Rule2025-04803
Pacific Halibut Fisheries; Catch Sharing Plan; 2025 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 21, 2025
Effective
March 14, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Assistant Administrator for Fisheries, NOAA, on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2025 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 (NPFMC).
Full Text
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<title>Federal Register, Volume 90 Issue 54 (Friday, March 21, 2025)</title>
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[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Rules and Regulations]
[Pages 13293-13309]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04803]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 250314-0038; RTID 0648-XE602]
Pacific Halibut Fisheries; Catch Sharing Plan; 2025 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, NOAA, on behalf of
the International Pacific Halibut Commission (IPHC), publishes as
regulations the 2025 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 (NPFMC).
[[Page 13294]]
DATES: The IPHC's 2025 annual management measures became effective
March 14, 2025. The 2025 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, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802. This
final rule also is accessible via the internet at the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, identified by docket
number NOAA-NMFS-2025-0021.
FOR FURTHER INFORMATION CONTACT: For Convention waters off Alaska, Kurt
Iverson, 907-586-7210; or, for Convention waters off the U.S. West
Coast, Heather Fitch, 360-867-8608.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2025, 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 2025 IPHC Fishery Regulations on
March 14, 2025 thereby making them effective.
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 PFMC and NPFMC 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 off 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 (recreational) and
commercial halibut 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, and
Tribal, sport, and non-Tribal directed commercial halibut fishery
regulations for Area 2A, 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 for Areas 2C, 3A, and Areas 4C, 4D, and 4E, respectively.
The NPFMC implemented a catch sharing plan 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 catch
sharing plan regulations are codified at 50 CFR 300.65. New annual
regulations pertaining to the Area 4 catch sharing plan 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
catch sharing plan for commercial IFQ and guided sport (charter)
halibut fisheries in IPHC Regulatory Areas 2C and 3A on January 13,
2014 (78 FR 75844, December 12, 2013). The Area 2C and 3A catch sharing
plan regulations are codified at 50 CFR 300.65. The catch sharing plan
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 Vancouver, British Columbia,
from January 27 through 31, 2025, and recommended a number of changes
to the previous IPHC regulations (89 FR 19275, March 18, 2024). On
March 14, 2025, 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, and section 28
of the 2025 IPHC Fishery Regulations:
1. New halibut catch limits in all regulatory areas. The catch
limits are presented in two tables in section 5. They 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 commercial fishery season dates and start time in section 9;
and
3. New management measures for Area 2C and Area 3A guided sport
fisheries in section 28.
Pursuant to regulations at 50 CFR 300.62, the 2025 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 NMFS publishes the IPHC's annual management
measures in this action, and those measures are applicable to the
entire Convention area, this action includes some provisions relating
to 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 a 2025 coastwide mortality limit, also called the Total Constant
Exploitation Yield (TCEY), of 29,720,000 pounds (lb) (13,480 metric
tons (mt)). The IPHC refers to catch limits as Fishery Constant
Exploitation Yield (FCEY), which are derived from the TCEY by directed
fisheries that are specified in the IPHC regulations and are subject to
area-specific catch agreements among the domestic parties. Coastwide,
the 2025 TCEY decreased 15.8 percent from the FCEY implemented in 2024.
Except for Area 2A, which remained at the same level as has been in
place since 2019, the FCEY in each regulatory area decreased relative
to the 2024 mortality limit. A
[[Page 13295]]
description of the process the IPHC used to set these mortality limits
and catch limits follows.
For the upcoming 2025 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-2025-AM101-R; available at <a href="https://www.iphc.int">https://www.iphc.int</a>). To evaluate the
Pacific halibut stock, the IPHC uses an ``ensemble'' of 4 equally
weighted models: 2 long time-series models incorporating data from 1888
to the present and 2 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 2024 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 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 2024
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. In more recent years, from 2016 to 2024, the
spawning biomass is estimated to have declined 32 percent, then
increased by 3 percent, to 149,000,000 lb (65,771 mt) at the beginning
of 2025, largely as a function of the maturing 2012 and 2016 year
classes. The spawning biomass is currently estimated to be at 38
percent of its unfished state, and is near the lowest level 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. Fishing intensity is expressed as
an F value; therefore, the reference fishing intensity of 43 percent
SPR (i.e., F43) 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 percentages would be expected to result in higher fishing
intensity.
