8) No person shall retain any Pacific halibut caught on gear
retrieved in accordance with paragraph (6).
(9) No person shall possess Pacific halibut on board a vessel in an
IPHC Regulatory Area during a closed period unless that vessel is in
continuous transit to or within a port in which that Pacific halibut
may be lawfully sold.
12. Application of Commercial Fishery Limits
(1) Notwithstanding the fishery limits described in Section 5,
regulations pertaining to the division of the IPHC Regulatory Area 2A
fishery limit between the directed commercial fishery and the
incidental catch fishery as described in paragraphs (5) and (6) of
Section 9 will be promulgated by NOAA Fisheries and published in the
Federal Register.
[[Page 12613]]
(2) The Commission shall determine and announce to the public the
date on which the fishery limit for IPHC Regulatory Area 2A will be
taken.
(3) Notwithstanding the fishery limits described in Section 5, the
commercial fishing in IPHC Regulatory Area 2B will close only when all
Individual Vessel Quotas (IVQ) and Individual Transferable Quotas (ITQ)
assigned by DFO are taken, or on the date when fishing must cease as
specified in Section 9, whichever is earlier.
(4) Notwithstanding the fishery limits described in Section 5, IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close
only when all Individual Fishing Quotas (IFQ) and all CDQ issued by
NOAA Fisheries have been taken, or on the date when fishing must cease
as specified in Section 9, whichever is earlier.
(5) If the Commission determines that the fishery limit specified
for IPHC Regulatory Area 2A in Section 5 would be exceeded in an
additional directed commercial fishing period as specified in paragraph
(4) of Section 9, the fishery limit for that area shall be considered
to have been taken and the directed commercial fishery closed as
announced by the Commission.
(6) When under paragraphs (1), (2), and (5) the Commission has
announced a date on which the fishery limit for IPHC Regulatory Area 2A
will be taken, no person shall fish for Pacific halibut in that area
after that date for the rest of the year, unless the Commission has
announced the reopening of that area for Pacific halibut fishing.
(7) Notwithstanding the fishery limits described in Section 5, the
total allowable catch of Pacific halibut that may be taken in the IPHC
Regulatory Area 4E directed commercial fishery is equal to the combined
annual fishery limits specified for the IPHC Regulatory Areas 4D and 4E
CDQ fisheries and any IPHC Regulatory Area 4D IFQ received by transfer
by a CDQ organization. The annual IPHC Regulatory Area 4D fishery limit
will decrease by the equivalent amount of CDQ and IFQ received by
transfer by a CDQ organization taken in IPHC Regulatory Area 4E in
excess of the annual IPHC Regulatory Area 4E fishery limit.
(8) Notwithstanding the fishery limits described in Section 5, the
total allowable catch of Pacific halibut that may be taken in the IPHC
Regulatory Area 4D directed commercial fishery is equal to the combined
annual fishery limits specified for IPHC Regulatory Areas 4C and 4D.
The annual IPHC Regulatory Area 4C fishery limit will decrease by the
equivalent amount of Pacific halibut taken in IPHC Regulatory Area 4D
in excess of the annual IPHC Regulatory Area 4D fishery limit.
13. Fishing in Regulatory IPHC Regulatory Areas 4D and 4E
(1) Section 13 applies only to any person fishing for, or any
vessel that is used to fish for, IPHC Regulatory Area 4E Community
Development Quota (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ
Pacific halibut, or IPHC Regulatory Area 4D IFQ received by transfer by
a CDQ organization provided that the total annual Pacific halibut catch
of that person or vessel is landed at a port within IPHC Regulatory
Areas 4E or 4D.
(2) A person may retain Pacific halibut taken with setline gear
that are smaller than the size limit specified in Section 19, provided
that no person may sell or barter such Pacific halibut.
(3) The manager of a CDQ organization that authorizes persons to
harvest Pacific halibut in the IPHC Regulatory Area 4E or 4D CDQ
fisheries or IFQ received by transfer by a CDQ organization must report
to the Commission the total number and weight of undersized Pacific
halibut taken and retained by such persons pursuant to Section 13,
paragraph (2). This report, which shall include data and methodology
used to collect the data, must be received by the Commission prior to 1
November of the year in which such Pacific halibut were harvested.
14. Fishing Period Limits
(1) It shall be unlawful for any vessel to retain more Pacific
halibut than authorized by that vessel's license in any fishing period
for which the Commission has announced a fishing period limit.
(2) The operator of any vessel that fishes for Pacific halibut
during a fishing period when fishing period limits are in effect must,
upon commencing an offload of Pacific halibut to a commercial fish
processor, completely offload all Pacific halibut on board said vessel
to that processor and ensure that all Pacific halibut is weighed and
reported on State fish tickets.
(3) The operator of any vessel that fishes for Pacific halibut
during a fishing period when fishing period limits are in effect must,
upon commencing an offload of Pacific halibut other than to a
commercial fish processor, completely offload all Pacific halibut on
board said vessel and ensure that all Pacific halibut are weighed and
reported on State fish tickets.
(4) The provisions of paragraph (3) are not intended to prevent
retail over-the-side sales to individual purchasers so long as all the
Pacific halibut on board is ultimately offloaded and reported.
