Pacific Halibut Fisheries; Catch Sharing Plan; 2026 Annual Management Measures
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Issuing agencies
Abstract
The Assistant Administrator for Fisheries, NOAA, on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2026 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 91 Issue 57 (Wednesday, March 25, 2026)</title>
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[Federal Register Volume 91, Number 57 (Wednesday, March 25, 2026)]
[Rules and Regulations]
[Pages 14464-14480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05803]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 260320-0086; RTID 0648-XF364]
Pacific Halibut Fisheries; Catch Sharing Plan; 2026 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 2026 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).
DATES: The IPHC's 2026 annual management measures became effective
March 12, 2026. The 2026 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superseded.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 e-
Rulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, identified by docket
number NOAA-NMFS-2025-1560.
FOR FURTHER INFORMATION CONTACT: For Convention waters off Alaska, Doug
Duncan, 907-586-7228; or, for Convention waters off the U.S. West
Coast, Melissa Mandrup, 562-980-3231.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended regulations that would govern the Pacific
halibut fishery in 2026, 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
[[Page 14465]]
Secretary of State, with the concurrence of the Secretary of Commerce,
accepted the 2026 IPHC Fishery Regulations on March 12, 2026, 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 (California, Oregon, and
Washington), 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, as
well as tribal (commercial, and ceremonial and subsistence), and non-
Tribal commercial (directed and incidental) and recreational (sport)
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 (commonly
referred to as Area 4CDE, Bering Sea) 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 Bellevue, Washington, from
January 19 through 22, 2026, and recommended a number of changes to the
previous IPHC regulations (90 FR 13293, March 21, 2025). On March 12,
2026, the Secretary of State, with the concurrence of the Secretary of
Commerce, accepted the annual management measures, including the
following changes to section 5, section 9, section 11, section 26, and
section 28 of the 2026 IPHC Fishery Regulations:
1. New halibut catch limits in IPHC 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;
3. New regulations allowing, for one year, limited retention of
legal-sized Pacific halibut caught incidentally as bycatch outside the
Pacific halibut commercial fishing period in year-round hook and line
and trap groundfish fisheries in Area 2B in section 11;
4. New recreational fishery season dates and management measures
for Area 2A in section 26; and
5. New management measures for Area 2C and Area 3A guided sport
fisheries in section 28.
Pursuant to regulations at 50 CFR 300.62, the 2026 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 2026 coastwide mortality limit, also called the Total Constant
Exploitation Yield (TCEY), of 29,330,000 pounds (lb) (13,304 metric
tons (mt)). Coastwide, the 2026 TCEY decreased 1.3 percent relative to
2025. The 2026 TCEY remained the same as the one from 2025 in all IPHC
Regulatory Areas except Area 2B where it decreased. 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. A description of the process the IPHC used
to set these TCEY mortality limits and a more detailed description of
FCEY catch limits follows.
For the upcoming 2026 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-2026-AM102-R-Report-of-the-AM102; 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 four equally weighted models: two long time-series
models incorporating data from 1888 to the present and two short time-
series models incorporating data from 1992 to the present. For each
time-series, the two models include data that are either divided by
four geographical regions or aggregated into coastwide summaries. These
models incorporate data through 2025 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,
[[Page 14466]]
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 2025 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 34 percent, then
increased by 8 percent, to 166,000,000 lb (73,300 mt) at the beginning
of 2026, largely as a function of the 2012 and maturing 2016 and 2017
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 2 in IPHC-2026-AM102-R-
Report-of-the-AM102; 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 2026.
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 estimating the annual coastwide
distribution of U26 halibut.
For 2026, the IPHC recommended a TCEY totaling 29,330,000 lb
(13,304 mt) coastwide. This corresponds to a fishing intensity of
approximately F51 percent, which is similar to 2025 (F52 percent) and
more conservative than the F43 percent reference level of fishing
intensity used to establish TCEYs in years prior to 2023. The 2026 TCEY
is 390,000 lb (177 mt), or 1.3 percent, less than the TCEY adopted in
2025.
In making its recommendation, the IPHC considered likely stock
status and uncertainties, as well as the significant social and
economic impacts of catch limits among areas. The IPHC noted that that
while spawning biomass increased by 7 percent to the beginning of 2026,
the stock remains heavily reliant on specific year-classes (2012, 2016,
and 2017). Additionally, both the FISS and fishery performance indices
remain at or near historically low levels. However, the IPHC determined
that additional small reductions were unlikely to make a meaningful
change in the stock trajectory following the already substantial
reductions in TCEY in 2023 (10.3 percent), 2024 (4.6 percent), and 2025
(15.8 percent).
