50 CFR 300.65 - Catch sharing plan and domestic management measures in waters in and off Alaska.
§ 300.65
Catch sharing plan and domestic management measures in waters in and off Alaska.
(a)
A catch sharing plan (CSP) may be developed by the North Pacific Fishery Management Council and approved by NMFS for portions of the fishery. Any approved CSP may be obtained from the Administrator, Alaska Region, NMFS.
(b)
The catch sharing plan for Commission regulatory area 4 allocates the annual TAC among area 4 subareas and will be implemented by the Commission in annual management measures published pursuant to 50 CFR 300.62.
(c) Guideline harvest level.
(1)
The annual GHLs for Regulatory Areas 2C and 3A are determined as follows:
| If the Annual Total Constant Exploitation Yield for Halibut is More Than: | Then the GHL will be: |
|---|---|
| (i) Regulatory Area 2C | |
| (A) 9,027,000 lb(4,094.6 mt) | 1,432,000 lb(649.5 mt) |
| (B) 7,965,000 lb(3,612.9 mt) | 1,217,000 lb(552.0 mt) |
| (C) 6,903,000 lb(3,131.1 mt) | 1,074,000 lb(487.2 mt) |
| (D) 5,841,000 lb(2,649.4 mt) | 931,000 lb(422.3 mt) |
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| (E) 4,779,000 lb(2,167.7 mt) | 788,000 lb(357.4 mt) |
| (ii) Regulatory Area 3A | |
| (A) 21,581,000 lb(9,789.0 mt) | 3,650,000 lb(1,655.6 mt) |
| (B) 19,042,000 lb(8,637.3 mt) | 3,103,000 lb(1,407.5 mt) |
| (C) 16,504,000 lb(7,486.1 mt) | 2,734,000 lb(1,240.1 mt) |
| (D) 13,964,000 lb(6,334.0 mt) | 2,373,000 lb(1,076.4 mt) |
| (E) 11,425,000 lb(5,182.3 mt) | 2,008,000 lb(910.8 mt) |
(2)
NMFS will publish a notice in the Federal Register on an annual basis announcing the GHL based on the table in paragraph (c)(1) of this section for Area 2C and Area 3A for that calendar year after the IPHC establishes the constant exploitation yield for that year.
(3)
The announced GHLs for Area 2C and 3A are intended to be the benchmarks for charter halibut harvest in those areas for the year in which it is announced pursuant to paragraph (c)(2) of this section. NMFS may take action at any time to limit the charter halibut harvest to as close to the GHL as practicable.
(d) Charter vessels in Area 2C and Area 3A—
(1) General requirements—
For a charter vessel fishing trip during which halibut were caught and retained on or after the first Monday in April and on or before December 31, Alaska Department of Fish and Game (ADF&G) Saltwater Sport Fishing Charter Trip Logbook data sheets must be submitted to the ADF&G and postmarked or received no later than 14 calendar days after the Monday of the fishing week (as defined in 50 CFR 300.61) in which the halibut were caught and retained. Logbook sheets for a charter vessel fishing trip during which halibut were caught and retained on January 1 through the first Sunday in April, must be submitted to the ADF&G and postmarked or received no later than the second Monday in April.
(ii)
The charter vessel guide is responsible for complying with the reporting requirements of this paragraph (d). The employer of the charter vessel guide is responsible for ensuring that the charter vessel guide complies with the reporting requirements of this paragraph (d).
(iii)
If halibut were caught and retained in IPHC Regulatory Area 2C and Area 3A during the same charter vessel fishing trip, then a separate Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip Logbook data sheet must be completed and submitted for each IPHC regulatory area to record the halibut caught and retained within that IPHC regulatory area. The completed logbook sheets for each IPHC regulatory area must indicate the primary statistical area in which the halibut were caught and retained.
(2) Charter vessels in Area 2C—
(i) Daily bag limit.
The number of halibut caught and retained by each charter vessel angler in Area 2C is limited to no more than one halibut per calendar day.
(ii) Charter vessel guide and crew restriction.
A charter vessel guide, a charter vessel operator, and any crew member of a charter vessel must not catch and retain halibut during a charter fishing trip.
(iii) Line limit.
The number of lines used to fish for halibut onboard a vessel must not exceed six or the number of charter vessel anglers, whichever is less.
(iv) Recordkeeping and reporting requirements in Area 2C.
Each charter vessel angler and charter vessel guide onboard a vessel in Area 2C must comply with the following recordkeeping and reporting requirements (see paragraphs (d)(2)(iv)(A) and (B) of this section) by the end of the day or by the end of the charter vessel fishing trip, whichever comes first:
(A) Charter vessel angler signature requirement.
Each charter vessel angler who retains halibut caught in Area 2C must acknowledge that his or her information and the number of halibut retained (kept) are recorded correctly by signing the Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip Logbook data sheet on the line number that corresponds to the angler's information.
(B) Charter vessel guide requirements.
If halibut were caught and retained in Area 2C, the charter vessel guide must record the following information (see paragraphs (d)(2)(iv)(B)(1) through (6) of this section) in the Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip Logbook:
(1) Guide license number. The Alaska Department of Fish and Game sport fishing guide license number held by charter vessel guide who certified the logbook data sheet.
