[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Proposed Rules]
[Pages 2935-2939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-797]
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DEPARTMENT OF COMMERCE
50 CFR Part 676
[Docket No. 941266-4366; I.D. 121594B]
RIN 0648-AG45
Limited Access Management of Federal Fisheries In and Off of
Alaska; Improve IFQ Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule to amend portions of the
regulations implementing the Individual Fishing Quota (IFQ) Program for
the Pacific halibut and sablefish fixed gear fisheries in and off of
Alaska. This action is necessary because the IFQ Program needs further
refinement prior to implementation in 1995, and is intended to improve
the ability of NMFS to manage the halibut and sablefish fisheries.
DATES: Comments must be received by February 13, 1995.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, 709 W. 9th Street, Room 453,
Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori
J. Gravel. Copies of the Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (RIR/IRFA) for this action may be obtained from
the above address.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The IFQ Program is a regulatory regime designed to promote the
conservation and management of the halibut and sablefish fisheries, and
to further the objectives of the Magnuson Fishery Conservation and
Management Act and the Northern Pacific Halibut Act.
Beginning in 1995, the Pacific halibut (Hippoglossus stenolepis)
and sablefish (Anoplopoma fimbria) fixed gear fisheries in the areas
defined in 50 CFR 676.10 (b) and (c) will be managed in accordance with
the regulations codified at 50 CFR part 676. Further information on the
implementation of this management program, and the rationale supporting
it, is contained in the preamble to the final rule implementing the IFQ
program published in the Federal Register, November 9, 1993 (58 FR
59375).
This action amends various portions of the regulations implementing
the IFQ Program. Some of the changes are intended to clarify
regulations that may be ambiguous. Other changes would add provisions
intended to increase the efficacy of the IFQ program. All the changes
are designed to make the IFQ Program more responsive to the
conservation and management goals for the fishery resources.
Geographic Locations of Primary Ports
Geographic location descriptions would be added to
Sec. 676.17(a)(4) for the listed primary ports where vessel operators
can obtain vessel clearances from clearing officers. If a vessel is
required to be boarded prior to receiving clearance, the clearing
officer will direct the person operating that vessel to a convenient
docking facility within a reasonable distance of the geographic
location provided in the regulations. When the final rule implemented
the IFQ Program, a portion of the regulations was specifically reserved
for geographic location descriptions. They would provide vessel
operators with notification of the approximate locations where
boardings may occur, if these are deemed necessary by a clearing
officer.
Vessel Clearance in Alaska
Paragraph (a)(5) would be added to Sec. 676.17, requiring a vessel
operator to obtain vessel clearance from a clearing officer located at
a primary port in the State of Alaska before that vessel operator lands
IFQ species in a foreign port. This requirement would provide necessary
information to NMFS Enforcement, so that it may thwart the landing of
unreported IFQ species in foreign ports. This requirement is especially
necessary for the designated Canadian ports, which are located between
the primary ports of Ketchikan, AK, and Bellingham, WA. If vessel
operators planning to land at the designated Canadian ports were
permitted to clear in Bellingham, they would be able to land unreported
fish in any Canadian port prior to clearing their vessel in Bellingham.
This potential for nonreporting of IFQ product would be corrected by
requiring vessel clearance in an Alaskan primary port prior to landing
IFQ species in a foreign port.
Canadian Ports
Paragraph (a)(6) would be added to Sec. 676.17, describing Port
Hardy, Prince Rupert, and Vancouver, British Columbia, as the only
Canadian ports where IFQ species may be landed. Designating these three
ports would assist NMFS Enforcement in its task of ensuring that all
IFQ species landed are properly recorded. Two issues, the multiplicity
of ports on the coast of Canada that will not have enforcement
presence, and the similarity between the Canadian Individual Vessel
Quota (IVQ) Program and the U.S. IFQ Program, were determining factors
in limiting the Canadian landing ports where IFQ species could be
landed to three. Also, the three-port limit would be similar to the
provisions of the agreement between the United States and Canada
pertaining to the IVQ Program, under which IVQ product may be landed
only at the following U.S. ports: Ketchikan, AK; Bellingham and Blaine,
WA.
Definition of Clearing Officer
A definition of ``clearing officer'' would be added to Sec. 676.11
to mean a NMFS special agent, a NMFS fishery enforcement officer, or a
NMFS enforcement aide who is authorized to provide vessel clearances
and perform other duties as described in part 676. A clearing officer
should not be confused with an authorized officer, as defined in
Sec. 620.2 of this title. Changes would be made throughout part 676
consistent with the new definition of a clearing officer. Creating a
definition, and using it throughout the regulations, would assist in
uniform interpretation of the regulations and consistent behavior based
on that interpretation. Also, the proposed term would help prevent
confusion with other terms already defined (e.g., authorized officer).
