Loading (50 kb)...'
(continued)
Authorized party officer means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty.
Closed area means any of the closed areas identified in Schedule 2 of Annex I of the Treaty.
Fishing means searching for, catching, taking, or harvesting fish; attempting to search for, catch, take, or harvest fish; engaging in any other activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fish; placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or aircraft use, relating to the activities described in this definition, except for flights in emergencies involving the health or safety of crew members or the safety of a vessel.
Fishing arrangement means an arrangement between a Pacific Island Party and the owner of a U.S. fishing vessel that complies with section 6(b) of the Act.
Fishing vessel or vessel means any boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for commercial fishing, and that is documented under the laws of the United States.
Licensing Area means all waters in the Treaty Area except for:
(1) Those waters subject to the jurisdiction of the United States in accordance with international law.
(2) Those waters within closed areas.
(3) Those waters within limited areas closed to fishing.
Licensing period means the period of validity of licenses issued in accordance with the Treaty.
Limited area(s) means those areas so identified in Schedule 3 of Annex I of the Treaty.
Operator means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master.
Pacific Island Party means a Pacific island nation that is a party to the Treaty.
Regional Administrator means the Director, Southwest Region, or a designee.
Transship means to unload any or all of the fish on board a licensed vessel either ashore or onto another vessel.
Treaty Area means the area described in paragraph 1(k) of Article I of the Treaty.
§ 300.32 Vessel licenses.
top
(a) Each vessel fishing in the Licensing Area must have a license issued by the Administrator for the licensing period being fished, unless excepted by §300.39. Each licensing period begins on June 15 and ends on June 14 of the following year.
(b) Upon receipt, the license or a duly certified copy, facsimile or telex confirmation must be carried on board the vessel when in the Licensing Area or Closed Areas and must be produced at the request of authorized officers, authorized party officers, or authorized inspectors. Prior to receipt of the license, but after issuance, a vessel may be used to fish, provided the number of the issued license is available on board.
(c) Application forms for licenses to use a vessel to fish in the Licensing Area may be requested from, and upon completion, must be returned to, the Regional Administrator. All of the information requested on the form and the following must be supplied before the application will be considered complete:
(1) The licensing period for which the license is requested.
(2) The name of an agent, located in Port Moresby, Papua New Guinea, who, on behalf of the license holder, will receive and respond to any legal process issued in accordance with the Treaty.
(3) Documentation from an insurance company showing that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance.
(4) If the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, reasonable assurances that the owner of charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines.
(5) A copy of the vessel's USCG Certificate of Documentation.
(d) The number of available licenses are set forth in Schedule 2 of Annex II of the Treaty.
(e) Applications for vessels may be submitted at any time; complete applications will be forwarded to the Secretary of State for transmittal to the Administrator.
(f) The Secretary, in consultation with the Secretary of State, may determine that a license application for a vessel should not be forwarded to the Administrator if:
(1) The application is not in accord with the Treaty, Act, or regulations;
(2) The owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, and reasonable financial assurances have not been provided to the Secretary that the owner or charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines;
(3) The owner or charterer has not established to the satisfaction of the Secretary that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance; or
(4) The owner or charterer has not paid any final penalty assessed by the Secretary in accordance with the Act.
(g) An applicant will be promptly notified if that applicant's license application will not be forwarded to the Administrator, and of the reasons therefor. Within 15 days of notification by the Regional Administrator that the application will not be forwarded, an applicant may request reconsideration by providing a petition for reconsideration accompanied by new or additional information.
§ 300.33 Compliance with applicable national laws.
top
The operator of the vessel shall comply with each of the applicable national laws, and the operator of the vessel shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws.
§ 300.34 Reporting requirements.
top
(a) License holders shall comply with the reporting requirements of parts 4 and 5 of Annex I to the Treaty.
(b) Information provided by license holders under Schedule 5 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Administrator within 2 days of reaching port.
(c) Information provided by license holders under Schedule 6 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Administrator within 2 days of completing unloading.
(d) Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of these regulations, the Act, or the Treaty shall be true, complete and correct. Any change in circumstances that has the effect of rendering any of the information provided false, incomplete or misleading shall be communicated immediately to the Regional Administrator.
§ 300.35 Vessel and gear identification.
top
While a vessel is in the Licensing Area, a Limited Area closed to fishing, or a Closed Area, a recent and up-to-date copy of the International Code of Signals (INTERCO) shall be on board and accessible at all times. The operator shall comply with the 1989 Food and Agricultural Organization standard specifications for the marking and identification of fishing vessels. The international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, and be clear, distinct, and uncovered, in the following manner:
(a) On both sides of the vessel's hull or superstructure, with each letter and number being at least 1 m high and having a stroke width of 16.7 cm, with the background extending to provide a border around the mark of not less than 16.7 cm.
(b) On the vessel's deck, on the body of any helicopter and on the hull of any skiff, with each letter and number being at least 30 cm high, and having a stroke width of 5 cm with the background extending to provide a border around the mark of not less than 5 cm.
(c) On any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 cm high and having a stroke width of 1.7 cm, with the background extending to provide a border around the mark of not less than 1.7 cm.
§ 300.36 Closed area stowage requirements.
top
At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any shall be tied down; and launches shall be secured.
§ 300.37 Radio monitoring.
top
The international distress frequency, 2.182 mHz, and 156.8 mHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the Parties.
§ 300.38 Prohibitions.
top
(a) Except as provided for in §300.39, in addition to the prohibitions in §300.4, it is unlawful for any person subject to the jurisdiction of the United States to do any of the following:
(1) To violate the Act or any provision of any regulation or order issued pursuant to Act.