(2) Date. Month and day for each charter vessel fishing trip taken. A separate logbook data sheet is required for each charter vessel fishing trip if two or more trips were taken on the same day. A separate logbook data sheet is required for each calendar day that halibut are caught and retained during a multi-day trip.
(3) Angler sport fishing license number and printed name. Before a charter vessel fishing trip begins, record for each charter vessel angler the Alaska Sport Fishing License number for the current year, resident permanent license number, or disabled veteran license number, and print the name of each paying and nonpaying charter vessel angler onboard that will fish for halibut. Record the name of each angler not required to have an Alaska Sport Fishing License or its equivalent.
(4) Number of halibut retained. For each charter vessel angler, record the number of halibut caught and retained.
(5) Signature. Acknowledge that the recorded information is correct by signing the logbook data sheet.
(6) Angler signature. The charter vessel guide is responsible for ensuring that charter vessel anglers comply with the signature requirements at paragraph (d)(2)(iv)(A) of this section.
(e)
The Local Area Management Plan (LAMP) for Sitka Sound provides guidelines for participation in the halibut fishery in Sitka Sound.
(i)
With respect to paragraph (e)(2) of this section, that part of the Commission regulatory area 2C that is enclosed on the north and east:
(A)
By a line from Kruzof Island at 57°20′30″ N. lat., 135°45′10″ W. long. to Chichagof Island at 57°22′03″ N. lat., 135°43′00″ W. long., and
(B)
By a line from Chichagof Island at 57°22′35″ N. lat., 135°41′18″ W. long. to Baranof Island at 57°22′17″ N. lat., 135°40′57″ W. long.; and
(C)
That is enclosed on the south and west by a line from Cape Edgecumbe at 56°59′54″ N. lat., 135°51′27″ W. long. to Vasilief Rock at 56°48′56″ N. lat., 135°32′30″ W. long., and
(D)
To the green day marker in Dorothy Narrows at 56°49′17″ N. lat., 135°22′45″ W. long. to Baranof Island at 56°49′17″ N. lat., 135°22′36″ W. long.
(ii)
With respect to paragraphs (e)(3), (e)(4), and (e)(5) of this section, that part of the Commission Regulatory Area 2C that is enclosed on the north and east:
(A)
By a line from Kruzof Island at 57°20′30″ N. lat., 135°45′10″ W. long. to Chichagof Island at 57°22′03″ N. lat., 135°43′00″ W. long., and
(B)
A line from Chichagof Island at 57°22′35″ N. lat., 135°41′18″ W. long. to Baranof Island at 57°22′17″ N. lat., 135°40′57″ W. lat.; and
(C)
That is enclosed on the south and west by a line from Sitka Point at 56°59′23″ N. lat., 135°49′34″ W. long., to Hanus Point at 56°51′55″ N. lat., 135°30′30″ W. long.,
(D)
To the green day marker in Dorothy Narrows at 56°49′17″ N. lat., 135°22′45″ W. long. to Baranof Island at 56°49′17″ N. lat., 135°22′36″ W. long.
(2)
A person using a vessel greater than 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as defined in paragraph (e)(1)(i) of this section.
(3)
A person using a vessel less than or equal to 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61 :
(i)
Is prohibited from fishing for IFQ halibut with setline gear within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31; and
(ii)
Is prohibited, during the remainder of the designated IFQ season, from retaining more than 2,000 lb (0.91 mt) of IFQ halibut within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, per IFQ fishing trip, as defined in 50 CFR 300.61.
(4)
No charter vessel shall engage in sport fishing, as defined at § 300.61, for halibut within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31.
(i)
No charter vessel shall retain halibut caught while engaged in sport fishing, as defined at § 300.61, for other species, within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31.
(ii)
Notwithstanding paragraphs (e)(4) and (e)(4)(i) of this section, halibut harvested outside Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, may be retained onboard a charter vessel engaged in sport fishing, as defined in § 300.61, for other species within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31.
(5)
Setline gear may not be used in a 4 nm radius extending south from Low Island at 57°00.70′ N. lat., 135°36.57′ W. long. within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31.
(f)
Sitka Pinnacles Marine Reserve. (1) For purposes of this paragraph (f), the Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm off Cape Edgecumbe, defined by straight lines connecting the following points in a counterclockwise manner:
56°55.5′N lat., 135°54.0′W long;
56°57.0′N lat., 135°54.0′W long;
56°57.0′N lat., 135°57.0′W long;
56°55.5′N lat., 135°57.0′W long.
(2)
No person shall engage in commercial, sport or subsistence fishing, as defined at § 300.61, for halibut within the Sitka Pinnacles Marine Reserve.
(3)
No person shall anchor a vessel within the Sitka Pinnacles Marine Reserve if halibut is on board.
(g) Subsistence fishing in and off Alaska.
No person shall engage in subsistence fishing for halibut unless that person meets the requirements in paragraphs (g)(1), (g)(2), or (g)(3) of this section.