(5) When fishing period limits are in effect, a vessel's maximum
retainable catch will be determined by the Commission based on:
(a) The vessel's overall length in feet and associated length
class;
(b) the average performance of all vessels within that class; and
(c) the remaining fishery limit.
(6) Length classes are shown in the following table:
------------------------------------------------------------------------
Overall length (in feet) Vessel class
------------------------------------------------------------------------
1-25................................................... A
26-30.................................................. B
31-35.................................................. C
36-40.................................................. D
41-45.................................................. E
46-50.................................................. F
51-55.................................................. G
56+.................................................... H
------------------------------------------------------------------------
(7) Fishing period limits in IPHC Regulatory Area 2A apply only to
the directed Pacific halibut fishery referred to in paragraph (4) of
Section 9.
15. Licensing Vessels for IPHC Regulatory Area 2A
(1) No person shall fish for Pacific halibut from a vessel, nor
possess Pacific halibut on board a vessel, used either for commercial
fishing or as a charter vessel in IPHC Regulatory Area 2A, unless the
Commission has issued a license valid for fishing in IPHC Regulatory
Area 2A in respect of that vessel.
(2) A license issued for a vessel operating in IPHC Regulatory Area
2A shall be valid only for operating either as a charter vessel or a
commercial vessel, but not both.
(3) A vessel with a valid IPHC Regulatory Area 2A commercial
license cannot be used to recreationally (sport) fish for Pacific
halibut in IPHC Regulatory Area 2A.
(4) A license issued for a vessel operating in the commercial
fishery in IPHC Regulatory Area 2A shall be valid for one of the
following:
(a) The directed commercial fishery during the fishing periods
specified in paragraph (4) of Section 9;
(b) the incidental catch fishery during the sablefish fishery
specified in paragraph (5) of Section 9; or
(c) the incidental catch fishery during the salmon troll fishery
specified in paragraph (6) of Section 9.
(5) A vessel with a valid license for the IPHC Regulatory Area 2A
incidental catch fishery during the sablefish fishery described in
paragraph (4)(b)
[[Page 12614]]
may also apply for or be issued a license for the directed commercial
fishery described in paragraph (4)(a).
(6) A license issued in respect to a vessel referred to in
paragraph (1) of this Section must be carried on board that vessel at
all times and the vessel operator shall permit its inspection by any
authorized officer.
(7) The Commission shall issue a license in respect to a vessel
from its office in Seattle, Washington, upon receipt of a completed
``Application for Vessel License for the Pacific Halibut Fishery''
form.
(8) A vessel operating in the directed commercial fishery in IPHC
Regulatory Area 2A must have submitted its ``Application for Vessel
License for the Pacific Halibut Fishery'' form no later than 2359 local
time on 30 April, or the first weekday in May if 30 April is a Saturday
or Sunday.
(9) A vessel operating in the incidental catch fishery during the
sablefish fishery in IPHC Regulatory Area 2A must have submitted its
``Application for Vessel License for the Pacific Halibut Fishery'' form
no later than 2359 local time on 29 May, or the next weekday in May if
29 May is a Saturday or Sunday.
(10) A vessel operating in the incidental catch fishery during the
salmon troll fishery in IPHC Regulatory Area 2A must have submitted its
``Application for Vessel License for the Pacific Halibut Fishery'' form
no later than 2359 local time on 15 March, or the next weekday in March
if 15 March is a Saturday or Sunday.
(11) Applications are submitted on the IPHC Secretariat web page.
(12) Information on the ``Application for Vessel License for the
Pacific Halibut Fishery'' form must be accurate.
(13) The ``Application for Vessel License for the Pacific Halibut
Fishery'' form shall be completed by the vessel owner.
(14) Licenses issued under this Section shall be valid only during
the year in which they are issued.
(15) A new license is required for a vessel that is sold,
transferred, renamed, or for which the documentation is changed.
(16) The license required under this Section is in addition to any
license, however designated, that is required under the laws of the
United States of America or any of its States.
(17) The United States of America may suspend, revoke, or modify
any license issued under this Section under policies and procedures in
U.S. Code Title 15, CFR part 904.
16. Vessel Clearance in IPHC Regulatory Area 4
(1) The operator of any vessel that fishes for Pacific halibut in
IPHC Regulatory Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance
before fishing in any of these areas, and before the landing of any
Pacific halibut caught in any of these areas, unless specifically
exempted in paragraphs (10), (13), (14), (15), or (16).
(2) An operator obtaining a vessel clearance required by paragraph
(1) must obtain the clearance in person from the authorized clearance
personnel and sign the IPHC form documenting that a clearance was
obtained, except that when the clearance is obtained via VHF radio
referred to in paragraphs (5), (8), and (9), the authorized clearance
personnel must sign the IPHC form documenting that the clearance was
obtained.
(3) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4A may be obtained only at Nazan Bay on
Atka Island, Dutch Harbor, or Akutan, Alaska, from the authorized
clearance personnel.
(4) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4B may only be obtained at Nazan Bay on
Atka Island or Adak, Alaska, from the authorized clearance personnel.
(5) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4C or 4D may be obtained only at St.
Paul or St. George, Alaska, from the authorized clearance personnel by
VHF radio and allowing the person contacted to confirm visually the
identity of the vessel.
(6) The vessel operator shall specify the specific regulatory area
in which fishing will take place.