At a coastwide TCEY of 29,330,000 lb (13,304 mt), the IPHC
considered the probability that the spawning biomass will decrease
through 2029. The IPHC estimated a 14 percent probability of stock
decline through 2027, and a 17 percent probability of stock decline
through 2029. The IPHC noted that if the recent reference level of
fishing intensity was adopted (i.e., F43), the probability of a
spawning biomass decline was 15 percent by 2027 and 18 percent by 2029.
The factors that the IPHC considered in making their TCEY
recommendations are described in the 2026 Annual Meeting Report (IPHC-
2026-AM102-R-Report-of-the-AM102; 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 2026
TCEY of 5,060,000 lb (2,295 mt) for Area 2B, which equates to 17.3
percent of the total coastwide TCEY and is a 7.2 percent reduction from
2025. The IPHC made this recommendation after considering recent
harvests in Area 2B, and similar factors associated with the stock
conditions, commercial fishery and FISS performance, and stock
assessment results described above in the 2026 Annual Meeting Report
(IPHC-2026-AM102-R-Report-of-the-AM102; available at <a href="https://www.iphc.int">https://www.iphc.int</a>). Of primary importance to this decision were decreases in
the distribution of the commercially harvestable portion of the stock
in Area 2B.
The IPHC adopted an allocation for Area 2A that would provide a
TCEY of 1,650,000 lb (748 mt). Although the 2026 TCEY in Area 2A
remained the same as 2025, the combined Tribal (commercial, and
ceremonial and subsistence), and non-Tribal commercial (directed and
incidental) and recreational (sport) fishery limits, i.e., FCEYs,
increased by less than 1 percent to 1,540,000 lb (699 mt). This was a
result of reduced estimates of commercial directed and non-directed
fishery discards in Area 2A for 2026.
For Area 2A, the IPHC noted that a status quo TCEY does not pose a
conservation concern for 2026. 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 supported a TCEY of 1,650,000 lb (748 mt) 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.
The IPHC recommended the same TCEY for 2026, relative to 2025, for
all Alaska areas (see table 1). The IPHC determined that these 2026
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 distribution of
harvestable biomass of halibut based on
[[Page 14467]]
the FISS, 2025 harvest rates, the recommendations from the IPHC's
advisory bodies, public input, social and economic factors, and 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 Area 4CDE
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 2026, after the adjustments for non-directed halibut discards were
made, the IPHC recommended a TCEY for Area 4CDE of 3,080,000 lb (1,397
mt). The 2026 FCEY for Area 4CDE was 1,630,000 lb (739 mt), which is
below the 1,657,600 lb (752 mt) threshold for the direct allocation of
80,000 lb (36 mt) to Area 4E.
Table 1--Percent Change in TCEY Mortality Limits From 2025 to 2026 by IPHC Regulatory Area
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2025 total mortality 2026 total mortality Change from
Regulatory area limit (lb) limit (lb) 2025
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2A........................................ 1,650,000 (748 mt) 1,650,000 (748 mt) 0.0
2B........................................ 5,450,000 (2,472 mt) 5,060,000 (2,295 mt) -7.2
2C........................................ 5,220,000 (2,368 mt) 5,220,000 (2,368 mt) 0.0
3A........................................ 9,080,000 (4,119 mt) 9,080,000 (4,119 mt) 0.0
3B........................................ 2,860,000 (1,297 mt) 2,860,000 (1,297 mt) 0.0
4A........................................ 1,340,000 (608 mt) 1,340,000 (608 mt) 0.0
4B........................................ 1,040,000 (472 mt) 1,040,000 (472 mt) 0.0
4CDE...................................... 3,080,000 (1,397 mt) 3,080,000 (1,397 mt) 0.0
Coastwide................................. 29,720,000 (13,481 mt) 29,330,000 (13,304 mt) -1.3
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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
testimony from the public, when selecting opening and closing dates and
times for the commercial halibut fishery. The 2026 commercial halibut
fishery opening date for all IPHC regulatory areas is March 26, 2026.