(1)
A person is eligible to harvest subsistence halibut if he or she is a rural resident of a community with customary and traditional uses of halibut listed in the following table:
| Rural Community | Organized Entity |
|---|---|
| Angoon | Municipality |
| Coffman Cove | Municipality |
| Craig | Municipality |
| Edna Bay | Census Designated Place |
| Elfin Cove | Census Designated Place |
| Gustavus | Census Designated Place |
| Haines | Municipality |
| Hollis | Census Designated Place |
| Hoonah | Municipality |
| Hydaburg | Municipality |
| Hyder | Census Designated Place |
| Kake | Municipality |
| Kasaan | Municipality |
| Klawock | Municipality |
| Klukwan | Census Designated Place |
| Metlakatla | Census Designated Place |
| Meyers Chuck | Census Designated Place |
| Naukati | Municipality |
| Pelican | Municipality |
| Petersburg | Municipality |
| Point Baker | Census Designated Place |
| Port Alexander | Municipality |
| Port Protection | Census Designated Place |
| Saxman | Municipality |
| Sitka | Municipality |
| Skagway | Municipality |
| Tenakee Springs | Municipality |
| Thorne Bay | Municipality |
| Whale Pass | Census Designated Place |
| Wrangell | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Akhiok | Municipality |
| Chenega Bay | Census Designated Place |
| Cordova | Municipality |
| Karluk | Census Designated Place |
| Kodiak City | Municipality |
| Larsen Bay | Municipality |
| Nanwalek | Census Designated Place |
| Old Harbor | Municipality |
| Ouzinkie | Municipality |
| Port Graham | Census Designated Place |
| Port Lions | Municipality |
| Seldovia | Municipality |
| Tatitlek | Census Designated Place |
| Yakutat | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Chignik Bay | Municipality |
| Chignik Lagoon | Census Designated Place |
| Chignik Lake | Census Designated Place |
| Cold Bay | Municipality |
| False Pass | Municipality |
| Ivanof Bay | Census Designated Place |
| King Cove | Municipality |
| Nelson Lagoon | Census Designated Place |
| Perryville | Census Designated Place |
| Sand Point | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Akutan | Municipality |
| Nikolski | Census Designated Place |
| Unalaska | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Adak | Census Designated Place |
| Atka | Municipality |
| Rural Community | Organized Entity |
|---|---|
| St. George | Municipality |
| St. Paul | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Gambell | Municipality |
| Savoonga | Municipality |
| Diomede (Inalik) | Municipality |
| Rural Community | Organized Entity |
|---|---|
| Alakanuk | Municipality |
| Aleknegik | Municipality |
| Bethel | Municipality |
| Brevig Mission | Municipality |
| Chefornak | Municipality |
| Chevak | Municipality |
| Clark's Point | Municipality |
| Council | Census Designated Place |
| Dillingham | Municipality |
| Eek | Municipality |
| Egegik | Municipality |
| Elim | Municipality |
| Emmonak | Municipality |
| Golovin | Municipality |
| Goodnews Bay | Municipality |
| Hooper Bay | Municipality |
| King Salmon | Census Designated Place |
| Kipnuk | Census Designated Place |
| Kongiganak | Census Designated Place |
| Kotlik | Municipality |
| Koyuk | Municipality |
| Kwigillingok | Census Designated Place |
| Levelock | Census Designated Place |
| Manokotak | Municipality |
| Mekoryak | Municipality |
| Naknek | Census Designated Place |
| Napakiak | Municipality |
| Napaskiak | Municipality |
| Newtok | Census Designated Place |
| Nightmute | Municipality |
| Nome | Municipality |
| Oscarville | Census Designated Place |
| Pilot Point | Municipality |
| Platinum | Municipality |
| Port Heiden | Municipality |
| Quinhagak | Municipality |
| Scammon Bay | Municipality |
| Shaktoolik | Municipality |
| Sheldon Point (Nunam Iqua) | Municipality |
| Shishmaref | Municipality |
| Solomon | Census Designated Place |
| South Naknek | Census Designated Place |
| St. Michael | Municipality |
| Stebbins | Municipality |
| Teller | Municipality |
| Togiak | Municipality |
| Toksook Bay | Municipality |
| Tuntutuliak | Census Designated Place |
| Tununak | Census Designated Place |
| Twin Hills | Census Designated Place |
| Ugashik | Census Designated Place |
| Unalakleet | Municipality |
| Wales | Municipality |
| White Mountain | Municipality |
(2)
A person is eligible to harvest subsistence halibut if he or she is a member of an Alaska Native tribe with customary and traditional uses of halibut listed in the following table:
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Angoon | Angoon Community Association |
| Craig | Craig Community Association |
| Haines | Chilkoot Indian Association |
| Hoonah | Hoonah Indian Association |
| Hydaburg | Hydaburg Cooperative Association |
| Juneau | Aukquan Traditional CouncilCentral Council Tlingit and Haida Indian Tribes Douglas Indian Association |
| Kake | Organized Village of Kake |
| Kasaan | Organized Village of Kasaan |
| Ketchikan | Ketchikan Indian Corporation |
| Klawock | Klawock Cooperative Association |
| Klukwan | Chilkat Indian Village |
| Metlakatla | Metlakatla Indian Community, Annette Island Reserve |
| Petersburg | Petersburg Indian Association |
| Saxman | Organized Village of Saxman |