(7) Before unloading any Pacific halibut caught in IPHC Regulatory
Area 4A, a vessel operator may obtain the clearance required under
paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting the
authorized clearance personnel.
(8) Before unloading any Pacific halibut caught in IPHC Regulatory
Area 4B, a vessel operator may obtain the clearance required under
paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting
the authorized clearance personnel by VHF radio or in person.
(9) Before unloading any Pacific halibut caught in IPHC Regulatory
Areas 4C and 4D, a vessel operator may obtain the clearance required
under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or
Akutan, Alaska, either in person or by contacting the authorized
clearance personnel. The clearances obtained in St. Paul or St. George,
Alaska, can be obtained by VHF radio and allowing the person contacted
to confirm visually the identity of the vessel.
(10) Any vessel operator who complies with the requirements in
Section 17 for possessing Pacific halibut on board a vessel that was
caught in more than one regulatory area in IPHC Regulatory Area 4 is
exempt from the clearance requirements of paragraph (1) of this
Section, provided that:
(a) The operator of the vessel obtains a vessel clearance prior to
fishing in IPHC Regulatory Area 4 in either Dutch Harbor, Akutan, St.
Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting the
authorized clearance personnel. The clearance obtained in St. Paul, St.
George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio
and allowing the person contacted to confirm visually the identity of
the vessel. This clearance will list the areas in which the vessel will
fish; and
(b) before unloading any Pacific halibut from IPHC Regulatory Area
4, the vessel operator obtains a vessel clearance from Dutch Harbor,
Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by
contacting the authorized clearance personnel. The clearance obtained
in St. Paul or St. George can be obtained by VHF radio and allowing the
person contacted to confirm visually the identity of the vessel. The
clearance obtained in Adak or Nazan Bay on Atka Island can be obtained
by VHF radio.
(11) Vessel clearances shall be obtained between 0600 and 1800,
local time.
(12) No Pacific halibut shall be on board the vessel at the time of
the clearances required prior to fishing in IPHC Regulatory Area 4.
(13) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4A and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4A is exempt from the
clearance requirements of paragraph (1).
(14) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4B and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4B is exempt from the
clearance requirements of paragraph (1).
(15) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific
halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the
closed area defined in Section
[[Page 12615]]
10, is exempt from the clearance requirements of paragraph (1).
(16) Any vessel that carries a NOAA Fisheries observer, a NOAA
Fisheries electronic monitoring system, or a transmitting VMS
transmitter while fishing for Pacific halibut in IPHC Regulatory Areas
4A, 4B, 4C, or 4D and until all Pacific halibut caught in any of these
IPHC Regulatory Areas is landed, is exempt from the clearance
requirements of paragraph (1) of this Section, provided that:
(a) The operator of the vessel complies with NOAA Fisheries'
observer or electronic monitoring regulations published at 50 CFR
Subpart E, or vessel monitoring system regulations published at 50 CFR
679.28(f)(3), (4) and (5); and
(b) the operator of the vessel notifies NOAA Fisheries Office for
Law Enforcement at 800-304-4846 (select option 1 to speak to an
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight)
local time within 72 hours before fishing for Pacific halibut in IPHC
Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation
number.
17. Fishing Multiple Regulatory Areas
(1) Except as provided in this Section, no person shall possess at
the same time on board a vessel Pacific halibut caught in more than one
IPHC Regulatory Area.
(2) Pacific halibut caught in more than one of the IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a
vessel at the same time only if:
(a) Authorized by NOAA Fisheries regulations published at 50 CFR
Section 679.7(f)(4); and
(b) the operator of the vessel identifies the regulatory area in
which each Pacific halibut on board was caught by separating Pacific
halibut from different areas in the hold, tagging Pacific halibut, or
by other means.
18. Fishing Gear
(1) No person shall fish for Pacific halibut using any gear other
than hook and line gear,
(a) except that a person may retain Pacific halibut taken with
longline or single trap gear if such retention is authorized by DFO as
defined by Pacific Fishery Regulations and Conditions of Licence; or
(b) except that a person may retain Pacific halibut taken with
longline or single pot gear if such retention is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(2) No person shall possess Pacific halibut taken with any gear
other than hook and line gear,
(a) except that a person may possess Pacific halibut taken with
longline or single trap gear if such retention is authorized by DFO as
defined by Pacific Fishery Regulations and Conditions of Licence; or
(b) except that a person may possess Pacific halibut taken with
longline or single pot gear if such possession is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(3) No person shall possess Pacific halibut while on board a vessel
carrying any trawl nets.
(4) All gear marker buoys carried on board or used by any United
States of America vessel used for Pacific halibut fishing shall be
marked with one of the following:
(a) The vessel's State license number; or
(b) the vessel's registration number.
(5) The markings specified in paragraph (4) shall be in characters
at least four inches in height and one-half inch in width in a
contrasting color visible above the water and shall be maintained in
legible condition.
(6) All gear marker buoys carried on board or used by a Canadian
vessel used for Pacific halibut fishing shall be:
(a) Floating and visible on the surface of the water; and
(b) legibly marked with the identification plate number of the
vessel engaged in commercial fishing from which that setline is being
operated.
