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The Service’s 2019 revisions to 50 Governments; 59 FR 22951), Executive Great Lakes Regional Office and the CFR 424.12 did not change the language Order 13175 (Consultation and Columbia, Missouri, Ecological Services that allows us to determine that critical Coordination With Indian Tribal Field Office. habitat may not be prudent if ‘‘the Governments), and the Department of List of Subjects in 50 CFR Part 17 species is threatened by taking or other the Interior’s manual at 512 DM 2, we human activity and identification of readily acknowledge our responsibility Endangered and threatened species, critical habitat can be expected to to communicate meaningfully with Exports, Imports, Reporting and increase the degree of such threat to the recognized Federal Tribes on a recordkeeping requirements, species.’’ The Service relied upon this government-to-government basis. In Transportation. language in making the prudency accordance with Secretarial Order 3206 determination for designation of critical of June 5, 1997 (American Indian Tribal Regulation Promulgation habitat for the Missouri DPS of eastern Rights, Federal-Tribal Trust Accordingly, we amend part 17, hellbender. Responsibilities, and the Endangered subchapter B of chapter I, title 50 of the Required Determinations Species Act), we readily acknowledge Code of Federal Regulations, as set forth our responsibilities to work directly below: National Environmental Policy Act with tribes in developing programs for We have determined that healthy ecosystems, to acknowledge that PART 17—ENDANGERED AND environmental assessments and tribal lands are not subject to the same THREATENED WILDLIFE AND PLANTS environmental impact statements, as controls as Federal public lands, to defined under the authority of the remain sensitive to Indian culture, and ■ 1. The authority citation for part 17 National Environmental Policy Act to make information available to tribes. continues to read as follows: We have no records of the Missouri DPS (NEPA; 42 U.S.C. 4321 et seq.), need not Authority: 16 U.S.C. 1361–1407; 1531– be prepared in connection with listing of the eastern hellbender occurring on 1544; and 4201–4245, unless otherwise a species as an endangered or tribal lands. noted. threatened species under the References Cited Endangered Species Act. We published ■ 2. Amend § 17.11(h) by adding an a notice outlining our reasons for this A complete list of references cited in entry for ‘‘Hellbender, eastern [Missouri determination in the Federal Register this final rule is available on the DPS]’’ to the List of Endangered and on October 25, 1983 (48 FR 49244). internet at http://www.regulations.gov Threatened Wildlife in alphabetical and upon request from the Missouri order under Amphibians to read as set Government-to-Government Ecological Services Field Office (see FOR forth below: Relationship With Tribes FURTHER INFORMATION CONTACT). In accordance with the President’s § 17.11 Endangered and threatened wildlife. memorandum of April 29, 1994 Authors (Government-to-Government Relations The primary authors of this final rule * * * * * with Native American Tribal are the staff members of the Service’s (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

******* AMPHIBIANS

******* Hellbender, eastern [Missouri DPS] ...... Cryptobranchus alleganiensis Missouri ...... E 86 FR [Insert Federal Register page alleganiensis. where the document begins]; 3/9/ 2021.

*******

Martha Williams, DEPARTMENT OF COMMERCE ACTION: Final rule. Principal Deputy Director Exercising the SUMMARY: Delegated Authority of the Director U.S. Fish National Oceanic and Atmospheric The Assistant Administrator and Wildlife Service. Administration for Fisheries, National Oceanic and Atmospheric Administration (NOAA), [FR Doc. 2021–04629 Filed 3–8–21; 8:45 am] 50 CFR Part 300 on behalf of the International Pacific BILLING CODE 4333–15–P Halibut Commission (IPHC), publishes [Docket No. 210303–0037] as regulations the 2021 annual management measures governing the Pacific halibut fishery that have been RIN 0648–BK30 recommended by the IPHC and accepted Pacific Halibut Fisheries; Catch by the Secretary of State. This action is Sharing Plan intended to enhance the conservation of Pacific halibut and further the goals and AGENCY: National Marine Fisheries objectives of the Pacific Fishery Service (NMFS), National Oceanic and Management Council (PFMC) and the Atmospheric Administration (NOAA), North Pacific Fishery Management Commerce. Council (NPFMC).

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DATES: The IPHC’s 2021 annual programs for three fisheries that harvest 85 FR 37024, June 19, 2020). The management measures took effect halibut in Alaska: the subsistence, sport, Secretary of State accepted the annual February 18, 2021. The 2021 and commercial fisheries. The PFMC management measures, including the management measures are effective has exercised this authority by following changes to sections of the until superseded. developing a catch sharing plan 2021 IPHC regulations: ADDRESSES: Additional requests for governing the allocation of halibut and 1. New commercial halibut fishery information regarding this action may management of sport fisheries on the opening and closing dates in Section 9; be obtained by contacting the U.S. West Coast. 2. Minor changes to Section 12 to International Pacific Halibut The IPHC apportions catch limits for ensure the regulatory text of that section Commission, 2320 W. Commodore Way, the Pacific halibut fishery among aligns with the fishing season dates Suite 300, Seattle, WA 98199–1287; or regulatory areas (Figure 1): Area 2A established in Section 9; Sustainable Fisheries Division, NMFS (Oregon, Washington, and California), 3. New halibut catch limits in all Alaska Region, P.O. Box 21668, Juneau, Area 2B (British Columbia), Area 2C regulatory areas. The catch limits are AK 99802; or Sustainable Fisheries (Southeast Alaska), Area 3A (Central presented in two tables in Section 5 that Division, NMFS West Coast Region, Gulf of Alaska), Area 3B (Western Gulf distinguish between limits resulting 1201 NE Lloyd Blvd., Suite 1100, of Alaska), and Area 4 (subdivided into from Commission decisions and those Portland, OR 97232. This final rule also 5 areas, 4A through 4E, in the Bering that are from catch limits that are the is accessible via the internet at the Sea and Aleutian Islands of Western responsibility of the respective United Federal eRulemaking portal at http:// Alaska). States and Canada governments; www.regulations.gov, identified by Subsistence and sport halibut fishery 4. New management measures for docket number NOAA–NMFS–2021– regulations for Alaska are codified at 50 Area 2C and Area 3A guided sport 0017. CFR part 300. Commercial halibut fisheries in Section 29; and fisheries off Alaska are subject to the 5. An addition to regulatory language FOR FURTHER INFORMATION CONTACT: For Individual Fishing Quota (IFQ) Program in Section 22 to clarify that authorized waters off Alaska, Kurt Iverson, 907– and Community Development Quota representatives of the IPHC may sample 586–7210; or, for waters off the U.S. (CDQ) Program (50 CFR part 679) halibut that are being unloaded and West Coast, Kathryn Blair, 503–231– regulations, and the area-specific catch weighed. 6858. sharing plans (CSPs) for Areas 2C, 3A, Pursuant to regulations at 50 CFR SUPPLEMENTARY INFORMATION: and Areas 4C, 4D, and 4E. 300.62, the 2021 IPHC annual The NPFMC implemented a CSP management measures are published in Background among commercial IFQ and CDQ the Federal Register to provide notice of The IPHC has recommended halibut fisheries in IPHC Regulatory their regulatory effectiveness and to regulations that would govern the Areas 4C, 4D, and 4E (Area 4, Western inform persons subject to the Pacific halibut fishery in 2021, pursuant Alaska) through rulemaking, and the regulations of their restrictions and to the Convention between Canada and Secretary of Commerce approved the requirements. Because NMFS publishes the United States for the Preservation of plan on March 20, 1996 (61 FR 11337). the regulations applicable to the entire the Halibut Fishery of the North Pacific The Area 4 CSP regulations were Convention area, these regulations Ocean and Bering Sea (Convention), codified at 50 CFR 300.65, and were include some provisions relating to and signed at Ottawa, Ontario, on March 2, amended on March 17, 1998 (63 FR affecting Canadian fishing and fisheries. 1953, as amended by a Protocol 13000). New annual regulations NMFS may implement more restrictive Amending the Convention (signed at pertaining to the Area 4 CSP also may regulations for the fishery for halibut or Washington, DC, on March 29, 1979). be implemented through IPHC action, components of it; therefore, anglers are As provided by the Northern Pacific subject to acceptance by the Secretary of advised to check the current Federal Halibut Act of 1982 (Halibut Act) at 16 State. and IPHC regulations prior to fishing. U.S.C. 773b, the Secretary of State, with The NPFMC recommended and the concurrence of the Secretary of NMFS implemented through Catch Limits Commerce, may accept or reject, on rulemaking a CSP for guided sport The IPHC recommended to the behalf of the United States, regulations (charter) and commercial IFQ halibut governments of Canada and the United recommended by the IPHC in fisheries in IPHC Regulatory Area 2C States fishery catch limits (FCEY) for accordance with the Convention and Area 3A on January 13, 2014 (78 FR 2021 totaling 30,340,000 lb (17,661.99 (Halibut Act, Sections 773–773k). The 75844, December 12, 2013). The Area 2C mt). Overall, this represents a 10.4 Secretary of State, with the concurrence and 3A CSP regulations are codified at percent increase over catch limits of the Secretary of Commerce, accepted 50 CFR 300.65. The CSP defines an implemented in 2020. The catch limits the 2021 IPHC regulations as provided annual process for allocating halibut in most regulatory areas increased, with by the Halibut Act. between the commercial and charter the exception of the combined Areas The Halibut Act provides the fisheries so that each sector’s allocation 4CDE, which decreased slightly relative Secretary of Commerce with the varies in proportion to halibut to the 2020 catch limits. A description authority and general responsibility to abundance, specifies a public process of the process the IPHC used to set these carry out the requirements of the for setting annual management catch limits follows. Convention and the Halibut Act. The measures, and authorizes limited annual In 2020, the IPHC conducted its Regional Fishery Management Councils leases of commercial IFQ for use in the annual stock assessment using a range may develop, and the Secretary of charter fishery as guided angler fish of updated data sources as described in Commerce may implement, regulations (GAF). detail in the IPHC overview of data governing harvesting privileges among The IPHC held its annual meeting sources for the Pacific halibut stock U.S. fishermen in U.S. waters that are in remotely by video conference on assessment, harvest policy, and related addition to, and not in conflict with, January 25 through 29, 2021, and analyses (IPHC–2021–AM097–06; approved IPHC regulations. The NPFMC recommended a number of changes to available at www.iphc.int). To evaluate has exercised this authority in the previous IPHC regulations (85 FR the Pacific halibut stock, the IPHC used developing halibut management 14586, March 13, 2020, and revisions at an ‘‘ensemble’’ of four equally weighted