| Sitka | Sitka Tribe of Alaska |
| Skagway | Skagway Village |
| Wrangell | Wrangell Cooperative Association |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Akhiok | Native Village of Akhiok |
| Chenega Bay | Native Village of Chanega |
| Cordova | Native Village of Eyak |
| Karluk | Native Village of Karluk |
| Kenai-Soldotna | Kenaitze Indian TribeVillage of Salamatoff |
| Kodiak City | Lesnoi Village (Woody Island)Native Village of Afognak Shoonaq' Tribe of Kodiak |
| Larsen Bay | Native Village of Larsen Bay |
| Nanwalek | Native Village of Nanwalek |
| Ninilchik | Ninilchik Village |
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| Old Harbor | Village of Old Harbor |
| Ouzinkie | Native Village of Ouzinkie |
| Port Graham | Native Village of Port Graham |
| Port Lions | Native Village of Port Lions |
| Seldovia | Seldovia Village Tribe |
| Tatitlek | Native Village of Tatitlek |
| Wasilla | Village of Kanatak |
| Yakutat | Yakutat Tlingit Tribe |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Chignik Bay | Native Village of Chignik |
| Chignik Lagoon | Native Village of Chignik Lagoon |
| Chignik Lake | Chignik Lake Village |
| False Pass | Native Village of False Pass |
| Ivanof Bay | Ivanoff Bay Village |
| King Cove | Agdaagux Tribe of King CoveNative Village of Belkofski |
| Nelson Lagoon | Native Village of Nelson Lagoon |
| Perryville | Native Village of Perryville |
| Sand Point | Pauloff Harbor VillageNative Village of Unga Qagan Tayagungin Tribe of Sand Point Village |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Akutan | Native Village of Akutan |
| Nikolski | Native Village of Nikolski |
| Unalaska | Qawalingin Tribe of Unalaska |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Atka | Native Village of Atka |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| St. GeorgeSt. Paul | Pribilof Islands Aleut Communities of St. Paul Island and St. George Island |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Gambell | Native Village of Gambell |
| Savoonga | Native Village of Savoonga |
| Diomede (Inalik) | Native Village of Diomede (Inalik) |
| Place with Tribal Headquarters | Organized Tribal Entity |
|---|---|
| Alakanuk | Village of Alakanuk |
| Aleknagik | Native Village of Aleknagik |
| Bethel | Orutsararmuit Native Village |
| Brevig Mission | Native Village of Brevig Mission |
| Chefornak | Village of Chefornak |
| Chevak | Chevak Native Village |
| Clark's Point | Village of Clark's Point |
| Council | Native Village of Council |
| Dillingham | Native Village of DillinghamNative Village of Ekuk Native Village of Kanakanak |
| Eek | Native Village of Eek |
| Egegik | Egegik Village |
| Elim | Native Village of Elim |
| Emmonak | Chuloonawick Native VillageEmmonak Village |
| Golovin | Chinik Eskimo Community |
| Goodnews Bay | Native Village of Goodnews Bay |
| Hooper Bay | Native Village of Hooper BayNative Village of Paimiut |
| King Salmon | King Salmon Tribal Council |
| Kipnuk | Native Village of Kipnuk |
| Kongiganak | Native Village of Kongiganak |
| Kotlik | Native Village of HamiltonVillage of Bill Moore's Slough Village of Kotlik |
| Koyuk | Native Village of Koyuk |
| Kwigillingok | Native Village of Kwigillingok |
| Levelock | Levelock Village |
| Manokotak | Manokotak Village |
| Mekoryak | Native Village of Mekoryak |
| Naknek | Naknek Native Village |
| Napakiak | Native Village of Napakiak |
| Napaskiak | Native Village of Napaskiak |
| Newtok | Newtok Village |
| Nightmute | Native Village of NightmuteUmkumiute Native Village |
| Nome | King Island Native CommunityNome Eskimo Community |
| Oscarville | Oscarville Traditional Village |
| Pilot Point | Native Village of Pilot Point |
| Platinum | Platinum Traditional Village |
| Port Heiden | Native Village of Port Heiden |
| Quinhagak | Native Village of Kwinhagak |
| Scammon Bay | Native Village of Scammon Bay |
| Shaktoolik | Native Village of Shaktoolik |
| Sheldon Point (Nunam Iqua) | Native Village of Sheldon's Point |
| Shishmaref | Native Village of Shishmaref |
| Solomon | Village of Solomon |
| South Naknek | South Naknek Village |
| St. Michael | Native Village of Saint Michael |
| Stebbins | Stebbins Community Association |
| Teller | Native Village of Mary's IglooNative Village of Teller |
| Togiak | Traditional Village of Togiak |
| Toksook Bay | Native Village of Toksook Bay |
| Tuntutuliak | Native Village of Tuntutuliak |
| Tununak | Native Village of Tununak |
| Twin Hills | Twin Hills Village |
| Ugashik | Ugashik Village |
| Unalakleet | Native Village of Unalakleet |
| Wales | Native Village of Wales |
| White Mountain | Native Village of White Mountain |
(3)
A person is eligible to harvest subsistence halibut if he or she is a rural resident in one of the rural areas of Alaska described as follows:
(i)
Southeast Alaska east of 141° W. long., except for the land areas of the Ketchikan Gateway Borough as described at paragraph (g)(4)(i) of this section, the land areas of the City and Borough of Juneau, and the Ketchikan and Juneau non-subsistence marine waters areas as defined in paragraphs (h)(3)(i) and (h)(3)(ii) of this section (see figures 2 and 3 to this subpart E).