(7) No person on board a vessel used to fish for any species of
fish anywhere in IPHC Regulatory Area 2A during the 72-hour period
immediately before the fishing period for the directed commercial
fishery shall catch or possess Pacific halibut anywhere in those waters
during that Pacific halibut fishing period unless, prior to the start
of the Pacific halibut fishing period, the vessel has removed its gear
from the water and has either:
(a) Made a landing and completely offloaded its catch of other
fish; or
(b) submitted to a hold inspection by an authorized officer.
(8) No vessel used to fish for any species of fish anywhere in IPHC
Regulatory Area 2A during the 72-hour period immediately before the
fishing period for the directed commercial fishery may be used to catch
or possess Pacific halibut anywhere in those waters during that Pacific
halibut fishing period unless, prior to the start of the Pacific
halibut fishing period, the vessel has removed its gear from the water
and has either:
(a) Made a landing and completely offloaded its catch of other
fish; or
(b) submitted to a hold inspection by an authorized officer.
(9) No person on board a vessel used to fish for any species of
fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
or 4E during the 72-hour period immediately before the opening of the
Pacific halibut fishing season shall catch or possess Pacific halibut
anywhere in those areas until the vessel has removed all of its gear
from the water and has either:
(a) Made a landing and completely offloaded its entire catch of
other fish; or
(b) submitted to a hold inspection by an authorized officer.
(10) No vessel used to fish for any species of fish anywhere in
IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the
72-hour period immediately before the opening of the Pacific halibut
fishing season may be used to catch or possess Pacific halibut anywhere
in those areas until the vessel has removed all of its gear from the
water and has either:
(a) Made a landing and completely offloaded its entire catch of
other fish; or
(b) submitted to a hold inspection by an authorized officer.
(11) Notwithstanding any other provision in these Regulations, a
person may retain, possess and dispose of Pacific halibut taken with
trawl gear only as authorized by Prohibited Species Donation
regulations of NOAA Fisheries.
19. Size Limits
(1) No person shall take or possess any Pacific halibut that:
(a) With the head on, is less than 32 inches (81.3 cm) as measured
in a straight line, passing over the pectoral fin from the tip of the
lower jaw with the mouth closed, to the extreme end of the middle of
the tail, as illustrated in Figure 2; or
(b) with the head removed, is less than 24 inches (61.0 cm) as
measured from the base of the pectoral fin at its most anterior point
to the extreme end of the middle of the tail, as illustrated in Figure
2.
(2) No person on board a vessel fishing for, or tendering, Pacific
halibut in any IPHC Regulatory Area shall possess any Pacific halibut
that has had its head removed, except that Pacific halibut frozen at
sea with its head removed may be possessed on board a vessel by persons
in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if
authorized by Federal regulations.
[[Page 12616]]
(3) The size limit in paragraph (1)(b) will not be applied to any
Pacific halibut that has had its head removed after the operator has
landed the Pacific halibut.
20. Logs
(1) The operator of any U.S. vessel fishing for Pacific halibut
that has an overall length of 26 feet (7.9 meters) or greater shall
maintain an accurate log of Pacific halibut fishing operations. The
operator of a vessel fishing in waters in and off Alaska must use one
of the following logbooks: The Groundfish/IFQ Longline and Pot Gear
Daily Fishing Logbook, in electronic or paper form, provided by NOAA
Fisheries; the Alaska hook-and-line logbook provided by Petersburg
Vessel Owners Association or Alaska Longline Fishermen's Association;
the Alaska Department of Fish and Game (ADFG) longline-pot logbook; or
the logbook provided by IPHC. The operator of a vessel fishing in IPHC
Regulatory Area 2A must use either the WDFW Voluntary Sablefish
Logbook, Oregon Department of Fish and Wildlife (ODFW) Fixed Gear
Logbook, or the logbook provided by IPHC.
(2) The logbook referred to in paragraph (1) must include the
following information:
(a) The name of the vessel and the State (ADFG, WDFW, ODFW, or
CDFW) or Tribal ID number;
(b) the date(s) upon which the fishing gear is set or retrieved;
(c) the latitude and longitude coordinates or a direction and
distance from a point of land for each set or day;
(d) the number of skates deployed or retrieved, and number of
skates lost; and
(e) the total weight or number of Pacific halibut retained for each
set or day.
(3) The logbook referred to in paragraph (1) shall be:
(a) Maintained on board the vessel;
(b) updated not later than 24 hours after 0000 (midnight) local
time for each day fished and prior to the offloading or sale of Pacific
halibut taken during that fishing trip;
(c) retained for a period of two years by the owner or operator of
the vessel;
(d) open to inspection by an authorized officer or any authorized
representative of the Commission upon demand; and
(e) kept on board the vessel when engaged in Pacific halibut
fishing, during transits to port of landing, and until the offloading
of all Pacific halibut is completed.
(4) The log referred to in paragraph (1) does not apply to the
incidental Pacific halibut fishery during the salmon troll season in
IPHC Regulatory Area 2A defined in paragraph (6) of Section 9.
(5) The operator of any Canadian vessel fishing for Pacific halibut
shall maintain an accurate record in the British Columbia Integrated
Groundfish Fishing Log.
(6) The log referred to in paragraph (5) must include the following
information:
(a) The name of the vessel and the DFO vessel registration number;
(b) the date(s) upon which the fishing gear is set and retrieved;
(c) the latitude and longitude coordinates for each set;
(d) the number of skates deployed or retrieved, and number of
skates lost; and
(e) the total weight or number of Pacific halibut retained for each
set.