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models, comprised of two long time- estimate reflects updated calculations distribution of halibut under 26 inches series models, and two short time-series recommended during stock assessment across the entire coastwide area. models incorporating data from 1996 to external review and review by the For 2021, the IPHC adopted a TCEY the present. Each time-series length Scientific Review Board, as well as totaling 39,000,000 lb (17,690.10 mt) used data series that are divided either developments in the IPHC Management coastwide. This corresponds to a fishing by four geographical regions or Strategy Evaluation. intensity of approximately F43 percent, aggregated into coastwide summaries. The IPHC’s current interim which is similar to the projected fishing These models incorporate data from the management procedure strives to intensity of approximately F42 percent 2020 IPHC Fishery Independent Setline maintain the total mortality of halibut used by the IPHC to establish the 2020 Survey (FISS), the 2020 commercial across its range from all sources based TCEY. The 2021 TCEY is 2,400,000 lb halibut fishery, the most recent NMFS on a reference level of fishing intensity (1,088.62 mt) greater than the TCEY trawl survey, sex-specific recreational so that the Spawning Potential Ratio adopted in 2020. age composition data from Area 3A, (SPR) is equal to 43 percent. The The IPHC noted this management weight-at-age and male/female sex ratio reference fishing intensity of F43 approach represents a relatively estimates by region in the directed percent SPR seeks to allow a level of conservative level of harvest that commercial fisheries and in the FISS, fishing intensity that is expected to considers the inherent uncertainties in commercial fishery logbook result in approximately 43 percent of the stock assessment models. The IPHC information, and age distribution the spawning stock biomass per recruit notes that under a broad range of catch information for bycatch, sport, and compared to an unfished stock (i.e., no limits, including highly restrictive catch sublegal discard removals. fishing mortality). Lower values indicate limits, the halibut stock is likely to As has been the case since 2012, the higher fishing intensity. The 2020 stock experience a continued decrease in results of the ensemble models are assessment and estimates of fishing spawning stock biomass given the best integrated and incorporate uncertainty intensity were enhanced by newly available scientific information. In in natural mortality rates, available data on the male/female sex making its recommendation, the IPHC environmental effects on recruitment, ratio for the 2019 commercial fishery considered likely stock status, and and other structural and parameter landings. Combined with similar data uncertainties in the status of the stock categories. The data and assessment collected from the 2017 and 2018 as well as the significant social and models used by the IPHC are reviewed commercial fisheries, the refined and economic impacts of catch limits among by the IPHC’s Scientific Review Board quantified information on the sex ratio areas. comprised of non-IPHC scientists who affected the treatment of the stock At a 39,000,000 lb TCEY, the IPHC provide an independent scientific assessment data for the directed estimates that the spawning stock review of the stock assessment data and commercial fishery in the stock biomass will likely decrease over the models and provide recommendations assessment models; it did not change period from 2022 to 2024 relative to to IPHC staff and to the Commissioners. the treatment or sex ratio estimates of The Scientific Review Board did not 2021. Specifically, the IPHC estimates mortalities associated with the identify any substantive errors in the there is a 65 percent probability that the recreational, subsistence, or non- data or methods used in the 2021 stock spawning stock biomass will decrease in directed halibut fisheries. Additional assessment. NMFS believes the IPHC’s 2022 relative to 2021, and that there is information on the status of the halibut data and assessments models constitute a 39 percent probability that the best available science on the status of resource under these catch limit decrease in 2022 will be at least 5 the Pacific halibut resource. alternatives is provided in the Analysis percent of the 2021 spawning stock The IPHC’s data, including the FISS, (see ADDRESSES). biomass. The factors that the IPHC indicate that the Pacific halibut stock The IPHC harvest decision table considered in making their TCEY declined continuously from the late (Table 3 in: Summary of the Data, Stock recommendations are described in the 1990s to around 2012, largely as a result Assessment, and Harvest Decision Table 2021 Annual Meeting Report (IPHC– _ of decreasing size at a given age (size- for the Pacific Halibut Stock at the End 2021–AM097 R) and the key at-age), higher harvest rates in early of 2020; IPHC–2021–AM097–08) recommendations are briefly 2000s, as well as somewhat weaker provides a comparison of the relative summarized here. recruitment strengths than those risk of a decrease in stock biomass, This final rule does not establish the observed during the 1980s. Results from status, or fishery metrics, for a range of combined commercial and recreational the 2020 stock assessment incorporate alternative harvest levels for 2021. The catch limit for Area 2B (British data from an expansion of the FISS harvest decision table employs two Columbia), which is subject to throughout the survey range over the metrics of fishing mortality: (1) The rulemaking by the Canada and British 2011–2019 period. Among other things, Total Constant Exploitation Yield Columbia governments. However, the improvements in the setline spatial (TCEY), which includes harvests and IPHC’s recommendation for the Area 2B coverage have helped gain a greater incidental wastage from directed catch limit is directly related to the understanding of the degree of spatial commercial fisheries, plus mortality current and future U.S. catch limits and temporal Pacific halibut density, estimates from sport, subsistence, established by this final rule and is and has helped reduce the uncertainty personal use, and estimates of non- therefore discussed herein. The IPHC in the weight per unit effort (WPUE) and directed discard mortality of halibut recommended a 2021 TCEY of 7,000,000 number per unit effort (NPUE) indices. over 26 inches; and, (2) Total Mortality, lb (3,175.15 mt) for Area 2B, which Overall, the biomass of spawning which includes all the above sources of equates to 19.1 percent of the total females is estimated to have increased mortality, plus estimates of non-directed coastwide TCEY. The IPHC made this gradually to 2016, then decreased to discard mortality of halibut less than 26 recommendation after considering approximately 192,000,000 lb inches (U26). Although U26 halibut recent historic harvests in Area 2B, the (87,243.96 mt) at the beginning of 2021. mortality is factored into the stock distribution of the TCEY in Area 2B as This level is currently estimated to be assessment and harvest strategy estimated from the FISS under the 33 percent (with a 95% credible interval calculations, there is currently no current interim management procedure, of 22% to 52%) of unfished levels. This reliable tool for describing the annual and other factors described in the 2021

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IPHC Annual Meeting Report (IPHC– apportioned the remaining TCEY to the The IPHC also considered the Catch 2021–AM097_R). Alaska regulatory areas (Areas 2C Sharing Plan for Area 4CDE developed The IPHC recommended an allocation through Area 4) after considering the by the NPFMC in its catch limit to Area 2A that would provide a TCEY distribution of harvestable biomass of recommendation. The Area 4CDE catch of 1,650,000 lb (748.43 mt) with a halibut based on the Fishery limit is determined by subtracting combined commercial, subsistence, and Independent Setline Survey, as well as estimates of the Area 4CDE subsistence recreational catch limit of 1,510,000 lb 2020 harvest rates, the harvests, commercial discard mortality, (684.92 mt). This allocation is larger recommendations from the IPHC’s and non-directed discard mortality of than the catch limit that would apply to advisory boards, public input, and halibut over 26 inches from the area Area 2A under the adopted fishing social and economic factors. The only TCEY. When the resulting Area 4CDE intensity of F43 percent and the catch limit is greater than 1,657,600 lb proportion of the stock as estimated U.S. area with a decreased TCEY ¥ (751.87 mt), a direct allocation of 80,000 from the FISS under the current interim relative to 2020 is Area 2C ( 0.9 management procedure. To achieve the percent; see Table 1). Areas 3A, 4A, 4B, lb (36.29 mt) is made to Area 4E to Area 2A and Area 2B allocations and and 4CDE received increases over 2020 provide CDQ fishermen in that area still maintain the target coastwide levels that ranged from +2.5 percent in with additional harvesting opportunity. fishing intensity of F43 percent, the Areas 4CDE to +17.1 percent in Area After this 80,000 lb allocation is IPHC recommended an overall 4A. The TCEY in Area 3B remained the deducted from the catch limit, the reduction in catch limits in other IPHC same for 2021 as in 2020. The IPHC remainder is divided among Areas 4C, regulatory areas in U.S. waters that are determined that the 2021 catch limit 4D, and 4E according to the percentages intended to maintain total mortality to recommendations are consistent with its specified in the CSP. Those percentages the adopted fishing intensity of F43 conservation objectives for the halibut are 46.43 percent each to 4C and 4D, percent. stock and its management objectives for and 7.14 percent to 4E. For 2021, the After the allocations for Areas 2A and the halibut fisheries. IPHC recommended a catch limit for 2B are accounted for, the IPHC Area 4CDE of 1,670,000 lb (757.50 mt).

TABLE 1—PERCENT CHANGE IN TCEY MORTALITY LIMITS FROM 2020 TO 2021 BY IPHC REGULATORY AREA

2020 Total 2021 Total Change from Regulatory area mortality limit mortality limit 2020 (lb) (lb) (percent)

2A ...... 1,650,000 1,650,000 0.0 2B ...... 6,830,000 7,000,000 2.5 2C ...... 5,850,000 5,800,000 ¥0.9 3A ...... 12,200,000 14,000,000 14.8 3B ...... 3,120,000 3,120,000 0.0 4A ...... 1,750,000 2,050,000 17.1 4B ...... 1,310,000 1,400,000 6.9 4CDE ...... 3,900,000 3,980,000 2.1 Coastwide ...... 36,600,000 39,000,000 6.6

Commercial Halibut Fishery Opening time for IPHC staff to review the Oregon, and California and implement and Closing Dates complete record of 2021 commercial annual management measures for Area catch data for use in the stock 2A as recommended by the PFMC in the The IPHC considers advice from the assessment process. It also takes into CSP. These annual management IPHC’s two advisory boards, as well as account the administrative tasks that are measures include the sport fishery direct testimony from the public, when linked to halibut regulations developed allocations and management measures selecting opening and closing dates for independently by the domestic partners. for Area 2A which are not implemented the commercial halibut fishery. The For Area 2A, the IPHC recommended through the IPHC. Public comments will opening date for all IPHC regulatory that the non-treaty directed commercial be accepted for 30 days following areas is March 6, 2021, which is eight fishery will open for 58 hours, publication of the proposed rule and days earlier than the 2020 opening date beginning at 0800 hours on June 22 and NMFS will address any comments of March 14. The closing date for the closing at 1800 hours on June 24. After received in a final rule. The proposed commercial halibut fisheries in all this first opening, if the IPHC and final rules for the Area 2A CSP will regulatory areas is December 7, 2021, determines that the fishing limit has not be available on the NOAA Fisheries which is 22 days later than the 2020 been exceeded, it may announce a West Coast Region’s website at https:// closing date of November 15. By second fishing period of up to three www.fisheries.noaa.gov/action/2021- adopting a longer fishing season, the fishing days to begin on Tuesday two pacific-halibut-catch-sharing-plan and IPHC was persuaded by considerable weeks after the first period. Specific also at www.regulations.gov. public testimony that cited the fishing period limits (vessel quota) will Catch Sharing Plan for Area 2C and increased harvest flexibility and be determined and communicated by Area 3A potential market advantages of a longer IPHC. season. No detrimental conservation In 2014, NMFS implemented a CSP Area 2A Catch Sharing Plan effects were identified by the change. for Area 2C and Area 3A. The CSP The new dates also take into account the The NMFS West Coast Region has defines an annual process for allocating anticipated time required to fully published a proposed rule to approve halibut between the charter and harvest the commercial halibut catch the Pacific Halibut Catch Sharing Plan commercial fisheries in Area 2C and limits, seasonal holidays, and adequate (CSP) for Area 2A off Washington, Area 3A, and establishes allocations for

