96-14593. Fisheries of the Exclusive Economic Zone Off Alaska

[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31228-31304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14593]

[[Page 31227]]

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Part II

Department of Commerce

_______________________________________________________________________

National Oceanic and Atmospheric Administration

_______________________________________________________________________

15 CFR Part 902

50 CFR Part 671, et al.

Fisheries of the Exclusive Economic Zone Off Alaska; Final Rule

Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 671, 672, 673, 675, 676, 677, and 679

[Docket No. 960531152-6152-01; I.D. 042996B]
RIN 0648-AI18

Fisheries of the Exclusive Economic Zone Off Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is consolidating six parts in title 50 of the CFR as part
of the President's Regulatory Reform Initiative. This final rule does
not make substantive changes to the existing regulations; rather, it
reorganizes management measures into a more logical and cohesive order,
removes duplicative and outdated provisions, and makes editorial
changes for readability, clarity, and to achieve uniformity in
regulatory language. This final rule also amends references to
Paperwork Reduction Act (PRA) information-collection requirements to
reflect the consolidation. The purpose of this final rule is to make
the regulations more concise, better organized, and thereby easier for
the public to use.

EFFECTIVE DATE: July 1, 1996.

ADDRESSES: Copies of the final rule for this action may be obtained
from: Fisheries Management Division, Alaska Region, NMFS, 709 W. 9th
Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK
99802, Attn: Lori J. Gravel. Comments regarding burden-hour estimates
or other aspects of the collection-of-information requirements
contained in this rule should be sent to Fisheries Management Division,
Alaska Region, NMFS, at the above address and to the Office of
Information and Regulatory Affairs, OMB, Washington, DC 20503 (Attn:
NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory Reform
Initiative. This initiative is part of the National Performance Review
and calls for comprehensive regulatory reform. The President directed
all agencies to undertake a review of all their regulations, with an
emphasis on eliminating or modifying those that are obsolete,
duplicative, or otherwise in need of reform. This final rule is
intended to carry out the President's directive with respect to those
regulations implementing the Alaska fishery management plans (FMPs).
Domestic groundfish fisheries in the Exclusive Economic Zone (EEZ)
of the Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands
Management Area (BSAI) are managed by NMFS under the Fishery Management
Plan for Groundfish of the Gulf of Alaska, which is implemented by
regulations at 50 CFR part 672, and the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area, which
is implemented by regulations at 50 CFR part 675. The commercial
harvest of king and Tanner crabs is managed under the Fishery
Management Plan for the Commercial King and Tanner Crab Fisheries in
the Bering Sea and Aleutian Islands Area, which is implemented through
regulations at 50 CFR part 671. NMFS manages the commercial harvest of
scallops under the Fishery Management Plan for the Scallop Fishery off
Alaska, which is implemented through Federal regulations at 50 CFR part
673. Other Federal regulations that affect the Alaska groundfish and
crab fisheries are set out in 50 CFR parts 676 and 677. General
regulations that also pertain to these fisheries appear in subpart H of
50 CFR part 600. The FMPs were prepared by the North Pacific Fishery
Management Council under the authority of the Magnuson Fishery
Conservation and Management Act.
Consolidation of regulations related to the domestic fisheries in
the EEZ off Alaska into one CFR part (50 CFR part 679). Currently,
regulations implementing the FMPs for domestic groundfish and scallop
fisheries, and the commercial king and Tanner crab fisheries in the
BSAI area are contained in six separate parts of title 50 of the CFR,
in addition to general provisions for foreign fisheries contained in
part 600. NMFS, through this rulemaking, removes the six parts (50 CFR
parts 671, 672, 673, 675, 676, and 677) and consolidates the
regulations contained therein into one new part (50 CFR part 679). This
consolidated regulation provides the public with a single reference
source for the Federal fisheries regulations specific to the EEZ off
Alaska. The restructuring of the six parts into a single part results
in one set of regulations that is more concise, clearer, and easier to
use than the six separate parts. The consolidation and restructuring of
the general fisheries regulations at 50 CFR part 620 into part 600 is
done in a separate rulemaking action; many provisions in these general
fisheries regulations apply to the fisheries in the EEZ off Alaska.
Reorganization of management measures within the consolidated
regulations and elimination of obsolete or duplicative provisions. In
new part 679, NMFS has reorganized the consolidated management measures
in a more logical and cohesive order. Because portions of the existing
regulations contain identical or nearly identical provisions, similar
measures have been combined and restructured. For example, certain GOA
and BSAI groundfish management measures for gear requirements and
restrictions, fishing seasons, and inseason adjustments previously
contained in 50 CFR parts 672 and 675 have been combined and
reorganized within subpart B of part 679. Paragraph headings have been
added for ease in identifying measures, and regulatory language has
been revised to improve clarity and consistency.
As a result of the consolidation effort, NMFS also identified
duplicative and obsolete provisions and removed those measures from the
regulations. The terms ``joint venture processing (JVP)'' and ``total
allowable level of foreign fishing (TALFF)'' are removed from the
regulations, since all fishing in the EEZ off Alaska is done by the
domestic fishing fleet. Where time was referenced as 2359 hours, a
change was made to 2400 hours for more accuracy. Text referring to the
BSAI Winter Halibut Savings Area was removed, since it no longer is
used as a management measure. No substantive changes were made to the
regulations by this reorganization, or by the removal of duplicative
and obsolete provisions.
Revisions to PRA references in 15 CFR 902.1(b). Section
3507(c)(B)(i) of the PRA requires that agencies inventory and display a
current control number assigned by the Director, Office of Management
and Budget (OMB), for each agency information collection. Section
902.1(b) identifies the location of NOAA regulations for which OMB
approval numbers have been issued. Because this final rule recodifies
many recordkeeping and reporting requirements, 15 CFR 902.1(b) is
revised to reference correctly the new sections resulting from the
consolidation.
Under NOAA Organization Handbook, Transmital #34, dated May 31,
1993, the Under Secretary for

[[Page 31229]]

Oceans and Atmosphere has delegated to the Assistant Administrator for
Fisheries, NOAA, the authority to sign material for publication in the
Federal Register.

Classification

This action has been determined to be not significant for purposes
of E.O. 12866.
Because this rule makes only nonsubstantive changes to existing
regulations originally issued after prior notice and an opportunity for
public comment, the Assistant Administrator for Fisheries, NOAA, under
5 U.S.C. 553(b)(B), for good cause finds that providing such procedures
for this rulemaking is unnecessary. Because this rule is not
substantive, it is not subject to a 30-day delay in effective date
under 5 U.S.C. 553(d).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB control number.
This rule contains collection-of-information requirements subject
to the PRA. The following collections of information have already been
approved by OMB:
(a) Approved under 0648-0206--Alaska permits: (1) Permit
application for Federal fisheries permit estimated at 0.33 hour per
response, (2) permit application for high seas power trollers in salmon
fishery (currently proposed for withdrawal) estimated at 0.50 hour per
response, and (3) permit application for experimental fishing estimated
at 30 hours per response.
(b) Approved under 0648-0213--Alaska Region Logbook Family of
Forms: (1) Buying Station Daily Cumulative Logbook (DCL) estimated at
0.42 hour per response, (2) Buying Station Check-in/Check-out Report
estimated at 0.10 hour per response, (3) Daily Cumulative Production
Logbook (DCPL) estimated at 0.45 hour per response, (4) Daily Fishing
Logbook (DFL) estimated at 0.25 hour per response, (5) Weekly
Production Report (WPR) estimated at 0.30 hour per response, (6) Daily
Production Report (DPR) estimated at 0.17 hour per response, (7)
Product Transfer Reports estimated at 0.18 hour per response, (8)
Processor Check-in/Check-out Reports estimated at 0.13 hour per
response, (9) U.S. Vessel Activity Report (VAR) estimated at 0.25 hour
per response, and (10) Alaska Commercial Operator's Annual Report
(ACOAR) estimated at 6 hours per response.
(c) Approved under 0648-0269--Western Alaska Community Development
Quota (CDQ) Program: (1) Community Development Plan (CDP) application
estimated at 160 hours per response, (2) annual report estimated at 40
hours for each annual report, (3) each final report estimated at 40
hours, (4) each substantial amendment to a pollock fishery CDP
estimated at 30 hours, and technical amendments estimated at 4 hours,
(5) each amendment to a sablefish/halibut fishery CDP estimated at 10
hours, (6) appeal of a Quota Share (QS) application for the sablefish/
halibut CDQ program estimated at 4 hours, (7) annual reconciliation
budget report for pollock estimated at 40 hours, (8) for the pollock
CDQ fishery, reporting requirements also include catch messages
estimated at 5 minutes per response, scale printout retention estimated
at 8 minutes per response, bin certification estimated at 8 hours per
response, and notifications of CDQ landings estimated at 2 minutes per
response, and (9) for the sablefish/halibut CDQ fishery, reporting
requirements include changes to the list of CDQ cardholders estimated
at 0.5 hour per response, changes to sablefish/halibut CDP's list of
vessels estimated at 1 hour per response, and replacement of CDQ
permits and cards estimated at 0.5 hour per response.
(d) Approved under 0648-0272--IFQ Program: (1) Estimated response
time during the 2-year implementation period is expected to be 5.5
hours for the QS application, (2) 4 hours to file an appeal on a QS
application, (3) 2 hours for an IFQ crew member eligibility
application, (4) estimated response time during each year after the
implementation period is 1 hour for notification of inheritance of QS,
(5) 2 hours for the application for transfer or lease of QS/IFQ, (6) 2
hours for the corporate/ partnership or other entity transfer
application, (7) 0.5 hour for the registered buyer application, (8) 0.5
hour per request for application for additional card, (9) 0.2 hour for
prior notice of landing, (10) 0.1 hour for permission to land IFQs at
any time other than 0600-1800 hours, (11) 0.1 hour for the vessel
clearance application, (12) 0.2 hour for the IFQ landing report, (13)
0.1 hour for a transshipment notice, (14) 0.2 hour for the shipment or
transfer report, and (15) application for transfer of IFQ estimated at
2 hours per response.
(e) Approved under 0648-0280--North Pacific Fisheries Research Plan
(Research Plan): (1) 0.5 hour per response for completing the
semiannual FPP-1, (2) 0.25 hour per response for notifying contractors
of needs for observers, (3) 1.0 hour per response to provide
information to document claims of disputed bills, and (4) 0.16 hour per
response for the first year of the Research Plan for completion of FPP-
2 by observer contractors for payment of observer coverage by processor
vessels and shoreside processing facilities.
(f) Approved under 0648-0282--Alaska Groundfish and Crab Vessel
Moratorium Program: (1) Federal groundfish and BSAI crab permit
application estimated at 0.33 hour per response, (2) application for
transfer of moratorium permit estimated at 0.5 hour per response, (3)
reconstruction reporting requirement estimated at 0.5 hour per
response, (4) transfer of lost or destroyed vessel moratorium
qualification reporting requirement estimated at 0.5 hour per response,
(5) salvage of lost or destroyed vessel reporting requirement estimated
at 0.5 hour per response, (6) halibut supplementary information
reporting requirement estimated at 0.5 hour per response, and (7) time
to file an appeal estimated at 0.5 hour per appeal.
(g) Approved under 0648-0305--Estimated response time for
identification of longline marker buoys is 0.25 hour per buoy.
(h) Approved under 0648-0307--Net-sounder device required for
pelagic trawl gear when trawling in waters of the EEZ in the vicinity
around Kodiak Island: Estimated time to snap-on device and to remove
device each time it is used is 5 minutes (10 minutes per tow). North
Pacific Fisheries Research Plan electronic transmission of observer
data: Estimated time for installation of equipment varies with type of
Inmarsat Communication Unit being installed on board the vessel. For
Standard A unit, installation is estimated at 9 hours per vessel. For
Standard C units, installation is estimated at 13 hours per vessel.
The estimated response times shown include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding burden estimates, or
any other aspect of the data requirements, including suggestions for
reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and Recordkeeping Requirements.

50 CFR Part 671

Fisheries, Fishing, Reporting and recordkeeping requirements.

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50 CFR Parts 672, 675, 677, and 679

Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 673

Fisheries.

50 CFR Part 676

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: June 4, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 15 CFR chapter IX and,
under the authority of 16 U.S.C. 773 et seq. and 16 U.S.C. 1801 et
seq., 50 CFR chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

1. The authority citation for part 902 continues to read as
follows:

Authority: 44 U.S.C. 3501 et seq.

2. In Sec. 902.1, paragraph (b), the table is amended by removing
in the left column under 50 CFR, the entries ``672.4'', ``672.5'',
``672.6'', ``672.24'', ``674.4'', ``675.4'', ``675.5'', ``675.6'',
``675.24'', ``675.27'', ``676.3'', ``676.4'', ``676.5'', ``676.13'',
``676.14'', ``676.17'', ``676.20'', ``676.21'', ``676.25'', ``677.4'',
``677.6'', and ``677.10'' and by removing in the right column the
control numbers in corresponding positions; and by adding, in numerical
order, the following entries to read as follows:

Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act

* * * * *
(b) * * *

------------------------------------------------------------------------
CFR part or section where the
information collection requirement is Current OMB control number (all
located numbers begin with 0648-)
------------------------------------------------------------------------

* * * * *
50 CFR:

* * * * *
679.4................................ 0206, 0272, 0280, and 0282
679.5................................ 0213, 0272
679.6................................ 0206
679.24............................... 0305, 0307
679.30............................... 0269
679.32............................... 0269
679.33............................... 0269
679.34............................... 0269
679.40............................... 0213, 0272
679.41............................... 0272
679.42............................... 0272
679.43............................... 0272, 0282
679.50............................... 0280
679.51............................... 0280, 0307
679.52............................... 0280, 0307
------------------------------------------------------------------------

* * * * *

3. Parts 671, 672, 673, 675, 676, and 677 [Removed]

3. Parts 671, 672, 673, 675, 676, and 677 are removed.
4. Part 679 is added to read as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

Subpart A--General

Sec.
679.1 Purpose and scope.
679.2 Definitions.
679.3 Relation to other laws.
679.4 Permits.
679.5 Recordkeeping and reporting.
679.6 Experimental fisheries.
679.7 Prohibitions.
679.8 Facilitation of enforcement.
679.9 Penalties.

Subpart B--Management Measures

679.20 General limitations.
679.21 Prohibited species bycatch management.
679.22 Closures.
679.23 Seasons.
679.24 Gear limitations.
679.25 Inseason adjustments.

Subpart C--Western Alaska Community Development Quota Program

679.30 General CDQ regulations.
679.31 CDQ reserve.
679.32 Estimation of total pollock harvest in the CDQ fisheries
(applicable through December 31, 1998).
679.33 Halibut and sablefish CDQ.
679.34 CDQ halibut and sablefish determinations and appeals.

Subpart D--Individual Fishing Quota Management Measures

679.40 Sablefish and halibut QS.
679.41 Transfer of QS and IFQ.
679.42 Limitations on use of QS and IFQ.
679.43 Determinations and appeals.
679.44 Penalties.

Subpart E--Observer Requirements/North Pacific Fisheries Research Plan

679.50 Research Plan fee.
679.51 General observer requirements (applicable through December
31, 1996).
679.52 Observer coverage requirements for Research Plan fisheries
(applicable after December 31, 1996).
679.53 Annual Research Plan specifications.
679.54 Compliance.

Subpart F--Scallop Fishery off Alaska

679.60 Prohibitions.
Figures--Part 679
Figure 1--BSAI Statistical and Reporting Areas
Figure 2--BSAI Catcher Vessel Operational Area
Figure 3--Gulf of Alaska Statistical and Reporting Areas
Figure 4--Herring Savings Areas in the BSAI
Figure 5--Kodiak Island Areas Closed to Nonpelagic Trawl Gear
Figure 6--Length Overall of a Vessel
Figure 7--Location of Trawl Gear Test Areas in the GOA and the BSAI
Tables--Part 679
Table 1--Product Codes
Table 2--Species Codes
Table 3--Product Recovery Rates for Groundfish Species
Table 4--Bering Sea Subarea Steller Sea Lion Protection Areas
Table 5--Aleutian Islands Subarea Steller Sea Lion Protection Areas
Table 6--Gulf of Alaska Steller Sea Lion Protection Areas
Table 7--Communities Determined to be Eligible to Apply for
Community Development Quotas
Table 8--Harvest Zone Codes for Use with Product Transfer Reports
and Vessel Activity Reports
Table 9--Required Logbooks, Reports, and Forms from Participants in
the Federal Groundfish Fisheries
Table 10--Gulf of Alaska Retainable Percentages
Table 11--Bering Sea and Aleutian Islands Management Area Retainable
Percentages

Authority: 16 U.S.C. 773 et seq., 1801 et seq.

Subpart A--General

Sec. 679.1 Purpose and scope.

Regulations in this part were developed by the Council under the
Magnuson Act. Along with part 600 of this chapter, these regulations
implement the following:
(a) Fishery Management Plan for Groundfish of the Gulf of Alaska.
(1) Regulations in this part govern commercial fishing for groundfish
in the GOA by vessels of the United States (see subparts A, B, D, and E
of this part).
(2) The following State of Alaska regulations are not preempted by
this part for vessels regulated under this part fishing for demersal
shelf rockfish in the Southeast Outside District, and which are
registered under the laws of the State of Alaska: 5 AAC 28.110, fishing
seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC
28.190, harvest of bait by commercial permit holders.
(b) Fishery Management Plan for the Groundfish Fishery of the
Bering Sea and Aleutian Islands Area. Regulations in this part govern
commercial fishing for groundfish in the BSAI by vessels of

[[Page 31231]]

the United States (see subparts A, B, C, D, and E of this part).
(c) Moratorium on entry (applicable through December 31, 1998).
Regulations in this part govern a moratorium on the entry of new
vessels in the commercial fisheries for groundfish in the GOA and BSAI
and in the commercial fisheries for king and Tanner crabs in the BSAI
(see subparts A and D of this part).
(d) IFQ Program for sablefish and halibut. The IFQ management plan
for the commercial fisheries that use fixed gear to harvest sablefish
and halibut (see subparts A, B, D, and E of this part).
(1) Sablefish. (i) Regulations in this part govern commercial
fishing for sablefish by vessels of the United States:
(A) Using fixed gear within that portion of the GOA and the BSAI
over which the United States exercises exclusive fishery management
authority; and
(B) Using fixed gear in waters of the State of Alaska adjacent to
the BSAI and the GOA, provided that such fishing is conducted by
persons who have been issued permits under Sec. 679.4.
(ii) Regulations in this part do not govern commercial fishing for
sablefish in Prince William Sound or under a State of Alaska limited
entry program.
(2) Halibut. Regulations in this part govern commercial fishing for
halibut by vessels of the United States using fixed gear, as that term
is described in 16 U.S.C. 773(d), in and off of Alaska.
(e) Western Alaska CDQ Program. The goals and purpose of the CDQ
program are to allocate CDQ to eligible Western Alaska communities to
provide the means for starting or supporting commercial seafood
activities that will result in ongoing, regionally based, commercial
seafood or related businesses (see subparts A, B, C, and E of this
part).
(f) Observer requirements/Research Plan. Regulations in this part
govern elements of the Research Plan for the following fisheries under
the Council's authority: BSAI groundfish, GOA groundfish, BSAI king and
Tanner crab in the EEZ; and halibut from Convention waters off Alaska
(see subpart E of this part).
(g) Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries in the BSAI. Regulations in this part govern commercial
fishing for king and Tanner crab in the BSAI by vessels of the United
States, including regulations superseding State of Alaska regulations
applicable to the commercial king and Tanner crab fisheries in the BSAI
EEZ that are determined to be inconsistent with the FMP (see subparts
A, B, and E of this part).
(h) Scallops. Regulations in this part implement Federal authority
under the Magnuson Act to manage the scallop fishery in the EEZ off
Alaska and to govern commercial fishing for scallops in the EEZ off
Alaska (see subpart F of this part).

Sec. 679.2 Definitions.

In addition to the definitions in the Magnuson Act and in part 600
of this chapter, the terms used in this part have the following
meanings:
Active/inactive periods--(1) Active periods--(i) Catcher vessel. An
active period for a catcher vessel means a period of time when the
catcher vessel is in a reporting area (except 300, 400, 550, or 690) or
gear remains on the grounds in a reporting area (except 300, 400, 550,
or 690), regardless of the vessel location.
(ii) Shoreside processor, mothership, catcher/processor, and buying
station. An active period for a shoreside processor, mothership,
catcher/processor, and buying station means a period of time when
checked in.
(2) Inactive periods--(i) Catcher vessel. An inactive period for a
catcher vessel means any period that does not qualify as an active
period.
(ii) Shoreside processor, mothership, catcher/processor, or buying
station. An inactive period for a shoreside processor, mothership,
catcher/processor, or buying station means a period of time when not
checked in.
ADF&G means the State of Alaska Department of Fish and Game.
Alaska local time (A.l.t.) means the current Alaska time, either
daylight savings time or standard time.
Alaska State waters means waters adjacent to the State of Alaska
and shoreward of the EEZ off Alaska.
Aleutian Islands Subarea (AI) of the BSAI means that portion of the
EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 of
this part).
Authorized fishing gear means fixed gear, hook-and-line, jig,
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, and trawl; defined as follows:
(1) Fixed gear means:
(i) For sablefish harvested from any GOA reporting area, all hook-
and-line gear and, for purposes of determining initial IFQ allocation,
all pot gear used to make a legal landing.
(ii) For sablefish harvested from any BSAI reporting area, all
hook-and-line gear and all pot gear.
(iii) For halibut harvested from any IFQ regulatory area, all
fishing gear comprised of lines with hooks attached, including one or
more stationary, buoyed, and anchored lines with hooks attached.
(2) Hook-and-line means a stationary, buoyed, and anchored line
with hooks attached, or the taking of fish by means of such a device.
(3) Jig means a single, non-buoyed, non-anchored line with hooks
attached, or the taking of fish by means of such a device.
(4) Longline means a stationary, buoyed, and anchored line with
hooks or two or more groundfish pots attached, or the taking of fish by
means of such a device.
(5) Longline pot means a stationary, buoyed, and anchored line with
two or more pots attached, or the taking of fish by means of such a
device.
(6) Nonpelagic trawl means a trawl other than a pelagic trawl.
(7) Nontrawl means hook-and-line, jig, longline, and pot-and-line
gear.
(8) Pelagic trawl means a trawl that:
(i) Has no discs, bobbins, or rollers;
(ii) Has no chafe protection gear attached to the footrope or
fishing line;
(iii) Except for the small mesh allowed under paragraph (8)(ix) of
this definition:
(A) Has no mesh tied to the fishing line, headrope, and breast
lines with less than 20 inches (50.8 cm) between knots and has no
stretched mesh size of less than 60 inches (152.4 cm) aft from all
points on the fishing line, headrope, and breast lines and extending
past the fishing circle for a distance equal to or greater than one
half the vessel's LOA; or
(B) Has no parallel lines spaced closer than 64 inches (162.6 cm)
from all points on the fishing line, headrope, and breast lines and
extending aft to a section of mesh, with no stretched mesh size of less
than 60 inches (152.4 cm) extending aft for a distance equal to or
greater than one half the vessel's LOA;
(iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft
of the mesh described in paragraph (8)(iii) of this definition for a
distance equal to or greater than one half the vessel's LOA;
(v) Contains no configuration intended to reduce the stretched mesh
sizes described in paragraphs (8)(iii) and (iv) of this definition;
(vi) Has no flotation other than floats capable of providing up to
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder
device;
(vii) Has no more than one fishing line and one footrope for a
total of no more than two weighted lines on the bottom of the trawl
between the wing tip and the fishing circle;
(viii) Has no metallic component except for connectors (e.g.,

[[Page 31232]]

hammerlocks or swivels) or a net-sounder device aft of the fishing
circle and forward of any mesh greater than 5.5 inches (14.0 cm)
stretched measure;
(ix) May have small mesh within 32 ft (9.8 m) of the center of the
headrope as needed for attaching instrumentation (e.g., net-sounder
device); and
(x) May have weights on the wing tips.
(9) Pot-and-line means a stationary, buoyed line with a single pot
attached, or the taking of fish by means of such a device.
(10) Trawl has the meaning specified in Sec. 600.10 of this
chapter. For purposes of this part, this definition includes, but is
not limited to, Danish seines and otter trawls.
Basis species means any species or species group that is open to
directed fishing that the vessel is authorized to harvest.
Bering Sea and Aleutian Islands Management Area (BSAI) means the
Bering Sea and Aleutian Islands subareas (see Figure 1 of this part).
Bering Sea Subarea of the BSAI means that portion of the EEZ
contained in Statistical Areas 508, 509, 512, 513, 514, 516, 517, 518,
519, 521, 523, 524, and 530 (see Figure 1 of this part).
Bimonthly refers to a time period equal to 2 calendar months. For
purposes of the Research Plan, six consecutive bimonthly periods are
established each year, as follows: January 1--February 29; March 1--
April 30; May 1--June 30; July 1--August 31; September 1--October 31;
and November 1--December 31.
Bogoslof District means that part of the Bering Sea Subarea
contained in Statistical Area 518 (see Figure 1 of this part).
Breast line means the rope or wire running along the forward edges
of the side panels of a net, or along the forward edge of the side rope
in a rope trawl.
Buying station means:
(1) With respect to groundfish recordkeeping and reporting, a
person or vessel that receives unprocessed groundfish from a vessel for
delivery at a different location to a shoreside processor or mothership
and that does not process those fish.
(2) With respect to Research Plan, a person or vessel that receives
unprocessed fish from a vessel for delivery to a shoreside processor or
mothership and that does not process those fish.
Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 508, 509, 512, and 516 (see Figure 1 of this part).
Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 513, 517, and 521 (see Figure 1 of this part).
Bycatch rate means:
(1) For purposes of Sec. 679.21(f) with respect to halibut, means
the ratio of the total round weight of halibut, in kilograms, to the
total round weight, in metric tons, of groundfish for which a TAC has
been specified under Sec. 679.20 while participating in any of the
fisheries defined under Sec. 679.21(f).
(2) For purposes of Sec. 679.21(f) with respect to red king crab,
means the ratio of number of red king crab to the total round weight,
in metric tons, of BSAI groundfish for which a TAC has been specified
under Sec. 679.20 while participating in the BSAI yellowfin sole and
BSAI ``other trawl'' fisheries, as defined under Sec. 679.21(f).
Bycatch species means any species or species group for which a
maximum retainable bycatch amount is calculated.
Catcher/processor means:
(1) With respect to groundfish recordkeeping and reporting, a
vessel that is used for catching fish and processing that fish.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish or crab species, a vessel that can be used as a
catcher vessel and that can process or prepare fish to render it
suitable for human consumption, industrial use, or long-term storage,
including, but not limited to, cooking, canning, smoking, salting,
drying, freezing, and rendering into meal or oil, but not including
heading and gutting unless additional preparation is done.
(3) With respect to Research Plan fisheries, a processor vessel
that is used for, or equipped to be used for, catching fish and
processing that fish.
Catcher vessel means:
(1) With respect to groundfish recordkeeping and reporting, a
vessel that is used for catching fish and that does not process on
board.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish, as defined in paragraph (1) of this definition;
with respect to moratorium crab species, a vessel that is used to
catch, take, or harvest moratorium crab species that are retained on
board as fresh fish product at any time.
(3) With respect to IFQ species, a vessel that is used to catch,
take, or harvest fish that are subsequently iced, headed, gutted, bled,
or otherwise retained as fresh fish product on board during any fishing
year, except when the freezer vessel definition applies during any
fishing trip.
(4) With respect to the Research Plan, a vessel that is used for
catching fish and processing that fish.
Catcher Vessel Operational Area (CVOA) (see Figure 2 of this part
and Sec. 679.22(a)(5)).
Central Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 542 (see Figure 1 of this part).
Chief, RAM Division means Chief of the Restricted Access Management
Division, NMFS, Alaska Region.
Chinook Salmon Savings Area of the BSAI (see
Sec. 679.21(e)(7)(vii)(B)).
Chum Salmon Savings Area of the BSAI CVOA (see
Sec. 679.21(e)(7)(vi)(B)).
Clearing officer means a NMFS special agent, a NMFS fishery
enforcement officer, or a NMFS enforcement aide who performs the
function of clearing vessels at one of the primary ports listed in
Sec. 679.5(l)(3)(viii).
Commissioner of ADF&G means the principal executive officer of
ADF&G.
Community Development Plan (CDP)(applicable through December 31,
1998) means a business plan for the development of a specific Western
Alaska community or group of communities under the CDQ Program at
Sec. 679.30.
Community Development Quota (CDQ) (applicable through December 31,
1998) means a percentage of the CDQ reserve for a particular fish
species that is allocated to a CDP.
Community Development Quota Program (CDQ Program) (applicable
through December 31, 1998) means the Western Alaska Community
Development Quota Program implemented under subpart C of this part.
Community Development Quota Reserve (CDQ Reserve) (applicable
through December 31, 1998) means a percentage of the TAC for a
particular management area for pollock, halibut, or hook-and-line
sablefish that has been set aside for purposes of the CDQ program.
Council means North Pacific Fishery Management Council.
Daily reporting period or day is the period from 0001 hours,
A.l.t., until the following 2400 hours, A.l.t.
Directed fishing means:
(1) With respect to groundfish recordkeeping and reporting, any
fishing activity that results in the retention of an amount of a
species or species group on board a vessel that is greater than the
maximum retainable bycatch amount for that species or species group as
calculated under Sec. 679.20.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish species, directed fishing as

[[Page 31233]]

defined in paragraph (1) of this definition, or, with respect to
moratorium crab species, the catching and retaining of any moratorium
crab species.
Dockside sale means the transfer of IFQ halibut or IFQ sablefish
from the person who harvested it to individuals for personal
consumption, and not for resale.
Donut Hole means the international waters of the Bering Sea outside
the limits of the EEZ and Russian economic zone as depicted on the
current edition of NOAA chart INT 813 Bering Sea (Southern Part).
Eastern Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 541 (see Figure 1 of this part).
Exvessel price means the price in dollars received by a harvester
for fish from Research Plan fisheries. Exvessel price excludes any
value added by processing.
Federal waters means waters within the EEZ off Alaska.
Fee percentage means the annually calculated assessment rate, in
percent of exvessel value of Research Plan fisheries, used to determine
fee assessments under the Research Plan.
Fish product weight means the weight of the fish product in pounds
or to at least the nearest hundredth of a metric ton (0.01 mt). Fish
product weight is based upon the number of production units and the
weight of those units. Production units include pans, cartons, blocks,
trays, cans, bags, and individual fresh or frozen fish. The weight of a
production unit is the average weight of representative samples of the
product, and may include additives, but not packaging. Any allowance
for water added cannot exceed 5 percent of the gross product weight
(fish, additives, and water).
Fishermen means persons who catch, take, or harvest fish.
Fishing circle means the circumference of a trawl intersecting the
center point on a fishing line, and that is perpendicular to the long
axis of a trawl.
Fishing day means a 24-hour period, from 0001 hours, A.l.t.,
through 2400 hours, A.l.t., in which fishing gear is retrieved and
groundfish, halibut, or king or Tanner crab are retained. Days during
which a vessel only delivers unsorted codends to a processor are not
fishing days.
Fishing line means a length of chain or wire rope in the bottom
front end of a trawl to which the webbing or lead ropes are attached.
Fishing month refers to a time period calculated on the basis of
weekly reporting periods as follows: Each fishing month begins on the
first day of the first weekly reporting period that has at least 4 days
in the associated calendar month and ends on the last day of the last
weekly reporting period that has at least 4 days in that same calendar
month. Dates of each fishing month will be announced in the Federal
Register published under Sec. 679.21(f)(5).
Fishing trip means:
(1) With respect to groundfish directed fishing standards, an
operator of a vessel is engaged in a fishing trip from the time the
harvesting, receiving, or processing of groundfish is begun or resumed
until:
(i) The offload or transfer of all groundfish or groundfish product
from that vessel;
(ii) The vessel enters or leaves an area to which a directed
fishing prohibition applies; or
(iii) The end of a weekly reporting period, whichever comes first.
(2) With respect to the IFQ Program, the period beginning when a
vessel operator commences harvesting IFQ species and ending when the
vessel operator lands any species.
(3) With respect to the Research Plan, one of the following:
(i) For a vessel used to process groundfish or a catcher vessel
used to deliver groundfish to a mothership, a weekly reporting period
during which one or more fishing days occur.
(ii) For a catcher vessel used to deliver fish to other than a
mothership, the time period during which one or more fishing days
occur, that starts on the day when fishing gear is first deployed and
ends on the day the vessel offloads groundfish, halibut, or king or
Tanner crab; returns to an Alaskan port; or leaves the EEZ off Alaska
and adjacent waters of the State of Alaska.
Fishing year means 0001 hours, A.l.t., on January 1, through 2400
hours, A.l.t., on December 31 (see Sec. 679.23).
Footrope means a chain or wire rope attached to the bottom front
end of a trawl and attached to the fishing line.
Freezer vessel means any vessel that is used to process some or all
of its catch during any fishing trip.
Gear deployment means:
(1) For trawl gear: Where the trawl gear reaches the fishing level
and begins to fish.
(2) For jig/troll, hook-and-line, or longline gear: Where the gear
enters the water.
(3) For pot-and-line gear: Where the first pot enters the water.
Gear retrieval means:
(1) For trawl gear: Where retrieval of trawl cable commences.
(2) For jig/troll gear: Where the jig/troll gear leaves the water.
(3) For hook-and-line or longline pot gear: Where the last hook-
and-line or longline pot gear of a set leaves the water, regardless of
where the majority of the haul or set took place.
(4) For pot-and-line gear: Where the last pot of a set leaves the
water.
Governor means the Governor of the State of Alaska.
Groundfish means target species and the ``other species'' category,
specified annually pursuant to Sec. 679.20(a)(2).
Gulf of Alaska (GOA) means that portion of the EEZ contained in
Statistical Areas 610, 620, 630, 640, and 650 (see Figure 3 of this
part).
Halibut means Pacific halibut (Hippoglossus stenolepis).
Halibut CDQ reserve means the amount of the halibut catch limit for
IPHC regulatory areas 4B, 4C, 4D, and 4E that is reserved for the
halibut CDQ program (see Sec. 679.31(b)).
Harvesting or to harvest means the catching and retaining of any
fish.
Headrope means a rope bordering the top front end of a trawl.
Herring Savings Area means any of three areas in the BSAI presented
in Figure 4 (see also Sec. 679.21(e)(7)(v) for additional closure
information).
Individual means a natural person who is not a corporation,
partnership, association, or other such entity.
Individual fishing quota (IFQ) means the annual catch limit of
sablefish or halibut that may be harvested by a person who is lawfully
allocated a harvest privilege for a specific portion of the TAC of
sablefish or halibut.
IFQ crew member means any individual who has at least 150 days
experience working as part of the harvesting crew in any U.S.
commercial fishery, or any individual who receives an initial
allocation of QS. For purposes of this definition, ``harvesting'' means
work that is directly related to the catching and retaining of fish.
Work in support of harvesting, but not directly involved with
harvesting, is not considered harvesting crew work. For example,
searching for fish, work on a fishing vessel only as an engineer or
cook, or work preparing a vessel for a fishing trip would not be
considered work of a harvesting crew.
IFQ halibut means any halibut that is harvested with fixed gear in
any IFQ regulatory area.
IFQ landing means the unloading or transferring of any IFQ halibut,
IFQ sablefish, or products thereof from the vessel that harvested such
fish.
IFQ regulatory area means:
(1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
or 4E as defined in part 301 of this title.
(2) With respect to IFQ sablefish, any of the three regulatory
areas in the GOA

[[Page 31234]]

and any subarea of the BSAI, and all waters of the State of Alaska
between the shore and the inshore boundary of such regulatory areas and
subareas, except waters of Prince William Sound and areas in which
sablefish fishing is managed under a State of Alaska limited entry
program.
IFQ sablefish means any sablefish that is harvested with fixed
gear, either in the EEZ off Alaska or in waters of the State of Alaska,
by persons holding an IFQ permit, but does not include sablefish
harvested in Prince William Sound or under a State of Alaska limited
entry program.
Inshore component (applicable through December 31, 1998) means the
following three categories of the U.S. groundfish fishery that process
pollock harvested in a directed fishery for pollock in the GOA or BSAI,
or Pacific cod harvested in a directed fishery for Pacific cod in the
GOA, or both:
(1) Shoreside processing operations.
(2) Vessels less than 125 ft (38.1 m) in LOA, that process no more
than 126 mt per week in round-weight equivalents of an aggregate amount
of those fish.
(3) Vessels that process those fish at a single geographic location
in Alaska State waters during a fishing year. For the purposes of this
definition, NMFS will determine the single geographic location in a
fishing year for an individual processor from the geographic
coordinates the vessel operator reports on the check-in report
(Sec. 679.5(h)) when that vessel first engages in processing those
fish.
IPHC means International Pacific Halibut Commission (see part 301
of this title).
King crab means red king crab (Paralithodes camtschatica), blue
king crab (P. platypus), brown (or golden) king crab (Lithodes
aequispina), and scarlet (or deep sea) king crab (Lithodes couesi).
Landing means offloading fish.
Legal landing (applicable through December 31, 1998) means any
amount of a moratorium species that was or is landed in compliance with
Federal and state commercial fishing regulations in effect at the time
of the landing.
Legal landing of halibut or sablefish (see Sec. 679.40(a)(3)(v)).
Length overall (LOA) of a vessel means the horizontal distance,
rounded to the nearest foot, 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 (see Figure 6 of
this part; see also maximum LOA, original qualifying LOA, and
reconstruction).
Logbook means Daily Cumulative Production Logbook (DCPL), Daily
Cumulative Logbook (DCL), or a Daily Fishing Logbook (DFL) required by
Sec. 679.5.
Lost or destroyed vessel (applicable through December 31, 1998)
means a vessel that has sunk at sea or has been destroyed by fire or
other accident and has been reported to the USCG on USCG Form 2692,
Report of Marine Casualty.
Management area means any district, regulatory area, subpart, part,
or the entire GOA or BSAI.
Manager, with respect to any shoreside processor or buying station,
means the individual responsible for the operation of the shoreside
processor operation or buying station.
Maximum LOA (applicable through December 31, 1998), with respect to
a vessel's eligibility for a moratorium permit, means:
(1) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times
the original qualifying LOA or 125 ft (38.1 m), whichever is less.
(2) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is equal to or greater than 125 ft (38.1
m), the original qualifying LOA.
(3) For an original qualifying vessel under reconstruction on June
24, 1992, the LOA on the date reconstruction was completed, provided
that maximum LOA is certified under Sec. 679.4(c)(9).
Moratorium crab species (applicable through December 31, 1998)
means species of king or Tanner crabs harvested in the BSAI, the
commercial fishing for which is governed by this part.
Moratorium groundfish species (applicable through December 31,
1998) means species of groundfish, except sablefish caught with fixed
gear, harvested in the GOA or in the BSAI, the commercial fishing for
which is governed by this part.
Moratorium qualification (applicable through December 31, 1998)
means a transferable prerequisite for a moratorium permit.
Moratorium species (applicable through December 31, 1998) means any
moratorium crab species or moratorium groundfish species.
Mothership means:
(1) A vessel that receives and processes groundfish from other
vessels; or
(2) With respect to the Research Plan, a processor vessel that
receives and processes fish from other vessels and is not used for, or
equipped to be used for, catching fish.
Net-sounder device means a sensor used to determine the depth from
the water surface at which a fishing net is operating.
Non-allocated or nonspecified species means those fish species,
other than prohibited species, for which TAC has not been specified
(e.g., grenadier, prowfish, lingcod).
Observed or observed data refers to data collected by observers who
are certified under the NMFS Observer Program (see Sec. 679.21(f)(7)
and subpart E of this part).
Observer means any person certified under the NMFS Observer Program
(see subpart E of this part).
Offshore component (applicable through December 31, 1998) means all
vessels not included in the definition of ``inshore component'' that
process pollock caught in directed fisheries for pollock in the GOA or
BSAI, or Pacific cod caught in directed fisheries for Pacific cod in
the GOA, or both.
Optimum yield (OY) (see Sec. 679.20(a)(1)).
Original qualifying LOA (applicable through December 31, 1998)
means the LOA of the original moratorium qualifying vessel on June 24,
1992.
Original qualifying vessel (applicable through December 31, 1998)
means a vessel that made a legal landing during the moratorium
qualifying period.
Other species is a category that consists of groundfish species in
each management area that are not specified as target species (see
Table 1 of the specifications provided at Sec. 679.20(c)).
Person means:
(1) (Applicable through December 31, 1998). For purposes of the
moratorium, any individual who is a citizen of the United States or any
U.S. corporation, partnership, association, or other entity (or their
successor in interest), whether or not organized or existing under the
laws of any state.
(2) For purposes of IFQ species, any individual who is a citizen of
the United States or any corporation, partnership, association, or
other entity (or their successor in interest), whether or not organized
or existing under the laws of any state, who is a U.S. citizen.
Pollock roe means product consisting of pollock eggs, either loose
or in sacs or skeins.
Processing, or to process, means the preparation of fish to render
it suitable for human consumption, industrial uses, or long-term
storage, including but not limited to cooking, canning, smoking,
salting, drying, freezing, or rendering into meal or oil, but does not
mean icing, bleeding, heading, or gutting.

[[Page 31235]]

Processor means, with respect to the Research Plan, any shoreside
processor or vessel that processes fish, any person who receives fish
from fishermen for commercial purposes, any fisherman who transfers
fish outside of the United States, and any fisherman who sells fish
directly to a restaurant or to an individual for use as bait or
personal consumption. Processor does not include a buying station or a
restaurant, or a person who receives fish from fishermen for personal
consumption or bait.
Processor vessel means, unless otherwise restricted, any vessel
that has been issued a Federal fisheries permit and that can be used
for processing groundfish.
Prohibited species catch (PSC) means any of the species listed in
Sec. 679.21(b).
PRR means standard product recovery rate (see Table 3 of this
part).
Qualified applicant (see Western Alaska CDQ Program,
Sec. 679.30(d)(6)).
Qualified person (see IFQ Management Measures, Sec. 679.40(a)(2)).
Qualifying period (applicable through December 31, 1998) means the
period to qualify for the moratorium from January 1, 1988, through
February 9, 1992.
Quarter, or quarterly reporting period, means one of four
successive 3-month periods, which begin at 0001 hours, A.l.t., on the
first day of each quarter, and end at 2400 hours, A.l.t., on the last
day of each quarter, as follows:
(1) 1st quarter: January 1 through March 31.
(2) 2nd quarter: April 1 through June 30.
(3) 3rd quarter: July 1 through September 30.
(4) 4th quarter: October 1 through December 31.
Quota share (QS) means a permit, the face amount of which is used
as a basis for the annual calculation of a person's IFQ.
Reconstruction (applicable through December 31, 1998) means a
change in the LOA of the vessel from its original qualifying LOA.
Regional Director, for purposes of this part, means the Director,
Alaska Region, NMFS, as defined at Sec. 600.10 of this chapter, or a
designee.
Regulatory area means any of three areas of the EEZ in the GOA (see
Figure 3 of this part).
Reporting area means any of the areas described in Figures 1 and 3
of this part.
Research Plan means the North Pacific Fisheries Research Plan
developed by the North Pacific Fishery Management Council under the
Magnuson Act.
Research Plan fisheries means the following fisheries: BSAI
groundfish, GOA groundfish, BSAI king and Tanner crab, and halibut from
convention waters off Alaska.
Resident fisherman (see Sec. 679.30(d)(7)).
Retained catch means the catch retained by a processor, in round
weight or round-weight equivalents, from Research Plan fisheries.
Round weight or round-weight equivalent, for purposes of this part,
means:
(1) For groundfish or halibut: The weight of fish calculated by
dividing the weight of the primary product made from that fish by the
standard PRR for that primary product as listed in Table 3 of this
part, or, if not listed, the weight of fish calculated by dividing the
weight of a primary product by the standard PRR as determined using the
best available evidence on a case-by-case basis.
(2) For BSAI crab processed by catcher/processors: The scale weight
of a subsample multiplied by the number of subsamples comprising the
retained catch.
(3) For BSAI crab processed by mothership or shoreside processors:
The scale weights of retained catches.
Sablefish (black cod) means Anoplopoma fimbria.
Sablefish CDQ reserve means 20 percent of the sablefish fixed gear
TAC for each subarea in the BSAI for which a sablefish TAC is specified
(see Sec. 679.31(c)).
Scallop(s) means any species of the family Pectinidae, including,
without limitation, weathervane scallops (Patinopectin caurinus).
Set means a string of pots or hook-and-line gear or a group of pots
that is deployed in a similar location with similar soak time.
Shoreside processor means:
(1) With respect to GOA and BSAI groundfish, any person or vessel
that receives unprocessed groundfish, except catcher/processors,
motherships, buying stations, restaurants, or persons receiving
groundfish for use as bait or personal consumption.
(2) With respect to the Research Plan, any person that receives
unprocessed fish, except catcher/processors, motherships, restaurants,
or persons receiving fish for use as bait or personal consumption.
Southeast Outside District of the GOA means that part of the
Eastern Regulatory Area contained in Statistical Area 650 (see Figure 3
of this part).
Standard exvessel price means the exvessel price for species
harvested in Research Plan fisheries, calculated annually by NMFS for
each species or species group, from exvessel price information for all
product forms, used in determining fee assessments.
Statistical area means the part of any reporting area defined in
Figures 1 and 3 of this part, contained in the EEZ.
Steller Sea Lion Protection Areas (see Tables 4, 5, and 6 of this
part and Secs. 679.22(a)(7), (a)(8), 679.22(b)(2), and 227.12 of this
title).
Stem means the forward part of a vessel--that portion of the vessel
where the sides are united at the fore end with the lower end attached
to the keel and the bowsprit, if one is present, resting on the upper
end.
Stern means the aft part of the vessel.
Stretched mesh size means the distance between opposite knots of a
four-sided mesh when opposite knots are pulled tautly to remove slack.
Superexclusive registration area means any State of Alaska
designated registration area within the BSAI where, if a vessel is
registered to fish for crab, that vessel is prohibited from fishing for
crab in any other registration area during that registration year.
Support vessel means any vessel that is used in support of other
vessels regulated under this part, including, but not limited to,
supplying a fishing vessel with water, fuel, provisions, fishing
equipment, fish processing equipment or other supplies, or transporting
processed fish. The term ``support vessel'' does not include processor
vessels or tender vessels.
Tanner crab means Chionoecetes species or hybrids of these species.
Target species are those species or species groups, except the
``other species'' category, for which a TAC is specified pursuant to
Sec. 679.20(a)(2).
Tender vessel means a vessel that is used to transport unprocessed
fish received from another vessel to a shoreside processor, mothership,
or buying station.
Transfer includes any loading, offloading, shipment or receipt of
any groundfish product, including quantities transferred inside or
outside the EEZ, within any state's territorial waters, within the
internal waters of any state, at any shoreside processor, or any
offsite meal reduction plant.
Trawl test areas (see Figure 7 of this part and Sec. 679.24(d)).
U.S. citizen means:
(1) Any individual who is a citizen of the United States at the
time of application for QS; or
(2) Any corporation, partnership, association, or other entity that
would have qualified to document a fishing vessel as a vessel of the
United States during the QS qualifying years of 1988, 1989, and 1990.
Vessel Activity Report (VAR) (see Sec. 679.5).