Landing Requirements
Paragraph (a)(7) would be added to Sec. 676.17, requiring a vessel
operator having any IFQ species onboard to land and weigh all species
onboard at the same time and place as the first landing of any species
onboard. For example, if a vessel had Pacific halibut (IFQ species),
sablefish (IFQ species), and Pacific cod (non-IFQ species) onboard, and
the operator wanted to offload the Pacific cod to a tender, the
operator also would be required to offload and weigh the Pacific
halibut and sablefish. This provision would ensure that all IFQ
[[Page 2936]] species are reported, including IFQ species that might
not be intended for sale. Requiring all species to be landed at the
same time and place would assist NMFS Enforcement in this task.
Authorization To Board Vessels and Verify Landings
Section 676.14(b)(2) would be revised to allow persons authorized
by the International Pacific Halibut Commission (IPHC) to sample all
IFQ halibut landings for biological information. Also, this revision
would authorize clearing officers, authorized officers, and observers
to verify, inspect, and sample all landings made with IFQ landings and
to board vessels making IFQ landings. This authorization would assist
NMFS Enforcement in ensuring that all IFQ species are reported and
would aid persons authorized by the IPHC to accomplish their task of
obtaining age, length, and other biological information for Pacific
halibut, one of the IFQ species, by sampling commercial catch.
Definitions of Catcher Vessel, Freezer Vessel, and Trip
Definitions in Sec. 676.11 of catcher vessel, freezer vessel, and
trip would be changed to clarify that the definition of freezer vessel
would be based on the capacity to freeze or process, similar to the
definition of processor vessel in the groundfish regulations at 50 CFR
672.2 and 675.2, and not based on whether freezing or processing occurs
during any given trip. These definition changes would also eliminate
the potential for vessel operators to begin new trips by crossing
regulatory area boundaries. Eliminating this potential would require
vessel operators to land any frozen product onboard, and thereby
terminate the trip, prior to using catcher vessel IFQ on a freezer
vessel. This requirement would assist in ensuring that all IFQ product
is properly recorded as having been harvested with freezer vessel IFQ
or catcher vessel IFQ.
Use of Catcher Vessel IFQ on Freezer Vessels
A provision would be added to Sec. 676.22(i)(3) to clarify that
vessel category lengths for vessels using catcher vessel IFQ specified
at Sec. 676.20(a)(2) also apply to freezer vessels using catcher vessel
IFQ. This provision would state specifically what the Council intended,
but what might not have been apparent, because freezer vessels were not
categorized by length in the regulations. For example, a person may
only use catcher vessel IFQ Category C onboard a freezer vessel if that
freezer vessel's length overall (LOA) is consistent with LOA categories
in Sec. 676.20(a)(2)(iii) and the frozen product requirements in
Sec. 676.22(i)(3). Clarifying the regulations governing the use of
catcher vessel IFQ on freezer vessels is important, because the
definitions of freezer vessel and catcher vessel would no longer depend
on how a vessel is used on a particular trip.
Underages and Overages of an IFQ Account
Paragraph (c) would be added to Sec. 676.17 to allow the addition
of IFQ underages to a person's IFQ account for the following fishing
year. Underages of up to 10 percent of a person's annual IFQ account
for the current fishing year would be added to that person's annual IFQ
account for the following fishing year. Any amount of the underage
exceeding 10 percent would expire at the end of the current fishing
year. This underage provision would be added to the IFQ Program to
encourage persons not to harvest IFQ species when they are very close
to their annual IFQ account limit. Allowing unused IFQ to be placed in
the following year's account is intended to provide adequate incentive
to encourage this behavior.
Also, revisions to Sec. 676.17(b) would change overage accounting.
Subtracting overages from a person's IFQ account for the following
fishing year would remain as currently provided for in Sec. 676.17(b).