The closing date for the commercial halibut fisheries in all IPHC
regulatory areas is December 7, 2026. The March 26 commercial season
opening date accounts for favorable tide conditions and is 6 days later
than the March 20 opening in 2025, while the closing date of December 7
is consistent with the closing dates from 2021 through 2025,
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 2026 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 domestic parties when establishing these season dates.
The IPHC retained the time of day for opening the 2026 fishery at
06:00 local time, which is the same as the 2025 fishery. Opening the
fishery at 06:00 was in response to recommendations from the IPHC's two
advisory bodies, which noted that allowing a full day of fishing on
March 26 facilitates access to markets and improves fishing efficiency
and opportunity.
Area 2A Catch Sharing Plan
For the Area 2A non-Tribal directed commercial fishery, NMFS West
Coast Region will conduct a separate rulemaking to implement certain
annual management measures that are not implemented through the IPHC.
Management measures will include vessel catch limits, as well as
fishing periods that fall within the coastwide commercial season dates
set forth in section 9 of the IPHC regulations. Public comments
regarding the proposed rule will be accepted and NMFS will address any
comments received in a final rule.
For the Area 2A recreational (sport) fishery, the NMFS West Coast
Region will conduct a separate rulemaking to approve changes to the
Pacific halibut catch sharing plan and implement annual management
measures, as recommended by the PFMC in the catch sharing plan. These
annual management measures include recreational (sport) fishery subarea
allocations and management measures that are not implemented through
the IPHC. Such IPHC management measures are described below in the
International Pacific Halibut Commission Fishery Regulations 2026
(Annual Management Measures) section, which contains new language at
section 26 specifying the opening dates and season structures for the
Washington Puget Sound and U.S. Convention waters in the Strait of Juan
de Fuca, as well as the California subareas. This new language is
intended to ensure that these early season recreational (sport)
fisheries are able to open on time. NMFS will address any comments
received in a separate final rule for the Area 2A recreational (sport)
fishery.
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>.
For 2026, the IPHC adopted regulations for opening dates for Area
2A, consisting of the recreational (sport) fishery in Puget Sound and
the Strait of Juan de Fuca subarea (April 2) and the waters off
California subareas on April 1, in section 26 of the IPHC regulations.
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.
[[Page 14468]]
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 2026 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 2026 meeting, the IPHC adopted an Area 2C TCEY of
5,220,000 lb (2,368 mt) which resulted in a CCL of 3,560,000 lb (1,615
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 650,000 lb (295 mt) of the CCL, and the remainder of the CCL,
2,910,000 lb (1,320 mt), is allocated to the commercial fishery.
Discard mortality in the amount of 100,000 lb (45 mt) was deducted from
the commercial allocation to obtain the commercial catch limit of
2,810,000 lb (1,275 mt). The commercial allocation (including discard
mortality) decreased by 260,000 lb (118 mt), or 8.5 percent, from the
2025 allocation of 3,070,000 lb (1,393 mt). The 2026 Area 2C charter
allocation of 650,000 lb (295 mt) is 70,000 lb (32 mt), or 9.7 percent
less than the 2025 charter allocation of 720,000 lb (327 mt).
The IPHC adopted an Area 3A TCEY of 9,080,000 lb (4,119 mt)
resulting in a CCL of 7,800,000 lb (3,538 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 1,470,000 lb (667 mt) of
the CCL and the remainder of the CCL, 6,320,000 lb (2,871 mt), is
allocated to the commercial fishery. Discard mortality in the amount of
360,000 lb (163 mt) was deducted from the commercial allocation to
obtain the commercial catch limit of 5,960,000 lb (2,672 mt). The
commercial allocation (including discard mortality) decreased by 80,000
lb (36 mt), or 1.4 percent, from the 2025 allocation of 5,890,000 lb
(2,672 mt). The 2026 Area 3A charter allocation dropped 10,000 lb (5
mt), or 0.7 percent, from 2025.
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 2026 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 2025, 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
2026 (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 2026. These recommendations were intended to provide
equitable harvest opportunity across charter business arrangements and
maintain total charter harvests within the 2026 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 2026 in Area 2C, the IPHC adopted the continuation of a one-
fish daily bag limit that has been in effect 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, and day of the week closures. Area 2C regulations for 2026 do
not include provisions that charter halibut permits and charter vessels
may only be used for one charter vessel fishing trip per day when one
or more anglers on board catch and retain halibut, as were in place for
2025.