(7) The log referred to in paragraph (5) shall be:
(a) Maintained on board the vessel;
(b) retained for a period of two years by the owner or operator of
the vessel;
(c) open to inspection by an authorized officer or any authorized
representative of the Commission upon demand;
(d) kept on board the vessel when engaged in Pacific halibut
fishing, during transits to port of landing, and until the offloading
of all Pacific halibut is completed;
(e) submitted to the DFO within seven days of offloading; and
(f) submitted to the Commission within seven days of the final
offload if not previously collected by a Commission employee.
(8) No person shall make a false entry in a log referred to in this
Section.
21. Receipt and Possession of Pacific Halibut
(1) No person shall receive Pacific halibut caught in IPHC
Regulatory Area 2A from a United States of America vessel that does not
have on board the license required by Section 15.
(2) No person shall possess on board a vessel a Pacific halibut
other than whole or with gills and entrails removed, except that this
paragraph shall not prohibit the possession on board a vessel of:
(a) Pacific halibut cheeks cut from Pacific halibut caught by
persons authorized to process the Pacific halibut on board in
accordance with NOAA Fisheries regulations published at 50 CFR part
679;
(b) fillets from Pacific halibut offloaded in accordance with
Section 21 that are possessed on board the harvesting vessel in the
port of landing up to 1800 local time on the calendar day following the
offload; \4\ and
---------------------------------------------------------------------------
\4\ DFO has more restrictive regulations; therefore, Section 21
paragraph (2)(b) does not apply to fish caught in IPHC Regulatory
Area 2B or landed in British Columbia.
---------------------------------------------------------------------------
(c) Pacific halibut with their heads removed in accordance with
Section 19.
(3) No person shall offload Pacific halibut from a vessel unless
the gills and entrails have been removed prior to offloading.\5\
---------------------------------------------------------------------------
\5\ DFO did not adopt this regulation; therefore, Section 21
paragraph (3) does not apply to fish caught in IPHC Regulatory Area
2B.
---------------------------------------------------------------------------
(4) It shall be the responsibility of a vessel operator who lands
Pacific halibut to continuously and completely offload at a single
offload site all Pacific halibut on board the vessel.
(5) A registered buyer (as that term is defined in regulations
promulgated by NOAA Fisheries and codified at 50 CFR part 679) who
receives Pacific halibut harvested in IFQ and CDQ fisheries in IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the
vessel operator that harvested such Pacific halibut must weigh all the
Pacific halibut received and record the following information on
Federal catch reports: Date of offload; name of vessel; vessel number
(State, Tribal or Federal, not IPHC vessel number); scale weight
obtained at the time of offloading, including the scale weight (in
pounds) of Pacific halibut purchased by the registered buyer, the scale
weight (in pounds) of Pacific halibut offloaded in excess of the IFQ or
CDQ, the scale weight of Pacific halibut (in pounds) retained for
personal use or for future sale, and the scale weight (in pounds) of
Pacific halibut discarded as unfit for human consumption. All Pacific
halibut harvested in IFQ or CDQ fisheries in Areas IPHC Regulatory 2C,
3A, 3B, 4A, 4B, 4C, 4D, and 4E, must be weighed with the head on and
the head-on weight must be recorded on Federal catch reports as
specified in this paragraph, unless the Pacific halibut is frozen at
sea and exempt from the head-on landing requirement at Section 19(2).
(6) The first recipient, commercial fish processor, or buyer in the
United States of America who purchases or receives Pacific halibut
directly from the vessel operator that harvested such Pacific halibut
must weigh and record all Pacific halibut received and record the
following information on State fish tickets: The date of offload;
vessel number (State or Federal, not IPHC vessel number) or Tribal ID
number; total weight obtained at the time of offload including the
weight (in pounds) of Pacific halibut purchased; the weight (in pounds)
of Pacific halibut offloaded in excess of the IFQ, CDQ, or fishing
period limits; the weight of Pacific halibut (in pounds) retained for
[[Page 12617]]
personal use or for future sale; and the weight (in pounds) of Pacific
halibut discarded as unfit for human consumption. All Pacific halibut
harvested in fisheries in IPHC Regulatory Areas 2A, 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E must be weighed with the head on and the head-on weight
must be recorded on State fish tickets as specified in this paragraph,
unless the Pacific halibut is frozen at sea and exempt from the head-on
landing requirement at Section 19(2).
(7) For Pacific halibut landings made in Alaska, the requirements
as listed in paragraphs (5) and (6) can be met by recording the
information in the Interagency Electronic Reporting Systems, eLandings,
in accordance with NOAA Fisheries regulation published at 50 CFR part
679.
(8) The master or operator of a Canadian vessel that was engaged in
Pacific halibut fishing must weigh and record all Pacific halibut on
board said vessel at the time offloading commences and record on
Provincial fish tickets or Federal catch reports: The date; locality;
name of vessel; the name(s) of the person(s) from whom the Pacific
halibut was purchased; and the scale weight obtained at the time of
offloading of all Pacific halibut on board the vessel including the
pounds purchased, pounds in excess of IVQs or ITQs, pounds retained for
personal use, and pounds discarded as unfit for human consumption. All
Pacific halibut must be weighed with the head on and the head-on weight
must be recorded on the Provincial fish tickets or Federal catch
reports as specified in this paragraph, unless the Pacific halibut is
frozen at sea and exempt from the head-on landing requirement at
Section 19(2).