[[Page 31236]]

Vessel operations category (see Sec. 679.4).
Walrus Protection Areas (see Sec. 679.22(a)(4)).
Weekly reporting period means a time period that begins at 0001
hours, A.l.t., Sunday morning (except during the first week of each
year, when it starts on January 1) and ends at 2400 hours, A.l.t., the
following Saturday night (except during the last week of each year,
when it ends on December 31).
West Yakutat District of the GOA means that part of the GOA Eastern
Regulatory Area contained in Statistical Area 640 (see Figure 3 of this
part).
Western Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 543 (see Figure 1 of this part).
Wing tip means the point where adjacent breast lines intersect or
where a breast line intersects with the fishing line.

Sec. 679.3 Relation to other laws.

(a) Foreign fishing for groundfish. Regulations governing U.S.
nationals fishing in the Russian fisheries are set forth in part 299 of
this title.
(b) Domestic fishing for groundfish. The conservation and
management of groundfish in waters of the territorial sea and internal
waters of the State of Alaska are governed by the Alaska Administrative
Code at 5 AAC Chapter 28 and the Alaska Statute at A.S. 16.
(c) Halibut. Additional regulations governing the conservation and
management of halibut are set forth in part 301 of this title.
(d) King and Tanner crab. Additional regulations governing
conservation and management of king crab and Tanner crab in the BSAI
are contained in Alaska Statutes at A.S. 16 and Alaska Administrative
Code at 5 AAC Chapters 34, 35, and 39.
(e) Incidental catch of marine mammals. Regulations governing
exemption permits and the recordkeeping and reporting of the incidental
take of marine mammals are set forth in Sec. 216.24 and part 229 of
this title.

Sec. 679.4 Permits.

(a) General requirements--(1) Application. (i) A person may obtain
or renew an application for any of the permits under this section and
must mail completed forms to the Chief, RAM Division.
(ii) Upon receipt of an incomplete or improperly completed permit
application, the Chief, RAM Division, will notify the applicant of the
deficiency in the permit application. If the applicant fails to correct
the deficiency, the permit will not be issued. No permit will be issued
to an applicant until a complete application is received.
(iii) A separate application must be completed for each vessel,
processor, or buying station and a copy must be retained of each
completed or revised application.
(iv) The information requested on the application must be typed or
printed legibly.
(2) Amended applications. An owner, operator, or manager who
applied for and received a permit under this section must notify the
Chief, RAM Division, in writing, of any change in the information
within 10 days of the date of that change.
(3) Alteration. No person may alter, erase, or mutilate any permit,
card, or document issued under this section. Any such permit, card, or
document that is intentionally altered, erased, or mutilated is
invalid.
(4) Disclosure. NMFS will maintain a list of permitted processors
that may be disclosed for public inspection.
(5) Sanctions and denials. Procedures governing permit sanctions
and denials are found at subpart D of 15 CFR part 904.
(b) Federal Fisheries permit--(1) Groundfish. No vessel of the
United States may be used to fish for groundfish in the GOA or BSAI
unless the owner first obtains a Federal fisheries permit for the
vessel, issued under this part. A Federal fisheries permit is issued
without charge.
(2) Non-groundfish. A vessel of the United States that fishes in
the GOA or BSAI for any non-groundfish species, including but not
limited to halibut, crab, salmon, scallops, and herring, and that does
not retain any bycatch of groundfish is not required to obtain a
Federal fisheries permit under this part.
(3) Vessel operations categories. (i) A Federal fisheries permit
authorizes a vessel to conduct operations in the GOA and BSAI as a
catcher vessel, catcher/processor, mothership, tender vessel, or
support vessel.
(ii) A vessel may be issued a Federal fisheries permit as a support
vessel or as any combination of the other four categories (catcher
vessel, catcher/processor, mothership, tender vessel). A vessel
permitted as a catcher vessel, catcher/processor, mothership, or tender
vessel also may conduct all operations authorized for a support vessel.
(4) Duration. (i) A Federal fisheries permit remains in effect
through December 31 of the year for which it is issued, unless it is
revoked, suspended, or modified under 15 CFR part 904, or unless it is
surrendered or invalidated.
(ii) A Federal fisheries permit is surrendered when the original
permit is submitted to and received by the NMFS Enforcement Office in
Juneau, AK.
(5) Application. A complete application for a Federal fisheries
permit must include the following information for each vessel:
(i) Amended permit. If application is for an amended permit, the
current Federal fisheries permit number and information that has
changed.
(ii) Vessels. The complete name and homeport (city and state) of
the vessel; the ADF&G vessel number; the USCG documentation number or
Alaska registration number; the vessel's LOA and registered net
tonnage; and the telephone, fax, and COMSAT (satellite communication)
numbers used on board the vessel.
(iii) Owner information. The owner of the vessel must record the
owner's name, permanent business mailing address, telephone and fax
numbers; and the name of any company (other than the owner) that
manages the operations of the vessel or shoreside processor.
(iv) Federal fisheries permit information. The owner of the vessel
must record:
(A) The fishery or fisheries and the vessel operations category for
which the permit would apply, as set forth under paragraph (b)(3) of
this section.
(B) If a catcher vessel or catcher/processor, the gear type(s) used
for groundfish operations.
(C) If a catcher vessel, whether groundfish is retained only as
bycatch from halibut, crab, or salmon fisheries; and whether sablefish
is the only groundfish targeted in the GOA.
(D) If a mothership or catcher/processor, whether inshore or
offshore, to indicate component in which Pacific cod in the GOA or
pollock will be processed for the entire fishing year.
(v) Signature. The owner of the vessel must sign and date the
application.
(6) Issuance. (i) Except as provided in subpart D of 15 CFR part
904, upon receipt of a properly completed permit application, the
Regional Director will issue a Federal fisheries permit required by
this paragraph (b).
(ii) The Regional Director will send the Federal fisheries permit
to the applicant with the appropriate logbooks, as provided under
Sec. 679.5.
(7) Amended application. If the application for an amended permit
required under this section designates a change or addition of a vessel
operations category, the amended permit must be on board the vessel
before the new type of operations begins.

[[Page 31237]]

(8) Transfer. A Federal fisheries permit issued under this
paragraph (b) is not transferable or assignable and is valid only for
the vessel for which it is issued.
(9) Inspection. (i) An original Federal fisheries permit issued
under this paragraph (b) must be carried on board the vessel whenever
the vessel is fishing. Photocopied or faxed copies are not considered
originals.
(ii) A permit issued under this paragraph (b) must be presented for
inspection upon the request of any authorized officer.
(c) Moratorium permits (applicable through December 31, 1998--(1)
General--(i) Applicability. Except as provided under paragraph (c)(2)
of this section, any vessel used to catch and retain any moratorium
crab species or to conduct directed fishing for any moratorium
groundfish species must have a valid moratorium permit issued for that
vessel under this part on board the vessel at all times it is engaged
in fishing activities.
(ii) Duration. The moratorium permit is valid for the duration of
the moratorium, unless otherwise specified.
(iii) Validity. A moratorium permit issued under this part is valid
only if:
(A) The vessel's LOA does not exceed the maximum LOA as specified
in Sec. 679.2;
(B) The vessel's moratorium qualification has not been transferred;
(C) The permit has not been revoked or suspended under 15 CFR part
904;
(D) The permit is endorsed for all gear types on board the vessel;
and
(E) The permit's term covers the fishing year in which the vessel
is fishing.
(iv) Inspection. A moratorium permit must be presented for
inspection upon the request of any authorized officer.
(2) Moratorium exempt vessels. (i) A moratorium exempt vessel is
not subject to the moratorium permit requirement of paragraph (c)(1) of
this section and is not eligible for a moratorium permit.
(ii) A moratorium exempt vessel may catch and retain moratorium
species, provided it complies with the permit requirements of the State
of Alaska with respect to moratorium crab species, Federal permit
requirements in this part with respect to moratorium groundfish
species, and other applicable Federal and State of Alaska regulations.
(3) Moratorium exempt vessel categories. A moratorium exempt vessel
is a vessel in any of the following categories:
(i) Vessels other than catcher vessels or catcher/processor
vessels.
(ii) Catcher vessels or catcher/processor vessels less than or
equal to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish
in the GOA.
(iii) Catcher vessels or catcher/processor vessels less than or
equal to 32 ft (9.8 m) LOA that catch and retain moratorium crab
species in the BSAI or that conduct directed fishing for moratorium
groundfish species in the BSAI.
(iv) Catcher vessels or catcher/processor vessels that are fishing
for IFQ halibut, IFQ sablefish, or halibut or sablefish under the
Western Alaska CDQ Program in accordance with regulations at subpart C
of this part and that are not directed fishing for any moratorium
species.
(v) Catcher vessels or catcher/processor vessels less than or equal
to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically
constructed for and used in accordance with a CDP under Sec. 679.30,
and that are designed and equipped to meet specific needs described in
the CDP.
(4) Moratorium permit endorsements--(i) General. A moratorium
permit will be endorsed for one or more fishery-specific gear type(s)
in accordance with the endorsement criteria of paragraph (c)(5) of this
section.
(ii) Authorization. A fishery-specific gear type endorsement
authorizes the use by the vessel of that gear type in the specified
fisheries.
(iii) Fishing gear requirements. (A) Fishing gear requirements for
the BSAI crab fisheries are set forth in the Alaska Administrative Code
at title 5, chapters 34 and 35.
(B) Fishing gear requirements for the GOA and the BSAI groundfish
fisheries are set forth under Sec. 679.24.
(C) A moratorium permit may be endorsed for any one or a
combination of the following fishing gear types:
(1) Trawl, which includes pelagic and nonpelagic trawl gear.
(2) Pot, which includes longline pot and pot-and-line gear.
(3) Hook, which includes hook-and-line and jig gear.
(5) Gear endorsement criteria. For purposes of this paragraph
(c)(5), the period January 1, 1988, through February 9, 1992, is
``period 1,'' and February 10, 1992, through December 11, 1994, is
``period 2.'' Fishery-specific gear type endorsement(s) will be based
on the following criteria:
(i) Crab fisheries/pot gear. A moratorium permit for a vessel may
be endorsed for crab fisheries/pot gear if the vessel made a legal
landing:
(A) Of a moratorium crab species in period 1;
(B) Of a moratorium groundfish species with any authorized fishing
gear in period 1, and, in period 2, made a legal landing of a
moratorium crab species; or
(C) Of moratorium groundfish in period 1 with pot gear.
(ii) Groundfish fisheries/trawl gear. A moratorium permit may be
endorsed for groundfish fisheries/trawl gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1, and, in period 2,
made a legal landing of a moratorium groundfish species using trawl
gear.
(iii) Groundfish fisheries/pot gear. A moratorium permit may be
endorsed for groundfish fisheries/pot gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1.
(iv) Groundfish fisheries/hook gear. A moratorium permit may be
endorsed for groundfish fisheries/hook gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1, and, in period 2,
made a legal landing of a moratorium groundfish species using hook
gear.
(6) Application for permit. A moratorium permit will be issued to
the owner of a vessel of the United States if he/she submits to the
Regional Director a complete moratorium permit application that is
subsequently approved and if the vessel's LOA does not exceed the
maximum LOA as specified in Sec. 679.2. A complete application for a
moratorium permit must include the following information for each
vessel:
(i) Name of the vessel, state registration number of the vessel and
the USCG documentation number of the vessel, if any.
(ii) Name(s), business address(es), and telephone and fax numbers
of the owner of the vessel.
(iii) Name of the managing company.
(iv) Valid documentation of the vessel's moratorium qualification,
if requested by the Regional Director due to an absence of landings
records for the vessel from January 1, 1988, through February 9, 1992.
(v) Reliable documentation of the vessel's original qualifying LOA,
if requested by the Regional Director, such as a vessel survey,
builder's plan, state or Federal registration certificate, fishing
permit records, or other reliable and probative documents that clearly

[[Page 31238]]

identify the vessel and its LOA, and that are dated before June 24,
1992.
(vi) Specification of the fishing gear(s) used from January 1,
1988, through February 9, 1992, and, if necessary, the fishing gear(s)
used from February 10, 1992, through December 11, 1994.
(vii) Specification of the vessel as either a catcher vessel or a
catcher/processor vessel.
(viii) If applicable, transfer authorization if a permit request is
based on transfer of moratorium qualification pursuant to paragraph (c)
of this section.
(ix) Signature of the person who is the owner of the vessel or the
person who is responsible for representing the vessel owner.
(7) Moratorium qualification. A vessel has moratorium qualification
if:
(i) The vessel is an original qualifying vessel;
(ii) The vessel is not a moratorium exempt vessel under paragraph
(c)(2) of this section;
(iii) The vessel's moratorium qualification has not been
transferred;
(iv) The vessel receives a valid moratorium qualification through a
transfer approved by the Regional Director under pargraph (c)(9) of
this section; and
(v) That moratorium qualification is not subsequently transferred.
(8) Application for moratorium qualification transfer--(i) General.
An application for approval of a transfer of moratorium qualification
(see paragraph (c)(9) of this section) must be completed and the
transfer approved by the Regional Director before an application for a
moratorium permit based on that transfer can be approved. An
application for approval of a transfer and an application for a
moratorium permit may be submitted simultaneously.
(ii) Contents of application. A complete application for approval
of transfer must include the following information, as applicable, for
each vessel involved in the transfer of moratorium qualification:
(A) Name(s), business address(es), and telephone and fax numbers of
the applicant(s) (including the owners of the moratorium qualification
that is to be or was transferred and the person who is to receive or
received the transferred moratorium qualification).
(B) Name of the vessel whose moratorium qualification is to be or
was transferred and the name of the vessel that would receive or
received the transferred moratorium qualification (if any), the state
registration number of each vessel and, if documented, the USCG
documentation number of each vessel.
(C) The original qualifying LOA of the vessel whose moratorium
qualification is to be or was transferred, its current LOA, and its
maximum LOA.
(D) The LOA of the vessel that would receive or received the
transferred moratorium qualification and documentation of that LOA by a
current vessel survey or other reliable and probative document.
(E) Signatures of the persons from whom moratorium qualification
would be transferred or their representative, and the persons who would
receive the transferred moratorium qualification or their
representative.
(iii) Contract or agreement. A legible copy of a contract or
agreement must be included with the application for transfer that
specifies the vessel or person from which moratorium qualification is
to be or is transferred, the date of the transfer agreement, names and
signatures of all current owner(s) of the vessel whose moratorium
qualification is to be or was transferred, and names and signatures of
all current owner(s) of the moratorium qualification that is to be or
was transferred.
(iv) Vessel reconstruction. The following information must be
included with the application for transfer:
(A) A legible copy of written contracts or written agreements with
the firm that performed reconstruction of the vessel and that relate to
that reconstruction.
(B) An affidavit signed by the vessel owner(s) and the owner/
manager of the firm that performed the vessel reconstruction,
specifying the beginning and ending dates of the reconstruction.
(C) An affidavit signed by the vessel owner(s) specifying the LOA
of the reconstructed vessel.
(v) Vessels lost or destroyed. A copy of USCG Form 2692, Report of
Marine Casualty, must be included with the application for transfer.
(9) Transfer of moratorium qualification (applicable through
December 31, 1998)--(i) General. A transfer of a vessel's moratorium
qualification must be approved by the Regional Director before a
moratorium permit may be issued under this section for the vessel to
which the qualification is transferred. A moratorium permit is not
transferrable or assignable. A fishery-specific gear type
endorsement(s) is not severable from an endorsed permit. A transfer of
moratorium qualification will not be approved by the Regional Director
unless:
(A) A complete transfer application that satisfies all requirements
specified in paragraph (c)(8) of this section is submitted;
(B) The LOA of the vessel to which the moratorium qualification is
transferred does not exceed the maximum LOA of the original qualifying
vessel; and
(C) The moratorium permit associated with the moratorium
qualification is not revoked or suspended.
(ii) Vessels lost or destroyed in 1988. The moratorium
qualification of a vessel that was lost or destroyed before January 1,
1989, may not be transferred to another vessel and is not valid for
purposes of issuing a moratorium permit for that vessel, if salvaged,
unless salvage began on or before June 24, 1992, and the LOA of the
salvaged vessel does not exceed its maximum LOA. The moratorium
qualification of such a vessel is not valid for purposes of issuing a
moratorium permit for 1998 unless that vessel is used to make a legal
landing of a moratorium species from January 1, 1996, through December
31, 1997.
(iii) Vessels lost or destroyed from 1989 through 1995. The
moratorium qualification of any vessel that was lost or destroyed on or
after January 1, 1989, but before January 1, 1996, is valid for
purposes of issuing a moratorium permit for that vessel, if salvaged,
regardless of when salvage began, provided that the vessel has not
already been replaced and the LOA of the salvaged vessel does not
exceed its maximum LOA. The moratorium qualification of any vessel that
was lost or destroyed on or after January 1, 1989, but before January
1, 1996, may be transferred to another vessel, provided the LOA of that
vessel does not exceed the maximum LOA of the original qualifying
vessel. The moratorium qualification of such a vessel is not valid for
purposes of issuing a moratorium permit for 1998, unless that vessel is
used to make a legal landing of a moratorium species from January 1,
1996, through December 31, 1997.
(iv) Vessels lost or destroyed after 1995. The moratorium
qualification of any vessel that was lost or destroyed on or after
January 1, 1996, is valid for purposes of issuing a moratorium permit
for that vessel, if salvaged, regardless of when salvage began,
provided that the vessel has not already been replaced and the LOA of
the salvaged vessel does not exceed its maximum LOA. The moratorium
qualification of any vessel that is lost or destroyed on or after
January 1, 1996, may be transferred to another vessel, providing the
LOA of that vessel does not exceed the maximum LOA of the original
qualifying vessel.

[[Page 31239]]

(v) Reconstruction. The moratorium qualification of a vessel is not
valid for purposes of issuing a moratorium permit if, after June 23,
1992, reconstruction is initiated that results in increasing the LOA of
the vessel to exceed the maximum LOA of the original qualifying vessel.
For a vessel whose reconstruction began before June 24, 1992, and was
completed after June 24, 1992, the maximum LOA is the LOA on the date
reconstruction was completed, provided the owner files an application
for transfer and the Regional Director certifies that maximum LOA and
approves the transfer based on information concerning the LOA of the
reconstructed vessel submitted under paragraph (c)(8)(iv) of this
section.
(10) Appeal--(i) Determination. The Chief, RAM Division, will issue
an initial administrative determination to each applicant who is denied
a moratorium permit by that official. An initial administrative
determination may be appealed by the applicant in accordance with
Sec. 679.43. The initial administrative determination will be the final
agency action if a written appeal is not received by the Chief, RAM
Division, within the period specified.
(ii) Permit denial. An initial administrative determination that
denies an application for a moratorium permit must authorize the
affected vessel to catch and retain moratorium crab or moratorium
groundfish species with the type of fishing gear specified on the
application. The authorization expires on the effective date of the
final agency action relating to the application.
(iii) Final action. An administrative determination denying
approval of the transfer of a moratorium qualification and/or denying
the issuance of a moratorium permit based on that moratorium
qualification is the final agency action for purposes of judicial
review.
(d) IFQ--(1) General. In addition to the permit and licensing
requirements prescribed in part 301 of this title and in the permit
requirements of this section, all fishing vessels that harvest IFQ
halibut or IFQ sablefish must have on board:
(i) IFQ permit. A copy of an IFQ permit that specifies the IFQ
regulatory area and vessel category in which IFQ halibut or IFQ
sablefish may be harvested by the IFQ permit holder and a copy of the
most recent accompanying statement specifying the amount of each
species that may be harvested during the current IFQ fishing season;
and
(ii) IFQ card. An original IFQ card issued by the Regional
Director.
(2) Registered buyer permit. Any person who receives IFQ halibut or
IFQ sablefish from the person(s) that harvested the fish must possess a
registered buyer permit, except under conditions of paragraph (d)(2)
(i), (ii), or (iii) of this section. A registered buyer permit also is
required of any person who harvests IFQ halibut or IFQ sablefish and
transfers such fish:
(i) In a dockside sale;
(ii) Outside of an IFQ regulatory area; or
(iii) Outside the State of Alaska.
(3) Permit issuance--(i) IFQ permits and cards--(A) Issuance. IFQ
permits and cards will be renewed or issued annually by the Regional
Director to each person with approved QS for IFQ halibut or IFQ
sablefish allocated in accordance with this section.
(B) IFQ permit. Each IFQ permit issued by the Regional Director
will identify the permitted person and will be accompanied by a
statement that specifies the amount of IFQ halibut or IFQ sablefish
that person may harvest from a specified IFQ regulatory area using
fixed gear and a vessel of a specified vessel category.
(C) IFQ card. Each IFQ card issued by the Regional Director will
display an IFQ permit number and the individual authorized by the IFQ
permit holder to land IFQ halibut or IFQ sablefish for debit against
the permit holder's IFQ.
(ii) Registered buyer permits. Registered buyer permits will be
renewed or issued annually by the Regional Director to persons that
have a registered buyer application approved by the Regional Director.
(4) Duration--(i) IFQ permit. An IFQ permit authorizes the person
identified on the permit to harvest IFQ halibut or IFQ sablefish from a
specified IFQ regulatory area at any time during an open fishing season
during the fishing year for which the IFQ permit is issued until the
amount harvested is equal to the amount specified under the permit, or
until it is revoked, suspended, or modified under 15 CFR part 904.
(ii) IFQ card. An IFQ card authorizes the individual identified on
the card to land IFQ halibut or IFQ sablefish for debit against the
specified IFQ permit until the card expires, or is revoked, suspended,
or modified under 15 CFR part 904, or cancelled on request of the IFQ
permit holder.
(iii) Registered buyer permit. A registered buyer permit authorizes
the person identified on the permit to receive or make an IFQ landing
by an IFQ permit or card holder at any time during the fishing year for
which it is issued until the registered buyer permit expires, or is
revoked, suspended, or modified under 15 CFR part 904.
(5) Transfer. The IFQ permits issued under this section are not
transferable, except as provided under Sec. 679.41. IFQ cards and
registered buyer permits issued under this paragraph (d) are not
transferable.
(6) Inspection--(i) IFQ permit. A legible copy of any IFQ permit
issued under this section must be carried on board the vessel used by
the permitted person to harvest IFQ halibut or IFQ sablefish at all
times that such fish are retained on board.
(ii) IFQ card. Except as specified in Sec. 679.42(d), an individual
that is issued an IFQ card must remain on board the vessel used to
harvest IFQ halibut or IFQ sablefish with that card until all such fish
are landed, and must present a copy of the IFQ permit and the original
IFQ card for inspection on request of any authorized officer, clearing
officer, or registered buyer purchasing IFQ species.
(iii) Registered buyer permit. A legible copy of the registered
buyer permit must be present at the location of an IFQ landing, and
must be made available for inspection on request of any authorized
officer or clearing officer.
(e) Halibut/sablefish CDQ permits and CDQ cards. See Sec. 679.33(a)
and (b).
(f) Federal processor permit--(1) General--(i) Applicability. In
addition to the permit and licensing requirements prescribed in part
301 of this title and paragraphs (b) and (d) of this section, and
except as provided in paragraph (f)(1)(ii) of this section, a processor
of fish from a Research Plan fishery must have a Federal processor
permit issued by the Regional Director.
(ii) Exception. Any fisherman who transfers fish outside the United
States, or any fisherman who sells fish directly to a restaurant or to
an individual for use as bait or for personal consumption is not
required to have a Federal processor permit.
(iii) Fee. A Federal processor permit will be issued without
charge.
(2) Application. A complete application for a Federal processor
permit must include the following for each vessel or processor:
(i) The annual period for which the permit is requested.
(ii) The Research Plan fishery or fisheries for which the permit is
requested.
(iii) If the application is for an amended permit, the current
Federal processor permit number and an indication of the information
that is being amended.

[[Page 31240]]

(iv) The processor owner's name or names, business mailing address,
telephone number, and fax number.
(v) If the processor is a shoreside processor, the plant's name,
business mailing address, ADF&G Processor Code, telephone number, and
fax number.
(vi) If the processor is a vessel, the vessel's name, home port,
net tonnage, LOA, USCG number, telephone number, fax number, INMARSAT
(satellite communications) number, and ADF&G number.
(vii) The applicant's name, signature, and date.
(3) Issuance. (i) Permits required under paragraph (f)(1)(i) of
this section will be issued annually by the Regional Director.
(ii) The Regional Director will issue a permit required under
paragraph (f)(1)(i) of this section upon receipt of a complete
application.
(iii) Upon receipt of an incomplete or improperly completed
application, the Regional Director will notify the applicant of the
deficiency. No permit will be issued to an applicant until a complete
application is submitted.
(4) Duration. The Federal processor permit issued by the Regional
Director will continue in full force and effect through December 31 of
the year for which it is issued, or until it is revoked, suspended, or
modified under Secs. 600.735 and 600.740 of this chapter.
(5) Transfer. Permits issued under this paragraph (f) are not
transferable or assignable.
(6) Validity. Each permit issued under this paragraph (f) is valid
only for the vessel or processor for which it is issued.
(7) Inspection. (i) The permit issued under this paragraph (f) must
be maintained on the processor vessel or at the shoreside processor.
(ii) The permit must be available for inspection upon request by an
authorized officer or any employee of NMFS, ADF&G, or the Alaska
Department of Public Safety designated by the Regional Director,
Commissioner of ADF&G, or Commissioner of the Alaska Department of
Public Safety.
(g) King and Tanner crab permits. All processors of BSAI king and
Tanner crab must comply with permit requirements contained in paragraph
(f) of this section.

Sec. 679.5 Recordkeeping and reporting.

(a) General requirements--(1) Applicability, Federal fisheries
permit. The following must comply with the recordkeeping and reporting
requirements of this section:
(i) Any catcher vessel, mothership, catcher/processor, or tender
vessel, 5 net tons or larger, that is 60 ft (18.3 m) and over LOA, and
is required to have a Federal fisheries permit under Sec. 679.4.
(ii) Any shoreside processor, mothership, or buying station that
receives groundfish from vessels required to have a Federal fisheries
permit under Sec. 679.4. A shoreside processor, mothership, or buying
station subject to recordkeeping and reporting requirements must report
all groundfish and prohibited species received, including:
(A) Fish received from vessels not required to have a Federal
fisheries permit.
(B) Fish received under contract for handling or processing for
another processor.
(2) Applicability, Federal processor permit. Any processor that
retains fish from a Research Plan fishery is responsible for complying
with the applicable recordkeeping and reporting requirements of this
section.
(3) Responsibility. The operator of a catcher vessel, catcher/
processor, mothership, or buying station receiving from a catcher
vessel and delivering to a mothership (hereafter referred to as the
operator) and the manager of a shoreside processor or buying station
receiving from a catcher vessel and delivering to a shoreside processor
(hereafter referred to as the manager) are each responsible for
complying with the applicable recordkeeping and reporting requirements
of this section. In addition, the owner of a vessel, shoreside
processor, or buying station must ensure that the operator, manager, or
representative (see paragraph (b) of this section) complies with these
requirements and is responsible for compliance.
(4) Groundfish logbooks and forms. The Regional Director will
prescribe and provide groundfish logbooks and forms required under this
section as shown in Table 9 of this part. The operator or manager must
use these logbooks and forms or obtain approval from the Regional
Director to use electronic versions of the logbooks and forms.
(5) Participant identification information. The operator or manager
must record on all required records, reports, and logbooks:
(i) The name of the catcher vessel, catcher/processor, mothership,
shoreside processor, or buying station as displayed in official
documentation.
(ii) If a vessel, the Federal fisheries permit number and ADF&G
vessel number (if applicable).
(iii) If a processor, the Federal processor permit number and ADF&G
processor number.
(iv) If a buying station, the name and ADF&G vessel number (if
applicable) of the buying station; the name, ADF&G processor number,
and Federal processor permit number of associated processor.
(v) If a shoreside processor or buying station delivering to a
shoreside processor, the geographic location of operations.
(vi) If a representative, the name, daytime business telephone
number (including area code), fax or telex number, and the COMSAT
number (if applicable) of the representative.
(6) Maintenance of records. (i) The operator or manager must
maintain all records, reports, and logbooks in a legible, timely, and
accurate manner; in English; if handwritten, in indelible ink; if
computer-generated, a printed, paper copy; and based on A.l.t.
(ii) The operator or manager must account for each day of the
fishing year, starting with January 1 and ending with December 31, and
the time periods must be consecutive in the logbook.
(iii) When applicable, the operator or manager must record in each
report, form, and logbook the following information:
(A) Page number. Number the pages in each logbook consecutively,
beginning with page one and continuing throughout the logbook for the
remainder of the fishing year, except that the manager of a shoreside
processor must number the DCPL pages within Part I and Part II
separately, beginning with page one.
(B) Date, presented as month-day-year.
(C) Time, in military format to the nearest hour, A.l.t.
(D) Position coordinates, latitude and longitude to the nearest
minute (Optional: Record to the nearest second or fraction of minute).
(E) Reporting area codes, given in Figures 1 and 3 of this part.
(F) Species codes, each target species, the ``other species''
category, and prohibited species under Sec. 679.21(b), using the
species codes given in Table 2 of this part.
(G) Original/revised report. If a report is the first one submitted
to the Regional Director for a given date, gear type, and reporting
area, the report should be labeled, ``ORIGINAL REPORT.'' If the report
is a correction to a previously submitted report for a given date, gear
type, and reporting area, the report should be labelled, ``REVISED
REPORT.''
(H) Weights. Landings, product, and discards of groundfish and
herring must be recorded in pounds or to the nearest 0.01 mt on all
forms and logbooks.

[[Page 31241]]

(7) Active and inactive periods. The operator or manager must, in
the DFL, DCL, or DCPL:
(i) Account for each day of the fishing year by indicating active
and inactive periods as defined under Sec. 679.2.
(ii) Use a separate logbook page for each day of an active period.
(iii) Indicate on one page the first and last day of an inactive
period.
(iv) Indicate all fishing activity, which is defined for each type
of vessel as follows:
(A) If a catcher vessel--harvest or discard of groundfish.
(B) If a catcher/processor--harvest, discard, or processing of
groundfish.
(C) If a mothership or shoreside processor--receipt, discard, or
processing of groundfish.
(D) If a buying station--receipt, discard, or delivery of
groundfish.
(v) If in an active period and conducting fishing activity, the
operator or manager must record:
(A) The gear type used to harvest the groundfish. If a catcher
vessel or catcher/processor and using hook-and-line longline gear, the
average number of hooks per skate.
(B) The reporting area code where gear retrieval was completed;
whether gear retrieval was in Federal or Alaska State waters.
(C) If a catcher vessel, whether a NMFS-certified observer is
aboard the vessel. If a catcher/processor, mothership, or shoreside
processor, the number of NMFS-certified observers aboard or on site.
(D) The number of crew, except for certified observer(s).
(E) Whether harvest is under a CDQ program; if yes, the CDQ number.
(F) If a catcher vessel or buying station, the name and ADF&G
processor number of the mothership or shoreside processor to which
groundfish deliveries were made.
(vi) If in an active period and not conducting fishing activity,
the operator or manager must indicate ``NO FISHING ACTIVITY'' and
briefly describe the reason.
(8) Landings information. The manager of a shoreside processor
must:
(i) Record and report groundfish landings by species codes and
product codes as defined in Tables 1 and 2 of this part for each
reporting area, whether from Alaska State waters or Federal waters,
gear type, and CDQ number.
(ii) Record in the DCPL each day on the day such landings occur,
the following additional information:
(A) The daily combined scale weight of landings retained for
processing from a catcher vessel or any associated buying station, in
pounds or to at least the nearest 0.01 mt.
(B) If more than one page is used during a weekly reporting period,
the total amount of landings carried forward from the previous page.
(C) At the end of each weekly reporting period, the cumulative
total weight, calculated by adding the daily totals and total carried
forward for that week.
(iii) If no landings occurred, write ``NO LANDINGS'' for that day.
(9) Product information. The operator of a catcher/processor or
mothership or the manager of a shoreside processor must, where
required:
(i) Record and report groundfish products by species codes, product
codes, and product designations as defined in Tables 1 and 2 of this
part for each reporting area, whether in Alaska State waters or Federal
waters, gear type, and CDQ number.
(ii) Record in the DCPL each day on the day such production occurs,
the daily total, balance brought forward (except for shoreside
processor), and cumulative total fish product weight for each product
of groundfish in pounds, or to at least the nearest 0.01 mt.
(iii) If no production occurred, write ``NO PRODUCTION'' for that
day.
(10) Discarded/donated species information--(i) General. The
operator or manager must record and report discards and donations by
species codes and discard product codes as defined in Tables 1 and 2 of
this part for each reporting area, whether in Alaska State waters or
Federal waters, gear type, and CDQ number.
(A) The operator or manager must record the estimated daily total,
balance brought forward, and cumulative total round fish weight in the
DFL, DCL, or DCPL each day on the day discards and donations occur for
each discard or donation of groundfish species, groundfish species
groups, and Pacific herring in pounds, or to at least the nearest 0.01
mt.
(B) The operator or manager must record the estimated daily total
balance brought forward, and cumulative total numbers in the DFL, DCL,
or DCPL each day on the day discards or donations occur for each
discard and donation of Pacific salmon, steelhead trout, halibut, king
crab, and Tanner crab.
(C) If there were no discards or donations, write ``NO DISCARDS'',
``0'', or ``ZERO'' for that day.
(ii) Catcher vessel discards/donations. (A) For deliveries of
unsorted codends, the catcher vessel is exempt from recording discards
in the DFL and from submittal of the blue logsheet (discards copy) for
that delivery. The operator of the catcher vessel is required to check
the box entitled ``unsorted codend,'' and the blue DFL logsheet
(discards copy) remains in the DFL.
(B) For presorted deliveries or in the event a catcher vessel has
``bled'' a codend prior to delivery to a processor, the operator of the
catcher vessel must check the ``presorted delivery'' box, enter the
amount of discards or donations by species, and submit the blue DFL
logsheet (discards copy) to the mothership, buying station, or
shoreside processor with each harvest delivery.
(iii) Buying station discards/donations. (A) The operator or
manager of a buying station must record in the DCL on a daily basis on
the day discard occurs, all discards or donations that occur after
receipt of harvest from a catcher vessel and prior to delivery of
harvest to a mothership or shoreside processor.
(B) If a blue DFL logsheet is received from a catcher vessel and
contains reports of discards or donations, the operator or manager of a
buying station must record in the DCL the discards and donations on the
day the DFL logsheet is received from the catcher vessel.
(iv) Catcher/processor discards/donations. The operator of a
catcher/processor must record in the DCPL on the day discards or
donations occur, all discards or donations that occur prior to harvest,
during harvest, and during processing.
(v) Mothership or shoreside processor discards/donations. (A) The
operator of a mothership or manager of a shoreside processor must
record in the DCPL on a daily basis on the day discards or donations
occur, all discards or donations that occur on site after receipt of
groundfish, and all discards or donations that occur during processing
of groundfish.
(B) If an unsorted codend is received from a catcher vessel, the
catcher vessel is not required to submit a blue discard logsheet to the
mothership or shoreside processor. The operator of a mothership or
manager of a shoreside processor must sort the catch received from the
unsorted codends and must record the discards by species in the DCPL as
discard at sea on the day the harvest is received from the catcher
vessel.
(C) If discards are reported on a blue DFL logsheet from a catcher
vessel delivering a presorted codend or if a catcher vessel reports an
amount bled at sea, the operator of a mothership or manager of a
shoreside processor must record in the DCPL the discards on the day the
DFL logsheet is received from the catcher vessel.
(D) If a yellow DCL logsheet is received from a buying station and

[[Page 31242]]

discards or donations are reported, the operator of a mothership or
manager of a shoreside processor must record in the DCPL the discards
or donations on the day the DCL logsheet is received from the buying
station.
(11) Contract processing. (i) The manager of a shoreside processor
or operator of a mothership who receives groundfish to be handled or
processed under contract for another processor or business entity must
report these fish to the Regional Director consistently throughout a
fishing year using one of the following two methods:
(A) Record landings (if applicable), discards, and products of
contract-processed groundfish routinely in the DCPL without separate
identification; or
(B) Record landings (if applicable), discards, and products of
contract-processed groundfish in a separate DCPL identified by the
name, Federal processor permit number, Federal fisheries permit number
(if applicable), and ADF&G processor code of the associated business
entity.
(ii) If contract-processed groundfish records are kept separately
from the routine DCPL, the operator of the mothership or manager of the
shoreside processor must summarize and report that information on a WPR
identified by the name, Federal processor permit number, Federal
fisheries permit number (if applicable), and ADF&G processor code of
the associated business entity.
(12) Alteration of records. (i) The operator, manager, or any other
person may not alter or change any entry or record in a logbook, except
that an inaccurate or incorrect entry or record may be corrected by
lining out the original and inserting the correction, provided that the
original entry or record remains legible.
(ii) No person except an authorized officer may remove any original
page of any logbook.
(13) Inspection of records. The operator or manager must make all
logbooks, reports, and forms required under this section available for
inspection upon the request of an authorized officer.
(14) Submittal of logbooks, reports and forms--(i) Logbooks. (A)
The operator of a catcher vessel, catcher/processor, or mothership, or
the manager of a shoreside processor must submit the yellow logsheets
on a quarterly basis to the NMFS Alaska Fisheries Science Center,
Logbook Program, Seattle, WA, as follows: First quarter, by May 1 of
that fishing year; second quarter, by August 1 of that fishing year;
third quarter, by November 1 of that fishing year; and fourth quarter,
by February 1 of the following fishing year.
(B) During an inactive period that extends across two or more
successive quarters, the operator or manager must complete two
logsheets: One to indicate the last day of the first inactive quarter
and the next page to indicate the first day of the second inactive
quarter.
(ii) Reports and forms. Reports and forms may be submitted by the
operator or manager by:
(A) Using the NMFS printed form and faxing it to the fax number on
the form; or
(B) Transmitting a data file with required information and forms to
NMFS by modem or satellite (specifically INMARSAT standards A, B, or
C).
(15) Record retention--(i) Original. (A) The operator of a catcher
vessel, catcher/processor, or mothership, and the manager of a
shoreside processor, must retain the original (white) copy of all
logbooks and a paper copy of all reports and forms, including those
reports and forms that were originally submitted electronically and
must make these documents available for inspection by an authorized
officer:
(1) On site until the end of the fishing year during which the
records were made and for as long thereafter as fish or fish products
recorded in the logbook, reports, and forms are retained.
(2) For 3 years after the end of the fishing year during which the
records were made.
(B) The operator or manager of a buying station must retain the
original (white) copy of all DCLs on site until the buying station has
concluded receiving groundfish from a catcher vessel for delivery to a
shoreside processor or mothership and for as long as fish and fish
products recorded in the DCL are retained by the buying station.
(ii) Yellow DCL logsheet. The operator of a mothership or manager
of a shoreside processor must retain a photocopy of the yellow DCL
logsheets submitted to NMFS under paragraph (a)(14) of this section
that were received from associated buying stations until the mothership
or shoreside processor receives the original DCL.
(iii) Blue DFL logsheet. (A) The operator of a mothership and the
manager of a shoreside processor must retain the blue DFL logsheets
(discard reports) submitted to them by operators of catcher vessels
through the last day of the fishing year during which the records were
made.
(B) The operator or manager of a buying station must submit to the
mothership or shoreside processor any blue logsheets (discard report)
received from catcher vessels delivering groundfish to the buying
station.
(iv) Pink DCL logsheet. The operator or manager of a buying station
must retain the pink DCL logsheets for 3 years after the end of the
fishing year during which the records were made.
(16) Integration of buying station records. (i) The operator or
manager of a buying station must maintain a separate DCL for each
mothership or shoreside processor to which the buying station delivers
groundfish during a fishing year.
(ii) The operator or manager of a buying station must submit upon
delivery of catch the yellow DCL logsheets to the shoreside processor
or mothership to which it delivers groundfish, along with the blue DFL
logsheets and ADF&G fish tickets or catch receipts for that delivery.
(iii) Upon conclusion of receiving groundfish for a shoreside
processor or mothership, the operator or manager of a buying station
must submit the original DCL to the manager of a shoreside processor or
operator of a mothership to which deliveries were made.
(iv) If the mothership or shoreside processor receives fish from a
buying station, the operator of the mothership or manager of the
shoreside processor must incorporate all of the DCL information into
the DCPL.
(b) Representative. The operator of a catcher vessel, mothership,
catcher/processor, or buying station delivering to a mothership or
manager of a shoreside processor or buying station delivering to a
shoreside processor may identify one person to fill out and sign the
logbook, complete the recordkeeping and reporting forms, or both, and
to identify the contact person for inquiries from NMFS. Designation of
a representative under this paragraph does not relieve the owner,
operator, or manager of responsibility for compliance under paragraph
(a)(3) of this section.
(c) Catcher vessel DFL and catcher/processor DCPL--(1) Pair trawls.
If two catcher vessels are dragging a trawl between them (pair trawl),
a separate DFL must be maintained by each vessel. Each vessel operator
must log the amount of the catch retained by that vessel and any fish
discarded by the vessel.
(2) Time limit and submittal. (i) The operator of a catcher vessel
or catcher/processor must record in the DFL or DCPL, the time,
position, and estimated groundfish catch weight within 2 hours after
gear retrieval.
(ii) The operator of a catcher vessel must record all other
information

[[Page 31243]]

required in the DFL by noon of the day following gear retrieval.
(iii) The operator of a catcher/processor must record all other
information required in the DCPL by noon of the day following
completion of production.
(iv) The operator of a catcher vessel must submit the blue DFL
logsheets with delivery of the harvest to the operator of a mothership
or a buying station delivering to a mothership, or to the manager of a
shoreside processor or buying station delivering to a shoreside
processor.
(v) Notwithstanding other time limits, the operator of a catcher
vessel must record all information required in the DFL within 2 hours
after the vessel's catch is offloaded.
(vi) Notwithstanding other time limits, the operator of a catcher/
processor must record all information required in the DCPL within 2
hours after the vessel's catch is offloaded.
(3) Information required--(i) General. The operator of a catcher
vessel or catcher/processor must record on each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The start date and end date of the fishing trip.
(C) If a catcher vessel, the vessel name and ADF&G vessel
registration number.
(D) If a catcher/processor, the name, ADF&G processor number, and
Federal processor number of the catcher/processor.
(E) The signature of the operator of the catcher vessel or catcher/
processor.
(F) Whether catcher vessel or catcher/processor is in an active or
inactive period as described in paragraph (a)(7) of this section.
(ii) Haul/set information. The operator of a catcher vessel or
catcher/processor must record the following for each haul or set:
(A) Date (month-day-year).
(B) The number of haul or set, by sequence; begin time and position
coordinates of gear deployment; average sea depth and average gear
depth, recorded to the nearest meter or fathom.
(C) The date, time, and position coordinates of gear retrieval. If
the vessel is using longline hook-and-line gear, the number of skates
set. If the vessel is using longline pot or single pot gear, the total
number of pots set.
(D) The estimated total round fish weight of the groundfish catch.
(E) The species code of the intended target species from Table 2 of
this part.
(F) The estimated IFQ sablefish amounts in the ``comments'' column.
(iii) Discard/donated species information. The operator of a
catcher vessel or catcher/processor must record discard/donation
information as described in paragraph (a)(10) of this section.
(iv) Catcher vessels. If a catcher vessel, the operator must
record:
(A) The date of delivery.
(B) The name, ADF&G processor code, and ADF&G fish ticket number(s)
provided by the operator of the mothership or buying station delivering
to a mothership, or the manager of a shoreside processor or buying
station delivering to a shoreside processor.
(v) Catcher/processors. If a catcher/processor, the operator must
record product information as set forth in paragraph (a)(9) of this
section.
(d) Buying station DCL--(1) Time limits. (i) The operator or
manager of each buying station subject to this part must record entries
in the DCL as to catcher vessel delivery information within 2 hours
after completion of receipt of the groundfish.
(ii) All other information required in the DCL must be recorded by
noon of the day following the day the receipt of groundfish was
completed or discard occurred.
(2) Information required--(i) General. The operator or manager of a
buying station must record for each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The date.
(C) The buying station name and, if a vessel, the ADF&G vessel
number.
(D) The operator's or manager's signature.
(E) Whether the buying station is in an active or inactive period
as described in paragraph (a)(7) of this section.
(F) The name and ADF&G processor code of the mothership or
shoreside processor to which groundfish deliveries were made.
(G) The number of crew.
(ii) Groundfish deliveries. The operator or manager of a buying
station must record the following information for each delivery of
groundfish:
(A) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket was not issued, the catch
receipt number of the transaction.
(B) Whether blue DFL logsheets were received from the catcher
vessel delivering the groundfish.
(C) The time when receipt of groundfish catch was completed.
(D) The name and ADF&G vessel registration number of the catcher
vessel delivering the groundfish.
(E) The total groundfish delivery weight.
(iii) Discard/donated species information. The operator or manager
of the buying station must record discard/donation information as
described in paragraph (a)(10) of this section.
(e) Mothership DCPL--(1) Time limits. (i) The operator of each
mothership must record entries in the DCPL as to catcher vessel or
buying station delivery information within 2 hours after completion of
the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(2) Information required--(i) General. The operator of each
mothership must record on each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The date.
(C) The name, ADF&G processor number, and Federal processor number.
(D) The operator's signature.
(E) Whether mothership is in an active or inactive period as
described in paragraph (a)(7) of this section.
(ii) Deliveries. The operator or each mothership must record for
each delivery:
(A) Whether delivery is from a catcher vessel or a buying station.
(B) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish.
(C) The time and position coordinates of the mothership when
groundfish catch is received.
(D) The estimated total ground fish weight of the groundfish catch.
(E) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(iii) Discard/donation. The operator of each mothership must record
discard/donation information as described in paragraph (a)(10) of this
section.
(iv) Production information. The operator of each mothership must
record product information as described in paragraph (a)(9) of this
section.
(f) Shoreside processor DCPL--(1) Time limits. (i) The manager of
each shoreside processor must record in the DCPL all catcher vessel or
buying station delivery information within 2 hours after completion of
the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(2) Information required--(i) Part IA. The manager of each
shoreside processor must record on each page:
(A) If a page is for an individual day, the date. If a page is for
1 week, the week-ending date. See also paragraph (a)(6)(iii)(A) of this
section.

