Rule2023-04598
Pacific Halibut Fisheries; Catch Sharing Plan; 2023 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, 2023
Effective
February 28, 2023
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 2023 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State, with the concurrence of the Secretary of Commerce. These measures are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPMFC).
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Rules and Regulations]
[Pages 14066-14081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04598]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 230301-0060]
RIN 0648-BM04
Pacific Halibut Fisheries; Catch Sharing Plan; 2023 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 2023 annual
management measures governing the Pacific halibut fishery that have
been recommended by the IPHC and accepted by the Secretary of State,
with the concurrence of the Secretary of Commerce. These measures are
intended to enhance the conservation of Pacific halibut and further the
goals and objectives of the Pacific Fishery Management Council (PFMC)
and the North Pacific Fishery Management Council (NPMFC).
DATES: The IPHC's 2023 annual management measures became effective
February 28, 2023. The 2023 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-2022-0085.
FOR FURTHER INFORMATION CONTACT: For Convention waters off Alaska,
Mason Smith, 907-586-7228; or, for Convention waters off the U.S. West
Coast, Katie Davis, 562-980-4050.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2023, 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 the 2023 IPHC regulations on February
28, 2023.
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 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 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, respectively.
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, with the concurrence of the
Secretary of Commerce.
The NPFMC recommended and NMFS implemented through rulemaking a CSP
for guided sport (charter) and commercial IFQ halibut fisheries in IPHC
Regulatory Areas 2C and 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 in Victoria, British Columbia,
Canada, from January 23 through 27, 2023 and recommended a number of
changes to the previous IPHC regulations (87 FR 12604, March 7, 2022).
On February 28, 2023, 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 9, Section 27,
Section 28, and other Sections of the 2023 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 limits that
result from domestic catch sharing plans that have been developed by
the respective United States and Canada governments;
2. New start date of March 10 in Section 9;
3. New management measures for Area 2C and Area 3A guided sport
fisheries in Section 28;
4. New flexibility for limited on-board consumption of sport-caught
halibut in Section 28;
5. Revisions to permitting requirements and management measures for
Area 2A non-tribal commercial and recreational charter vessels in
Section 13;
[[Page 14067]]
6. A new reference to the Pacific Coast Groundfish non-trawl
logbook provided by NOAA Fisheries, which is added to the list of
logbooks that can fulfill IPHC log requirements in Area 2A;
7. New management measures in Section 27 concerning the daily two-
fish bag limit in Area 2B that allow Canada to increase that daily
limit to three fish on or after August 1 each year through 2025; and
8. Minor technical corrections to improve consistency and clarity
throughout the IPHC regulations, to include renumbering the regulations
beginning with Section 13 and higher.
Pursuant to regulations at 50 CFR 300.62, the 2023 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 2023 totaling 29,840,000 lb (13,535
mt). The IPHC refers to catch limits as Fishery Constant Exploitation
Yield (FCEY), which is derived from Total Constant Exploitation Yield
(TCEY) by directed fisheries that are specified in IPHC regulations and
are subject to area-specific catch agreements among the domestic
parties. Coastwide, the 2023 FCEY decreased 10.1 percent from the FCEY
implemented in 2022. Except for Area 2A, which increased by
approximately 2 percent, the FCEY in each regulatory area decreased
relative to the 2022 catch limit. A description of the process the IPHC
used to set these catch limits follows.
For the upcoming 2023 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-2023-AM099-11; available at <a href="http://www.iphc.int">www.iphc.int</a>). To evaluate the
Pacific halibut stock, the IPHC uses an ``ensemble'' of four equally
weighted models: two long time-series models incorporating data from
1888 to the present and two short time-series models incorporating data
from 1992 to the present. For each time-series, the two models include
data that are either divided by four geographical regions or aggregated
into coastwide summaries. These models incorporate data through 2022
from the IPHC Fishery Independent Setline Survey (FISS); the commercial
halibut fishery; the NMFS Eastern Bering Sea trawl survey; length and
weight-at-age and male/female sex ratio estimates by region in the
directed commercial fisheries and in the FISS; and age distribution
information for bycatch, sport, and sublegal discard removals. The most
important change in the 2022 stock assessment was a new estimation of
natural mortality in the regional short time-series model, which
resulted in more optimistic stock projections due to the increase in
estimated productivity in the stock.