The IPHC harvest decision table (table 1 in IPHC-2025-AM101-13;
available at <a href="https://www.iphc.int">https://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 2025. 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 centimeters (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 2025, the IPHC adopted a TCEY totaling 29,720,000 lb (13,481
mt) coastwide. This corresponds to a fishing intensity of approximately
F51 percent, which is similar to 2024 (F52 percent) and more
conservative than the F43 percent reference level of fishing intensity
used to establish TCEYs in years prior to 2023. The 2025 TCEY is
5,560,000 lb (2,522 mt), or 15.8 percent, less than the TCEY adopted in
2024.
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 in 2023
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
positive outlook for the long-term status of the stock, the near term
fishery will rely heavily on a single year class (2012), and also noted
that the FISS and commercial fishery catch rates have been very low for
three consecutive years and are currently at the lowest rates observed
in over 30 years.
At a coastwide TCEY of 29,720,000 lb (13,481 mt), the IPHC
considered the probability that the spawning biomass will decrease from
2026 to 2028 relative to 2025. Specifically, the IPHC estimated a 26
percent probability of stock decline through 2026, and a 30 percent
probability of stock decline through 2027. The IPHC noted that if the
recent reference level of fishing intensity was adopted, the
probability of a spawning biomass decline was 57 percent by 2026 and 58
percent by 2027. The factors that the IPHC considered in making their
TCEY recommendations are described in the 2025 Annual Meeting Report
(IPHC-2025-AM101-R; available at <a href="https://www.iphc.int">https://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 Canada and British Columbia. 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 2025
TCEY of 5,450,000 (2,472 mt) for Area 2B, which equates to 18.3 percent
of the total coastwide TCEY and is a 15.8 percent reduction from 2024.
The IPHC made this recommendation after considering recent harvests in
Area 2B, the equal 15.8 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 2025 Annual Meeting Report (IPHC-2025-AM101-R;
available at <a href="https://www.iphc.int">https://www.iphc.int</a>).
The IPHC adopted an allocation for Area 2A that would provide a
TCEY of 1,650,000 lb (748 mt). Although the 2025 TCEY in Area 2A
remained the same as 2024, the combined commercial, Tribal, and
recreational
[[Page 13296]]
FCEY catch limits increased by 4.1 percent to 1,530,000 (694 mt). This
was a result of reduced estimates of commercial directed and non-
directed fishery discards in Area 2A for 2025.
For Area 2A, the IPHC noted that a status quo TCEY does not pose a
conservation concern for 2025. Additionally, the U.S. 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 Biological Region 2 allocation.
Stock assessment scientists at the IPHC 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 2024
harvest rates, the recommendations from the IPHC's advisory bodies,
public input, and social and economic factors. All Alaska areas
decreased in TCEY relative to 2024 (see table 1). The largest decreases
were in Areas 3A (-20.1 percent) and 3B (-17.1 percent), while Areas
2C, 4A, 4B, and 4CDE received decreases ranging from -9.8 to -16.8
percent, relative to 2024. The IPHC determined that the 2025 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 TCEY 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 (752 mt), a direct allocation of 80,000 lb (36 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 catch sharing
plan. Those percentages are 46.43 percent each to 4C and 4D and 7.14
percent to 4E. For 2025, after the adjustments for non-directed halibut
discards were made, the IPHC recommended a catch limit for Area 4CDE of
1,610,000 lb (730 mt).