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each fishery. To allow flexibility for Charter Halibut Management Measures the process of reviewing the analysis for individual commercial and charter for Area 2C and Area 3A various alternatives for the upcoming fishery participants, the CSP also Guided (charter) recreational halibut 2021 fishing year. Because the 2021 authorizes annual transfers of anglers are managed under different charter season was expected to be commercial halibut IFQ as GAF to regulations than unguided recreational similarly impacted by reduced charter charter halibut permit holders for halibut anglers in Areas 2C and 3A in angler effort as the 2020 season, the harvest in the charter fishery. Under the Alaska. According to Federal Committee requested the analysis CSP, the IPHC recommends combined regulations at 50 CFR 300.61, a charter should contain elements that would catch limits (CCLs) for the charter and vessel angler means a person, paying or allow a consideration of options that commercial halibut fisheries in Area 2C non-paying, receiving sport fishing could address this likelihood. After reviewing all the analyses of the effects and Area 3A. Each CCL includes guide services for halibut. Sport fishing of the alternative measures on estimated estimates of discard mortality (wastage) guide services means assistance, for charter removals, the committee made for each fishery. The CSP was compensation or with the intent to conservative recommendations for receive compensation, to a person who implemented to achieve the halibut preferred management measures to the is sport fishing, to take or attempt to fishery management goals of the NPFMC for 2021 that are intended to take halibut by accompanying or NPFMC. More information is provided provide harvest opportunity and physically directing the sport fisherman in the final rule implementing the CSP stimulate charter business while also in sport fishing activities during any (78 FR 75844, December 12, 2013). maintaining total charter harvests part of a charter vessel fishing trip. A Implementing regulations for the CSP within the 2021 allocations for both are at 50 CFR 300.65. The Area 2C and charter vessel fishing trip is the time Areas 2C and 3A. The NPFMC Area 3A CSP allocation tables are period between the first deployment of considered the recommendations of the located in Tables 1 through 4 of subpart fishing gear into the water from a committee along with public testimony E of 50 CFR part 300. charter vessel by a charter vessel angler to develop its recommendation to the and the offloading of one or more IPHC, and the IPHC took action At its January 2021 meeting, the IPHC charter vessel anglers or any halibut recommended a CCL of 4,410,000 lb consistent with the NPFMC’s from that vessel. The charter fishery recommendations. The NPFMC has (2,000.34 mt) for Area 2C. Following the regulations described below apply only CSP allocations in Tables 1 and 3 of used this process to select and to charter vessel anglers receiving sport recommend annual management subpart E of 50 CFR part 300, the charter fishing guide services during a charter fishery is allocated 810,000 lb (367.41 measures to the IPHC since 2012. vessel fishing trip for halibut in Area 2C The IPHC recognizes the role of the mt) of the CCL and the remainder of the or Area 3A. These regulations do not NPFMC to develop policy and CCL, 3,600,000 lb (1,632.93 mt), is apply to unguided recreational anglers regulations that allocate the Pacific allocated to the commercial fishery. in any regulatory area in Alaska, or halibut resource among fishermen in Wastage in the amount of 70,000 lb guided anglers in areas other than Areas and off Alaska, and that NMFS has (31.75 mt) was deducted from the 2C and 3A. developed numerous regulations to commercial allocation to obtain the The NPFMC formed the Charter support the NPFMC’s goals of limiting commercial catch limit of 3,530,000 lb Halibut Management Committee as an charter harvests. For 2021, the IPHC (1,601.18 mt). The commercial industry advisory body to provide concluded that in Area 3A, with a 14 allocation (including wastage) increased recommendations for annual percent increase in the catch limit from by 120,000 lb (54.43 mt) or 3.4 percent, management measures intended to limit 2020, and factoring in a drop in fishing from the 2020 allocation of 3,480,000 lb charter harvest to the charter catch effort relative to years prior to 2020, the (1,578.50 mt). The charter allocation for allocation. The committee is composed 2021 management measures should be 2021 increased by 30,000 lb (13.60 mt), of representatives from the charter similar to the revised measures adopted or 3.8 percent more than the 2020 fishing industry in Areas 2C and 3A. in 2020, with the addition of a closure charter sector allocation of 780,000 lb The 2020 charter fishing season was to halibut retention on all Wednesdays. (353.80 mt). greatly impacted by the coronavirus For Area 2C, the 2021 charter catch pandemic and the resulting unexpected limits are also higher than 2020. The IPHC recommended a CCL of and substantial drop in fishing effort, 11,140,000 lb (5,053.02 mt) for Area 3A. However, the effect of management which in turn affected the anticipated measures over the 2018–2020 period has Following the CSP allocations in Tables results of the pre-season analysis and 2 and 4 of subpart E of 50 CFR part 300, resulted in under-harvests of the charter adopted management measures for that allocation by 18.9 percent, 11.6 percent, the charter fishery is allocated 1,950,000 year. In May and June of 2020, the and 36.0 percent, respectively. lb (885.51.64 mt) of the CCL and the NPFMC and IPHC responded with Consequently, the IPHC determined that remainder of the CCL, 9,190,000 lb revised management measures that were the charter management measures in (4,168.51 mt), is allocated to the published on June 19, 2020 (85 FR Area 2C could be slightly less restrictive commercial fishery. Wastage in the 37024). The revised management than the revised 2020 measures. The amount of 240,000 lb (108.86 mt) was measures relaxed the halibut size limits IPHC determined that limiting charter deducted from the commercial in both Area 2C and 3A, and in Area 3A harvests by implementing the allocation to obtain the commercial the new regulations rescinded an annual management measures discussed below catch limit of 8,950,000 lb (4,059.65 mt). limit on retained halibut and allowed would meet the conservation and The commercial allocation (including halibut retention on all days of the allocation objectives. wastage) increased by about 1,850,000 week. Preliminary estimates indicate lb (839.15 mt) or 25.2 percent, from the that the final 2020 charter halibut Management Measures for Charter 2020 allocation of 7,340,000 lb (3,329.37 harvests were 36.0 percent below the Vessel Fishing in Area 2C mt). The charter allocation increased by Area 2C allocation, and 6.6 percent As noted above, the preliminary 240,000 lb (108.86 mt), or 14.0 percent, below the Area 3A allocation. estimate of 2020 charter removals in from the 2020 allocation of 1,710,000 lb In November 2020, the Charter Area 2C was below the 2020 charter (775.65 mt). Halibut Management Committee began allocation by 280,465 lb (127.22 mt) or

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36.0 percent, indicating that the IPHC for the charter halibut fishery in offloaded, or at the end of the calendar management measures were effective at Area 3A in 2020. The NPFMC and IPHC day, whichever occurs first. Charter limiting harvest by charter vessel considered information on charter operators are still able to conduct anglers to the charter allocation, but removals in 2020 and for previous years, overnight trips and anglers may retain a given the sharp drop in angler effort in as well as the projections of charter bag limit of halibut on two calendar 2020, could have been less restrictive harvest, and increase in the charter days, but operators are not allowed to than the revised measures. The two allocation, and a consideration for a begin another overnight trip until the primary management measures in Area reduction in effort in 2021. With this day after the trip ends. GAF halibut are 2C in 2020 were a daily bag limit of 1 information, the NPFMC and IPHC exempt from the trip limit. Therefore, halibut per charter angler, and size determined that slightly more restrictive GAF could be used to harvest halibut on limits where retained halibut were management measures in Area 3A, a second trip in a day, but only if required to be less than or equal to 38 relative to the revised 2020 measures, exclusively GAF halibut were harvested inches (96.5 cm), which was revised in were appropriate to limit charter on that trip. June to 45 inches (114.3 cm), or greater removals to the 2021 allocation. Day-of-Week Closures in Area 3A than or equal to 80 inches (203.2 cm). For 2021, the IPHC recommended the The effect of these regulations was to following management measures for The NPFMC and the IPHC limit both the number and pounds of Area 3A: (1) A two-fish bag limit with recommended a closure on retaining retained halibut. The analysis also a 32-inch (81.3 cm) maximum size limit halibut by charter vessel anglers on all indicates that in most years since 2014 on one of the halibut; (2) a one-trip per Wednesdays for Area 3A in 2021. Only when the CSP was implemented, the day limit for charter vessels and for the retention of GAF halibut will be Area 2C harvest has been less than the charter halibut permits for the entire allowed on charter vessels on allocation. When these considerations season; and, (3) prohibition on halibut Wednesdays; all other halibut that are were balanced with the combined retention by charter vessel anglers on all caught while fishing on a charter vessel increase in charter allocation in 2021 Wednesdays. The projected charter must be released. The Wednesday and a reduced charter angler effort harvest for 2021 under this combination closures are expected to effectively relative to the pre-2020 period, the IPHC of recommended measures is 1,853,000 decrease the charter halibut harvest, concluded that less restrictive lb (840.51 mt), which is 97,000 lb (44.0 relative to previous years. management measures for Area 2C in mt) and 5.0 percent below the charter Other Regulatory Amendments 2021 are appropriate. allocation. Each of these management Specifically, for 2021 in Area 2C, the measures is described in more detail Minor Revisions To Address Changes for IPHC recommended the continuation of below. the Application of Halibut Fishing a one-fish daily bag limit with a reverse Season Dates Size Limit for Halibut Retained on a slot limit that prohibits a person on Charter Vessel in Area 3A As noted above, the regulatory text in board a charter vessel referred to in 50 Section 9 establishes the opening and CFR 300.65 and fishing in Area 2C from The 2021 charter halibut fishery in closing dates of the commercial halibut taking or possessing any halibut, with Area 3A will be managed under a two- fishery. Subsections 12(3) and 12(4) head on, that is greater than 50 inches fish daily bag limit in which one of the address when the fishery shall close, (127.0 cm) and less than 72 inches retained halibut may be of any size and and formerly named a specific date of (182.9 cm), as measured in a straight one of the retained halibut must be 32 November 15. The text in subsections line, passing over the pectoral fin from inches or less, as measured in a straight 12(3) and 12(4) now refers back to the the tip of the lower jaw with mouth line, passing over the pectoral fin from fishery closure dates established in closed, to the extreme end of the middle the tip of the lower jaw to the extreme Section 9, so that the dates in Section of the tail. These measures, combined end of the middle of the tail. This is the 9 and Section 12 are aligned. with a reduction in fishing effort that is same as the revised regulations adopted estimated to be 35 percent below the in June 2020, and an increase from a 28 Clarifying That IPHC May Obtain pre-2020 levels, are projected to yield inch (71.1 cm) maximum size limit that Samples During Halibut Offloads and 786,000 lb (356.52 mt) of charter was in place from 2016 through 2019. Weighing removals, which is 24,000 lb (10.87 mt) This daily bag and size limit will be To ensure regulatory compliance, and 3.0 percent below the charter combined with additional restrictions to Section 22 authorizes officers to allocation. limit charter halibut removals to the supervise the offloading and weighing 2021 allocation. Management Measures for Charter of halibut from fishing vessels. Section Vessel Fishing in Area 3A Trip Limit for Charter Vessels 22 is amended by adding subsection Harvesting Halibut in Area 3A 22(2) to clarify that authorized The preliminary estimate of charter representatives of the IPHC may also removals in Area 3A in 2020 was below Charter halibut permits and charter access the offloading and weighing of the charter allocation by 113,303 lb vessels in 2021 are only authorized for halibut in order to obtain biological (51.39 mt), or 6.6 percent. Starting in use to catch and retain halibut on one samples. 2014, charter vessel anglers in Area 3A charter halibut fishing trip per day in have been limited to a two-fish daily bag Area 3A. If no halibut are retained Annual Halibut Management Measures limit with a maximum size limit on one during a charter vessel fishing trip, the The following annual management fish. One effect of the maximum size charter halibut permit and vessel may measures for the 2021 Pacific halibut limit has been that the number of fish be used to take an additional trip to fishery are those recommended by the harvested per angler has steadily catch and retain halibut that day. These IPHC and accepted by the Secretary of decreased, but the average weight of regulations have been in place each year State, with the concurrence of the harvested fish has increased as many since 2016, and have proven to be Secretary of Commerce. anglers opted to maximize the size of effective in controlling halibut harvests. retained fish. For purposes of the trip limit in Area 1. Short Title This final rule changes the revised 3A in 2021, a charter vessel fishing trip These Regulations may be cited as the management measures adopted by the will end when anglers or halibut are International Pacific Halibut