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 2023
stock assessment. NMFS believes the IPHC's data and assessments models
constitute the best available science on the status of the Pacific
halibut resource.
The IPHC's data, including the FISS, indicate that the Pacific
halibut stock 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, where the spawning biomass
appears to have stabilized. Overall, the spawning biomass is estimated
to be approximately 192,000,000 lb (87,100 mt) at the beginning of
2023. The spawning biomass stock is currently estimated to be at 42
percent of its unfished state, near the lowest observed since the
1970s. 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 accounts for the total mortality of halibut from all
sources, and employs a management procedure that establishes a
coastwide 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 would 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 IPHC harvest decision table (Table 3 in IPHC-2023-AM099-11;
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 2023. The harvest decision table
employs two metrics of fishing mortality: (1) the 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) (O26); 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 2023, the IPHC adopted a TCEY totaling 36,970,000 lb (16,769
mt) coastwide. This corresponds to a fishing intensity of approximately
F53 percent, which is more conservative than the F43 percent target
level of fishing intensity used to establish the TCEY for 2022. The
2023 TCEY is 4,250,000 lb (1,928 mt), or 10.3%, less than the TCEY
adopted in 2022.
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. The IPHC noted that a
recent change in the treatment of the natural mortality rate, from the
previously assumed value of 0.15 to an estimated value of to 0.21 in
the short regional model, and its effect on the full ensemble, resulted
in more optimistic projections due to the increase in the estimated
productivity of the stock. The IPHC noted that despite the optimistic
predictions for the long-term status of the stock, the near term
fishery will rely heavily on a single (2012) year class and
[[Page 14068]]
that the FISS and commercial fishery catch rates were currently at
their lowest rates in 30 years.
At a 36,970,000 lb (16,769 mt) TCEY, the IPHC estimated a
relatively low probability that the spawning biomass will decrease from
2024 to 2026 relative to 2023. Specifically, the IPHC estimated a 38%
probability of stock decline through 2024, and a 36% probability of
stock decline through 2026. The IPHC noted that if the recent reference
level of fishing intensity continued, the probability of a spawning
biomass decline was 75 percent by 2024 and 71 percent by 2026. The
factors that the IPHC considered in making their TCEY recommendations
are described in the 2023 Annual Meeting Report (IPHC-2023-AM099-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 2023 TCEY of 6,780,000 (3,075 mt) for Area 2B, which
equates to 18.3 percent of the total coastwide TCEY and is a 10.3
percent reduction from 2022. The IPHC made this recommendation after
considering recent historic harvests in Area 2B, the equal 10.3 percent
reduction recommended for the total U.S. areas, and similar factors
associated with the stock conditions, commercial fishery and FISS
performance, and stock assessment results described above in the 2023
Annual Meeting Report (IPHC-2023-AM099-R; available at <a href="http://www.iphc.int">www.iphc.int</a>).
The IPHC additionally adopted new regulations in Section 27 to allow a
daily bag limit of up to three fish per day in Area 2B beginning on or
after August 1 each year until 2025. Although a change from the
historical two-fish bag limit that existed prior to 2022, this change
had no impact on the TCEY allocations between the U.S. and Canada.
The IPHC adopted 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 1,520,000 (689 mt). The IPHC noted that the
United States Government recognizes its trust responsibility to the 13
treaty tribes in IPHC Regulatory Area 2A that depend upon Pacific
halibut. As such, the U.S. Commissioners have consistently supported a
TCEY of 1,650,000 lb for Regulatory Area 2A since 2019. This allocation
reflects the needs of West Coast Pacific halibut users, with minimal
impact on the larger Pacific halibut biomass that is distributed to the
north, and it remains a small fraction of the IPHC Region 2 allocation.
Stock assessment scientists at the IPHC Secretariat have affirmed that
under the current status of the Pacific halibut stock, a higher TCEY
for Regulatory Area 2A than what may be indicated by the modeled stock
distribution will not create a conservation concern.
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 2022
harvest rates, the recommendations from the IPHC's advisory boards,
public input, and social and economic factors. All U.S. areas
maintained or decreased in TCEY relative to 2022 (see Table 1). The
largest decreases were in Areas 4A (-17.6 percent) and 3A (-17
percent), while Areas 2C, 3B, 4B, and 2B received decreases ranging
from -1 to -10.3 percent relative to 2022. As noted above, Area 2A
received the same TCEY in 2023 as it did in 2022. The IPHC determined
that the 2023 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 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 2023, the IPHC recommended a catch limit for Area
4CDE of 2,020,000 (916 mt).