Table 1--Percent Change in TCEY Mortality Limits From 2024 to 2025 by IPHC Regulatory Area
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2024 total mortality 2025 total mortality Change from
Regulatory area limit (lb) limit (lb) 2024 (percent)
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2A........................................ 1,650,000 (748 mt) 1,650,000 (748 mt) 0.0
2B........................................ 6,470,000 (2,935 mt) 5,450,000 (2,472 mt) -15.8
2C........................................ 5,790,000 (2,626 mt) 5,220,000 (2,368 mt) -9.8
3A........................................ 11,360,000 (5,153 mt) 9,080,000 (4,119 mt) -20.1
3B........................................ 3,450,000 (1,565 mt) 2,860,000 (1,297 mt) -17.1
4A........................................ 1,610,000 (730 mt) 1,340,000 (608 mt) -16.8
4B........................................ 1,250,000 (567 mt) 1,040,000 (472 mt) -16.8
4CDE...................................... 3,700,000 (1,678 mt) 3,080,000 (1,397 mt) -16.8
Coastwide................................. 35,280,000 (16,003 mt) 29,720,000 (13,481 mt) -15.8
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Commercial Halibut Fishery Opening and Closing Dates and Opening Time
The IPHC considers advice from the IPHC's two advisory bodies (the
Conference Board and the Processor Advisory Board), as well as direct
testimony from the public, when selecting opening and closing dates and
times for the commercial halibut fishery. The 2025 commercial halibut
fishery opening date for all IPHC regulatory areas is March 20, 2025.
The closing date for the commercial halibut fisheries in all IPHC
regulatory areas is December 7, 2025. The March 20 commercial season
opening date is 5 days later than the March 15 opening in 2024, while
the closing date of December 7 is consistent with the closing dates
from 2021 through 2024, 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 as well as adequate time
for IPHC staff to review the complete record of 2025 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.
The IPHC retained the time of day for opening the 2025 fishery at
06:00 local time, which is the same as the 2024 fishery. Opening the
fishery at 06:00 was in response to recommendations from the IPHC's 2
advisory bodies, which noted that allowing a full day of fishing on
March 20 facilitates access to markets and improves fishing efficiency
and opportunity.
Area 2A Catch Sharing Plan
The NMFS West Coast Region published a proposed rule (89 FR 104959,
December 26, 2024), with public comments accepted for 30 days, to
approve changes to the Pacific halibut catch sharing plan for Area 2A
off Washington, Oregon, and California and implement annual management
measures for the Area 2A recreational fishery, as recommended by the
PFMC in the catch sharing plan. These annual management measures
include recreational fishery subarea allocations and management
measures that are not implemented through the IPHC. NMFS will address
any comments received in a final rule.
NMFS West Coast Region will separately publish a proposed rule for
annual management measures for the Area 2A non-Tribal directed
commercial fishery. Management measures will include vessel catch
limits, as well as
[[Page 13297]]
fishing periods that fall within the coastwide commercial season dates
set forth in section 9 of the IPHC regulations. Public comments will be
accepted and NMFS will address any comments received in a final rule.
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="https://www.regulations.gov">https://www.regulations.gov</a>.
Catch Sharing Plan for Area 2C and Area 3A
In 2014, NMFS implemented a catch sharing plan for Area 2C and Area
3A. The catch sharing plan 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 catch
sharing plan, the IPHC adopted combined catch limits (CCL) for the
commercial and charter halibut fisheries in Area 2C and Area 3A. Each
CCL includes estimates of discard mortality for each fishery. The catch
sharing plan was implemented to achieve the halibut fishery management
goals of the NPFMC. More information is provided in the final rule
implementing the catch sharing plan (78 FR 75844, December 12, 2013).
Implementing regulations for the catch sharing plan are at 50 CFR
300.65. The Area 2C and Area 3A catch sharing plan 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 catch sharing plan also authorizes annual transfers
of commercial halibut IFQ as GAF to charter halibut permit holders for
harvest in the charter fishery. Pacific halibut that are retained by
charter vessel anglers as GAF are not subject to the annual charter
halibut management measures specified in the 2025 IPHC Fishery
Regulations. Under the catch sharing plan regulations, charter vessel
anglers may use GAF to harvest up to two halibut of any size per day.