[[Page 31244]]

(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) The signature of the manager.
(D) Whether the shoreside processor is in an active or inactive
period as described in paragraph (a)(7) of this section.
(ii) Part IB. The manager of each shoreside processor must record
the following information for each delivery:
(A) Date and time when receipt of groundfish catch was completed.
(B) Whether delivery is from catcher vessel or buying station.
(C) Whether blue DFL logsheets were submitted by catcher vessel.
(D) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish.
(E) The total scale weight of groundfish delivery in pounds or to
the nearest 0.01 mt.
(F) The ADF&G fish ticket number issued to the catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(iii) Landings information, Part IC. The manager must record:
(A) The date next to the appropriate day of the week (SUN through
SAT).
(B) Landings information as described in paragraph (a)(8) of this
section.
(iv) Discarded/donated species information (Part ID). The manager
of each shoreside processor must record:
(A) The date next to the appropriate day of the week (SUN through
SAT).
(B) Discard information, as described in paragraph (a)(10) of this
section.
(v) Part II. The manager of each shoreside processor must record:
(A) Page numbers must be consecutive within Part II, beginning with
page one for the first day product was produced after the start of the
fishing year and continuing throughout the section for the remainder of
the fishing year.
(B) The name, ADF&G processor code number, and Federal processor
number of shoreside processor.
(C) The signature of the manager of the shoreside processor.
(D) Product information. (1) The week-ending date.
(2) The management area (BSAI or GOA).
(3) The date next to the appropriate day of the week (SUN through
SAT).
(4) Product information as described in paragraph (a)(9) of this
section.
(g) Groundfish Product Transfer Report (PTR)--(1) Applicability.
(i) The operator of a mothership or catcher/processor or the manager of
a shoreside processor must record each transfer of groundfish product
on a separate PTR.
(ii) The manager of a shoreside processor must report on a PTR
those fish products that are subsequently transferred to an offsite
meal reduction plant.
(iii) The operator of a mothership or catcher/processor or manager
of a shoreside processor must report on a PTR, daily sales or transfer
of groundfish to vessels for bait. Individual sales of groundfish for
bait purposes during a day may be aggregated when recording the amount
of product leaving a facility that day.
(2) Time limits and submittal. The operator of a mothership or
catcher/processor or manager of a shoreside processor must:
(i) Record all product transfer information on a PTR within 2 hours
of the completion of the transfer.
(ii) Submit by fax a copy of each PTR to the Regional Director
within 24 hours of completion of transfer.
(3) Information required--(i) General. The operator of a mothership
or catcher/processor or manager of a shoreside processor must record on
each page of a PTR:
(A) Whether the PTR is an original or revised report, as described
in paragraph (a)(6)(iii)(G) of this section.
(B) Page numbers must be numbered consecutively, starting with the
first transfer of the fishing year as page 1 and continuing throughout
the remainder of the fishing year.
(C) ``RECEIPT,'' if product (including raw fish) is received;
``OFFLOAD,'' if product (including raw fish) is offloaded from a
mothership or catcher/processor; ``SHIPMENT,'' if product (including
raw fish) is shipped from a shoreside processor.
(D) Representative identification information, as described in
paragraph (a)(5)(vi) of this section.
(E) If a catcher/processor or mothership, the participant
identification information as described in paragraph (a)(5) of this
section and USCG documentation number. If a shoreside processor, the
participant identification information as described in paragraph (a)(5)
of this section.
(ii) Transfer information. The operator of a catcher/processor or
mothership or manager of a shoreside processor must record on each page
the following information for each transfer:
(A) If another vessel is involved with the transfer, the name and
call sign of the vessel receiving or delivering groundfish or
groundfish products.
(B) If a mothership or catcher/processor and the transfer takes
place in port, the port of landing and country, if a foreign location.
(C) If the transfer is made to an agent, the agent's name. For
purposes of this section, ``agent'' is defined as the transport
company, the buyer, or the distributor.
(D) Intended first destination of product. (1) If an offload or
shipment, the intended destination of the vessel or agent receiving the
groundfish or groundfish product.
(2) If an offload or shipment has several destinations, the first
intended destination.
(3) If offload or shipment has a single destination but requires
loading on multiple vans, trucks, or airline flights, the transfer may
be recorded on a single PTR page.
(E) Date and time of product transfer--(1) Start date. The date, as
described in paragraph (a)(6)(iii)(B) of this section, and time, as
described in paragraph (a)(6)(iii)(C) of this section, the transfer
starts.
(2) Finish date. The date and time the transfer is completed, as
follows:
(i) If shipment is an individual van load or flight, the date and
time when each shipment leaves the plant.
(ii) If shipment involves multiple vans or trucks, the date and
time when loading of vans or trucks is completed for each day.
(iii) If shipment involves airline flights, record date, as
described in paragraph (a)(6)(iii)(B) of this section, and time, as
described in paragraph (a)(6)(iii)(C) of this section, when the last
airline flight shipment of the day leaves the plant.
(F) Position transferred. If a catcher/processor or mothership and
transfer of product is made at sea, the transfer position coordinates.
(iii) Products and quantities offloaded, shipped, or received. The
operator of a catcher/processor or mothership or manager of a shoreside
processor must record the following information:
(A) If a catcher/processor or mothership, the Harvest Zone code of
the area in which groundfish were harvested as defined in Table 8 of
this part.
(B) The species code and product code for each product transferred
as defined in Tables 1 and 2 of this part.
(C) The number of cartons or production units transferred.
(D) The average net weight of one carton for each species and
product code in kilograms or pounds.
(E) The total net weight (fish product weight, to the nearest 0.01
mt) of the products transferred.
(iv) Total or partial offload. If a catcher/processor or
mothership, whether the transfer is a total or partial

[[Page 31245]]

offload. If partial offload, the total fish product weight, to the
nearest 0.01 mt, of the products (by harvest zone, species and product
codes) remaining on board after this transfer.
(h) Check-in/check-out report--(1) Applicability--(i) Transit
between reporting areas. If a vessel is transiting through a reporting
area and is not fishing or receiving fish, a check-in or check-out
report is not required from that area.
(ii) Multiple vessel operations categories--(A) Check-in report. If
a catcher/processor is functioning simultaneously as a mothership in
the same reporting area, the operator must submit a separate check-in
report for each vessel operations category.
(B) Check-out report. Upon completion of each activity, the
operator must submit a check-out report for each vessel operations
category.
(2) Time limits and submittal--(i) Check-in report (BEGIN
message)--(A) Catcher/processor. Before the operator of a catcher/
processor commences harvest of groundfish in Alaska State or Federal
waters of any reporting area except 300, 400, 550, or 690, the operator
must submit by fax a check-in report (BEGIN message) to the Regional
Director.
(B) Mothership or buying station delivering to a mothership. Before
the operator of a mothership or buying station delivering to a
mothership commences receipt of groundfish from Alaska State or Federal
waters of any reporting area except 300, 400, 550, or 690, the operator
must submit by fax a check-in report (BEGIN message) to the Regional
Director.
(C) Shoreside processor or buying station delivering to a shoreside
processor. Before the manager of a shoreside processor or buying
station delivering to a shoreside processor commences receipt of
groundfish from Alaska State or Federal waters of any reporting area
except 300, 400, 550, or 690, the manager must submit by fax a check-in
report to the Regional Director.
(ii) Check-out report (CEASE message)--(A) Catcher/processor. If a
catcher/processor departs a reporting area or moves between Alaska
State and Federal waters in a reporting area, and gear retrieval is
complete from that area, the operator must submit by fax a check-out
report to the Regional Director within 24 hours after departing a
reporting area or leaving either the Alaska State or Federal part of a
reporting area.
(B) Mothership or buying station delivering to a mothership. If a
mothership or buying station delivering to a mothership completes
receipt of groundfish, the operator must submit by fax a check-out
report to the Regional Director within 24 hours after departing a
reporting area or leaving either the Alaska State or Federal part of a
reporting area.
(C) Shoreside processor. If a shoreside processor, the manager must
submit by fax a check-out report to the Regional Director within 48
hours after the end of the applicable weekly reporting period that a
shoreside processor ceases to process groundfish for the fishing year
or has not processed groundfish for more than one weekly reporting
period.
(D) Buying station delivering to a shoreside processor. If a buying
station delivering to a shoreside processor, the manager must submit by
fax a check-out report to the Regional Director within 48 hours after
the applicable weekly reporting period that a buying station delivering
to a shoreside processor ceases to receive or deliver groundfish for
the fishing year or has not received or delivered groundfish for more
than one weekly reporting period.
(E) End of fishing year. If a check-out report has not previously
been submitted during a fishing year, the operator or manager must
submit a check-out report at the end of that fishing year, December 31.
(3) Information required--(i) General. The operator of a catcher/
processor, mothership, or buying station delivering to a mothership or
the manager of a shoreside processor or buying station delivering to a
shoreside processor must record on each page:
(A) Whether it is an original or revised report as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section.
(D) For a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish. If groundfish are received by
a mothership in the same reporting area from more than one gear type,
or if groundfish are caught by a catcher/processor in the same
reporting area using more than one gear type, the operator must submit
a separate form for each gear type.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(F) If a buying station, the number of crew on the last day of the
reporting week.
(ii) BEGIN message. The operator of a catcher/processor,
mothership, or buying station delivering to a mothership or the manager
of a shoreside processor or buying station delivering to a shoreside
processor must record:
(A) For a catcher/processor, date and time that gear is deployed.
For a mothership, date and time that receipt of groundfish begins.
(B) For a catcher/processor, position coordinates where gear is
set. For a mothership, position coordinates where groundfish receipt
begins.
(C) For a catcher/processor, the reporting area code of gear
deployment and whether gear deployment was in Federal or Alaska State
waters. For a mothership or buying station delivering to a mothership,
the reporting area code where groundfish receipt begins and whether
receipt of groundfish occurred in Federal or Alaska State waters.
(D) For a shoreside processor, the date receipt of groundfish will
begin, whether checking in for the first time in fishing year or
checking in to restart receipt and processing of groundfish after
filing a check-out report.
(E) For a mothership or catcher/processor, the primary and
secondary species expected to be harvested. For a buying station, the
intended primary target expected to be harvested. A change in intended
target species within the same reporting area does not require a new
BEGIN message.
(iii) CEASE message. The operator of a catcher/processor,
mothership, or buying station delivering to a mothership or the manager
of a shoreside processor or buying station delivering to a shoreside
processor must report:
(A) If a catcher/processor, mothership or buying station delivering
to a mothership, the date, time and position coordinates where the
vessel departed the reporting area or moved to Federal waters from
Alaska State waters within a reporting area, or vice versa.
(B) If a shoreside processor or buying station delivering to a
shoreside processor, the date that receipt of groundfish ceased.
(iv) Fish or fish product held at plant. The manager of a shoreside
processor must report the weight of the fish or fish products in pounds
or to the nearest 0.01 mt by species and product codes.
(i) Weekly Production Report (WPR)--(1) Applicability. (i) The
operator of a catcher/processor or mothership or the manager of a
shoreside processor must submit a WPR for any week the mothership,
catcher/processor, or shoreside processor is checked in pursuant to
paragraph (h)(2)(i) of this section.
(ii) The operator of a vessel that is authorized to conduct
operations as both a catcher/processor and as a mothership must submit
separate WPRs

[[Page 31246]]

to report production and discard as a catcher/processor and production
and discard as a mothership.
(2) Time limits and submittal. The operator or manager must submit
a WPR by fax to the Regional Director by 1200 hours, A.l.t., on the
Tuesday following the end of the applicable weekly reporting period.
(3) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must
record on each page:
(A) Whether an original or revised report, as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section and date WPR was completed.
(D) If a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(F) The week-ending date.
(G) The primary and secondary target codes for the next week.
(H) If a mothership or catcher/processor, the number of crew on the
last day of the reporting week.
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section.
(iii) Discarded/donated species information (Part ID). The operator
of a catcher/processor or mothership, or the manager of a shoreside
processor must report discard/donated species information as described
in paragraph (a)(10) of this section.
(iv) Product information. The operator of a catcher/processor or
mothership, or the manager of a shoreside processor must report product
information as described in paragraph (a)(9) of this section.
(v) Catcher vessel delivery information. If ADF&G fish tickets are
issued, the operator of the mothership or manager of the shoreside
processor must list the fish ticket numbers issued to catcher vessels
for the weekly reporting period.
(j) Daily Production Report (DPR)--(1) Notification. If the
Regional Director determines that DPRs are necessary to avoid exceeding
a groundfish TAC or prohibited species bycatch allowance, NMFS may
require submission of DPRs from motherships, catcher/processors, and
shoreside processors for reporting one or more specified species, in
addition to a WPR. NMFS will publish notification in the Federal
Register specifying the fisheries that require DPRs and the dates that
submittal of DPRs are required.
(2) Applicability. (i) If a catcher/processor, mothership, or
shoreside processor is checked in to the specified reporting area and
is harvesting, receiving, processing, or discarding the specified
species or is receiving reports from a catcher vessel of discard at sea
of the specified species, the operator of catcher/processor or
mothership or the manager of a shoreside processor must submit a DPR.
(ii) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must use a separate DPR for each gear
type, processor type, and CDQ number.
(3) Time limit and submittal. The operator or manager must submit a
DPR by fax to the Regional Director by 1200 hours, A.l.t., the day
following each day of landings, discard, or production.
(4) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must
record on each page:
(A) Whether it is an original or revised report as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section, and processor type.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section.
(D) The gear type used to harvest the groundfish, date landings
were received, and Federal reporting area where landings were
harvested.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section.
(iii) Product information. The operator of a mothership or catcher/
processor must report product information as described in paragraph
(a)(9) of this section.
(iv) Discard/donated species information. The operator of a
mothership or catcher/processor and the manager of a shoreside
processor must report discard/donated species information as described
in paragraph (a)(10) of this section.
(k) U.S. Vessel Activity Report (VAR)--(1) Applicability. The
operator of a catcher vessel, catcher/processor, or mothership
regulated under this part must submit a VAR by fax to NMFS Alaska
Enforcement Division, Juneau, AK, before the vessel crosses the seaward
boundary of the EEZ off Alaska or crosses the U.S.-Canadian
international boundary between Alaska and British Columbia.
(2) Information required--(i) General. The operator of each catcher
vessel, catcher/processor, or mothership must record on each page:
(A) Whether an original or revised report as described in paragraph
(a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section, and date VAR was completed.
(D) If the vessel is crossing into the seaward boundary of the EEZ
off Alaska or crossing the U.S.-Canadian international boundary between
Alaska and British Columbia, the operator must indicate ``return''
report.
(E) If the vessel is crossing out of the seaward boundary of the
EEZ off Alaska or crossing the U.S.-Canadian international boundary
between Alaska and British Columbia into Canadian waters, the operator
must indicate ``depart'' report.
(F) Port of landing.
(G) Whether the vessel is returning from fishing or departing to
fish in the Russian Zone.
(H) Date and time the vessel will cross the seaward boundary of the
EEZ off Alaska or the U.S.-Canadian international boundary between
Alaska and British Columbia.
(I) Latitude and longitude at the point of crossing the seaward
boundary of the EEZ off Alaska or U.S.-Canadian international boundary
between Alaska and British Columbia.
(ii) Fish or fish products. The operator of a catcher vessel,
catcher/processor, or mothership must record the fish or fish product
on board the vessel when crossing the seaward boundary of the EEZ off
Alaska or U.S.-Canadian international boundary as follows:
(A) The Harvest Zone code of the area in which groundfish were
harvested as defined in Table 8 of this part.
(B) The species code and product code for each species on board as
defined in Tables 1 and 2 of this part.
(C) The fish product weight of products on board in pounds or to
the nearest 0.01 mt.
(l) IFQ recordkeeping and reporting requirements. In addition to
the recordkeeping and reporting requirements in this section and as
specified in part 301 of this title, the following reports are
required.
(1) IFQ landings report--(i) Prior notice of IFQ landing. The
operator of any vessel making an IFQ landing must

[[Page 31247]]

notify the Alaska Region, NMFS, no less than 6 hours before landing IFQ
halibut or IFQ sablefish, unless permission to commence an IFQ landing
within 6 hours of notification is granted by a clearing officer.
(A) Notification of an IFQ landing must be made to the toll-free
telephone number specified on the IFQ permit between the hours of 0600
hours, A.l.t., and 2400 hours, A.l.t.
(B) Notification must include: Name and location of the registered
buyer(s) to whom the IFQ halibut or IFQ sablefish will be landed,
vessel identification, estimated weight of the IFQ halibut or IFQ
sablefish that will be landed, identification number(s) of the IFQ
card(s) that will be used to land the IFQ halibut or IFQ sablefish, and
anticipated date and time of landing.
(ii) Registered buyer reports IFQ landings. (A) A registered buyer
must report an IFQ landing in the manner prescribed on the registered
buyer permit within 6 hours after all such fish are landed and prior to
shipment or departure of the delivery vessel from the landing site.
(B) An IFQ landing may be made only between the hours of 0600
hours, A.l.t., and 1800 hours, A.l.t., unless permission to land at a
different time is granted in advance by a clearing officer. An IFQ
landing may continue after this time period if it were started during
the period.
(iii) Verification and inspection. (A) Each IFQ landing and all
fish retained on board the vessel making an IFQ landing are subject to
verification, inspection, and sampling by authorized officers, clearing
officers, or observers. Each IFQ halibut landing is subject to sampling
for biological information by persons authorized by the IPHC.
(B) A copy of all reports and receipts required by this section
must be retained by registered buyers and be made available for
inspection by an authorized officer or a clearing officer for a period
of 3 years.
(iv) Information required. Information contained in a complete IFQ
landing report shall include: Date, time, and location of the IFQ
landing; names and permit numbers of the IFQ card holder and registered
buyer; product type landed; and fish product weight of sablefish and
halibut landed.
(2) IFQ shipment report--(i) Applicability. Each registered buyer,
other than those conducting dockside sales, must report on a shipment
report any shipments or transfers of IFQ halibut and IFQ sablefish to
any location other than the location of the IFQ landing.
(ii) Submittal. (A) A shipment report must be submitted to the
Chief, RAM Division, prior to shipment or transfer, in a manner
prescribed on the registered buyer permit.
(B) A shipment report must specify: Species and product type being
shipped, number of shipping units, fish product weight, names of the
shipper and receiver, names and addresses of the consignee and
consignor, mode of transportation, and intended route.
(iii) Registered buyer. A registered buyer must assure that:
(A) Shipments of IFQ halibut or IFQ sablefish from that registered
buyer in Alaska or in any IFQ regulatory area to a destination outside
Alaska or outside an IFQ regulatory area do not commence until the
shipment report is received by the Alaska Region, NMFS.
(B) A copy of the shipment report or a bill of lading that contains
the same information accompanies the shipment to all points of sale in
Alaska and to the first point of sale outside of Alaska.
(iv) Dockside sale and outside landing. (A) A person holding a
valid IFQ permit, IFQ card, and registered buyer permit may conduct a
dockside sale of IFQ halibut or IFQ sablefish to a person who has not
been issued a registered buyer permit.
(B) The person making such an IFQ landing must submit an IFQ
landing report in the manner prescribed in paragraph (l)(1) of this
section before any fish are sold, transferred, or removed from the
immediate vicinity of the vessel with which they were harvested.
(C) A receipt that includes the date of sale or transfer, the
registered buyer permit number, and the fish product weight of the
sablefish or halibut transferred must be issued to each individual
receiving IFQ halibut or IFQ sablefish through a dockside sale.
(D) A person holding a valid IFQ permit, IFQ card, and registered
buyer permit may conduct a IFQ landing outside an IFQ regulatory area
or the State of Alaska to a person who does not hold a registered buyer
permit. The person making such an IFQ landing must submit an IFQ
landing report in the manner prescribed in paragraph (l)(1) of this
section.
(v) Transshipment. (A) No person may transship processed IFQ
halibut or IFQ sablefish between vessels without authorization by a
clearing officer. Authorization must be obtained for each instance of
transshipment.
(B) An IFQ transshipper's request for authorization to transship
must be received by a clearing officer at least 24 hours before the
transshipment is intended to occur.
(3) IFQ vessel clearance--(i) Applicability. A person who makes an
IFQ landing at any location other than in an IFQ regulatory area or in
the State of Alaska must obtain prelanding written clearance of the
vessel and provide the weight of IFQ halibut and IFQ sablefish on board
to the clearing officer.
(ii) State of Alaska. A vessel obtaining prelanding written
clearance at a port in the State of Alaska must obtain that clearance
prior to departing the waters of the EEZ adjacent to the jurisdictional
waters of the State of Alaska, the territorial sea of the State of
Alaska, or the internal waters of the State of Alaska.
(iii) State other than Alaska. (A) A vessel obtaining prelanding
written clearance at a port in a state other than Alaska must provide a
departure report to NMFS, Alaska Region, prior to departing the waters
of the EEZ adjacent to the jurisdictional waters of the State of
Alaska, the territorial sea of the State of Alaska, or the internal
waters of the State of Alaska.
(B) The departure report must include the weight of the IFQ halibut
or IFQ sablefish on board and the intended date and time the vessel
will obtain prelanding written clearance at that port in a state other
than Alaska.
(iv) Foreign port other than Canada. A vessel operator who lands
IFQ species in a foreign port must first obtain vessel clearance from a
clearing officer located at a primary port in the State of Alaska.
(v) Canadian ports. No person shall make an IFQ landing in Canada
other than at the ports of Port Hardy, Prince Rupert, or Vancouver,
British Columbia.
(vi) Reporting requirements. (A) A vessel operator must land and
report all IFQ species on board at the same time and place as the first
landing of any species harvested during a fishing trip.
(B) Any person requesting a vessel clearance must have valid IFQ
and registered buyer permits and one or more valid IFQ cards on board
that indicate that IFQ holdings are equal to or greater than all IFQ
halibut and IFQ sablefish on board, and must report the intended date,
time, and location of IFQ landing.
(C) Any person granted a vessel clearance must submit an IFQ
landing report, required under this section, for all IFQ halibut, IFQ
sablefish, and products thereof that are on board the vessel at the
first landing of any fish from the vessel.
(vii) Inspection. A vessel seeking clearance is subject to
inspection of all fish, log books, permits, and other documents on
board the vessel, at the discretion of the clearing officer.

[[Page 31248]]

(viii) Primary ports. Unless specifically authorized on a case-by-
case basis, vessel clearances will be issued only by clearing officers
at the following primary ports:

------------------------------------------------------------------------
Port North latitude West longitude
------------------------------------------------------------------------
Akutan......................... 54 deg.08'05'' 165 deg.46'20''
Bellingham..................... 48 deg.45'04'' 122 deg.30'02''
Cordova........................ 60 deg.33'00'' 145 deg.45'00''
Craig.......................... 55 deg.28'30'' 133 deg.09'00''
Dutch Harbor/Unalaska.......... 53 deg.53'27'' 166 deg.32'05''
Excursion Inlet................ 58 deg.25'00'' 135 deg.26'30''
Homer.......................... 59 deg.38'40'' 151 deg.33'00''
Ketchikan...................... 55 deg.20'30'' 131 deg.38'45''
King Cove...................... 55 deg.03'20'' 162 deg.19'00''
Kodiak......................... 57 deg.47'20'' 152 deg.24'10''
Pelican........................ 57 deg.57'30'' 136 deg.13'30''
Petersburg..................... 56 deg.48'10'' 132 deg.58'00''
St. Paul....................... 57 deg.07'20'' 170 deg.16'30''
Sand Point..................... 55 deg.20'15'' 160 deg.30'00''
Seward......................... 60 deg.06'30'' 149 deg.26'30''
Sitka.......................... 57 deg.03# 135 deg.20#
Yakutat........................ 59 deg.33# 139 deg.44'
------------------------------------------------------------------------

Sec. 679.6 Experimental fisheries.

(a) General. For limited experimental purposes, the Regional
Director may authorize, after consulting with the Council, fishing for
groundfish in a manner that would otherwise be prohibited. No
experimental fishing may be conducted unless authorized by an
experimental fishing permit issued by the Regional Director to the
participating vessel owner in accordance with the criteria and
procedures specified in this section. Experimental fishing permits will
be issued without charge and will expire at the end of a calendar year
unless otherwise provided for under paragraph (e) of this section.
(b) Application. An applicant for an experimental fishing permit
shall submit to the Regional Director, at least 60 days before the
desired effective date of the experimental fishing permit, a written
application including, but not limited to, the following information:
(1) The date of the application.
(2) The applicant's name, mailing address, and telephone number.
(3) A statement of the purpose and goal of the experiment for which
an experimental fishing permit is needed, including a general
description of the arrangements for disposition of all species
harvested under the experimental fishing permit.
(4) Technical details about the experiment, including:
(i) Amounts of each species to be harvested that are necessary to
conduct the experiment, and arrangement for disposition of all species
taken.
(ii) Area and timing of the experiment.
(iii) Vessel and gear to be used.
(iv) Experimental design (e.g., sampling procedures, the data and
samples to be collected, and analysis of the data and samples).
(v) Provision for public release of all obtained information, and
submission of interim and final reports.
(5) The willingness of the applicant to carry observers, if
required by the Regional Director, and a description of accommodations
and work space for the observer(s).
(6) Details for all coordinating parties engaged in the experiment
and signatures of all representatives of all principal parties.
(7) Information about each vessel to be covered by the experimental
fishing permit, including:
(i) Vessel name.
(ii) Name, address, and telephone number of owner and master.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(8) The signature of the applicant.
(9) The Regional Director may request from an applicant additional
information necessary to make the determinations required under this
section. Any application that does not include all necessary
information will be considered incomplete. An incomplete application
will not be considered to be complete until the necessary information
is provided in writing. An applicant for an experimental fishing permit
need not be the owner or operator of the vessel(s) for which the
experimental fishing permit is requested.
(c) Review procedures. (1) The Regional Director, in consultation
with the Alaska Fishery Science Center, will review each application
and will make a preliminary determination whether the application
contains all the information necessary to determine if the proposal
constitutes a valid fishing experiment appropriate for further
consideration. If the Regional Director finds any application does not
warrant further consideration, the applicant will be notified in
writing of the reasons for the decision.
(2) If the Regional Director determines any application is complete
and warrants further consideration, he or she will initiate
consultation with the Council by forwarding the application to the
Council. The Council's Executive Director shall notify the applicant of
a meeting at which the Council will consider the application and invite
the applicant to appear in support of the application, if the applicant
desires. If the Regional Director initiates consultation with the
Council, NMFS will publish notification of receipt of the application
in the Federal Register with a brief description of the proposal.
(d) Notifying the applicant. (1) The decision of the Regional
Director, after consulting with the Council, to grant or deny an
experimental fishing permit is the final action of the agency. The
Regional Director shall notify the applicant in writing of the decision
to grant or deny the experimental fishing permit and, if denied, the
reasons for the denial, including:
(i) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with the application.
(ii) According to the best scientific information available, the
harvest to be conducted under the permit would detrimentally affect
living marine resources, including marine mammals and birds, and their
habitat in a significant way.
(iii) Activities to be conducted under the experimental fishing
permit would be inconsistent with the intent of this section or the
management objectives of the FMP.
(iv) The applicant has failed to demonstrate a valid justification
for the permit.
(v) The activity proposed under the experimental fishing permit
could create a significant enforcement problem.
(vi) The applicant failed to make available to the public
information that had been obtained under a previously issued
experimental fishing permit.
(vii) The proposed activity had economic allocation as its sole
purpose.
(2) In the event a permit is denied on the basis of incomplete
information or design flaws, the applicant will be provided an
opportunity to resubmit the application, unless a permit is denied
because experimental fishing would detrimentally affect marine
resources, be inconsistent with the management objectives of the FMP,
create significant enforcement problems, or have economic allocation as
its sole purpose.
(e) Terms and conditions. The Regional Director may attach terms
and conditions to the experimental fishing permit that are consistent
with the purpose of the experiment, including, but not limited to:
(1) The maximum amount of each species that can be harvested and
landed during the term of the experimental fishing permit, including
trip limitations, where appropriate.
(2) The number, sizes, names, and identification numbers of the
vessels

[[Page 31249]]

authorized to conduct fishing activities under the experimental fishing
permit.
(3) The time(s) and place(s) where experimental fishing may be
conducted.
(4) The type, size, and amount of gear that may be used by each
vessel operated under the experimental fishing permit.
(5) The condition that observers be carried aboard vessels operated
under an experimental fishing permit.
(6) Reasonable data reporting requirements.
(7) Such other conditions as may be necessary to assure compliance
with the purposes of the experimental fishing permit and consistency
with the FMP objectives.
(8) Provisions for public release of data obtained under the
experimental fishing permit.
(f) Effectiveness. Unless otherwise specified in the experimental
fishing permit or superseding notification or regulation, an
experimental fishing permit is effective for no longer than 1 calendar
year, but may be revoked, suspended, or modified during the calendar
year. Experimental fishing permits may be renewed following the
application procedures in paragraph (b) of this section.

Sec. 679.7 Prohibitions.

In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to do any of the
following:
(a) Groundfish of the GOA and BSAI--(1) Federal fisheries permit.
Fish for groundfish with a vessel of the United States that does not
have on board a valid Federal fisheries permit issued pursuant to
Sec. 679.4.
(2) Inseason adjustment. Conduct any fishing contrary to
notification of inseason adjustment issued under Sec. 679.25.
(3) Observer plan. Fish for groundfish except in compliance with
the terms of an observer plan as provided by subpart E of this part.
(4) Pollock roe. Retain pollock roe on board a vessel in violation
of Sec. 679.20(g).
(5) Bycatch rate standard. Exceed a bycatch rate standard specified
for a vessel under Sec. 679.21(f).
(6) Gear. Deploy any trawl, longline, single pot-and-line, or jig
gear in an area when directed fishing for, or retention of, all
groundfish by operators of vessels using that gear type is prohibited
in that area, except that this paragraph (a)(6) shall not prohibit:
(i) Deployment of hook-and-line gear by operators of vessels
fishing for halibut during seasons governed by part 301 of this title.
(ii) Deployment of pot gear by operators of vessels fishing for
crab during seasons governed by the State of Alaska.
(iii) Deployment of jig gear by operators of vessels fishing for
salmon during seasons governed by the State of Alaska.
(7) Inshore/offshore (Applicable through December 31, 1998).
(i) Operate any vessel in more than one of the three categories
included in the definition of ``inshore component,'' in Sec. 679.2,
during any fishing year.
(ii) Operate any vessel under both the ``inshore component'' and
``offshore component'' definitions in Sec. 679.2 during the same
fishing year.
(8) Fishing in Donut Hole. Except as authorized by permit issued
pursuant to the section of the Donut Hole Convention implementing
legislation authorizing NMFS to issue Donut Hole fishing permits
(Public Law 104-43, section 104(d)), it is unlawful for any person to:
(i) Fish in the Donut Hole from a vessel for which a Federal
fisheries permit has been issued pursuant to Sec. 679.4 during the year
for which the permit was issued.
(ii) Possess within the EEZ fish harvested from the Donut Hole on
board a vessel for which a Federal fisheries permit has been issued
pursuant to Sec. 679.4 during the year for which the permit was issued.
(9) Authorized fishing gear. Retain groundfish taken with other
than authorized fishing gear as defined in Sec. 679.2, except that
groundfish incidentally taken by pot gear by a vessel while
participating in an open crab season governed by the State of Alaska
may be retained for use as unprocessed bait on board that vessel.
(10) Recordkeeping and reporting. Fail to comply with or fail to
ensure compliance with requirements in Sec. 679.5.
(11) Tender vessel. Use a catcher vessel or catcher/processor as a
tender vessel before offloading all groundfish or groundfish product
harvested or processed by that vessel.
(b) Prohibitions specific to GOA--(1) Observer. Forcibly assault,
resist, impede, intimidate, or interfere with an observer placed aboard
a fishing vessel pursuant to this part.
(2) Sablefish. Engage in directed fishing for sablefish with hook-
and-line gear from a vessel that was used to deploy hook-and-line gear
within 72 hours prior to the opening of the sablefish hook-and-line
directed fishery.
(3) Halibut. With respect to halibut caught with hook-and-line gear
deployed from a vessel fishing for groundfish, except for vessels
fishing for halibut in accordance with part 301 of this title:
(i) Fail to release the halibut outboard a vessel's rails.
(ii) Release the halibut by any method other than--A) Cutting the
gangion.
(B) Positioning the gaff on the hook and twisting the hook from the
halibut.
(C) Straightening the hook by using the gaff to catch the bend of
the hook and bracing the gaff against the vessel or any gear attached
to the vessel.
(iii) Puncture the halibut with a gaff or other device.
(iv) Allow the halibut to contact the vessel, if such contact
causes, or is capable of causing, the halibut to be stripped from the
hook.
(4) Crab, when fishing for groundfish with trawl gear. Except for
pollock by vessels using pelagic trawl gear, have on board, at any
particular time, 20 or more crabs of any species that have a width of
more than 1.5 inches (38 mm) at the widest dimension, and that are
caught with trawl gear when directed fishing for groundfish with trawl
gear.
(c) Prohibitions specific to BSAI--(1) Trawl gear in Zone 1. Use a
vessel to fish with trawl gear in that part of Zone 1 closed to fishing
with trawl gear:
(i) In violation of Sec. 679.22(a)(1)(i) and (a)(2)(i), unless
specifically allowed by NMFS as provided under Sec. 679.22(a)(1)(ii)
and (a)(2)(ii).
(ii) At any time when no scientific data collection and monitoring
program exists or after such program has been terminated.
(iii) Without complying fully with a scientific data collection and
monitoring program.
(2) Incidental salmon. Discard any salmon taken incidental to a
directed fishery for BSAI groundfish by vessels using trawl gear until
notified by a NMFS-certified observer that the number of salmon has
been determined and the collection of any scientific data or biological
samples has been completed as provided in Sec. 679.21(c)(1).
(3) Prohibited species. Conduct any fishing contrary to a
notification issued under Sec. 679.21.
(4) Crab, when fishing for pollock with nonpelagic trawl gear. Have
on board at any particular time 20 or more crabs of any species that
have a width of more than 1.5 inches (38 mm) at the widest dimension,
caught with trawl gear when directed fishing for pollock with
nonpelagic trawl gear.
(d) CDQ (Applicable through December 31, 1998). (1) Participate in
a Western Alaska CDQ program in violation of subpart C of this part,
submit information that is false or inaccurate with a CDP application
or

[[Page 31250]]

request for an amendment, or exceed a CDQ as defined in Sec. 679.2.
(2) Operate a vessel that harvests pollock for credit to a CDQ
allocation when that allocation has been fully harvested.
(e) Moratorium on entry. (1) Submit false or inaccurate information
on a moratorium permit application or application to transfer
moratorium qualification.
(2) Alter, erase, or mutilate any moratorium permit.
(3) Catch and retain a moratorium species with a vessel that has a
LOA greater than the maximum LOA for the vessel.
(4) Catch and retain a moratorium species with a vessel that has
received an unauthorized transfer of moratorium qualification.
(5) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that has
not been issued a valid moratorium permit, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts C and
D of this part.
(6) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that does
not have a valid moratorium permit on board, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts C and
D of this part.
(f) IFQ fisheries. (1) Fail to submit, or submit inaccurate
information on, any report, application, or statement required under
this part.
(2) Intentionally submit false information on any report,
application, or statement required under this part.
(3) Retain halibut or sablefish caught with fixed gear without a
valid IFQ permit and without an IFQ card in the name of an individual
aboard.
(4) Except as provided in Sec. 679.5(l)(3), retain IFQ halibut or
IFQ sablefish on a vessel in excess of the total amount of unharvested
IFQ, applicable to the vessel category and IFQ regulatory area in which
the vessel is deploying fixed gear, and that is currently held by all
IFQ card holders aboard the vessel, unless the vessel has an observer
aboard under subpart E of this part and maintains the applicable daily
fishing log under Sec. 301.15 of this title and Sec. 679.5.
(5) Possess, buy, sell, or transport IFQ halibut or IFQ sablefish
harvested or landed in violation of any provision of this part.
(6) Make an IFQ landing without an IFQ card in the name of the
individual making the landing.
(7) Possess on a vessel or land IFQ sablefish concurrently with
non-IFQ sablefish, except that CDQ sablefish may be possessed on a
vessel and landed concurrently with IFQ sablefish.
(8) Discard Pacific cod or rockfish that are taken when IFQ halibut
or IFQ sablefish are on board, unless Pacific cod or rockfish are
required to be discarded under Sec. 679.20 or unless, in waters within
the State of Alaska, Pacific cod or rockfish are required to be
discarded by laws of the State of Alaska.
(9) Harvest on any vessel more IFQ halibut or IFQ sablefish than
are authorized under Sec. 679.42.
(10) Make an IFQ landing other than directly to (or by) a
registered buyer.
(11) Discard halibut or sablefish caught with fixed gear from any
catcher vessel when any IFQ card holder aboard holds unused halibut or
sablefish IFQ for that vessel category and the IFQ regulatory area in
which the vessel is operating, unless:
(i) Discard of halibut is required under part 301 of this title;
(ii) Discard of sablefish is required under Sec. 679.20 or, in
waters within the State of Alaska, discard of sablefish is required
under laws of the State of Alaska; or
(iii) Discard of halibut or sablefish is required under other
provisions.
(12) Make an IFQ landing without prior notice of landing and before
6 hours after such notice, except as provided in Sec. 679.5.
(13) Operate a vessel as a catcher vessel and a freezer vessel
during the same fishing trip.
(14) Any person who is issued a registered buyer permit under
Sec. 679.4(d)(2) and who also is required to obtain a Federal processor
permit under Sec. 679.4(f) may not transfer or receive sablefish
harvested in Federal waters or halibut, unless the person possesses a
valid Federal processor permit issued under Sec. 679.4.
(15) Violate any other provision under subpart D of this part.
(g) Research Plan. (1) Forcibly assault, resist, oppose, impede,
intimidate, or interfere with an observer.
(2) Interfere with or bias the sampling procedure employed by an
observer, including sorting or discarding any catch before sampling; or
tamper with, destroy, or discard an observer's collected samples,
equipment, records, photographic film, papers, or personal effects
without the express consent of the observer.
(3) Prohibit or bar by command, impediment, threat, coercion, or by
refusal of reasonable assistance, an observer from collecting samples,
conducting product recovery rate determinations, making observations,
or otherwise performing the observer's duties.
(4) Harass an observer by conduct that has sexual connotations, has
the purpose or effect of interfering with the observer's work
performance, or otherwise creates an intimidating, hostile, or
offensive environment. In determining whether conduct constitutes
harassment, the totality of the circumstances, including the nature of
the conduct and the context in which it occurred, will be considered.
The determination of the legality of a particular action will be made
from the facts on a case-by-case basis.
(5) Process or receive fish from a Research Plan fishery without a
valid permit issued pursuant to this part.
(6) Deliver fish from a Research Plan fishery to a processor not
possessing a valid permit issued pursuant to this part.
(7) Subtract from a billed fee assessment costs paid for observer
coverage under provisions of Sec. 679.50 that are based on false or
inaccurate information.
(8) Fish for or process fish without observer coverage required
under subpart E of this part.
(9) Require an observer to perform duties normally performed by
crew members, including, but not limited to, cooking, washing dishes,
standing watch, vessel maintenance, assisting with the setting or
retrieval of gear, or any duties associated with the processing of
fish, from sorting the catch to the storage of the finished product.

Sec. 679.8 Facilitation of enforcement.

See Sec. 600.740 of this chapter.

Sec. 679.9 Penalties.

See Sec. 600.735 of this chapter.

Subpart B--Management Measures

Sec. 679.20 General limitations.

This section applies to vessels engaged in directed fishing for
groundfish in the GOA and BSAI.
(a) Harvest limits--(1) OY. The OY for BSAI and GOA target species
and the ``other species'' category is a range that can be harvested
consistently with this part, plus the amounts of ``nonspecified
species'' taken incidentally to the harvest of target species and the
``other species'' category. The species categories are defined in Table
1 of the specifications as provided in paragraph (c) of this section.
(i) BSAI. The OY for groundfish in the BSAI regulated by this
section and by part 600 of this chapter is 1.4 to 2.0 million mt.