Table 1--Percent Change in TCEY Mortality Limits From 2022 to 2023 by IPHC Regulatory Area
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2022 Total mortality 2023 Total mortality Change from
Regulatory area limit (lb) limit (lb) 2022 (percent)
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2A........................................ 1,650,000 (748 mt) 1,650,000 (748 mt) 0.0
2B........................................ 7,560,000 (3,429 mt) 6,780,000 (3,075 mt) -10.3
2C........................................ 5,910,000 (2,681 mt) 5,850,000 (2,654 mt) -1.0
3A........................................ 14,550,000 (6,600 mt) 12,080,000 (5,479 mt) -17.0
3B........................................ 3,900,000 (1,769 mt) 3,670,000 (1,665 mt) -5.9
4A........................................ 2,100,000 (953 mt) 1,730,000 (785 mt) -17.6
4B........................................ 1,450,000 (658 mt) 1,360,000 (617 mt) -6.2
4CDE...................................... 4,100,000 (1,860 mt) 3,850,000 (1,746 mt) -6.1
Coastwide................................. 41,220,000 (18,697 mt) 36,970,000 (16,769 mt) -10.3
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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 2023 commercial
halibut fishery opening date for all IPHC regulatory areas is March 10,
2023. The closing date for the commercial halibut fisheries in all IPHC
regulatory areas is December 7, 2023. These commercial season dates are
a slight change from the season dates adopted by the IPHC in 2022. The
season opening of March 10 is more similar to the mid-March opening
common in the years prior to 2021,
[[Page 14069]]
while the closing date of December 7 is consistent with the closing
date in 2021 and 2022, representing an extension of time beyond the
mid-November closing common in the years prior to 2021. The extended
season maintains harvesting and market flexibility that stakeholders
have identified as important during the current period of uncertainty.
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 2023
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.
Area 2A Catch Sharing Plan
The NMFS West Coast Region will publish a proposed rule, 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 that are not
implemented through the IPHC. NMFS will address any comments received
in a final rule. Effective January 4, 2023, NMFS published a final rule
(87 FR 74322, December 5, 2022) to transfer the issuance of Area 2A
commercial and recreational charter vessel permits from the IPHC to
NMFS. The rule also established a regulatory framework for the Area 2A
Pacific halibut directed commercial fishery that, consistent with the
allocations and coastwide season dates set by the IPHC, allows NMFS to
annually determine dates and times the fishery is open and set harvest
limits for those periods of time. NMFS will publish in the Federal
Register such fishing dates and harvest limits prior to the start of
the commercial fishing season. Once published, the proposed and final
rules for Area 2A will be available on the NMFS West Coast Region's
website at <a href="https://www.fisheries.noaa.gov/west-coast/commercial-fishing/pacific-halibut-fishing-west-coast">https://www.fisheries.noaa.gov/west-coast/commercial-fishing/pacific-halibut-fishing-west-coast</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 adopted 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 2023 meeting, the IPHC adopted a CCL of 4,360,000
(1,978 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
800,000 (363 mt) of the CCL, and the remainder of the CCL, 3,560,000 lb
(1,615 mt), is allocated to the commercial fishery. Discard mortality
in the amount of 150,000 lb (68 mt) was deducted from the commercial
allocation to obtain the commercial catch limit of 3,410,000 lb (1,547
mt). The commercial allocation (including discard mortality) decreased
by 90,000 lb (40.8 mt), or 2.5 percent, from the 2022 allocation of
3,650,000 lb (1,656 mt). The 2023 Area 2C charter allocation of 800,000
lb (363 mt) is 20,000 lb (9.1 mt), or 2.5 percent less than the 2022
charter sector allocation of 820,000 lb (372 mt).
The IPHC adopted a CCL of 10,310,000 lb (4,676.5 mt) for Area 3A.
Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR
part 300, the charter fishery is allocated 1,890,000 lb (857 mt) of the
CCL and the remainder of the CCL, 8,420,000 lb (3,819 mt), is allocated
to the commercial fishery. Discard mortality in the amount of 580,000
lb (263 mt) was deducted from the commercial allocation to obtain the
commercial catch limit of 7,840,000 lb (3,556 mt). The commercial
allocation (including discard mortality) decreased by 1,540,000 lb
(698.5 mt), or 16.8 percent, from the 2022 allocation of 9,960,000 lb
(4,518 mt). The charter allocation decreased by 220,000 lb (100 mt), or
11.3 percent, from the 2022 allocation of 2,110,000 lb (957 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 2022, 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 2023 (charter halibut
analysis) is available at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>.
After reviewing the charter halibut analysis, the Committee made
conservative recommendations for preferred management measures to the
NPFMC for 2023. These recommendations were intended to provide
equitable harvest opportunity
[[Page 14070]]
across charter business arrangements and maintain total charter
harvests within the 2023 allocations for both Areas 2C and 3A. The
NPFMC considered the charter halibut analysis, the recommendations of
the Committee, and public testimony to develop its recommendation to
the IPHC. 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 the charter halibut harvest to
the charter catch allocation. The IPHC's adopted 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 2023 in Area 2C, the IPHC adopted 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).
To meet the 2023 allocation, the IPHC additionally adopted a closure of
all Mondays from July 24 to December 31, 2023. The NPFMC and IPHC
considered information on charter removals in 2022, and previous years'
projections of charter harvest, and charter allocations. 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 796,000 lb (361 mt) of charter
removals, which is 4,000 lb (1.8 mt) and 0.5 percent below the Area 2C
charter allocation. Reverse slot limits have proven an effective tool
to limit the number and pounds of retained halibut. With the exception
of the aforementioned Monday closures after July 24, these measures are
consistent with the bag limit and reverse slot limit implemented for
Area 2C in 2022.
Management Measures for Charter Vessel Fishing in Area 3A
For 2023, the IPHC adopted the following management measures for
Area 3A: (1) a two-fish daily 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: June 20, June 27, July 4,
July 11, July 18, July 25, August 1, August 8, August 15. The projected
charter harvest for 2023 under this combination of recommended measures
is 1,871,000 lb (848.7 mt), which is 19,000 lb (8.6 mt) and 1.0 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 2022. The NPFMC and IPHC considered
information on charter removals in 2022 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 2022 measures, were
appropriate to limit charter removals to the 2023 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
previously in effect from 2016 through 2019, and 2022, in Area 3A.
Trip Limit for Charter Vessels Harvesting Halibut in Area 3A
Charter halibut permits and charter vessels in 2023 are authorized
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 2023, 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 recommended and the IPHC adopted a closure on retaining
halibut by charter vessel anglers on all Wednesdays and the following
Tuesdays for Area 3A in 2023: June 20, June 27, July 4, July 11, July
18, July 25, August 1, August 8, August 15. 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
Limited On-Board Consumption
The IPHC adopted a new regulation in Section 28 to allow limited
on-board consumption of halibut for recreational anglers in Alaska
Regulatory Areas. This regulation adds flexibility to the existing
recreational Pacific halibut fishing regulations, while retaining
existing regulations that provide effective enforcement of daily bag
limits and possession limits. Existing regulations allow recreationally
caught halibut on charter vessels and pleasure craft to be cut into no
more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces. Under
the new regulations, either one dorsal piece or one ventral piece from
one halibut on board the vessel may be consumed.
Logbook Requirements
The IPHC adopted a regulation revising the list of logbooks in
Section 19(1) of IPHC regulations to include a new Pacific Coast
Groundfish non-trawl logbook provided by NOAA Fisheries (87 FR 74328,
December 5, 2022) to the list that can fulfill the IPHC log
requirements in Area 2A.
International Pacific Halibut Commission Fishery Regulations 2023
(Annual Management Measures)
The following annual management measures for the 2023 Pacific
halibut fishery are those recommended by the IPHC and accepted by the
Secretary of State, with the concurrence of the Secretary of Commerce.
[[Page 14071]]
1. Short Title
These Regulations may be cited as the International Pacific Halibut
Commission (IPHC) Fishery Regulations (2023).
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 29 apply generally to all Pacific halibut
fishing.
(3) Sections 9 to 22 apply to commercial fishing for Pacific
halibut.
(4) Section 23 applies to Indigenous fisheries in British Columbia.
(5) Section 24 applies to customary and traditional fishing in
Alaska.