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Commission (IPHC) Fishery Regulations (e) ‘‘Commission’’ or ‘‘IPHC’’ means Fisheries regulations published in 50 (2021). the International Pacific Halibut CFR part 300; Commission; (s) ‘‘tender’’ means any vessel that 2. Application (f) ‘‘daily bag limit’’ means the buys or obtains fish directly from a (1) These Regulations apply to maximum number of Pacific halibut a catching vessel and transports it to a persons and vessels fishing for Pacific person may take in any calendar day port of landing or fish processor; halibut in, or possessing Pacific halibut from Convention waters; (t) ‘‘VMS transmitter’’ means a NOAA taken from, the maritime area as defined (g) ‘‘fishing’’ means the taking, Fisheries-approved vessel monitoring in Section 3. harvesting, or catching of fish, or any system transmitter that automatically (2) Sections 3 to 8 and 30 apply activity that can reasonably be expected determines a vessel’s position and generally to all Pacific halibut fishing. to result in the taking, harvesting, or transmits it to a NOAA Fisheries- (3) Sections 8 to 23 apply to catching of fish, including specifically approved communications service commercial fishing for Pacific halibut. the deployment of any amount or provider.1 (4) Section 24 applies to Indigenous component part of gear anywhere in the (2) In these Regulations, all bearings fisheries in British Columbia. maritime area; are true and all positions are determined (5) Section 25 applies to customary (h) ‘‘fishing period limit’’ means the by the most recent charts issued by the and traditional fishing in Alaska. maximum amount of Pacific halibut that United States National Ocean Service or (6) Sections 26 to 29 apply to may be retained and landed by a vessel the Canadian Hydrographic Service. recreational (also called sport) fishing during one fishing period; 4. IPHC Regulatory Areas for Pacific halibut. (i) ‘‘land’’ or ‘‘offload’’ with respect to The following areas within the IPHC (7) These Regulations do not apply to Pacific halibut, means the removal of Convention waters shall be defined as fishing operations authorized or Pacific halibut from the catching vessel; IPHC Regulatory Areas for the purposes conducted by the Commission for (j) ‘‘license’’ means a Pacific halibut of the Convention (see Figure 1): fishing license issued by the research purposes. (1) IPHC Regulatory Area 2A includes Commission pursuant to section 15; 3. Definitions all waters off the states of California, (k) ‘‘maritime area,’’ in respect of the Oregon, and Washington; (1) In these Regulations, fisheries jurisdiction of a Contracting (2) IPHC Regulatory Area 2B includes (a) ‘‘authorized officer’’ means any Party, includes without distinction areas all waters off British Columbia; State, Federal, or Provincial officer within and seaward of the territorial sea (3) IPHC Regulatory Area 2C includes authorized to enforce these Regulations and internal waters of that Party; all waters off Alaska that are east of a including, but not limited to, the (l) ‘‘net weight’’ of a Pacific halibut line running 340° true from Cape National Marine Fisheries Service means the weight of Pacific halibut that Spencer Light (58°11′56″ N latitude, (NOAA Fisheries), Department of is without gills and entrails, head-off, 136°38′26″ W longitude) and south and Fisheries and Oceans (DFO), Alaska washed, and without ice and slime. If a east of a line running 205° true from Wildlife Troopers (AWT), United States Pacific halibut is weighed with the head said light; Coast Guard (USCG), Washington on or with ice and slime, the required (4) IPHC Regulatory Area 3A includes Department of Fish and Wildlife conversion factors for calculating net all waters between Area 2C and a line (WDFW), the Oregon State Police (OSP), weight are a 2 percent deduction for ice extending from the most northerly point and California Department of Fish and and slime and a 10 percent deduction on Cape Aklek (57°41′15″ N latitude, Wildlife (CDFW); for the head; 155°35′00″ W longitude) to Cape Ikolik (b) ‘‘authorized clearance personnel’’ (m) ‘‘operator,’’ with respect to any (57°17′17″ N latitude, 154°47′18″ W means an authorized officer of the vessel, means the owner and/or the longitude), then along the Kodiak Island United States of America, a master or other individual on board and coastline to Cape Trinity (56°44′50″ N representative of the Commission, or a in charge of that vessel; latitude, 154°08′44″ W longitude), then designated fish processor; (n) ‘‘overall length’’ of a vessel means 140° true; (c) ‘‘charter vessel’’ outside of Alaska the horizontal distance, rounded to the (5) IPHC Regulatory Area 3B includes waters means a vessel used for hire in nearest foot, between the foremost part all waters between Area 3A and a line recreational (sport) fishing for Pacific of the stem and the aftermost part of the extending 150° true from Cape Lutke halibut, but not including a vessel stern (excluding bowsprits, rudders, (54°29′00″ N latitude, 164°20′00″ W without a hired operator, and in Alaska outboard motor brackets, and similar longitude) and south of 54°49′00″ N waters means a vessel used while fittings or attachments); latitude in Isanotski Strait; providing or receiving recreational (o) ‘‘person’’ includes an individual, (6) IPHC Regulatory Area 4A includes (sport) fishing guide services for Pacific corporation, firm, or association; all waters in the Gulf of Alaska west of halibut; (p) ‘‘regulatory area’’ means an IPHC Area 3B and in the Bering Sea west of (d) ‘‘commercial fishing’’ means Regulatory Area referred to in section 4; the closed area defined in section 10 fishing, the resulting catch of which is (q) ‘‘setline gear’’ means one or more that are east of 172°00′00″ W longitude sold or bartered; or is intended to be stationary, buoyed, and anchored lines and south of 56°20′00″ N latitude; sold or bartered, other than (i) with hooks attached; (7) IPHC Regulatory Area 4B includes recreational (sport) fishing; (ii) treaty (r) ‘‘sport fishing’’ or ‘‘recreational all waters in the Bering Sea and the Gulf Indian ceremonial and subsistence fishing’’ means all fishing other than (i) of Alaska west of IPHC Regulatory Area fishing as referred to in section 23, (iii) commercial fishing; (ii) treaty Indian 4A and south of 56°20′00″ N latitude; Indigenous groups fishing in British ceremonial and subsistence fishing as (8) IPHC Regulatory Area 4C includes Columbia as referred to in section 24; referred to in section 23; (iii) Indigenous all waters in the Bering Sea north of and (iv) customary and traditional groups fishing in British Columbia as fishing as referred to in section 25 and referred to in section 24; and (iv) 1 Call NOAA Enforcement Division, Alaska customary and traditional fishing as Region, at 907–586–7225 between the hours of 0800 defined by and regulated pursuant to and 1600 local time for a list of NOAA Fisheries- NOAA Fisheries regulations published referred to in section 25 and defined in approved VMS transmitters and communications at 50 CFR part 300; and regulated pursuant to NOAA service providers.

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IPHC Regulatory Area 4A and north of and west of IPHC Regulatory Area 4C, longitude, and south of 65°34′00″ N the closed area defined in section 10 and west of 168°00′00″ W longitude; latitude. which are east of 171°00′00″ W and longitude, south of 58°00′00″ N latitude, 5. Mortality and Fishery Limits ° ′ ″ (10) IPHC Regulatory Area 4E and west of 168 00 00 W longitude; (1) The Commission has adopted the (9) IPHC Regulatory Area 4D includes includes all waters in the Bering Sea north and east of the closed area defined following distributed mortality (TCEY) all waters in the Bering Sea north of ° ′ ″ IPHC Regulatory Areas 4A and 4B, north in section 10, east of 168 00 00 W limits:

Distributed mortality limits (TCEY) (net weight) IPHC regulatory area Tonnes Million pounds (t) (Mlb)

Area 2A (California, Oregon, and Washington) ...... 748 1.65 Area 2B (British Columbia) ...... 3,175 7.00 Area 2C (southeastern Alaska) ...... 2,631 5.80 Area 3A (central Gulf of Alaska) ...... 6,350 14.00 Area 3B (western Gulf of Alaska) ...... 1,415 3.12 Area 4A (eastern Aleutians) ...... 930 2.05 Area 4B (central/western Aleutians) ...... 635 1.40 Areas 4CDE (Bering Sea) ...... 1,805 3.98

Total ...... 17,690 39.00

(2) The fishery limits resulting from Contracting Party catch sharing that each Contracting Party may the IPHC-adopted distributed mortality arrangements are as follows, recognizing implement more restrictive limits: (TCEY) limits and the existing

Fishery limits (net weight) IPHC regulatory area Tonnes Million pounds (t) (Mlb) *

Area 2A (California, Oregon, and Washington) ...... 685 1.51 Non-treaty directed commercial (south of Pt. Chehalis) ...... 116 * 256,122 Non-treaty incidental catch in salmon troll fishery ...... 21 * 45,198 Non-treaty incidental catch in sablefish fishery (north of Pt. Chehalis) ...... 32 * 70,000 Treaty Indian commercial ...... 225 * 496,300 Treaty Indian ceremonial and subsistence (year-round) ...... 15 * 32,200 Recreational—Washington ...... 127 * 279,414 Recreational—Oregon ...... 132 * 291,506 Recreational—California ...... 18 * 39,260 Area 2B (British Columbia) ...... 2,790 6.15 Commercial fishery ...... 2,372 5.23 Recreational fishery ...... 417 0.92 Area 2C (southeastern Alaska) (combined commercial/guided recreational) ...... 2,000 4.41 Commercial fishery (3.53 Mlb catch and 0.70 Mlb incidental mortality) ...... 1,633 3.60 Guided recreational fishery (includes catch and incidental mortality) ...... 367 0.81 Area 3A (central Gulf of Alaska) (combined commercial/guided recreational) ...... 5,053 11.14 Commercial fishery (8.95 Mlb catch and 0.24 Mlb incidental mortality) ...... 4,169 9.19 Guided recreational fishery (includes catch and incidental mortality) ...... 885 1.95 Area 3B (western Gulf of Alaska) ...... 1,161 2.56 Area 4A (eastern Aleutians) ...... 753 1.66 Area 4B (central/western Aleutians) ...... 558 1.23 Areas 4CDE ...... 757 1.67 Area 4C (Pribilof Islands) ...... 335 0.738 Area 4D (northwestern Bering Sea) ...... 335 0.738 Area 4E (Bering Sea flats) ...... 88 0.194

Total ...... 13,757 30.33 * Allocations resulting from the IPHC Regulatory Area 2A Catch Share Plan are listed in pounds.

6. In-Season Actions (a) Will not result in exceeding the Halibut Fishery of the Northern Pacific fishery limit established preseason for Ocean and Bering Sea, and applicable (1) The Commission is authorized to each IPHC Regulatory Area; domestic law of either Canada or the establish or modify regulations during United States of America; and the season after determining that such (b) is consistent with the Convention action: between Canada and the United States (c) is consistent, to the maximum of America for the Preservation of the extent practicable, with any domestic