(2) To use a vessel for fishing in violation of an applicable national law.
(3) To violate the terms and conditions of any fishing arrangement to which that person is a party.
(4) To use a vessel for fishing in a Limited Area in violation of the requirements set forth in Schedule 3 of Annex I of the Treaty on “Limited Areas”.
(5) To use a vessel for fishing in any Closed Area.
(6) To refuse to permit any authorized officer or authorized party officer to board a fishing vessel for purpose of conducting a search or inspection in connection with the enforcement of the Act or the Treaty.
(7) To refuse to comply with the instructions of an authorized officer or authorized party officer relating to fishing activities under the Treaty.
(8) To refuse to permit an authorized inspector full access to any place where fish taken in the Licensing Area is unloaded.
(9) To refuse to allow an authorized inspector to remove samples of fish from a vessel that fished in the Licensing Area.
(10) To forcibly assault, resist, oppose, impede, intimidate, or interfere with:
(i) Any authorized officer, authorized party officer or authorized inspector in the conduct of a search or inspection in connection with the enforcement of these regulations, the Act or the Treaty; or
(ii) An observer in the conduct of observer duties under the Treaty.
(11) To transship fish on board a vessel that fished in the Licensing Area, except in accordance with the conditions set out in parts 3 and 4 of Annex I to the Treaty.
(b) Except as provided for in §300.39, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area:
(1) To use a vessel to fish unless validly licensed as required by the Administrator.
(2) To use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental bycatch.
(3) To use a vessel for fishing by any method, except the purse-seine method.
(4) To use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license.
(5) To operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels.
(6) To use a vessel to fish in a manner inconsistent with an order issued by the Secretary under §300.42 (section 11 of the Act).
(7) Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use aircraft in association with fishing activities of a vessel, unless it is identified on the license application for the vessel, or any amendment thereto.
§ 300.39 Exceptions.
top
(a) The prohibitions of §300.38 and the licensing requirements of §300.32 do not apply to fishing for albacore tuna by vessels using the trolling method outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.
(b) The prohibitions of §300.38(a)(4), (a)(5), and (b)(3) do not apply to fishing under the terms and conditions of a fishing arrangement.
§ 300.40 Civil penalties.
top
The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act.
§ 300.41 Investigation notification.
top
Upon commencement of an investigation under section 10(b)(1) of the Act, the operator of any vessel concerned shall have 30 days after receipt of notification of the investigation and the operator's rights under section 10(b)(1) to submit comments, information, or evidence bearing on the investigation, and to request in writing that the Secretary provide the operator an opportunity to present the comments, information, or evidence orally to the Secretary or the Secretary's representative.
§ 300.42 Findings leading to removal from fishing area.
top
(a) Following an investigation conducted under section 10(b) of the Act, the Secretary, with the concurrence of the Secretary of State, and upon the request of the Pacific Island Party concerned, may order a fishing vessel that has not submitted to the jurisdiction of that Pacific Island Party to leave immediately the Licensing Area, all Limited Areas, and all Closed Areas upon making a finding that:
(1) The fishing vessel—
(i) While fishing in the Licensing Area did not have a license under the Treaty to fish in the Licensing Area, and that under paragraph 2 of Article 3 of the Treaty, the fishing is not authorized to be conducted in the Licensing Area without a license;
(ii) Was involved in any incident in which an authorized officer, authorized party officer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcibly resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of duties as authorized by the Act or the Treaty;
(iii) Has not made full payment within 60 days of any amount due as a result of a final judgement or other final determination deriving from a violation in waters within the Treaty Area of a Pacific Island Party; or
(iv) Was not represented by an agent for service of process in accordance with the Treaty; or
(2) There is probable cause to believe that the fishing vessel—
(i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act;
(ii) Used an aircraft in violation of section 5(b)(7) of the Act; or
(iii) Was involved in an incident in which section 5(a)(7) of the Act was violated.
(b) Upon being advised by the Secretary of State that proper notification to Parties has been made under paragraph 7 of Article 5 of the Treaty that a Pacific Island Party is investigating an alleged infringement of the Treaty by a vessel in waters under the jurisdiction of that Pacific Island Party, the Secretary shall order the vessel to leave those waters until the Secretary of State notifies the Secretary that the order is no longer necessary.
(c) The Secretary shall rescind any order issued on the basis of a finding under paragraphs (a)(1) (iii) or (iv) of this section (subsections 11(a)(1) (C) or (D) of the Act) as soon as the Secretary determines that the facts underlying the finding do not apply.
(d) An order issued in accordance with this section is not subject to judicial review.
§ 300.43 Observers.
top
(a) The operator and each member of the crew of a vessel shall allow and assist any person identified as an observer under the Treaty by the Pacific Island Parties:
(1) To board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary.
(2) Without interfering unduly with the lawful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel that the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas that may be used to hold, process, weigh and store fish; remove samples; have full access to vessel's records, including its log and documentation for the purpose of inspection and copying; have reasonable access to navigation equipment, charts, and radios, and gather any other information relating to fisheries in the Licensing Area.
(3) To disembark at the point and time notified by the Pacific Island Parties to the Secretary.
(4) To carry out observer duties safely.
(b) The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommodation and medical facilities of reasonable standard as may be acceptable to the Pacific Island Party whose representative is serving as the observer.
§ 300.44 Other inspections.
top
The operator and each member of the crew of any vessel from which any fish taken in the Licensing Area is unloaded or transshipped shall allow, or arrange for, and assist any authorized inspector, authorized party officer, or authorized officer to have full access to any place where the fish is unloaded or transshipped, to remove samples, to have full access to the vessel's records, including its log and documentation for the purpose of inspection and photocopying, and to gather any other information relating to fisheries in the Licensing Area without interfering unduly with the lawful operation of the vessel.