(6) Sections 25 to 28 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 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) ``permit'' means a Pacific halibut fishing license issued by
NOAA Fisheries;
(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) ``total constant exploitation yield (TCEY)'' means the
mortality comprised of Pacific halibut from directed fisheries and that
from non-directed fisheries greater than 26 inches (66 cm) in length;
(v) ``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;
[[Page 14072]]
(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:
------------------------------------------------------------------------
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).............. 3,075 6.78
Area 2C (southeastern Alaska)........... 2,654 5.85
Area 3A (central Gulf of Alaska)........ 5,479 12.08
Area 3B (western Gulf of Alaska)........ 1,665 3.67
Area 4A (eastern Aleutians)............. 785 1.73
Area 4B (central and western Aleutians). 617 1.36
Areas 4CDE (Bering Sea)................. 1,746 3.85
-------------------------------
Total............................... 16,769 36.97
------------------------------------------------------------------------
(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 689 1.52
Washington)............................
Non-treaty directed commercial 117 *257,819
(south of Pt. Chehalis)............
Non-treaty incidental catch in 21 *45,497
salmon troll fishery...............
Non-treaty incidental catch in 32 *70,000
sablefish fishery (north of Pt.
Chehalis)..........................
Treaty Indian commercial............ 228 *502,500
Treaty Indian ceremonial and 13 *29,500
subsistence (year-round)...........
Recreational--Washington............ 128 *281,728
Recreational--Oregon................ 133 *293,436
Recreational--California............ 18 *39,520
Area 2B (British Columbia) (combined 2,685 5.92
commercial and recreational)...........
Commercial fishery.................. 2,282 5.03
Recreational fishery................ 404 0.89
Area 2C (southeastern Alaska) (combined 1,978 4.36
commercial and guided recreational)....
Commercial fishery (includes 3.41 1,615 3.56
Mlb landings and 0.15 Mlb discard
mortality).........................
Guided recreational fishery 363 0.80
(includes landings and discard
mortality).........................
Area 3A (central Gulf of Alaska) 4,677 10.31
(combined commercial and guided
recreational)..........................
Commercial fishery (includes 7.84 3,819 8.42
Mlb landings and 0.58 Mlb discard
mortality).........................
Guided recreational fishery 857 1.89
(includes landings and discard
mortality).........................
Area 3B (western Gulf of Alaska)........ 1,402 3.09
Area 4A (eastern Aleutians)............. 640 1.41
Area 4B (central and western Aleutians). 553 1.22
Areas 4CDE.............................. 916 2.02
Area 4C (Pribilof Islands).......... 408 0.90
Area 4D (northwestern Bering Sea)... 408 0.90
Area 4E (Bering Sea flats).......... 100 0.22
-------------------------------
Total........................... 13,535 29.84
------------------------------------------------------------------------
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share
Plan are listed in pounds.
[[Page 14073]]
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:
(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
Quota (IVQ), Individual Transferable Quota (ITQ), Community Development
Quota (CDQ), or Individual Fishing Quota (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 22(1)(c), Section 23, or
Section 24.
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 10 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) Regulations pertaining to the non-tribal directed commercial
fishing \2\ periods in IPHC Regulatory Area 2A will be promulgated by
NOAA Fisheries and published in the Federal Register. This fishery will
occur between the dates and times listed in paragraphs (2) and (3) of
this Section.
---------------------------------------------------------------------------
\2\ The non-tribal directed commercial 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) of this Section, 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) of this Section, 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 17,
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
[[Page 14074]]
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 non-tribal 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.
(2) Notwithstanding the fishery limits described in Section 5, the
IPHC Regulatory Area 2A non-tribal directed commercial fishery will
close when NOAA Fisheries determines and announces in the Federal
Register that the fishery limit has been or is projected to be reached,
or on the date when fishing must cease as specified in Section 9,
whichever is earlier.
(3) Notwithstanding the fishery limits described in Section 5, the
commercial fishing in IPHC Regulatory Area 2B will close only when all
Individual Vessel Quota (IVQ) and Individual Transferable Quota (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 Quota (IFQ) and all Community
Development Quota (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) 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.
(6) 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 IPHC Regulatory Area 2A
(1) No person shall fish for Pacific halibut from a vessel, nor
land or retain Pacific halibut on board a vessel, used for commercial
fishing in IPHC Regulatory Area 2A, unless issued a permit valid for
fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50
CFR 300 Subpart E.