[[Page 31251]]

(ii) GOA. The OY for groundfish in the GOA regulated by this
section and by part 600 of this chapter is 116,000 to 800,000 mt.
(2) TAC. NMFS, after consultation with the Council, will specify
and apportion the annual TAC and reserves for each calendar year among
the GOA and BSAI target species and the ``other species'' categories.
TACs in the target species category may be split or combined for
purposes of establishing new TACs with apportionments thereof under
paragraph (c) of this section. The sum of the TACs so specified must be
within the OY range specified in paragraph (a)(1) of this section.
(3) Annual TAC determination. The annual determinations of TAC for
each target species and the ``other species'' category, and the
reapportionment of reserves may be adjusted, based upon a review of the
following:
(i) Biological condition of groundfish stocks. Resource assessment
documents prepared annually for the Council that provide information on
historical catch trend; updated estimates of the MSY of the groundfish
complex and its component species groups; assessments of the stock
condition of each target species and the ``other species'' category;
assessments of the multispecies and ecosystem impacts of harvesting the
groundfish complex at current levels, given the assessed condition of
stocks, including consideration of rebuilding depressed stocks; and
alternative harvesting strategies and related effects on the component
species group.
(ii) Socioeconomic considerations. Socioeconomic considerations
that are consistent with the goals of the fishery management plans for
the groundfish fisheries of the BSAI and the GOA, including the need to
promote efficiency in the utilization of fishery resources, including
minimizing costs; the need to manage for the optimum marketable size of
a species; the impact of groundfish harvests on prohibited species and
the domestic target fisheries that utilize these species; the desire to
enhance depleted stocks; the seasonal access to the groundfish fishery
by domestic fishing vessels; the commercial importance of a fishery to
local communities; the importance of a fishery to subsistence users;
and the need to promote utilization of certain species.
(4) Sablefish TAC--(i) GOA Eastern Area. Vessels in the Eastern
Area of the GOA using trawl gear will be allocated 5 percent of the
sablefish TAC for bycatch in other trawl fisheries.
(ii) GOA Central and Western Areas--(A) Hook-and-line gear. Vessels
in the Central and Western Areas of the GOA using hook-and-line gear
will be allocated 80 percent of the sablefish TAC in each of the
Central and Western areas.
(B) Trawl gear. Vessels using trawl gear will be allocated 20
percent of the sablefish TAC in these areas.
(iii) Bering Sea subarea--(A) Hook-and-line or pot gear. Vessels in
the Bering Sea subarea using hook-and-line or pot gear will be
allocated 50 percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Bering Sea subarea using trawl gear
will be allocated 50 percent of each TAC for sablefish.
(iv) Aleutian Islands subarea--(A) Hook-and-line or pot gear.
Vessels in the Aleutian Islands subarea using hook-and-line or pot gear
will be allocated 75 percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Aleutian Islands subarea using trawl
gear will be allocated 25 percent of each TAC for sablefish.
(5) Pollock TAC--(i) BSAI--(A) Seasonal allowances. The TAC of
pollock in each subarea or district of the BSAI will be divided, after
subtraction of reserves, into two allowances. The first allowance will
be available for directed fishing from 0001 hours, A.l.t., January 1,
through 1200 hours, A.l.t., April 15. The second allowance will be
available for directed fishing from 1200 hours, A.l.t., August 15,
through the end of the fishing year. Within any fishing year,
unharvested amounts of the first allowance will be added to the second
allowance, and harvests in excess of the first allowance will be
deducted from the second allowance.
(B) Apportionment to vessels using nonpelagic trawl gear-- (1)
General. NMFS, in consultation with the Council, may limit the amount
of pollock TAC that may be taken in the directed fishery for pollock
using nonpelagic trawl gear.
(2) Factors to be considered. The Regional Director must consider
the following information when limiting the amount of pollock TAC that
is apportioned to the directed fishery for pollock using nonpelagic
trawl gear:
(i) The PSC limits and PSC bycatch allowances established under
Sec. 679.21.
(ii) The projected bycatch of prohibited species that would occur
with and without a limit in the amount of pollock TAC that may be taken
in the directed fishery for pollock using nonpelagic trawl gear.
(iii) The cost of a limit in terms of amounts of pollock TAC that
may be taken with nonpelagic trawl gear on the nonpelagic and pelagic
trawl fisheries.
(iv) Other factors pertaining to consistency with the goals and
objectives of the FMP.
(3) Notification. NMFS will publish proposed and final
apportionment of pollock TAC to the directed fishery for pollock using
nonpelagic trawl gear in the Federal Register with notification of
proposed and final specifications defined in Sec. 679.20.
(ii) GOA--(A) Apportionment by area. The TAC for pollock in the
combined GOA Western and Central Regulatory Areas will be apportioned
among statistical areas 610, 620, and 630 in proportion to the
distribution of the pollock biomass as determined by the most recent
NMFS surveys.
(B) Seasonal allowances. Each apportionment will be divided into
three seasonal allowances of 25 percent, 25 percent, and 50 percent of
the apportionment, respectively, corresponding to the three fishing
seasons defined at Sec. 679.23(d)(2).
(1) Within any fishing year, any unharvested amount of any seasonal
allowance will be added proportionately to all subsequent seasonal
allowances, resulting in a sum for each allowance not to exceed 150
percent of the initial seasonal allowance.
(2) Within any fishing year, harvests in excess of a seasonal
allowance will be deducted proportionately from all subsequent seasonal
allowances.
(6) Inshore/offshore apportionments (Applicable through December
31, 1998)--(i) BSAI pollock. The apportionment of pollock in each BSAI
subarea or district, and for each seasonal allowance defined in
paragraph (a)(5)(i) of this section, will be allocated 35 percent to
vessels catching pollock for processing by the inshore component and 65
percent to vessels catching pollock for processing by the offshore
component.
(ii) GOA pollock. The apportionment of pollock in all GOA
regulatory areas and for each seasonal allowance described in paragraph
(a)(5)(ii) of this section will be allocated entirely to vessels
catching pollock for processing by the inshore component after
subtraction of an amount that is projected by the Regional Director to
be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species.
(iii) GOA Pacific cod. The apportionment of Pacific cod in all GOA
regulatory areas will be allocated 90 percent to vessels catching
Pacific cod for processing by the inshore component and 10 percent to
vessels catching Pacific cod for processing by the offshore component.

[[Page 31252]]

(iv) Directed fishing allowances and prohibitions. The Regional
Director may establish separate directed fishing allowances and
prohibitions authorized under paragraph (d) of this section for:
(A) BSAI pollock. Vessels catching pollock in the BSAI for
processing by the inshore component and for vessels catching pollock
for processing by the offshore component.
(B) GOA pollock. Vessels catching pollock in the GOA for processing
by the inshore component and for vessels catching pollock for
processing by the offshore component.
(C) GOA Pacific cod. Vessels catching Pacific cod in the GOA for
processing by the inshore component and for vessels catching Pacific
cod for processing by the offshore component.
(v) Reallocation--(A) BSAI pollock. If, during a fishing year, the
Regional Director determines that either the inshore or offshore
component will not be able to process the entire amount of pollock in
the BSAI allocated to vessels catching pollock for processing by that
component, NMFS will publish notification in the Federal Register that
reallocates the projected unused amount of pollock to vessels catching
pollock for processing by the other component.
(B) GOA pollock. If the Regional Director determines that the
inshore component will not be able to process the entire amount of
pollock in the GOA allocated to vessels catching pollock for processing
by the inshore component during a fishing year, NMFS will publish
notification in the Federal Register that reallocates the projected
unused amount of pollock to vessels catching pollock for processing by
the offshore component.
(C) GOA Pacific cod. If, during a fishing year, the Regional
Director determines that either the inshore or offshore component will
not be able to process the entire amount of Pacific cod in the GOA
allocated to vessels catching Pacific cod for processing by that
component, NMFS will publish notification in the Federal Register that
reallocates the projected unused amount of Pacific cod to vessels
catching Pacific cod for processing by the other component.
(7) Pacific cod TAC, BSAI (Applicable through December 31, 1996)--
(i) TAC by gear. (A) The BSAI TAC of Pacific cod, after subtraction of
reserves, will be allocated 2 percent to vessels using jig gear, 44
percent to vessels using hook-and-line or pot gear, and 54 percent to
vessels using trawl gear.
(B) The Regional Director may establish separate directed fishing
allowances and prohibitions authorized under paragraph (d) of this
section for vessels harvesting Pacific cod using jig gear, hook-and-
line or pot gear, or trawl gear.
(ii) Unused gear allocation. If, during a fishing year, the
Regional Director determines that vessels using trawl gear or hook-and-
line or pot gear will not be able to harvest the entire amount of
Pacific cod in the BSAI allocated to those vessels under paragraph
(a)(7)(i) of this section, NMFS may reallocate the projected unused
amount of Pacific cod to vessels harvesting Pacific cod using the other
gear type(s) through notification in the Federal Register.
(iii) Reallocation of TAC specified for jig gear. On or about
September 1 of each year, the Regional Director will reallocate 45
percent of any unused amount of Pacific cod in the BSAI allocated to
vessels using jig gear to vessels using hook-and-line or pot gear and
55 percent of any unused amount of Pacific cod allocated to vessels
using jig gear to vessels using trawl gear through publication in the
Federal Register.
(iv) Seasonal TAC apportionment--(A) Allocation periods. In the
publications of proposed and final harvest limit specifications
required under paragraph (c) of this section, NMFS, after consultation
with the Council, may seasonally apportion the amount of Pacific cod
TAC in the BSAI allocated to vessels using hook-and-line or pot gear
under paragraph (a)(7)(i) of this section among the following three
periods: January 1 through April 30; May 1 through August 31; and
September 1 through December 31.
(B) Factors to be considered. NMFS will base any seasonal
apportionment of the Pacific cod allocation to vessels using hook-and-
line or pot gear on the following information:
(1) Seasonal distribution of Pacific cod relative to prohibited
species distribution.
(2) Expected variations in prohibited species bycatch rates
experienced in the Pacific cod fisheries throughout the fishing year.
(3) Economic effects of any seasonal apportionment of Pacific cod
on the hook-and-line and pot-gear fisheries.
(8) All other groundfish TAC. The initial TAC for each target
species and the ``other species'' category will be 85 percent of the
TAC as provided under paragraph (b) of this section.
(b) Reserves--(1) BSAI--(i) General. Fifteen percent of the BSAI
TAC for each target species and the ``other species'' category, except
the hook-and-line and pot gear allocation for sablefish, is
automatically placed in a reserve, and the remaining 85 percent of the
TAC is apportioned for each target species and the ``other species''
category, except the hook-and-line and pot gear allocation for
sablefish.
(ii) Nonspecified reserve. The reserve is not designated by species
or species group, and any amount of the reserve may be apportioned to a
target species, except the hook-and-line gear and pot gear allocation
for sablefish, or the ``other species'' category, provided that such
apportionments are consistent with paragraph (a)(3) of this section and
do not result in overfishing of a target species or the ``other
species'' category.
(iii) Inshore/offshore reapportionment (Applicable through December
31, 1998). Any amounts of the BSAI nonspecific reserve that are
reapportioned to pollock as provided by this paragraph (b) must be
apportioned between inshore and offshore components in the same
proportion specified in paragraph (a)(6)(i) of this section.
(iv) Pacific cod (Applicable through December 31, 1996). Any
amounts of the BSAI nonspecific reserve that are apportioned to Pacific
cod as provided by this paragraph (b) must be apportioned between
vessels using jig, hook-and-line or pot, and trawl gear in the same
proportion specified in paragraph (a)(7)(i) of this section, unless the
Regional Director determines under paragraph (a)(7) (ii) or (iii) of
this section that vessels using a certain gear type will not be able to
harvest the additional amount of Pacific cod. In this case, the
nonspecific reserve will be apportioned to vessels using the other gear
type(s).
(2) GOA. Initial reserves are established for pollock, Pacific cod,
flounder, and ``other species,'' which are equal to 20 percent of the
TACs for these species or species groups.
(3) Apportionment of BSAI reserves--(i) Notification. (A) As soon
as practicable after April 1, June 1, and August 1, and on such other
dates as NMFS determines appropriate, NMFS will, by notification in the
Federal Register, apportion all or part of the BSAI reserve in
accordance with this paragraph (b).
(B) No apportionment, retention, or PSC limit adjustment may take
effect until notification has been published in the Federal Register
with a statement of the findings upon which the apportionment,
retention, or adjustment is based.
(ii) Apportionment--(A) General. Except as provided in paragraph
(b)(3)(ii)(B) of this section, NMFS will apportion the amount of BSAI
reserve that will be harvested by U.S. vessels during the remainder of
the year.

[[Page 31253]]

(B) Exception. Part or all of the reserve may be withheld if an
apportionment would adversely affect the conservation of groundfish
resources or prohibited species.
(iii) Public comment--(A) Prior comment. NMFS will provide all
interested persons an opportunity to comment on the proposed
apportionments, retentions, or PSC limit adjustments under this
paragraph (b) before such apportionments, retentions, or adjustments
are made, unless NMFS finds that there is good cause for not providing
a prior comment opportunity, and publishes the reasons therefor in the
notification of apportionment, retention, or adjustment.
(B) Submittal dates. Comments provided for in this paragraph
(b)(3)(iii) must be received by NMFS not later than 5 days before April
1, June 1, and August 1, or other dates that may be specified.
(C) Subsequent comment. If NMFS determines for good cause that
notification of apportionment, retention or PSC limit adjustment must
be issued without providing interested persons a prior opportunity for
public comment, comments on the apportionment, retention or adjustment
will be received for a period of 15 days after its effective date.
(D) Response to comments. NMFS will consider all timely comments in
deciding whether to make a proposed apportionment, retention, or PSC
limit adjustment or to modify an apportionment, retention, or
adjustment that previously has been made, and shall publish responses
to those comments in the Federal Register as soon as practicable.
(E) Data available. The Regional Director will make available to
the public during business hours the aggregate data upon which any
preliminary TAC or PSC limit figure is based or the data upon which any
apportionment or retention of surplus or reserve, or PSC limit
adjustment was or is proposed to be based. These data will be available
for a sufficient period to facilitate informed comment by interested
persons.
(c) Annual specifications--(1) Proposed specifications--
(i) General--(A) Notification. As soon as practicable after
consultation with the Council, NMFS will publish proposed
specifications for the succeeding fishing year. The proposed
specifications will reflect as accurately as possible the projected
changes in U.S. harvesting and processing capacity and the extent to
which U.S. harvesting and processing will occur during the coming year.
(B) Public comment. NMFS will accept public comment on the proposed
specifications for 30 days from the date of publication in the Federal
Register.
(ii) GOA. The GOA proposed specifications will specify annual TAC
amounts for each target species and the ``other species'' category and
apportionments thereof established under Sec. 679.20(a)(2), halibut
prohibited species catch amounts established under Sec. 679.21,
seasonal allowances of pollock, and inshore/offshore Pacific cod.
(iii) BSAI. The BSAI proposed specifications will specify the
annual TAC and initial TAC amounts for each target species and the
``other species'' category and apportionments thereof established under
Sec. 679.20(a)(2), prohibited species catch allowances established
under Sec. 679.21, seasonal allowances of pollock TAC, and reserve
amounts established under Sec. 679.31(a) and (c) for pollock CDQ and
sablefish CDQ.
(2) Interim specifications. Interim harvest specifications will be
in effect on January 1 and will remain in effect until superseded by
the filing of the final specifications by the Office of the Federal
Register. Interim specifications will be established as follows:
(i) GOA. One-fourth of each proposed TAC and apportionment thereof
(not including the reserves or the first seasonal allowance of
pollock), one-fourth of the proposed halibut prohibited species catch
amounts, and the proposed first seasonal allowance of pollock.
(ii) BSAI. Except for the hook-and-line and pot gear allocation of
sablefish, one-fourth of each proposed initial TAC and apportionment
thereof (not including the first seasonal allowance of pollock), one-
fourth of the proposed prohibited species catch allowance established
under Sec. 679.21, and the proposed first seasonal allowance of
pollock.
(3) Final specifications--(i) Notification. NMFS will consider
comments on the proposed specifications received during the comment
period and, after consultation with the Council, will publish final
specifications in the Federal Register. The final specifications will
supersede the interim specifications.
(ii) GOA. The final specifications will specify the annual TAC for
each target species and the ``other species'' category and
apportionments thereof, halibut prohibited species catch amounts, and
seasonal allowances of pollock.
(iii) BSAI. The final specifications will specify the annual TAC
for each target species and the ``other species'' category and
apportionments thereof, prohibited species catch allowances, seasonal
allowances of the pollock TAC, and the sablefish CDQ reserve amount
established under Sec. 679.31(c).
(4) Inshore/offshore allocations (Applicable through December 31,
1998). The proposed, interim, and final specifications will specify the
allocation of GOA Pacific cod, GOA pollock, and BSAI pollock for
processing by the inshore and offshore components, and any seasonal
allowances thereof, as authorized under paragraphs (a)(5) and (a)(7) of
this section.
(5) BSAI Pacific cod gear allocations (Applicable through December
31, 1996). The proposed, interim, and final specifications will specify
the allocation of BSAI Pacific cod among gear types as authorized under
paragraph (a)(7) of this section.
(d) Fishery closures--(1) Directed fishing allowance--(i) General.
If the Regional Director determines that any allocation or
apportionment of a target species or ``other species'' category
specified under paragraph (c) of this section has been or will be
reached, the Regional Director may establish a directed fishing
allowance for that species or species group.
(ii) Specified fishery amounts--(A) Inseason adjustments. The
category allocations or apportionments established under paragraph (c)
of this section may be revised by inseason adjustments for a given
species or species group or pollock allowance, as identified by
regulatory area, subarea, or district, and, if applicable, as further
identified by gear type.
(B) Incidental catch. In establishing a directed fishing allowance,
the Regional Director shall consider the amount of the allocation or
apportionment established under paragraph (c) of this section that will
be taken as incidental catch in directed fishing for other species in
the same subarea, regulatory area, or district.
(iii) Directed fishing closure--(A) Notification. If the Regional
Director establishes a directed fishing allowance for a fishery
allocation or apportionment under this paragraph (d), and that
allowance has been or will be reached before the end of the fishing
season or year, NMFS will publish notification in the Federal Register
prohibiting directed fishing in the specified subarea, regulatory area,
or district.
(B) Retention of bycatch species. If directed fishing for a target
species or the ``other species'' category is prohibited, a vessel may
not retain that bycatch species in an amount that exceeds the maximum
retainable bycatch amount, as calculated under

[[Page 31254]]

paragraphs (e) and (f) of this section, at any time during a fishing
trip.
(2) Groundfish as prohibited species closure. When the Regional
Director determines that the TAC of any target species or the ``other
species'' category specified under paragraph (c) of this section has
been or will be achieved prior to the end of a year, NMFS will publish
notification in the Federal Register requiring that target species or
the ``other species'' be treated in the same manner as a prohibited
species, as described under Sec. 679.21(b), for the remainder of the
year.
(3) Overfishing closure--(i) Notification. If, in making a
determination under paragraph (d)(2) of this section, the Regional
Director also determines that fishing for other target species or
species groups in the area, district or part thereof where the
notification applies, may lead to the overfishing of the species or
species group for which the allocation or apportionment has been or
will be reached, NMFS will publish notification in the Federal Register
specifying limitations or prohibitions designed to prevent overfishing
of that species or species group.
(ii) Limitations and prohibitions. These limitations and
prohibitions may prohibit directed fishing for other species or species
groups in the area, district, or part thereof where the notification
applies, or may limit time, area, or gear types that may be used in
directed fishing for the other species or species groups.
(iii) Factors to be considered. When making the determinations
specified under paragraphs (d)(1), (d)(2), and (d)(3) of this section,
the Regional Director may consider allowing fishing to continue or
resume with certain gear types or in certain areas and times based on
findings of:
(A) The risk of biological harm to a groundfish species or species
group for which the TAC or PSC limit is or will be reached.
(B) The risk of socioeconomic harm to authorized users of the
groundfish for which the TAC or PSC limit will be or has been reached.
(C) The impact that the continued closure might have on the
socioeconomic well-being of other domestic fisheries.
(e) Maximum retainable bycatch amounts--(1) Proportion of basis
species. The maximum retainable bycatch amount for a bycatch species or
species group is calculated as a proportion of the basis species
retained on board the vessel using the retainable percentages in Table
10 to this part for the GOA species categories and in Table 11 to this
part for the BSAI species categories.
(2) Calculation. (i) To calculate the maximum retainable bycatch
amount for a specific bycatch species, an individual retainable bycatch
amount must be calculated with respect to each basis species that is
retained on board that vessel.
(ii) To obtain these individual retainable bycatch amounts,
multiply the appropriate retainable percentage for the bycatch species/
basis species combination, set forth in Table 10 to this part for the
GOA species categories and Table 11 to this part for the BSAI species
categories, by the amount of that basis species, in round-weight
equivalents.
(iii) The maximum retainable bycatch amount for that specific
bycatch species is the sum of the individual retainable bycatch
amounts.
(f) Directed fishing calculations and determinations--(1) Round-
weight equivalents. Any determination concerning directed fishing, the
amount or percentage of any species, species group, or any fish or fish
products must be calculated in round-weight equivalents.
(2) Retainable amounts. Arrowtooth flounder, or any groundfish
species for which directed fishing is closed, may not be used to
calculate retainable amounts of other groundfish species.
(g) Allowable retention of pollock roe--(1) Percentage of pollock
roe. (i) Pollock roe retained on board a vessel at any time during a
fishing trip must not exceed 7 percent of the total round-weight
equivalent of pollock, as calculated from the primary pollock product
on board the vessel during the same fishing trip.
(ii) Determinations of allowable retention of pollock roe will be
based on amounts of pollock harvested, received, or processed during a
single fishing trip.
(iii) Pollock or pollock products from previous fishing trips that
are retained on board a vessel may not be used to determine the
allowable retention of pollock roe for that vessel.
(2) Primary product. (i) For purposes of this paragraph (g), only
one primary pollock product per fish, other than roe, may be used to
calculate the round-weight equivalent.
(ii) A primary pollock product that contains roe (such as headed
and gutted pollock with roe) may not be used to calculate the round-
weight equivalent of pollock.
(iii) The primary pollock product must be distinguished from
ancillary pollock products in the DCPL required under Sec. 679.5.
Ancillary products are those such as meal, heads, internal organs,
pectoral girdles, or any other product that may be made from the same
fish as the primary product.
(3) Pollock product recovery rates (PRRs). Only the following
product types and standard PRRs may be used to calculate round-weight
equivalents for pollock for purposes of this paragraph (g):

------------------------------------------------------------------------
Standard
product
Product code Product description recovery
rate
------------------------------------------------------------------------
07....................... Headed and gutted, western cut.. 0.65
08....................... Headed and gutted, eastern cut.. 0.56
10....................... Headed and gutted, without tail. 0.50
20....................... Fillets with skin & ribs........ 0.35
21....................... Fillets with skin on, no ribs... 0.30
22....................... Fillets with ribs, no skin...... 0.30
23....................... Fillets, skinless, boneless..... 0.21
24....................... Deep skin fillets............... 0.16
30....................... Surimi.......................... 0.16
31....................... Mince........................... 0.22
32....................... Meal............................ 0.17
------------------------------------------------------------------------

(4) Calculation of retainable pollock roe--(i) Round-weight
equivalent. (A) To calculate the amount of pollock roe that can be
retained on board during a fishing trip, first calculate the round-
weight equivalent by dividing the total

[[Page 31255]]

amount of primary product on board by the appropriate PRR.
(B) To determine the maximum mount of pollock roe that can be
retained on board a vessel during the same fishing trip, multiply the
round-weight equivalent by 0.07.
(C) Pollock roe retained on board from previous fishing trips will
not be counted.
(ii) Two or more products from different fish. (A) If two or more
products, other than roe, are made from different fish, round-weight
equivalents are calculated separately for each product.
(B) To determine the maximum amount of pollock roe that can be
retained on board a vessel during a fishing trip, add the round-weight
equivalents together; then, multiply the sum by 0.07.
(iii) Two or more products from same fish. If two or more products,
other than roe, are made from the same fish, the maximum amount of
pollock roe that can be retained during a fishing trip is determined
from the primary product.
(5) Primary pollock product--(i) Process prior to transfer. Any
primary pollock product used to calculate retainable amounts of pollock
roe must be frozen, canned, or reduced to meal by the vessel retaining
the pollock roe prior to any transfer of the product to another vessel.
(ii) No discard of processed product. Any pollock product that has
been frozen, canned, or reduced to meal may not be discarded at sea.
(h) Standard product types and standard PRRs--(1) Calculating
round-weight equivalents from standard PRRs. Round-weight equivalents
for groundfish products are calculated using the product codes and
standard PRRs specified in Table 3 of this part.
(2) Adjustments. The Regional Director may adjust standard PRRs and
product types specified in Table 3 of this part if he or she determines
that existing standard PRRs are inaccurate or if new product types are
developed.
(i) Adjustments to any standard PRR listed in Table 3 of this part
that are within and including 15 percent of that standard PRR may be
made without providing notification and opportunity for prior public
comment.
(ii) Adjustments of any standard PRR during a calendar year, when
aggregated with all other adjustments made during that year, will not
exceed 15 percent of the standard PRR listed in Table 3 of this part at
the beginning of that calendar year.
(iii) No new product type will be announced until NMFS publishes
the proposed adjustment and/or new product type in the Federal Register
and provides the public with at least 30 days opportunity for public
comment.
(iv) Any adjustment of a PRR that acts to further restrict the
fishery will not be effective until 30 days after the date of
publication in the Federal Register.
(v) If NMFS makes any adjustment or announcement without providing
a prior notification and opportunity for prior public comment, the
Regional Director will receive public comments on the adjustment or
announcement for a period of 15 days from the date of publication in
the Federal Register.

Sec. 679.21 Prohibited species bycatch management.

(a) Applicability. (1) This section applies to all vessels required
to have a Federal fisheries permit under Sec. 679.4.
(2) Except as otherwise provided, this section also applies to all
motherships and shoreside processors that receive groundfish from
vessels required to have a Federal fisheries permit under Sec. 679.4.
(b) General--(1) Definition. Prohibited species, for the purpose of
this part, means any of the species of Pacific salmon (Oncorhynchus
spp.), steelhead trout (Oncorhynchus mykiss), halibut, Pacific herring
(Clupea harengus pallasi), king crab, and Tanner crab caught by a
vessel regulated under this part while fishing for groundfish in the
BSAI or GOA, unless retention is authorized by other applicable laws,
including part 301 of this title.
(2) Prohibited species catch restrictions. The operator of each
vessel engaged in directed fishing for groundfish in the GOA or BSAI
must:
(i) Minimize its catch of prohibited species.
(ii) Sort its catch as soon as possible after retrieval of the gear
and, except as provided under paragraph (c) of this section, must
return all prohibited species or parts thereof to the sea immediately,
with a minimum of injury, regardless of its condition, after allowing
for sampling by an observer if an observer is aboard.
(3) Rebuttable presumption. Except as provided under paragraph (c)
of this section, it will be a rebuttable presumption that any
prohibited species retained on board a fishing vessel regulated under
this part was caught and retained in violation of this section.
(4) Prohibited species taken seaward of the EEZ off Alaska. No
vessel fishing for groundfish in the GOA or BSAI may have on board any
species listed in this paragraph (b) that was taken in waters seaward
of these management areas, regardless of whether retention of such
species was authorized by other applicable laws.
(c) Salmon taken in BSAI trawl fishery--(1) Salmon discard. Except
as provided in paragraph (c)(3) of this section, the operator of a
vessel and the manager of a shoreside processor must not discard any
salmon taken incidental to a directed fishery for BSAI groundfish by
vessels using trawl gear until the number of salmon has been determined
by a NMFS-certified observer and the collection of any scientific data
or biological samples from the salmon has been completed.
(2) Salmon retention and storage. (i) Operators of vessels carrying
observers aboard and whose fishing operations allow for sorting of BSAI
groundfish catch for salmon must retain all salmon bycatch from each
haul in a separate bin or other location that allows an observer free
and unobstructed physical access to the salmon to count each fish and
collect any scientific data or biological samples. Salmon from
different hauls must be retained separately in a manner that identifies
the haul from which the salmon were taken.
(ii) Operators of vessels not carrying observers aboard or whose
fishing operations do not allow for sorting of BSAI groundfish catch
for salmon must ice, freeze, or store in a refrigerated saltwater tank
all salmon taken as bycatch in trawl operations for delivery to the
processor receiving the vessel's BSAI groundfish catch.
(iii) Processors receiving BSAI groundfish harvested in a directed
fishery for groundfish using trawl gear must retain all salmon
delivered by each trawl vessel during a weekly reporting period in
separate bins marked with the vessel's name and ADF&G fish ticket
number(s) for each delivery until a NMFS-certified observer has counted
each salmon and collected any scientific data or biological samples
from the salmon delivered to the processor by that vessel. Processors
without an observer present must store whole salmon in an iced or
frozen state until an observer is available to count each fish. Salmon
must be stored at a location that allows an observer free and
unobstructed physical access to each salmon.
(3) Exemption. Motherships and shoreside processors that are exempt
from obtaining observer coverage during a month under Sec. 679.52 are
exempt from mandatory retention of salmon.
(4) Assignment of crew to assist observer. Operators of vessels and
managers of shoreside processors that are required to retain salmon
under paragraph (c)(1) of this section must designate and identify to
the NMFS-

[[Page 31256]]

certified observer aboard the vessel or at the shoreside processor a
crew person or employee to be responsible for sorting, retention, and
storage of salmon. Upon request of the NMFS-certified observer, the
designated crew person or employee also is responsible for counting
salmon and taking biological samples from retained salmon under the
direction of the observer.
(5) Release of salmon. Salmon must be returned to Federal waters as
soon as is practicable, with a minimum of injury, regardless of
condition, following notification by a NMFS-certified observer that the
number of salmon has been determined and the collection of any
scientific data or biological samples has been completed.
(d) GOA halibut PSC limits. This section is applicable for vessels
engaged in directed fishing for groundfish in the GOA.
(1) Notification--(i) Proposed and final limits and apportionments.
NMFS will publish annually in the Federal Register proposed and final
halibut PSC limits and apportionments thereof in the notification
required under Sec. 679.20.
(ii) Modification of limits. NMFS, by notification in the Federal
Register, may change the halibut PSC limits during the year for which
they were specified, based on new information of the types set forth in
this paragraph (d)(1).
(2) Public comment. NMFS will accept public comment on the proposed
halibut PSC limits, and apportionments thereof, for a period of 30 days
from the date of publication in the Federal Register. NMFS will
consider comments received on proposed halibut limits and, after
consultation with the Council, will publish notification in the Federal
Register specifying the final halibut PSC limits and apportionments
thereof.
(3) Trawl gear proposed halibut limit--(i) Notification. After
consultation with the Council, NMFS will publish notification in the
Federal Register specifying the proposed halibut PSC limit for vessels
using trawl gear.
(ii) Bycatch allowance. The halibut PSC limit specified for vessels
using trawl gear may be further apportioned as bycatch allowances to
the fishery categories listed in paragraph (d)(3)(iii) of this section,
based on each category's proportional share of the anticipated halibut
bycatch mortality during a fishing year and the need to optimize the
amount of total groundfish harvest under the halibut PSC limit. The sum
of all bycatch allowances will equal the halibut PSC limit established
under this paragraph (d).
(iii) Trawl fishery categories. For purposes of apportioning the
trawl halibut PSC limit among fisheries, the following fishery
categories are specified and defined in terms of round-weight
equivalents of those GOA groundfish species for which a TAC has been
specified under Sec. 679.20:
(A) Shallow-water species fishery. Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate catch
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species'' that is greater than the retained
aggregate amount of other GOA groundfish species or species group.
(B) Deep-water species fishery. Fishing with trawl gear during any
weekly reporting period that results in a retained catch of groundfish
and is not a shallow-water species fishery as defined under paragraph
(d)(3)(iii)(A) of this section.
(4) Hook-and-line and pot gear fisheries--(i) Notification. After
consultation with the Council, NMFS will publish notification in the
Federal Register specifying the proposed and final halibut PSC limits
for vessels using hook-and-line gear. The notification also may specify
a halibut PSC limit for the pot gear fisheries.
(ii) Halibut bycatch allowance. The halibut PSC limit specified for
vessels using hook-and-line gear may be further apportioned, as bycatch
allowances, to the fishery categories listed in paragraph (d)(4)(iii)
of this section, based on each category's proportional share of the
anticipated halibut bycatch mortality during a fishing year and the
need to optimize the amount of total groundfish harvest under the
halibut PSC limit. The sum of all bycatch allowances will equal the
halibut PSC limit established under this paragraph (d).
(iii) Hook-and-line fishery categories. For purposes of
apportioning the hook-and-line halibut PSC limit among fisheries, the
following fishery categories are specified and defined in terms of
round-weight equivalents of those GOA groundfish species for which a
TAC has been specified under Sec. 679.20.
(A) Demersal shelf rockfish in the Southeast Outside District.
Fishing with hook-and-line gear in the Southeast Outside District of
the GOA Eastern Regulatory Area (SEEO) during any weekly reporting
period that results in a retained catch of demersal shelf rockfish that
is greater than the retained amount of any other fishery category
defined under this paragraph (d)(4)(iii).
(B) Sablefish fishery. Fishing with hook-and-line gear during any
weekly reporting period that results in a retained catch of sablefish
that is greater than the retained amount of any other fishery category
defined under this paragraph (d)(4)(iii).
(C) Other hook-and-line fishery. Fishing with hook-and-line gear
during any weekly reporting period that results in a retained catch of
groundfish and is not a demersal shelf rockfish fishery or a sablefish
fishery defined under paragraphs (d)(4)(iii)(A) and (B) of this
section.
(5) Seasonal apportionments--(i) General. NMFS, after consultation
with the Council, may apportion each halibut PSC limit or bycatch
allowance specified under this paragraph (d) on a seasonal basis.
(ii) Factors to be considered. NMFS will base any seasonal
apportionment of a halibut PSC limit or bycatch allowance on the
following types of information:
(A) Seasonal distribution of halibut.
(B) Seasonal distribution of target groundfish species relative to
halibut distribution.
(C) Expected halibut bycatch needs, on a seasonal basis, relative
to changes in halibut biomass and expected catches of target groundfish
species.
(D) Expected variations in bycatch rates throughout the fishing
year.
(E) Expected changes in directed groundfish fishing seasons.
(F) Expected start of fishing effort.
(G) Economic effects of establishing seasonal halibut allocations
on segments of the target groundfish industry.
(iii) Unused seasonal apportionments. Unused seasonal
apportionments of halibut PSC limits specified for trawl, hook-and-
line, or pot gear will be added to the respective seasonal
apportionment for the next season during a current fishing year.
(iv) Seasonal apportionment exceeded. If a seasonal apportionment
of a halibut PSC limit specified for trawl, hook-and-line, or pot gear
is exceeded, the amount by which the seasonal apportionment is exceeded
will be deducted from the respective apportionment for the next season
during a current fishing year.
(6) Apportionment among regulatory areas and districts. Each
halibut PSC limit specified under this paragraph (d) also may be
apportioned among the GOA regulatory areas and districts.
(7) Halibut PSC closures--(i) Trawl gear fisheries. If, during the
fishing year, the Regional Director determines that U.S. fishing
vessels participating in either of the trawl fishery categories listed
in paragraph (d)(3)(iii) (A) or (B) of this section will catch the
halibut bycatch allowance, or apportionments thereof, specified for
that fishery category under paragraph (d)(1) of this section, NMFS will
publish notification

[[Page 31257]]

in the Federal Register closing the entire GOA or the applicable
regulatory area or district to directed fishing with trawl gear for
each species and/or species group that comprises that fishing category;
provided, however, that when the halibut bycatch allowance, or seasonal
apportionment thereof, specified for the shallow-water species fishery
is reached, fishing for pollock by vessels using pelagic trawl gear may
continue, consistent with other provisions of this part.
(ii) Hook-and-line fisheries. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the three hook-and-line gear fishery categories listed under
paragraph (d)(4)(iii) of this section will catch the halibut bycatch
allowance, or apportionments thereof, specified for that fishery
category under paragraph (d)(1) of this section, NMFS will publish
notification in the Federal Register closing the entire GOA or the
applicable regulatory area or district to directed fishing with hook-
and-line gear for each species and/or species group that comprises that
fishing category.
(iii) Pot gear fisheries. If, during the fishing year, the
Regional Director determines that the catch of halibut by operators of
vessels using pot gear to participate in a directed fishery for
groundfish will reach the halibut PSC limit, or seasonal apportionment
thereof, NMFS will publish notification in the Federal Register
prohibiting directed fishing for groundfish by vessels using pot gear
for the remainder of the season to which the halibut PSC limit or
seasonal apportionment applies.
(iv) Nonpelagic trawl gear fisheries--(A) Continued fishing under
specified conditions. When the vessels to which a halibut PSC limit
applies have caught an amount of halibut equal to that PSC, the
Regional Director may, by notification in the Federal Register, allow
some or all of those vessels to continue to fish for groundfish using
nonpelagic trawl gear under specified conditions, subject to the other
provisions of this part.
(B) Factors to be considered. In authorizing and conditioning such
continued fishing with bottom-trawl gear, the Regional Director will
take into account the following considerations, and issue relevant
findings:
(1) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed by continued bottom
trawling by these vessels.
(2) The extent to which these vessels have avoided incidental
halibut catches up to that point in the year.
(3) The confidence of the Regional Director in the accuracy of the
estimates of incidental halibut catches by these vessels up to that
point in the year.
(4) Whether observer coverage of these vessels is sufficient to
assure adherence to the prescribed conditions and to alert the Regional
Director to increases in their incidental halibut catches.
(5) The enforcement record of owners and operators of these
vessels, and the confidence of the Regional Director that adherence to
the prescribed conditions can be assured in light of available
enforcement resources.
(e) BSAI PSC limits--(1) Trawl gear--(i) Red king crab. The PSC
limit of red king crab caught while conducting any trawl fishery for
groundfish in Zone 1 during any fishing year is 200,000 red king crabs.
(ii) Tanner crab (C. bairdi), Zone 1. The PSC limit of C. bairdi
Tanner crabs caught while conducting any trawl fishery for groundfish
in Zone 1 during any fishing year is 1 million animals.
(iii) Tanner crab (C. bairdi), Zone 2. The PSC limit of C. bairdi
Tanner crabs caught while conducting any trawl fishery for groundfish
in Zone 2 during any fishing year is 3 million animals.
(iv) Halibut. The PSC limit of halibut caught while conducting any
trawl fishery for groundfish in the BSAI during any fishing year is an
amount of halibut equivalent to 3,775 mt of halibut mortality.
(v) Pacific herring. The PSC limit of Pacific herring caught while
conducting any domestic trawl fishery for groundfish in the BSAI is 1
percent of the annual eastern Bering Sea herring biomass. The PSC limit
will be apportioned into annual herring PSC allowances, by target
fishery, and will be published along with the annual herring PSC limit
in the Federal Register with the proposed and final groundfish
specifications defined in Sec. 679.20.
(vi) Chinook salmon. The PSC limit of chinook salmon caught while
conducting any trawl fishery for groundfish in the BSAI between January
1 and April 15 is 48,000 fish.
(vii) Non-chinook salmon. The PSC limit of non-chinook salmon
caught by vessels using trawl gear during August 15 through October 14
in the CVOA is 42,000 fish.
(2) Nontrawl gear, halibut. The PSC limit of halibut caught while
conducting any nontrawl fishery for groundfish in the BSAI during any
fishing year is an amount of halibut equivalent to 900 mt of halibut
mortality.
(3) PSC apportionment to trawl fisheries--(i) General. NMFS, after
consultation with the Council, will apportion each PSC limit set forth
in paragraphs (e)(1)(i) through (vii) of this section into bycatch
allowances for fishery categories defined in paragraph (e)(3)(iv) of
this section, based on each category's proportional share of the
anticipated incidental catch during a fishing year of prohibited
species for which a PSC limit is specified and the need to optimize the
amount of total groundfish harvested under established PSC limits. The
sum of all bycatch allowances of any prohibited species will equal its
PSC limit.
(ii) Red king crab, C. bairdi Tanner crab, and halibut--(A)
General. For vessels engaged in directed fishing for groundfish in the
GOA or BSAI, the PSC limits for red king crab, C. bairdi Tanner crab,
and halibut will be apportioned to the trawl fishery categories defined
in paragraphs (e)(3)(iv) (B) through (F) of this section.
(B) Incidental catch in midwater pollock fishery. Any amount of red
king crab, C. bairdi Tanner crab, or halibut that is incidentally taken
in the midwater pollock fishery as defined in paragraph (e)(3)(iv)(A)
of this section will be counted against the bycatch allowances
specified for the pollock/Atka mackerel/``other species'' category
defined in paragraph (e)(3)(iv)(F) of this section.
(iii) Pacific herring. The PSC limit for Pacific herring will be
apportioned to the BSAI trawl fishery categories defined in paragraphs
(e)(3)(iv) (A) through (F) of this section.
(iv) Trawl fishery categories. For purposes of apportioning trawl
PSC limits among fisheries, the following fishery categories are
specified and defined in terms of round-weight equivalents of those
groundfish species or species groups for which a TAC has been specified
under Sec. 679.20.
(A) Midwater pollock fishery. Fishing with trawl gear during any
weekly reporting period that results in a catch of pollock that is 95
percent or more of the total amount of groundfish caught during the
week.
(B) Flatfish fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of rock
sole, ``other flatfish,'' and yellowfin sole that is greater than the
retained amount of any other fishery category defined under this
paragraph (e)(3)(iv).
(1) Yellowfin sole fishery. Fishing with trawl gear during any
weekly reporting period that is defined as a flatfish fishery under
this paragraph (e)(3)(iv)(B) and results in a retained amount of
yellowfin sole that is 70 percent or more of the retained

[[Page 31258]]

aggregate amount of rock sole, ``other flatfish,'' and yellowfin sole.
(2) Rock sole/flathead sole/``other flatfish'' fishery. Fishing
with trawl gear during any weekly reporting period that is defined as a
flatfish fishery under this paragraph (e)(3)(iv)(B) and is not a
yellowfin sole fishery as defined under paragraph (e)(3)(iv)(B)(1) of
this section.
(C) Greenland turbot/arrowtooth flounder/sablefish fishery. Fishing
with trawl gear during any weekly reporting period that results in a
retained aggregate amount of Greenland turbot, arrowtooth flounder, and
sablefish that is greater than the retained amount of any other fishery
category defined under this paragraph (e)(3)(iv).
(D) Rockfish fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of
rockfish species of the genera Sebastes and Sebastolobus that is
greater than the retained amount of any other fishery category defined
under this paragraph (e)(3)(iv).
(E) Pacific cod fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of Pacific
cod that is greater than the retained amount of any other groundfish
fishery category defined under this paragraph (e)(3)(iv).
(F) Pollock/Atka mackerel/``other species.'' Fishing with trawl
gear during any weekly reporting period that results in a retained
aggregate amount of pollock other than pollock harvested in the
midwater pollock fishery defined under paragraph (e)(3)(iv)(A) of this
section, Atka mackerel, and ``other species'' that is greater than the
retained amount of any other fishery category defined under this
paragraph (e)(3)(iv).
(4) Halibut apportionment to nontrawl fishery categories--(i)
General. NMFS, after consultation with the Council, may apportion the
halibut PSC limit for nontrawl gear set forth under paragraph (e)(2) of
this section into bycatch allowances for nontrawl fishery categories
defined under paragraph (e)(4)(ii) of this section, based on each
category's proportional share of the anticipated bycatch mortality of
halibut during a fishing year and the need to optimize the amount of
total groundfish harvested under the nontrawl halibut PSC limit. The
sum of all halibut bycatch allowances will equal the halibut PSC limit
established in paragraph (e)(2) of this section.
(ii) Nontrawl fishery categories. For purposes of apportioning the
nontrawl halibut PSC limit among fisheries, the following fishery
categories are specified and defined in terms of round-weight
equivalents of those BSAI groundfish species for which a TAC has been
specified under Sec. 679.20.
(A) Pacific cod hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of Pacific cod that is greater than the retained amount of any
other groundfish species.
(B) Sablefish hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of sablefish that is greater than the retained amount of any
other groundfish species.
(C) Groundfish jig gear fishery. Fishing with jig gear during any
weekly reporting period that results in a retained catch of groundfish.
(D) Groundfish pot gear fishery. Fishing with pot gear under
restrictions set forth in Sec. 679.24(b) during any weekly reporting
period that results in a retained catch of groundfish.
(E) Other nontrawl fisheries. Fishing for groundfish with nontrawl
gear during any weekly reporting period that results in a retained
catch of groundfish and does not qualify as a Pacific cod hook-and-line
fishery, a sablefish hook-and-line fishery, a jig gear fishery, or a
groundfish pot gear fishery as defined under paragraph (e)(4)(ii) of
this section.
(5) Seasonal apportionments of bycatch allowances--(i) General.
NMFS, after consultation with the Council, may apportion fishery
bycatch allowances on a seasonal basis.
(ii) Factors to be considered. NMFS will base any seasonal
apportionment of a bycatch allowance on the following types of
information:
(A) Seasonal distribution of prohibited species;
(B) Seasonal distribution of target groundfish species relative to
prohibited species distribution;
(C) Expected prohibited species bycatch needs on a seasonal basis
relevant to change in prohibited species biomass and expected catches
of target groundfish species;
(D) Expected variations in bycatch rates throughout the fishing
year;
(E) Expected changes in directed groundfish fishing seasons;
(F) Expected start of fishing effort; or
(G) Economic effects of establishing seasonal prohibited species
apportionments on segments of the target groundfish industry.
(iii) Seasonal trawl fishery bycatch allowances--(A) Unused
seasonal apportionments. Unused seasonal apportionments of trawl
fishery bycatch allowances made under this paragraph (e)(5) will be
added to its respective fishery bycatch allowance for the next season
during a current fishing year.
(B) Seasonal apportionment exceeded. If a seasonal apportionment of
a trawl fishery bycatch allowance made under paragraph (d)(5) of this
section is exceeded, the amount by which the seasonal apportionment is
exceeded will be deducted from its respective apportionment for the
next season during a current fishing year.
(iv) Seasonal nontrawl fishery bycatch allowances--(A) Unused
seasonal apportionments. Any unused portion of a seasonal nontrawl
fishery bycatch allowance made under this paragraph (e)(5) will be
reapportioned to the fishery's remaining seasonal bycatch allowances
during a current fishing year in a manner determined by NMFS, after
consultation with the Council, based on the types of information listed
under paragraph (e)(5)(ii) of this section.
(B) Seasonal apportionment exceeded. If a seasonal apportionment of
a nontrawl fishery bycatch allowance made under this paragraph (e)(5)
is exceeded, the amount by which the seasonal apportionment is exceeded
will be deducted from the fishery's remaining seasonal bycatch
allowances during a current fishing year in a manner determined by
NMFS, after consultation with the Council, based on the types of
information listed under paragraph (e)(5)(ii) of this section.
(6) Notification--(i) General. NMFS will publish annually in the
Federal Register the proposed and final bycatch allowances, seasonal
apportionments thereof, and the manner in which seasonal apportionments
of nontrawl fishery bycatch allowances will be managed, as required
under this paragraph (e).
(ii) Public comment. Public comment will be accepted by NMFS on the
proposed bycatch allowances, seasonal apportionments thereof, and the
manner in which seasonal apportionments of nontrawl fishery bycatch
allowances will be managed, for a period of 30 days from the date of
publication in the Federal Register.
(7) Trawl PSC closures--(i) Exception. When a bycatch allowance, or
seasonal apportionment thereof, specified for the pollock/Atka
mackerel/''other species'' fishery category is reached, only directed
fishing for pollock is closed to trawl vessels using nonpelagic trawl
gear.
(ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure.
Except as provided in paragraph (e)(7)(i) of this section, if, during
the fishing year, the Regional Director determines that U.S. fishing
vessels participating in any of the fishery categories listed in
paragraphs (e)(3)(iv)(B) through (F) of this section will catch the
Zone 1 bycatch allowance, or seasonal apportionment thereof, of red
king crab

[[Page 31259]]

or C. bairdi Tanner crab specified for that fishery category under
paragraph (e)(3) of this section, NMFS will publish in the Federal
Register the closure of Zone 1 to directed fishing for each species
and/or species group in that fishery category for the remainder of the
year or for the remainder of the season.
(iii) Red king crab or C. bairdi Tanner crab, Zone 2, closure.
Except as provided in paragraph (e)(7)(i) of this section, if, during
the fishing year, the Regional Director determines that U.S. fishing
vessels participating in any of the fishery categories listed in
paragraphs (e)(3)(iv)(B) through (F) of this section will catch the
Zone 2 bycatch allowance, or seasonal apportionment thereof, of red
king crab or C. bairdi Tanner crab specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of Zone 2 to directed fishing for each
species and/or species group in that fishery category for the remainder
of the year or for the remainder of the season.
(iv) Halibut closure. Except as provided in paragraph (e)(7)(i) of
this section, if, during the fishing year, the Regional Director
determines that U.S. fishing vessels participating in any of the trawl
fishery categories listed in paragraphs (e)(3)(iv)(B) through (F) of
this section in the BSAI will catch the halibut bycatch allowance, or
seasonal apportionment thereof, specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of the entire BSAI to directed fishing for
each species and/or species group in that fishery category for the
remainder of the year or for the remainder of the season.
(v) Pacific herring--(A) Closure. Except as provided in paragraph
(e)(7)(v)(B) of this section, if, during the fishing year, the Regional
Director determines that U.S. fishing vessels participating in any of
the fishery categories listed in paragraphs (e)(3)(iv)(A) through (F)
of this section in the BSAI will catch the herring bycatch allowance,
or seasonal apportionment thereof, specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of the Herring Savings Area as defined in
Figure 4 of this part to directed fishing for each species and/or
species group in that fishery category.
(B) Exceptions--(1) Midwater pollock. When the midwater pollock
fishery category reaches its specified bycatch allowance, or seasonal
apportionment thereof, the Herring Savings Areas are closed to directed
fishing for pollock with trawl gear.
(2) Pollock/Atka mackerel/ ``other species''. When the pollock/Atka
mackerel/''other species'' fishery category reaches its specified
bycatch allowance, or seasonal apportionment thereof, the Herring
Savings Areas are closed to directed fishing for pollock by trawl
vessels using nonpelagic trawl gear.
(vi) Chum salmon--(A) Trawling prohibitions. (1) Trawling is
prohibited from August 1 through August 31 in the Chum Salmon Savings
Area.
(2) If the Regional Director determines that 42,000 non-chinook
salmon have been caught by vessels using trawl gear during August 15
through October 14 in the CVOA defined under Sec. 679.22(a)(5), NMFS
will prohibit fishing with trawl gear for the remainder of the period
September 1 through October 14 in the Chum Salmon Savings Area as
defined in paragraph (e)(7)(vi)(B) of this section.
(B) Chum Salmon Savings Area of the CVOA. The Chum Salmon Savings
Area is an area defined by straight lines connecting the following
coordinates in the order listed:

56 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 167 deg.00' W. long.