The size limit prohibits any person on board a charter vessel from
taking or possessing any halibut, with head on that is greater than 34
inches (86.4 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
[[Page 14469]]
middle of the tail. The day of the week closures prohibit the retention
of Pacific halibut by charter vessel anglers on Thursdays from June 18
through September 10, 2026.
These management measures are more restrictive than the similar
size and day of the week closure measures implemented in 2025. 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
2026. With the above management measures in place, the projected
charter harvest is expected to meet the 650,000 lb (295 mt) charter
halibut allocation for Area 2C. The more conservative management
measures relative to 2025 are a result of a static TCEY in Area 2C and
larger dedications from non-FCEY mortality estimates primarily driven
by greater unguided recreational halibut harvests.
Management Measures for Charter Vessel Fishing in Area 3A
For 2026, the IPHC adopted the following management measures for
Area 3A: (1) a two-fish daily bag limit that allows one 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 from June 2 through August 25, 2026; and (3) a
one-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 2026 are similar to those
imposed in 2025, but allow for harvest on some Wednesdays. The NPFMC
and IPHC also considered information on charter removals in 2025 and
for previous years, as well as the projections of charter harvest in
2026 to determine the management measures in Area 3A. With the above
management measures in place, the projected charter harvest is expected
to meet the 1,470,000 lb (667 mt) charter halibut allocation for Area
3A.
Charter Vessel and Charter Halibut Permit Trip Limits in Areas 2C and
3A
As noted above, in Area 3A, charter halibut permits and charter
vessels in 2026 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. While a similar regulation was adopted
for Area 2C in 2025, this was not recommended or included for Area 2C
in 2026 given disproportionate impacts to certain charter business
operation types.
Consistent with 2025, the 2026 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 Area 3A during 2026, 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 GAF are exclusively
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 2026, in Area 2C, these closed days
include all Thursdays from June 18 through September 10, and, in Area
3A, all Tuesdays and Wednesdays from June 2 through August 25.
International Pacific Halibut Commission Fishery Regulations 2026
(Annual Management Measures)
The following annual management measures for the 2026 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 (2026).
2. Application
(1) These Regulations apply to persons and vessels fishing for
Pacific halibut in, or possessing Pacific halibut taken from, the
maritime area as defined in Section 3.
(2) Sections 3 to 8 and 29 apply generally to all Pacific halibut
fishing.
(3) Sections 9 to 22 apply to commercial fishing for Pacific
halibut.
(4) Section 23 applies to Indigenous fisheries in British Columbia.
(5) Section 24 applies to customary and traditional fishing in
Alaska.
(6) Sections 25 to 28 apply to recreational (also called sport)
fishing for Pacific halibut.
(7) These Regulations do not apply to fishing operations authorized
or conducted by the Commission for research purposes.
3. Definitions
(1) In these Regulations,
(a) ``authorized officer'' means any State, Federal, or Provincial
officer authorized to enforce these Regulations including, but not
limited to, the National Marine Fisheries Service (NOAA Fisheries),
Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers
(AWT), United States Coast Guard (USCG), Washington Department of Fish
and Wildlife (WDFW), the Oregon State Police (OSP), and California
Department of Fish and Wildlife (CDFW);
(b) ``authorized clearance personnel'' means an authorized officer
of the United States of America, an authorized representative of the
Commission, or a designated fish processor;
(c) ``authorized representative of the Commission'' means any IPHC
employee or contractor authorized to perform any task described in
these Regulations.
(d) ``charter vessel'' outside of Alaska waters means a vessel used
for hire in recreational (sport) fishing for Pacific halibut, but not
including a vessel without a hired operator, and in Alaska waters means
a vessel used while providing or receiving recreational (sport) fishing
guide services for Pacific halibut;
(e) ``commercial fishing'' means fishing, the resulting catch of
which is sold or bartered; or is intended to be sold or bartered, other
than (i) recreational (sport) fishing; (ii) treaty Indian ceremonial
and subsistence fishing as referred to in Section 23; (iii) Indigenous
groups fishing in British Columbia as referred to in Section 24; and
(iv) customary and traditional fishing as referred to in Section 25 and
defined by and regulated pursuant to NOAA Fisheries regulations
published at 50 CFR part 300;
(f) ``Commission'' or ``IPHC'' means the International Pacific
Halibut Commission;
[[Page 14470]]
(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)........ 2,295 5.06
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).......................