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catch sharing plans or other domestic against commercial fishing period regulations promulgated by NOAA allocation programs developed by the limits, Individual Vessel Quotas (IVQ), Fisheries. This fishery will occur governments of Canada or the United Individual Transferable Quota (ITQ), between the dates and times listed in States of America. Community Development Quotas paragraphs (2) and (3) of this section. (2) In-season actions may include, but (CDQ), or Individual Fishing Quotas (6) Notwithstanding paragraph (4), are not limited to, establishment or (IFQ), and are not subject to size limits and paragraph (6) of section 12, an modification of the following: in these regulations, but should still be incidental catch fishery is authorized (a) Closed areas; recorded in the landing record. during salmon troll seasons in IPHC (b) fishing periods; (4) Any Pacific halibut that bears a Regulatory Area 2A in accordance with (c) fishing period limits; Commission external tag will not count regulations promulgated by NOAA (d) gear restrictions; against recreational (sport) daily bag Fisheries. This fishery will occur (e) recreational (sport) bag limits; limits or possession limits, may be between the dates and times listed in (f) size limits; or retained outside of recreational (sport) paragraphs (2) and (3) of this section. (g) vessel clearances. fishing seasons, and are not subject to (3) In-season changes will be effective size limits in these regulations. 10. Closed Area at the time and date specified by the (5) Any Pacific halibut that bears a All waters in the Bering Sea north of Commission. Commission external tag will not count 55°00′00″ N latitude in Isanotski Strait (4) The Commission will announce against daily bag limits, possession that are enclosed by a line from Cape in-season actions under this section by limits, or fishery limits in the fisheries Sarichef Light (54°36′00″ N latitude, providing notice to major Pacific halibut described in section 23, paragraph 164°55′42″ W longitude) to a point at processors; Federal, State, United States (1)(c), section 24, or section 25. 56°20′00″ N latitude, 168°30′00″ W of America treaty Indian, and Provincial ° ′ ″ 9. Fishing Periods longitude; thence to a point at 58 21 25 fishery officials; and the media. N latitude, 163°00′00″ W longitude; (1) The fishing periods for each IPHC 7. Careful Release of Pacific Halibut thence to Strogonof Point (56°53′18″ N Regulatory Area apply where the fishery latitude, 158°50′37″ W longitude); and (1) All Pacific halibut that are caught limits specified in section 5 have not then along the northern coasts of the and are not retained shall be been taken. Alaska Peninsula and Unimak Island to immediately released outboard of the (2) Unless the Commission specifies the point of origin at Cape Sarichef roller and returned to the sea with a otherwise, commercial fishing for Light are closed to Pacific halibut minimum of injury by: Pacific halibut in all IPHC Regulatory fishing and no person shall fish for (a) Hook straightening; Areas may begin no earlier in the year Pacific halibut therein or have Pacific (b) cutting the gangion near the hook; than 1200 local time on 6 March. halibut in his/her possession while in or (3) All commercial fishing for Pacific those waters except in the course of a (c) carefully removing the hook by halibut in all IPHC Regulatory Areas continuous transit across those waters. twisting it from the Pacific halibut with shall cease for the year at 1200 local All waters in Isanotski Strait between a gaff. time on 7 December. 55°00′00″ N latitude and 54°49′00″ N (2) Except that paragraph (1) shall not (4) The first fishing period in the latitude are closed to Pacific halibut prohibit the possession of Pacific IPHC Regulatory Area 2A non-tribal fishing. halibut on board a vessel that has been directed commercial fishery 2 shall brought aboard to be measured to begin at 0800 on the fourth Tuesday in 11. Closed Periods determine if the applicable size limit of June and terminate at 1800 local time on (1) No person shall engage in fishing the Pacific halibut is met and, if not the subsequent Thursday, unless the for Pacific halibut in any IPHC legal-sized, is promptly returned to the Commission specifies otherwise. If the Regulatory Area other than during the sea with a minimum of injury. Commission determines that the fishery fishing periods set out in section 9 in limit specified for IPHC Regulatory Area 8. Retention of Tagged Pacific Halibut respect of that area. 2A in Section 5 has not been exceeded, (1) Nothing contained in these it may announce a second fishing period (2) No person shall land or otherwise Regulations prohibits any vessel at any of up to three fishing days to begin on retain Pacific halibut caught outside a time from retaining and landing a Tuesday two weeks after the first fishing period applicable to the IPHC Pacific halibut that bears a Commission period, and, if necessary, a third fishing Regulatory Area where the Pacific external tag at the time of capture, if the period of up to three fishing days to halibut was taken. Pacific halibut with the tag still attached begin on Thursday four weeks after the (3) Subject to paragraphs (7), (8), (9), is reported at the time of landing and first period. and (10) of section 18, these Regulations made available for examination by a (5) Notwithstanding paragraph (4), do not prohibit fishing for any species representative of the Commission or by and paragraph (6) of section 12, an of fish other than Pacific halibut during an authorized officer. incidental catch fishery 3 is authorized the closed periods. (2) After examination and removal of during the sablefish seasons in IPHC (4) Notwithstanding paragraph (3), no the tag by a representative of the Regulatory Area 2A in accordance with person shall have Pacific halibut in his/ Commission or an authorized officer, her possession while fishing for any the Pacific halibut: 2 The non-tribal directed fishery is restricted to other species of fish during the closed (a) May be retained for personal use; waters that are south of Point Chehalis, periods. ° ′ or Washington, (46 53.30 N latitude) under (5) No vessel shall retrieve any Pacific regulations promulgated by NOAA Fisheries and (b) may be sold only if the Pacific published in the Federal Register. halibut fishing gear during a closed halibut is caught during commercial 3 The incidental fishery during the directed, fixed period if the vessel has any Pacific Pacific halibut fishing and complies gear sablefish season is restricted to waters that are halibut on board. with the other commercial fishing north of Point Chehalis, Washington, (46°53.30′ N (6) A vessel that has no Pacific halibut latitude) under regulations promulgated by NOAA provisions of these Regulations. Fisheries at 50 CFR 300.63. Landing restrictions for on board may retrieve any Pacific (3) Any Pacific halibut that bears a Pacific halibut retention in the fixed gear sablefish halibut fishing gear during the closed Commission external tag will not count fishery can be found at 50 CFR 660.231. period after the operator notifies an

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authorized officer or representative of announced the reopening of that area for 14. Fishing Period Limits the Commission prior to that retrieval. Pacific halibut fishing. (1) It shall be unlawful for any vessel (7) After retrieval of Pacific halibut (7) Notwithstanding the fishery limits to retain more Pacific halibut than gear in accordance with paragraph (6), described in section 5, the total authorized by that vessel’s license in the vessel shall submit to a hold allowable catch of Pacific halibut that any fishing period for which the inspection at the discretion of the may be taken in the IPHC Regulatory Commission has announced a fishing authorized officer or representative of Area 4E directed commercial fishery is period limit. the Commission. equal to the combined annual fishery (2) The operator of any vessel that (8) No person shall retain any Pacific limits specified for the IPHC Regulatory fishes for Pacific halibut during a halibut caught on gear retrieved in Areas 4D and 4E CDQ fisheries and any fishing period when fishing period accordance with paragraph (6). IPHC Regulatory Area 4D IFQ received limits are in effect must, upon (9) No person shall possess Pacific by transfer by a CDQ organization. The commencing an offload of Pacific halibut on board a vessel in an IPHC annual IPHC Regulatory Area 4D fishery halibut to a commercial fish processor, Regulatory Area during a closed period limit will decrease by the equivalent completely offload all Pacific halibut on unless that vessel is in continuous amount of CDQ and IFQ received by board said vessel to that processor and transit to or within a port in which that transfer by a CDQ organization taken in ensure that all Pacific halibut is Pacific halibut may be lawfully sold. IPHC Regulatory Area 4E in excess of weighed and reported on State fish 12. Application of Commercial Fishery the annual IPHC Regulatory Area 4E tickets. Limits fishery limit. (3) The operator of any vessel that (8) Notwithstanding the fishery limits (1) Notwithstanding the fishery limits fishes for Pacific halibut during a described in section 5, the total described in section 5, regulations fishing period when fishing period allowable catch of Pacific halibut that pertaining to the division of the IPHC limits are in effect must, upon may be taken in the IPHC Regulatory Regulatory Area 2A fishery limit commencing an offload of Pacific Area 4D directed commercial fishery is between the directed commercial halibut other than to a commercial fish equal to the combined annual fishery fishery and the incidental catch fishery processor, completely offload all Pacific limits specified for IPHC Regulatory as described in paragraphs (5) and (6) of halibut on board said vessel and ensure Areas 4C and 4D. The annual IPHC section 9 will be promulgated by NOAA that all Pacific halibut are weighed and Regulatory Area 4C fishery limit will Fisheries and published in the Federal reported on State fish tickets. decrease by the equivalent amount of (4) The provisions of paragraph (3) are Register. (2) The Commission shall determine Pacific halibut taken in IPHC Regulatory not intended to prevent retail over-the- and announce to the public the date on Area 4D in excess of the annual IPHC side sales to individual purchasers so which the fishery limit for IPHC Regulatory Area 4D fishery limit. long as all the Pacific halibut on board Regulatory Area 2A will be taken. is ultimately offloaded and reported. 13. Fishing in Regulatory IPHC (5) When fishing period limits are in (3) Notwithstanding the fishery limits Regulatory Areas 4D and 4E described in section 5, the commercial effect, a vessel’s maximum retainable fishing in IPHC Regulatory Area 2B will (1) Section 13 applies only to any catch will be determined by the close only when all Individual Vessel person fishing for, or any vessel that is Commission based on: (a) the vessel’s overall length in feet Quotas (IVQ) and Individual used to fish for, IPHC Regulatory Area 4E Community Development Quota and associated length class; Transferable Quotas (ITQ) assigned by (b) the average performance of all DFO are taken, or on the date when (CDQ) Pacific halibut, IPHC Regulatory Area 4D CDQ Pacific halibut, or IPHC vessels within that class; and fishing must cease as specified in (c) the remaining fishery limit. Section 9, whichever is earlier. Regulatory Area 4D IFQ received by transfer by a CDQ organization provided (6) Length classes are shown in the (4) Notwithstanding the fishery limits following table: described in section 5, IPHC Regulatory that the total annual Pacific halibut catch of that person or vessel is landed Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and Overall length Vessel 4E will each close only when all at a port within IPHC Regulatory Areas (in feet) class Individual Fishing Quotas (IFQ) and all 4E or 4D. CDQ issued by NOAA Fisheries have (2) A person may retain Pacific 1–25 ...... A been taken, or on the date when fishing halibut taken with setline gear that are 26–30 ...... B must cease as specified in Section 9, smaller than the size limit specified in 31–35 ...... C 36–40 ...... D whichever is earlier. section 19, provided that no person may sell or barter such Pacific halibut. 41–45 ...... E (5) If the Commission determines that 46–50 ...... F the fishery limit specified for IPHC (3) The manager of a CDQ 51–55 ...... G Regulatory Area 2A in section 5 would organization that authorizes persons to 56+ ...... H be exceeded in an additional directed harvest Pacific halibut in the IPHC commercial fishing period as specified Regulatory Area 4E or 4D CDQ fisheries (7) Fishing period limits in IPHC in paragraph (4) of section 9, the fishery or IFQ received by transfer by a CDQ Regulatory Area 2A apply only to the limit for that area shall be considered to organization must report to the directed Pacific halibut fishery referred have been taken and the directed Commission the total number and to in paragraph (4) of section 9. commercial fishery closed as announced weight of undersized Pacific halibut by the Commission. taken and retained by such persons 15. Licensing Vessels for IPHC (6) When under paragraphs (1), (2), pursuant to section 13, paragraph (2). Regulatory Area 2A and (5) the Commission has announced This report, which shall include data (1) No person shall fish for Pacific a date on which the fishery limit for and methodology used to collect the halibut from a vessel, nor possess IPHC Regulatory Area 2A will be taken, data, must be received by the Pacific halibut on board a vessel, used no person shall fish for Pacific halibut Commission prior to 1 November of the either for commercial fishing or as a in that area after that date for the rest year in which such Pacific halibut were charter vessel in IPHC Regulatory Area of the year, unless the Commission has harvested. 2A, unless the Commission has issued