(vii) Chinook salmon--(A) Closure. When the Regional Director
determines that 48,000 chinook salmon have been caught by vessels using
trawl gear in the BSAI during the time period from January 1 through
April 15, NMFS will prohibit fishing with trawl gear for the remainder
of that period within the Chinook Salmon Savings Area defined in
paragraph (e)(7)(vii)(B) of this section.
(B) Chinook Salmon Savings Area. The Chinook Salmon Savings Area is
defined in the following three areas of the BSAI:
(1) The area defined by straight lines connecting the following
coordinates in the order listed:

56 deg.30' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 171 deg.00' W. long.

(2) The area defined by straight lines connecting the following
coordinates in the order listed:

54 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 171 deg.00' W. long.

(3) The area defined by straight lines connecting the following
coordinates in the order listed:

56 deg.00' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.

(8) Nontrawl halibut closures. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the nontrawl fishery categories listed under paragraph (e)(4) of
this section will catch the halibut bycatch allowance, or seasonal
apportionment thereof, specified for that fishery category under
paragraph (e)(4)(ii) of this section, NMFS will publish in the Federal
Register the closure of the entire BSAI to directed fishing with the
relevant gear type for each species and/or species group in that
fishery category.
(f) Program to reduce prohibited species bycatch rates--(1)
Requirements--(i) General. A vessel's bycatch rate, as calculated at
the end of a fishing month under paragraph (f)(8)(ii) of this section,
while participating in the fisheries identified in paragraph (f)(2) of
this section, shall not exceed bycatch rate standards referenced in
paragraph (f)(3) of this section.
(ii) Applicability. A vessel is subject to this paragraph (f) if
the groundfish catch of the vessel is observed on board the vessel, or
on board a mothership that receives unsorted codends from the vessel,
at any time during a weekly reporting period, and the vessel is
assigned to one of the fisheries defined under paragraph (f)(2) of this
section.
(2) Assigned fisheries. During any weekly reporting period, a
vessel's observed catch composition of groundfish species for which a
TAC has been specified in the GOA or BSAI will determine the fishery to
which the vessel is assigned, as follows:
(i) GOA midwater pollock fishery means fishing with trawl gear in
the GOA that results in an observed catch of groundfish from the GOA
during any weekly reporting period that is composed of 95 percent or
more of pollock when the directed fishery for pollock by vessels using
trawl gear other than pelagic trawl gear is closed.
(ii) GOA other trawl fishery means fishing with trawl gear in the
GOA that results in an observed catch of groundfish from the GOA during
any

[[Page 31260]]

weekly reporting period that does not qualify as a midwater pollock
fishery under paragraph (f)(2)(i) of this section.
(iii) BSAI midwater pollock fishery means fishing with trawl gear
in the BSAI that results in an observed catch of groundfish from the
BSAI during any weekly reporting period that is composed of 95 percent
or more of pollock when the directed fishery for pollock by vessels
using trawl gear other than pelagic trawl gear is closed.
(iv) BSAI yellowfin sole fishery means fishing with trawl gear in
the BSAI that results in a retained aggregate amount of rock sole,
``other flatfish,'' and yellowfin sole caught in the BSAI during any
weekly reporting period that is greater than the retained amount of any
other fishery under this paragraph (f)(2) and results in a retained
amount of BSAI yellowfin sole that is 70 percent or more of the
retained aggregate amount of BSAI rock sole, ``other flatfish,'' and
yellowfin sole.
(v) BSAI bottom pollock fishery means fishing with trawl gear in
the BSAI that results in a retained amount of pollock caught in the
BSAI during any weekly reporting period other than pollock harvested in
the midwater pollock fishery in the BSAI defined in paragraph
(f)(2)(iii) of this section, that is greater than the retained amount
of any other fishery defined under this paragraph (f)(2).
(vi) BSAI other trawl fishery means fishing with trawl gear in the
BSAI that results in a retained amount of groundfish caught in the BSAI
during any weekly reporting period that does not qualify as a midwater
pollock, yellowfin sole, or bottom pollock fishery.
(3) Notification of bycatch rate standards--(i) Prior notice. Prior
to January 1 and July 1 of each year, the Regional Director will
publish notification in the Federal Register specifying bycatch rate
standards for the fisheries identified in this paragraph (f) that will
be in effect for specified seasons within the 6-month periods of
January 1 through June 30 and July 1 through December 31, respectively.
(ii) Adjustments. The Regional Director may adjust bycatch rate
standards as frequently as he or she considers appropriate.
(4) Factors upon which bycatch rate standards are based. Bycatch
rate standards for a fishery and adjustments to such standards will be
based on the following information and considerations:
(i) Previous years' average observed bycatch rates for that
fishery.
(ii) Immediately preceding season's average observed bycatch rates
for that fishery.
(iii) The bycatch allowances and associated fishery closures
specified under paragraphs (d) and (e) of this section.
(iv) Anticipated groundfish harvests for that fishery.
(v) Anticipated seasonal distribution of fishing effort for
groundfish.
(vi) Other information and criteria deemed relevant by the Regional
Director.
(5) Public comment--(i) Prior comment. Bycatch rate standards or
adjustments to such standards specified under this section will not
take effect until NMFS has published the proposed bycatch rate
standards or adjustments to such standards in the Federal Register for
public comment for a period of 30 days, unless NMFS finds for good
cause that such notification and public comment are impracticable,
unnecessary, or contrary to the public interest.
(ii) Comment after notification. If NMFS decides, for good cause,
that bycatch rate standards or adjustments to such standards are to be
made effective without affording a prior opportunity for public
comment, public comments on the necessity for, and extent of, bycatch
rate standards or adjustments to such standards will be received by the
Regional Director for a period of 15 days after the effective date of
notification.
(iii) Public inspection of data. During any such 15-day period, the
Regional Director will make available for public inspection, during
business hours, the aggregate data upon which bycatch rate standards or
adjustments to such standards were based.
(iv) Written comments. If written comments are received during any
such 15-day period that oppose or protest bycatch rate standards or
adjustments to such standards issued under this section, NMFS will
reconsider the necessity for the bycatch standards or adjustment to
such standards and, as soon as practicable after that reconsideration,
will either--
(A) Publish in the Federal Register notification of continued
effectiveness of bycatch rate standards or adjustment to such
standards, responding to comments received; or
(B) Modify or rescind bycatch rate standards or adjustment to such
standards.
(6) Notification of adjustment to bycatch rate standards.
Notification of adjustments to bycatch rate standards issued by NMFS
under paragraph (f)(3) of this section will include the following
information:
(i) A description of the adjustment to one or more bycatch rate
standards specified for a fishery.
(ii) The reasons for the adjustment and the determinations required
under paragraph (f)(4) of this section.
(iii) The effective date and any termination date of such
adjustment. If no termination date is specified, the adjustment will
remain in effect until revised by subsequent notification in the
Federal Register.
(7) Vessel bycatch rates--(i) Observed data. For purposes of this
section, observed data collected for each haul sampled during a day
will include: Date; Federal reporting area where trawl gear for the
haul was retrieved; total round weight of groundfish, in metric tons in
the portion of the haul sampled by groundfish species or species group
for which a TAC has been specified under Sec. 679.20; and total round
weight of halibut, in kilograms, in the portion of the haul sampled.
Observer data from the BSAI trawl fisheries also will include the total
number of red king crab in the portion of the haul sampled.
(ii) Observer sampling procedures. (A) NMFS will randomly
predetermine the hauls to be sampled by an observer during the time the
observer is on a vessel.
(B) An observer will take samples at random from throughout the
haul, and take samples prior to sorting of the haul by the crew for
processing or discarding of the catch.
(C) An observer will sample a minimum of 100 kg of fish from each
haul sampled.
(D) While an observer is at sea, the observer will report to NMFS,
on at least a weekly basis, the data for sampled hauls.
(E) Upon request, the observer will allow the vessel operator to
see all observed data set forth under paragraph (f)(7)(i) of this
section that the observer submits to NMFS.
(8) Determination of individual vessel bycatch rates. For each
vessel, the Regional Director will aggregate from sampled hauls the
observed data collected during a weekly reporting period on the total
round weight, in metric tons, of each groundfish species or species
group for which a TAC has been specified under Sec. 679.20 to determine
to which of the fisheries described in paragraph (f)(8)(i) of this
section the vessel should be assigned for that week.
(i) Vessel assignment to fisheries--(A) BSAI catcher/processors.
Catcher/proc- essors will be assigned to fisheries at the end of each
weekly reporting period based on the round-weight equivalent of the
retained groundfish catch

[[Page 31261]]

composition reported on a vessel's WPR that is submitted to the
Regional Director under Sec. 679.5.
(B) BSAI catcher vessel delivery in Federal waters. Catcher vessels
that deliver to motherships in Federal waters during a weekly reporting
period will be assigned to fisheries based on the round-weight
equivalent of the retained groundfish catch composition reported on the
WPR submitted to the Regional Director for that week by the mothership
under Sec. 679.5.
(C) BSAI catcher vessel delivery in Alaska State waters. Catcher
vessels delivering groundfish to shoreside processors or to motherships
in Alaska State waters during a weekly reporting period will be
assigned to fisheries based on the round-weight equivalent of the
groundfish retained by the processor and reported on an ADF&G fish
ticket as required under Alaska State regulations at A.S. 16.05.690.
(ii) Calculation of monthly bycatch rates--(A) Assigned fishery. At
the end of each fishing month during which an observer sampled at least
50 percent of a vessel's total number of trawl hauls retrieved while an
observer was aboard (as recorded in the vessel's DFL), the Regional
Director will calculate the vessel's bycatch rate based on observed
data for each fishery to which the vessel was assigned for any weekly
reporting period during that fishing month.
(B) Verified observer data. Only observed data that have been
checked, verified, and analyzed by NMFS will be used to calculate
vessel bycatch rates for purposes of this section.
(C) Calculation. The bycatch rate of a vessel for a fishery defined
under paragraph (f)(2) of this section during a fishing month is a
ratio of halibut to groundfish that is calculated by using the total
round weight of halibut (in kilograms), or total number of red king
crab, in samples during all weekly reporting periods in which the
vessel was assigned to that fishery and the total round weight of the
groundfish (in metric tons) for which a TAC has been specified under
Sec. 679.20 in samples taken during all such periods.
(9) Compliance with bycatch rate standards. A vessel has exceeded a
bycatch rate standard for a fishery if the vessel's bycatch rate for a
fishing month, as calculated under paragraph (f)(8)(ii) of this section
exceeds the bycatch rate standard established for that fishery under
paragraph (f)(2) of this section.

Sec. 679.22 Closures.

(a) BSAI--(1) Zone 1 (512) closures to trawl gear--(i) Year-round
closures. No fishing with trawl gear is allowed at any time in
reporting area 512 of Zone 1 in the Bering Sea subarea (see Figure 1 of
this part), except as described in paragraph (a)(1)(ii) of this
section.
(ii) Partial closures (Port Moller). NMFS may allow fishing for
Pacific cod with trawl gear in that portion of reporting area 512 that
lies south of a straight line connecting the coordinates 56 deg.43' N.
lat., 160 deg.00' W. long., and 56 deg.00' N. lat., 162 deg.00' W.
long., provided that such fishing is in compliance with a scientific
data collection and monitoring program, established by the Regional
Director after consultation with the Council, designed to provide data
useful in the management of the trawl fishery, the halibut, Tanner crab
and king crab fisheries, and to prevent overfishing of the halibut,
Tanner and king crab stocks in the area.
(2) Zone 1 (516) closures to trawl gear--(i) Seasonal closures. No
fishing with trawl gear is allowed at any time in reporting area 516 of
Zone 1 in the Bering Sea Subarea (see Figure 1 of this part) during the
period March 15 through June 15, except as described in paragraph
(a)(2)(ii) of this section.
(ii) Partial closures (Port Moller). During the period March 15
through June 15, NMFS may allow fishing for Pacific cod with trawl gear
in that portion of reporting area 516 that lies south of the line
connecting 56 deg.00' N. lat., 162 deg. W. long., and 55 deg.38' N.
lat., 163 deg.00' W. long., provided that such fishing is in compliance
with a scientific data collection and monitoring program, established
by the Regional Director after consultation with the Council, designed
to provide data useful in the management of the trawl fishery, halibut,
Tanner crab and king crab fisheries, and to prevent overfishing of the
halibut, Tanner crab, and king crab stocks in the area.
(3) Red king crab closures. If the Regional Director determines
that vessels fishing with trawl gear in reporting areas 512 and 516
will catch the PSC limit of 12,000 red king crabs, he or she will
immediately prohibit all fishing with trawl gear in those areas by
notification in the Federal Register.
(4) Walrus protection areas. From April 1 through September 30 of
any fishing year, vessels with a Federal fisheries permit under
Sec. 679.4 are prohibited in that part of the Bering Sea subarea
between 3 and 12 nm seaward of the baseline used to measure the
territorial sea around islands named Round Island and The Twins, as
shown on National Ocean Survey Chart 16315, and around Cape Pierce
(58 deg.33' N. lat., 161 deg.43' W. long.).
(5) Catcher Vessel Operational Area (CVOA) (applicable through
December 31, 1998)--(i) Inshore component. The CVOA is established
annually from the beginning of the second season of directed fishing
for pollock defined at Sec. 679.23(e) until either the date that NMFS
determines that the pollock quota for processing by the inshore
component has been harvested, or December 31, whichever is earlier.
(ii) Offshore component. (A) Vessels in the offshore component are
prohibited from conducting directed fishing for pollock in the CVOA
unless they are operating under a CDP approved by NMFS.
(B) Vessels in the offshore component that do not catch groundfish
but do process pollock caught in a directed fishery for pollock may
operate within the CVOA to process pollock.
(iii) Other than pollock. Vessels that catch or process groundfish
in directed fisheries for species other than pollock may operate within
the CVOA.
(6) Pribilof Island Area Habitat Conservation Zone. Trawling is
prohibited at all times in the area bounded by a straight line
connecting the following pairs of coordinates in the following order:

57 deg.57.0' N. lat., 168 deg.30.0' W. long.
56 deg.55.2' N. lat., 168 deg.30.0' W. long.
56 deg.48.0' N. lat., 169 deg.2.4' W. long.
56 deg.34.2' N. lat., 169 deg.2.4' W. long.
56 deg.30.0' N. lat., 169 deg.25.2' W. long.
56 deg.30.0' N. lat., 169 deg.44.1' W. long.
56 deg.55.8' N. lat., 170 deg.21.6' W. long.
57 deg.13.8' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 168 deg.30.0' W. long.

(7) Steller sea lion protection areas, Bering Sea Subarea and
Bogoslof District--(i) Year-round closures. Trawling is prohibited
within 10 nm (18.5 km) of each of the eight Steller sea lion rookeries
shown in Table 4a of this part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited within 20 nm (37 km) of each of the six Steller sea lion
rookeries shown in Table 4b of this part.
(8) Steller sea lion protection areas, Aleutian Islands Subarea--
(i) Year-round closures. Trawling is prohibited within 10 nm (18.4 km)
of each of the 19 Steller sea lion rookeries shown in Table 5a of this
part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited within 20 nm (37 km) of each of the two Steller sea lion
rookeries shown in Table 5b of this part.
(b) GOA--(1) Kodiak Island, trawls other than pelagic trawls --(i)
Type I closures. No person may trawl in waters of the EEZ within the
vicinity of Kodiak

[[Page 31262]]

Island, as shown in Figure 5 of this part as Type I areas, from a
vessel having any trawl other than a pelagic trawl either attached or
on board.
(ii) Type II closures. From February 15 to June 15, no person may
trawl in waters of the EEZ within the vicinity of Kodiak Island, as
shown in Figure 5 of this part as Type II areas, from a vessel having
any trawl other than a pelagic trawl either attached or on board.
(iii) Type III closures. Type III areas are open to any trawl
other than a pelagic trawl gear year round.
(2) Steller sea lion protection areas--(i) Year-round closures.
Trawling is prohibited in the GOA within 10 nm of the 14 Steller sea
lion rookeries designated in Table 6a of this part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited in the GOA within 20 nm of each of the three Steller sea
lion rookeries presented in Table 6b of this part.
(c) Directed fishing closures. See Sec. 679.20(d).
(d) Groundfish as prohibited species closures. See Sec. 679.20(d).
(e) Overfishing closures. See Sec. 679.20(d).
(f) Prohibited species closures. See Sec. 679.21.

Sec. 679.23 Seasons.

(a) General. Fishing for groundfish in the GOA and BSAI is
authorized from 0001 hours, A.l.t., January 1, through 2400 hours,
A.l.t., December 31, subject to the other provisions of this part,
except as provided in paragraph (c) of this section.
(b) Time of groundfish openings and closures. The time of all
openings and closures of fishing seasons, other than the beginning and
end of the calendar fishing year, is 1200 hours, A.l.t.
(c) GOA and BSAI trawl groundfish. Notwithstanding other
provisions of this part, fishing for groundfish with trawl gear in the
GOA and BSAI is prohibited from 0001 hours, A.l.t., January 1, through
1200 hours, A.l.t., January 20.
(d) GOA seasons--(1) Directed fishing for trawl rockfish. Directed
fishing for rockfish of the genera Sebastes and Sebastolobus with trawl
gear is authorized from 1200 hours, A.l.t., on the first day of the
third quarterly reporting period of a fishing year through 2400 hours,
A.l.t., December 31, subject to other provisions of this part.
(2) Directed fishing for pollock. Subject to other provisions of
this part, directed fishing for pollock in the Western and Central
Regulatory Areas is authorized only during the three seasons:
(i) From 0001 hours, A.l.t., January 1, through 1200 hours,
A.l.t., April 1;
(ii) From 1200 hours, A.l.t., June 1, through 1200 hours, A.l.t.,
July 1; and
(iii) From 1200 hours, A.l.t., September 1, through 2400 hours,
A.l.t., December 31.
(e) BSAI seasons--(1) Directed fishing for arrowtooth flounder and
Greenland turbot. Directed fishing for arrowtooth flounder and
Greenland turbot in the BSAI is authorized from 1200 hours, A.l.t., May
1, through 2400 hours, A.l.t., December 31, subject to the other
provisions of this part.
(2) Directed fishing for pollock. Subject to other provisions of
this part, and except as provided in paragraph (e)(3) of this section,
directed fishing for pollock is authorized from 0001 hours, A.l.t.,
January 1, through 1200 hours, A.l.t., April 15, and from 1200 hours,
A.l.t., August 15, through the end of the fishing year.
(3) Offshore pollock (Applicable through December 31, 1998)--
(i) Subject to other provisions of this part and except as provided
in paragraph (e)(3)(ii) of this section, directed fishing for pollock
by the offshore component, defined at Sec. 679.2, or by vessels
delivering pollock to the offshore component, is authorized from 1200
hours, A.l.t., January 26, through 1200 hours, A.l.t., April 15, and
from 1200 hours, A.l.t., August 15, through the end of the fishing
year.
(ii) Directed fishing for pollock by the offshore component or
vessels delivering pollock to the offshore component is prohibited
through 1200 hours, A.l.t., February 5, for those vessels that are used
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or
Tanner crab in the BSAI, as defined at Sec. 679.2. This paragraph
(e)(3)(ii) does not apply to vessels used to fish exclusively in a
directed fishery for pollock prior to 1200 hours, A.l.t., January 26,
under the Western Alaska CDQ Program pursuant to subpart C of this
part.
(4) CDQ fishing seasons. (i) CDQ halibut. Fishing for CDQ halibut
with fixed gear under an approved CDQ allocation may begin on the
effective date of the allocation, except that CDQ fishing may occur
only during the fishing periods specified in part 301 of this title.
(ii) CDQ sablefish. Fishing for CDQ sablefish with fixed gear
under an approved CDQ allocation may begin on the effective date of the
allocation, except that CDQ directed fishing may occur only during the
IFQ fishing season specified in paragraph (g)(1) of this section.
(iii) CDQ pollock. Directed fishing for pollock under the Western
Alaska CDQ Program pursuant to subpart C of this part is authorized
from 0001 hours, A.l.t., January 1, through the end of the fishing
year.
(f) IFQ halibut. The fishing period(s) for IFQ halibut are
established by the IPHC and are specified in part 301 of this title.
Catches of halibut by fixed gear at times other than during the
specified fishing periods must be treated as prohibited species as
prescribed at Sec. 679.21(b).
(g) IFQ sablefish. (1) Directed fishing for sablefish using fixed
gear in any IFQ regulatory area may be conducted in any fishing year
during the period specified by the Regional Director and announced by
publication in the Federal Register. The Regional Director will take
into account the opening date of the halibut season when determining
the opening date for sablefish for the purposes of reducing bycatch and
regulatory discards between the two fisheries.
(2) Catches of sablefish by fixed gear during other periods may be
retained up to the amounts provided for by the directed fishing
standards specified at Sec. 679.20 when made by an individual aboard
the vessel who has a valid IFQ card and unused IFQ in the account on
which the card was issued.
(3) Catches of sablefish in excess of the maximum retainable
bycatch amounts and catches made without IFQ must be treated in the
same manner as prohibited species.

Sec. 679.24 Gear limitations.

Regulations pertaining to vessel and gear markings are set forth in
this section and as prescribed in part 301 of this title.
(a) Marking of gear--longline marker buoys. (1) All longline
marker buoys carried on board or used by any vessel regulated under
this part shall be marked with the following:
(i) The vessel's name; and
(ii) The vessel's Federal fisheries permit number; or
(iii) The vessel's registration number.
(2) Markings shall be in characters at least 4 inches (10.16 cm)
in height and 0.5 inch (1.27 cm) in width in a contrasting color
visible above the water line and shall be maintained so the markings
are clearly visible.
(b) Gear restrictions--(1) Pots--(i) Biodegradable panel. Each pot
used to fish for groundfish must be equipped with a biodegradable panel
at least 18 inches (45.72 cm) in length that is parallel to, and within
6 inches (15.24 cm) of, the bottom of the pot, and that

[[Page 31263]]

is sewn up with untreated cotton thread of no larger size than No. 30.
(ii) Tunnel opening. Each pot used to fish for groundfish must be
equipped with rigid tunnel openings that are no wider than 9 inches
(22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel
openings with dimensions that are no wider than 9 inches (22.86 cm).
(iii) Longline pot gear. Any person using longline pot gear must
treat any catch of groundfish as a prohibited species as provided by
Sec. 679.21(b), except in the Aleutian Islands subarea.
(2) Net-sounder device. Each person trawling in any GOA area
limited to pelagic trawling under Sec. 679.22 must maintain on that
trawl a properly functioning, recording net-sounder device, and must
retain all net-sounder recordings on board the fishing vessel during
the fishing year.
(3) Trawl footrope. No person trawling in any GOA area limited to
pelagic trawling under Sec. 679.22 may allow the footrope of that trawl
to be in contact with the seabed for more than 10 percent of the period
of any tow, as indicated by the net-sounder device.
(c) Gear restrictions for sablefish--(1) Gear allocations. Gear
allocations of sablefish TAC are set out under Sec. 679.20.
(2) GOA Eastern Area--(i) General. (A) No person may use any gear
other than hook-and-line and trawl gear when fishing for sablefish in
the GOA Eastern Area.
(B) No person may use any gear other than hook-and-line gear to
engage in directed fishing for sablefish.
(ii) Sablefish as prohibited species--(A) Trawl gear. When
operators of vessels using trawl gear have harvested 5 percent of the
TAC for sablefish in the GOA Eastern Regulatory Area during any year,
further trawl catches of sablefish must be treated as prohibited
species as provided by Sec. 679.21(b).
(B) Other gear. Operators of vessels using gear types other than
those specified in paragraph (c)(2)(i) of this section in the GOA
Eastern Regulatory Area must treat any catch of sablefish as a
prohibited species as provided by Sec. 679.21(b).
(3) GOA Central and Western Areas; sablefish as prohibited
species. Operators of vessels using gear types other than hook-and-line
and trawl gear in the GOA Central and Western Regulatory Areas must
treat any catch of sablefish in these areas as a prohibited species as
provided by Sec. 679.21(b).
(4) BSAI. Operators of vessels using gear types other than hook-
and-line, pot, or trawl gear in the BSAI must treat sablefish as a
prohibited species as provided by Sec. 679.21(b).
(d) Trawl gear test areas--(1) General. For purposes of allowing
pelagic and nonpelagic trawl fishermen to test trawl fishing gear, NMFS
may establish, after consulting with the Council, locations for the
testing of trawl fishing gear in areas that would otherwise be closed
to trawling.
(2) Trawl gear testing. For the purposes of this section, ``trawl
gear testing'' means deploying trawl gear in areas designated in this
paragraph (d) under the following conditions.
(i) The codend shall be unzipped while trawl gear testing.
(ii) Groundfish shall not be possessed on board when trawl gear
testing.
(iii) Observers aboard vessels during the time spent trawl gear
testing shall not fulfill observer requirements at subpart E of this
part.
(3) Criteria. The establishment of test areas must comply with the
following criteria:
(i) Depth and bottom type must be suitable for testing the
particular gear type.
(ii) The areas must be outside State waters.
(iii) The areas must be in locations not normally closed to
fishing with that gear type.
(iv) The areas must be in locations that are not usually fished
heavily by that gear type.
(v) The areas must not be within a designated Steller sea lion
protection area at any time of the year.
(4) Test areas. Trawl gear testing is allowed in the following
areas (Figure 7 of this part) bounded by straight lines connecting the
coordinates in the order listed, at all times:
(i) Kodiak Test Area.

57 deg.37' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 152 deg.02' W. long.

(ii) Sand Point Test Area.

54 deg.50' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 161 deg.00' W. long.

(iii) Bering Sea Test Area.

55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.

Sec. 679.25 Inseason adjustments.

(a) General--(1) Types of adjustments. Inseason adjustments issued
by NMFS under this section include:
(i) Closure, extension, or opening of a season in all or part of a
management area.
(ii) Modification of the allowable gear to be used in all or part
of a management area.
(iii) Adjustment of TAC and PSC limits.
(iv) Interim closures of statistical areas, or portions thereof, to
directed fishing for specified groundfish species.
(2) Determinations. (i) Any inseason adjustment taken under
paragraphs (a)(1)(i), (ii), or (iii) of this section must be based on a
determination that such adjustments are necessary to prevent:
(A) Overfishing of any species or stock of fish or shellfish;
(B) Harvest of a TAC for any groundfish species or the taking of a
PSC limit for any prohibited species that, on the basis of the best
available scientific information, is found by NMFS to be incorrectly
specified; or
(C) Underharvest of a TAC or gear share of a TAC for any groundfish
species when catch information indicates that the TAC or gear share has
not been reached.
(ii) Any inseason closure of a statistical area, or portion
thereof, under paragraph (a)(1)(iv) of this section, must be based upon
a determination that such closures are necessary to prevent:
(A) A continuation of relatively high bycatch rates of prohibited
species specified under Sec. 679.21(b) in a statistical area, or
portion thereof;
(B) Take of an excessive share of PSC limits or bycatch allowances
established under Sec. 679.21(d) and (e) by vessels fishing in a
statistical area, or portion thereof;
(C) Closure of one or more directed fisheries for groundfish due to
excessive prohibited species bycatch rates occurring in a specified
fishery operating within all or part of a statistical area; or
(D) Premature attainment of established PSC limits or bycatch
allowances and associated loss of opportunity to harvest the groundfish
OY.
(iii) The selection of the appropriate inseason management
adjustments under paragraphs (a)(1)(i) and (ii) of this section must be
from the following authorized management measures and must be based
upon a determination by the Regional Director that the management
adjustment selected is the least restrictive necessary to achieve the
purpose of the adjustment:
(A) Any gear modification that would protect the species in need of
conservation, but that would still allow other fisheries to continue;
(B) An inseason adjustment that would allow other fisheries to
continue in noncritical areas and time periods;

[[Page 31264]]

(C) Closure of a management area and season to all groundfish
fishing; or
(D) Reopening of a management area or season to achieve the TAC or
gear share of a TAC for any of the target species or the ``other
species## category.
(iv) The adjustment of a TAC or PSC limit for any species under
paragraph (a)(1)(iii) of this section must be based upon a
determination by the Regional Director that the adjustment is based
upon the best available scientific information concerning the
biological stock status of the species in question and that the
currently specified TAC or PSC limit is incorrect. Any adjustment to a
TAC or PSC limit must be reasonably related to the change in biological
stock status.
(v) The inseason closure of a statistical area, or a portion
thereof, under paragraph (a)(1)(iv) of this section shall not extend
beyond a 60-day period unless information considered under paragraph
(b) of this section warrants an extended closure period. Any closure of
a statistical area, or portion thereof, to reduce prohibited species
bycatch rates requires a determination by the Regional Director that
the closure is based on the best available scientific information
concerning the seasonal distribution and abundance of prohibited
species and bycatch rates of prohibited species associated with various
groundfish fisheries.
(b) Data. All information relevant to one or more of the following
factors may be considered in making the determinations required under
paragraphs (a)(2)(i) and (ii) of this section:
(1) The effect of overall fishing effort within a statistical area;
(2) Catch per unit of effort and rate of harvest;
(3) Relative distribution and abundance of stocks of groundfish
species and prohibited species within all or part of a statistical
area;
(4) Condition of a stock in all or part of a statistical area;
(5) Inseason prohibited species bycatch rates observed in
groundfish fisheries in all or part of a statistical area;
(6) Historical prohibited species bycatch rates observed in
groundfish fisheries in all or part of a statistical area;
(7) Economic impacts on fishing businesses affected; or
(8) Any other factor relevant to the conservation and management of
groundfish species or any incidentally caught species that are
designated as prohibited species or for which a PSC limit has been
specified.
(c) Procedure. (1) No inseason adjustment issued under this section
will take effect until--
(i) NMFS has filed the proposed adjustment for public inspection
with the Office of the Federal Register; and
(ii) NMFS has published the proposed adjustment in the Federal
Register for public comment for a period of 30 days before it is made
final, unless NMFS finds for good cause that such notification and
public procedure is impracticable, unnecessary, or contrary to the
public interest.
(2) If NMFS decides, for good cause, that an adjustment is to be
made without affording a prior opportunity for public comment, public
comments on the necessity for, and extent of, the adjustment will be
received by the Regional Director for a period of 15 days after the
effective date of notification.
(3) During any such 15-day period, the Regional Director will make
available for public inspection, during business hours, the aggregate
data upon which an adjustment was based.
(4) If written comments are received during any such 15-day period
that oppose or protest an inseason adjustment issued under this
section, NMFS will reconsider the necessity for the adjustment and, as
soon as practicable after that reconsideration, will either--
(i) Publish in the Federal Register notification of continued
effectiveness of the adjustment, responding to comments received; or
(ii) Modify or rescind the adjustment.
(5) Notifications of inseason adjustments issued by NMFS under
paragraph (a) of this section will include the following information:
(i) A description of the management adjustment.
(ii) Reasons for the adjustment and the determinations required
under paragraph (a)(2)(i) of this section.
(iii) The effective date and any termination date of such
adjustment. If no termination date is specified, the adjustment will
terminate on the last day of the fishing year.

Subpart C--Western Alaska Community Development Quota Program

Sec. 679.30 General CDQ regulations.

(a) State of Alaska CDQ responsibilities--(1) Compliance. The State
of Alaska must be able to ensure implementation of the CDPs once
approved by NMFS. To accomplish this, the State must establish a
monitoring system that defines what constitutes compliance and non-
compliance.
(2) Public hearings. Prior to granting approval of a CDP
recommended by the Governor, NMFS shall find that the Governor
developed and approved the CDP after conducting at least one public
hearing, at an appropriate time and location in the geographical area
concerned, so as to allow all interested persons an opportunity to be
heard. Hearing(s) on the CDP do not have to be held on the actual
documents submitted to the Governor under paragraph (b) of this
section, but must cover the substance and content of the proposed CDP
in such a manner that the general public, and particularly the affected
parties, have a reasonable opportunity to understand the impact of the
CDP. The Governor must provide reasonable public notification of
hearing date(s) and location(s). The Governor must make available for
public review, at the time of public notification of the hearing, all
state materials pertinent to the hearing(s) and must include a
transcript or summary of the public hearing(s) with the Governor's
recommendations to NMFS in accordance with this subpart. At the same
time this transcript is submitted to NMFS, it must be made available,
upon request, to the public. The public hearing held by the Governor
will serve as the public hearing for purposes of NMFS review under
paragraph (c) of this section.
(3) Council consultation. Before sending his/her recommendations
for approval of CDPs to NMFS, the Governor must consult with the
Council, and make available, upon request, CDPs that are not part of
the Governor's recommendations.
(b) CDP application. The Governor, after consultation with the
Council, shall include in his or her written findings to NMFS
recommending approval of a CDP, that the CDP meets the requirements of
these regulations, the Magnuson Act, the Alaska Coastal Management
Program, and other applicable law. At a minimum, the submission must
discuss the determination of a community as eligible; information
regarding community development, including goals and objectives;
business information; and a statement of the managing organization's
qualifications. For purposes of this section, an eligible community
includes any community or group of communities that meets the criteria
set out in paragraph (d) of this section. Applications for a CDP must
include the following information:
(1) Community development information. Community development
information includes:
(i) Project description. A description of the CDP projects that are
proposed to be funded by the CDQ and how the CDP

[[Page 31265]]

projects satisfy the goals and purpose of the CDQ program.
(ii) Allocation request. The allocation of each CDQ species
requested for each subarea or district of the BSAI, as defined at
Sec. 679.2 and for each IPHC regulatory area, as prescribed in part 301
of this title.
(iii) Project schedule. The length of time the CDQ will be
necessary to achieve the goals and objectives of the CDP, including a
project schedule with measurable milestones for determining progress.
(iv) Employment. The number of individuals to be employed under the
CDP, the nature of the work provided, the number of employee-hours
anticipated per year, and the availability of labor from the
applicant's community(ies).
(v) Vocational and educational programs. Description of the
vocational and educational training programs that a CDQ allocation
under the CDP would generate.
(vi) Existing infrastructure. Description of existing fishery-
related infrastructure and how the CDP would use or enhance existing
harvesting or processing capabilities, support facilities, and human
resources.
(vii) New capital. Description of how the CDP would generate new
capital or equity for the applicant's fishing and/or processing
operations.
(viii) Transition plan. A plan and schedule for transition from
reliance on the CDQ allocation under the CDP to self-sufficiency in
fisheries.
(ix) Short- and long-term benefits. A description of short- and
long-term benefits to the applicant from the CDQ allocation.
(2) Business information. Business information includes:
(i) Method of harvest. Description of the intended method of
harvesting the CDQ allocation, including the types of products to be
produced; amounts to be harvested; when, where, and how harvesting is
to be conducted; and names and permit numbers of the vessels that will
be used to harvest a CDQ allocation.
(ii) Target market and competition. Description of the target
market for sale of products and competition existing or known to be
developing in the target market.
(iii) Business relationships. Description of business relationships
between all business partners or with other business interests, if any,
including arrangements for management, audit control, and a plan to
prevent quota overages. For purposes of this section, business partners
means all individuals who have a financial interest in the CDQ project.
(iv) Profit sharing. Description of profit sharing arrangements.
(v) Funding. Description of all funding and financing plans.
(vi) Partnerships. Description of joint venture arrangements,
loans, or other partnership arrangements, including the distribution of
proceeds among the parties.
(vii) General budget for implementing the CDP. A general budget is
a general account of estimated income and expenditures for each CDP
project that is described in paragraph (b)(1)(i) of this section for
the total number of calendar years that the CDP is in effect.
(viii) Capital equipment. A list of all capital equipment.
(ix) Cash flow. A cash flow and break-even analysis.
(x) Income statement. A balance sheet and income statement,
including profit, loss, and return on investment for the proposed CDP.
(3) Statement of managing organization's qualifications. Statement
of the managing organization's qualifications includes:
(i) Structure and personnel. Information regarding its management
structure and key personnel, such as resumes and references; including
the name, address, fax number, and telephone number of the managing
organization's representative; and
(ii) Management qualifications. A description of how the managing
organization is qualified to manage a CDQ allocation and prevent quota
overages. For purposes of this section, a qualified managing
organization means any organization or firm that would assume
responsibility for managing all or part of the CDP and that meets the
following criteria:
(A) Official letter of support. Documentation of support from each
community represented by the applicant for a CDP through an official
letter of support approved by the governing body of the community.
(B) Legal relationship. Documentation of a legal relationship
between the CDP applicant and the managing organization (if the
managing organization is different from the CDP applicant), which
clearly describes the responsibilities and obligations of each party as
demonstrated through a contract or other legally binding agreement.
(C) Expertise. Demonstration of management and technical expertise
necessary to carry out the CDP as proposed by the CDP application
(e.g., proven business experience as shown by a balance and income
statement, including profit, loss, and the return on investment on all
business ventures within the previous 12 months by the managing
organization).
(c) Review and approval of CDPs--(1) Consistent with criteria. (i)
Upon receipt by NMFS of the Governor's recommendation for approval of
proposed CDPs, NMFS will review the record to determine whether the
community eligibility criteria and the evaluation criteria set forth in
paragraph (d) of this section have been met. NMFS shall then approve or
disapprove the Governor's recommendation within 45 days of its receipt.
(ii) In the event of approval, NMFS shall notify the Governor and
the Council in writing that the Governor's recommendations for CDPs are
consistent with the evaluation criteria under paragraph (d) of this
section and other applicable law, including NMFS reasons for approval.
(iii) Publication of the decision, including the percentage of each
CDQ reserve for each subarea or district allocated under the CDPs and
the availability of the findings, will be published in the Federal
Register.
(iv) NMFS will allocate no more than 33 percent of the total CDQ to
any approved CDP application.
(v) A CDQ community may not concurrently receive more than one
pollock, halibut, or sablefish allocation and only one application for
each type of CDP per CDQ applicant will be accepted.
(2) Not consistent with criteria. (i) If NMFS finds that the
Governor's recommendations for CDQ allocations are not consistent with
the evaluation criteria set forth in these regulations and disapproves
the Governor's recommendations, NMFS shall so advise the Governor and
the Council in writing, including the reasons therefor.
(ii) Notification of the decision will be published in the Federal
Register.
(3) Revised CDP. (i) The CDP applicant may submit a revised CDP to
the Governor for submission to NMFS.
(ii) Review by NMFS of a revised CDP application will be in
accordance with the provisions set forth in this section.
(d) Evaluation criteria. NMFS will approve the Governor's
recommendations for CDPs if NMFS finds the CDP is consistent with the
requirements of these regulations, including the following:
(1) CDP application. Each CDP application is submitted in
compliance with the application procedures described in paragraph (b)
of this section.
(2) NMFS review. Prior to approval of a CDP recommended by the
Governor,

[[Page 31266]]

NMFS will review the Governor's findings to determine that each
community that is part of a CDP is listed in Table 7 of this part or
meets the following criteria for an eligible community:
(i) The community is located within 50 nm from the baseline from
which the breadth of the territorial sea is measured along the Bering
Sea coast from the Bering Strait to the western most of the Aleutian
Islands, or on an island within the Bering Sea. A community is not
eligible if it is located on the GOA coast of the North Pacific Ocean,
even if it is within 50 nm of the baseline of the Bering Sea.
(ii) The community is certified by the Secretary of the Interior
pursuant to the Native Claims Settlement Act (Public Law 92-203) to be
a native village.
(iii) The residents of the community conduct more than half of
their current commercial or subsistence fishing effort in the waters of
the BSAI.
(iv) The community has not previously developed harvesting or
processing capability sufficient to support substantial groundfish
fisheries participation in the BSAI, unless the community can show that
benefits from an approved CDP would be the only way to realize a return
from previous investments. The communities of Unalaska and Akutan are
excluded under this provision.
(3) Qualified managing organization. Each CDP application
demonstrates that a qualified managing organization will be responsible
for the harvest and use of the CDQ allocation pursuant to the CDP.
(4) Exceeding the CDQ allocation. Each CDP application demonstrates
that its managing organization can effectively prevent exceeding the
CDQ allocation.
(5) Governor's findings. The Governor has found for each
recommended CDP that:
(i) The CDP and the managing organization are fully described in
the CDP application, and have the ability to successfully meet the CDP
milestones and schedule.
(ii) The managing organization has an adequate budget for
implementing the CDP, and the CDP is likely to be successful.
(iii) A qualified applicant has submitted the CDP application and
the applicant and managing organization have the support of each
community participating in the proposed CDQ project as demonstrated
through an official letter approved by the governing body of each such
community.
(iv) The following factors have been considered:
(A) The number of individuals from applicant communities who will
be employed under the CDP, the nature of their work, and career
advancement.
(B) The number and percentage of low income persons residing in the
applicant communities, and the economic opportunities provided to them
through employment under the CDP.
(C) The number of communities cooperating in the application.
(D) The relative benefits to be derived by participating
communities and the specific plans for developing a self-sustaining
fisheries economy.
(E) The success or failure of the applicant and/or the managing
organization in the execution of a prior CDP (e.g., exceeding a CDQ
allocation or any other related violation may be considered a failure
and may therefore result in partially or fully precluding a CDP from a
future CDQ allocation).
(6) Qualified applicant. For purposes of this paragraph (d),
``qualified applicant'' means:
(i) A local fishermen's organization from an eligible community, or
group of eligible communities, that is incorporated under the laws of
the State of Alaska, or under Federal law, and whose board of directors
is composed of at least 75 percent resident fishermen of the community
(or group of communities) that is (are) making an application; or
(ii) A local economic development organization incorporated under
the laws of the State of Alaska, or under Federal law, specifically for
the purpose of designing and implementing a CDP, and that has a board
of directors composed of at least 75 percent resident fishermen of the
community (or group of communities) that is (are) making an
application.
(7) Resident fisherman. For the purpose of this paragraph (d),
``resident fisherman'' means an individual with documented commercial
or subsistence fishing activity who maintains a mailing address and
permanent domicile in the community and is eligible to receive an
Alaska Permanent Fund dividend at that address.
(8) Board of directors. If a qualified applicant represents more
than one community, the board of directors of the applicant must
include at least one member from each of the communities represented.
(e) Monitoring of CDPs--(1) CDP reports. The following reports must
be submitted to NMFS:
(i) Annual progress reports. (A) CDP applicants are required to
submit annual progress reports to the Governor by June 30 of the year
following allocation.
(B) Annual progress reports will include information describing how
the CDP has met its milestones, goals, and objectives.
(C) On the basis of those reports, the Governor will submit an
annual progress report to NMFS and recommend whether CDPs should be
continued.
(D) NMFS must notify the Governor in writing within 45 days of
receipt of the Governor's annual progress report, accepting or
rejecting the annual progress report and the Governor's
recommendations.
(E) If NMFS rejects the Governor's annual progress report, NMFS
will return it for revision and resubmission.
(F) The report will be deemed approved if NMFS does not notify the
Governor in writing within 45 days of the report's receipt.
(ii) Annual budget report. (A) An annual budget report is a
detailed estimation of income and expenditures for each CDP project as
described in paragraph (b)(1)(i) of this section for a calendar year.
(B) The annual budget report must be submitted to NMFS by December
15 preceding the year for which the annual budget applies.
(C) Annual budget reports are approved upon receipt by NMFS, unless
disapproved in writing by December 31. If disapproved, the annual
budget report may be revised and resubmitted to NMFS.
(D) NMFS will approve or disapprove a resubmitted annual budget
report in writing.
(iii) Annual budget reconciliation report. A CDQ group must
reconcile each annual budget by May 30 of the year following the year
for which the annual budget applied. Reconciliation is an accounting of
the annual budget's estimated income and expenditures with the actual
income and expenditures, including the variance in dollars and variance
in percentage for each CDP project that is described in paragraph
(b)(1)(i) of this section. If a general budget, as described in
paragraph (b)(2)(vii) of this section, is no longer correct due to the
reconciliation of an annual budget, then the general budget must also
be revised to reflect the annual budget reconciliation. The revised
general budget must be included with the annual budget reconciliation
report.
(2) Increase in CDQ allocation. If an applicant requests an
increase in a CDQ, the applicant must submit a new CDP application for
review by the Governor and approval by NMFS as described in paragraphs
(b) and (c) of this section.