(ii)
The Alaska Peninsula, Aleutian Islands, Kodiak Island Archipelago, and the area south of the northern boundary of the Bristol Bay Borough and south of 58°39.2′ N. lat. (see figures 5, 6, and 7 to this subpart E).
(iv)
All other areas of Alaska within ten statute miles of mean high water on the Bering Sea and Pacific Ocean coasts, south of Cape Espenberg, including along the Kuskokwim River to Bethel, and that are not specified as non-rural land or water areas as defined in paragraph (g)(4) of this section (see figures 4, 5, 6, and 7 to this subpart E).
(4)
Non-rural areas consist of the non-subsistence marine waters areas defined in paragraph (h)(3) of this section and the land areas of the following cities and boroughs for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska:
(i)
The Ketchikan Gateway Borough on May 18, 2008. This area encompasses all those islands bounded on the east, north, and west by Behm Canal, Behm Narrows, and Clarence Strait to its junction with Nichols Passage, and on the south by Nichols and Revillagigedo Channel to its junction with Behm Canal. The designated boundaries extend to the center line of Behm Canal, Behm Narrows, Clarence Strait, Nichols Passage, and Revillagigedo Channel, and include all the area of Revillagigedo, Gravina, Pennock, Betton, Grant and other Clover Passage and Naha Bay Islands, Hassler, Gedney, Black, Smeaton, Manzanita, Rudyerd, and Bold Islands, and all other offshore and adjacent islands and inlets thereto (see figure 2 to this subpart E).
(v)
The Kenai Peninsula Borough excluding the area of the Seldovia Census Designated Place, the area south and west of that place, and the area south and west of a line that runs from 59°27.5′ N. lat., 151°31.7′ W. long. to 59°12.5′ N. lat., 151°18.5′ W. long (see figure 5 to this subpart E).
(h) Limitations on subsistence fishing.
Subsistence fishing for halibut may be conducted only by persons who qualify for such fishing pursuant to paragraph (g) of this section and who hold a valid subsistence halibut registration certificate in that person's name issued by NMFS pursuant to paragraph (i) of this section, provided that such fishing is consistent with the following limitations.
(1)
Subsistence fishing is limited to setline gear and hand-held gear, including longline, handline, rod and reel, spear, jig and hand-troll gear.
(i)
Subsistence fishing gear set or retrieved from a vessel while engaged in subsistence fishing for halibut must not have more than the allowable number of hooks per vessel, or per person registered in accordance with paragraph (i) of this section and aboard the vessel, whichever is less, according to the regulatory area and permit type indicated in the following table:
| Regulatory Area | Permit Type | Gear Restrictions |
|---|---|---|
| 2C--Except Sitka Sound, and Ketchikan and Juneau non-subsistence marine waters areas | SHARC | 30 hooks per vessel |
| Ceremonial Permit | 30 hooks per vessel | |
| Educational Permit | 30 hooks per vessel | |
| Community Harvest Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| 2C--Sitka Sound | SHARC | September 1 through May 31: 30 hooks per vessel |
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| June 1 through August 31: 15 hooks per vessel; no power hauling | ||
| Ceremonial Permit | September 1 through May 31: 30 hooks per vessel | |
| June 1 through August 31: fishing under Ceremonial Permit not allowed | ||
| Educational Permit | 30 hooks per vessel | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 2C--Ketchikan and Juneau non-subsistence marine waters areas | SHARC | general subsistence halibut fishing not allowed |
| Ceremonial Permit | 30 hooks per vessel | |
| Educational Permit | 30 hooks per vessel | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 3A--Except Chiniak Bay, and Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas | SHARC | 30 hooks per person onboard up to 90 hooks per vessel |
| Ceremonial Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Educational Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Community Harvest Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| 3A--Chiniak Bay | SHARC | 30 hooks per person onboard up to 60 hooks per vessel |
| Ceremonial Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Educational Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Community Harvest Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| 3A--Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas | SHARC | general subsistence halibut fishing not allowed |
| Ceremonial Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Educational Permit | 30 hooks per person onboard up to 90 hooks per vessel | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 3B | SHARC | 30 hooks per person onboard up to 90 hooks per vessel |
| 4A and 4B | SHARC | 30 hooks per person onboard up to 90 hooks per vessel |
| 4C, 4D, and 4E | SHARC | no hook limit |
(ii)
All setline gear marker buoys carried on board or used by any vessel regulated under this section shall be marked with the following: first initial, last name, and address (street, city, and state), followed by the letter “S” to indicate that it is used to harvest subsistence halibut.
(iii)
Markings on setline marker buoys shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible.
