[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR300.61]

[Page 733-735]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
        CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES
 
PART 300_INTERNATIONAL FISHERIES REGULATIONS--Table of Contents
 
                   Subpart E_Pacific Halibut Fisheries
 
Sec. 300.61  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the Act 
and the

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Convention, the terms used in this subpart have the following meanings. 
If a term is defined differently in Sec. 300.2, the Act, or the 
Convention, the definition in this section shall apply.
    Alaska Native tribe means, for purposes of the subsistence fishery 
for Pacific halibut in waters in and off Alaska, a Federally recognized 
Alaska Native tribe that has customary and traditional use of halibut 
and that is listed in Sec. 300.65(f)(2) of this part.
    Area 2A includes all waters off the States of California, Oregon, 
and Washington.
    Area 2C includes all waters off Alaska that are east of a line 
running 340[deg] true from Cape Spencer Light (58[deg] 11[min] 54[sec] 
N. lat., 136[deg] 38[min] 24[sec] W. long.) and south and east of a line 
running 205[deg] true from said light.
    Charter vessel means a vessel used for hire in sport fishing for 
halibut, but not including a vessel without a hired operator.
    Commercial fishing means fishing, the resulting catch of which 
either is, or is intended to be, sold or bartered but does not include 
subsistence fishing.
    Commission means the International Pacific Halibut Commission.
    Commission regulatory area means an area defined by the Commission 
for purposes of the Convention identified in 50 CFR 300.60 and 
prescribed in the annual management measures published pursuant to 50 
CFR 300.62.
    Customary trade means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska, the non-commercial exchange 
of subsistence halibut for anything other than items of significant 
value.
    Fishing means the taking, harvesting, or catching of fish, or any 
activity that can reasonably be expected to result in the taking, 
harvesting, or catching of fish, including specifically the deployment 
of any amount or component part of setline gear anywhere in the maritime 
area.
    Guideline harvest level (GHL) means a level of allowable halibut 
harvest by the charter vessel fishery.
    Halibut harvest means the catching and retaining of any halibut.
    Head-on length means a straight line measurement 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.
    Individual Fishing Quota (IFQ), for purposes of this subpart, means 
the annual catch limit of halibut that may be harvested by a person who 
is lawfully allocated a harvest privilege for a specific portion of the 
TAC of halibut.
    IFQ fishing trip, for purposes of the subpart, means the period 
beginning when a vessel operator commences harvesting IFQ halibut and 
ending when the vessel operator lands any species.
    IFQ halibut means any halibut that is harvested with setline or 
other hook and line gear while commercial fishing in any IFQ regulatory 
area defined at Sec. 679.2 of this title.
    Overall length of a vessel means the horizontal distance, rounded to 
the nearest ft/meter, between the foremost part of the stem and the 
aftermost part of the stern (excluding bowsprits, rudders, outboard 
motor brackets, and similar fittings or attachments).
    Person includes an individual, corporation, firm, or association.
    Rural means, for purposes of the subsistence fishery for Pacific 
halibut in waters in and off Alaska, a community or area of Alaska in 
which the non-commercial, customary and traditional use of fish and game 
for personal or family consumption is a principal characteristic of the 
economy or area and in which there is a long-term, customary and 
traditional use of halibut, and that is listed in Sec. 300.65(f)(1).
    Rural resident means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska, a person domiciled in a 
rural community listed in the table in Sec. 300.65(f)(1) of this part 
and who has maintained a domicile in a rural community listed in the 
table in Sec. 300.65(f)(1) for the 12 consecutive months immediately 
preceding the time when the assertion of residence is made, and who is 
not claiming residency in another state, territory, or country.
    Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached.
    Sport fishing means:
    (1) In regulatory area 2A, all fishing other than commercial fishing 
and treaty Indian ceremonial and subsistence fishing; and

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    (2) In waters in and off Alaska, all fishing other than commercial 
fishing and subsistence fishing.
    Subarea 2A-1 includes all U.S. waters off the coast of Washington 
that are north of 46[deg]53[min]18[sec] N. lat. and east of 
125[deg]44[min]00[sec] W. long., and all inland marine waters of 
Washington.
    Subsistence means, with respect to waters in and off Alaska, the 
non-commercial, long-term, customary and traditional use of halibut.
    Subsistence halibut means halibut caught by a rural resident or a 
member of an Alaska Native tribe for direct personal or family 
consumption as food, sharing for personal or family consumption as food, 
or customary trade.
    Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower Elwha 
S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, Quinault, 
Skokomish, Suquamish, Swinomish, and Tulalip tribes.

[61 FR 35550, July 5, 1996, as amended at 64 FR 52469, Sept. 29, 1999; 
68 FR 18156, Apr. 15, 2003; 68 FR 47264, Aug. 8, 2003; 72 FR 30727, June 
4, 2007]