[[Page 31267]]

(3) Substantial amendments. (i) A CDP is a working business plan
and must be kept up to date. Substantial amendments, as described in
paragraph (e)(3)(iv) of this section, to a CDP will require written
notification to the Governor and subsequent approval by the Governor
and NMFS before any change in a CDP can occur. The Governor may
recommend to NMFS that the request for an amendment be approved.
(ii) NMFS may notify the Governor in writing of approval or
disapproval of the amendment within 30 days of receipt of the
Governor's recommendation. The Governor's recommendation for approval
of an amendment will be deemed approved if NMFS does not notify the
Governor in writing within 30 calendar days of receipt of the
Governor's recommendation.
(iii) If NMFS determines that the CDP, if changed, would no longer
meet the criteria under paragraph (d) of this section, or if any of the
requirements under this section would not be met, NMFS shall notify the
Governor in writing of the reasons why the amendment cannot be
approved.
(iv) For the purposes of this section, substantial amendments are
defined as changes in a CDP, including, but not limited to, any of the
following:
(A) Any change in the applicant communities or replacement of the
managing organization.
(B) A change in the CDP applicant's harvesting or processing
partner.
(C) Funding a CDP project in excess of $100,000 that is not part of
an approved general budget.
(D) More than a 20-percent increase in the annual budget of an
approved CDP project.
(E) More than a 20-percent increase in actual expenditures over the
approved annual budget for administrative operations.
(F) A change in the contractual agreement(s) between the CDP
applicant and its harvesting or processing partner, or a change in a
CDP project, if such change is deemed by the Governor or NMFS to be a
material change.
(v) Notification of an amendment to a CDP shall include the
following information:
(A) The background and justification for the amendment that
explains why the proposed amendment is necessary and appropriate.
(B) An explanation of why the proposed change to the CDP is an
amendment according to paragraph (e)(3)(i) of this section.
(C) A description of the proposed amendment, explaining all changes
to the CDP that result from the proposed amendment.
(D) A comparison of the original CDP text with the text of the
proposed changes to the CDP, and the changed pages of the CDP for
replacement in the CDP binder.
(E) Identification of any NMFS findings that would need to be
modified if the amendment is approved along with the proposed modified
text.
(F) A description of how the proposed amendment meets the
requirements of this subpart. Only those CDQ regulations that are
affected by the proposed amendment need to be discussed.
(4) Technical amendments. (i) Any change to a CDP that is not a
substantial amendment as defined in paragraph (e)(3)(iv) of this
section is a technical amendment. It is the responsibility of the CDQ
group to coordinate with the Governor to ensure that a proposed
technical amendment does not meet the definition for a substantial
amendment. Technical amendments require written notification to the
Governor and NMFS before the change in a CDP occurs.
(ii) A technical amendment will be approved when the CDQ group
receives a written notification from NMFS announcing the receipt of the
technical amendment. The Governor may recommend to NMFS, in writing,
that a technical amendment be disapproved at any time. NMFS may
disapprove a technical amendment in writing at any time, with the
reasons therefor.
(iii) Notification should include:
(A) The pages of the CDP, with the text highlighted to show
deletions and additions.
(B) The changed pages of the CDP for replacement in the CDP binder.
(5) Cease fishing operations. It is the responsibility of the CDQ-
managing organization to cease fishing operations once a CDQ allocation
has been reached.
(f) Suspension or termination of a CDP--(1) Governor's
recommendation. (i) NMFS, at any time, may partially suspend, suspend,
or terminate any CDP upon written recommendation of the Governor
setting out his or her reasons that the CDP recipient is not complying
with these regulations.
(ii) After review of the Governor's recommendation and reasons for
a partial suspension, suspension, or termination of a CDP, NMFS will
notify the Governor in writing of approval or disapproval of his or her
recommendation within 45 days of its receipt.
(iii) In the event of approval of the Governor's recommendation,
NMFS will publish an announcement in the Federal Register that the CDP
has been partially suspended, suspended, or terminated, along with
reasons therefor.
(2) Non-compliance. NMFS also may partially suspend, suspend, or
terminate any CDP at any time if NMFS finds a recipient of a CDQ
allocation pursuant to the CDP is not complying with these regulations,
other regulations, or provisions of the Magnuson Act or other
applicable law. Publication of suspension or termination will appear in
the Federal Register, along with the reasons therefor.
(3) Review of allocation. An annual progress report, required under
paragraph (e)(1)(i) of this section, will be used by the Governor to
review each CDP to determine whether the CDP and CDQ allocation
thereunder should be continued, decreased, partially suspended,
suspended, or terminated under the following circumstances:
(i) If the Governor determines that the CDP will successfully meet
its goals and objectives, the CDP may continue without any Secretarial
action.
(ii) If the Governor recommends to NMFS that an allocation be
decreased, the Governor's recommendation for decrease will be deemed
approved if NMFS does not notify the Governor, in writing, within 30
days of receipt of the Governor's recommendation.
(iii) If the Governor determines that a CDP has not successfully
met its goals and objectives, or appears unlikely to become successful,
the Governor may submit a recommendation to NMFS that the CDP be
partially suspended, suspended, or terminated. The Governor must set
out, in writing, his or her reasons for recommending suspension or
termination of the CDP.
(iv) After review of the Governor's recommendation and reasons
therefor, NMFS will notify the Governor, in writing, of approval or
disapproval of his or her recommendation within 30 days of its receipt.
In the case of suspension or termination, NMFS will publish
notification in the Federal Register, with reasons therefor.

Sec. 679.31 CDQ reserve.

(a) Pollock CDQ reserve (applicable through December 31, 1998). (1)
In the proposed and final harvest specifications required under
Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for
each subarea or district will be assigned to a CDQ reserve for each
subarea or district.
(2) NMFS may add any amount of a CDQ reserve back to the
nonspecific reserve if, after September 30, the Regional Director
determines that amount will not be used during the remainder of the
fishing year.

[[Page 31268]]

(b) Halibut CDQ reserve. (1) NMFS will annually withhold from IFQ
allocation the proportions of the halibut catch limit that are
specified in this paragraph (b) for use as a CDQ reserve.
(2) Portions of the CDQ for each specified IPHC regulatory area may
be allocated for the exclusive use of an eligible Western Alaska
community or group of communities in accordance with a CDP approved by
the Governor in consultation with the Council and approved by NMFS.
(3) The proportions of the halibut catch limit annually withheld
for purposes of the CDQ program, exclusive of issued QS, are as follows
for each IPHC regulatory area:
(i) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual
halibut quota shall be made available for the halibut CDQ program to
eligible communities physically located in or proximate to this
regulatory area. For the purposes of this section, ``proximate to'' an
IPHC regulatory area means within 10 nm from the point where the
boundary of the IPHC regulatory area intersects land.
(ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut
quota shall be made available for the halibut CDQ program to eligible
communities physically located in IPHC regulatory area 4C.
(iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the
halibut quota shall be made available for the halibut CDQ program to
eligible communities located in or proximate to IPHC regulatory areas
4D and 4E.
(iv) Area 4E. In IPHC regulatory area 4E, 100 percent of the
halibut quota shall be made available for the halibut CDQ program to
communities located in or proximate to IPHC regulatory area 4E. A
fishing trip limit of 6,000 lb (2.7 mt) will apply to halibut CDQ
harvesting in IPHC regulatory area 4E.
(c) Sablefish CDQ reserve. In the proposed and final harvest limit
specifications required under Sec. 679.20(c), NMFS will specify 20
percent of the fixed gear allocation of sablefish in each BSAI subarea
as a sablefish CDQ reserve, exclusive of issued QS. Portions of the CDQ
reserve for each subarea may be allocated for the exclusive use of CDQ
applicants in accordance with CDPs approved by the Governor in
consultation with the Council and approved by NMFS. NMFS will allocate
no more than 33 percent of the total CDQ for all subareas combined to
any one applicant with an approved CDP application.

Sec. 679.32 Estimation of total pollock harvest in the CDQ fisheries
(applicable through December 31, 1998).

(a) Recordkeeping and reporting requirements. Vessels and
processors participating in pollock CDQ fisheries must comply with
recordkeeping and reporting requirements set out at Sec. 679.5.
(b) Total pollock harvests--(1) Observer estimates. Total pollock
harvests for each CDP will be determined by observer estimates of total
catch and catch composition, as reported on the daily observer catch
message.
(2) Cease fishing. The CDQ-managing organization must arrange to
receive a copy of the observer daily catch message from processors in a
manner that allows the CDQ-managing organization to inform processors
to cease fishing operations before the CDQ allocation has been
exceeded. CDQ-managing organization representatives must also inform
NMFS within 24 hours after the CDQ has been reached and fishing has
ceased.
(3) NMFS estimates. If NMFS determines that the observer, the
processor, or the CDQ-managing organization failed to follow the
procedures described in paragraphs (c), (d), and (e) of this section
for estimating the total harvest of pollock, or violated any other
regulation in this subpart C of this part, NMFS reserves the right to
estimate the total pollock harvest based on the best available data.
(c) Observer coverage. Vessel operators and processors
participating in CDQ fisheries must comply with the following
requirements for observer coverage:
(1) Shoreside processor. (i) Each shoreside processor participating
in the CDQ fisheries must have one NMFS-certified observer present at
all times while groundfish harvested under a CDQ are being received or
processed.
(ii) The Regional Director is authorized to require more than one
observer for a shoreside processor if:
(A) The CDQ delivery schedule requires an observer to be on duty
more than 12 hours in a 24-hour period;
(B) Simultaneous deliveries of CDQ harvests by more than one vessel
cannot be monitored by a single observer; or
(C) One observer is not capable of adequately monitoring CDQ
deliveries.
(2) Processor vessel. Each processor vessel participating in the
CDQ fisheries must have two NMFS-certified observers aboard the vessel
at all times while groundfish harvested under a CDQ are being
harvested, processed, or received from another vessel.
(3) Catcher vessel. Observer coverage requirements for catcher
vessels participating in the CDQ fisheries are in addition to any
observer coverage requirements in subpart E of this part. Each catcher
vessel delivering groundfish harvested under a CDQ, other than a
catcher vessel delivering only unsorted codends to a processor or
another vessel, must have a NMFS-certified observer on the vessel at
all times while the vessel is participating in the CDQ fisheries,
regardless of the vessel length.
(d) Shoreside processor equipment and operational requirements.
Each shoreside processor participating in the CDQ fisheries must comply
with the following requirements:
(1) Certified scale. Groundfish harvested in the CDQ fisheries must
be recorded and weighed on a scale certified by the State of Alaska.
Such a scale must measure catch weights at all times to at least 95-
percent accuracy, as determined by a NMFS-certified observer or
authorized officer. The scale and scale display must be visible
simultaneously by the observer.
(2) Access to scale. Observers must be provided access to the scale
used to weigh groundfish landings.
(3) Retention of scale printouts. Printouts of scale measurements
of each CDQ delivery must be made available to observers and be
maintained in the shoreside processor for the duration of the fishing
year, or for as long after a fishing year as product from fish
harvested during that year are retained in the shoreside processor.
(4) Prior notice of offloading schedule. The manager of each
shoreside processor must notify the observer(s) of the offloading
schedule of each CDQ groundfish delivery at least 1 hour prior to
offloading to provide the observer an opportunity to monitor the
weighing of the entire delivery.
(e) Processor vessel measurement requirements. Each processor
vessel participating in the CDQ fishery for pollock must estimate the
total weight of its groundfish catch by the volumetric procedures
specified in paragraph (e)(1) of this section or must weigh its catch
in accordance with the procedures in paragraph (e)(2) of this section.
(1) Volumetric measures of total catch--(i) Receiving bins. Each
processor vessel estimating its catch by volumetric measurement must
have one or more receiving bins in which all fish catches are placed to
determine total catch weight prior to sorting operations.
(ii) Bin volume. The volume of each bin must be accurately
measured, and the bin must be permanently marked and numbered in 10-cm
increments on

[[Page 31269]]

all internal sides of the bin. Marked increments, except those on the
wall containing the viewing port or window, must be readable from the
outside of the bin at all times. Bins must be lighted in a manner that
allows marked increments to be read from the outside of the bin by a
NMFS-certified observer or authorized officer.
(iii) Bin certification. (A) The bin volume and marked and numbered
increments must be certified by a registered engineer with no financial
interest in fishing, fish processing, or fish tender vessels, or by a
qualified organization that has been designated by the USCG Commandant,
or an authorized representative thereof, for the purpose of classing or
examining commercial fishing industry vessels under the provisions of
46 CFR 28.76.
(B) Bin volumes and marked and numbered increments must be
recertified each time a bin is structurally or physically changed.
(C) The location of bin markings, as certified, must be described
in writing. Tables certified under this paragraph (e)(1)(iii)
indicating the volume of each certified bin in cubic meters for each
10-cm increment marked on the sides of the bins, must be submitted to
the NMFS Observer Program prior to harvesting or receiving groundfish
and must be maintained on board the vessel and made available to NMFS-
certified observers at all times.
(D) All bin certification documents must be dated and signed by the
certifier.
(iv) Prior notification. Vessel operators must notify observers
prior to any removal or addition of fish from each bin used for
volumetric measurements of catch in such a manner that allows an
observer to take bin volume measurements prior to fish being removed
from or added to the bin. Once a volumetric measurement has been taken,
additional fish may not be added to the bin until at least half the
original volume has been removed. Fish may not be removed from or added
to a bin used for volumetric measurements of catch until an observer
indicates that bin volume measurements have been completed and any
samples of catch required by the observer have been taken.
(v) Separation of fish. Fish from separate hauls or deliveries from
separate harvesting vessels may not be mixed in any bin used for
volumetric measurements of catch.
(vi) Bin viewing port. Fish must not be loaded into a bin used for
volumetric measurements above the level of the viewing port in the bin.
(2) Scale weight measurements of total catch--(i) Equipment. Any
scale used on a processor vessel to weigh groundfish harvested in the
CDQ fisheries must measure catch weights to at least 95-percent
accuracy at all times as determined by a NMFS-certified observer or
authorized officer. The scale must be equipped with a functional motion
compensation device to account for vessel acceleration, roll, pitch,
and vibration movement. The scale and scale display must be visible by
the observer simultaneously.
(ii) Printouts. Printouts of scale measurements of each haul weight
must be made available to the observer and be maintained on board the
vessel for the duration of the fishing year or for as long after a
fishing year as products from fish harvested during that year are
retained on board a vessel.
(iii) Separation of fish. The catch from each haul must be kept
separate, such that the scale weight can be obtained separately for
each haul.

Sec. 679.33 Halibut and sablefish CDQ.

(a) Permits. The Regional Director will issue a halibut and/or
sablefish CDQ permit to the managing organization responsible for
carrying out an approved CDQ project. A copy of the halibut and/or
sablefish CDQ permit must be carried on any fishing vessel operated by
or for the managing organization, and be made available for inspection
by an authorized officer. Each halibut and/or sablefish CDQ permit will
be non-transferable and will be effective for the duration of the CDQ
project or until revoked, suspended, or modified.
(b) CDQ cards. The Regional Director will issue halibut and/or
sablefish CDQ cards to all individuals named on an approved CDP
application. Each halibut and/or sablefish CDQ card will identify a CDQ
permit number and the individual authorized by the managing
organization to land halibut and/or sablefish for debit against its CDQ
allocation.
(c) Alteration. No person may alter, erase, or mutilate a halibut
and/or sablefish CDQ permit, card, registered buyer permit, or any
valid and current permit or document issued under this part. Any such
permit, card, or document that has been intentionally altered, erased,
or mutilated will be invalid.
(d) Landings. All landings of halibut and/or sablefish harvested
under an approved CDQ project, dockside sales, and outside landings of
halibut and/or sablefish must be landed by a person with a valid
halibut and/or sablefish CDQ card to a person with a valid registered
buyer permit, and reported in compliance with Sec. 679.5 (l)(1) and
(l)(2).
(e) CDQ fishing seasons. See Sec. 679.23(e)(4).

Sec. 679.34 CDQ halibut and sablefish determinations and appeals.

Section 679.43 describes the procedure for appealing initial
administrative determinations for the halibut and sablefish CDQ program
made under this subpart C of this part.

Subpart D--Individual Fishing Quota Management Measures

Sec. 679.40 Sablefish and halibut QS.

The Regional Director shall annually divide the TAC of halibut and
sablefish that is apportioned to the fixed gear fishery pursuant to
part 301 of this title and Sec. 679.20, minus the CDQ reserve, among
qualified halibut and sablefish quota share holders, respectively.
(a) Initial allocation of QS--(1) General. The Regional Director
shall initially assign to qualified persons, on or after October 18,
1994, halibut and sablefish fixed gear fishery QS that are specific to
IFQ regulatory areas and vessel categories. QS will be assigned as a
block in the appropriate IFQ regulatory area and vessel category, if
that QS would have resulted in an allocation of less than 20,000 lb (9
mt) of IFQ for halibut or sablefish based on the 1994 TAC for fixed
gear in those fisheries for specific IFQ regulatory areas and the QS
pools of those fisheries for specific IFQ regulatory areas as of
October 17, 1994.
(2) Qualified person. (i) As used in this section, a ``qualified
person'' means a ``person,'' as defined in Sec. 679.2:
(A) That owned a vessel that made legal landings of halibut or
sablefish, harvested with fixed gear, from any IFQ regulatory area in
any QS qualifying year; or
(B) That leased a vessel that made legal landings of halibut or
sablefish, harvested with fixed gear, from any IFQ regulatory area in
any QS qualifying year. A person who owns a vessel cannot be a
qualified person based on the legal fixed gear landings of halibut or
sablefish made by a person who leased the vessel for the duration of
the lease.
(ii) Qualified persons, or their successors-in-interest, must exist
at the time of their application for QS.
(iii) A former partner of a dissolved partnership or a former
shareholder of a dissolved corporation who would otherwise qualify as a
person may apply for QS in proportion to his or her interest in the
dissolved partnership or corporation.

[[Page 31270]]

(iv) Sablefish harvested within Prince William Sound, or under a
State of Alaska limited entry program, will not be considered in
determining whether a person is a qualified person.
(3) Qualification for QS--(i) Year. A QS qualifying year is 1988,
1989, or 1990.
(ii) Vessel ownership. Evidence of vessel ownership shall be
limited to the following documents, in order of priority:
(A) For vessels required to be documented under the laws of the
United States, the USCG abstract of title issued in respect of that
vessel.
(B) A certificate of registration that is determinative as to
vessel ownership.
(C) A bill of sale.
(iii) Vessel lease. Conclusive evidence of a vessel lease will
include a written vessel lease agreement or a notarized statement from
the vessel owner and lease holder attesting to the existence of a
vessel lease agreement at any time during the QS qualifying years.
Conclusive evidence of a vessel lease must identify the leased vessel
and indicate the name of the lease holder and the period of time during
which the lease was in effect. Other evidence, which may not be
conclusive, but may tend to support a vessel lease, may also be
submitted.
(iv) Ownership interest. Evidence of ownership interest in a
dissolved partnership or corporation shall be limited to corporate
documents (e.g., articles of incorporation) or notarized statements
signed by each former partner, shareholder or director, and specifying
their proportions of interest.
(v) Legal landing of halibut or sablefish--(A) Definition. As used
in this section, a ``legal landing of halibut or sablefish'' means
halibut or sablefish harvested with fixed gear and landed in compliance
with state and Federal regulations in effect at the time of the
landing.
(B) Documentation. Evidence of legal landings shall be limited to
documentation of state or Federal catch reports that indicate the
amount of halibut or sablefish harvested, the IPHC regulatory area or
groundfish reporting area in which it was caught, the vessel and gear
type used to catch it, and the date of harvesting, landing, or
reporting. State catch reports are Alaska, Washington, Oregon, or
California fish tickets. Federal catch reports are WPRs required under
Sec. 679.5. Sablefish harvested within Prince William Sound or under a
State of Alaska limited entry program will not be considered in
determining qualification to receive QS, nor in calculating initial QS.
(4) Calculation of initial QS--(i) Halibut QS. The Regional
Director shall calculate the halibut QS for any qualified person in
each IFQ regulatory area based on that person's highest total legal
landings of halibut in each IPHC regulatory area for any 5 years of the
7-year halibut QS base period 1984 through 1990. The sum of all halibut
QS for an IFQ regulatory area will be the halibut QS pool for that
area.
(ii) Sablefish QS. The Regional Director shall calculate the
sablefish QS for any qualified person in each IFQ regulatory area based
on that person's highest total legal landings of sablefish in each
groundfish reporting area for any 5 years of the 6-year sablefish QS
base period 1985 through 1990. The sum of all sablefish QS for an IFQ
regulatory area will be the sablefish QS pool for that area.
(iii) CDQ program. Each initial QS calculation will be modified to
accommodate the CDQ program prescribed at subpart C of this part.
(5) Assignment of QS to vessel categories--(i) LOA. Each qualified
person's QS will be assigned to a vessel category based on the LOA of
vessel(s) from which that person made fixed gear legal landings of
groundfish or halibut in the most recent year of participation and the
product type landed. As used in this paragraph (a)(5), ``the most
recent year of participation'' means the most recent of 4 calendar
years in which any groundfish or halibut were harvested using fixed
gear, as follows: 1988, 1989, or 1990; or calendar year 1991 prior to
September 26, 1991.
(ii) Vessel categories. Vessel categories include:
(A) Category A--freezer vessels of any length.
(B) Category B--catcher vessels greater than 60 ft (18.3 m) LOA.
(C) Category C--catcher vessels less than or equal to 60 ft (18.3
m) LOA for sablefish, or catcher vessels greater than 35 ft (10.7 m)
but less than or equal to 60 ft (18.3 m) LOA for halibut.
(D) Category D--catcher vessels that are less than or equal to 35
ft (10.7 m) LOA for halibut.
(iii) QS assignment. A qualified person's QS will be assigned:
(A) To vessel category A if, at any time during his/her most recent
year of participation, that person's vessel processed any groundfish or
halibut caught with fixed gear.
(B) To vessel category B if, at any time during his/her most recent
year of participation, that person's vessel was greater than 60 ft
(18.3 m) LOA and did not process any groundfish or halibut caught with
fixed gear.
(C) To each applicable vessel category in proportion to the
landings of halibut or sablefish made by that person if, at any time
during their most recent year of participation, that person used more
than one vessel in different categories.
(iv) Sablefish QS. A qualified person's sablefish QS will be
assigned:
(A) To vessel category C if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
60 ft (18.3 m) LOA and did not process any groundfish or halibut caught
with fixed gear.
(B) To the vessel category in which halibut and groundfish were
landed, or vessel categories in proportion to the total fixed gear
landings of halibut and groundfish, if, at any time during the most
recent year of participation, that person's vessel(s) makes no
landing(s) of sablefish.
(v) Halibut QS. A qualified person's halibut QS will be assigned:
(A) To vessel category C if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
60 ft (18.3 m), but greater than 35 ft (10.7 m), LOA and did not
process any groundfish or halibut caught with fixed gear.
(B) To vessel category D if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
35 ft (10.7 m) LOA and did not process any groundfish or halibut caught
with fixed gear.
(C) To the vessel category in which groundfish were landed, or
vessel categories in proportion to the total fixed gear landings of
groundfish, if, at any time during the most recent year of
participation, that person's vessel(s) makes no landing(s) of halibut.
(vi) Both species QS. A qualified person's QS for both species will
be assigned to the vessel category in which groundfish were landed in
the most recent year of participation if, at any time during that year,
that person landed halibut in one vessel category and sablefish in a
different vessel category.
(6) Application for initial QS--(i) Application form. Upon request,
the Regional Director shall make available to any person an application
form for an initial allocation of QS. The application form sent to the
person requesting a QS allocation will include all data on that
person's vessel ownership and catch history of halibut and sablefish
that can be released to the applicant under current state and Federal
confidentiality rules, and that are available to the Regional Director
at the time of the request.
(ii) Application period. An application period of no less than 180

[[Page 31271]]

days will be specified by notification in the Federal Register and
other information sources that the Regional Director deems appropriate.
(iii) Complete application. Complete applications received by the
Regional Director will be acknowledged. An incomplete application will
be returned to the applicant with specific kinds of information
identified that are necessary to make it complete.
(7) Insufficient documentation. Halibut and sablefish catch
history, vessel ownership or lease data, and other information supplied
by an applicant will be compared with data compiled by the Regional
Director. If additional data presented in an application are not
consistent with the data compiled by the Regional Director, the
applicant will be notified of insufficient documentation. The applicant
will have 90 days to submit corroborating documents (as specified in
paragraph (a) of this section) in support of his/her application or to
resubmit a revised application. All applicants will be limited to one
opportunity to provide corroborating documentation or a revised
application in response to notification of insufficient documentation.
(8) Verified data. Uncontested data in applications will be
approved by the Regional Director. Based on these data, the Regional
Director will calculate each applicant's initial halibut and sablefish
QS, as provided in paragraph (b) of this section, for each IFQ
regulatory area, respectively, and will add each applicant's halibut
and sablefish QS for an IFQ regulatory area to the respective QS pool
for that area.
(9) Unverified data. Catch history, vessel ownership, or lease data
that cannot be verified by the Regional Director, following the
procedure described in paragraph (a)(7) of this section, will not
qualify for QS. An initial determination denying QS on the grounds that
claimed catch history, vessel ownership or lease data were not verified
may be appealed following the procedure described in Sec. 679.43. Quota
share reflecting catch history, vessel ownership, or lease data that
are contested between two or more applicants, at least one of which is
likely to qualify for QS when the dispute is resolved, will be assigned
to a reserve that will be considered part of the QS pool for the
appropriate IFQ regulatory area. Any QS and IFQ that results from
agency action resolving the dispute will be assigned to the prevailing
applicant(s) pursuant to paragraphs (a)(4), (a)(5), (b), and (c) of
this section. If the assigned IFQ for the 1995 fishing season becomes
moot by passage of time needed to resolve the dispute, the assignment
of QS and IFQ for subsequent fishing seasons will be unaffected.
(b) Annual allocation of IFQ. The Regional Director shall assign
halibut or sablefish IFQs to each person holding unrestricted QS for
halibut or sablefish, respectively, up to the limits prescribed in
Sec. 679.42 (e) and (f). Each assigned IFQ will be specific to an IFQ
regulatory area and vessel category, and will represent the maximum
amount of halibut or sablefish that may be harvested from the specified
IFQ regulatory area and by the person to whom it is assigned during the
specified fishing year, unless the IFQ assignment is changed by the
Regional Director within the fishing year because of an approved
transfer or because all or part of the IFQ is sanctioned for violating
rules of this part.
(c) Calculation of annual IFQ allocation--(1) General. The annual
allocation of IFQ to any person (person p) in any IFQ regulatory area
(area a) will be equal to the product of the TAC of halibut or
sablefish by fixed gear for that area (after adjustment for purposes of
the Western Alaska CDQ Program) and that person's QS divided by the QS
pool for that area. Overages will be subtracted from a person's IFQ
pursuant to paragraph (d) of this section. Expressed algebraically, the
annual IFQ allocation formula is as follows:

IFQ pa = [(fixed gear TACa - CDQ reservea) x
(QSpa/QS poola)] - overage of IFQpa.

(2) QS amounts. For purposes of calculating IFQs for any fishing
year, the amount of a person's QS and the amount of the QS pool for any
IFQ regulatory area will be the amounts on record with the Alaska
Region, NMFS, as of 1200 hours, A.l.t., on January 31 of that year.
(3) IFQ permit. The Regional Director shall issue to each QS
holder, pursuant to Sec. 679.4, an IFQ permit accompanied by a
statement specifying the maximum amount of halibut and sablefish that
may be harvested with fixed gear in a specified IFQ regulatory area and
vessel category as of January 31 of that year. Such IFQ permits will be
sent by certified mail to each QS holder at the address on record for
that person after the beginning of each fishing year, but prior to the
start of the annual IFQ fishing season.
(d) Ten-percent adjustment policy. A person's annual IFQ account
will be adjusted in the year following a determination that the person
harvested or landed IFQ species in an amount is greater than the amount
available in the person's annual IFQ account and if the amount greater
than the amount available does not exceed 10 percent of the amount
available in the person's annual IFQ account at the time of landing.
The adjustment would be a deduction of the amount of IFQ species
harvested or landed that was determined to exceed the amount available
in the person's annual IFQ account and will apply to any person to whom
the affected IFQ is allocated in the year following the determination.
(e) Underages. Underages of up to 10 percent of a person's total
annual IFQ account for a current fishing year will be added to that
person's annual IFQ account in the year following determination of the
underage. This underage adjustment to the annual IFQ allocation will be
specific to IFQ species, IFQ regulatory area, and vessel category for
which an IFQ is calculated, and will apply to any person to whom the
affected IFQ is allocated in the year following determination of an
underage.
(f) Harvesting privilege. Quota shares allocated or permits issued
pursuant to this part do not represent either an absolute right to the
resource or any interest that is subject to the ``takings'' provision
of the Fifth Amendment of the U.S. Constitution. Rather, such quota
shares or permits represent only a harvesting privilege that may be
revoked or amended subject to the requirements of the Magnuson Act and
other applicable law.

Sec. 679.41 Transfer of QS and IFQ.

(a) General. (1) Except as provided in paragraph (a)(2) of this
section, transfer of QS or IFQ means any transaction requiring QS, or
the use thereof in the form of IFQ, to pass from one person to another,
permanently or for a fixed period of time.
(2) Transactions requiring IFQ cards to be issued in the name of a
vessel master employed by an individual or a corporation are not
transfers of QS or IFQ.
(b) Transfer procedure--(1) Application for transfer. A person who
receives QS by transfer may not use IFQ resulting from that QS for
harvesting halibut or sablefish with fixed gear until an Application
for Transfer of QS/IFQ (Application for Transfer) is approved by the
Regional Director. The Regional Director shall provide an Application
for Transfer form to any person on request. Persons who submit an
Application for Transfer to the Regional Director for approval will
receive notification of the Regional Director's decision to approve or
disapprove the Application for Transfer, and, if applicable, the
reason(s) for

[[Page 31272]]

disapproval, by mail posted on the date of that decision, unless
another communication mode is requested on the Application for
Transfer.
(2) QS or IFQ accounts. QS or IFQ accounts affected by an
Application for Transfer approved by the Regional Director will change
on the date of approval. Any necessary IFQ permits will be sent with
the notification of the Regional Director's decision.
(c) Application for Transfer approval criteria. Except as provided
in paragraph (f) of this section, an Application for Transfer will not
be approved until the Regional Director has determined that:
(1) The person applying for transfer received the QS or IFQ to be
transferred:
(i) By initial assignment by the Regional Director as provided in
Sec. 679.40(a); or
(ii) By approved transfer.
(2) The person applying to receive the QS or IFQ meets the
requirements of eligibility in paragraph (d) of this section.
(3) The person applying for transfer and the person applying to
receive the QS or IFQ have their notarized signatures on the
Application for Transfer.
(4) There are no fines, civil penalties, or other payments due and
owing, or outstanding permit sanctions, resulting from Federal fishery
violations involving either person.
(5) The person applying to receive the QS or IFQ currently exists.
(6) The transfer would not cause the person applying to receive the
QS or IFQ to exceed the use limits in Sec. 679.42 (e) or (f).
(7) The transfer would not violate the provisions of paragraph (g)
of this section.
(8) Other pertinent information requested on the Application for
Transfer has been supplied to the satisfaction of the Regional
Director.
(d) Eligibility to receive QS or IFQ by transfer--(1) Application
for Eligibility. All persons applying to receive QS or IFQ must submit
an Application for Eligibility to Receive QS/IFQ (Application for
Eligibility), containing accurate information, to the Regional
Director. The Regional Director will not approve a transfer of IFQ or
QS to a person until the Application for Eligibility for that person is
approved by the Regional Director. The Regional Director shall provide
an Application for Eligibility form to any person on request.
(2) Type of eligibility. A person must indicate on the Application
for Eligibility whether the eligibility sought is as:
(i) An individual; or
(ii) A corporation, partnership, or other entity.
(3) Application filing order. A person may submit the Application
for Eligibility with the Application for Transfer or file the
Application for Eligibility prior to submitting the Application for
Transfer. If a person, as described in paragraph (d)(2)(ii) of this
section, files the Application for Eligibility prior to submitting the
Application for Transfer, and that person's status subsequently
changes, as described in Sec. 679.42(j), that person must resubmit an
Application for Eligibility before submitting, or with, the Application
for Transfer.
(4) Certified mail. The Regional Director's approval of an
Application for Eligibility will be mailed to the person by certified
mail.
(5) Notification. The Regional Director will notify the applicant
if an Application for Eligibility is disapproved. This notification of
disapproval will include:
(i) The disapproved Application for Eligibility.
(ii) An explanation of why the Application for Eligibility was not
approved.
(6) Reasons for disapproval. Reasons for disapproval of an
Application for Eligibility may include, but are not limited to:
(i) Fewer than 150 days of experience working as an IFQ crewmember.
(ii) Lack of compliance with the U.S. citizenship or corporate
ownership requirements specified by the definition of ``person'' at
Sec. 679.2.
(iii) An incomplete Application for Eligibility.
(iv) Fines, civil penalties, or other payments due and owing, or
outstanding permit sanctions, resulting from Federal fishery
violations.
(e) Transfers of QS blocks. (1) A QS block must be transferred as
an undivided whole, unless the size of the QS block exceeds the use
limits specified at Sec. 679.42. If the QS block to be transferred
exceeds the use limits specified at Sec. 679.42, the Regional Director
will divide the block into two blocks, one block containing the maximum
amount of QS allowable under the QS use limits and the other block
containing the residual QS.
(2) QS blocks representing less than 1,000 lb (0.5 mt) of IFQ for
halibut or less than 3,000 lb (1.9 mt) for sablefish, based on the
factors listed in Sec. 679.40(a), for the same IFQ regulatory area and
vessel category, may be consolidated into larger QS blocks, provided
that the consolidated QS blocks do not represent greater than 1,000 lb
(0.5 mt) of IFQ for halibut or greater than 3,000 lb (1.4 mt) of IFQ
for sablefish based on the factors listed in Sec. 679.40(a). A
consolidated QS block cannot be divided and is considered a single
block for purposes of use and transferability.
(f) Transfer of QS or IFQ with restrictions. If QS or IFQ must be
transferred as a result of a court order, operation of law, or as part
of a security agreement, but the person receiving the QS or IFQ by
transfer does not meet all of the eligibility requirements of this
section, the Regional Director will approve the Application for
Transfer with restrictions. The Regional Director will not assign IFQ
resulting from the restricted QS to any person. IFQ with restrictions
may not be used for harvesting halibut or sablefish with fixed gear.
The QS or IFQ will remain restricted until:
(1) The person who received the QS or IFQ with restrictions meets
the eligibility requirements of this section and the Regional Director
approves an Application for Eligibility for that person; or
(2) The Regional Director approves the Application for Transfer
from the person who received the QS or IFQ with restrictions to a
person who meets the requirements of this section.
(g) Transfer restrictions, catcher vessel QS. (1) Except as
provided in paragraph (f) or (g)(2) of this section, only persons who
are IFQ crewmembers, or who were initially assigned catcher vessel QS,
and meet the other requirements in this section may receive catcher
vessel QS.
(2) Except as provided in paragraph (g)(3) of this section, only
persons who are IFQ crew members may receive catcher vessel QS in IFQ
regulatory area 2C for halibut or in the IFQ regulatory area east of
140 deg. W. long. for sablefish.
(3) Catcher vessel QS initially assigned to an individual may be
transferred to a corporation that is solely owned by the same
individual. Such transfers of catcher vessel QS in IFQ regulatory area
2C for halibut or in the IFQ regulatory area east of 140 deg. W. long.
for sablefish will be governed by the use provisions of Sec. 679.42(i);
the use provisions pertaining to corporations at Sec. 679.42(j) shall
not apply.
(4) Except as provided in paragraph (h) of this section, or by
court order, operation of law, or as part of a security agreement, the
Regional Director will not approve an Application for Transfer of
catcher vessel QS subject to a lease or any other condition of
repossession or resale by the person transferring QS. The Regional
Director may request a copy of the sales contract or other terms and
conditions of transfer between two

[[Page 31273]]

persons as supplementary information to the transfer application.
(h) Leasing QS (applicable until January 2, 1998). A person may not
use IFQ resulting from a QS lease for harvesting halibut or sablefish
until an Application for Transfer complying with the requirements of
paragraph (b) of this section and the lease agreement are approved by
the Regional Director. A person may lease no more than 10 percent of
that person's total catcher vessel QS for any IFQ species in any IFQ
regulatory area to one or more persons for any fishing year. After
approving the Application for Transfer, the Regional Director shall
change any IFQ accounts affected by an approved QS lease and issue all
necessary IFQ permits. QS leases must comply with all transfer
requirements specified in this section. All leases will expire on
December 31 of the calendar year for which they are approved.
(i) Transfer across catcher vessel categories--(1) CDQ
compensation. Persons issued CDQ compensation QS in a catcher vessel
category, pursuant to Sec. 679.41(j), and in an IFQ regulatory area in
which they do not hold QS other than CDQ compensation QS, may use that
CDQ compensation QS on any catcher vessel. This exemption from catcher
vessel categories ends upon the first transfer of the CDQ compensation
QS. CDQ compensation QS being transferred will be permanently assigned
to a specific catcher vessel category as designated by the person
receiving the transfer.
(2) Redesignated catcher vessel category (Applicable until February
24, 1997). Catcher vessel QS transferred as partial or total
consideration for the transfer of CDQ compensation QS may be
redesignated into a new catcher vessel category if the CDQ compensation
QS being transferred can be used on any catcher vessel pursuant to the
exemption in paragraph (i)(1) of this section and the person to which
that CDQ compensation QS was issued is party to the transfer.
(3) CDQ compensation QS definition. For purposes of this paragraph
(i), CDQ compensation QS is QS issued as compensation for halibut and
sablefish harvest privileges foregone due to the CDQ Program, as
provided in paragraph (j) of this section.
(j) Compensation for CDQ allocations. (1) The Regional Director
will compensate persons that receive a reduced halibut QS in IPHC
regulatory areas 4B, 4C, 4D, or 4E because of the halibut CDQ program
by adding halibut QS from IPHC regulatory areas 2C, 3A, 3B, and 4A.
This compensation of halibut QS from areas 2C, 3A, 3B, and 4A will be
allocated in proportion to the amount of halibut QS foregone due to the
CDQ allocation authorized by this section.
(2) The Regional Director will compensate persons that receive a
reduced sablefish QS in any BSAI IFQ regulatory area because of the
sablefish CDQ program by taking sablefish QS from the IFQ regulatory
areas of the GOA and allocating it in proportion to the loss suffered
by persons in the BSAI area. Such additional compensation of sablefish
QS will be allocated in proportion to the amount of sablefish QS
foregone due to the CDQ allocation authorized by this section.
(3) Persons initially issued QS for IFQ regulatory areas in which a
portion of the TAC is allocated to the CDQ Program will be compensated
for halibut and sablefish harvest privileges foregone due to the CDQ
Program. If a person does not hold QS in an IFQ regulatory area on the
date the compensation is issued, that person's compensation will be
issued as unblocked. If a person does hold QS in an IFQ regulatory area
on the date compensation is issued, that person's compensation will be
added to their existing QS in that IFQ regulatory area. The resulting
QS amount will be blocked or unblocked according to the criteria found
at Sec. 679.40(a). Compensation will be calculated for each non-CDQ
area using the following formula:

QN = (QC x QSPN x RATE)/(SUMCDQ-
[RATE x SUMTAC]) ([1-RATE] x TACAVE) (QSPC x [CDQ
PCT -RATE])

Where:

QN = quota share in non-CDQ area
QC = quota share in CDQ area
QSPN = quota share pool in non-CDQ area (as existing on January
31, 1995)
RATE = SUMCDQ/average of the TAC (1988-1994) for all CDQ and
non-CDQ areas
TACAVE = average of the TAC (1988-1994) for CDQ area
QSPC = quota share pool in CDQ area (as existing on January 31,
1995)
CDQPCT = CDQ percentage for CDQ area
SUMCDQ = sum [TACAVE x CDQPCT]
SUMTAC = sum [TACAVE]

Sec. 679.42 Limitations on use of QS and IFQ.

