Sec.

PART 301-PACIFIC HALIBUT FISHERIES

301.1 Regulatory areas.

301.2 Length of halibut fishing seasons. 301.3 Closed seasons.

301.4 Catch limits in Areas 2, 3A and 3B. 301.5 Size limits.

301.6 Licensing of vessels.

301.7 Statistical return by vessels. 301.8 Statistical return by dealers. 301.9 Dory gear prohibited.

301.10 Retention of halibut taken by nets. 301.11 Retention of tagged halibut. 301.12 Responsibility of master. 301.13 Supervision of unloading and weighing.

301.14 Sealing of fishing equipment. 301.15 Previous regulations superseded.

AUTHORITY: Art. III, 5 U.S.T. 5; TIAS

2900.

SOURCE: 31 FR 14256, Nov. 4, 1966, unless otherwise noted.

§ 301.1 Regulatory areas.

(a) The "convention waters" which include the territorial waters and the high seas off the western coasts of Canada and the United States of America including the southern and the western coasts of Alaska shall be divided into the following areas, all directions given being magnetic unless otherwise stated.

(b) Area 1 (south of Willapa Bay) shall include all convention waters southeast of a line running northeast and southwest through Willapa Bay Light on Cape Shoalwater, as shown on Chart 6185, published in November 1964 (42d Edition) by the U.S. Coast and Geodetic Survey, which light is approximately latitude 46°44′03′′ N., longitude 124°04'38" W.

(c) Area 2 (Willapa Bay to Cape Spencer) shall include all convention waters off the coast of the United States of American and of Alaska and of Canada between Area 1 and a line running through the most westerly point of Glacier Bay, Alaska, to Cape Spencer Light as shown on Chart 8304, published in September 1964

(9th Edition) by the U.S. Coast and Geodetic Survey, which light is approximately latitude 58°11′57′′ N., longitude 136°38′18′′ W.; thence south one-quarter east.

(d) Area 3A (Cape Spencer to Shumagin Islands) shall include all the convention waters off the coast of Alaska that are between Area 2 and a straight line running southeast onehalf east from the highest point on Kupreanof Point, which highest point is approximately latitude 55°34′08′′ N., longitude 159°36′00′′ W.; the highest point on Kupreanof Point shall be determined from Chart 8859 as published March 1964 (4th Edition) by the U.S. Coast and Geodetic Survey.

(e) Area 3B (Shumagin Islands to Atka Island, not including Bering Sea) shall include all convention waters off the coast of Alaska that are between Area 3A and the meridian of 175° W. and that are south of straight lines running from Cape Kabuch Light at the head of Ikatan Bay, which light is approximately latitude 54°49′00′′ N., longitude 163°21′36′′ W.; thence to Cape Sarichef Light at the western end of Unimak Island, which light is approximately latitude 54°36′00′′ N., longitude 164°55′42′′ W.; thence to the head of Pumicestone Bay on Unalaska Island at a point approximately latitude 53°31′45′′ N., longitude 166°58′15′′ W.; thence to Ananiuliak Island Light on the southwest side of Umnak Island, which light is approximately latitude 52°59'48" N., longitude 168°55'06" W.; thence to Seguam Island Light, which light is approximately latitude 52°23′16′′ N., longitude 172°26'15" W.; thence to the point at intersection with the meridian of 175° W. on Atka Island at a point approximately latitude 52°04′08′′ N. The positions of Cape Kabuch Light and Cape Sarichef Light were determined from Chart 8860 published in October 1964 (14th Edition); the positions of the head of Pumicestone Bay and Ananiuliak Island Light were determined from Chart 8861, published in March

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1965 (2d Edition); the positions of Seguam Island Light and the point on Atka Island were determined from Chart 8862, published in September 1963 (4th Edition), all charts as published by the U.S. Coast and Geodetic 0 Survey.

(f) Area 3C (west of Atka Island, not including Bering Sea) shall include all convention waters off the coast of Alaska that are between Area 3B and a straight line running west northwest from Cape Wrangell, the westernmost extremity of Attu Island at a point approximately latitude 52°55′20′′ N., longitude 172°26′50′′ E., and that are south of straight lines running from a point on Atka Island at approximately latitude 52°04'08" longitude

N.,

175°00'00" W.; thence to Cape Amagalik on Tanaga Island, which cape is approximately latitude 51°40′40′′ N.; longitude 178°07′00′′ W., thence to Aleut Point at the northwest end of Amchitka Island, which point is approximately latitude 51°38′20′′ N., longitude 178°37′20′′ E.; thence to Cape Wrangell. The position of Cape Amagalik was determined from Chart 8863, published in May 1959 (6th Edition), revised September 1963; the position of Aleut Point was determined from Chart 8864, published in June 1962 (6th Edition), revised March 1965; and the position of Cape Wrangell was determined from Chart 8865, published July 1963 (4th Edition), all charts as published by the U.S. Coast and Geodetic Survey.

longitude

(g) Area 4A (the edge between Unimak Pass and the Pribilof Islands in Bering Sea) shall include all the convention waters within the following boundary: From Cape Sarichef Light at the western end of Unimak Island, which light is approximately latitude 54°36'00" N., 164°55'42" W.; thence in a straight line to a point at latitude 54°00′00′′ N., longitude 170°00′00′′ W.; thence true north to a point northeast of St. Paul Island, approximately latitude 57°15′00′′ N., longitude 170°00′00′′ W.; thence to the point of origin at Cape Sarichef Light.