Added to Sec. 676.17 would be paragraph (b)(1), which would include the
following two-step test for forfeiture. First, does a portion of the
IFQ species landed exceed the number of pounds remaining in the
person's annual IFQ account? If yes, then does the portion of the IFQ
species landed that exceeds the annual IFQ account also exceed 10
percent of the total number of pounds that was remaining in the
person's annual IFQ account prior to the landing? If the answer is
again yes, the portion of the IFQ species landed that exceeded the
pounds in a person's annual IFQ account would be forfeited. A new
paragraph (a)(2) would allow an exception to the forfeiture provision
if the IFQ species landed that exceeded the amount of pounds remaining
in a person's annual IFQ account was less than 400 lb (181.4 kg). The
IFQ Implementation Workgroup, made up of members of the fishing
industry selected by the Council, suggested using the 10 percent
threshold for the underage carryover limit and overage forfeitures,
because that was the percentage used by the Canadian IVQ fishery. Also,
the 400-lb (181.4 kg) exception was included to prevent requiring
forfeiture when only one fish was caught. For example, a person whose
account has 150 lb (68 kg), and who catches a 200 lb (90.7 kg) halibut,
would trigger the forfeiture rule (200 lb (90.7 kg)--150 lb (68 kg)=50
lb (22.7 kg); 50 lb (22.7 kg) is greater than 10 percent of 150 lb (68
kg)). A 400 lb (181.4 kg) exception was determined to be sufficient to
accommodate situations in which large halibut may be harvested.
Hail Weights for Vessel Clearance
In Sec. 676.17(a), the requirement that a vessel operator obtaining
prelanding written clearance provide an estimated weight of IFQ species
onboard would be changed to the requirement that the vessel operator
provide the weight of IFQ species onboard. This requirement would apply
when a vessel operator is obtaining vessel clearance in a port in
Alaska prior to departing waters in, or adjacent to, the State of
Alaska and when a vessel operator is reporting to the Alaska Region,
NMFS, prior to obtaining vessel clearance at a port in Washington or
another state. Providing the weight of the IFQ species onboard would
assist NMFS Enforcement in ensuring that all IFQ species are reported.
Without this requirement, a vessel operator would be able to land
unreported IFQ species in Canadian ports prior to making reported
landings elsewhere and there would be insufficient information to
monitor this occurrence.
Prior Notice of IFQ Landing
A provision would be added to Sec. 676.14(a), requiring a vessel
operator to provide the Alaska Region, NMFS, with vessel
identification, the estimated weight of IFQ species to be landed, and
the IFQ cards that will be used to make the landing. This information,
together with the name and location of the registered buyer and the
anticipated date and time of landing, must be reported no later than 6
hours before landing IFQ species. Reporting the above information would
provide NMFS Enforcement with the means necessary to select the most
appropriate vessels and ports to monitor.
Product Recovery Rates and Conversion Factors for IFQ Species
Paragraph (c)(3)(i) would be added to Sec. 676.22, referencing the
appropriate product recovery rates (PRR) for sablefish in Table 1 to
Sec. 672.20. Also, paragraph (ii) would be added to Sec. 676.22(c)(3),
providing the appropriate conversion factors for Pacific halibut.
Reference to the PRR for sablefish and the conversion factors for
halibut would be included in the IFQ regulations to provide information
on how deductions would be made to a person's annual IFQ
[[Page 2937]] account. For sablefish, the debited amount would be the
round-weight equivalent. For halibut, the debited amount would be the
gutted, head-off weight. Round-weight equivalents and gutted, head-off
weights were used to determine quota share (QS) amounts for sablefish
and halibut, respectively. They also were the weights used to determine
annual total allowable catches for those species.
Registered Buyer Permit
Section 676.13(a)(2) would be revised to eliminate the requirement
that persons who harvest IFQ species and transfer those IFQ species
outside of an IFQ regulatory area must hold a registered buyer permit.
In Sec. 676.13(a)(2), the current paragraph (ii) would be removed and
paragraph (iii) would be redesignated as paragraph (ii). Section
676.13(a)(2) also would be revised to reflect this change. The current
paragraph (ii) would be eliminated to avoid the implication that a
registered buyer permit would be needed to harvest and land IFQ species
at a shore-based processor located in the State of Alaska, but not
located in an IFQ regulatory area.
Also, as a technical change, the last word in the first sentence of
Sec. 676.24(j)(4) would be changed from ``section'' to ``part.''
Frameworking for Start of Sablefish Fishery
Section 676.23(b) would be revised to allow the Director, Alaska
Region, NMFS (Regional Director), to establish the start of the IFQ
sablefish directed fishery. Currently, paragraph (b) has a fixed date
for starting the sablefish directed fishery. Under the framework
provision, the Regional Director would take into account the opening
date of the Pacific halibut season when determining the opening date
for the sablefish directed fishing season. Allowing flexibility in
starting the sablefish directed fishery would permit its coordination
with the start of the halibut fishery, which is determined by the IPHC.
Starting the sablefish and halibut seasons concurrently would benefit
persons who harvest IFQ species, as well as the fishery resources.