(2)
The retention of subsistence halibut is limited per person eligible to conduct subsistence fishing for halibut and onboard the vessel according to the following table:
| Regulatory Area | Permit Type | Retention Limits |
|---|---|---|
| 2C--Except Sitka Sound, and Ketchikan and Juneau non-subsistence marine waters areas | SHARC | 20 halibut per day per vessel and in possession |
| Ceremonial Permit | 25 halibut per permit | |
| Educational Permit | 25 halibut per permit | |
| Community Harvest Permit | no daily or possession limit | |
| 2C--Sitka Sound | SHARC | September 1 through May 31: 10 halibut per day per vessel and in possession |
| June 1 through August 31: 5 halibut per day per vessel and in possession | ||
| Ceremonial Permit | September 1 through May 31: 25 halibut per permit | |
| June 1 through August 31: fishing under Ceremonial Permit not allowed | ||
| Educational Permit | 25 halibut per permit | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 2C--Ketchikan and Juneau non-subsistence marine waters areas | SHARC | general subsistence halibut fishing not allowed |
| Ceremonial Permit | 25 halibut per permit | |
| Educational Permit | 25 halibut per permit | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 3A--Including Chiniak Bay, but excluding Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas | SHARC | 20 halibut per person per day and in possession |
| Ceremonial Permit | 25 halibut per permit | |
| Educational Permit | 25 halibut per permit | |
| Community Harvest Permit | no daily or possession limit | |
| 3A--Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas | SHARC | general subsistence halibut fishing not allowed |
| Ceremonial Permit | 25 halibut per permit | |
| Educational Permit | 25 halibut per permit | |
| Community Harvest Permit | fishing under Community Harvest Permit not allowed | |
| 3B | SHARC | 20 halibut per person per day and in possession |
| 4A and 4B | SHARC | 20 halibut per person per day; no possession limit |
| 4C, 4D, and 4E | SHARC | no daily or possession limit |
(3)
Subsistence fishing may be conducted in any waters in and off Alaska except in the four non-subsistence marine waters areas defined as follows:
(i)
Ketchikan non-subsistence marine waters area in Commission regulatory area 2C (see Figure 2 to subpart E) is defined as those waters between a line from Caamano Point at 55°29.90′ N. lat., 131°58.25′ W. long. to Point Higgins at 55°27.42′ N. lat., 131°50.00′ W. long. and a point at 55°11.78′ N. lat., 131°05.13′ W. long., located on Point Sykes to a point at 55°12.22′ N. lat., 131°05.70′ W. long., located one-half mile northwest of Point Sykes to Point Alava at 55°11.54′ N. lat., 131°11.00′ W. long. and within one mile of the mainland and the Gravina and Revillagigedo Island shorelines, including within one mile of the Cleveland Peninsula shoreline and east of the longitude of Niblack Point at 132°07.23′ W. long., and north of the latitude of the southernmost tip of Mary Island at 55°02.66′ N. lat.;
(ii)
Juneau non-subsistence marine waters area in Commission regulatory area 2C (see Figure 3 to subpart E) is defined as those waters of Stephens Passage and contiguous waters north of the latitude of Midway Island Light (57°50.21′ N. lat.), including the waters of Taku Inlet, Port Snettisham, Saginaw Channel, and Favorite Channel, and those waters of Lynn Canal and contiguous waters south of the latitude of the northernmost entrance of Berners Bay (58°43.07′ N. lat.), including the waters of Berners Bay and Echo Cove, and those waters of Chatham Strait and contiguous waters north of the latitude of Point Marsden (58°03.42′ N. lat.), and east of a line from Point Couverden at 58°11.38′ N. lat., 135°03.40′ W. long., to Point Augusta at 58°02.38′ N. lat., 134°57.11′ W. long.;
(iii)
The Anchorage-Matsu-Kenai non-subsistence marine waters area in Commission Regulatory Area 3A (see figures 4, 5, 6, and 7 to this subpart E) is defined as:
(A)
All waters of Cook Inlet north of a line extending from the westernmost point of Hesketh Island at 59°30.40′ N. lat., except those waters within mean lower low tide from a point one mile south of the southern edge of the Chuitna River (61°05.00′ N. lat., 151°01.00′ W. long.) south to the easternmost tip of Granite Point (61°01.00′ N. lat., 151°23.00′ W. long.) (Tyonek subdistrict); and
(B)
All waters of Alaska south of 59°30.40′ N. lat. on the western shore of Cook Inlet to Cape Douglas (58°51.10′ N. lat.) and in the east to Cape Fairfield (148°50.25′ W. long.), except those waters of Alaska west of a line from the easternmost point of Jakolof Bay (151°31.90′ W. long.), and following the shore to a line extending south from the easternmost point of Rocky Bay (151°18.41′ W. long.); and
(iv)
Valdez non-subsistence marine waters area in Commission regulatory area 3A (see figures 4 and 5 to this subpart E) is defined as the waters of Port Valdez and Valdez Arm located north of 61°01.38′ N. lat., and east of 146°43.80′ W. long.
(4)
Waters in and off Alaska that are not specifically identified as non-subsistence marine waters areas in paragraph (h)(3) of this section are rural for purposes of subsistence fishing for halibut. Subsistence fishing may be conducted in any rural area by any person with a valid subsistence halibut registration certificate in his or her name issued by NMFS under paragraph (i) of this section, except that:
(i)
A person who is not a rural resident but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership.
(ii)
A person who is a resident outside the State of Alaska but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership.
(iii)
For purposes of this paragraph (h)(4), “area of tribal membership” means rural areas of the Commission regulatory area under which the Organized Tribal Entity is listed in the tables set out in paragraph (g)(2) of this section, or the Bering Sea closed area adjacent to the rural area in which the Alaska Native tribal headquarters is located.
(i) Subsistence registration.
A person must register as a subsistence halibut fisher and possess a valid subsistence halibut registration certificate in his or her name issued by NMFS before he or she begins subsistence fishing for halibut in waters in and off Alaska.