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a license valid for fishing in IPHC next weekday in March if 15 March is (5) The vessel clearance required Regulatory Area 2A in respect of that a Saturday or Sunday. under paragraph (1) prior to fishing in vessel. (11) Applications are submitted on IPHC Regulatory Area 4C or 4D may be (2) A license issued for a vessel the IPHC Secretariat web page. obtained only at St. Paul or St. George, operating in IPHC Regulatory Area 2A (12) Information on the ‘‘Application Alaska, from an authorized officer of the shall be valid only for operating either for Vessel License for the Pacific Halibut United States, a representative of the as a charter vessel or a commercial Fishery’’ form must be accurate. Commission, or a designated fish vessel, but not both. (13) The ‘‘Application for Vessel processor by VHF radio and allowing (3) A vessel with a valid IPHC License for the Pacific Halibut Fishery’’ the person contacted to confirm visually Regulatory Area 2A commercial license form shall be completed by the vessel the identity of the vessel. cannot be used to recreationally (sport) owner. (6) The vessel operator shall specify fish for Pacific halibut in IPHC (14) Licenses issued under this the specific regulatory area in which Regulatory Area 2A. section shall be valid only during the fishing will take place. (4) A license issued for a vessel year in which they are issued. (7) Before unloading any Pacific operating in the commercial fishery in (15) A new license is required for a halibut caught in IPHC Regulatory Area IPHC Regulatory Area 2A shall be valid vessel that is sold, transferred, renamed, 4A, a vessel operator may obtain the for one of the following: or for which the documentation is clearance required under paragraph (1) (a) The directed commercial fishery changed. only in Dutch Harbor or Akutan, Alaska, during the fishing periods specified in (16) The license required under this by contacting an authorized officer of paragraph (4) of section 9; section is in addition to any license, the United States of America, a (b) the incidental catch fishery during however designated, that is required representative of the Commission, or a the sablefish fishery specified in under the laws of the United States of designated fish processor. paragraph (5) of section 9; or America or any of its States. (8) Before unloading any Pacific (c) the incidental catch fishery during (17) The United States of America halibut caught in IPHC Regulatory Area the salmon troll fishery specified in may suspend, revoke, or modify any 4B, a vessel operator may obtain the paragraph (6) of section 9. license issued under this section under clearance required under paragraph (1) (5) A vessel with a valid license for policies and procedures in U.S. Code only in Nazan Bay on Atka Island or the IPHC Regulatory Area 2A incidental Title 15, CFR part 904. Adak, by contacting an authorized catch fishery during the sablefish officer of the United States of America, 16. Vessel Clearance in IPHC Regulatory fishery described in paragraph (4)(b) a representative of the Commission, or Area 4 may also apply for or be issued a license a designated fish processor by VHF for the directed commercial fishery (1) The operator of any vessel that radio or in person. described in paragraph (4)(a). fishes for Pacific halibut in IPHC (9) Before unloading any Pacific (6) A license issued in respect to a Regulatory Areas 4A, 4B, 4C, or 4D must halibut caught in IPHC Regulatory Areas vessel referred to in paragraph (1) of this obtain a vessel clearance before fishing 4C and 4D, a vessel operator may obtain section must be carried on board that in any of these areas, and before the the clearance required under paragraph vessel at all times and the vessel landing of any Pacific halibut caught in (1) only in St. Paul, St. George, Dutch operator shall permit its inspection by any of these areas, unless specifically Harbor, or Akutan, Alaska, either in any authorized officer. exempted in paragraphs (10), (13), (14), person or by contacting an authorized (7) The Commission shall issue a (15), or (16). officer of the United States of America, license in respect to a vessel from its (2) An operator obtaining a vessel a representative of the Commission, or office in Seattle, Washington, upon clearance required by paragraph (1) a designated fish processor. The receipt of a completed ‘‘Application for must obtain the clearance in person clearances obtained in St. Paul or St. Vessel License for the Pacific Halibut from the authorized clearance personnel George, Alaska, can be obtained by VHF Fishery’’ form. and sign the IPHC form documenting radio and allowing the person contacted (8) A vessel operating in the directed that a clearance was obtained, except to confirm visually the identity of the commercial fishery in IPHC Regulatory that when the clearance is obtained via vessel. Area 2A must have submitted its VHF radio referred to in paragraphs (5), (10) Any vessel operator who ‘‘Application for Vessel License for the (8), and (9), the authorized clearance complies with the requirements in Pacific Halibut Fishery’’ form no later personnel must sign the IPHC form section 17 for possessing Pacific halibut than 2359 local time on 30 April, or the documenting that the clearance was on board a vessel that was caught in first weekday in May if 30 April is a obtained. more than one regulatory area in IPHC Saturday or Sunday. (3) The vessel clearance required Regulatory Area 4 is exempt from the (9) A vessel operating in the under paragraph (1) prior to fishing in clearance requirements of paragraph (1) incidental catch fishery during the IPHC Regulatory Area 4A may be of this section, provided that: sablefish fishery in IPHC Regulatory obtained only at Nazan Bay on Atka (a) The operator of the vessel obtains Area 2A must have submitted its Island, Dutch Harbor, or Akutan, a vessel clearance prior to fishing in ‘‘Application for Vessel License for the Alaska, from an authorized officer of the IPHC Regulatory Area 4 in either Dutch Pacific Halibut Fishery’’ form no later United States of America, a Harbor, Akutan, St. Paul, St. George, than 2359 local time on 29 May, or the representative of the Commission, or a Adak, or Nazan Bay on Atka Island by next weekday in May if 29 May is a designated fish processor. contacting an authorized officer of the Saturday or Sunday. (4) The vessel clearance required United States of America, a (10) A vessel operating in the under paragraph (1) prior to fishing in representative of the Commission, or a incidental catch fishery during the IPHC Regulatory Area 4B may only be designated fish processor. The clearance salmon troll fishery in IPHC Regulatory obtained at Nazan Bay on Atka Island or obtained in St. Paul, St. George, Adak, Area 2A must have submitted its Adak, Alaska, from an authorized officer or Nazan Bay on Atka Island can be ‘‘Application for Vessel License for the of the United States of America, a obtained by VHF radio and allowing the Pacific Halibut Fishery’’ form no later representative of the Commission, or a person contacted to confirm visually the than 2359 local time on 15 March, or the designated fish processor. identity of the vessel. This clearance

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will list the areas in which the vessel Data Clerk) between the hours of 0600 (5) The markings specified in will fish; and and 0000 (midnight) local time within paragraph (4) shall be in characters at (b) before unloading any Pacific 72 hours before fishing for Pacific least four inches in height and one-half halibut from IPHC Regulatory Area 4, halibut in IPHC Regulatory Areas 4A, inch in width in a contrasting color the vessel operator obtains a vessel 4B, 4C, or 4D and receives a VMS visible above the water and shall be clearance from Dutch Harbor, Akutan, confirmation number. maintained in legible condition. St. Paul, St. George, Adak, or Nazan Bay (6) All gear marker buoys carried on on Atka Island by contacting an 17. Fishing Multiple Regulatory Areas board or used by a Canadian vessel used authorized officer of the United States of (1) Except as provided in this section, for Pacific halibut fishing shall be: America, a representative of the no person shall possess at the same time (a) Floating and visible on the surface Commission, or a designated fish on board a vessel Pacific halibut caught of the water; and processor. The clearance obtained in St. in more than one IPHC Regulatory Area. (b) legibly marked with the Paul or St. George can be obtained by (2) Pacific halibut caught in more than identification plate number of the vessel VHF radio and allowing the person one of the IPHC Regulatory Areas 2C, engaged in commercial fishing from contacted to confirm visually the 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be which that setline is being operated. identity of the vessel. The clearance possessed on board a vessel at the same (7) No person on board a vessel used obtained in Adak or Nazan Bay on Atka time only if: to fish for any species of fish anywhere Island can be obtained by VHF radio. (a) Authorized by NOAA Fisheries in IPHC Regulatory Area 2A during the (11) Vessel clearances shall be regulations published at 50 CFR Section 72-hour period immediately before the obtained between 0600 and 1800, local 679.7(f)(4); and fishing period for the directed time. (b) the operator of the vessel identifies commercial fishery shall catch or (12) No Pacific halibut shall be on the regulatory area in which each possess Pacific halibut anywhere in board the vessel at the time of the Pacific halibut on board was caught by those waters during that Pacific halibut clearances required prior to fishing in separating Pacific halibut from different fishing period unless, prior to the start IPHC Regulatory Area 4. areas in the hold, tagging Pacific of the Pacific halibut fishing period, the (13) Any vessel that is used to fish for halibut, or by other means. vessel has removed its gear from the Pacific halibut only in IPHC Regulatory water and has either: 18. Fishing Gear Area 4A and lands its total annual (a) Made a landing and completely Pacific halibut catch at a port within (1) No person shall fish for Pacific offloaded its catch of other fish; or IPHC Regulatory Area 4A is exempt halibut using any gear other than hook (b) submitted to a hold inspection by from the clearance requirements of and line gear, an authorized officer. paragraph (1). (a) except that vessels licensed to (8) No vessel used to fish for any (14) Any vessel that is used to fish for catch sablefish in IPHC Regulatory Area species of fish anywhere in IPHC Pacific halibut only in IPHC Regulatory 2B using sablefish trap gear as defined Regulatory Area 2A during the 72-hour Area 4B and lands its total annual in the Condition of Licence can retain period immediately before the fishing Pacific halibut catch at a port within Pacific halibut caught as bycatch under period for the directed commercial IPHC Regulatory Area 4B is exempt regulations promulgated by DFO; or fishery may be used to catch or possess from the clearance requirements of (b) except that a person may retain Pacific halibut anywhere in those waters paragraph (1). Pacific halibut taken with longline or during that Pacific halibut fishing (15) Any vessel that is used to fish for single pot gear if such retention is period unless, prior to the start of the Pacific halibut only in IPHC Regulatory authorized by NOAA Fisheries Pacific halibut fishing period, the vessel Areas 4C or 4D or 4E and lands its total regulations published at 50 CFR part has removed its gear from the water and annual Pacific halibut catch at a port 679. has either: within IPHC Regulatory Areas 4C, 4D, (2) No person shall possess Pacific (a) Made a landing and completely 4E, or the closed area defined in section halibut taken with any gear other than offloaded its catch of other fish; or 10, is exempt from the clearance hook and line gear, (b) submitted to a hold inspection by requirements of paragraph (1). (a) except that vessels licensed to an authorized officer. (16) Any vessel that carries a NOAA catch sablefish in IPHC Regulatory Area (9) No person on board a vessel used Fisheries observer, a NOAA Fisheries 2B using sablefish trap gear as defined to fish for any species of fish anywhere electronic monitoring system, or a by the Condition of Licence can retain in IPHC Regulatory Areas 2B, 2C, 3A, transmitting VMS transmitter while Pacific halibut caught as bycatch under 3B, 4A, 4B, 4C, 4D, or 4E during the 72- fishing for Pacific halibut in IPHC regulations promulgated by DFO; or hour period immediately before the Regulatory Areas 4A, 4B, 4C, or 4D and (b) except that a person may possess opening of the Pacific halibut fishing until all Pacific halibut caught in any of Pacific halibut taken with longline or season shall catch or possess Pacific these IPHC Regulatory Areas is landed, single pot gear if such possession is halibut anywhere in those areas until is exempt from the clearance authorized by NOAA Fisheries the vessel has removed all of its gear requirements of paragraph (1) of this regulations published at 50 CFR part from the water and has either: section, provided that: 679. (a) Made a landing and completely (a) The operator of the vessel (3) No person shall possess Pacific offloaded its entire catch of other fish; complies with NOAA Fisheries’ halibut while on board a vessel carrying or observer or electronic monitoring any trawl nets. (b) submitted to a hold inspection by regulations published at 50 CFR Subpart (4) All gear marker buoys carried on an authorized officer. E, or vessel monitoring system board or used by any United States of (10) No vessel used to fish for any regulations published at 50 CFR America vessel used for Pacific halibut species of fish anywhere in IPHC 679.28(f)(3), (4) and (5); and fishing shall be marked with one of the Regulatory Areas 2B, 2C, 3A, 3B, 4A, (b) the operator of the vessel notifies following: 4B, 4C, 4D, or 4E during the 72-hour NOAA Fisheries Office for Law (a) The vessel’s State license number; period immediately before the opening Enforcement at 800–304–4846 (select or of the Pacific halibut fishing season may option 1 to speak to an Enforcement (b) the vessel’s registration number. be used to catch or possess Pacific