(9) No person shall make a false entry on a State or Provincial
fish ticket or a Federal catch or landing report referred to in
paragraphs (5), (6), and (8) of this Section.
(10) A copy of the fish tickets or catch reports referred to in
paragraphs (5), (6), and (8) shall be:
(a) Retained by the person making them for a period of three years
from the date the fish tickets or catch reports are made; and
(b) open to inspection by an authorized officer or any authorized
representative of the Commission.
(11) No person shall possess any Pacific halibut taken or retained
in contravention of these Regulations.
(12) When Pacific halibut are landed to other than a commercial
fish processor, the records required by paragraph (6) shall be
maintained by the operator of the vessel from which that Pacific
halibut was caught, in compliance with paragraph (10).
(13) No person shall tag Pacific halibut unless the tagging is
authorized by IPHC permit or by a Federal or State agency.
22. Supervision of Unloading and Weighing
(1) The unloading and weighing of Pacific halibut may be subject to
the supervision of authorized officers to assure the fulfillment of the
provisions of these Regulations.
(2) The unloading and weighing of Pacific halibut may be subject to
sampling by an authorized representative of the Commission.
23. Fishing by United States Indian Tribes
(1) Pacific halibut fishing in IPHC Regulatory Area Subarea 2A-1 by
members of United States treaty Indian tribes located in the State of
Washington shall be regulated under regulations promulgated by NOAA
Fisheries and published in the Federal Register:
(a) Subarea 2A-1 includes the usual and accustomed fishing areas
for Pacific Coast treaty tribes off the coast of Washington and all
inland marine waters of Washington north of Point Chehalis
(46[deg]53.30' N lat.), including Puget Sound. Boundaries of a tribe's
fishing area may be revised as ordered by a United States Federal
court;
(b) Section 15 (Licensing Vessels for IPHC Regulatory Area 2A) does
not apply to commercial fishing for Pacific halibut in Subarea 2A-1 by
Indian tribes; and
(c) ceremonial and subsistence fishing for Pacific halibut in
Subarea 2A-1 is permitted with hook and line gear from 1 January
through 31 December.
(2) In IPHC Regulatory Area 2C, the Metlakatla Indian Community has
been authorized by the United States Government to conduct a commercial
Pacific halibut fishery within the Annette Islands Reserve. Fishing
periods for this fishery are announced by the Metlakatla Indian
Community and the Bureau of Indian Affairs. Landings in this fishery
are accounted with the commercial landings for IPHC Regulatory Area 2C.
(3) Section 7 (careful release of Pacific halibut), Section 18
(fishing gear), except paragraphs (7) and (8) of Section 18, Section 19
(size limits), Section 20 (logs), and Section 21 (receipt and
possession of Pacific halibut) apply to commercial fishing for Pacific
halibut by Indian tribes.
(4) Regulations in paragraph (3) of this Section that apply to
State fish tickets apply to Tribal tickets that are authorized by WDFW
and ADFG.
(5) Commercial fishing for Pacific halibut is permitted with hook
and line gear between the dates specified in Section 9 paragraphs (2)
and (3), or until the applicable fishery limit specified in Section 5
is taken, whichever occurs first.
24. Indigenous Groups Fishing for Food, Social and Ceremonial Purposes
in British Columbia
(1) Fishing for Pacific halibut for food, social and ceremonial
purposes by Indigenous groups in IPHC Regulatory Area 2B shall be
governed by the Fisheries Act of Canada and regulations as amended from
time to time.
25. Customary and Traditional Fishing in Alaska
(1) Customary and traditional fishing for Pacific halibut in IPHC
Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed
pursuant to regulations promulgated by NOAA Fisheries and published in
50 CFR part 300.
(2) Customary and traditional fishing is authorized from 1 January
through 31 December.
26. Recreational (Sport) Fishing for Pacific Halibut--General
(1) No person shall engage in recreational (sport) fishing for
Pacific halibut using gear other than a single line with no more than
two hooks attached; or a spear.
(2) Any size limit promulgated under IPHC or domestic regulations
shall be measured in a straight line passing over the pectoral fin from
the tip of the lower jaw with the mouth closed, to the extreme end of
the middle of the tail as depicted in Figure 2.
(3) Any Pacific halibut brought aboard a vessel and not immediately
returned to the sea with a minimum of injury will be included in the
daily bag limit of the person catching the Pacific halibut.
(4) No person may possess Pacific halibut on a vessel while fishing
in a closed area.
(5) No Pacific halibut caught by recreational (sport) fishing shall
be offered for sale, sold, traded, or bartered.
(6) No Pacific halibut caught in recreational (sport) fishing shall
be possessed on board a vessel when other fish or shellfish aboard said
vessel are destined for commercial use, sale, trade, or barter.
(7) The operator of a charter vessel shall be liable for any
violations of these Regulations committed by an angler on board said
vessel. In Alaska, the charter vessel guide, as defined in 50 CFR
[[Page 12618]]
300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be
liable for any violation of these Regulations committed by an angler on
board a charter vessel.
27. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2A
(1) The Commission shall determine and announce closing dates to
the public for any area in which the fishery limits promulgated by NOAA
Fisheries are estimated to have been taken.