Complete GAF regulations for the catch sharing plan are at 50 CFR
300.65.
At its January 2025 meeting, the IPHC adopted a CCL of 3,910,000 lb
(1,774 mt) for Area 2C. Following the catch sharing plan allocations in
tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery is
allocated 720,000 (327 mt) of the CCL, and the remainder of the CCL,
3,190,000 lb (1,447 mt), is allocated to the commercial fishery.
Discard mortality in the amount of 120,000 lb (54 mt) was deducted from
the commercial allocation to obtain the commercial catch limit of
3,070,000 lb (1,393 mt). The commercial allocation (including discard
mortality) decreased by 420,000 lb (191 mt), or 11.6 percent, from the
2024 allocation of 3,610,000 lb (1,637 mt). The 2025 Area 2C charter
allocation of 720,000 lb (327 mt) is 90,000 lb (41 mt), or 11.1 percent
less than the 2024 charter allocation of 810,000 lb (367 mt).
The IPHC adopted a CCL of 7,820,000 lb (3,547 mt) for Area 3A.
Following the catch sharing plan allocations in tables 2 and 4 of
subpart E of 50 CFR part 300, the charter fishery is allocated
1,480,000 lb (671 mt) of the CCL and the remainder of the CCL,
6,340,000 lb (2,876 mt), is allocated to the commercial fishery.
Discard mortality in the amount of 450,000 lb (204 mt) was deducted
from the commercial allocation to obtain the commercial catch limit of
5,890,000 lb (2,672 mt). The commercial allocation (including discard
mortality) decreased by 1,760,000 lb (798 mt), or 21.7 percent, from
the 2024 allocation of 8,100,000 lb (3,674 mt). The 2025 Area 3A
charter allocation dropped 410,000 lb (186 mt), or 21.7 percent, from
2024.
Charter Halibut Management Measures for Area 2C and Area 3A
Guided sport (charter) 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 halibut management measures included in the 2025 IPHC 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, nor
to charter vessel anglers in areas other than Areas 2C and 3A.
By way of background, 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 2024, 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 and 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
2025 (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 2025. These recommendations were intended to provide
equitable harvest opportunity across charter business arrangements and
maintain total charter harvests within the 2025 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 charter halibut 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 2025 in Area 2C, the IPHC adopted the continuation of a 1-fish
daily bag limit that has been in effect
[[Page 13298]]
each year for charter vessel anglers since the catch sharing plan was
implemented in 2014. This bag limit is combined with a size limit on
retained Pacific halibut, day of the week closures, and new regulations
for 2025 in Area 2C that specify charter halibut permits and charter
vessels may only be used for 1 charter vessel fishing trip per day when
one or more anglers on board catch and retain halibut.
The size limit prohibits from taking or possessing any halibut,
with head on that is greater than 37 inches (94.0 cm) and less than 80
inches (203.2 cm). All charter halibut size limits referenced in this
document are measured in a straight line from the tip of the lower jaw
with mouth closed, passing over the pectoral fin, to the extreme end of
the middle of the tail. The day of the week closures prohibit the
retention of Pacific halibut by charter vessel anglers on Tuesdays from
May 13 to September 9, 2025. The charter vessel and charter halibut
permit trip limits are discussed further below.
These management measures are more restrictive than the measures
implemented in 2024. To develop these measures, the Committee, the
NPFMC, and IPHC considered the ADFG analysis that evaluated the
performance of prior years' measures, as well as projections of charter
halibut fishing effort for 2025. With the above management measures in
place, the projected charter harvest is expected to meet the 720,000 lb
(327 mt) charter halibut allocation for Area 2C.