Persons who harvest IFQ species would benefit economically, because
they would be able to retain both species, rather than having to
discard one species because its season was closed. Also, the fisheries
under the IFQ Program would benefit because regulatory discards, and
resulting mortality caused by those discards, would be reduced.
Classification
An IRFA was prepared for this rule that described and estimated the
total number of small entities affected, and analyzed the economic
impact on those small entities of the vessel clearance, Canadian port
changes, and offloading requirements. It is estimated that more than 20
percent of the 7,200 vessel/owners involved in the IFQ Program will be
affected by these changes, which would increase compliance costs. Based
on these analyses, it was determined that this action would, if
adopted, have a significant economic impact on a substantial number of
small entities. Copies of the IRFA can be obtained from NMFS (see
ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 676
Fisheries, Reporting and recordkeeping requirements.
Dated: January 6, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 676 is
proposed to be amended as follows:
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
OF ALASKA
1. The authority citation for 50 CFR part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
2. Section 676.11 is amended by revising the definitions of
``Catcher vessel'', ``Freezer vessel'', and ``Trip''; and by adding the
definition of ``Clearing officer'' to read as follows:
Sec. 676.11 Definitions.
* * * * *
Catcher vessel, as used in this part, means any vessel that is used
to catch, take, or harvest fish that are subsequently iced, headed,
gutted, bled, or otherwise retained as fresh, unfrozen, fish onboard.
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. 676.17(a)(4).
* * * * *
Freezer vessel means any vessel that can be used to process some or
all of its catch.
* * * * *
Trip, as used in this part, means the period beginning when a
vessel operator commences harvesting IFQ species and ending when the
vessel operator lands any species.
3. Section 676.13 is amended by revising the first sentence of
(a)(2) introductory text, paragraphs (f)(1), and (f)(2); by removing
paragraph (a)(2)(ii), and by redesignating paragraph (a)(2)(iii) as
paragraph (a)(2)(ii); and amending paragraph (a)(2)(i) by adding the
word ``or'' to the end of the phrase to read as follows:
Sec. 676.13 Permits.
(a) * * *
(2) Any person who receives IFQ halibut or IFQ sablefish from
person(s) that harvested the fish must possess a registered buyer
permit, except under conditions of paragraph (a)(2)(i) and (ii) of this
section. * * *
* * * * *
(f) * * * (1) A legible copy of any IFQ permit issued under this
section must be carried onboard the vessel used by the permitted person
to harvest IFQ halibut or IFQ sablefish at all times that such fish are
retained onboard. Except as specified in Sec. 676.22(d), an individual
who is issued an IFQ card must remain onboard 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.
(2) 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.
* * * * *
4. Section 676.14 is amended by revising paragraphs (a), (b)(1),
(b)(2), (e), and (f) to read as follows:
Sec. 676.14 Recordkeeping and reporting.
* * * * *
(a) Prior notice of IFQ landings. The operator of any vessel that
makes an IFQ landing must notify the Alaska Region, NMFS, no later 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. Such notification of IFQ landings must be made to
the toll-free telephone number specified on the IFQ permit between the
hours of 0600 and 2400 Alaska local time. The notification must include
the name and location of the registered buyer(s) to whom the IFQ
halibut or IFQ sablefish will be landed, the estimated weight of the
IFQ halibut or IFQ sablefish that will be landed and the
[[Page 2938]] identification number(s) of the IFQ card(s) that will be
used to land the IFQ halibut or IFQ sablefish and the anticipated date
and time of the landing.
(b) * * *
(1) IFQ landings may be made only between the hours of 0600 and
1800 Alaska local time 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 was started during the period.
(2) All vessels making IFQ landings, and the landings made by those
vessels, are subject to verification, inspection, and sampling by
authorized officers, clearing officers, and observers. Also, all IFQ
halibut landings are subject to sampling for biological information by
persons authorized by the IPHC.
* * * * *
(e) Transshipment. No person may transship processed IFQ halibut or
processed IFQ sablefish between vessels without providing at least 24
hours advance notification to a clearing officer that such
transshipment will occur. No person may transship processed IFQ halibut
or IFQ sablefish between vessels at any location not authorized by a
clearing officer.
(f) A copy of all reports and receipts required by this section
must be retained by registered buyers and be available for inspection
by an authorized officer or a clearing officer for a period of 3 years.
5. Section 676.17 is amended by revising paragraphs (a)
introductory text, (a)(4), and (b), and by adding paragraphs (a) (5)
through (7) and (c) to read as follows:
Sec. 676.17 Facilitation of enforcement and monitoring.
