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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations
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authorized officer or representative of the Commission prior to that retrieval.
7 After retrieval of Pacific halibut gear in accordance with paragraph 6, the vessel shall submit to a hold inspection at the discretion of the authorized officer or representative of the Commission.
8 No person shall retain any Pacific halibut caught on gear retrieved in accordance with paragraph 6.
9 No person shall possess Pacific halibut on board a vessel in an IPHC
Regulatory Area during a closed period unless that vessel is in continuous transit to or within a port in which that Pacific halibut may be lawfully sold.
12. Application of Commercial Fishery Limits 1 Notwithstanding the fishery limits described in section 5, regulations pertaining to the division of the IPHC
Regulatory Area 2A fishery limit between the directed commercial fishery and the incidental catch fishery as described in paragraphs 5 and 6 of section 9 will be promulgated by NOAA
Fisheries and published in the Federal Register.
2 The Commission shall determine and announce to the public the date on which the fishery limit for IPHC
Regulatory Area 2A will be taken.
3 Notwithstanding the fishery limits described in section 5, the commercial fishing in IPHC Regulatory Area 2B will close only when all Individual Vessel Quotas IVQ and Individual Transferable Quotas ITQ assigned by DFO are taken, or on the date when fishing must cease as specified in Section 9, whichever is earlier.
4 Notwithstanding the fishery limits described in section 5, IPHC Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close only when all Individual Fishing Quotas IFQ and all CDQ issued by NOAA Fisheries have been taken, or on the date when fishing must cease as specified in Section 9, whichever is earlier.
5 If the Commission determines that the fishery limit specified for IPHC
Regulatory Area 2A in section 5 would be exceeded in an additional directed commercial fishing period as specified in paragraph 4 of section 9, the fishery limit for that area shall be considered to have been taken and the directed commercial fishery closed as announced by the Commission.
6 When under paragraphs 1, 2, and 5 the Commission has announced a date on which the fishery limit for IPHC Regulatory Area 2A will be taken, no person shall fish for Pacific halibut in that area after that date for the rest of the year, unless the Commission has
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announced the reopening of that area for Pacific halibut fishing.
7 Notwithstanding the fishery limits described in section 5, the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4E directed commercial fishery is equal to the combined annual fishery limits specified for the IPHC Regulatory Areas 4D and 4E CDQ fisheries and any IPHC Regulatory Area 4D IFQ received by transfer by a CDQ organization. The annual IPHC Regulatory Area 4D fishery limit will decrease by the equivalent amount of CDQ and IFQ received by transfer by a CDQ organization taken in IPHC Regulatory Area 4E in excess of the annual IPHC Regulatory Area 4E
fishery limit.
8 Notwithstanding the fishery limits described in section 5, the total allowable catch of Pacific halibut that may be taken in the IPHC Regulatory Area 4D directed commercial fishery is equal to the combined annual fishery limits specified for IPHC Regulatory Areas 4C and 4D. The annual IPHC
Regulatory Area 4C fishery limit will decrease by the equivalent amount of Pacific halibut taken in IPHC Regulatory Area 4D in excess of the annual IPHC
Regulatory Area 4D fishery limit.
13. Fishing in Regulatory IPHC
Regulatory Areas 4D and 4E
1 Section 13 applies only to any person fishing for, or any vessel that is used to fish for, IPHC Regulatory Area 4E Community Development Quota CDQ Pacific halibut, IPHC Regulatory Area 4D CDQ Pacific halibut, or IPHC
Regulatory Area 4D IFQ received by transfer by a CDQ organization provided that the total annual Pacific halibut catch of that person or vessel is landed at a port within IPHC Regulatory Areas 4E or 4D.
2 A person may retain Pacific halibut taken with setline gear that are smaller than the size limit specified in section 19, provided that no person may sell or barter such Pacific halibut.
3 The manager of a CDQ
organization that authorizes persons to harvest Pacific halibut in the IPHC
Regulatory Area 4E or 4D CDQ fisheries or IFQ received by transfer by a CDQ
organization must report to the Commission the total number and weight of undersized Pacific halibut taken and retained by such persons pursuant to section 13, paragraph 2.
This report, which shall include data and methodology used to collect the data, must be received by the Commission prior to 1 November of the year in which such Pacific halibut were harvested.

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14. Fishing Period Limits 1 It shall be unlawful for any vessel to retain more Pacific halibut than authorized by that vessels license in any fishing period for which the Commission has announced a fishing period limit.
2 The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut to a commercial fish processor, completely offload all Pacific halibut on board said vessel to that processor and ensure that all Pacific halibut is weighed and reported on State fish tickets.
3 The operator of any vessel that fishes for Pacific halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of Pacific halibut other than to a commercial fish processor, completely offload all Pacific halibut on board said vessel and ensure that all Pacific halibut are weighed and reported on State fish tickets.
4 The provisions of paragraph 3 are not intended to prevent retail over-theside sales to individual purchasers so long as all the Pacific halibut on board is ultimately offloaded and reported.
5 When fishing period limits are in effect, a vessels maximum retainable catch will be determined by the Commission based on:
a the vessels overall length in feet and associated length class;
b the average performance of all vessels within that class; and c the remaining fishery limit.
6 Length classes are shown in the following table:
Overall length in feet
Vessel class
125
2630
3135
3640
4145
4650
5155
56+

A
B C
D E
F G
H

7 Fishing period limits in IPHC
Regulatory Area 2A apply only to the directed Pacific halibut fishery referred to in paragraph 4 of section 9.
15. Licensing Vessels for IPHC
Regulatory Area 2A
1 No person shall fish for Pacific halibut from a vessel, nor possess Pacific halibut on board a vessel, used either for commercial fishing or as a charter vessel in IPHC Regulatory Area 2A, unless the Commission has issued
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