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halibut anywhere in those areas until 2A must use either the WDFW representative of the Commission upon the vessel has removed all of its gear Voluntary Sablefish Logbook, Oregon demand; from the water and has either: Department of Fish and Wildlife (d) kept on board the vessel when (a) Made a landing and completely (ODFW) Fixed Gear Logbook, or the engaged in Pacific halibut fishing, offloaded its entire catch of other fish; logbook provided by IPHC. during transits to port of landing, and or (2) The logbook referred to in until the offloading of all Pacific halibut (b) submitted to a hold inspection by paragraph (1) must include the is completed; an authorized officer. following information: (e) submitted to the DFO within seven (11) Notwithstanding any other (a) The name of the vessel and the days of offloading; and provision in these Regulations, a person State (ADFG, WDFW, ODFW, or CDFW) (f) submitted to the Commission may retain, possess and dispose of or Tribal ID number; within seven days of the final offload if Pacific halibut taken with trawl gear (b) the date(s) upon which the fishing not previously collected by a only as authorized by Prohibited gear is set or retrieved; Commission employee. Species Donation regulations of NOAA (c) the latitude and longitude (8) No person shall make a false entry Fisheries. coordinates or a direction and distance in a log referred to in this section. from a point of land for each set or day; 19. Size Limits 21. Receipt and Possession of Pacific (d) the number of skates deployed or Halibut (1) No person shall take or possess retrieved, and number of skates lost; and any Pacific halibut that: (e) the total weight or number of (1) No person shall receive Pacific (a) With the head on, is less than 32 Pacific halibut retained for each set or halibut caught in IPHC Regulatory Area inches (81.3 cm) as measured in a day. 2A from a United States of America straight line, passing over the pectoral (3) The logbook referred to in vessel that does not have on board the fin from the tip of the lower jaw with paragraph (1) shall be: license required by section 15. the mouth closed, to the extreme end of (a) Maintained on board the vessel; (2) No person shall possess on board the middle of the tail, as illustrated in (b) updated not later than 24 hours a vessel a Pacific halibut other than Figure 2; or after 0000 (midnight) local time for each whole or with gills and entrails (b) with the head removed, is less day fished and prior to the offloading or removed, except that this paragraph than 24 inches (61.0 cm) as measured sale of Pacific halibut taken during that shall not prohibit the possession on from the base of the pectoral fin at its fishing trip; board a vessel of: most anterior point to the extreme end (c) retained for a period of two years (a) Pacific halibut cheeks cut from of the middle of the tail, as illustrated by the owner or operator of the vessel; Pacific halibut caught by persons in Figure 2. (d) open to inspection by an authorized to process the Pacific halibut (2) No person on board a vessel authorized officer or any authorized on board in accordance with NOAA fishing for, or tendering, Pacific halibut representative of the Commission upon Fisheries regulations published at 50 in any IPHC Regulatory Area shall demand; and CFR part 679; possess any Pacific halibut that has had (e) kept on board the vessel when (b) fillets from Pacific halibut its head removed, except that Pacific engaged in Pacific halibut fishing, offloaded in accordance with section 21 halibut frozen at sea with its head during transits to port of landing, and that are possessed on board the removed may be possessed on board a until the offloading of all Pacific halibut harvesting vessel in the port of landing vessel by persons in IPHC Regulatory is completed. up to 1800 local time on the calendar Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, (4) The log referred to in paragraph (1) day following the offload 4; and and 4E if authorized by Federal does not apply to the incidental Pacific (c) Pacific halibut with their heads regulations. halibut fishery during the salmon troll removed in accordance with section 19. (3) The size limit in paragraph (1)(b) season in IPHC Regulatory Area 2A (3) No person shall offload Pacific will not be applied to any Pacific defined in paragraph (6) of section 9. halibut from a vessel unless the gills halibut that has had its head removed (5) The operator of any Canadian and entrails have been removed prior to after the operator has landed the Pacific vessel fishing for Pacific halibut shall offloading.5 halibut. maintain an accurate record in the (4) It shall be the responsibility of a vessel operator who lands Pacific 20. Logs British Columbia Integrated Groundfish Fishing Log. halibut to continuously and completely (1) The operator of any U.S. vessel (6) The log referred to in paragraph (5) offload at a single offload site all Pacific fishing for Pacific halibut that has an must include the following information: halibut on board the vessel. overall length of 26 feet (7.9 meters) or (a) The name of the vessel and the (5) A registered buyer (as that term is greater shall maintain an accurate log of DFO vessel registration number; defined in regulations promulgated by Pacific halibut fishing operations. The (b) the date(s) upon which the fishing NOAA Fisheries and codified at 50 CFR operator of a vessel fishing in waters in gear is set and retrieved; part 679) who receives Pacific halibut and off Alaska must use one of the (c) the latitude and longitude harvested in IFQ and CDQ fisheries in following logbooks: The Groundfish/IFQ coordinates for each set; IPHC Regulatory Areas 2C, 3A, 3B, 4A, Longline and Pot Gear Daily Fishing (d) the number of skates deployed or 4B, 4C, 4D, and 4E, directly from the Logbook, in electronic or paper form, retrieved, and number of skates lost; and vessel operator that harvested such provided by NOAA Fisheries; the (e) the total weight or number of Pacific halibut must weigh all the Alaska hook-and-line logbook provided Pacific halibut retained for each set. Pacific halibut received and record the by Petersburg Vessel Owners (7) The log referred to in paragraph (5) Association or Alaska Longline shall be: 4 DFO has more restrictive regulations; therefore, Fisherman’s Association; the Alaska (a) Maintained on board the vessel; section 21 paragraph (2)(b) does not apply to fish Department of Fish and Game (ADFG) (b) retained for a period of two years caught in IPHC Regulatory Area 2B or landed in British Columbia. longline-pot logbook; or the logbook by the owner or operator of the vessel; 5 DFO did not adopt this regulation; therefore, provided by IPHC. The operator of a (c) open to inspection by an section 21 paragraph (3) does not apply to fish vessel fishing in IPHC Regulatory Area authorized officer or any authorized caught in IPHC Regulatory Area 2B.

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following information on Federal catch Federal catch reports: The date; locality; (a) Subarea 2A–1 includes the usual reports: Date of offload; name of vessel; name of vessel; the name(s) of the and accustomed fishing areas for Pacific vessel number (State, Tribal or Federal, person(s) from whom the Pacific halibut Coast treaty tribes off the coast of not IPHC vessel number); scale weight was purchased; and the scale weight Washington and all inland marine obtained at the time of offloading, obtained at the time of offloading of all waters of Washington north of Point including the scale weight (in pounds) Pacific halibut on board the vessel Chehalis (46°53.30′ N lat.), including of Pacific halibut purchased by the including the pounds purchased, Puget Sound. Boundaries of a tribe’s registered buyer, the scale weight (in pounds in excess of IVQs or ITQs, fishing area may be revised as ordered pounds) of Pacific halibut offloaded in pounds retained for personal use, and by a United States Federal court. excess of the IFQ or CDQ, the scale pounds discarded as unfit for human (b) Section 15 (Licensing Vessels for weight of Pacific halibut (in pounds) consumption. All Pacific halibut must IPHC Regulatory Area 2A) does not retained for personal use or for future be weighed with the head on and the apply to commercial fishing for Pacific sale, and the scale weight (in pounds) of head-on weight must be recorded on the halibut in Subarea 2A–1 by Indian Pacific halibut discarded as unfit for Provincial fish tickets or Federal catch tribes. human consumption. All Pacific halibut reports as specified in this paragraph, (c) Ceremonial and subsistence harvested in IFQ or CDQ fisheries in unless the Pacific halibut is frozen at sea fishing for Pacific halibut in Subarea Areas IPHC Regulatory 2C, 3A, 3B, 4A, and exempt from the head-on landing 2A–1 is permitted with hook and line 4B, 4C, 4D, and 4E, must be weighed requirement at section 19(2). gear from 1 January through 31 with the head on and the head-on (9) No person shall make a false entry December. weight must be recorded on Federal on a State or Provincial fish ticket or a (2) In IPHC Regulatory Area 2C, the catch reports as specified in this Federal catch or landing report referred Metlakatla Indian Community has been paragraph, unless the Pacific halibut is to in paragraphs (5), (6), and (8) of this authorized by the United States frozen at sea and exempt from the head- section. Government to conduct a commercial on landing requirement at section 19(2). (10) A copy of the fish tickets or catch Pacific halibut fishery within the (6) The first recipient, commercial reports referred to in paragraphs (5), (6), Annette Islands Reserve. Fishing fish processor, or buyer in the United and (8) shall be: periods for this fishery are announced States of America who purchases or (a) Retained by the person making by the Metlakatla Indian Community receives Pacific halibut directly from the them for a period of three years from the and the Bureau of Indian Affairs. vessel operator that harvested such date the fish tickets or catch reports are Landings in this fishery are accounted Pacific halibut must weigh and record made; and with the commercial landings for IPHC all Pacific halibut received and record (b) open to inspection by an Regulatory Area 2C. the following information on State fish authorized officer or any authorized tickets: The date of offload; vessel (3) Section 7 (careful release of Pacific representative of the Commission. halibut), section 18 (fishing gear), except number (State or Federal, not IPHC (11) No person shall possess any paragraphs (7) and (8) of section 18, vessel number) or Tribal ID number; Pacific halibut taken or retained in section 19 (size limits), section 20 (logs), total weight obtained at the time of contravention of these Regulations. offload including the weight (in pounds) (12) When Pacific halibut are landed and section 21 (receipt and possession of Pacific halibut purchased; the weight to other than a commercial fish of Pacific halibut) apply to commercial (in pounds) of Pacific halibut offloaded processor, the records required by fishing for Pacific halibut by Indian in excess of the IFQ, CDQ, or fishing paragraph (6) shall be maintained by the tribes. period limits; the weight of Pacific operator of the vessel from which that (4) Regulations in paragraph (3) of this halibut (in pounds) retained for Pacific halibut was caught, in section that apply to State fish tickets personal use or for future sale; and the compliance with paragraph (10). apply to Tribal tickets that are weight (in pounds) of Pacific halibut (13) No person shall tag Pacific authorized by WDFW and ADFG. discarded as unfit for human halibut unless the tagging is authorized (5) Commercial fishing for Pacific consumption. All Pacific halibut by IPHC permit or by a Federal or State halibut is permitted with hook and line harvested in fisheries in IPHC agency. gear between the dates specified in Regulatory Areas 2A, 2C, 3A, 3B, 4A, section 9 paragraphs (2) and (3), or until 4B, 4C, 4D, and 4E must be weighed 22. Supervision of Unloading and the applicable fishery limit specified in with the head on and the head-on Weighing section 5 is taken, whichever occurs weight must be recorded on State fish (1) The unloading and weighing of first. tickets as specified in this paragraph, Pacific halibut may be subject to the 24. Indigenous Groups Fishing for Food, unless the Pacific halibut is frozen at sea supervision of authorized officers to Social and Ceremonial Purposes in and exempt from the head-on landing assure the fulfillment of the provisions British Columbia requirement at section 19(2). of these Regulations. (7) For Pacific halibut landings made (2) The unloading and weighing of (1) Fishing for Pacific halibut for food, in Alaska, the requirements as listed in Pacific halibut may be subject to social and ceremonial purposes by paragraphs (5) and (6) can be met by sampling by an authorized Indigenous groups in IPHC Regulatory recording the information in the representative of the Commission. Area 2B shall be governed by the Interagency Electronic Reporting Fisheries Act of Canada and regulations Systems, eLandings, in accordance with 23. Fishing by United States Indian as amended from time to time. NOAA Fisheries regulation published at Tribes 25. Customary and Traditional Fishing 50 CFR part 679. (1) Pacific halibut fishing in IPHC in Alaska (8) The master or operator of a Regulatory Area Subarea 2A–1 by Canadian vessel that was engaged in members of United States treaty Indian (1) Customary and traditional fishing Pacific halibut fishing must weigh and tribes located in the State of Washington for Pacific halibut in IPHC Regulatory record all Pacific halibut on board said shall be regulated under regulations Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and vessel at the time offloading commences promulgated by NOAA Fisheries and 4E shall be governed pursuant to and record on Provincial fish tickets or published in the Federal Register. regulations promulgated by NOAA