Subpart E—Pacific Halibut Fisheries
top
Authority: 16 U.S.C. 773–773k.
§ 300.60 Purpose and scope.
top
This subpart implements the North Pacific Halibut Act of 1982 (Act) and is intended to supplement, not conflict with, the annual fishery management measures adopted by the International Pacific Halibut Commission (Commission) under the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (Convention).
§ 300.61 Definitions.
top
In addition to the terms defined in §300.2 and those in the Act and the Convention, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Convention, the definition in this section shall apply.
Alaska Native tribe means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a Federally recognized Alaska Native tribe that has customary and traditional use of halibut and that is listed in §300.65(f)(2) of this part.
Area 2A includes all waters off the States of California, Oregon, and Washington.
Charter vessel means a vessel used for hire in sport fishing for halibut, but not including a vessel without a hired operator.
Commercial fishing means fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing.
Commission means the International Pacific Halibut Commission.
Commission regulatory area means an area defined by the Commission for purposes of the Convention identified in 50 CFR 300.60 and prescribed in the annual management measures published pursuant to 50 CFR 300.62.
Customary trade means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, the non-commercial exchange of subsistence halibut for anything other than items of significant value.
Fishing means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of setline gear anywhere in the maritime area.
Guideline harvest level (GHL) means a level of allowable halibut harvest by the charter vessel fishery.
Halibut harvest means the catching and retaining of any halibut.
Individual Fishing Quota (IFQ), for purposes of this subpart, means the annual catch limit of halibut that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of halibut.
IFQ fishing trip, for purposes of the subpart, means the period beginning when a vessel operator commences harvesting IFQ halibut and ending when the vessel operator lands any species.
IFQ halibut means any halibut that is harvested with setline or other hook and line gear while commercial fishing in any IFQ regulatory area defined at §679.2 of this title.
Overall length of a vessel means the horizontal distance, rounded to the nearest ft/meter, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments).
Person includes an individual, corporation, firm, or association.
Rural means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a community or area of Alaska in which the non-commercial, customary and traditional use of fish and game for personal or family consumption is a principal characteristic of the economy or area and in which there is a long-term, customary and traditional use of halibut, and that is listed in §300.65(f)(1).
Rural resident means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a person domiciled in a rural community listed in the table in §300.65(f)(1) of this part and who has maintained a domicile in a rural community listed in the table in §300.65(f)(1) for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country.
Setline gear means one or more stationary, buoyed, and anchored lines with hooks attached.
Sport fishing means:
(1) In regulatory area 2A, all fishing other than commercial fishing and treaty Indian ceremonial and subsistence fishing; and
(2) In waters in and off Alaska, all fishing other than commercial fishing and subsistence fishing.
Subarea 2A–1 includes all U.S. waters off the coast of Washington that are north of 46°53'18" N. lat. and east of 125°44'00" W. long., and all inland marine waters of Washington.
Subsistence means, with respect to waters in and off Alaska, the non-commercial, long-term, customary and traditional use of halibut.
Subsistence halibut means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade.
Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish, and Tulalip tribes.
[61 FR 35550, July 5, 1996, as amended at 64 FR 52469, Sept. 29, 1999; 68 FR 18156, Apr. 15, 2003; 68 FR 47264, Aug. 8, 2003]
§ 300.62 Annual management measures.
top
Annual management measures may be added and modified through adoption by the Commission and publication in the Federal Register by the Assistant Administrator, with immediate regulatory effect. Such measures may include, inter alia, provisions governing: Licensing of vessels, inseason actions, regulatory areas, fishing periods, closed periods, closed areas, catch limits (quotas), fishing period limits, size limits, careful release of halibut, vessel clearances, logs, receipt and possession of halibut, fishing gear, retention of tagged halibut, supervision of unloading and weighing, and sport fishing for halibut. The Assistant Administrator will publish the Commission's regulations setting forth annual management measures in the Federal Register by March 15 each year. Annual management measures may be adjusted inseason by the Commission.
§ 300.63 Catch sharing plan and domestic management measures in Area 2A.
top
(a) A catch sharing plan (CSP) may be developed by the Pacific Fishery Management Council and approved by NMFS for portions of the fishery. Any approved CSP may be obtained from the Administrator, Northwest Region, NMFS.
(b)(1) Each year, before January 1, NMFS will publish a proposal to govern the recreational fishery under the CSP for the following year and will seek public comment. The comment period will extend until after the Commission's annual meeting, so the public will have the opportunity to consider the final area 2A total allowable catch (TAC) before submitting comments. After the Commission's annual meeting and review of public comments, NMFS will publish in the Federal Register the final rule governing sport fishing in area 2A. Annual management measures may be adjusted inseason by NMFS.
(2) A portion of the commercial TAC is allocated as incidental catch in the salmon troll fishery in Area 2A. Each year the landing restrictions necessary to keep the fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register along with the annual salmon management measures.
(3) A portion of the Area 2A Washington recreational TAC is allocated as incidental catch in the primary directed longline sablefish fishery north of 46°53.30' N. lat, (Pt. Chehalis, Washington), which is regulated under 50 CFR 660.372. This fishing opportunity is only available in years in which the Area 2A TAC is greater than 900,000 lb (408.2 mt,) provided that a minimum of 10,000 lb (4.5 mt) is available above a Washington recreational TAC of 214,100 lb (97.1 mt). Each year that this harvest is available, the landing restrictions necessary to keep this fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register. These restrictions will be designed to ensure the halibut harvest is incidental to the sablefish harvest and will be based on the amounts of halibut and sablefish available to this fishery, and other pertinent factors. The restrictions may include catch or landing ratios, landing limits, or other means to control the rate of halibut landings.