[[Page 14471]]
Areas 4CDE (Bering Sea)........... 1,397 3.08
-------------------------------------
Total......................... 13,304 29.33
------------------------------------------------------------------------
(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 699 1.54
Washington)......................
Non-treaty directed commercial 118 * 261,211
(south of Pt. Chehalis)......
Non-treaty incidental catch in 21 * 46,096
salmon troll fishery.........
Non-treaty incidental catch in 32 * 70,000
sablefish fishery (north of
Pt. Chehalis)................
Treaty Indian commercial...... 240 * 528,200
Treaty Indian ceremonial and 5 * 10,800
subsistence (year-round).....
Recreational--Washington **... 130 * 286,356
Recreational--Oregon **....... 135 * 297,297
Recreational--California **... 18 * 40,040
Area 2B (British Columbia) 1,923 4.24
(combined commercial and
recreational)....................
Commercial fishery ***........ 1,637 3.61
Recreational fishery.......... 290 0.64
Area 2C (southeastern Alaska) 1,615 3.56
(combined commercial and guided
recreational)....................
Commercial fishery (includes 1,320 2.91
2.81 Mlb landings and 0.10
Mlb discard mortality).......
Guided recreational fishery 295 0.65
(includes landings and
discard mortality)...........
Area 3A (central Gulf of Alaska) 3,538 7.80
(combined commercial and guided
recreational)....................
Commercial fishery (includes 2,867 6.32
5.96 Mlb landings and 0.36
Mlb discard mortality).......
Guided recreational fishery 667 1.47
(includes landings and
discard mortality)...........
Area 3B (western Gulf of Alaska).. 1,125 2.48
Area 4A (eastern Aleutians)....... 458 1.01
Area 4B (central and western 417 0.92
Aleutians).......................
Areas 4CDE (Bering Sea)........... 739 1.63
Area 4C (Pribilof Islands).... 345 0.76
Area 4D (northwestern Bering 345 0.76
Sea).........................
Area 4E (Bering Sea flats).... 54 0.12
-------------------------------------
Total..................... 10,514 23.18
------------------------------------------------------------------------
* 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.
*** All Pacific halibut retained pursuant to Section 11(10) shall count
against the IPHC Regulatory Area 2B commercial fishery limit and shall
not exceed two percent (2%) of that limit.
6. In-Season Actions
(1) The Commission is authorized to establish or modify regulations
during the season after determining that such action:
(a) will not result in exceeding the fishery limit established
preseason for each IPHC Regulatory Area;
(b) is consistent with the Convention between Canada and the United
States of America for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea, and applicable domestic law of
either Canada or the United States of America; and
(c) is consistent, to the maximum extent practicable, with any
domestic catch sharing plans or other domestic allocation programs
developed by the governments of Canada or the United States of America.
(2) In-season actions may include, but are not limited to,
establishment or modification of the following:
(a) closed areas;
(b) fishing periods;
(c) fishing period limits;
(d) gear restrictions;
(e) recreational (sport) bag limits;
(f) size limits; or
(g) vessel clearances.
(3) In-season changes will be effective at the time and date
specified by the Commission.
(4) The Commission will announce in-season actions under this
Section by providing notice to major Pacific halibut processors;
Federal, State, United States of America treaty Indian, and Provincial
fishery officials; and the media.
(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
[[Page 14472]]
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 26 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 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.
(10) Notwithstanding paragraphs (2), (4), (8), and (9) of this
Section, in IPHC Regulatory Area 2B, a person may retain, possess, and
land legal-sized Pacific halibut caught incidentally outside the
commercial fishing period, provided that such retention:
[[Page 14473]]
(a) occurs only while fishing for species other than Pacific
halibut using hook and line or trap gear authorized under regulations
promulgated by Canada (DFO) and Conditions of Licence;
(b) occurs in accordance with regulations promulgated by Canada
(DFO) and Conditions of Licence;
(c) does not result in total landings under this provision
exceeding two percent (2%) of the IPHC Regulatory Area 2B commercial
fishery limit specified in paragraph (2) of Section 5; and
(d) shall remain in effect through the end of the 2026/2027 closed
period, unless extended by the Commission.
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.
[[Page 14474]]
(4) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4B may only be obtained at Nazan Bay on
Atka Island or Adak, Alaska, from the authorized clearance personnel.