(a) IFQ regulatory area. The QS or IFQ specified for one IFQ
regulatory area and one vessel category must not be used in a different
IFQ regulatory area or vessel category, except as provided in paragraph
(i)(2) of this section, or in Sec. 679.41(i)(1).
(b) Gear. Halibut IFQ must be used only to harvest halibut with
fishing gear authorized in Sec. 679.2. Sablefish fixed gear IFQ must
not be used to harvest sablefish with trawl gear in any IFQ regulatory
area, or with pot gear in any IFQ regulatory area of the GOA.
(c) Requirements. Any individual who harvests halibut or sablefish
with fixed gear must:
(1) Have a valid IFQ card.
(2) Be aboard the vessel at all times during fishing operations.
(3) Sign any required fish ticket or IFQ landing report for the
amount of halibut or sablefish that will be debited against the IFQ
associated with their IFQ card.
(i) Sablefish PRRs. The amount of sablefish to be reported to NMFS
for debit from an IFQ account will be the round-weight equivalent
determined by dividing the initial accurate scale weight of the
sablefish product obtained at time of landing by the standard PRRs for
sablefish in Table 3 to this part.
(ii) Halibut PRRs. The amount of halibut to be reported to NMFS for
debit from an IFQ account will be the gutted, head-off weight
determined by multiplying the initial accurate scale weight of the
halibut obtained at the time of landing by the following conversion
factors:

------------------------------------------------------------------------
Conversion
Product code Product description factor
------------------------------------------------------------------------
01.......................... Whole fish................... 0.75
04.......................... Gutted, head on.............. 0.90
05.......................... Gutted, head off............. 1.00
------------------------------------------------------------------------

(d) Emergency waiver. The requirement of paragraph (c) of this
section for an individual IFQ card holder to be aboard the vessel
during fishing operations and to sign the IFQ landing report may be
waived in the event of extreme personal emergency involving the IFQ
user during a fishing trip. The waiving of these requirements shall
apply only to IFQ halibut or IFQ sablefish retained on the fishing trip
during which such emergency occurred.
(e) Sablefish QS use. (1) No person, individually or collectively,
may use an amount of sablefish QS greater than 1 percent of the
combined total sablefish QS for the GOA and BSAI IFQ regulatory areas,
unless the amount in excess of 1 percent was received in the initial
allocation of QS.
(2) In the IFQ regulatory area east of 140 deg. W. long., no
person, individually or collectively, may use more than 1 percent of
the total amount of QS for this area, unless the amount in excess of 1
percent was received in the initial allocation of QS.
(f) Halibut QS use. Unless the amount in excess of the following
limits was received in the initial allocation of halibut QS, no person,
individually or collectively, may use more than:

[[Page 31274]]

(1) IFQ regulatory area 2C. One percent of the total amount of
halibut QS for IFQ regulatory area 2C.
(2) IFQ Regulatory areas 2C, 3A, and 3B. One-half percent of the
total amount of halibut QS for IFQ regulatory areas 2C, 3A, and 3B,
combined.
(3) IFQ Regulatory areas 4A, 4B, 4C, 4D, and 4E. One-half percent
of the total amount of halibut QS for IFQ regulatory areas 4A, 4B, 4C,
4D, and 4E, combined.
(g) Limitations on QS blocks--(1) Number of blocks per species. (i)
Except as provided in paragraph (g)(1)(ii) of this section, no person,
individually or collectively, may hold more than two blocks for each
species in any IFQ regulatory area.
(ii) If that person, individually or collectively, holds unblocked
QS for a species in an IFQ regulatory area, such person may only hold
one QS block for that species in that IFQ regulatory area.
(2) Holding or to hold blocks of QS. For purposes of this section,
``holding'' or ``to hold'' blocks of QS means being registered by NMFS
as the person who received QS by initial assignment or approved
transfer.
(h) Vessel limitations--(1) Halibut. (i) Except as provided in
paragraph (h)(1)(ii) of this section, no vessel may be used, during any
fishing year, to harvest more than one-half percent of the combined
total catch limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E.
(ii) In IFQ regulatory area 2C, no vessel may be used to harvest
more than 1 percent of the halibut catch limit for this area.
(2) Sablefish. (i) Except as provided in paragraph (h)(2)(ii) of
this section, no vessel may be used, during any fishing year, to
harvest more than 1 percent of the combined fixed gear TAC of sablefish
for the GOA and BSAI IFQ regulatory areas.
(ii) In the IFQ regulatory area east of 140 deg. W. long., no
vessel may be used to harvest more than 1 percent of the fixed gear TAC
of sablefish for this area.
(3) Excess. A person who receives an approved IFQ allocation of
halibut or sablefish in excess of these limitations may nevertheless
catch and retain all of that IFQ with a single vessel. However, two or
more persons may not catch and retain their IFQs with one vessel in
excess of these limitations.
(i) Use of catcher vessel IFQ. Except as provided in paragraph
(i)(1) of this section, in addition to the requirements of paragraph
(c) of this section, catcher vessel IFQ cards must be used only by the
individual who holds the QS from which the associated IFQ is derived.
(1) Exemption. (i) An individual who receives an initial allocation
of catcher vessel QS does not have to be aboard the vessel and sign IFQ
landing reports if that individual owns the vessel on which IFQ
sablefish or halibut are harvested, and is represented on the vessel by
a master employed by the individual who received the initial allocation
of QS.
(ii) The exemption provided in paragraph (i)(1)(i) of this section
does not apply to individuals who receive an initial allocation of
catcher vessel QS for halibut in IFQ regulatory area 2C or for
sablefish QS in the IFQ regulatory area east of 140 deg. W. long., and
this exemption is not transferrable.
(2) Freezer vessel. (i) Catcher vessel IFQ may be used on a freezer
vessel, provided that the length of the freezer vessel using the
catcher vessel IFQ is consistent with the vessel category of the
catcher vessel IFQ, as specified at Sec. 679.40(a)(5)(ii) (B) through
(D) and no frozen or otherwise processed fish products are on board at
any time during a fishing trip on which catcher vessel IFQ is being
used.
(ii) A vessel using catcher vessel IFQ may not land any IFQ species
as frozen or otherwise processed product. Processing of fish on the
same vessel that harvested those fish using catcher vessel QS is
prohibited.
(j) Use of catcher vessel IFQ by corporations and partnerships. A
corporation or partnership that receives an initial allocation of
catcher vessel QS may use the IFQ resulting from that QS and any
additional QS acquired within the limitations of this section, provided
the corporation or partnership owns the vessel on which its IFQ is
used, and it is represented on the vessel by a master employed by the
corporation or partnership that received the initial allocation of QS.
This provision is not transferrable and does not apply to catcher
vessel QS for halibut in IFQ regulatory area 2C or for sablefish in the
IFQ regulatory area east of 140 deg. W. long. that is transferred to a
corporation or partnership. Such transfers of additional QS within
these areas must be to an individual pursuant to Sec. 679.41(c) and be
used pursuant to paragraphs (c) and (i) of this section.
(1) A corporation or partnership, except for a publicly-held
corporation, that receives an initial allocation of catcher vessel QS
loses the exemption provided under paragraph (j) introductory text of
this section on the effective date of a change in the corporation or
partnership from that which existed at the time of initial allocation.
(2) For purposes of this paragraph (j), ``a change in the
corporation or partnership'' means the addition of any new
shareholder(s) or partner(s), except that a court appointed trustee to
act on behalf of a shareholder or partner who becomes incapacitated is
not a change in the corporation or partnership.
(3) The Regional Director must be notified of a change in a
corporation or partnership as defined in this paragraph (j) within 15
days of the effective date of the change. The effective date of change,
for purposes of this paragraph (j), is the date on which the new
shareholder(s) or partner(s) may realize any corporate liabilities or
benefits of the corporation or partnership.
(4) Catcher vessel QS and IFQ resulting from that QS held in the
name of a corporation or partnership that changes, as defined in this
paragraph (j), must be transferred to an individual, as prescribed in
Sec. 679.41, before it may be used at any time after the effective date
of the change.

Sec. 679.43 Determinations and appeals.

(a) General. This section describes the procedure for appealing
initial administrative determinations made under this subpart D,
portions of subpart C of this part that apply to the halibut and
sablefish CDQ program, and Sec. 679.4(c).
(b) Who may appeal. Any person whose interest is directly and
adversely affected by an initial administrative determination may file
a written appeal. For purposes of this section, such persons will be
referred to as ``applicant'' or ``appellant.''
(c) Submission of appeals. Appeals must be in writing and must be
submitted in original form to the Regional Director. Contact the
Regional Director for appeals address. Appeals transmitted by
electronic means will not be accepted.
(d) Timing of appeals. (1) If an applicant appeals an initial
administrative determination, the appeal must be filed not later than
60 days after the date the determination is issued.
(2) The time period within which an appeal may be filed begins to
run on the date the initial administrative determination is issued. If
the last day of the time period is a Saturday, Sunday, or Federal
holiday, the time period will extend to the close of business on the
next business day.
(e) Address of record. NMFS will establish as the address of record
the address used by the applicant in initial correspondence to Chief,
RAM Division, after the application period has begun. Notifications of
all actions affecting the applicant after establishing an address of
record will be mailed to that address, unless the applicant provides
NMFS, in

[[Page 31275]]

writing, with any changes to that address. NMFS bears no responsibility
if a notification is sent to the address of record and is not received
because the applicant's actual address has changed without notification
to NMFS.
(f) Statement of reasons for appeals. Applicants must timely submit
a full written statement in support of the appeal, including a concise
statement of the reasons the initial administrative determination has a
direct and adverse effect on the applicant and should be reversed or
modified. If the applicant requests a hearing on any issue presented in
the appeal, such request for hearing must be accompanied by a concise
written statement raising genuine and substantial issues of
adjudicative fact for resolution and a list of available and
specifically identified reliable evidence upon which the factual issues
can be resolved. The appellate officer will limit his/her review to the
issues stated in the appeal; all issues not set out in the appeal will
be waived.
(g) Hearings. The appellate officer will review the applicant's
appeal and request for hearing, and has discretion to proceed as
follows:
(1) Deny the appeal;
(2) Issue a decision on the merits of the appeal, if the record
contains sufficient information on which to reach final judgment; or
(3) Order that a hearing be conducted. The appellate officer may so
order only if the appeal demonstrates the following:
(i) There is a genuine and substantial issue of adjudicative fact
for resolution at a hearing. A hearing will not be ordered on issues of
policy or law.
(ii) The factual issue can be resolved by available and
specifically identified reliable evidence. A hearing will not be
ordered on the basis of mere allegations or denials or general
descriptions of positions and contentions.
(iii) The evidence described in the request for hearing, if
established at hearing, would be adequate to justify resolution of the
factual issue in the way sought by the applicant. A hearing will not be
ordered if the evidence described is insufficient to justify the
factual determination sought, even if accurate.
(iv) Resolution of the factual issue in the way sought by the
applicant is adequate to justify the action requested. A hearing will
not be ordered on factual issues that are not determinative with
respect to the action requested.
(h) Types of hearings. If the appellate officer determines that a
hearing should be held to resolve one or more genuine and substantial
issues of adjudicative fact, he/she may order:
(1) A written hearing, as provided in paragraph (m) of this
section; or
(2) An oral hearing, as provided in paragraph (n) of this section.
(i) Authority of the appellate officer. The appellate officer is
vested with general authority to conduct all hearings in an orderly
manner, including the authority to:
(1) Administer oaths.
(2) Call and question witnesses.
(3) Issue a written decision based on the record.
(j) Evidence. All evidence that is relevant, material, reliable,
and probative may be included in the record. Formal rules of evidence
do not apply to hearings conducted under this section.
(k) Appellate officers' decisions. The appellate officer will close
the record and issue a decision after determining there is sufficient
information to render a decision on the record of the proceedings and
that all procedural requirements have been met. The decision must be
based solely on the record of the proceedings. Except as provided in
paragraph (o) of this section, an appellate officer's decision takes
effect 30 days after it is issued and, upon taking effect, is the final
agency action for purposes of judicial review.
(l) Disqualification of an appellate officer. (1) The appellate
officer will withdraw from an appeal at any time he/she deems himself/
herself disqualified.
(2) The appellate officer may withdraw from an appeal on an
appellant's motion if:
(i) The motion is entered prior to the appellate officer's issuance
of a decision; and
(ii) The appellant demonstrates that the appellate officer has a
personal bias or any other basis for disqualification.
(3) If the appellate officer denies a motion to withdraw, he/she
will so rule on the record.
(m) Written hearing. (1) An appellate officer may order a written
hearing under paragraph (h)(1) of this section if he/she:
(i) Orders a hearing as provided in paragraph (g)(3) of this
section; and
(ii) Determines that the issues to be resolved at hearing can be
resolved by allowing the appellant to present written materials to
support his/her position.
(2) After ordering a written hearing, the appellate officer will:
(i) Provide the appellant with notification that a written hearing
has been ordered.
(ii) Provide the appellant with a statement of issues to be
determined at hearing.
(iii) Provide the appellant with 30 days to file a written
response. The appellant may also provide documentary evidence to
support his/her position. The period to file a written response may be
extended at the sole discretion of the appellate officer, if the
appellant shows good cause for the extension.
(3) The appellate officer may, after reviewing the appellant's
written response and documentary evidence:
(i) Order that an oral hearing be held, as provided in paragraph
(h)(2) of this section, to resolve issues that cannot be resolved
through the written hearing process;
(ii) Request supplementary evidence from the appellant before
closing the record; or
(iii) Close the record.
(4) The appellate officer will close the record and issue a
decision after determining that the information on the record is
sufficient to render a decision.
(n) Oral hearing. (1) The appellate officer may order an oral
hearing under paragraphs (h)(2) and (m)(3)(i) of this section if he/
she:
(i) Orders a hearing as provided in paragraph (g)(3) of this
section; and
(ii) Determines that the issues to be resolved at hearing can best
be resolved through the oral hearing process.
(2) After ordering an oral hearing, the appellate officer will:
(i) Provide the appellant with notification that an oral hearing
has been ordered.
(ii) Provide the appellant with a statement of issues to be
determined at hearing.
(iii) Provide the appellant with notification, at least 30 days in
advance, of the place, date, and time of the oral hearing. Oral
hearings will be held in Juneau, AK, at the prescribed date and time,
unless the appellate officer determines, based upon good cause shown,
that a different place, date, or time will better serve the interests
of justice. A continuance of the oral hearing may be ordered at the
sole discretion of the appellate officer if the appellant shows good
cause for the continuance.
(3) The appellate officer may, either at his/her own discretion or
on the motion of the appellant, order a pre-hearing conference, either
in person or telephonically, to consider:
(i) The simplification of issues.
(ii) The possibility of obtaining stipulations, admissions of
facts, and agreements to the introduction of documents.
(iii) The possibility of settlement or other means to facilitate
resolution of the case.

[[Page 31276]]

(iv) Such other matters as may aid in the disposition of the
proceedings.
(4) The appellate officer must provide the appellant with
notification of a pre-hearing conference, if one is ordered, at least
30 days in advance of the conference. All action taken at the pre-
hearing conference will be made part of the record.
(5) At the beginning of the oral hearing, the appellate officer may
first seek to obtain stipulations as to material facts and the issues
involved and may state any other issues on which he/she may wish to
have evidence presented. Issues to be resolved at the hearing will be
limited to those identified by the appellate officer as provided in
paragraph (g)(3) of this section. The appellant will then be given an
opportunity to present his/her case.
(6) During the oral hearing, the appellant has the right to present
reliable and material oral or documentary evidence and to conduct such
cross-examination as may be required in the interests of justice.
(7) After the conclusion of the oral hearing, the appellant may be
given time by the appellate officer to submit any supplementary
information that may assist in the resolution of the case.
(8) The appellate officer will close the record and issue a
decision after determining that the information on the record is
sufficient to render a decision.
(o) Review by the Regional Director. An appellate officer's
decision is subject to review by the Regional Director, as provided in
this paragraph (o).
(1) The Regional Director may affirm, reverse, modify, or remand
the appellate officer's decision before the 30-day effective date of
the decision provided in paragraph (k) of this section.
(2) The Regional Director may take any of these actions on or after
the 30-day effective date by issuing a stay of the decision before the
30-day effective date. An action taken under paragraph (o)(1) of this
section takes effect immediately.
(3) The Regional Director must provide a written explanation why an
appellate officer's decision has been reversed, modified, or remanded.
(4) The Regional Director must promptly notify the appellant(s) of
any action taken under this paragraph (o).
(5) The Regional Director's decision to affirm, reverse, or modify
an appellate officer's decision is a final agency action for purposes
of judicial review.

Sec. 679.44 Penalties.

Any person committing, or a fishing vessel used in the commission
of, a violation of the Magnuson Act or Halibut Act, or any regulation
issued under the Magnuson Act or Halibut Act, is subject to the civil
and criminal penalty provisions and civil forfeiture provisions of the
Magnuson Act or Halibut Act, to part 600 of this chapter, to 15 CFR
part 904 (Civil Procedures), and to other applicable law. Penalties
include but are not limited to permanent or temporary sanctions to QS
and associated IFQ.

Subpart E--Observer Requirements/North Pacific Fisheries Research
Plan

Sec. 679.50 Research Plan fee.

(a) Fee percentage. The fee percentage will be set annually under
procedures at Sec. 679.53, such that the total fees equal the lesser of
the following:
(1) The cost of implementing the Research Plan, including
nonpayments, minus any other Federal funds that support the Research
Plan and any existing surplus in the North Pacific Fishery Observer
Fund; or
(2) Two percent of the exvessel value of all Research Plan
fisheries.
(b) Fee assessment--(1) Fee assessments applicable from January 1,
1995, through August 31, 1995--(i) General. NMFS will calculate
bimonthly fee assessments for each processor of Research Plan fisheries
based on the best available information received by the Regional
Director since the last bimonthly billing period on the amount of fish
retained by the processor from Research Plan fisheries. Fee assessments
will not be calculated for the retained amounts of whole fish processed
into meal product.
(ii) Groundfish calculation. The bimonthly fee assessment is
calculated by NMFS for each shoreside processor or mothership retaining
groundfish, as follows:

Ag = (G1 x $exvessel x \1/2\F) + (G2 x
$exvessel x F)

Where:
(A) Ag is the bimonthly fee assessment for groundfish.
(B) G1 is the round weight or round-weight equivalent of
retained catch of each groundfish species delivered by catcher vessels
equal to and greater than 60 ft (18.3 m) LOA determined by the best
available information received by the Regional Director since the last
bimonthly billing period.
(C) G2 is the round weight or round-weight equivalent of
retained catch of each groundfish species delivered by catcher vessels
less than 60 ft (18.3 m) LOA determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(E) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(iii) Crab calculation. The bimonthly fee assessment is calculated
by NMFS for each processor retaining king or Tanner crab, as follows:

Ac = (C1 x $exvessel x \1/2\F) + (C2 x
$exvessel x F)

Where:
(A) Ac is the bimonthly fee assessment for crab.
(B) C1 is the round weight or round-weight equivalent of
retained catch of red king crab or brown king crab harvested from
ADF&G's statistical area R (Adak), defined at 5 AAC 34.700, brown king
crab harvested from ADF&G's statistical area O (Dutch Harbor), defined
at 5 AAC 34.600, Chionoecetes tanneri Tanner crab, C. angulatus Tanner
crab, and Lithodes cousei king crab determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(C) C2 is, except for those species listed under paragraph
(b)(1)(iii)(B) of this section, the round weight or round-weight
equivalent of retained catch of king or Tanner crab, determined by the
best available information received by the Regional Director since the
last bimonthly billing period.
(D) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(E) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(iv) Groundfish and halibut calculation. Except as provided in
paragraph (b)(1)(ii) of this section, the bimonthly fee assessment is
calculated by NMFS for each processor that retains groundfish or
halibut, as follows:

Ah,g = (H x $exvessel x F)

Where:
(A) Ah,g is the bimonthly fee assessment for groundfish or
halibut.
(B) H is the round weight or round-weight equivalent of retained
catch of groundfish or halibut determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(C) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(2) Fee assessments applicable from September 1, 1995, through
December 31, 1996. Processors of Research Plan

[[Page 31277]]

fisheries will not be assessed fees based on catch from Research Plan
fisheries that is retained during the period September 1, 1995, through
December 31, 1996.
(3) Fee assessments applicable after December 31, 1996. (i) The
bimonthly fee assessment is calculated by NMFS for each processor of
Research Plan fisheries, as follows:

ARP = (R x $exvessel x F)

Where:
(A) ARP is the bimonthly fee assessment for Research Plan
fisheries.
(B) R is the round weight or round-weight equivalent of retained
catch for each species from Research Plan fisheries determined by the
best available information received by the Regional Director since the
last bimonthly billing period.
(C) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(ii) Fee assessments will not be calculated for the retained
amounts of whole fish processed into meal product.
(c) Fee payments. (1) NMFS will bill each processor of Research
Plan fisheries for bimonthly fee assessments calculated under paragraph
(b) of this section. Each processor must collect and pay the bimonthly
fee assessments. Bimonthly fee assessment payments must be in the form
of certified check, draft, or money order payable in U.S. currency to
``The Department of Commerce/NOAA.''
(2) Except as provided in paragraphs (d) and (f) of this section,
payment in full must be received by the financial institution
authorized by the U.S. Treasury to receive these funds within 30
calendar days from the date of issuance of each bimonthly fee
assessment bill. Payments will be deposited in the North Pacific
Fishery Observer Fund within the U.S. Treasury.
(d) Credit for observer coverage costs incurred from January 1,
1995, through August 31, 1995--(1) General. Subject to the limitations
set out in paragraph (d)(2) of this section, each processor may
subtract from its portion of the processor's billed fee assessment the
cost of observer coverage paid by the processor to an observer
contractor(s) for the processor's compliance with observer coverage
requirements at Sec. 679.51.
(2) Limitations. (i) Only those payments to observer contractors
for observer coverage required under Sec. 679.51 that are received by
observer contractors prior to April 1, 1996, will be credited against a
processor's billed fee assessment under this paragraph (d).
(ii) The amount that may be subtracted from a catcher/processor's
billed fee assessment for retained catch of groundfish is limited to
the actual cost of observer coverage required under Sec. 679.51 up to
an amount equal to the fee assessment calculated under paragraph
(b)(1)(iv) of this section.
(iii) The amount that may be subtracted from a shoreside
processor's or mothership processor vessel's billed fee assessment for
retained catch of groundfish is limited to the actual cost of observer
coverage required under Sec. 679.51 up to an amount equal to the sum of
the fee assessment calculated under paragraph (b)(1)(ii)(B) of this
section plus one half the fee assessment calculated under paragraph
(b)(1)(ii)(C) of this section.
(iv) The amount that may be subtracted from a catcher/processor or
mothership processor vessel's billed fee assessment for retained catch
of king or Tanner crab is limited to the actual cost of observer
coverage required under Sec. 679.51 up to an amount equal to the sum of
the fee assessment calculated under paragraph (b)(1)(iii)(B) of this
section plus one half the fee assessment calculated under paragraph
(b)(1)(iii)(C) of this section.
(3) Credit applied by NMFS to bimonthly fee assessments. If a
processor's cost for observer coverage required under Sec. 679.51
during a bimonthly period exceeds the calculated fee assessment for
that period, the Regional Director will credit the processor's next
bimonthly fee assessment up to an amount equal to the remaining
observer coverage costs as reported to the Regional Director under
paragraph (e) of this section, or the bimonthly fee assessment,
whichever is less.
(e) Recordkeeping and reporting--(1) Processor requirements. (i)
All processors that subtract costs for observer coverage from their
bimonthly fee assessment under this paragraph (e) must submit to the
Regional Director a copy of each paid invoice for observer coverage and
a copy of the check, money order, or other form of payment sent to the
observer contractor in payment for observer coverage listed on the
invoice.
(ii) The information required under paragraph (e)(1)(i) of this
section must be sent at the time the processor submits the payment of
the bimonthly fee assessment to the Department of Commerce/NOAA under
paragraph (c) of this section.
(2) Observer contractor requirements. (i) Observer contractors must
submit to the Regional Director a completed Observer Coverage Payment
Receipt Form for each payment received from a processor for compliance
with observer coverage requirements at Sec. 679.51 and a copy of the
check, money order, or other form of payment. Each completed form and
the attached copy of the record of payment must be submitted to NMFS
Alaska Fisheries Science Center in Seattle, WA, within 7 days after
payment is received.
(ii) Observer coverage payment receipt form. Observer contractors
may obtain Observer Coverage Payment Receipt Forms from the Regional
Director. The form requests the following information:
(A) Observer contractor name and signature of a person serving as a
representative for the observer contractor;
(B) Identification of the processor vessel or shoreside processor
that received observer coverage;
(C) Name of the observer(s) and date(s) of deployment for observer
coverage;
(D) The name and mailing address of the person who paid for
observer coverage; and
(E) The total amount paid for observer coverage and the date
payment for observer coverage was received; and
(F) Copies of the check, money order, or other form of payment.
(f) Disputed fee assessments. (1) A processor must notify the
Regional Director, in writing, within 30 days of issuance of a
bimonthly fee assessment bill, if any portion of the bimonthly fee
assessment bill is disputed. The processor must pay the undisputed
amount of the bimonthly fee assessment bill within 30 days of its
issuance, and provide documentation supporting the disputed portion
claimed to be under- or over-billed.
(2) The Regional Director will review the bimonthly fee assessment
bill and the documentation provided by the processor, and will notify
the processor of his/her determination within 60 days of the date of
issuance of the bimonthly fee assessment bill. If the Regional Director
determines a billing error has occurred, the processor's account will
be rectified by credit or issuance of a corrected fee assessment bill.
If the Regional Director determines that a billing error has not
occurred, the outstanding payment on the bimonthly fee assessment bill
will be considered past-due from the date 30 days from the date of
issuance of the bill and late charges will be assessed under paragraph
(g) of this section.

[[Page 31278]]

(3) If the processor does not dispute the amount of the fee
assessment bill within 30 days of its issuance, the fee assessment will
be final, and will be due to the United States.
(g) Late charges. The NOAA Office of the Comptroller shall assess
late charges in the form of interest and administrative charges for
late payment of fee assessments. Interest will accrue on the unpaid
amount at a percentage rate established by the Federal Reserve Board
and applied to funds held by the U.S. Treasury for each 30-day period,
or portion thereof, that the payment is overdue. Payment received after
90 days from the due date will be charged an additional late payment
penalty charge of 6 percent of the balance due.
(h) Refund of the North Pacific Fishery Observer Fund (Observer
Fund)--(1) General. (i) All monies in the Observer Fund will be
refunded according to the refund procedure set out in paragraph (h)(2)
of this section. The sum of all amounts refunded cannot exceed the
amount available in the Observer Fund.
(ii) The monies in the Observer Fund include: Fee assessment
payments as specified in paragraph (c) of this section, assessed late
charges in the form of interest and administrative charges for late
payment of fee assessments as specified in paragraph (g) of this
section, and accrued interest. Until the time of refund, monies will
remain deposited in the Observer Fund earning interest.
(iii) Without exception, full disbursement of the Observer Fund
will occur to refund Research Plan processors. NMFS will not retain any
funds either to reimburse programs for costs incurred to implement the
Research Plan or to issue refunds.
(2) Identification of the Research Plan refund recipient.
(i) Except as indicated in paragraph (h)(2)(ii) of this section,
Research Plan fees will be refunded to the person who was billed and
made payment to NMFS. The recipient of the refund and the refund amount
will be based on Federal processor permit records and Research Plan
billing.
(ii) Exceptions. (A) If a refund recipient has died, the refund
will be issued to the recipient's estate;
(B) If a refund recipient is a corporation and has gone bankrupt,
successor-in-interest guidelines, as set forth in applicable state law,
will be followed.
(3) Calculation of the principal portion of refund. All payment
amounts as assessed under paragraphs (c) and (g) of this section, and
paid by processors, will be verified by NMFS in the Research Plan
billing records and will constitute the principal portion of the
refund.
(4) Calculation of the interest portion of refund--(i) General. (A)
The interest earned by the principal portion invested in the Observer
Fund will be distributed among paying processors based on their
proportional contribution to the Observer Fund. Contributions are based
on two factors: The processor's total payment amount and the number of
days the processor's total payment amount was on deposit.
(B) This method is necessary to ensure that the interest that is
refunded does not exceed the interest amount that was earned and is
available in the Observer Fund. Due to the administrative process used
to invest the funds, certain delays existed between the date a
processor made payment and the actual investment date. The date of
payment is not the date the deposits were invested. Therefore, using
the date of payment to calculate interest earned on an individual
processor's payments will not accurately reflect the interest that was
actually earned.
(C) NMFS has determined that the calculation specified in this
paragraph (h)(4) is a fair and equitable way to distribute the interest
earned on Observer Fund investments among the processors that made
Research Plan payments. The interest portion of the refund will be
calculated as follows.
(ii) Processor's contribution. A processor's total payment amount
multiplied by the number of days the processor's total payment amount
was on deposit equals the processor's contribution. The number of days
is based on the payment receipt date at the First National Bank of
Chicago. For example, if a processor's total payment amount was $20,000
and this amount was on deposit for 150 days, then the processor's
contribution is $20,000 x 150=$3,000,000);
(iii) Processor's percent contribution to Observer Fund. A
processor's contribution divided by the total amount of all processor
contributions multiplied by 100 equals the processor's percent
contribution to the Observer Fund. For example, if the total amount of
all processor contributions is $750,000,000 ($5,000,000 x 150 days),
then the processor's percent contribution is $3,000,000/
$750,000,000 x 100=0.4 percent.
(iv) Processor's interest portion of Research Plan refund. A
processor's percent contribution multiplied by the total amount of
interest earned by the Observer Fund equals the processor's interest
portion of the Research Plan refund. For example, if the total amount
of interest earned by the Observer Fund is $200,000, then the
processor's interest portion of the Research Plan refund is 0.4
percent x $200,000=$800.
(5) Disinvestment of the Observer Fund. The interest portion of the
refund cannot be calculated until Observer Fund investments are
withdrawn. Withdrawal of investments will occur just prior to the
earliest possible issuance of refund checks in order to avoid
unwarranted loss of interest. The actual amount of a processor's
interest portion of the refund will be evident upon receipt of the
refund check.
(6) Notification to processors of refund amounts. (i) NMFS will
notify each processor by certified mail of a preliminary determination
of the principal portion of the refund amount. The sum of the payment
amounts received for each processor equals the principal portion of the
Research Plan refund.
(ii) Final determination of a processor's principal portion is
subject to resolution of all disputes received under paragraph (h)(7)
of this section.
(iii) The notification letter to each processor will include the
following itemized reference information:
(A) Payment amount received.
(B) Payment receipt date at the First National Bank of Chicago.
(C) Check number.
(D) Research Plan bill number to which the payment was applied.
(E) The fishery category to which the payment was applied.
(7) Dispute process. A processor that disagrees with any
determination of the principal portion of the refund amount as
described in paragraph (h)(3) of this section must sign the certified
notification letter and return it to NMFS within 30 days of receipt of
the certified letter, accompanied by documentation supporting the
disputed principal portion of the refund amount.
(i) NMFS review. NMFS will review letters and documentation
received under this paragraph (h)(7).
(ii) NMFS determination. (A) If NMFS determines an error exists in
the calculation of the principal portion of refund amounts, NMFS will
correct such calculations and notify the affected processors of its
determination; or
(B) If NMFS determines no error exists in the calculation of the
principal portion of refund amounts, NMFS will notify the affected
processors of its determination.
(8) Disbursement of refund checks. Once all disputes received under
paragraph (h)(7) of this section have been resolved, NMFS will
authorize and provide necessary documentation for

[[Page 31279]]

refund checks to be disbursed by the U.S. Treasury.

Sec. 679.51 General observer requirements (applicable through December
31, 1996).

(a) Coverage requirements for operators of GOA and BSAI groundfish
vessels. Observer coverage is required as follows:
(1) Mothership. A mothership of any length that:
(i) Processes 1,000 mt or more in round weight or round-weight
equivalents of groundfish during a calendar month is required to have a
NMFS-certified observer aboard the vessel each day it receives or
processes groundfish during that month.
(ii) Processes from 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish during a calendar month is required to
have a NMFS-certified observer aboard the vessel at least 30 percent of
the days it receives or processes groundfish during that month.
(iii) Each mothership that receives pollock harvested by catcher
vessels in the CVOA, defined in Figure 2 of this part, during the
second pollock season that starts on August 15 under Sec. 679.23, is
required to have a second NMFS-certified observer aboard, in addition
to the observer required under paragraphs (a)(1) (i) and (ii) of this
section, for each day of the second pollock season until the chum
salmon savings area is closed under Sec. 679.21(e)(7)(vi), or October
15, 1996, whichever occurs first.
(2) Catcher/processor or catcher vessel. A catcher/processor or
catcher vessel:
(i) Except for a vessel fishing for groundfish with pot gear as
provided in paragraphs (a)(2) (iv) and (v) of this section, 125 ft
(38.1 m) LOA or longer must carry a NMFS-certified observer during 100
percent of its fishing days while fishing for groundfish.
(ii) Equal to or greater than 60 ft (18.3 m) LOA, but less than 125
ft (38.1 m) LOA, must carry a NMFS-certified observer during at least
30 percent of its fishing days in each calendar quarter in which the
vessel participates for more than 3 fishing days in a directed fishery
for groundfish. Each vessel that participates for more than 3 fishing
days in a directed fishery for groundfish in a calendar quarter must
carry a NMFS-certified observer during at least one fishing trip during
that calendar quarter for each of the groundfish fishery categories
defined under paragraph (b) of this section in which the vessel
participates.
(iii) Fishing with hook-and-line gear that is required to carry an
observer under paragraph (a)(2)(ii) of this section must carry a NMFS-
certified observer during at least one fishing trip in the GOA Eastern
Regulatory Area during each calendar quarter in which the vessel
participates in a directed fishery for groundfish in the Eastern
Regulatory Area.
(iv) Equal to or greater than 60 ft (18.3 m) LOA fishing with pot
gear must carry a NMFS-certified observer during at least 30 percent of
its fishing days in each calendar quarter in which the vessel
participates for more than 3 fishing days in a directed fishery for
groundfish.
(v) Each vessel that participates for more than 3 fishing days in a
directed fishery for groundfish using pot gear must carry a NMFS-
certified observer during at least one fishing trip during a calendar
quarter for each of the groundfish fishery categories defined under
paragraph (b) of this section in which the vessel participates.
(b) Groundfish fishery categories requiring separate coverage.
Directed fishing for groundfish, during any fishing trip, results:
(1) Pollock fishery. In a retained catch of pollock that is greater
than the retained catch of any other groundfish species or species
group that is specified as a separate groundfish fishery under this
paragraph (b).
(2) Pacific cod fishery. In a retained catch of Pacific cod that is
greater than the retained catch of any other groundfish species or
species group that is specified as a separate groundfish fishery under
this paragraph (b).
(3) Sablefish fishery. In a retained catch of sablefish that is
greater than the retained catch of any other groundfish species or
species group that is specified as a separate groundfish fishery under
this paragraph (b).
(4) Rockfish fishery. In a retained aggregate catch of rockfish of
the genera Sebastes and Sebastolobus that is greater than the retained
catch of any other groundfish species or species group that is
specified as a separate groundfish fishery under this paragraph (b).
(5) Flatfish fishery. In a retained aggregate catch of all flatfish
species, except halibut, that is greater than the retained catch of any
other groundfish species or species group that is specified as a
separate groundfish fishery under this paragraph (b).
(6) Other species fishery. In a retained catch of groundfish that
does not qualify as a pollock, Pacific cod, sablefish, rockfish, or
flatfish fishery as defined under paragraphs (b) (1) through (5) of
this section.
(c) Assignment of vessels to fisheries. At the end of any fishing
trip, a vessel's retained catch composition of groundfish species or
species groups for which a TAC has been specified under Sec. 679.20, in
round weight or round-weight equivalents, will determine to which of
the fishery categories listed under paragraph (b) of this section the
vessel is assigned.
(1) Catcher/processor. A catcher/processor will be assigned to a
fishery category based on retained groundfish catch composition
reported on the vessel's WPR submitted to the Regional Director under
Sec. 679.5.
(2) Catcher vessel delivery in Federal waters. A catcher vessel
that delivers to motherships in Federal waters will be assigned to a
fishery category based on the retained groundfish catch composition
reported on the WPR submitted to the Regional Director for that week by
the mothership under Sec. 679.5.
(3) Catcher vessel delivery in Alaska State waters. A catcher
vessel that delivers groundfish to a shoreside processor or to a
mothership in Alaska State waters will be assigned to a fishery
category based on the retained groundfish catch composition reported on
one or more ADF&G fish tickets as required under Alaska Statutes at
A.S. 16.05.690.
(d) Coverage requirements for managers of BSAI and GOA groundfish
shoreside processors. Observer coverage is required as follows. A
shoreside processor:
(1) That processes 1,000 mt or more in round weight or round-weight
equivalents of groundfish during a calendar month is required to have a
NMFS-certified observer present at the facility each day it receives or
processes groundfish during that month.
(2) That processes 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish is required to have a NMFS-certified
observer present at the facility at least 30 percent of the days it
receives or processes groundfish during that month.
(3) That offloads pollock at more than one location on the same
dock; has distinct and separate equipment at each location to process
those pollock; and that receives pollock harvested by catcher vessels
in the CVOA during the second pollock season that starts on August 15,
under Sec. 679.23, is required to have a NMFS-certified observer, in
addition to the observer required under paragraphs (d) (1) and (2) of
this section, at each location where pollock is offloaded, for each day
of the second pollock season until the chum salmon savings area is
closed under Sec. 679.21(e)(7)(vi), or October 15, 1996, whichever
occurs first.

[[Page 31280]]

(e) Coverage requirements for vessel operators of BSAI king and
Tanner crab. An operator of a vessel that harvests or processes king or
Tanner crab must have one or more State of Alaska-certified observers
aboard the vessel whenever king or Tanner crab are received, processed,
or on board the vessel in the BSAI if the operator is required to do so
by Alaska State regulations at 5 AAC 34.035, 34.082, 35.082, or 39.645.

Sec. 679.52 Observer coverage requirements for Research Plan fisheries
(applicable after December 31, 1996).

(a) BSAI and GOA groundfish and halibut from convention waters off
Alaska--(1) Operators of vessels. An operator of a vessel that catches
and retains groundfish or halibut, or a vessel that processes
groundfish or halibut, must carry one or more NMFS-certified observers
aboard the vessel whenever fishing operations are conducted, if the
operator is required to do so by the Regional Director under paragraph
(c) of this section.
(2) Managers of shoreside processors. A manager of a shoreside
processor that processes groundfish or halibut received from vessels
regulated under this part must have one or more NMFS-certified
observers present at the facility whenever groundfish or halibut are
received or processed, if the manager is required to do so by the
Regional Director under paragraph (c) of this section.
(b) BSAI king and Tanner crab--(1) Operators of vessels. An
operator of a vessel subject to this part must carry one or more NMFS-
certified observers or ADF&G employees aboard the vessel whenever
fishing or processing operations are conducted, if the operator is
required to do so by the Regional Director under paragraph (c) of this
section.
(2) Managers of shoreside processors. A manager of a shoreside
processor that processes king or Tanner crab received from vessels
regulated under this part must have one or more NMFS-certified
observers, or ADF&G employees, present at the facility whenever king or
Tanner crab is received or processed, if the manager is required to do
so by the Regional Director under paragraph (c) of this section.
(c) Annual determination of coverage level. The appropriate level
of observer coverage necessary to achieve the objectives of the
Research Plan, given the funds available from the North Pacific Fishery
Observer Fund, will be established annually under procedures in
Sec. 679.53.
(d) Inseason changes in coverage level. (1) The Regional Director
may increase or decrease the observer coverage requirements for the
Research Plan fisheries at any time to improve the accuracy,
reliability, and availability of observer data, and to ensure solvency
of the observer program, so long as the standards of section 313 of the
Magnuson Act and other applicable Federal regulations are met, and the
changes are based on one or more of the following:
(i) A finding that there has been, or is likely to be, a
significant change in fishing methods, times, or areas, or catch or
bycatch composition for a specific fishery or fleet component.
(ii) A finding that such modifications are necessary to improve
data availability or quality in order to meet specific fishery
management objectives.
(iii) A finding that any decrease in observer coverage resulting
from unanticipated funding shortfalls is consistent with the following
priorities:
(A) Status of stock assessments.
(B) Inseason management.
(C) Bycatch monitoring.
(D) Vessel incentive programs and regulatory compliance.
(E) A determination that any increased costs are commensurate with
the quality and usefulness of the data to be derived from any revised
program, and are necessary to meet fishery management needs.
(2) The Regional Director will consult with the Commissioner of
ADF&G prior to making inseason changes in observer coverage level for
the crab observer program.
(3) NMFS will publish changes in observer coverage requirements
made under this paragraph (d) in the Federal Register, with the reasons
for the changes and any special instructions to vessels required to
carry observers, at least 10 calendar days prior to their
implementation.
(e) Responsibilities--(1) Vessel responsibilities. An operator of a
vessel must:
(i) Accommodations and food. Provide, at no cost to observers, the
State of Alaska, or the United States, accommodations and food on the
vessel for the observer or observers that are equivalent to those
provided for officers, engineers, foremen, deck-bosses or other
management level personnel of the vessel.
(ii) Safe conditions. Maintain safe conditions on the vessel for
the protection of observers during the time observers are aboard the
vessel, by adhering to all USCG and other applicable rules,
regulations, or statutes pertaining to safe operation of the vessel.
(iii) Transmission of data. Facilitate transmission of observer
data by:
(A) Allowing observers to use the vessel's communication equipment
and personnel, on request, for the entry, transmission, and receipt of
work-related messages, at no cost to the observers, the State of
Alaska, or the United States.
(B) Ensuring that each mothership that receives pollock harvested
in the CVOA, during the pollock non-roe season that starts on August
15, is equipped with INMARSAT Standard A satellite communication
capabilities, cc:Mail remote, and the data entry software, provided by
the Regional Director, for use by the observer. The operator of each
mothership shall also make available for the observers' use the
following equipment compatible therewith and having the ability to
operate the NMFS-supplied data entry software program: A personal
computer with a 486 or better processing chip and a DOS 3.0 or better
operating system with 10 megabytes free hard disk storage and 8
megabytes RAM.
(C) Ensuring that the communication equipment that is on
motherships as specified at paragraph (e)(1)(iii)(B) of this section,
and that is used by observers to transmit data is fully functional and
operational.
(iv) Vessel position. Allow observers access to, and the use of,
the vessel's navigation equipment and personnel, on request, to
determine the vessel's position.
(v) Access. Allow observers free and unobstructed access to the
vessel's bridge, trawl or working decks, holding bins, processing
areas, freezer spaces, weight scales, cargo holds, and any other space
that may be used to hold, process, weigh, or store fish or fish
products at any time.
(vi) Prior notification. Notify observers at least 15 minutes
before fish are brought on board, or fish and fish products are
transferred from the vessel, to allow sampling the catch or observing
the transfer, unless the observers specifically request not to be
notified.
(vii) Document access. Allow observers to inspect and copy the
vessel's DFL, DCPL, product transfer forms, any other logbook or
document required by regulations, printouts or tallies of scale
weights, scale calibration records, bin sensor readouts, and production
records.
(viii) Assistance. Provide all other reasonable assistance to
enable observers to carry out their duties, including, but not limited
to:
(A) Measuring decks, codends, and holding bins.