(2) When the Commission has determined that a subquota under
paragraph (7) of this Section is estimated to have been taken, and has
announced a date on which the season will close, no person shall
recreational (sport) fish for Pacific halibut in that area after that
date for the rest of the year, unless a reopening of that area for
recreational (sport) Pacific halibut fishing is scheduled in accordance
with the Catch Sharing Plan for IPHC Regulatory Area 2A, or announced
by the Commission.
(3) In California, Oregon, or Washington, no person shall fillet,
mutilate, or otherwise disfigure a Pacific halibut in any manner that
prevents the determination of minimum size or the number of fish
caught, possessed, or landed.
(4) The possession limit on a vessel for Pacific halibut in the
waters off the coast of Washington is the same as the daily bag limit.
The possession limit for Pacific halibut on land in Washington is two
daily bag limits.
(5) The possession limit on a vessel for Pacific halibut caught in
the waters off the coast of Oregon is the same as the daily bag limit.
The possession limit for Pacific halibut on land in Oregon is three
daily bag limits.
(6) The possession limit on a vessel for Pacific halibut caught in
the waters off the coast of California is one daily bag limit. The
possession limit for Pacific halibut on land in California is one daily
bag limit.
(7) Specific regulations describing fishing periods, fishery
limits, fishing dates, and daily bag limits are promulgated by NOAA
Fisheries and published in the Federal Register.
28. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2B
(1) In all waters off British Columbia: \6\ \7\
(a) The recreational (sport) fishing season will open on 1 February
unless more restrictive regulations are in place;
(b) the recreational (sport) fishing season will close when the
recreational (sport) fishery limit allocated by DFO is taken, or 31
December, whichever is earlier; and
(c) the daily bag limit is two (2) Pacific halibut of any size per
day, per person, except that between 1 April 2021 and 31 March 2022
only, DFO may implement a daily bag limit of three (3) Pacific halibut
per day, per person.
(2) In British Columbia, no person shall fillet, mutilate, or
otherwise disfigure a Pacific halibut in any manner that prevents the
determination of minimum size or the number of fish caught, possessed,
or landed.
(3) The possession limit for Pacific halibut in the waters off the
coast of British Columbia is three Pacific halibut.\6\ \7\
---------------------------------------------------------------------------
\6\ DFO could implement more restrictive regulations for the
recreational (sport) fishery, therefore anglers are advised to check
the current Federal or Provincial regulations prior to fishing.
\7\ For regulations on the experimental recreational fishery
implemented by DFO check the current Federal or Provincial
regulations.
---------------------------------------------------------------------------
29. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E
(1) In Convention waters in and off Alaska: \8\ \9\
---------------------------------------------------------------------------
\8\ NOAA Fisheries could implement more restrictive regulations
for the recreational (sport) fishery or components of it, therefore,
anglers are advised to check the current Federal or State
regulations prior to fishing.
\9\ Charter vessels are prohibited from harvesting Pacific
halibut in IPHC Regulatory Areas 2C and 3A during one charter vessel
fishing trip under regulations promulgated by NOAA Fisheries at 50
CFR 300.66.
---------------------------------------------------------------------------
(a) The recreational (sport) fishing season is from 1 February to
31 December;
(b) the daily bag limit is two Pacific halibut of any size per day
per person unless a more restrictive bag limit applies in Commission
regulations or Federal regulations at 50 CFR 300.65;
(c) no person may possess more than two daily bag limits;
(d) no person shall possess on board a vessel, including charter
vessels and pleasure craft used for fishing, Pacific halibut that have
been filleted, mutilated, or otherwise disfigured in any manner, except
that each Pacific halibut may be cut into no more than 2 ventral
pieces, 2 dorsal pieces, and 2 cheek pieces, with a patch of skin on
each piece, naturally attached;
(e) Pacific halibut in excess of the possession limit in paragraph
(1)(c) of this Section may be possessed on a vessel that does not
contain recreational (sport) fishing gear, fishing rods, hand lines, or
gaffs;
(f) Pacific halibut harvested on a charter vessel fishing trip in
IPHC Regulatory Areas 2C or 3A must be retained on board the charter
vessel on which the Pacific halibut was caught until the end of the
charter vessel fishing trip as defined at 50 CFR 300.61;
(g) guided angler fish (GAF), as described at 50 CFR 300.65, may be
used to allow a charter vessel angler to harvest additional Pacific
halibut up to the limits in place for unguided anglers, and are exempt
from the requirements in paragraphs (2) and (3) of this Section; and
(h) if there is an annual limit on the number of Pacific halibut
that may be retained by a charter vessel angler as defined at 50 CFR
300.61, for purposes of enforcing the annual limit, each charter vessel
angler must:
(1) Maintain a nontransferable harvest record in the angler's
possession if retaining a Pacific halibut for which an annual limit has
been established. Such harvest record must be maintained either on the
angler's State of Alaska recreational (sport) fishing license, an ADFG
approved electronic harvest record, or on a Sport Fishing Harvest
Record Card obtained, without charge, from ADFG offices, the ADFG
website, or fishing license vendors;
(2) immediately upon retaining a Pacific halibut for which an
annual limit has been established, permanently and legibly record the
date, location (IPHC Regulatory Area), and species of the catch
(Pacific halibut) on the harvest record; and
(3) record the information required by paragraph 1(h)(2) on any
duplicate or additional recreational (sport) fishing license issued to
the angler, duplicate electronic harvest record, or any duplicate or
additional Sport Fishing Harvest Record Card obtained by the angler for
all Pacific halibut previously retained during that year that were
subject to the harvest record reporting requirements of this Section.
