ly from that vessel or through another carrier, shall record each such purchase or receipt on State or Provincial fish tickets, showing the date, locality, name of vessel, Halibut Commission license number, and the name of the person from whom the halibut was purchased or received and the amount in pounds according to trade categories of the halibut. (c) No person shall make a false entry on a State or Provincial fish ticket referred to in paragraph (b) of this section. (d) A copy of the fish tickets referred to in paragraph (b) of this section shall be (1) Retained by the person making them for a period of two years from the date the fish tickets are made; and (2) Open to inspection by a fishery officer or any authorized representative of the Commission. (e) No person shall possess any halibut that he knows to have been taken in contravention of this part. (f) When halibut are delivered to other than a commercial fish processor or primary fish buyer, the records required by paragraph (b) of this section shall be maintained by the operator of the vessel from which that halibut was caught, in compliance with paragraph (d) of this section. (g) It shall be illegal to enter a Halibut Commission license number on a State or Provincial fish ticket for any vessel other than the vessel actually used in catching the halibut reported thereon. 8301.16 Fishing gear. (a) No person shall fish for halibut using any gear other than hook and line gear. (b) No person shall possess halibut taken with any gear other than hook and line gear. (c) No person shall possess halibut while on board a vessel carrying any fishing gear other than hook and line gear or nets that are used solely for the capture of bait. (d) All setline or skate marker buoys carried aboard or used by any United States vessel used for halibut fishing shall be marked with one of the following: (1) The vessel's name, or (2) The vessel's state license number, (3) The vessel's registration number, which markings shall be in characters at least four inches in height and onehalf inch in width in a contrasting color visible above the water and shall be maintained in legible condition. (e) All setline or skate marker buoys carried aboard or used by a Canadian vessel used for halibut fishing shall be (1) Floating and visible on the surface of the water; and (2) Legibly marked with the identification plate number of the vessel engaged in commercial fishing from which that setline is being operated. (f) No person on board a vessel from which setline gear was used to fish for any species of fish anywhere in waters described in § 301.4(a) of this part during the 72-hour period immediately before the opening of a halibut fishing period shall catch or possess halibut anywhere in those waters during that halibut fishing period. (g) No vessel from which setline gear was used to fish for any species of fish waters anywhere in described in § 301.4(a) of this part during the 72hour period immediately before the opening of a halibut fishing period may be used to catch or possess halibut anywhere in those waters during that halibut fishing period. (h) Notwithstanding paragraphs (f) and (g) of this section, the 72-hour fishing restriction preceding a halibut fishing period will not apply to persons and vessels fishing for halibut during the fishing periods in Areas 4C and 4E as described in § 301.5 (h) and (j) of this part. (i) No person shall fish for halibut from a vessel that is equipped with, or that possesses on board, an automated hook stripper. (j) No person shall possess halibut on a vessel that is equipped with, or that possesses on board, an automated hook stripper. [53 FR 10538, Apr. 1, 1988; 53 FR 20330, June 3, 1988] § 301.17 Retention of tagged halibut. Nothing contained in this part prohibits any vessel at any time from retaining and landing a halibut that bears a Commission tag at the time of capture, if the halibut with the tag still attached is reported at the time of landing and made available for examination by a representative of the Commission or by an officer of the Contracting Parties or a state or provincial government. § 301.18 Supervision of unloading and weighing. The unloading and weighing of halibut may be subject to the supervision of a customs officer or other authorized officers to assure the fulfillment of the provisions of this part. § 301.19 Fishing by United States treaty Indian tribes. (a) Relation to other laws. Except as provided in this section, all regulations of the Commisson in this part apply to halibut fishing by members of United States treaty Indian tribes from the State of Washington. (b) For purposes of this part, United States treaty Indian tribes means the Hoh, Jamestown Klallam, Lower Elwha Klallam, Lummi, Makah, Port Gamble Klallam, Quileute, Quinault, Skokomish, Squamish, Swinomish, and Tulalip tribes. (c) Subarea 2A-1 includes all waters off the coast of Washington that are north of latitude 46°53′18′′ N. and east of longitude 125°44′00′′ W. (d) Commercial fishing for halibut in subarea 2A-1 is permitted with hook and line gear from March 1 through October 31. (e) Subsistence and ceremonial fishing for halibut in subarea 2A-1 is per Lummi Tribe Swinomish. Tulalip. mitted with hook and line gear from February 1 through December 31, except that from February 1 through February 29 and November 1 through December 31, treaty Indians may take and retain, but not sell, not more than two