(i) In years when this incidental harvest of halibut in the directed sablefish fishery north of 46°53.30' N. lat. is allowed, it is allowed only for vessels using longline gear that are registered to groundfish limited entry permits with sablefish endorsements and that possess the appropriate incidental halibut harvest license issued by the Commission.
(ii) It is unlawful for any person to possess, land or purchase halibut south of 46°53.30' N. lat. that were taken and retained as incidental catch authorized by this section in the directed longline sablefish fishery.
(4) The commercial longline fishery in area 2A is governed by the annual management measures published pursuant to §§300.62 and 300.63.
(5) The treaty Indian fishery is governed by §300.64 and tribal regulations. The annual quota for the fishery will be announced with the Commission regulations under §300.62
(c) Flexible Inseason Management Provisions for Sport Halibut Fisheries in Area 2A.
(1) The Regional Administrator, NMFS Northwest Region, after consultation with the Chairman of the Pacific Fishery Management Council, the Commission Executive Director, and the Fisheries Director(s) of the affected state(s), or their designees, is authorized to modify regulations during the season after making the following determinations:
(i) The action is necessary to allow allocation objectives to be met.
(ii) The action will not result in exceeding the catch limit for the area.
(iii) If any of the sport fishery subareas north of Cape Falcon, Oregon are not projected to utilize their respective quotas by September 30, NMFS may take inseason action to transfer any projected unused quota to another Washington sport subarea.
(iv) If any of the sport fishery subareas south of Leadbetter Point, Washington, are not projected to utilize their respective quotas by their season ending dates, NMFS may take inseason action to transfer any projected unused quota to another Oregon sport subarea.
(2) Flexible inseason management provisions include, but are not limited to, the following:
(i) Modification of sport fishing periods;
(ii) Modification of sport fishing bag limits;
(iii) Modification of sport fishing size limits;
(iv) Modification of sport fishing days per calendar week; and
(v) Modification of subarea quotas north of Cape Falcon, Oregon.
(3) Notice procedures. (i) Actions taken under this section will be published in the Federal Register.
(ii) Actual notice of inseason management actions will be provided by a telephone hotline administered by the Northwest Region, NMFS, at 206–526–6667 or 800–662–9825 (May through October) and by U.S. Coast Guard broadcasts. These broadcasts are announced on Channel 16 VHF–FM and 2182 kHz at frequent intervals. The announcements designate the channel or frequency over which the notice to mariners will be immediately broadcast. Since provisions of these regulations may be altered by inseason actions, sport fishers should monitor either the telephone hotline or U.S. Coast Guard broadcasts for current information for the area in which they are fishing.
(4) Effective dates. (i) Any action issued under this section is effective on the date specified in the publication or at the time that the action is filed for public inspection with the Office of the Federal Register, whichever is later.
(ii) If time allows, NMFS will invite public comment prior to the effective date of any inseason action filed with the Federal Register. If the Regional Administrator determines, for good cause, that an inseason action must be filed without affording a prior opportunity for public comment, public comments will be received for a period of 15 days after publication of the action in the Federal Register.
(iii) Any inseason action issued under this section will remain in effect until the stated expiration date or until rescinded, modified, or superseded. However, no inseason action has any effect beyond the end of the calendar year in which it is issued.
(5) Availability of data. The Regional Administrator will compile, in aggregate form, all data and other information relevant to the action being taken and will make them available for public review during normal office hours at the Northwest Regional Office, NMFS, Sustainable Fisheries Division, 7600 Sand Point Way NE, Seattle, Washington.
(d) Fishery Election in Area 2A. (1) A vessel that fishes in Area 2A may participate in only one of the following three fisheries in Area 2A:
(i) The sport fishery under Section 24 of the annual domestic management measures and IPHC regulations;
(ii) The commercial directed fishery for halibut during the fishing period(s) established in section 8 of the annual domestic management measures and IPHC regulations and/or the incidental retention of halibut during the primary sablefish fishery described at 50 CFR 660.372; or
(iii) The incidental catch fishery during the salmon troll fishery as authorized in section 8 of the annual domestic management measures and IPHC regulations.
(2) No person shall fish for halibut in the sport fishery in Area 2A under section 24 of the annual domestic management measures and IPHC regulations from a vessel that has been used during the same calendar year for commercial halibut fishing in Area 2A or that has been issued a permit for the same calendar year for the commercial halibut fishery in Area 2A.
(3) No person shall fish for halibut in the directed commercial halibut fishery during the fishing periods established in section 8 of the annual domestic management measures and IPHC regulations and/or retain halibut incidentally taken in the primary sablefish fishery in Area 2A from a vessel that has been used during the same calendar year for the incidental catch fishery during the salmon troll fishery as authorized in Section 8 of the annual domestic management measures and IPHC regulations.
(4) No person shall fish for halibut in the directed commercial halibut fishery and/or retain halibut incidentally taken in the primary sablefish fishery in Area 2A from a vessel that, during the same calendar year, has been used in the sport halibut fishery in Area 2A or that is licensed for the sport charter halibut fishery in Area 2A.
(5) No person shall retain halibut in the salmon troll fishery in Area 2A as authorized under section 8 of the annual domestic management measures and IPHC regulations taken on a vessel that, during the same calendar year, has been used in the sport halibut fishery in Area 2A, or that is licensed for the sport charter halibut fishery in Area 2A.