Management Measures for Charter Vessel Fishing in Area 3A
For 2025, the IPHC adopted the following management measures for
Area 3A: (1) a two-fish daily bag limit that allows 1 fish of any size
and a 27 inch (68.6 cm) maximum size limit for the other halibut; (2) a
prohibition on halibut retention by charter vessel anglers on all
Tuesdays and Wednesdays; and (3) a 1-trip per day limit for charter
halibut permits and charter vessels for the entire season. Regarding
the day closures, such closures in Area 3A have proven effective in
decreasing the charter halibut harvest to help stay within the
allocation. The charter vessel and charter halibut permit trip limits
are discussed further below.
The Area 3A management measures for 2025 are more conservative than
those imposed in 2024 and primarily reflect a 21.7 percent decrease in
charter allocation from 2024 to 2025. The NPFMC and IPHC also
considered information on charter removals in 2024 and for previous
years, as well as the projections of charter harvest in 2025 to
determine the management measures in Area 3A. The projected charter
harvest for 2025 under the combination of recommended measures is
1,880,000 lb (852.8 mt), which is 10,000 lb (4.5 mt) and 0.5 percent
below the charter allocation.
Charter Vessel and Charter Halibut Permit Trip Limits in Areas 2C and
3A
As noted above, in both Area 2C and Area 3A, charter halibut
permits and charter vessels in 2025 are authorized for use to catch and
retain halibut on one charter halibut fishing trip per day. These
regulations have been in place each year since 2016 in Area 3A, and
have proven effective in controlling halibut harvests. In 2025, these
regulations will apply to both Areas 2C and 3A.
The 2025 IPHC Fishery Regulations contain a definition of charter
vessel fishing trip that differs from the definition of that term at 50
CFR 300.61. Namely, for purposes of the trip limits in Areas 2C and 3A
in 2025, a charter vessel fishing trip begins the first time Pacific
halibut are caught and retained. If no halibut are retained during a
charter vessel fishing trip, the charter halibut permit and charter
vessel may be used to take an additional trip to catch and retain
halibut that day. A charter vessel fishing trip will end at the end of
the calendar day, when any angler is offloaded, or when any halibut is
offloaded, whichever comes first. A charter halibut permit or charter
vessel may conduct overnight trips since charter vessel anglers may
retain a bag limit of halibut on two calendar days. But a charter
halibut permit or charter vessel cannot be used to begin another
overnight trip until the day after the previous charter vessel fishing
trip ends.
Also, GAF are exempt from the management measures for charter
vessel fishing, including trip limits. Therefore, a charter halibut
permit and a charter vessel may be used to harvest GAF on a second
charter vessel fishing trip in a day, but only if exclusively GAF are
harvested on that trip. Additionally, retention of GAF halibut is
allowed on charter vessels on days that are otherwise closed to halibut
retention; as noted above, in 2025 these closed days include all
Tuesdays from May 13 to September 9 in Area 2C and all Tuesdays and
Wednesdays in Area 3A.
International Pacific Halibut Commission Fishery Regulations 2025
(Annual Management Measures)
The following annual management measures for the 2025 Pacific
halibut fishery are those recommended by the IPHC and accepted by the
Secretary of State, with the concurrence of the Secretary of Commerce.
1. Short Title
These Regulations may be cited as the International Pacific Halibut
Commission (IPHC) Fishery Regulations (2025).
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)
[[Page 13299]]
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;
(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)........ 2,472 5.45
[[Page 13300]]
Area 2C (southeastern Alaska)..... 2,368 5.22
Area 3A (central Gulf of Alaska).. 4,119 9.08
Area 3B (western Gulf of Alaska).. 1,297 2.86
Area 4A (eastern Aleutians)....... 608 1.34
Area 4B (central and western 472 1.04
Aleutians).......................
Areas 4CDE (Bering Sea)........... 1,397 3.08
-------------------------------------
Total......................... 13,481 29.72
------------------------------------------------------------------------
(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 694 1.53
Washington)......................