(h) Area 4B (Fox Islands in Bering Sea) shall include all the convention waters within the following boundary: From Cape Sarichef Light at the west

ern end of Unimak Island, which light is approximately latitude 54°36′00′′ N., longitude 164°55′42′′ W., westerly along the boundary line of Area 3B, as described in paragraph (e) of this section, to the point of intersection with the meridian of 170° W. at a point approximately latitude 52°48′00′′ N.; thence true north to a point at latitude 54°00'00" N., longitude 170°00′00′′ W.; thence to the point of origin at Cape Sarichef Light.

(i) Area 4C (south of a line between Cape Sarichef and Cape Navarin between 170° W. and 175° W. in Bering Sea) shall include all the convention waters between the meridians of 170° W. and 175° W. that are north of the boundary of Area 3B as defined in paragraph (e) of this section, and that are south of a straight line between a point at latitude 57°15'00" N., longitude 170°00'00" W. and a point at latitude 59°42'00" N. longitude 175°00'00" W.

(j) Area 4D (west of 175° W. and the northeastern flats in Bering Sea) shall include all the convention waters which are not included in Areas 1, 2, 3A, 3B, 3C, 4A, 4B, 4C, and 4E.

(k) Area 4E (southeastern flats in Bering Sea) shall include all the convention waters within the following boundary: From Cape Sarichef Light at the western end of Unimak Island, which light is approximately latitude 54°36′00′′ N., longitude 164°55′42′′ W.; thence to a point northeast of St. Paul Island, approximately latitude 57°15'00" N., longitude 170°00'00" W.; thence to Cape Newenham, which cape is approximately latitude 58°39′00′′ N., longitude 162°10′25′′ W.; thence easterly and southerly along the Alaska coastline to Cape Kabuch Light at the head of Ikatan Bay, which light is approximately latitude 54°49′00′′ N., longitude 163°21′36′′ W.; thence to the point of origin at Cape Sarichef Light. The position of Cape Newenham was determined from Chart 9103 as published in September 1958 (3d Edition), revised April 1962 by the U.S. Coast and Geodetic Survey.

§ 301.2 Length of halibut fishing seasons.

(a) In Area 1, the halibut fishing season shall commence and terminate

at the same time as the halibut fishing season in Area 2 shall commence and terminate.

(b) In Area 2, the halibut fishing season shall commence at 1800 hours of the 9th day of May and terminate at 1800 hours on a date to be determined and announced under paragraph (b) of § 301.4, or at 1800 hours of the 15th day of October, whichever is earlier.

(c) In Area 3A, the halibut fishing season shall commence at 1800 hours of the 9th day of May and terminate at 1800 hours on a date to be determined and announced under paragraph (b) of § 301.4, or at 1800 hours of the 15th day of October, whichever is earlier.

(d) In Area 3B, there shall be two halibut fishing seasons: the first season shall commence at 1800 hours of the 18th day of April and terminate at 1800 hours of the 28th day of April; the second season shall commence on the 9th day of May and terminate at 1800 hours on a date to be determined and announced under paragraph (b) of § 301.4, or at 1800 hours of the 15th day of November, whichever is earlier.

(e) In Area 3C, the halibut fishing season shall commence at 1500 hours of the 25th day of March and terminate at 1800 hours of the 15th day of November.

(f) In Area 4A, the halibut fishing season shall commence at 1500 hours of the 6th day of April and terminate at 1800 hours of the 15th day of April. (g) In Area 4B, the halibut fishing season shall commence at 1500 hours of the 1st day of September and terminate at 1800 hours of the 10th day of September.

(h) In Area 4C, the halibut fishing season shall commence at 1500 hours of the 25th day of March and terminate at 1800 hours of the 20th day of June.

(i) In Area 4D, the halibut fishing season shall commence at 1500 hours of the 25th day of March and terminate at 1800 hours of the 15th day of November.

(j) In Area 4E, the halibut fishing season shall commence at 1500 hours of the 25th day of March and terminate at 1800 hours of the 20th day of June.