(1)
A subsistence halibut registration certificate will be issued to any person who registers according to paragraph (i)(2) of this section and who is qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section. The Alaska Region, NMFS, may enter into cooperative agreements with Alaska Native tribal governments or their representative organizations for purposes of identifying persons qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section.
(2) Registration.
To register as a subsistence halibut fisherman, a person may request a cooperating Alaska Native tribal government or other entity designated by NMFS to submit an application on his or her behalf to the Alaska Region, NMFS. Alternatively, a person may apply by submitting a completed application to the Alaska Region, NMFS. Application forms are available on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, or by contacting NMFS at 800-304-4846, Option 2. NMFS will process a SHARC Application for an Alaska Native Tribal Member or a SHARC Application for a Rural Resident provided that an application is completed, with all applicable fields accurately filled-in, and all required additional documentation is submitted. Initial applications for a SHARC must be signed and mailed or faxed to NMFS (see instructions on form). Renewals may be submitted electronically, mailed, or faxed.
(i) Non-electronic submittal.
The applicant must sign and date the application certifying that all information is true, correct, and complete. The applicant must submit the paper application as indicated on the application.
(ii) Electronic submittal.
An individual can submit a SHARC renewal on-line using an application available at the Alaska Region website. By using the SHARC number and date of birth, and by submitting the application form, the applicant certifies that all information is true, correct, and complete.
(3) Expiration of registration.
Each subsistence halibut registration certificate will be valid only for the period of time specified on the certificate. A person eligible to harvest subsistence halibut under paragraph (g) of this section may renew his or her registration certificate that is expired or will expire within 3 months by following the procedures described in paragraph (i)(2) of this section. A subsistence halibut registration certificate will expire:
(i)
2 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (g)(1) of this section, and
(ii)
4 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (g)(2) of this section.
(j) Community Harvest Permit (CHP).
An Area 2C or Area 3A community or Alaska Native tribe listed in paragraphs (g)(1) or (g)(2) of this section may apply for a CHP, which allows a community or Alaska Native tribe to appoint one or more individuals from its respective community or Alaska Native tribe to harvest subsistence halibut from a single vessel under reduced gear and harvest restrictions. The CHP consists of a harvest log and up to five laminated permit cards. A CHP is a permit subject to regulation under § 679.4(a) of this title.
(1) Qualifications.
(i)
NMFS may issue a CHP to any community or Alaska Native tribe that applies according to paragraph (j)(2) of this section and that is qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section.
(A)
The applying community is listed as eligible in Area 2C or Area 3A according to paragraph (g)(1) of this section; and
(iii)
NMFS will issue a CHP to an Alaska Native tribe in Area 2C or Area 3A only if the applying tribe is listed as eligible in Area 2C or Area 3A according to paragraph (g)(2) of this section.
(iv)
Eligible communities or Alaska Native tribes may appoint only one CHP Coordinator per community or tribe.
(2) Application.
A community or Alaska Native tribe may apply for a CHP by submitting an application to the Alaska Region, NMFS. Applications must be mailed to: Restricted Access Management Program, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668. A complete application must include:
(ii)
The full name of the person who is designated as the CHP Coordinator for each community or Alaska Native tribe, the designated CHP Coordinator's mailing address (number and street, city, state, and zip code), community of residence (the rural community or residence from paragraph (g)(1) of this section) or the Alaska Native tribe if applicable (as indicated in paragraph (g)(2) of this section), and the daytime telephone number; and
(A)
Within Sitka Sound as defined in paragraph (e)(1)(ii) of this section (see Figure 1 to this subpart E); or
(B)
Within the Ketchikan, Juneau, Anchorage-Matsu-Kenai, and Valdez non-subsistence marine waters areas as defined in paragraph (h)(3) of this section (see figures 2, 3, 4, 5, 6, and 7 to this subpart E).
(ii)
To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (i) of this section for the same community or Alaska Native tribe listed on the CHP;
(iv)
If subsistence fishing gear set or retrieved from a vessel on which the CHP card is present does not exceed the restrictions of paragraph (h) of this section.
(4) Expiration of permit.
Each CHP will be valid only for the period of time specified on the permit. A CHP will expire one year from the date of issuance to a community or Alaska Native tribe eligible to harvest halibut under paragraph (g) of this section. A community or Alaska Native tribe eligible to harvest subsistence halibut under paragraph (g) of this section may renew its CHP that is expired or will expire within three months by following the procedures described in paragraph (j)(2) of this section.
(i)
The designated harvesters who may fish under the CHP are identified on the Community Harvest Permit harvest log when the CHP is issued to the designated harvesters;
(ii)
The CHP remains in the possession of the CHP Coordinator or other tribal or government authority when not in use and is issued to the designated harvesters when necessary; and
(iii)
All required recordkeeping and data reporting of subsistence harvests under the CHP are performed.
(6) Harvest log submission.
Each Community Harvest Permit harvest log must be submitted to NMFS on or before the date of expiration by facsimile or mail. Harvest logs must be mailed to RAM at the address given in paragraph (j)(2) of this section or faxed to 907-586-7354. The log must provide information on:
(i)
The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number, date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity (if appropriate); and
(ii)
The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period specified on the permit, and if so, the date harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut.
(k) Ceremonial Permit or Educational Permit.