(6) No person shall retain halibut in the salmon troll fishery in Area 2A as authorized under section 8 of the annual domestic management measures and IPHC regulations taken on a vessel that, during the same calendar year, has been used in the directed commercial halibut fishery during the fishing periods established in Section 8 of the annual domestic management measures and IPHC regulations and/or retained halibut incidentally taken in the primary sablefish fishery for Area 2A or that is licensed to participate in these commercial fisheries during the fishing periods established in Section 8 of the annual domestic management measures and IPHC regulations in Area 2A.
(e) Area 2A Non-Treaty Commercial Fishery Closed Areas. Non-treaty commercial vessels operating in the directed commercial fishery for halibut in Area 2A are required to fish outside of a closed area, known as the Rockfish Conservation Area (RCA), that extends along the coast from the U.S./Canada border south to 40°10' N. lat. Between the U.S./Canada border and 46°16' N. lat., the eastern boundary of the RCA is the shoreline. Between 46°16' N. lat. and 40°10' N. lat., the RCA is defined along an eastern boundary approximating the 30-fm (55-m) depth contour. Coordinates for the 30-fm (55-m) boundary are listed at §300.63 (f). Between the U.S./Canada border and 40°10' N. lat., the RCA is defined along a western boundary approximating the 100-fm (183-m) depth contour. Coordinates for the 100-fm (183-m) boundary are listed at §300.63 (g).
(f) The 30-fm (55-m) depth contour between 46°16' N. lat. and 40°10' N. lat. is defined by straight lines connecting all of the following points in the order stated:
(1) 46°16.00' N. lat., 124°13.05' W. long.;
(2) 46°07.00' N. lat., 124°07.01' W. long.;
(3) 45°55.95' N. lat., 124°02.23' W. long.;
(4) 45°54.53' N. lat., 124°02.57' W. long.;
(5) 45°50.65' N. lat., 124°01.62' W. long.;
(6) 45°48.20' N. lat., 124°02.16' W. long.;
(7) 45°46.00' N. lat., 124°01.86' W. long.;
(8) 45°43.47' N. lat., 124°01.28' W. long.;
(9) 45°40.48' N. lat., 124°01.03' W. long.;
(10) 45°39.04' N. lat., 124°01.68' W. long.;
(11) 45°35.48' N. lat., 124°01.89' W. long.;
(12) 45°29.81' N. lat., 124°02.45' W. long.;
(13) 45°27.96' N. lat., 124°01.89' W. long.;
(14) 45°27.22' N. lat., 124°02.67' W. long.;
(15) 45°24.20' N. lat., 124°02.94' W. long.;
(16) 45°20.60' N. lat., 124°01.74' W. long.;
(17) 45°20.25' N. lat., 124°01.85' W. long.;
(18) 45°16.44' N. lat., 124°03.22' W. long.;
(19) 45°13.63' N. lat., 124°02.70' W. long.;
(20) 45°11.04' N. lat., 124°03.59' W. long.;
(21) 45°08.55' N. lat., 124°03.47' W. long.;
(22) 45°02.82' N. lat., 124°04.64' W. long.;
(23) 45°03.38' N. lat., 124°04.79' W. long.;
(24) 44°58.06' N. lat., 124°05.03' W. long.;
(25) 44°53.97' N. lat., 124°06.92' W. long.;
(26) 44°48.89' N. lat., 124°07.04' W. long.;
(27) 44°46.94' N. lat., 124°08.25' W. long.;
(28) 44°42.72' N. lat., 124°08.98' W. long.;
(29) 44°38.16' N. lat., 124°11.48' W. long.;
(30) 44°33.38' N. lat., 124°11.54' W. long.;
(31) 44°28.51' N. lat., 124°12.03' W. long.;
(32) 44°27.65' N. lat., 124°12.56' W. long.;
(33) 44°19.67' N. lat., 124°12.37' W. long.;
(34) 44°10.79' N. lat., 124°12.22' W. long.;
(35) 44°09.22' N. lat., 124°12.28' W. long.;
(36) 44°08.30' N. lat., 124°12.30' W. long.;
(37) 44°00.22' N. lat., 124°12.80' W. long.;
(38) 43°51.56' N. lat., 124°13.17' W. long.;
(39) 43°44.26' N. lat., 124°14.50' W. long.;
(40) 43°33.82' N. lat., 124°16.28' W. long.;
(41) 43°28.66' N. lat., 124°18.72' W. long.;
(42) 43°23.12' N. lat., 124°24.04' W. long.;
(43) 43°20.83' N. lat., 124°25.67' W. long.;
(44) 43°20.49' N. lat., 124°25.90' W. long.;
(45) 43°16.41' N. lat., 124°27.52' W. long.;
(46) 43°14.23' N. lat., 124°29.28' W. long.;
(47) 43°14.03' N. lat., 124°28.31' W. long.;
(48) 43°11.92' N. lat., 124°28.26' W. long.;
(49) 43°11.02' N. lat., 124°29.11' W. long.;
(50) 43°10.13' N. lat., 124°29.15' W. long.;
(51) 43°09.27' N. lat., 124°31.03' W. long.;
(52) 43°07.73' N. lat., 124°30.92' W. long.;
(53) 43°05.93' N. lat., 124°29.64' W. long.;