(k) All hours of opening and closing of areas in this section and other sections of the regulations in this part shall be Pacific standard time, except in Areas 3C, 4A, 4B, 4C, 4D and 4E, where they shall be local standard time.

§ 301.3 Closed seasons.

(a) Under paragraph 1 of Article I of the Convention, all convention waters shall be closed to halibut fishing except as provided in § 301.2.

(b) All convention waters, if not already closed under other provisions of the regulations in this part, shall be closed to halibut fishing at 1800 hours of the 15th day of November and shall remain closed until reopened as provided in § 301.2 and the retention and landing of any halibut caught during this closed period shall be prohibited.

(c) Nothing contained in the regulations in this part shall prohibit the fishing for species of fish other than halibut during the closed halibut seasons, provided that it shall be unlawful for a vessel to have halibut aboard, or for any person to have halibut in his possession while so engaged. Nor shall anything in the regulations in this part prohibit the International Pacific Halibut Commission, hereafter in the regulations in this part referred to as "the Commission," from conducting or authorizing fishing operations for investigation purposes as provided for in paragraph 3 of Article I of the Convention.

§ 301.4 Catch limits in Areas 2, 3A and 3B.

(a) The quantities of halibut to be taken during the halibut fishing seasons in areas with catch limits shall be limited to 23 million pounds in Area 2, to 33 million pounds in Area 3A, and to 3,500,000 pounds in Area 3B, each of the above quantities to consist of salable halibut and the weights in each limit to be computed as with heads off and entrails removed.

(b) The Commission shall as early in the said year as is practicable determine and announce the date on which it deems each limit of catch defined in paragraph (a) of this section will be attained, and the limit of each such catch shall then be that which shall be taken prior to said date, and fishing

for halibut in the area to which each limit applies shall at that date be prohibited until each area is reopened to halibut fishing as provided in § 301.2, and provided that if it shall at any time become evident to the Commission that the limit will not be reached by such date, it may substitute another date.

(c) Catch limits shall apply only to the halibut fishing seasons in Area 2, Area 3A, and Area 3B.

§301.5 Size limits.

The catch of halibut to be taken from all areas shall be limited to halibut which with head on are 26 inches or more in length as measured from the tip of the lower jaw to the extreme end of the middle of the tail or to halibut which with the head off and entrails removed are 5 pounds or more in weight, and the possession of any halibut of less than the above length, or the above weight, according to whether the head is on or off by any vessel or by any master or operator of any vessel or by any person, firm or corporation, is prohibited.

§301.6 Licensing of vessels.

(a) All vessels of any tonnage which shall fish for halibut in any manner or hold halibut in possession in any area, or which shall transport halibut otherwise than as a common carrier documented by the Government of the United States or of Canada for the carriage of freight, must be licensed cy the Commission, provided that vessels of less than five net tons or vessels which do not use set lines need not be licensed.

(b) Each vessel licensed by the Commission shall carry on board at all times while at sea the halibut license thus secured when it is validated for halibut fishing, and this license shall at all times be subject to inspection by authorized officers of the Governments of Canada or the United States or by representatives of the Commission.

(c) The halibut license shall be issued without fee by the customs officers of the Governments of Canada or the United States or by representatives of the Commission or by fishery officers of the Governments

of

Canada or the United States at places where there are neither customs officers nor representatives of the Commission.

(d) The halibut license of any vessel shall be validated before departure from port for each halibut fishing operation for which statistical return is required and at such times as required by other provisions of the regulations in this part. This validation of a license shall be by customs officers or by fishery officers of the Governments of Canada or the United States when available at places where there are no customs officers and shall not be made unless the area in which the vessel will fish is entered on the license form and unless the provisions of § 301.7 have been complied with for all landings and all fishing operations since issue of the license, Provided, That if the master or operator of any vessel shall fail to comply with the provisions of § 301.7, the halibut license of such vessel may be validated by customs officers or by fishery officers upon evidence either that there has been a judicial determination of the offense or that the laws prescribing penalties therefor have been complied with, or that the said master or operator is no longer responsible for, nor sharing in, the operations of said vessel.

(e) The halibut license of any vessel fishing for halibut in Area 3B when Area 3A is closed to halibut fishing must be validated at Sand Point, Alaska, prior to such fishing, except as provided in paragraph (f) of this section.

(f) Any vessel already fishing in Area 3B prior to the date of closure of Area 3A may continue to fish in said area until first entry at a port or place with a validating officer or until any halibut is unloaded. The vessel must comply with paragraph (g) of this section when it departs from Area 3B.

(g) The halibut license of any vessel departing from Area 3B into Area 3A with any halibut on board when Area 3A is closed to halibut fishing, must be validated at Sand Point, Alaska, subsequent to fishing and prior to such departure.

(h) The halibut license of any vessel fishing for halibut in Areas 3C, 4A, 4B,