(2) It shall be unlawful for any vessel to retain more Pacific
halibut than authorized by that vessel's permit in any fishing period
for which a fishing period limit is announced by NOAA Fisheries in the
Federal Register.
(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 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.
(4) 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.
(5) The provisions of paragraph (4) 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.
(6) Fishing period limits in IPHC Regulatory Area 2A will be
promulgated by NOAA Fisheries and published in the Federal Register and
apply only to the non-tribal directed commercial Pacific halibut
fishery referred to in paragraph (4) of Section 9.
14. Fishing in IPHC Regulatory Areas 4D and 4E
(1) Section 14 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 Individual Fishing Quota
(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 18, 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 paragraph (2) of
this Section. 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.
15. 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
[[Page 14075]]
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 16 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 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.
16. 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
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.
17. 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
[[Page 14076]]
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 non-tribal 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 non-tribal 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.
18. 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.
(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.
19. 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/Individual Fishing Quota
(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 Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook,
Pacific Coast Groundfish non-trawl logbook provided by NOAA Fisheries,
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 an 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:
[[Page 14077]]
(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 an 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 an authorized representative of
the Commission.
(8) No person shall make a false entry in a log referred to in this
Section.
20. 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 permit required by Section 13(1).
(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 this
Section 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 20
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 18.
(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 20
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 Individual Fishing Quota (IFQ)
and Community Development Quota (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 18(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
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 18(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 Individual Vessel Quota (IVQ) or
Individual Transferable Quota (ITQ), 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 18(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 an 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 or by a Federal or State agency.
21. 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.
[[Page 14078]]
22. 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 13(1) 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 17
(fishing gear), except paragraphs (7) and (8) of Section 17, Section 18
(size limits), Section 19 (logs), and Section 20 (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.
23. 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.
24. 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.
25. 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
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.
26. 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) No person shall fish for Pacific halibut from a vessel, nor
land or retain Pacific halibut on board a vessel, used as a charter
vessel in IPHC Regulatory Area 2A, unless issued a permit valid for
fishing in IPHC Regulatory Area 2A by NOAA Fisheries according to 50
CFR 300 Subpart E.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) Specific regulations describing fishing periods, fishery
limits, fishing dates, and daily bag limits are promulgated by NOAA
Fisheries and published in the Federal Register.
27. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2B
(1) In all waters off British Columbia: <SUP>6 7</SUP>
---------------------------------------------------------------------------
\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.
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(a) the recreational (sport) fishing season will open on 1
February;
(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
[[Page 14079]]
person, and may be increased to a daily bag limit of three (3) Pacific
halibut per day, per person on or after 1 August. This provision shall
remain in effect through 2025, unless extended by a vote of the
Commission.
(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.<SUP>6 7</SUP>
28. 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: <SUP>8 9</SUP>
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\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.
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(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. Either one dorsal piece or one ventral
piece from one Pacific halibut on board may be consumed;
(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; and
(c) no person on board a charter vessel may catch and retain
Pacific halibut in 2023 on any Monday from July 24-December 31.
(3) For guided recreational (sport) fishing (as referred to in 50
CFR 300.65) in IPHC Regulatory Area 3A:
(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 in 2023 on any Wednesday, or on the following Tuesdays:
June 20, June 27, July 4, July 11, July 18, July 25, August 1, August
8, August 15.
29. Previous Regulations Superseded
These Regulations shall supersede all previous regulations of the
Commission, and these Regulations shall be effective each succeeding
year until superseded.
[[Page 14080]]
[GRAPHIC] [TIFF OMITTED] TR07MR23.000
Figure 1. IPHC Regulatory Areas for the Pacific Halibut Fishery
[GRAPHIC] [TIFF OMITTED] TR07MR23.001
Figure 2. Minimum Commercial Size
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.
[[Page 14081]]
553 or any other law does not require prior notice and an opportunity
for public comment for this notice of the effectiveness of the IPHC's
2023 management measures, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. This final
rule has been determined to be not significant for the purposes of
Executive Order 12866.
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)
(2023). This final rule contains no new recordkeeping requirements
beyond those contained in existing Alaska state or federal 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 2023.
Authority: 16 U.S.C. 773 et seq.
Dated: March 1, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-04598 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on March 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.