[[Page 31281]]

(B) Providing the observers with a safe work area adjacent to the
sample collection site.
(C) Providing crab observers with the necessary equipment to
conduct sampling, such as scales, fish totes, and baskets.
(D) Collecting bycatch when requested by the observers.
(E) Collecting and carrying baskets of fish when requested by
observers.
(F) Allowing observers to determine the sex of fish when this
procedure will not decrease the value of a significant portion of the
catch.
(ix) Embarking or debarking observer. Move the vessel to such
places and at such times as may be designated by the contractor, as
instructed by the Regional Director, for purposes of embarking and
debarking observers.
(x) Transfer at sea. (A) Ensure that transfers of observers at sea
via small boat or raft are carried out during daylight hours, under
safe conditions, and with the agreement of observers involved.
(B) Notify observers at least 3 hours before observers are
transferred, such that the observers can collect personal belongings,
equipment, and scientific samples.
(C) Provide a safe pilot ladder and conduct the transfer to ensure
the safety of observers during transfers.
(D) Provide an experienced crew member to assist observers in the
small boat or raft in which any transfer is made.
(2) Shoreside processor responsibilities. A manager of a shoreside
processor must:
(i) Safe conditions. Maintain safe conditions at the shoreside
processor for the protection of observers by adhering to all applicable
rules, regulations, or statutes pertaining to safe operation and
maintenance of the processing facility.
(ii) Operations information. Notify observers, as requested, of the
planned facility operations and expected receipt of groundfish, crab,
or halibut prior to receipt of those fish.
(3) Transmission of data. Facilitate transmission of observer data
by:
(i) Allowing observers to use the shoreside processor's
communication equipment and personnel, on request, for the entry,
transmission, and receipt of work-related messages, at no cost to the
observers, the State of Alaska, or the United States;
(ii) Ensuring that each shoreside processor that is required to
have 100-percent observer coverage under Sec. 679.51 and that receives
pollock harvested in the CVOA, during the second pollock season that
starts on August 15, under Sec. 679.23, makes available to the observer
the following equipment or equipment compatible therewith: A personal
computer with a minimum of a 486 processing chip with at least a 9600-
baud modem and a telephone line. The personal computer must be equipped
with a mouse, Windows version 3.1, or a program having the ability to
operate the NMFS-supplied data entry software program, 10 megabytes
free hard disk storage, 8 megabytes RAM, and with data entry software
provided by the Regional Director for use by the observers.
(iii) Ensuring that the communication equipment that is in the
shoreside processor as specified in paragraph (e)(3)(ii) of this
section and that is used by observers to transmit data is fully
functional and operational.
(4) Access. Allow observers free and unobstructed access to the
shoreside processor's holding bins, processing areas, freezer spaces,
weight scales, warehouses, and any other space that may be used to
hold, process, weigh, or store fish or fish products at any time.
(5) Document access. Allow observers to inspect and copy the
shoreside processor's DCPL, product transfer forms, any other logbook
or document required by regulations; printouts or tallies of scale
weights; scale calibration records; bin sensor readouts; and production
records.
(6) Assistance. Provide all other reasonable assistance to enable
the observer to carry out his or her duties, including, but not limited
to:
(i) Assisting the observer in moving and weighing totes of fish.
(ii) Cooperating with product recovery tests.
(iii) Providing a secure place to store baskets of sampling gear.
(f) Notification of observer contractors by processors and
operators of vessels required to carry observers. (1) Processors and
operators of vessels required to carry observers under the Research
Plan are responsible for meeting their observer coverage requirements.
Processors and vessel operators must notify the appropriate observer
contractor, as identified by NMFS, in writing or fax, at least 60 days
prior to the need for an observer, to ensure that an observer will be
available. Processors and vessel operators must notify the appropriate
observer contractor again, in writing, fax, or by telephone, at least
10 days prior to the need for an observer, to make final arrangements
for observer deployment.
(2) If observer contractors are not notified within the time
periods set out at paragraph (f)(1) of this section, the availability
of an observer to meet observer coverage requirements will not be
guaranteed.
(3) Names of observer contractors, information for contacting
contractors, and a list of embarkment/disembarkment ports for observers
will be published in the Federal Register annually, prior to the
beginning of the calendar year, pursuant to Sec. 679.53.
(g) Release of observer data to the public--(1) Summary of weekly
data. The following information collected by observers for each catcher
processor and catcher vessel during any weekly reporting period may be
made available to the public:
(i) Vessel name and Federal permit number.
(ii) Number of chinook salmon and ``other salmon'' observed.
(iii) The ratio of total round weight of halibut or Pacific herring
to the total round weight of groundfish in sampled catch.
(iv) The ratio of number of king crab or C. bairdi Tanner crab to
the total round weight of groundfish in sampled hauls.
(v) The number of observed trawl hauls or fixed gear sets.
(vi) The number of trawl hauls that were basket sampled.
(vii) The total weight of basket samples taken from sampled trawl
hauls.
(2) Haul-specific data. (i) The information listed in paragraphs
(g)(2)(i)(A) through (M) of this section and collected by observers
from observed hauls on board vessels using trawl gear to participate in
a directed fishery for groundfish other than rockfish, Greenland
turbot, or Atka mackerel may be made available to the public:
(A) Date.
(B) Time of day gear is deployed.
(C) Latitude and longitude at beginning of haul.
(D) Bottom depth.
(E) Fishing depth of trawl.
(F) The ratio of the number of chinook salmon to the total round
weight of groundfish.
(G) The ratio of the number of other salmon to the total round
weight of groundfish.
(H) The ratio of total round weight of halibut to the total round
weight of groundfish.
(I) The ratio of total round weight of herring to the total round
weight of groundfish.
(J) The ratio of the number of king crab to the total round weight
of groundfish.
(K) The ratio of the number of C. bairdi Tanner crab to the total
round weight of groundfish.

[[Page 31282]]

(L) Sea surface temperature (where available).
(M) Sea temperature at fishing depth of trawl (where available).
(ii) The identity of the vessels from which the data in paragraph
(g)(2)(i) of this section are collected will not be released.
(3) Disclosure. In exceptional circumstances, the owners and
operators of vessels may provide to the Regional Director written
justification at the time observer data are submitted, or within a
reasonable time thereafter, that disclosure of the information listed
in paragraphs (g)(1) and (2) of this section could reasonably be
expected to cause substantial competitive harm. The determination
whether to disclose the information will be made pursuant to 15 CFR
4.7.
(h) Vessel safety requirements. Any vessel that is required to
carry observers under paragraph (a)(1) or (b)(1) of this section or
Sec. 679.51(a) or (e) must have on board one of the following:
(1) A valid Commercial Fishing Vessel Safety Decal issued within
the past 2 years that certifies compliance with regulations found in 33
CFR Chapter I and 46 CFR Chapter III.
(2) A certificate of compliance issued pursuant to 46 CFR 28.710.
(3) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
NMFS will not station observers aboard vessels that do not meet this
requirement.

Sec. 679.53 Annual Research Plan specifications.

(a) Proposed Research Plan specifications. Annually, after
consultation with the Council, and, in the case of observer coverage
levels in the crab fisheries, the State of Alaska, NMFS will publish
for public comment in the Federal Register:
(1) Standard exvessel prices. Standard exvessel prices will be used
in determining the annual fee percentage for the calendar year and will
be the basis for calculating fee assessments. Standard exvessel prices
for species harvested in Research Plan fisheries for each calendar year
will be based on:
(i) Exvessel price information by applicable season, area, gear,
and processing sector for the most recent 12-month period for which
data are available.
(ii) Factors that are expected to change exvessel prices in the
calendar year.
(iii) Any other relevant information that may affect expected
exvessel prices during the calendar year.
(2) Total exvessel value. The total exvessel value of Research Plan
fisheries will be calculated as the sum of the product of the standard
exvessel prices established under paragraph (a)(1) of this section and
projected retained catches, by species. The value of whole fish
processed into meal product will not be included in this calculation.
(3) Research Plan fee percentage. The Research Plan fee percentage
for a calendar year will equal the lesser of 2 percent of the exvessel
value of retained catch in the Research Plan fisheries or the fee
percentage calculated using the following equation:

Fee percentage=[100 x (RRPC-FB-OF)/V]/(1-NPR)

Where:
(i) RRPC is the projection of recoverable Research Plan costs for
the coming year.
(ii) FB is the projected end of the year balance of funds collected
under the Research Plan.
(iii) OF is the projection of other funding for the coming year.
(iv) V is the projected exvessel value of retained catch in the
Research Plan fisheries for the coming year.
(v) NPR is the percent (expressed as a decimal) of fee assessments
that are expected to result in nonpayment.
(4) Observer coverage. For the period January 1, 1996, through
December 31, 1996, observer coverage levels in Research Plan fisheries
will be as required by Sec. 679.51. After December 31, 1996, the level
of observer coverage will be determined annually by NMFS, after
consultation with the Council and the State of Alaska, and may vary by
fishery and vessel or processor size, depending upon the objectives to
be met for the groundfish, halibut, and king and Tanner crab fisheries.
The Regional Director may change observer coverage inseason pursuant to
Sec. 679.52(d).
(5) Embarkment/disembarkment ports. Ports to be used to embark and
disembark observers will be selected on the basis of convenience to the
affected industry and on the availability of facilities,
transportation, and accommodations deemed by the Regional Director to
be necessary for the safe and reasonable deployment of observers.
(b) Final Research Plan specifications. NMFS will consider comments
received on the proposed specifications and, following consultation
with the Council, and with the State of Alaska, in the case of observer
coverage in the crab fisheries, will publish the final total exvessel
value; standard exvessel prices; fee percentage; levels of observer
coverage for Research Plan fisheries, including names of observer
contractors and information for contacting them; and embarkment/
disembarkment ports in the Federal Register annually, prior to the
beginning of the calendar year.

Sec. 679.54 Compliance.

The operator of any fishing vessel subject to this subpart, and the
manager of any shoreside processor that receives groundfish, halibut,
or king and Tanner crab from vessels subject to this subpart, must
comply with the requirements of this subpart. The owner of any fishing
vessel subject to this subpart, or any shoreside processor that
received groundfish, halibut, or king and Tanner crab from vessels
subject to this subpart, must ensure that the operator or manager
complies with the requirements of this subpart and is liable, either
individually or jointly and severally, for compliance with the
requirements of this subpart.

Subpart F--Scallop Fishery off Alaska

Sec. 679.60 Prohibitions.

In addition to the general prohibitions specififed in Sec. 600.725
of this chapter, it is unlawful for any person to retain any scallops
in the EEZ seaward of Alaska during the period that extends through the
earlier of August 28, 1996, or other superseding management measures.

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[[Page 31283]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.000

Figure 1 to Part 679.--BSAI Statistical and Reporting Areas

a. Map

BILLING CODE 3510-22-C

[[Page 31284]]

Figure 1 to Part 679--BSAI Statistical and Reporting Areas

b. Coordinates of Reporting Areas

------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
300.................. Russian waters. Those waters inside the Russian
200 mile limit as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart INT 814 Bering
Sea (Northern Part).
400.................. Chukchi Sea. North of a diagonal line between 66
deg.00' N, 169 deg.42.5' W (Cape Dezhneva,
Russia); and 65 deg.37.5' N, 168 deg.7.5' W
(Cape Prince of Wales, Alaska) and to the limits
of the U.S. EEZ as described in the current
edition of NOAA chart INT 814 Bering Sea
(Northern Part).
508.................. South of 58 deg.00' N between the intersection of
58 deg.00' N lat with the Alaska Peninsula and
160 deg.00' W long.
509.................. South of 58 deg.00' N lat between 163 deg.00' W
long and 165 deg.00' W long.
512.................. South of 58 deg.00' N lat, north of the Alaska
Peninsula between 160 deg.00' W long and 162
deg.00' W long.
513.................. Between 58 deg.00' N lat and 56 deg.30' N lat,
and between 165 deg.00' W long and 170 deg.00' W
long.
514.................. North of 58 deg.00' N to the southern boundary of
the Chukchi Sea, area 400, and east of 170
deg.00' W long.
516.................. South of 58 deg.00' N lat, north of the Alaska
Peninsula, and between 162 deg.00' and 163
deg.00' W long.
517.................. South of 56 deg.30' N lat, between 165 deg.00' W
long and 170 deg.00' W long; and north of
straight lines between
54 deg.30' N lat, 165 deg.00' W long,
54 deg.30' N lat, 167 deg.00' W long, and
55 deg.46' N lat, 170 deg.00' W long.
518.................. Bogoslof District: South of a straight line
between 55 deg.46' N lat, 170 deg.00' W long and
54 deg.30' N lat, 167 deg.00' W long, and
between 167 deg.00' W long and 170 deg.00' W
long, and north of the Aleutian Islands and
straight lines between the islands connecting
the following coordinates in the order listed:
52 deg.49.2' N, 169 deg.40.4' W,
52 deg.49.8' N, 169 deg.06.3' W,
53 deg.23.8' N, 167 deg.50.1' W,
53 deg.18.7' N, 167 deg.51.4' W.
519.................. South of a straight line between 54 deg.30' N
lat, 167 deg.00' W long and 54 deg.30' N lat,
164 deg.54' W long; east of 167 deg.00' W long;
west of Unimak Island; and north of the Aleutian
Islands and straight lines between the islands
connecting the following coordinates in the
order listed:
53 deg.59.0' N, 166 deg.17.2' W,
54 deg.02.9' N, 166 deg.03.0' W,
54 deg.07.7' N, 165 deg.40.6' W,
54 deg.08.9' N, 165 deg.38.8' W,
54 deg.11.9' N, 165 deg.23.3' W,
54 deg.23.9' N, 164 deg.44.0' W.
521.................. The area bounded by straight lines connecting the
following coordinates in the order listed:
55 deg.46' N, 170 deg.00' W,
59 deg.25' N, 179 deg.20' W,
60 deg.00' N, 179 deg.20' W,
60 deg.00' N, 171 deg.00' W,
58 deg.00' N, 171 deg.00' W,
58 deg.00' N, 170 deg.00' W,
55 deg.46' N, 170 deg.00' W.
523.................. The area bounded by straight lines connecting the
following coordinates in the order listed:
59 deg.25' N, 179 deg.20' W;
55 deg.46' N, 170 deg.00' W;
55 deg.00' N, 170 deg.00' W;
55 deg.00' N, 180 deg.00' W;
and north to the limits of the US EEZ as
described in the current edition of NOAA chart
INT 813 Bering Sea (Southern Part).
524.................. The area west of 170 deg.00' W bounded south by
straight lines connecting the following
coordinates in the order listed:
58 deg.00' N, 170 deg.00' W
58 deg.00' N, 171 deg.00' W;
60 deg.00' N, 171 deg.00' W;
60 deg.00' N, 179 deg.20' W;
59 deg.25' N, 179 deg.20' W
and to the limits of the US EEZ as described in
the current edition of NOAA chart INT 813 Bering
Sea (Southern Part).
530.................. The area north of 55 deg.00' N lat and west of
180 deg.00' W long to the limits of the US EEZ
as described in the current edition of NOAA
chart INT 813 Bering Sea (Southern Part).
541.................. Eastern Aleutian District. The area south of 55
deg.00' N lat, west of 170 deg.00' W long, and
east of 177 deg.00' W long and bounded on the
south by the limits of the US EEZ as described
in the current editions of NOAA chart INT 813
Bering Sea (Southern Part) and NOAA chart 530
(San Diego to Aleutian Islands and Hawaiian
Islands).
542.................. Central Aleutian District. The area south of 55
deg.00' N lat, west of 177 deg.00' W long, and
east of 177 deg.00' E long and bounded on the
south by the limits of the US EEZ as described
in the current editions of NOAA chart INT 813
Bering Sea (Southern Part) and NOAA chart 530
(San Diego to Aleutian Islands and Hawaiian
Islands).
543.................. Western Aleutian District. The area south of 55
deg.00' N lat and west of 177 deg.00' E long,
and bounded on the south and west by the limits
of the US EEZ as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart 530 (San Diego to
Aleutian Islands and Hawaiian Islands).
550.................. Donut Hole. International waters of the Bering
Sea outside the limits of the EEZ and Russian
economic zone as depicted on the current edition
of NOAA chart INT 813 Bering Sea (Southern
Part).
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.

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[[Page 31285]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.001

Figure 2 to Part 679--BSAI Catcher Vessel Operational Area

[[Page 31286]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.002

Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting
Areas

a. Map

BILLING CODE 3510-22-C

[[Page 31287]]

Figure 3b to Part 679--Gulf of Alaska Statistical and Reporting
Areas

b. Coordinates of Reporting Areas

------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
610.................. Western Regulatory Area, Shumagin District. Along
the south side of the Aleutian Islands and
straight lines between the islands and the
Alaska Peninsula connecting the following
coordinates in the order listed:
52 deg. 49.2' N, 169 deg. 40.4' W;
52 deg. 49.8' N, 169 deg. 06.3' W;
53 deg. 23.8' N, 167 deg. 50.1' W;
53 deg. 18.7' N, 167 deg. 51.4' W;
53 deg. 59.0' N, 166 deg. 17.2' W;
54 deg. 02.9' N, 166 deg. 03.0' W;
54 deg. 07.7' N, 165 deg. 40.6' W;
54 deg. 0.89' N, 165 deg. 38.8' W;
54 deg. 11.9' N, 165 deg. 23.3' W;
54 deg. 23.9' N, 164 deg. 44.0' W; and
southward to the
limits of the US EEZ as described in the current
editions of NOAA chart INT 813 (Bering Sea,
Southern Part) and NOAA chart 500 (West Coast of
North America, Dixon Entrance to Unimak Pass),
between 170 deg. 00' W long and 159 deg. 00' W
long.
620.................. Central Regulatory Area, Chirikof District. Along
the south side of the Alaska Peninsula, between
159 deg. 00' W long and 154 deg. 00' W long, and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass).
630.................. Central Regulatory Area, Kodiak District. Along
the south side of continental Alaska, between
154 deg. 00' W long and 147 deg. 00' W long, and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass). Excluding area 649.
640.................. Eastern Regulatory Area, West Yakutat District.
Along the south side of continental Alaska,
between 147 deg. 00' W long and 140 deg. 00' W
long, and southward to the limits of the US EEZ,
as described in the current edition of NOAA
chart 500 (West Coast of North America, Dixon
Entrance to Unimak Pass). Excluding area 649.
649.................. Prince William Sound. Includes those waters of
the State of Alaska inside the base line as
specified in Alaska State regulations at 5 AAC
28.200.
650.................. Eastern Regulatory Area, Southeast Outside
District. East of 140 deg. 00' W long and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass). Excluding area 659.
659.................. Southeast Inside District. As specified in Alaska
State regulations at 5 AAC 28.105(a)(1) and (2).
690.................. Gulf of Alaska outside the U.S. EEZ as described
in the current editions of NOAA chart INT 813
(Bering Sea, Southern Part) and NOAA chart 500
(West Coast of North America, Dixon Entrance to
Unimak Pass).
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.

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[[Page 31288]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.003

Figure 4 to Part 679--Herring Savings Areas in the BSAI a. Map

BILLING CODE 3510-22-C

[[Page 31289]]

Figure 4 to Part 679--Herring Savings Areas in the BSAI

b. Coordinates

----------------------------------------------------------------------------------------------------------------
Name Description and effective date
----------------------------------------------------------------------------------------------------------------
Summer Herring Savings Area 1............... That part of the Bering Sea subarea that is south of 57 deg. N.
lat and between 162 deg. and 164 deg. W. long from 1200 hours,
A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing
year.
Summer Herring Savings Area 2............... That part of the Bering Sea subarea that is south of 56 deg. 30'
N. lat and between 164 deg. and 167 deg. W. long from 1200 hours,
A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing
year.
Winter Herring Savings Area................. That part of the Bering Sea subarea that is between 58 deg. and 60
deg. N. lat and between 172 deg. and 175 deg. W. long from 1200
hours, A.l.t. September 1 of the current fishing year through
1200 hours, A.l.t. March 1 of the succeeding fishing year.
----------------------------------------------------------------------------------------------------------------

BILLING CODE 3510-22-W

[[Page 31290]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.004

Figure 5a to part 679--Kodiak Island Areas Closed to Nonpelagic
Trawl Gear

a. Map

BILLING CODE 3510-22-C

[[Page 31291]]

Figure 5 to Part 679--Kodiak Island Areas Closed to Nonpelagic
Trawl Gear

b. Coordinates

------------------------------------------------------------------------
Name and description of North latitude/West
reference area longitude Reference point
------------------------------------------------------------------------
Alitak Flats and Towers Areas--All waters of Alitak flats and the Towers
Areas enclosed by a line connecting the following 7 points in the order
listed:

a........................... 56 deg.59'4'' 154 Low Cape.
31'1''
b........................... 57 deg.00'0'' 155 ....................
00'0''
c........................... 56 deg.17'0'' 155 ....................
00'0'
d........................... 56 deg.17'0'' 153 ....................
52'0''
e........................... 56 deg.33'5'' 153 Cape Sitkinak.
52'0''
f........................... 56 deg.54'5'' 153 East point of
32'5'' Twoheaded Island.
g........................... 56 deg.56'0'' 153 Kodiak Island,
35'5'' thence, along the
coastline.
a........................... 56 deg.59'4'' 154 Low Cape.
31'1''

Marmot Flats Area--All waters enclosed by a line connecting the
following five points in the clockwise order listed:

a........................... 58 deg.00'0'' 152 ....................
30'0''
b........................... 58 deg.00'0'' 151 ....................
47'0''
c........................... 57 deg.37'0'' 151 ....................
47'0''
d........................... 57 deg.37'0'' 152 Cape Chiniak, then
10'1'' along the coastline
of Kodiak Island to
North Cape.
e........................... 57 deg.54'5'' 152 ....................
30'0''
a........................... 58 deg.00'0'' 152
30'0''

Chirikof Island Area--All waters surrounding Chirikof Island enclosed by
a line connecting the following four points in the counter-clockwise
order listed:

a........................... 56 deg.07'0'' 155 ....................
13'0''
b........................... 56 deg.07'0'' 156 ....................
00'0''
c........................... 55 deg.41'0'' 156 ....................
00'0''
d........................... 55 deg.41'0'' 155 ....................
13'0''
a........................... 56 deg.07'0'' 155
13'0''

Barnabas Area--All waters enclosed by a line connecting the following
six points in the counter clockwise order listed a57 deg. 00' 0'' 153
deg. 18' 0'' Black Point

b........................... 56 deg.56'0'' 153 ....................
09'0''
c........................... 57 deg.22'0'' 152 South Tip of Ugak
18'5'' Island.
d........................... 57 deg.23'5'' 152 North Tip of Ugak
17'5'' Island.
e........................... 57 deg.25'3'' 152 Narrow Cape, thence,
20'0'' along the coastline
of Kodiak Island.
f........................... 57 deg.04'2'' 153 Cape Kasick to Black
30'0'' Point, including
inshore waters.
a........................... 57 deg.00'0'' 153
18'0''
------------------------------------------------------------------------

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[[Page 31292]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.005

Figure 6 to Part 679--Length Overall of a Vessel

[[Page 31293]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.006

Figure 7 to Part 679--Location of trawl gear test areas in the GOA
and the BSAI

BILLING CODE 3510-22-W

[[Page 31294]]

Table 1 to Part 679--Product Codes
------------------------------------------------------------------------
Fish product code Description
------------------------------------------------------------------------
1.................... Whole fish/food fish.
2.................... Whole fish/bait. Processed for bait.
3.................... Bled only. Throat, or isthmus, slit to allow
blood to drain.
4.................... Gutted only. Belly slit and viscera removed.
6.................... Head and gutted, with roe.
7.................... Headed and gutted, Western cut. Head removed just
in front of the collarbone, and viscera removed.
8.................... Headed and gutted, Eastern cut. Head removed just
behind the collarbone, and viscera removed.
10................... Headed and gutted, tail removed. Head removed
usually in front of collar bone, and viscera and
tail removed.
11................... Kirimi. Head removed either in front or behind
the collarbone, viscera removed, and tail
removed by cuts perpendicular to the spine,
resulting in a steak.
12................... Salted and split. Head removed, belly slit,
viscera removed, fillets cut from head to tail
but remaining attached near tail. Product
salted.
13................... Wings. On skates, side finds are cut off next to
body.
14................... Roe. Eggs, either loose or in sacs, or skeins.
15................... Pectoral girdle. Collar bone and associated
bones, cartilage and flesh.
16................... Heads. Heads only, regardless where severed from
body.
17................... Cheeks. Muscles on sides of head.
18................... Chins. Lower jaw (mandible), muscles, and flesh.
19................... Belly. Flesh in region of pelvic and pectoral
fins and behind head.
20................... Fillets with skin and ribs. Meat and skin with
ribs attached, from sides of body behind head
and in front of tail.
21................... Fillets with skin, no ribs. Meat and skin with
ribs removed, from sides of body behind head and
in front of tail.
22................... Fillets with ribs and no skin. Meat with ribs
with skin removed, from sides of body behind
head and in front of tail.
23................... Fillets, skinless/boneless. Meat with both skin
and ribs removed, from sides of body behind head
and in front of tail.
24................... Deep-skin fillet. Meat with skin, adjacent meat
with silver lining, and ribs removed from sides
of body behind head and in front of tail,
resulting in thin fillets.
30................... Surimi. Paste from fish flesh and additives.
31................... Minced. Ground flesh.
32................... Fish meal. Meal from fish and fish parts,
including bone meal.
33................... Fish oil. Rendered oil.
34................... Milt. (in sacs, or testes).
35................... Stomachs. Includes all internal organs.
36................... Octopus/squid mantles. Flesh after removal of
viscera and arms.
37................... Butterfly, no backbone. Head removed, belly slit,
viscera and most of backbone removed; fillets
attached.
39................... Bones (if meal, report as 32).
86................... Donated Salmon. Includes salmon retained and
donated under Salmon Donation Program.
97................... Other retained product
------------------------------------------------------------------------
DISCARD PRODUCT CODES
------------------------------------------------------------------------
92................... Discard, bait. Whole fish used as bait on board
vessel.
94................... Discard, consumption. Fish or fish products eaten
on board or taken off the vessel for personal
use.
96................... Previously discarded fish (decomposed) taken with
trawl gear in current fishing efforts.
Discarded.
98................... Discard, at sea. Whole groundfish and prohibited
species discarded by catcher vessels, Catcher/
Processors, Motherships, or Buying Stations
delivering to Motherships.
99................... Discard, dockside. Discard after delivery and
before processing; Discard, at plant. Inplant
discard of whole groundfish and prohibited
species by Shoreside Processors and Buying
Stations delivering to Shoreside Processors
before and during processing.
M99.................. Discard, off site meal reduction plant. Discarded
fish that are transferred to any off site
facility for reduction to fish meal, fish oil
and/or discard at sea.
------------------------------------------------------------------------
PRODUCT DESIGNATION
------------------------------------------------------------------------
A.................... Ancillary. Product made in addition to a primary
product from the same fish.
P.................... Primary. Product made from each fish with the
highest recovery rate.
R.................... Reprocessed. Product that results from processing
a previously reported product.
------------------------------------------------------------------------

[[Page 31295]]

Table 2 to Part 679--Species Codes
------------------------------------------------------------------------
Code Species
------------------------------------------------------------------------
110................... Pacific cod.
120................... Miscellaneous flatfish (all flatfish without
separate codes).
121................... Arrowtooth flounder and/or Kamchatka flounder.
122................... Flathead sole.
123................... Rock sole.
124................... Dover sole.
125................... Rex sole.
126................... Butter sole.
127................... Yellowfin sole.
128................... English sole.
129................... Starry flounder.
131................... Petrale sole.
132................... Sand sole.
133................... Alaska Plaice flounder.
134................... Greenland turbot.
135................... Greenstripe rockfish.
136................... Northern rockfish.
137................... Bocaccio rockfish.
138................... Copper rockfish.
141................... Pacific ocean perch (S. alutus only).
142................... Black rockfish.
143................... Thornyhead rockfish (all Sebastolobus species).
145................... Yelloweye rockfish.
146................... Canary rockfish.
147................... Quillback rockfish.
148................... Tiger rockfish.
149................... China rockfish.
150................... Rosethorn rockfish.
151................... Rougheye rockfish.
152................... Shortraker rockfish.
153................... Redbanded rockfish.
154................... Dusky rockfish.
155................... Yellowtail rockfish.
156................... Widow rockfish.
157................... Silvergray rockfish.
158................... Redstripe rockfish.
159................... Darkblotched rockfish.
160................... Sculpins.
166................... Sharpchin rockfish.
167................... Blue rockfish.
175................... Yellowmouth rockfish.
176................... Harlequin rockfish.
177................... Blackgill rockfish.
178................... Chilipepper rockfish.
179................... Pygmy rockfish.
181................... Shortbelly rockfish.
182................... Splitnose rockfish.
183................... Stripetail rockfish.
184................... Vermilion rockfish.
185................... Aurora rockfish.
193................... Atka mackerel.
270................... Pollock.
510................... Smelt.
511................... Eulachon.
516................... Capelin.
689................... Sharks.
700................... Skates.
710................... Sablefish.
870................... Octopus.
875................... Squid.
888................... Mixed species tote (for use on Product Transfer
Report only).

[[Page 31296]]

GROUP CODES. These group codes may be used if individual species cannot
be identified.
------------------------------------------------------------------------
144................... Slope rockfish (aurora, blackgill, Bocaccio,
redstripe, silvergray, chilipepper,
darkblotched, greenstriped, harlequin, pygmy,
shortbelly, splitnose, stripetail, vermillion,
yellowmouth, sharpchin).
168................... Demersal shelf rockfish (china, copper,
quillback, rosethorn, tiger, yelloweye,
canary).
169................... Pelagic shelf rockfish (blue, dusky, yellowtail,
widow).
171................... Shortraker/rougheye rockfish.
------------------------------------------------------------------------
PROHIBITED SPECIES CODES
------------------------------------------------------------------------
000................... Unspecified salmon.
200................... Pacific halibut.
235................... Pacific herring.
410................... Salmon, Chinook.
420................... Salmon, Sockeye.
430................... Salmon, Coho.
440................... Salmon, Pink.
450................... Salmon, Chum.
540................... Steelhead trout.
920................... Unspecified king crab.
921................... Red king crab.
922................... Blue king crab.
923................... Gold/brown king crab.
930................... Unspecified tanner crab.
931................... Bairdi tanner crab.
932................... Opilio tanner crab.
------------------------------------------------------------------------

[[Page 31297]]

Table 3 to Part 679--Product Recovery Rates for Groundfish Species
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRODUCT CODE
-----------------------------------------------------------------------------------------------------------
FMP SPECIES SPECIES WHOLE WHOLE H&G H&G H&G
CODE FOOD BAIT BLED GUTTED WITH WESTERN EASTERN H&G W/O KIRIMI SALTED WINGS ROE
FISH FISH ROE CUT CUT TAIL & SPLIT
1 2 3 4 6 7 8 10 11 12 13 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD........................ 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ....... 0.45 ....... 0.05
ARROWTOOTH FLOUNDER................ 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCKFISH \1\....................... ....... 1.00 1.00 0.98 0.88 ....... 0.60 0.50 ....... ....... ....... ....... .......
SCULPINS........................... 160 1.00 1.00 0.98 0.87 ....... 0.50 0.40 ....... ....... ....... ....... .......
ATKA MACKEREL...................... 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ....... ....... ....... ....... .......
POLLOCK............................ 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ....... ....... ....... 0.04
SMELTS............................. 510 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
EULACHON........................... 511 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
CAPELIN............................ 516 1.00 1.00 0.98 0.89 ....... 0.78 ....... ....... ....... ....... ....... .......
SHARKS............................. 689 1.00 1.00 0.98 0.83 ....... 0.72 ....... ....... ....... ....... ....... .......
SKATES............................. 700 1.00 1.00 0.98 0.90 ....... ....... 0.32 ....... ....... ....... 0.32 .......
SABLEFISH.......................... 710 1.00 1.00 0.98 0.89 ....... 0.68 0.63 0.50 ....... ....... ....... .......
OCTOPUS............................ 870 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
Target species categories GOA only:
DEEP WATER FLATFISH............ 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
FLATHEAD SOLE.................. 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
REX SOLE....................... 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SHALLOW WATER FLATFISH......... 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
THORNYHEAD ROCKFISH............ 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ....... ....... ....... ....... .......
Target species categories BSAI
only:
OTHER FLATFISH................. 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCK SOLE...................... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
YELLOWFIN SOLE................. 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
GREENLAND TURBOT............... 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SQUID.......................... 875 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rockfish means all species of Sebastes and Sebastolobus.

[[Page 31298]]

Table 3 to Part 679--Product Recovery Rates for Groundfish Species--Continued
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PRODUCT CODE
-----------------------------------------------------------------------------------------------------------------------
FMP SPECIES SPECIES FILLETS FILLETS FILLETS FILLETS FILLETS
CODE PECTORAL HEADS CHEEKS CHINS BELLY W/SKIN SKIN ON W/RIBS SKINLESS/ DEEP SURIMI MINCE MEAL
GIRDLE & RIBS NO RIBS NO SKIN BONELESS SKIN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
15 16 17 18 19 20 21 22 23 24 30 31 32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD.................................................... 110 0.05 ....... 0.05 ....... 0.01 0.45 0.35 0.25 0.25 ....... 0.15 0.5 0.17
ARROWTOOTH FLOUNDER............................................ 121 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCKFISH....................................................... ....... ........ 0.15 0.05 0.05 0.10 0.40 0.30 0.33 0.25 ....... ....... ....... 0.17
SCULPINS....................................................... 160 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
ATKA MACKEREL.................................................. 193 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... 0.15 ....... 0.17
POLLOCK........................................................ 270 ........ 0.15 ....... ....... ....... 0.35 0.30 0.30 0.21 0.16 \2\ 0.1
6
\3\ 0.1
7 0.22 0.17
SMELTS......................................................... 510 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
EULACHON....................................................... 511 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
CAPELIN........................................................ 516 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.22
SHARKS......................................................... 689 ........ ....... ....... ....... ....... ....... 0.30 0.30 0.25 ....... ....... ....... 0.17
SKATES......................................................... 700 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
SABLEFISH...................................................... 710 ........ ....... 0.05 ....... ....... 0.35 0.30 0.30 0.25 ....... ....... ....... 0.22
OCTOPUS........................................................ 870 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
Target species categories at GOA only:
DEEP WATER FLATFISH........................................ 118 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
FLATHEAD SOLE.............................................. 122 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
REX SOLE................................................... 125 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SHALLOW WATER FLATFISH..................................... 119 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
THORNYHEAD ROCKFISH........................................ 143 ........ 0.20 0.05 0.05 0.05 0.40 0.30 0.35 0.25 ....... ....... ....... 0.17
Target species categories at BSIA only:
OTHER FLATFISH............................................. 120 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCK SOLE.................................................. 123 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
YELLOWFIN SOLE............................................. 127 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... 0.18 ....... 0.17
GREENLAND TURBOT........................................... 134 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SQUID...................................................... 875 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ Standard pollock surimi rate during January through June.
\3\ Standard pollock surimi rate during July through December.

[[Page 31299]]

[[Page 31300]]

Table 4 to Part 679--Bering Sea Subarea Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks.................................. 55 deg.28.0' N 163 deg.12.0'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Bogoslof Island................................. 53 deg.56.0' N 168 deg.02.0'
W
Ogchul Island................................... 53 deg.00.0' N 168 deg.24.0'
W
Adugak Island................................... 52 deg.55.0' N 169 deg.10.5'
W
Walrus Island................................... 57 deg.11.0' N 169 deg.56.0'
W
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679, Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks.................................. 55 deg.28.0' N 163 deg.12.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,
along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic
coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.

Table 5 to Part 679--Aleutian Islands Subarea Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Yunaska Island.................................. 52 deg.42.0' N 170 deg.38.5'
W 52 deg.41.0' N 170 deg.34.5'
W
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
Kasatochi Island................................ 52 deg.10.0' N 175 deg.31.0'
W 52 deg.10.5' N 175 deg.29.0'
W
Adak Island..................................... 51 deg.36.5' N 176 deg.59.0'
W 51 deg.38.0' N 176 deg.59.5'
W
Gramp Rock...................................... 51 deg.29.0' N 178 deg.20.5'
W
Tag Island...................................... 51 deg.33.5' N 178 deg.34.5'
W
Ulak Island..................................... 51 deg.20.0' N 178 deg.57.0'
W 51 deg.18.5' N 178 deg.59.5'
W
Semisopochnoi................................... 51 deg.58.5' N 179 deg.45.5'
E 51 deg.57.0' N 179 deg.46.0'
E
Semisopochnoi................................... 52 deg.01.5' N 179 deg.37.5'
E 52 deg.01.5' N 179 deg.39.0'
E
Amchitka Island................................. 51 deg.22.5' N 179 deg.28.0'
E 51 deg.21.5' N 179 deg.25.0'
E
Amchitka Is./Column Rocks....................... 51 deg.32.5' N 178 deg.49.5'
E
Ayugadak Point.................................. 51 deg.45.5' N 178 deg.24.5'
E
Kiska Island.................................... 51 deg.57.5' N 177 deg.21.0'
E 51 deg.56.5' N 177 deg.20.0'
E
Kiska Island.................................... 51 deg.52.5' N 177 deg.13.0'
E 51 deg.53.5' N 177 deg.12.0'
E
Buldir Island................................... 52 deg.20.5' N 175 deg.57.0'
E 52 deg.23.5' N 175 deg.51.0'
E
Agattu Is./Gillion Pt........................... 52 deg.24.0' N 173 deg.21.5'
E
Agattu Island................................... 52 deg.23.5' N 173 deg.43.5'
W 52 deg.22.0' N 173 deg.41.0'
E
Attu Island..................................... 52 deg.54.5' N 172 deg.28.5'
W 52 deg.57.5' N 172 deg.31.5'
E
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679.20. Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
----------------------------------------------------------------------------------------------------------------
Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the
shoreline at mean lower low water, to the second set of coordinates; if only one set of geograhic coordinates
is listed, the rookery extends around the entire shoreline of the island at mean lower low water.

[[Page 31301]]

Table 6 to Part 679--Gulf of Alaska Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Outer Island.................................... 59 deg.20.5' N 150 deg.23.0'
W 59 deg.21.0' N 150 deg.24.5'
W
Sugarloaf Island................................ 58 deg.53.0' N 152 deg.02.0'
W
Marmot Island................................... 58 deg.14.5' N 151 deg.47.5'
W 58 deg.10.0' N 151 deg.51.0'
W
Chirikof Island................................. 55 deg.46.5' N 155 deg.39.5'
W 55 deg.46.5' W 155 deg.43.0'
W
Chowiet Island.................................. 56 deg.00.5' N 156 deg.41.5'
W 56 deg.00.5' N 156 deg.42.0'
W
Atkins Island................................... 55 deg.03.5' N 159 deg.18.5'
W
Chernabura Island............................... 54 deg.47.5' N 159 deg.31.0'
W 54 deg.45.5' N 159 deg.33.5'
W
Pinnacle Rock................................... 54 deg.46.0' N 161 deg.46.0'
W
Clubbing Rocks-N................................ 54 deg.43.0' N 162 deg.26.5'
W
Clubbing Rocks-S................................ 54 deg.42.0' N 162 deg.26.5'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ogchul Island................................... 53 deg.00.0' N 168 deg.24.0'
W
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679.20. Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Akun I.......................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan I........................................ 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ugamak I........................................ 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,
along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic
coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.

[[Page 31302]]

Table 7 to Part 679--Communities Determined to be Eligible to Apply for
Community Development Quotas
[Other communities may also be eligible, but do not appear on this
table.]
------------------------------------------------------------------------

-------------------------------------------------------------------------
Aleutian Region:
1. Atka
2. False Pass
3. Nelson Lagoon
4. Nikolski
5. St. George
6. St. Paul
Bering Strait:
1. Brevig Mission
2. Diomede/Inalik
3. Elim
4. Gambell
5. Golovin
6. Koyuk
7. Nome
8. Savoonga
9. Shaktoolik
10. St. Michael
11. Stebbins
12. Teller
13. Unalakleet
14. Wales
15. White Mountain
Bristol Bay:
1. Alegnagik
2. Clark's Point
3. Dillingham
4. Egegik
5. Ekuk
6. Manokotak
7. Naknek
8. Pilot Point/Ugashi
9. Port Heiden/Meschick
10. South Naknek
11. Sovonoski/King Salmon
12. Togiak
13. Twin Hills
Southwest Coastal Lowlands:
1. Alakanuk
2. Chefornak
3. Chevak
4. Eek
5. Emmonak
6. Goodnews Bay
7. Hooper Bay
8. Kipnuk
9. Kongiganak
10. Kotlik
11. Kwigilingok
12. Mekoryuk
13. Newtok
14. Nightmute
15. Platinum
16. Quinhagak
17. Scammon Bay
18. Sheldon's Point
19. Toksook Bay
20. Tununak
21. Tuntutuliak
------------------------------------------------------------------------

Table 8 to Part 679--Harvest Zone Codes for Use with Product Transfer
Reports and Vessel Activity Reports
------------------------------------------------------------------------
Harvest zone Description
------------------------------------------------------------------------
A............................. EEZ off Alaska.
D............................. Donut Hole.
F............................. Foreign Waters Other than Russia.
I............................. International Waters other than Donut
Hole and Seamounts.
R............................. Russian waters.
S............................. Seamounts in International waters.
U............................. U.S. EEZ other than Alaska.
------------------------------------------------------------------------

Table 9 to Part 679--Required Logbooks, Reports and Forms From Participants in the Federal Groundfish Fisheries
----------------------------------------------------------------------------------------------------------------
Cather- Shoreside
Name of logbook/Form Catcher-vessel processor Mothership processor Buying station
----------------------------------------------------------------------------------------------------------------
Daily Fishing Logbook (DFL)..... Yes No No No No
Daily Cumulative Production
Logbook (DCPL)................. No Yes Yes Yes No
Daily Cumulative Logbook (DCL).. No No No No Yes
Check-in/Check-out Report....... No Yes Yes Yes Yes
U.S. Vessel Activity Report
(VAR).......................... Yes Yes Yes No No
Weekly Production Report (WPR).. No Yes Yes Yes No
Daily Production Report (DPR)*.. No Yes Yes Yes No
Product Transfer Report (PTR)... No Yes Yes Yes No
----------------------------------------------------------------------------------------------------------------
* When required by Regional Director.

[[Page 31303]]

Table 10 to Part 679--Gulf of Alaska Retainable Percentages
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis species \1\ Bycatch species \1\
------------------------------------------------------------------------------------------------------------------------
Pacific Deep Rex Flathead Shallow Aggregated DSR Atka Other
Pollock Cod flatfish Sole Sole flatfish Arrowtooth Sablefish rockfish SEEO mackerel species
---------------------------------------------------------------------------------------------------------------------\2\--------\4\---------------------
Pollock........................ \3\ na 20 20 20 20 20 35 1 5 10 20 20
Pacific cod.................... 20 \3\ na 20 20 20 20 35 1 5 10 20 20
Deep flatfish.................. 20 20 \3\ na 20 20 20 35 15 15 1 20 20
Rex sole....................... 20 20 20 \3\ na 20 20 35 15 15 1 20 20
Flathead sole.................. 20 20 20 20 \3\ na 20 35 15 15 1 20 20
Shallow flatfish............... 20 20 20 20 20 \3\ na 35 1 5 10 20 20
Arrowtooth..................... 0 0 0 0 0 0 \3\ na 0 0 0 0 0
Sablefish...................... 20 20 20 20 20 20 35 \3\ na 15 1 20 20
Pacific Ocean perch............ 20 20 20 20 20 20 35 15 15 1 20 20
Shortraker/rougheye............ 20 20 20 20 20 20 35 15 15 1 20 20
Other rockfish................. 20 20 20 20 20 20 35 15 15 1 20 20
Northern rockfish.............. 20 20 20 20 20 20 35 15 15 1 20 20
Pelagic rockfish............... 20 20 20 20 20 20 35 15 15 1 20 20
DSR-SEEO....................... 20 20 20 20 20 20 35 15 15 \3\ na 20 20
Thornyhead..................... 20 20 20 20 20 20 35 15 15 1 20 20
Atka mackerel.................. 20 20 20 20 20 20 35 1 5 10 \3\ na 20
Other species.................. 20 20 20 20 20 20 35 1 5 10 20 \3\ na
Aggregated amount non-
groundfish species............ 20 20 20 20 20 20 35 1 5 10 20 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.
\2\ Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish
(DSR) is a separate category.
\3\ na = not applicable.
\4\ SEEO = Southeast Outside District.

[[Page 31304]]

Table 11 to Part 679--Bering Sea and Aleutian Islands Management Area Retainable Percentages
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bycatch species \1\
-------------------------------------------------------------------------------------------------------------------------------------
Basis species \1\ Pacific Atka Yellowfin Other Flathead Greenland Aggregated Other
Pollock cod mackerel Arrowtooth sole flatfish Rocksole sole turbot Sablefish rockfish Squid species
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------\2\----------------------
Pollock................................................... \3\ na 20 20 35 20 20 20 20 1 1 5 20 20
Pacific cod............................................... 20 \3\ na 20 35 20 20 20 20 1 1 5 20 20
Atka mackerel............................................. 20 20 \3\ na 35 20 20 20 20 1 1 5 20 20
Arrowtooth................................................ 0 0 0 \3\ na 0 0 0 0 0 0 0 0 0
Yellowfin sole............................................ 20 20 20 35 \3\ na 35 35 35 1 1 5 20 20
Other flatfish............................................ 20 20 20 35 35 \3\ na 35 35 1 1 5 20 20
Rocksole.................................................. 20 20 20 35 35 35 \3\ na 35 1 1 5 20 20
Flathead sole............................................. 20 20 20 35 35 35 35 \3\ na 35 15 15 20 20
Greenland turbot.......................................... 20 20 20 35 20 20 20 20 \3\ na 15 15 20 20
Sablefish................................................. 20 20 20 35 20 20 20 20 35 \3\ na 15 20 20
Other rockfish............................................ 20 20 20 35 20 20 20 20 35 15 15 20 20
Other red rockfish-BS..................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Pacific Ocean perch....................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Sharpchin/Northern-AI..................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Shortraker/Rougheye-AI.................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Squid..................................................... 20 20 20 35 20 20 20 20 1 1 5 \3\ na 20
Other species............................................. 20 20 20 35 20 20 20 20 1 1 5 20 \3\ na
Aggregated amount non-groundfish species.................. 20 20 20 35 20 20 20 20 1 1 5 20 20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus.
\3\ na = not applicable.

[FR Doc. 96-14593 Filed 6-18-96; 8:45 am]
BILLING CODE 3510-22-W

Visit the Official Version

Document Information

Published:: 06/19/1996
Department:: National Oceanic and Atmospheric Administration
Entry Type:: Rule
Action:: Final rule.
Document Number:: 96-14593
Dates:: July 1, 1996.
Pages:: 31228-31304 (77 pages)
Docket Numbers:: Docket No. 960531152-6152-01, I.D. 042996B
RINs:: 0648-AI18: Consolidation of Fisheries Regulations of Alaska
RIN Links:: https://www.federalregister.gov/regulations/0648-AI18/consolidation-of-fisheries-regulations-of-alaska
PDF File:: 96-14593.pdf
CFR: (57): 15 CFR 679.20(a)(2); 46 CFR 679.40(a); 46 CFR 679.51(a); 15 CFR 679.21(b); 15 CFR 679.20(c); More ...