(2) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 2C:
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than one Pacific halibut per
calendar day; and
(b) no person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain any Pacific halibut that with head on is
greater than 40 inches (101.6 cm) and less than 80 inches (203.2 cm) as
measured in a straight line, passing over the pectoral fin from the tip
of the lower jaw with mouth closed, to the extreme end of the middle of
the tail.
(3) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 3A:
[[Page 12619]]
(a) No person on board a charter vessel (as referred to in 50 CFR
300.65) shall catch and retain more than two Pacific halibut per
calendar day;
(b) at least one of the retained Pacific halibut must have a head-
on length of no more than 28 inches (71.1 cm) as measured in a straight
line, passing over the pectoral fin from the tip of the lower jaw with
mouth closed, to the extreme end of the middle of the tail. If a person
recreational (sport) fishing on a charter vessel in IPHC Regulatory
Area 3A retains only one Pacific halibut in a calendar day, that
Pacific halibut may be of any length;
(c) a ``charter halibut permit'' (as referred to in 50 CFR 300.67)
may only be used for one charter vessel fishing trip in which Pacific
halibut are caught and retained per calendar day. A charter vessel
fishing trip is defined at 50 CFR 300.61 as the time period between the
first deployment of fishing gear into the water by a charter vessel
angler (as defined at 50 CFR 300.61) and the offloading of one or more
charter vessel anglers or any Pacific halibut from that vessel. For
purposes of this trip limit, a charter vessel fishing trip ends at 2359
(Alaska local time) on the same calendar day that the fishing trip
began, or when any anglers or Pacific halibut are offloaded, whichever
comes first;
(d) a charter vessel on which one or more anglers catch and retain
Pacific halibut may only make one charter vessel fishing trip per
calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61
as the time period between the first deployment of fishing gear into
the water by a charter vessel angler (as defined at 50 CFR 300.61) and
the offloading of one or more charter vessel anglers or any Pacific
halibut from that vessel. For purposes of this trip limit, a charter
vessel fishing trip ends at 2359 (Alaska local time) on the same
calendar day that the fishing trip began, or when any anglers or
Pacific halibut are offloaded, whichever comes first; and
(e) no person on board a charter vessel may catch and retain
Pacific halibut on any Wednesday, or on the following Tuesdays in 2022:
July 26 and August 2.
30. Previous Regulations Superseded
These Regulations shall supersede all previous regulations of the
Commission, and these Regulations shall be effective each succeeding
year until superseded.
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[GRAPHIC] [TIFF OMITTED] TR07MR22.000
[[Page 12620]]
[GRAPHIC] [TIFF OMITTED] TR07MR22.001
Classification
IPHC Regulations
These IPHC annual management measures are a product of an agreement
between the United States and Canada and are published in the Federal
Register to provide notice of their effectiveness and content. Pursuant
to Section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C.
773b, the Secretary of State, with the concurrence of the Secretary of
Commerce, may accept or reject but not modify these recommendations of
the IPHC. These regulations become effective when such acceptance and
concurrence occur. The notice-and-comment and delay-in-effectiveness
date provisions of the Administrative Procedure Act (APA), 5 U.S.C.
553(b) and (d), are inapplicable to IPHC management measures because
these regulations involve a foreign affairs function of the United
States, 5 U.S.C. 553(a)(1). As stated above, the Secretary of State has
no discretion to modify the recommendations of the IPHC. The additional
time necessary to comply with the notice-and-comment and delay-in-
effectiveness requirements of the APA would disrupt coordinated
international conservation and management of the halibut fishery
pursuant to the Convention and the Northern Pacific Halibut Act of
1982.
The publication of these regulations in the Federal Register
provide the affected public with notice that the IPHC management
measures are in effect. Furthermore, no other law requires prior notice
and public comment for this rule. Because 5 U.S.C. 553 or any other law
does not require prior notice and an opportunity for public comment for
this notice of the effectiveness of the IPCH's 2022 management
measures, the analytical requirements of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., are not applicable. Executive Order 12866
does not apply to this final rule because these measures pertain to a
foreign affairs function of the United States.
The Paperwork Reduction Act of 1995 requires consideration of the
impact of recordkeeping and other information collection burdens
imposed on the public. Alaska state law establishes information
collection requirements regarding harvest records for individual
recreational anglers. See Alaska Admin. Code tit. 5, Sec. 75.006(a)
(2021). This final rule contains no new recordkeeping requirements
beyond those contained in Alaska state law and therefore involves no
additional collection of information burden. Moreover, because there
is, at present, no annual limit on the number of Pacific halibut that
may be retained by a charter vessel angler as defined at 50 CFR 300.61,
the recordkeeping requirements referenced in section 29(1)(h) of the
IPHC's Annual Management Measures do not apply during 2022.
Authority: 16 U.S.C. 773 et seq.
Dated: February 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-04639 Filed 3-4-22; 8:45 am]
BILLING CODE 3510-22-C
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</html>Indexed from Federal Register on March 7, 2022.
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