(54) 43°01.59' N. lat., 124°30.64' W. long.;
(55) 42°59.73' N. lat., 124°31.16' W. long.;
(56) 42°53.75' N. lat., 124°36.09' W. long.;
(57) 42°50.00' N. lat., 124°38.39' W. long.;
(58) 42°49.37' N. lat., 124°38.81' W. long.;
(59) 42°46.42' N. lat., 124°37.69' W. long.;
(60) 42°46.07' N. lat., 124°38.56' W. long.;
(61) 42°45.29' N. lat., 124°37.95' W. long.;
(62) 42°45.61' N. lat., 124°36.87' W. long.;
(63) 42°44.28' N. lat., 124°33.64' W. long.;
(64) 42°42.75' N. lat., 124°31.84' W. long.;
(65) 42°40.50' N. lat., 124°29.67' W. long.;
(66) 42°40.04' N. lat., 124°29.19' W. long.;
(67) 42°38.09' N. lat., 124°28.39' W. long.;
(68) 42°36.72' N. lat., 124°27.54' W. long.;
(69) 42°36.56' N. lat., 124°28.40' W. long.;
(70) 42°35.76' N. lat., 124°28.79' W. long.;
(71) 42°34.03' N. lat., 124°29.98' W. long.;
(72) 42°34.19' N. lat., 124°30.58' W. long.;
(73) 42°31.27' N. lat., 124°32.24' W. long.;
(74) 42°27.07' N. lat., 124°32.53' W. long.;
(75) 42°24.21' N. lat., 124°31.23' W. long.;
(76) 42°20.47' N. lat., 124°28.87' W. long.;
(77) 42°14.60' N. lat., 124°26.80' W. long.;
(78) 42°13.67' N. lat., 124°26.25' W. long.;
(79) 42°10.90' N. lat., 124°24.57' W. long.;
(80) 42°07.04' N. lat., 124°23.35' W. long.;
(81) 42°02.16' N. lat., 124°22.59' W. long.;
(82) 42°00.00' N. lat., 124°21.81' W. long.;
(83) 41°55.75' N. lat., 124°20.72' W. long.;
(84) 41°50.93' N. lat., 124°23.76' W. long.;
(85) 41°42.53' N. lat., 124°16.47' W. long.;
(86) 41°37.20' N. lat., 124°17.05' W. long.;
(87) 41°24.58' N. lat., 124°10.51' W. long.;
(88) 41°20.73' N. lat., 124°11.73' W. long.;
(89) 41°17.59' N. lat., 124°10.66' W. long.;
(90) 41°04.54' N. lat., 124°14.47' W. long.;
(91) 40°54.26' N. lat., 124°13.90' W. long.;
(92) 40°40.31' N. lat., 124°26.24' W. long.;
(93) 40°34.00' N. lat., 124°27.39' W. long.;
(94) 40°30.00' N. lat., 124°31.32' W. long.;
(95) 40°28.89' N. lat., 124°32.43' W. long.;
(96) 40°24.77' N. lat., 124°29.51' W. long.;
(97) 40°22.47' N. lat., 124°24.12' W. long.;
(98) 40°19.73' N. lat., 124°23.59' W. long.;
(99) 40°18.64' N. lat., 124°21.89' W. long.;
(100) 40°17.67' N. lat., 124°23.07' W. long.;
(101) 40°15.58' N. lat., 124°23.61' W. long.;
(102) 40°13.42' N. lat., 124°22.94' W. long.; and
(103) 40°10.00' N. lat., 124°16.65' W. long.
(g) The 100-fm (183-m) depth contour between the U.S./Canada border and 40°10' N. lat. is defined by straight lines connecting all of the following points in the order stated:
(1) 48°15.00' N. lat., 125°41.00' W. long.;
(2) 48°14.00' N. lat., 125°36.00' W. long.;
(3) 48°09.50' N. lat., 125°40.50' W. long.;
(4) 48°08.00' N. lat., 125°38.00' W. long.;
(5) 48°05.00' N. lat., 125°37.25' W. long.;
(6) 48°02.60' N. lat., 125°34.70' W. long.;
(7) 47°59.00' N. lat., 125°34.00' W. long.;
(8) 47°57.26' N. lat., 125°29.82' W. long.;
(9) 47°59.87' N. lat., 125°25.81' W. long.;
(10) 48°01.80' N. lat., 125°24.53' W. long.;
(11) 48°02.08' N. lat., 125°22.98' W. long.;
(12) 48°02.97' N. lat., 125°22.89' W. long.;
(13) 48°04.47' N. lat., 125°21.75' W. long.;
(14) 48°06.11' N. lat., 125°19.33' W. long.;
(15) 48°07.95' N. lat., 125°18.55' W. long.;
(16) 48°09.00' N. lat., 125°18.00' W. long.;
(17) 48°11.31' N. lat., 125°17.55' W. long.;
(18) 48°14.60' N. lat., 125°13.46' W. long.;
(19) 48°16.67' N. lat., 125°14.34' W. long.;
(20) 48°18.73' N. lat., 125°14.41' W. long.;
(21) 48°19.67' N. lat., 125°13.70' W. long.;
(22) 48°19.70' N. lat., 125°11.13' W. long.;
(23) 48°22.95' N. lat., 125°10.79' W. long.;
(24) 48°21.61' N. lat., 125°02.54' W. long.;
(25) 48°23.00' N. lat., 124°49.34' W. long.;
(26) 48°17.00' N. lat., 124°56.50' W. long.;
(27) 48°06.00' N. lat., 125°00.00' W. long.;
(28) 48°04.62' N. lat., 125°01.73' W. long.;
(29) 48°04.84' N. lat., 125°04.03' W. long.;
(30) 48°06.41' N. lat., 125°06.51' W. long.;
(31) 48°06.00' N. lat., 125°08.00' W. long.;
(32) 48°07.08' N. lat., 125°09.34' W. long.;
(33) 48°07.28' N. lat., 125°11.14' W. long.;
(34) 48°03.45' N. lat., 125°16.66' W. long.;
(35) 47°59.50' N. lat., 125°18.88' W. long.;
(36) 47°58.68' N. lat., 125°16.19' W. long.;