Non-treaty directed commercial 118 * 259,515
(south of Pt. Chehalis)......
Non-treaty incidental catch in 21 * 45,797
salmon troll fishery.........
Non-treaty incidental catch in 32 * 70,000
sablefish fishery (north of
Pt. Chehalis)................
Treaty Indian commercial...... 236 * 520,700
Treaty Indian ceremonial and 7 * 14,800
subsistence (year-round).....
Recreational--Washington **... 129 * 284,042
Recreational--Oregon **....... 134 * 295,367
Recreational--California **... 18 * 39,780
Area 2B (British Columbia) 2,064 4.55
(combined commercial and
recreational)....................
Commercial fishery............ 1,755 3.87
Recreational fishery.......... 308 0.68
Area 2C (southeastern Alaska) 1,774 3.91
(combined commercial and guided
recreational)....................
Commercial fishery (includes 1,447 3.19
3.07 Mlb landings and 0.12
Mlb discard mortality).......
Guided recreational fishery 327 0.72
(includes landings and
discard mortality)...........
Area 3A (central Gulf of Alaska) 3,547 7.82
(combined commercial and guided
recreational)....................
Commercial fishery (includes 2,876 6.34
5.89 Mlb landings and 0.45
Mlb discard mortality).......
Guided recreational fishery 671 1.48
(includes landings and
discard mortality)...........
Area 3B (western Gulf of Alaska).. 1,120 2.47
Area 4A (eastern Aleutians)....... 454 1.00
Area 4B (central and western 408 0.90
Aleutians).......................
Areas 4CDE (Bering Sea)........... 730 1.61
Area 4C (Pribilof Islands).... 340 0.75
Area 4D (northwestern Bering 340 0.75
Sea).........................
Area 4E (Bering Sea flats).... 54 0.12
-------------------------------------
Total..................... 10,791 23.79
------------------------------------------------------------------------
* Allocations resulting from the IPHC Regulatory Area 2A Catch Share
Plan are listed in pounds.
** In IPHC Regulatory Area 2A, the USA (NOAA Fisheries) may take in-
season action to reallocate the recreational fishery limits between
Washington, Oregon, and California, after determining that such action
will not result in exceeding the overall IPHC Regulatory Area 2A
recreational fishery limit, and that such action is consistent with
any domestic catch sharing plan. Any such reallocation will be
announced by the USA (NOAA Fisheries) and published in the Federal
Register.
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
[[Page 13301]]
of America treaty Indian, and Provincial fishery officials; and the
media.
(5) Notwithstanding paragraphs (3) and (4) of this Section, in IPHC
Regulatory Area 2A the USA (NOAA Fisheries) may take in-season action
to reallocate the recreational fishery limits between Washington,
Oregon, and California after determining that such action will not
result in exceeding the overall IPHC Regulatory Area 2A recreational
fishery limit and that such action is consistent with any domestic
catch sharing plan. Any such reallocation will be announced by the USA
(NOAA Fisheries) and published in the Federal Register.
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 06:00 local time on 20 March.
(3) All commercial fishing for Pacific halibut in all IPHC
Regulatory Areas shall cease for the year at 23:59 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 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
[[Page 13302]]
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
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.
[[Page 13303]]
(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 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
[[Page 13304]]
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.
(2) The operator of a vessel fishing in waters in and off Alaska
must use one of the following logbooks:
(a) IPHC Pacific halibut logbook (or logbook previously provided by
IPHC) or IPHC-approved electronic equivalent;
(b) catcher vessel longline and pot gear Daily Fishing Logbook, or
catcher/processor longline and pot gear Daily Cumulative Production
Logbook, in electronic or paper form, provided or approved by NOAA
Fisheries;
(c) hook-and-line logbook provided by Alaska Longline Fishermen's
Association; or
(d) Alaska Department of Fish and Game (ADFG) longline-pot logbook.