(5) The vessel clearance required under paragraph (1) prior to
fishing in IPHC Regulatory Area 4C or 4D may be obtained only at St.
Paul or St. George, Alaska, from the authorized clearance personnel by
VHF radio and allowing the person contacted to confirm visually the
identity of the vessel.
(6) The vessel operator shall specify the specific regulatory area
in which fishing will take place.
(7) Before unloading any Pacific halibut caught in IPHC Regulatory
Area 4A, a vessel operator may obtain the clearance required under
paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting the
authorized clearance personnel.
(8) Before unloading any Pacific halibut caught in IPHC Regulatory
Area 4B, a vessel operator may obtain the clearance required under
paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting
the authorized clearance personnel by VHF radio or in person.
(9) Before unloading any Pacific halibut caught in IPHC Regulatory
Areas 4C and 4D, a vessel operator may obtain the clearance required
under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or
Akutan, Alaska, either in person or by contacting the authorized
clearance personnel. The clearances obtained in St. Paul or St. George,
Alaska, can be obtained by VHF radio and allowing the person contacted
to confirm visually the identity of the vessel.
(10) Any vessel operator who complies with the requirements in
Section 16 for possessing Pacific halibut on board a vessel that was
caught in more than one regulatory area in IPHC Regulatory Area 4 is
exempt from the clearance requirements of paragraph (1) of this
Section, provided that:
(a) the operator of the vessel obtains a vessel clearance prior to
fishing in IPHC Regulatory Area 4 in either Dutch Harbor, Akutan, St.
Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting the
authorized clearance personnel. The clearance obtained in St. Paul, St.
George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio
and allowing the person contacted to confirm visually the identity of
the vessel. This clearance will list the areas in which the vessel will
fish; and
(b) before unloading any Pacific halibut from IPHC Regulatory Area
4, the vessel operator obtains a vessel clearance from Dutch Harbor,
Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by
contacting the authorized clearance personnel. The clearance obtained
in St. Paul or St. George can be obtained by VHF radio and allowing the
person contacted to confirm visually the identity of the vessel. The
clearance obtained in Adak or Nazan Bay on Atka Island can be obtained
by VHF radio.
(11) Vessel clearances shall be obtained between 0600 and 1800
local time.
(12) No Pacific halibut shall be on board the vessel at the time of
the clearances required prior to fishing in IPHC Regulatory Area 4.
(13) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4A and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4A is exempt from the
clearance requirements of paragraph (1).
(14) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Area 4B and lands its total annual Pacific halibut
catch at a port within IPHC Regulatory Area 4B is exempt from the
clearance requirements of paragraph (1).
(15) Any vessel that is used to fish for Pacific halibut only in
IPHC Regulatory Areas 4C or 4D or 4E and lands its total annual Pacific
halibut catch at a port within IPHC Regulatory Areas 4C, 4D, 4E, or the
closed area defined in Section 10, is exempt from the clearance
requirements of paragraph (1).
(16) Any vessel that carries a NOAA Fisheries observer, a NOAA
Fisheries electronic monitoring system, or a transmitting VMS
transmitter while fishing for Pacific halibut in IPHC Regulatory Areas
4A, 4B, 4C, or 4D and until all Pacific halibut caught in any of these
IPHC Regulatory Areas is landed, is exempt from the clearance
requirements of paragraph (1) of this Section, provided that:
(a) the operator of the vessel complies with NOAA Fisheries'
observer or electronic monitoring regulations published at 50 CFR
Subpart E, or vessel monitoring system regulations published at 50 CFR
679.28(f)(3), (4) and (5); and
(b) the operator of the vessel notifies NOAA Fisheries Office for
Law Enforcement at 800-304-4846 (select option 1 to speak to an
Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight)
local time within 72 hours before fishing for Pacific halibut in IPHC
Regulatory Areas 4A, 4B, 4C, or 4D and receives a VMS confirmation
number.
16. Fishing Multiple Regulatory Areas
(1) Except as provided in this Section, no person shall possess at
the same time on board a vessel Pacific halibut caught in more than one
IPHC Regulatory Area.
(2) Pacific halibut caught in more than one of the IPHC Regulatory
Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a
vessel at the same time only if:
(a) authorized by NOAA Fisheries regulations published at 50 CFR
679.7(f)(4); and
(b) the operator of the vessel identifies the regulatory area in
which each Pacific halibut on board was caught by separating Pacific
halibut from different areas in the hold, tagging Pacific halibut, or
by other means.