(37) 47°56.62' N. lat., 125°13.50' W. long.;
(38) 47°53.71' N. lat., 125°11.96' W. long.;
(39) 47°51.70' N. lat., 125°09.38' W. long.;
(40) 47°49.95' N. lat., 125°06.07' W. long.;
(41) 47°49.00' N. lat., 125°03.00' W. long.;
(42) 47°46.95' N. lat., 125°04.00' W. long.;
(43) 47°46.58' N. lat., 125°03.15' W. long.;
(44) 47°44.07' N. lat., 125°04.28' W. long.;
(45) 47°43.32' N. lat., 125°04.41' W. long.;
(46) 47°40.95' N. lat., 125°04.14' W. long.;
(47) 47°39.58' N. lat., 125°04.97' W. long.;
(48) 47°36.23' N. lat., 125°02.77' W. long.;
(49) 47°34.28' N. lat., 124°58.66' W. long.;
(50) 47°32.17' N. lat., 124°57.77' W. long.;
(51) 47°30.27' N. lat., 124°56.16' W. long.;
(52) 47°30.60' N. lat., 124°54.80' W. long.;
(53) 47°29.26' N. lat., 124°52.21' W. long.;
(54) 47°28.21' N. lat., 124°50.65' W. long.;
(55) 47°27.38' N. lat., 124°49.34' W. long.;
(56) 47°25.61' N. lat., 124°48.26' W. long.;
(57) 47°23.54' N. lat., 124°46.42' W. long.;
(58) 47°20.64' N. lat., 124°45.91' W. long.;
(59) 47°17.99' N. lat., 124°45.59' W. long.;
(60) 47°18.20' N. lat., 124°49.12' W. long.;
(61) 47°15.01' N. lat., 124°51.09' W. long.;
(62) 47°12.61' N. lat., 124°54.89' W. long.;
(63) 47°08.22' N. lat., 124°56.53' W. long.;
(64) 47°08.50' N. lat., 124°57.74' W. long.;
(65) 47°01.92' N. lat., 124°54.95' W. long.;
(66) 47°01.14' N. lat., 124°59.35' W. long.;
(67) 46°58.48' N. lat., 124°57.81' W. long.;
(68) 46°56.79' N. lat., 124°56.03' W. long.;
(69) 46°58.01' N. lat., 124°55.09' W. long.;
(70) 46°55.07' N. lat., 124°54.14' W. long.;
(71) 46°59.60' N. lat., 124°49.79' W. long.;
(72) 46°58.72' N. lat., 124°48.78' W. long.;
(73) 46°54.45' N. lat., 124°48.36' W. long.;
(74) 46°53.99' N. lat., 124°49.95' W. long.;
(75) 46°54.38' N. lat., 124°52.73' W. long.;
(76) 46°52.38' N. lat., 124°52.02' W. long.;
(77) 46°48.93' N. lat., 124°49.17' W. long.;
(78) 46°41.50' N. lat., 124°43.00' W. long.;
(79) 46°34.50' N. lat., 124°28.50' W. long.;
(80) 46°29.00' N. lat., 124°30.00' W. long.;
(81) 46°20.00' N. lat., 124°36.50' W. long.;
(82) 46°18.00' N. lat., 124°38.00' W. long.;
(83) 46°17.52' N. lat., 124°35.35' W. long.;
(84) 46°17.00' N. lat., 124°22.50' W. long.;
(85) 46°16.00' N. lat., 124°20.62' W. long.;
(86) 46°13.52' N. lat., 124°25.49' W. long.;
(87) 46°12.17' N. lat., 124°30.75' W. long.;
(88) 46°10.63' N. lat., 124°37.95' W. long.;
(89) 46°09.29' N. lat., 124°39.01' W. long.;
(90) 46°02.40' N. lat., 124°40.37' W. long.;
(91) 45°56.45' N. lat., 124°38.00' W. long.;
(92) 45°51.92' N. lat., 124°38.49' W. long.;
(93) 45°47.19' N. lat., 124°35.58' W. long.;
(94) 45°46.41' N. lat., 124°32.36' W. long.;
(95) 45°46.00' N. lat., 124°32.10' W. long.;
(96) 45°41.75' N. lat., 124°28.12' W. long.;
(97) 45°36.96' N. lat., 124°24.48' W. long.;
(98) 45°31.84' N. lat., 124°22.04' W. long.;
(99) 45°27.10' N. lat., 124°21.74' W. long.;
(100) 45°20.25' N. lat., 124°18.54' W. long.;
(101) 45°18.14' N. lat., 124°17.59' W. long.;
(102) 45°11.08' N. lat., 124°16.97' W. long.;
(103) 45°04.38' N. lat., 124°18.36' W. long.;
(104) 45°03.83' N. lat., 124°18.60' W. long.;
(105) 44°58.05' N. lat., 124°21.58' W. long.;
(106) 44°47.67' N. lat., 124°31.41' W. long.;
(107) 44°44.55' N. lat., 124°33.58' W. long.;
(108) 44°39.88' N. lat., 124°35.01' W. long.;
(109) 44°32.90' N. lat., 124°36.81' W. long.;
(110) 44°30.33' N. lat., 124°38.56' W. long.;
(111) 44°30.04' N. lat., 124°42.31' W. long.;
(112) 44°26.84' N. lat., 124°44.91' W. long.;
(113) 44°17.99' N. lat., 124°51.03' W. long.;
(114) 44°13.68' N. lat., 124°56.38' W. long.;
(115) 44°08.30' N. lat., 124°55.99' W. long.;
(116) 43°56.67' N. lat., 124°55.45' W. long.;
(117) 43°56.47' N. lat., 124°34.61' W. long.;
(118) 43°42.73' N. lat., 124°32.41' W. long.;
(119) 43°30.93' N. lat., 124°34.43' W. long.;
(120) 43°20.83' N. lat., 124°39.39' W. long.;
(121) 43°17.45' N. lat., 124°41.16' W. long.;
(122) 43°07.04' N. lat., 124°41.25' W. long.;
(123) 43°03.45' N. lat., 124°44.36' W. long.;
(124) 43°03.90' N. lat., 124°50.81' W. long.;
(125) 42°55.70' N. lat., 124°52.79' W. long.;