halibut per day. (f) Notwithstanding paragraphs (d) and (e) of this section, the use of setlines is prohibited from March 1 through March 31 in the Strait of Juan de Fuca and Puget Sound east of a line from Bonilla Point (latitude 48°55'44" N., longtitude 124°43′00′′ W.) to Tatoosh Island (latitude 48°23′30′′ N., longitude 124°44′00′′ W.) to Cape Flattery (latitude 48°22′55′′ N., longitude 124°43′42′′ W.). (g) Size limit. All halibut sold by treaty Indians during the commercial fishing season specified in paragraph (d) of this section shall comply with the size limits specified in § 301.11. card (h) Any member of a United States treaty Indian tribe as defined in paragraph (b) of this section who is engaged in commercial, subsistence or ceremonial fishing under this part must have on his or her person a valid treaty Indian identification issued pursuant to 25 CFR Part 249, Subpart A, and must fish from a vessel properly identified and marked with the treaty Indian vessel identification as required by 25 CFR Part 249, Subpart A. (i) The following table (Table 2) sets forth the fishing areas of each of the twelve United States treaty Indian tribes fishing pursuant to this § 301.19. Within Subarea 2A-1, boundaries of a tribe's fishing area may be revised as ordered by a Federal court. TABLE 2-FISHING AREAS FOR U.S. TREATY INDIAN TRIBES Boundaries Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with TABLE 2-FISHING AREAS FOR U.S. TREATY INDIAN TRIBES-Continued Squamish. Skokomish.. Makah Quileute............ Hoh. Quinault... L. Elwha.. Jamestown Port Gamble..... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with North of 48°02'15" N. latitude (Norwegian Memorial), west of 123°42′30′′ W. longitude, and east of Between 48°07′36′′ N. latitude (Sand Point) and 47°31′42′′ N. latitude (Queets River), and east of 125°44'00" W. longitude. Between 47°54'18" N. latitude (Quillayute River) and 47°21′00′′ N. latitude (Quinault River), and east of 125°44'00" W. longitude. Between 47°40′06′′ N. latitude (Destruction Island) and 46°53′18′′ N. latitude (Point Chehalis), and east of Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with § 301.20 Sport fishing for halibut in all waters. (a) Sport fishing for halibut in all waters (1) Off the coasts of Alaska and British Columbia is only permitted from February 1 to December 31; N., (2) In Puget Sound and United States waters in the Strait of Juan de Fuca, east of a line from Bonilla Point (latitude 48°55'44" longitude 124°43′00′′ W.) to Tatoosh Island (latitude 48°23′30′′ N., longitude 124°44′00′′ W.) to Cape Flattery (latitude 48°22′55′′ N., longitude 124°43′42′′ W.) is only permitted from March 1 to June 15; (3) Off the North Washington Coast west of the line described in paragraph (a)(2) of this section and north of the Queets River (latitude 47°32′00′′ N., longitude 124°21'15" W.) is only permitted from May 1 to June 30; (4) South of the Queets River, including the South Washington Coast, Oregon, and California is only permitted from April 1 to September 30. (b) Notwithstanding paragraph (a) of this section the catch limit for halibut. (1) For Washington waters north of the Queets River, including the Strait of Juan de Fuca and Puget Sound, is 207,000 pounds (93.9 metric tons); (2) For waters between the Queets River and the Oregon/Washington border is 3,000 pounds (1.4 metric tons); (3) For waters south of the Oregon/ Washington border is 60,000 pounds (27.2 metric tons). (c) No person shall engage in sport fishing for halibut using gear other than a handline or rod with no more than two hooks attached, or a spear. (d) The daily bag limit in waters described in paragraphs (a)(1), (a)(3), and (a)(4) of this section is two halibut of any size per day per person. (e) The daily bag limit in waters described in paragraph (a)(2) of this section is one halibut of any size per day per person. (f) The possession limit for halibut in the waters off the coast of Alaska is two daily bag limits. (g) The possession limit for halibut in the waters off British Columbia, Washington, Oregon, and California is the same as the daily bag limit. I (h) No person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of the number of fish caught, possessed, or landed. (i) No halibut caught by sport fishing shall be offered for sale, sold, traded, or bartered. (j) No halibut caught in sport fishing shall be possessed aboard a vessel when other fish or shellfish aboard the said vessel are destined for commercial use, sale, trade, or barter. (k) No person shall operate a charter vessel engaged in fishing for halibut unless the Commission has issued a license in respect of that vessel and such license is aboard such vessel. (1) A license issued in respect of a vessel referred to in paragraph (k) of this section must be carried on that charter vessel at all times and the holder of it shall permit its inspection by customs and fishery officers of the Contracting Parties. (m) A license shall be issued without fee by the Commission from its office in Seattle, Washington, upon receipt of a completed written and signed “Application for Vessel License for the Halibut Fishery" form. (n) Licenses issued under this section shall be valid only during the year in which they are issued. § 301.21 Previous regulations superseded. This part shall supersede all previous regulations of the Commission, and this part shall be effective each succeeding year until superseded. |