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This paragraph (§ 300.65(c)(5)) governs the transfer of Commission regulatory areas 2C and 3A halibut between individual fishing quota (IFQ) and guided angler fish (GAF), the issuance of GAF permits, and GAF use. (ii) Commercial fishing in Commission regulatory areas 2C and 3A is governed by the Commission’s annual management measures and by regulations at 50 CFR part 679, subparts A, B, D, and E. (i) Allocates the annual combined catch limit for Commission regulatory areas 2C and 3A in order to establish the annual commercial catch limit and the annual guided sport catch limit for the halibut commercial fishing and sport fishing seasons, pursuant to paragraphs (c)(3) and (4) of this section; and (f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day.

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NMFS will then calculate any applicable opt-out sideboards for 2024 and announce these limits after March 1. Sideboard limits are linked to the catch history of specific vessels; however, some of these vessels may choose to opt out of the Rockfish Program. The CP sector halibut PSC sideboard limits are effective from July 1 through July 31 (§ 679.82(c)(4), (e)(6)). Under the Rockfish Program, the CP sector is subject to halibut PSC sideboard limits for the trawl deep-water and shallow-water species fisheries (§ 679.82(e)(3) and (5)).

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As part of the 2014 CSP, NMFS implemented the GAF Program to authorize limited annual transfers of commercial halibut IFQ as GAF to qualified individual CHP holders. Section 5 of the Halibut Act also provides the Council with authority to develop regulations for waters off Alaska, including limited access regulations that are in addition to, and not in conflict with, approved IPHC regulations. A google search on “fly fishing for Atlantic halibut” brings up videos and articles on where and how it’s done. DFO did not adopt this regulation; therefore, Section 20 paragraph (3) does not apply to fish caught in IPHC Regulatory Area 2B. Alaska state law establishes information collection requirements regarding harvest records for individual recreational anglers.

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• (1) Except as provided in this Section, no person shall possess at the same time on board a vessel Pacific halibut caught in more than one IPHC Regulatory Area.
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• The IPHC recognizes the role of the NPFMC to develop policy and regulations that allocate the Pacific halibut resource among fishermen in and off Alaska and that NMFS has developed numerous regulations to support the NPFMC’s goals of limiting the charter halibut harvest to the charter catch allocation.
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This final rule is not a regulatory action for purposes of Executive Order because it is not significant under Executive Order 12866. The NMFS Assistant Administrator has determined that this final rule is consistent with section 106 of the Driftnet Modernization and Bycatch Reduction Act, the Magnuson-Stevens Act, the Halibut Act, and other applicable law. However, as previously discussed, the fees collected as a result of this action may allow for increased flexibility in selecting annual management measures. However, NMFS notes that this action, and all other CHP program provisions not related to CHP transferability, apply equally to transferable and non-transferable CHPs. Furthermore, the timing of the comment period provided by the proposed rule in the off-season allowed fishery participants who might otherwise be busy in the fishery greater opportunity to comprehensively evaluate and comment on this action. Additionally, outreach events were held in several communities throughout Areas 2C and 3A and were scheduled during the off season, as this is when persons involved in the charter industry were most available.

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