(126) 42°54.12' N. lat., 124°47.36' W. long.;
(127) 42°50.00' N. lat., 124°45.33' W. long.;
(128) 42°44.00' N. lat., 124°42.38' W. long.;
(129) 42°40.50' N. lat., 124°41.71' W. long.;
(130) 42°38.23' N. lat., 124°41.25' W. long.;
(131) 42°33.03' N. lat., 124°42.38' W. long.;
(132) 42°31.89' N. lat., 124°42.04' W. long.;
(133) 42°30.09' N. lat., 124°42.67' W. long.;
(134) 42°28.28' N. lat., 124°47.08' W. long.;
(135) 42°25.22' N. lat., 124°43.51' W. long.;
(136) 42°19.23' N. lat., 124°37.92' W. long.;
(137) 42°16.29' N. lat., 124°36.11' W. long.;
(138) 42°13.67' N. lat., 124°35.81' W. long.;
(139) 42°05.66' N. lat., 124°34.92' W. long.;
(140) 42°00.00' N. lat., 124°35.27' W. long.;
(141) 41°47.04' N. lat., 124°27.64' W. long.;
(142) 41°32.92' N. lat., 124°28.79' W. long.;
(143) 41°24.17' N. lat., 124°28.46' W. long.;
(144) 41°10.12' N. lat., 124°20.50' W. long.;
(145) 40°51.41' N. lat., 124°24.38' W. long.;
(146) 40°43.71' N. lat., 124°29.89' W. long.;
(147) 40°40.14' N. lat., 124°30.90' W. long.;
(148) 40°37.35' N. lat., 124°29.05' W. long.;
(149) 40°34.76' N. lat., 124°29.82' W. long.;
(150) 40°36.78' N. lat., 124°37.06' W. long.;
(151) 40°32.44' N. lat., 124°39.58' W. long.;
(152) 40°30.00' N. lat., 124°38.13' W. long.;
(153) 40°24.82' N. lat., 124°35.12' W. long.;
(154) 40°23.30' N. lat., 124°31.60' W. long.;
(155) 40°23.52' N. lat., 124°28.78' W. long.;
(156) 40°22.43' N. lat., 124°25.00' W. long.;
(157) 40°21.72' N. lat., 124°24.94' W. long.;
(158) 40°21.87' N. lat., 124°27.96' W. long.;
(159) 40°21.40' N. lat., 124°28.74' W. long.;
(160) 40°19.68' N. lat., 124°28.49' W. long.;
(161) 40°17.73' N. lat., 124°25.43' W. long.;
(162) 40°18.37' N. lat., 124°23.35' W. long.;
(163) 40°15.75' N. lat., 124°26.05' W. long.;
(164) 40°16.75' N. lat., 124°33.71' W. long.;
(165) 40°16.29' N. lat., 124°34.36' W. long.; and
(166) 40°10.00' N. lat., 124°21.12' W. long.
[61 FR 35550, July 5, 1996, as amended at 63 FR 13009, Mar. 17, 1998; 63 FR 24752, May 5, 1998; 64 FR 52469, Sept. 29, 1999; 65 FR 67308, Nov. 9, 2000; 65 FR 8373, Jan. 31, 2001; 66 FR 36208, July 11, 2001; 66 FR 42156, Aug. 10, 2001; 68 FR 11003, Mar. 7, 2003; 68 FR 18156, Apr. 15, 2003; 69 FR 24532, May 4, 2004; 70 FR 16751, Apr. 1, 2005; 71 FR 10863, Mar. 3, 2006]
§ 300.64 Fishing by U.S. treaty Indian tribes.
top
(a) Halibut fishing in subarea 2A–1 by members of U.S. treaty Indian tribes located in the State of Washington is governed by this section.
(b) Commercial fishing for halibut by treaty Indians is permitted only in subarea 2A–1 with hook-and-line gear in conformance with the season and quota established annually by the Commission.
(c) Commercial fishing periods and management measures to implement paragraph (b) of this section will be established by treaty Indian tribal regulations.
(d) Commercial fishing for halibut by treaty Indians shall comply with the Commission's management measures governing size limits, careful release of halibut, logs, and fishing gear (published pursuant to §300.62), except that the 72-hour fishing restriction preceding the opening of a halibut fishing period shall not apply to treaty Indian fishing.
(e) Ceremonial and subsistence fishing for halibut by treaty Indians in subarea 2A–1 is permitted with hook-and-line gear from January 1 to December 31.
(f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day.
(g) Halibut taken for ceremonial and subsistence purposes shall not be offered for sale or sold.
(h) Any member of a U.S. treaty Indian tribe who is engaged in commercial or ceremonial and subsistence fishing under this section must have on his or her person a valid treaty Indian identification card issued pursuant to 25 CFR part 249, subpart A, and must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington 384 F. Supp. 312 (W.D. Wash., 1974).
(i) The following table sets forth the fishing areas of each of the 12 treaty Indian tribes fishing pursuant to this section. Within subarea 2A–1, boundaries of a tribe's fishing area may be revised as ordered by a Federal Court. (continued)