(3) The operator of a vessel fishing in IPHC Regulatory Area 2A
must use either:
(a) IPHC Pacific halibut logbook (or logbook previously provided by
IPHC) or IPHC-approved electronic equivalent;
(b) Oregon Department of Fish and Wildlife (ODFW) Fixed Gear
Logbook; or
(c) Pacific Coast Groundfish non-trawl logbook provided by NOAA
Fisheries.
(4) The logbooks referred to in paragraphs (2) and (3) 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 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.
(5) The logbooks referred to in paragraphs (2) and (3) 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;
(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; and
(f) submitted to the Commission within 30 days of the season
closing date if not previously collected by an authorized
representative of the Commission or otherwise made available to the
Commission.
(6) 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.
(7) The operator of any Canadian vessel fishing for Pacific halibut
shall maintain an accurate record in the British Columbia Integrated
Groundfish Fishing Log.
(8) The log referred to in paragraph (7) 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.
(9) The log referred to in paragraph (7) shall be:
(a) maintained on board the vessel;
(b) retained for a period of two years by the owner or operator of
the vessel;
(c) open to inspection by an authorized officer or 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;
[[Page 13305]]
(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.
(10) No person shall make a false entry in a log referred to in
this Section.
(11) Writing in a log referred to in this Section shall be clear
and legible.
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.
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:
[[Page 13306]]
(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.
---------------------------------------------------------------------------
(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 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
[[Page 13307]]
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>
---------------------------------------------------------------------------
\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\ Under regulations promulgated by NOAA Fisheries at 50 CFR
300.66(u), it is unlawful for any person to be a charter vessel
guide of a charter vessel on which one or more charter vessel
anglers are catching and retaining Pacific halibut in both IPHC
Regulatory Areas 2C and 3A during one charter vessel fishing trip.
---------------------------------------------------------------------------
(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;
(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;
and
(i) in IPHC Regulatory Areas 2C and 3A:
(1) a ``charter halibut permit'' as defined at 50 CFR 300.61 may
only be used for one charter vessel fishing trip in which Pacific
halibut are caught and retained per calendar day;
(2) a ``charter vessel'' as defined at 50 CFR 300.61 may only be
used for one charter vessel fishing trip in which Pacific halibut are
caught and retained per calendar day; and
(3) for purposes of subsections (1) and (2) of this paragraph, a
``charter vessel fishing trip'' is defined as the time period between:
(a) the first time Pacific halibut are caught and retained on a charter
vessel by a charter vessel angler (as defined at 50 CFR 300.61); and
(b) whichever comes first: 2359 (Alaska local time) on the same
calendar day that the charter vessel fishing trip began; when any
charter vessel angler is offloaded from the charter vessel; or when
Pacific halibut are offloaded from the charter vessel.
(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;
(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 37 inches (94.0 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 on any Tuesday from 13 May to 9 September in 2025.
(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 27 inches (68.6 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; and
(c) no person on board a charter vessel may catch and retain
Pacific halibut on any Tuesday or Wednesday in 2025.
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 13308]]
[GRAPHIC] [TIFF OMITTED] TR21MR25.002
[GRAPHIC] [TIFF OMITTED] TR21MR25.003
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 only accept or reject 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). 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
[[Page 13309]]
pursuant to the Convention and the Northern Pacific Halibut Act of
1982.
The publication of these regulations in the Federal Register
provide the affected public with notice that the IPHC management
measures are in effect. Furthermore, no other law requires prior notice
and public comment for this rule. Because 5 U.S.C. 553 or any other law
does not require prior notice and an opportunity for public comment for
this notification of the effectiveness of the IPHC's 2025 management
measures, the analytical requirements of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., are not applicable. This final rule is
exempt from review under 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, section 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 2025.
Authority: 16 U.S.C. 773 et seq.
Dated: March 17, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-04803 Filed 3-20-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 21, 2025.
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.