* * * * *
(a) Vessel Clearance. Any 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 on which the IFQ
halibut or IFQ sablefish are transported to the IFQ landing location,
and provide the weight of IFQ halibut or IFQ sablefish onboard to the
clearing officer. For vessels obtaining clearance at a port in the
State of Alaska, clearance must be obtained prior to departing waters
in or adjacent to the State of Alaska. For vessels obtaining clearance
at a port in the State of Washington or another state, the weight of
the IFQ halibut or IFQ sablefish onboard and the intended date and time
the vessel will obtain clearance at the port in the State of Washington
or another state must be reported to NMFS, Alaska Region. Such reports
must be submitted prior to departing waters in, or adjacent to, the
State of Alaska, and in accordance with the terms of the registered
buyer permit.
* * * * *
(4) 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.2630''
Sitka....................... 57 deg.03' 135 deg.20'
Yakutat..................... 59 deg.33' 139 deg.44'
------------------------------------------------------------------------
(5) 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.
(6) No person shall land IFQ species in Canada at a port other than
ports of Port Hardy, Prince Rupert, or Vancouver, British Columbia.
(7) A vessel operator must land and report all IFQ species onboard
at the same time and place as the first landing of any species
harvested during a fishing trip.
(b) Overages. Any person who harvests IFQ halibut or IFQ sablefish
must hold sufficient unused IFQ for the harvest before beginning a
fishing trip and must not harvest halibut or sablefish using fixed gear
in any amount greater than the amount indicated under that person's
current IFQ permit. Any IFQ halibut or IFQ sablefish harvested or
landed in excess of a specified IFQ will be considered an ``IFQ
overage.'' The Regional Director will deduct an amount equal to the
overage from the IFQ allocated in the year following the determination
of the overage. An overage deduction will be specific to each IFQ
regulatory area 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 overage. Furthermore, penalties may be assessed
pursuant to 15 CFR part 904 for exceeding an annual IFQ account.
(1) In addition to penalties that may be assessed for exceeding an
annual IFQ account, the portion of the IFQ species landed that exceeds
10 percent of the total amount of pounds remaining in a person's annual
IFQ account prior to a landing will be subject to forfeiture.
(2) An exception is granted to the forfeiture provision in
paragraph (b)(1) of this section, if the portion of the landed IFQ
species that exceeds the annual IFQ account is less than 400 lb (181.4
kg).
(c) 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 adjustment to the annual IFQ allocation will be specific
to each IFQ regulatory area 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.
6. Section 676.22 is amended by adding paragraphs (c)(3)(i) and
(c)(3)(ii), [[Page 2939]] and by revising paragraph (i)(3) to read as
follows:
Sec. 676.22 Limitations on the use of QS and IFQ.
* * * * *
(c) * * *
(3) * * *
(i) 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 product recovery rates for
sablefish in Table 1 to Sec. 672.20 of this chapter.
(ii) 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:
------------------------------------------------------------------------
Product Conversion
code Product description factor
------------------------------------------------------------------------
01........ Whole fish...................................... 0.75
04........ Gutted, head on................................. 0.90
05........ Gutted, head off................................ 1.00
------------------------------------------------------------------------
* * * * *
(i) * * *
(3) 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. 676.20(a)(2)(ii) through (iv), and no frozen or
otherwise processed fish products are onboard at any time during a
fishing trip on which catcher vessel IFQ is being used. 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 IFQ is prohibited.
* * * * *
7. Section 676.23 is amended by revising paragraph (b) to read as
follows:
Sec. 676.23 IFQ fishing season.
* * * * *
(b) 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 through notification published in
the Federal Register. The Regional Director will take into account the
opening date of the Pacific halibut season when determining the opening
date for sablefish for the purposes of reducing bycatch and regulatory
discards between the two fisheries. Catches of sablefish by fixed gear
during other periods may be retained up to the directed fishing
standards specified at Secs. 672.20(g) and 675.20(h) of this chapter if
an individual is onboard when the catch is made who has a valid IFQ
card and unused IFQ in the account on which the card was issued.
Catches of sablefish in excess of the directed fishing standards and
catches made without IFQ must be treated in the same manner as
prohibited species.
8. Section 676.24 is amended by revising paragraph (j)(4) to read
as follows:
Sec. 676.24 Western Alaska Community Development Quota Program.
* * * * *
(j) * * *
(4) No person may alter, erase, or mutilate a 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.
* * * * *
[FR Doc. 95-797 Filed 1-11-95; 8:45 am]
BILLING CODE 3510-22-W