17. Fishing Gear
(1) No person shall fish for Pacific halibut using any gear other
than hook and line gear,
(a) except that a person may retain Pacific halibut taken with
longline or single trap gear if such retention is authorized by DFO as
defined by Pacific Fishery Regulations and Conditions of Licence; or
(b) except that a person may retain Pacific halibut taken with
longline or single pot gear if such retention is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(2) No person shall possess Pacific halibut taken with any gear
other than hook and line gear,
(a) except that a person may possess Pacific halibut taken with
longline or single trap gear if such retention is authorized by DFO as
defined by Pacific Fishery Regulations and Conditions of Licence; or
(b) except that a person may possess Pacific halibut taken with
longline or single pot gear if such possession is authorized by NOAA
Fisheries regulations published at 50 CFR part 679.
(3) No person shall possess Pacific halibut while on board a vessel
carrying any trawl nets.
(4) All gear marker buoys carried on board or used by any United
States of America vessel used for Pacific halibut 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.
[[Page 14475]]
(6) All gear marker buoys carried on board or used by a Canadian
vessel used for Pacific halibut fishing shall be:
(a) floating and visible on the surface of the water; and
(b) legibly marked with the identification plate number of the
vessel engaged in commercial fishing from which that setline is being
operated.
(7) No person on board a vessel used to fish for any species of
fish anywhere in IPHC Regulatory Area 2A during the 72-hour period
immediately before the fishing period for the non-tribal directed
commercial fishery shall catch or possess Pacific halibut anywhere in
those waters during that Pacific halibut fishing period unless, prior
to the start of the Pacific halibut fishing period, the vessel has
removed its gear from the water and has either:
(a) made a landing and completely offloaded its catch of other
fish; or
(b) submitted to a hold inspection by an authorized officer.
(8) No vessel used to fish for any species of fish anywhere in IPHC
Regulatory Area 2A during the 72-hour period immediately before the
fishing period for the non-tribal directed commercial fishery may be
used to catch or possess Pacific halibut anywhere in those waters
during that Pacific halibut fishing period unless, prior to the start
of the Pacific halibut fishing period, the vessel has removed its gear
from the water and has either:
(a) made a landing and completely offloaded its catch of other
fish; or
(b) submitted to a hold inspection by an authorized officer.
(9) No person on board a vessel used to fish for any species of
fish anywhere in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D,
or 4E during the 72-hour period immediately before the opening of the
Pacific halibut fishing season shall catch or possess Pacific halibut
anywhere in those areas until the vessel has removed all of its gear
from the water and has either:
(a) made a landing and completely offloaded its entire catch of
other fish; or
(b) submitted to a hold inspection by an authorized officer.
(10) No vessel used to fish for any species of fish anywhere in
IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the
72-hour period immediately before the opening of the Pacific halibut
fishing season may be used to catch or possess Pacific halibut anywhere
in those areas until the vessel has removed all of its gear from the
water and has either:
(a) made a landing and completely offloaded its entire catch of
other fish; or
(b) submitted to a hold inspection by an authorized officer.
(11) Notwithstanding any other provision in these Regulations, a
person may retain, possess and dispose of Pacific halibut taken with
trawl gear only as authorized by Prohibited Species Donation
regulations of NOAA Fisheries.
18. Size Limits
(1) No person shall take or possess any Pacific halibut that:
(a) with the head on, is less than 32 inches (81.3 cm) as measured
in a straight line, passing over the pectoral fin from the tip of the
lower jaw with the mouth closed, to the extreme end of the middle of
the tail, as illustrated in Figure 2; or
(b) with the head removed, is less than 24 inches (61.0 cm) as
measured from the base of the pectoral fin at its most anterior point
to the extreme end of the middle of the tail, as illustrated in Figure
2.
(2) No person on board a vessel fishing for, or tendering, Pacific
halibut in any IPHC Regulatory Area shall possess any Pacific halibut
that has had its head removed, except that Pacific halibut frozen at
sea with its head removed may be possessed on board a vessel by persons
in IPHC Regulatory Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if
authorized by Federal regulations.
(3) The size limit in paragraph (1)(b) will not be applied to any
Pacific halibut that has had its head removed after the operator has
landed the Pacific halibut.
