vessel used for halibut fishing in a regulatory area 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 § 301.3(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 anywhere in waters described in § 301.3(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 proceding a halibut fishing period shall not apply to persons and vessels fishing for halibut during fishing periods in Areas 4C and 4E as described in § 301.4(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. § 301.16 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. § 301.17 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. § 301.18 Sport fishing for halibut. (a) Sport fishing for halibut in all waters off the coasts of Alaska and British Columbia is only permitted from February 1 to December 31. (b) Sport fishing for halibut in all waters off the coasts of California, Oregon, and Washington is only permitted from February 1 to September 30. (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) No person shall possess or land more than two halibut of any size per day from a vessel that is engaged in sport fishing in waters off the coasts of Alaska or British Columbia. (e) The minimum size limit for sport-caught halibut in all waters off the coasts of California, Oregon, and Washington is 30 inches (76.2 cm), with head on, as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with (f) No person shall possess or land more than two legal-sized halibut per day from a vessel that is engaged in sport fishing in waters off the coasts of California, Oregon, or Washington. (g) No person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of a minimum size limit, or the number of fish caught, possessed, or landed. (h) After two halibut have been taken by any person engaged in sport fishing, those halibut shall be landed before that person takes more halibut on any succeeding day. (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 "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. § 301.19 Previous regulations superseded. Sections 301.1 through 301.19 shall supersede all previous regulations of the Commission, and shall be effective each succeeding year until superseded. § 301.20 United States treaty Indian tribes. (a) Purpose. The purpose of this section is to implement the recommendations of the International Pacific Halibut Commission (IPHC) to govern fishing for halibut by eleven United States treaty Indian tribes in certain marine fishing areas off the coast of Washington, in the Strait of Juan de Fuca, and in Puget Sound. (b) Relation to other laws. Except as provided in this section, all regulations of the IPHC in this part apply to halibut fishing by members of United States treaty Indian tribes. (c) Definitions. For purposes of this Part 301, United States treaty Indian tribes means the Makah, Quileute, Hoh, and Quinault tribes located along the north Washington coast, the Lower Elwha Klallam, Jamestown Klallam, and Port Gamble Klallam located along the Strait of Juan de Fuca, and the Lummi, Swinomish, Tulalip, and Skokomish Tribes located along Puget Sound in the State of Washington. (d) Area. Within IPHC Regulatory Area 2A, Subarea 2A-1 includes waters under United States jurisdiction off the coast of Washington from the U.S.-Canada border south to 46°53'18" N. latitude [Point Chehalis] along the Pacific coast and east through the Strait of Juan de Fuca to include the waters of Puget Sound. Within Subarea 2A-1, boundaries of a tribe's fishery may be revised as ordered by a Federal court. Tribe Makah Quileute.. Hoh Quinault.. L. Elwha... Jamestown Boundaries North of 48°02'15" N. latitude (Norweigan Memorial), west of longitude 123°42′30′′ W, and east of 125°44'00" Between 48°07'36" N. latitude (Sand Point) and 47°31'42" N. latitude (Queets River), and east of 125°44′00′′ Between 47°54'18" N. latitude (Quillayute River) and 47°21'00" N. latitude (Quinault River), and east of 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 Final Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Port Gamble..... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port Gamble Tribe may take fish under rights secured by treaties with the United States. Lummi... Swinomish Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), and particularly at 384 F. Supp. 360, to be places at which the Lummi Tribe may take fish under rights secured by treaties with the United States. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may take fish under rights secured by treaties with the United States. Tribe Tulalip.. Boundaries Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), and particularly at 626 F. Supp. 1531-1532 to be places at which the Tulalip Tribe may take fish under rights secured by treaties with the United States. Skokomish........ Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), and particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may take fish under rights secured by treaties with the United States. (e) Quota. Of the total allowable catch in IPHC Regulatory Area 2A, 100,000 pounds (46 metric tons) is suballocated to the U.S. treaty Indian tribes regardless of where the fish are taken by those tribes in Regulatory Area 2A. If it is projected that the treaty tribal suballocation of 100,000 pounds will be taken prior to October 31, then an additional amount of fish is available to the tribes sufficient for them to reach the October 31, 1987, closing date, but in no event will this additional amount exceed the 50,000 pounds (23 metric tons) made available for this purpose by the IPHC. All fish taken by members of U.S. treaty Indian tribes in Subarea 2A during the season described in paragraph (f)(1) of this section will count toward this quota whether or not the fish are sold. (f) Seasons. (1) For members of U.S. treaty Indian tribes, the commercial fishing season in Subarea 2A-1 will commence on April 1 and terminate on October 31 or when a total tribal harvest of 100,000 pounds is reached as specified in paragraph (e) of this section, whichever occurs first. The IPHC will monitor catch and effort data in the treaty Indian fishery during the season. If at any time during the season it is projected that the treaty Indian harvest will reach 100,000 pounds prior to October 31, then an additional amount of halibut will be made available to the tribes sufficient to allow them to continue fishing until October 31, but in no event will this additional amount exceed 50,000 pounds. If the additional 50,000 pounds is projected to be taken, the Secretary will, by publishing a notice in the FEDERAL REGISTER, close the treaty Indian halibut fishery as of the date 50,000 pounds is projected to be taken. Following closure of the treaty Indian commercial halibut fishing season, no person authorized to fish for halibut by a United States treaty Indian tribe may fish for halibut except as authorized by paragraph (f)(2) of this section. (2) For members of the U.S. treaty Indian tribes, a subsistence and ceremonial fishing season in Subarea 2A-1 will commence on April 1, and terminate on December 31. After the treaty Indian halibut quota is taken or after October 31, 1987, whichever occurs first, treaty Indians may take and retain, but not sell, up to two halibut per day caught on hook and line gear. (g) Size limit. All halibut taken and retained by treaty Indians during the commercial fishing season specified in. paragraph (f)(1) of this section must, with the head on, be a minimum of 32 inches (81.3 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail, or, with the head removed, be a minimum of 24 inches (61.0 cm) as measured from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail, as illustrated in the schedule. (h) Identification of U.S. treaty Indian. Any member of a U.S. treaty Indian tribe as defined in paragraph (c) of this section who is fishing under this part must have in his or her possession a valid treaty Indian identification card issued under 25 CFR Part 249, Subpart A and must not fish except from a vessel properly identified and marked with the treaty Indian vessel identification required under 25 CFR Part 249, Subpart A. The following expressions have the meanings respectively them, that is to say: Baleen whales to (a) "Baleen whale" means any whale which has baleen or whale bone in the mouth, i.e. any whale other than a toothed whale. (b) "Blue whale" (Balaenoptera musculus) means any whale known as blue whale, Sibbald's rorqual, or sulphur bottom, and including pygmy blue whale. (c) "Bowhead whale" (Balaena mysticetus) means any whale known as bowhead, Arctic right whale, great polar whale, Greenland right whale, Greenland whale. (d) "Bryde's whale" (Balaenoptera edeni, B. brydei) means any whale known as Bryde's whale. (e) "Fin whale" (Balaenoptera physalus) means any whale known as common finback, common rorqual, fin whale, herring whale, or true fin whale. (f) "Gray whale" (Eschrichtius robustus) means any whale known as gray whale, California gray, devil fish, hard head, mussel digger, gray back, or rip sack. (g) "Humpback whale" (Megaptera novaeangliae) means any whale known as bunch, humpback, humpback whale, humpbacked whale, hump whale or hunchback whale. (h) "Minke whale" (Balaenoptera acutorostrata, B. bonaerensis) means any whale known as lesser rorqual, little piked whale, minke whale, pikeheaded whale or sharp headed finner. (i) "Pygmy right whale" (Caperea marginata) means any whale known as southern pygmy right whale, pygmy right whale. (j) "Right whale" (Eubalaena glacialis, E. australis) means any whale known as Atlantic right whale, Arctic right whale, Biscayan right whale, Nordkaper, North Atlantic right |