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Fisheries and published in 50 CFR part (3) In California, Oregon, or 29. Recreational (Sport) Fishing for 300. Washington, no person shall fillet, Pacific Halibut—IPHC Regulatory Areas (2) Customary and traditional fishing mutilate, or otherwise disfigure a Pacific 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E is authorized from 1 January through 31 halibut in any manner that prevents the (1) In Convention waters in and off December. determination of minimum size or the Alaska: 89 26. Recreational (Sport) Fishing for number of fish caught, possessed, or (a) The recreational (sport) fishing Pacific Halibut—General landed. season is from 1 February to 31 December. (1) No person shall engage in (4) The possession limit on a vessel (b) The daily bag limit is two Pacific recreational (sport) fishing for Pacific for Pacific halibut in the waters off the halibut of any size per day per person halibut using gear other than a single coast of Washington is the same as the unless a more restrictive bag limit line with no more than two hooks daily bag limit. The possession limit for applies in Commission regulations or attached; or a spear. Pacific halibut on land in Washington is Federal regulations at 50 CFR 300.65. (2) Any size limit promulgated under two daily bag limits. (c) No person may possess more than IPHC or domestic regulations shall be (5) The possession limit on a vessel two daily bag limits. measured in a straight line passing over for Pacific halibut caught in the waters (d) No person shall possess on board the pectoral fin from the tip of the lower off the coast of Oregon is the same as the a vessel, including charter vessels and jaw with the mouth closed, to the daily bag limit. The possession limit for pleasure craft used for fishing, Pacific extreme end of the middle of the tail as Pacific halibut on land in Oregon is halibut that have been filleted, depicted in Figure 2. mutilated, or otherwise disfigured in (3) Any Pacific halibut brought aboard three daily bag limits. any manner, except that each Pacific a vessel and not immediately returned (6) The possession limit on a vessel halibut may be cut into no more than 2 to the sea with a minimum of injury will for Pacific halibut caught in the waters ventral pieces, 2 dorsal pieces, and 2 be included in the daily bag limit of the off the coast of California is one daily cheek pieces, with a patch of skin on person catching the Pacific halibut. bag limit. The possession limit for (4) No person may possess Pacific each piece, naturally attached. Pacific halibut on land in California is (e) Pacific halibut in excess of the halibut on a vessel while fishing in a one daily bag limit. closed area. possession limit in paragraph (1)(c) of (5) No Pacific halibut caught by (7) Specific regulations describing this section may be possessed on a recreational (sport) fishing shall be fishing periods, fishery limits, fishing vessel that does not contain recreational offered for sale, sold, traded, or bartered. dates, and daily bag limits are (sport) fishing gear, fishing rods, hand (6) No Pacific halibut caught in promulgated by NOAA Fisheries and lines, or gaffs. recreational (sport) fishing shall be published in the Federal Register. (f) Pacific halibut harvested on a possessed on board a vessel when other charter vessel fishing trip in IPHC 28. Recreational (Sport) Fishing for Regulatory Areas 2C or 3A must be fish or shellfish aboard said vessel are Pacific Halibut—IPHC Regulatory Area destined for commercial use, sale, trade, retained on board the charter vessel on 2B or barter. which the Pacific halibut was caught (7) The operator of a charter vessel until the end of the charter vessel (1) In all waters off British fishing trip as defined at 50 CFR 300.61. shall be liable for any violations of these Columbia: 67 Regulations committed by an angler on (g) Guided angler fish (GAF), as board said vessel. In Alaska, the charter (a) The recreational (sport) fishing described at 50 CFR 300.65, may be vessel guide, as defined in 50 CFR season will open on 1 February unless used to allow a charter vessel angler to 300.61 and referred to in 50 CFR 300.65, more restrictive regulations are in place; harvest additional Pacific halibut up to 300.66, and 300.67, shall be liable for (b) the recreational (sport) fishing the limits in place for unguided anglers, any violation of these Regulations season will close when the recreational and are exempt from the requirements committed by an angler on board a (sport) fishery limit allocated by DFO is in paragraphs (2) and (3) of this section. (2) For guided recreational (sport) charter vessel. taken, or 31 December, whichever is fishing (as referred to in 50 CFR 300.65) 27. Recreational (Sport) Fishing for earlier; and in IPHC Regulatory Area 2C: Pacific Halibut—IPHC Regulatory Area (c) the daily bag limit is two Pacific (a) No person on board a charter 2A halibut of any size per day per person. vessel (as referred to in 50 CFR 300.65) (1) The Commission shall determine (2) In British Columbia, no person shall catch and retain more than one and announce closing dates to the shall fillet, mutilate, or otherwise Pacific halibut per calendar day. public for any area in which the fishery disfigure a Pacific halibut in any (b) No person on board a charter limits promulgated by NOAA Fisheries manner that prevents the determination vessel (as referred to in 50 CFR 300.65) shall catch and retain any Pacific are estimated to have been taken. of minimum size or the number of fish halibut that with head on is greater than (2) When the Commission has caught, possessed, or landed. determined that a subquota under 50 inches (127.0 cm) and less than 72 paragraph (7) of this section is estimated (3) The possession limit for Pacific inches (182.9 cm) as measured in a to have been taken, and has announced halibut in the waters off the coast of straight line, passing over the pectoral a date on which the season will close, British Columbia is three Pacific 67 no person shall recreational (sport) fish halibut. 8 NOAA Fisheries could implement more restrictive regulations for the recreational (sport) for Pacific halibut in that area after that fishery or components of it, therefore, anglers are 6 date for the rest of the year, unless a DFO could implement more restrictive advised to check the current Federal or State reopening of that area for recreational regulations for the recreational (sport) fishery, regulations prior to fishing. therefore anglers are advised to check the current (sport) Pacific halibut fishing is 9 Charter vessels are prohibited from harvesting Federal or Provincial regulations prior to fishing. Pacific halibut in IPHC Regulatory Areas 2C and 3A scheduled in accordance with the Catch 7 For regulations on the experimental recreational during one charter vessel fishing trip under Sharing Plan for IPHC Regulatory Area fishery implemented by DFO check the current regulations promulgated by NOAA Fisheries at 50 2A, or announced by the Commission. Federal or Provincial regulations. CFR 300.66.

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fin from the tip of the lower jaw with (c) A ‘‘charter halibut permit’’ (as 50 CFR 300.61 as the time period mouth closed, to the extreme end of the referred to in 50 CFR 300.67) may only between the first deployment of fishing middle of the tail. be used for one charter vessel fishing gear into the water by a charter vessel (3) For guided recreational (sport) trip in which Pacific halibut are caught angler (as defined at 50 CFR 300.61) and fishing (as referred to in 50 CFR 300.65) and retained per calendar day. A charter the offloading of one or more charter in IPHC Regulatory Area 3A: vessel fishing trip is defined at 50 CFR vessel anglers or any Pacific halibut 300.61 as the time period between the from that vessel. For purposes of this (a) No person on board a charter first deployment of fishing gear into the trip limit, a charter vessel fishing trip vessel (as referred to in 50 CFR 300.65) water by a charter vessel angler (as ends at 2359 (Alaska local time) on the shall catch and retain more than two defined at 50 CFR 300.61) and the same calendar day that the fishing trip Pacific halibut per calendar day. offloading of one or more charter vessel began, or when any anglers or Pacific (b) At least one of the retained Pacific anglers or any Pacific halibut from that halibut are offloaded, whichever comes halibut must have a head-on length of vessel. For purposes of this trip limit, a first. no more than 32 inches (81.3 cm) as charter vessel fishing trip ends at 2359 measured in a straight line, passing over (Alaska local time) on the same calendar (e) No person on board a charter the pectoral fin from the tip of the lower day that the fishing trip began, or when vessel may catch and retain Pacific jaw with mouth closed, to the extreme any anglers or Pacific halibut are halibut on any Wednesday. end of the middle of the tail. If a person offloaded, whichever comes first. 30. Previous Regulations Superseded recreational (sport) fishing on a charter (d) A charter vessel on which one or vessel in IPHC Regulatory Area 3A more anglers catch and retain Pacific These Regulations shall supersede all retains only one Pacific halibut in a halibut may only make one charter previous regulations of the Commission, calendar day, that Pacific halibut may vessel fishing trip per calendar day. A and these Regulations shall be effective be of any length. charter vessel fishing trip is defined at each succeeding year until superseded.

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Classification the Federal Register provide the DEPARTMENT OF COMMERCE affected public with notice that the IPHC Regulations IPHC management measures are in National Oceanic and Atmospheric These IPHC annual management effect. Furthermore, no other law Administration measures are a product of an agreement requires prior notice and public between the United States and Canada comment for this rule. Because prior 50 CFR Part 635 and are published in the Federal notice and an opportunity for public Register to provide notice of their [Docket No. 191125–0090; RTID 0648– comment are not required to be XA895] effectiveness and content. Pursuant to provided for these portions of this rule Section 4 of the Northern Pacific by 5 U.S.C. 553, or any other law, the Atlantic Highly Migratory Species; Halibut Act of 1982, 16 U.S.C. 773b, the analytical requirements of the Commercial Aggregated Large Coastal Secretary of State, with the concurrence Regulatory Flexibility Act, 5 U.S.C. 601 Sharks and Hammerhead Sharks in the of the Secretary of Commerce, may et seq., are not applicable. Accordingly, Western Gulf of Mexico Sub-Region; ‘‘accept or reject’’ but not modify these Closure recommendations of the IPHC. These no Regulatory Flexibility Analysis is regulations become effective upon that required for this portion of the rule and AGENCY: National Marine Fisheries acceptance. The notice-and-comment none has been prepared. This final rule Service (NMFS), National Oceanic and and delay-in-effectiveness date has been determined to be not Atmospheric Administration (NOAA), provisions of the Administrative significant for the purposes of Executive Commerce. Order 12866. Procedure Act (APA), 5 U.S.C. 553(b) ACTION: Temporary rule; closure. and (d), are inapplicable to IPHC Authority: 16 U.S.C. 773 et seq. management measures because these SUMMARY: NMFS is closing the regulations involves a foreign affairs Dated: March 3, 2021. commercial fishery for the aggregated function of the United States, 5 U.S.C. Samuel D. Rauch, III, large coastal sharks (LCS) and 553(a)(1). As stated above, the Secretary Deputy Assistant Administrator for hammerhead shark management groups of State has no discretion to modify the Regulatory Programs, National Marine in the western Gulf of Mexico sub- recommendations of the IPHC. The Fisheries Service. region. This action is necessary because additional time necessary to comply [FR Doc. 2021–04821 Filed 3–8–21; 8:45 am] the commercial landings of sharks in the with the notice-and-comment and BILLING CODE 3510–22–P aggregated LCS management group in delay-in-effectiveness requirements of the western Gulf of Mexico sub-region the APA would disrupt coordinated for the 2021 fishing season have reached international conservation and 80 percent of the available commercial management of the halibut fishery quota, and the aggregated LCS and pursuant to the Convention and the hammerhead shark management groups Northern Pacific Halibut Act of 1982. quotas are linked under the regulations. The publication of these regulations in This closure will affect anyone

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