19. Logs
(1) The operator of any U.S. vessel fishing for Pacific halibut
that has an overall length of 26 feet (7.9 meters) or greater shall
maintain an accurate log of Pacific halibut fishing operations.
(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, or retaining Pacific halibut caught incidentally pursuant to
Section 11(10), 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
[[Page 14476]]
(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;
(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
[[Page 14477]]
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:
(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 (8) 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) In Convention waters of the Washington Puget Sound and the U.S.
Convention waters in the Strait of Juan de Fuca subarea, the
recreational (sport) fishing season opens on the first Thursday in
April and runs through 30 June, seven days per week. NOAA Fisheries may
modify these dates in-season. The daily bag limit is one Pacific
halibut of any size per person. The Washington Puget Sound and the U.S.
Convention waters in the Strait of Juan de Fuca subarea is defined in
50 CFR 300.63(c)(5)(i)(A).
(9) In Convention waters off California the recreational (sport)
fishing season is from 1 April through 15 November, seven days per
week, in the Northern California Coast subarea and from 1 April to 31
December, seven days per week, in the South of Point Arena subarea.
NOAA Fisheries may modify
[[Page 14478]]
these dates in-season. The daily bag limit is one Pacific halibut of
any size per person. The California subareas are defined in 50 CFR
300.63(c)(5)(iii).
(10) Additional regulations describing fishing periods, fishery
limits, fishing dates, and daily bag limits are promulgated by NOAA
Fisheries and published in the Federal Register.\6\
---------------------------------------------------------------------------
\6\ 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 and State
regulations prior to fishing.
---------------------------------------------------------------------------
27. Recreational (Sport) Fishing for Pacific Halibut--IPHC Regulatory
Area 2B
(1) In all waters off British Columbia:7,8
(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 2026, unless extended by a
vote of the Commission.
(2) In British Columbia, no person shall fillet, mutilate, or
otherwise disfigure a Pacific halibut in any manner that prevents the
determination of minimum size or the number of fish caught, possessed,
or landed.
(3) The possession limit for Pacific halibut in the waters off the
coast of British Columbia is three Pacific halibut.\7\ \8\
---------------------------------------------------------------------------
\7\ 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.
\8\ For regulations on the experimental recreational fishery
implemented by DFO check the current Federal or Provincial
regulations.
---------------------------------------------------------------------------
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: \9\ \10\
---------------------------------------------------------------------------
\9\ 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.
\10\ 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 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 and in
Section 3(d), 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 34 inches (86.4 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 (as referred to in 50 CFR
300.65 and defined in Section 3(d)) may catch and retain Pacific
halibut the following Thursdays in 2026: 18 June through 10 September.
(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 and defined in Section 3(d)) 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
[[Page 14479]]
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 (as referred to in 50 CFR
300.65 and defined in Section 3(d)) may catch and retain Pacific
halibut on any Wednesday, or on the following Tuesdays, in 2026: 2 June
through 25 August.
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.
[GRAPHIC] [TIFF OMITTED] TR25MR26.009
[GRAPHIC] [TIFF OMITTED] TR25MR26.010
[[Page 14480]]
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 pursuant to the
Convention and the Northern Pacific Halibut Act of 1982.
The publication of these regulations in the Federal Register
provides the affected public with notice that the IPHC management
measures are in effect. Furthermore, no other law requires prior notice
and public comment for this rule. Because 5 U.S.C. 553 or any other law
does not require prior notice and an opportunity for public comment for
this notice of the effectiveness of the IPHC's 2026 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.
This action is not a regulatory action under E.O. 14192 because it is
exempt from review under E.O. 12866.
The Paperwork Reduction Act of 1995 requires consideration of the
impact of recordkeeping and other information collection burdens
imposed on the public. Alaska state law establishes information
collection requirements regarding harvest records for individual
recreational anglers. See Alaska Admin. Code tit. 5, Sec. 75.006(a)
(2023). This final rule contains no new recordkeeping requirements
beyond those contained in existing Alaska State or Federal law and
therefore involves no additional collection of information burden.
Moreover, because there is, at present, no annual limit on the number
of Pacific halibut that may be retained by a charter vessel angler as
defined at 50 CFR 300.61, the recordkeeping requirements referenced in
section 29(1)(h) of the IPHC's Annual Management Measures do not apply
during 2026.
Authority: 16 U.S.C. 773 et seq.
Dated: March 20, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-05803 Filed 3-24-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>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.