An Area 2C or Area 3A Alaska Native tribe that is listed in paragraph (g)(2) of this section may apply for a Ceremonial or Educational Permit, allowing the tribe to harvest up to 25 halibut per permit issued. The Ceremonial and Educational Permits each consist of a harvest log and a single laminated permit card. Ceremonial and Educational Permits are permits subject to regulation under § 679.4(a) of this title.
(1) Qualifications.
(i)
NMFS may issue a Ceremonial or Educational Permit to any Alaska Native tribe that completes an application according to paragraph (k)(2) of this section and that is qualified to conduct subsistence fishing for halibut according to paragraph (g)(2) of this section.
(iii)
Eligible educational programs may appoint only one authorized Instructor per Educational Permit.
(2) Application.
An Alaska Native tribe may apply for a Ceremonial or Educational Permit by submitting an application to the Alaska Region, NMFS. Applications must be mailed to: Restricted Access Management Program, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668.
(B)
The name of the person designated as the Ceremonial Permit Coordinator for each Alaska Native tribe or the name of the person designated as the Instructor for an Educational Permit, the Ceremonial Permit Coordinator or Instructor's mailing address (number and street, city, state, and zip code), and the daytime telephone number;
(C)
Any previously issued Ceremonial Permit harvest logs from any expired Ceremonial Permit if applying for a Ceremonial Permit; and
(D)
Any previously issued Educational Permit harvest logs from any expired Educational Permit if applying for an Educational Permit.
(ii)
NMFS will issue a Ceremonial Permit for the harvest of halibut associated with traditional cultural events only if the application:
(B)
Identifies the person designated by the eligible Alaska Native tribe as the Ceremonial Permit Coordinator.
(3) Restrictions.
Subsistence fishing for halibut under Ceremonial or Educational Permits shall be valid only:
(A)
In the Anchorage-Matsu-Kenai non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figures 4, 5, 6, and 7 to this subpart E), only the following tribes may use a Ceremonial or Educational permit:
(1) Kenaitze Indian Tribe;
(2) Seldovia Village Tribe;
(3) Ninilchik Village;
(4) Native Village of Port Graham;
(5) Native Village of Nanwalek; and
(6) Village of Salamatoff.
(B)
In the Valdez non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figures 4 and 5 to this subpart E), only the Native Village of Tatitlek may use a Ceremonial or Educational permit.
(A)
In the Ketchikan non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figure 2 to this subpart E), only the following tribes may use a Ceremonial or Educational permit:
(1) Central Council of Tlingit/Haida Indians;
(2) Ketchikan Indian Corporation; and
(3) Organized Village of Saxman;
(B)
In the Juneau non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figure 3 to this subpart E), only the following tribes may use a Ceremonial or Educational permit:
(1) Central Council of Tlingit/Haida Indians;
(2) Douglas Indian Association; and
(3) Aukquan Traditional Council.
(v)
To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (i) of this section for the same Alaska Native tribe listed on the Ceremonial or Educational Permit, except that students enrolled in an educational program may fish under an Educational Permit without a subsistence halibut registration certificate; and
(vi)
If subsistence fishing gear set or retrieved from a vessel on which the Ceremonial or Educational Permit card is present does not exceed the restrictions of paragraph (h) of this section.
(4) Expiration of permits.
Each Ceremonial or Educational Permit will be valid only for the period of time specified on the permit. Ceremonial and Educational Permits will expire 30 days from the date of issuance to an Alaska Native tribe eligible to harvest halibut under paragraph (g)(2) of this section. A tribe eligible to harvest subsistence halibut under paragraph (g)(2) of this section may apply for additional Ceremonial or Educational Permits at any time.
(5) Duties of Ceremonial Permit Coordinators and Instructors.
Each Ceremonial Permit Coordinator or Instructor must ensure:
(i)
The designated harvesters or students who may fish under the Ceremonial or Educational Permit are identified on the Ceremonial/Educational Permit harvest log when the permit is used;
(ii)
The Ceremonial Permit remains in the possession of the Ceremonial Permit Coordinator or other tribal authority when not in use and is issued to designated harvesters when necessary; and
(iii)
All required recordkeeping and data reporting of subsistence harvests under the Ceremonial or Educational Permit are performed.
(6) Harvest log submission.
Submission of a Ceremonial or Educational Permit log shall be required upon the expiration of each permit and must be received by Restricted Access Management within 15 days of the expiration by facsimile or mail. Harvest logs must be mailed to RAM at the address given in paragraph (k)(2) of this section or faxed to 907-586-7354. The log must provide information on:
(i)
The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number if applicable (students do not need a SHARC), date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity;
(ii)
The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period indicated on the permit, and if so, the date when harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut.
(l) Appeals.
If Restricted Access Management (RAM) determines that an application is deficient, it will prepare and send an Initial Administrative Determination (IAD) to the applicant. The IAD will indicate the deficiencies in the application or any additional provided information. An applicant who receives an IAD may appeal RAM's findings pursuant to § 679.43 of this title.
[68 FR 18156, Apr. 15, 2003]
Editorial Note:
For Federal Register citations affecting § 300.65
, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Title 50 published on 2012-10-01
The following are only the Rules published in the Federal Register after the published date of Title 50.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
Title 50 published on 2012-10-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 300 after this date.
