[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27519-27523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13120]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 970403076-7114-02; I.D. 030397B]
RIN 0648-AI80
Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Whiting Allocation Among Nontribal
Sectors
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements: Allocation of the commercial harvest
guideline of Pacific whiting (whiting) among nontribal sectors of the
Pacific groundfish fishery; a framework procedure for annually choosing
the starting dates of the primary whiting seasons for the nontribal
sectors; and allowing the processing of fish waste at sea when at-sea
processing of whiting is otherwise prohibited. This rule also
implements starting dates for the 1997 primary seasons under the
framework. These actions are intended to provide equitable allocation
of the whiting resource and to provide flexibility in harvesting and
processing opportunities.
DATES: Effective May 14, 1997.
ADDRESSES: Comments on the information collection requirements imposed
by this rule should be sent to William Stelle, Jr., Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115, and
to the Office of Information and Regulatory Affairs of the Office of
Management and Budget, Washington DC, 20503.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140.
SUPPLEMENTARY INFORMATION: NMFS is issuing this rule to allocate
whiting, establish a framework for setting season dates, and to provide
for at-sea processing of whiting waste under the authority of the
Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). These actions were recommended by the Pacific Fishery
Management Council (Council) at its October 1996 meeting in San
Francisco, CA and at meetings of its ad hoc whiting allocation
subcommittee that were held in 1996. At the same time, NMFS is
announcing the starting dates for the primary whiting seasons in 1997
and addressing several housekeeping measures. These actions were
proposed in the Federal Register at 62 FR 18572, April 16, 1996. No
comments were received during the 20-day public comment period which
ended April 30, 1997. This final rule is substantively the same as
proposed; the minor changes are explained in this preamble.
The background for these actions appears in the proposed rule and
in the environmental assessment/regulatory impact review prepared by
the Council for this action. The actions taken are summarized below.
Background
Whiting allocation
The most recent allocation of whiting among nontribal sectors in
the whiting
[[Page 27520]]
fishery was in effect from 1994-96. Its expiration left no allocation
in place for 1997 and beyond. The 1994-96 allocation was based on an
industry agreement to provide 40 percent of the whiting harvest
guideline to catcher vessels delivering to shore-based processors, plus
any additional whiting taken while all sectors competed for the first
60 percent.
The allocations for 1997 and beyond also were derived by industry
agreement in a series of public meetings sponsored by the Council. The
allocations, which are within a few percent of the proportions actually
harvested in 1994-96, are: 42 percent for the shoreside sector (catcher
vessels delivering to shoreside processors), 24 percent for the
mothership sector (motherships and catcher vessels delivering to
motherships), and 34 percent for the catcher/processor sector (catcher/
processor vessels). When applied to the 1997 commercial harvest
guideline of 207,000 metric tons (mt), these percentages result in
whiting allocations of 86,900 mt for the shoreside sector, 49,700 mt
for the mothership sector, and 70,400 mt for the catcher/processor
sector. Surplus whiting from one sector may be reallocated (via notice
in the Federal Register) to the other sectors, in proportion to their
initial allocations, near September 15. As in 1994-96, only the
framework process for calculating the allocations is codified. The
allocations will be calculated and announced annually, generally with
the annual cycle for announcing specifications and management measures
for the groundfish fishery in January each year. Because the shoreside
fishery in California (which is south of 42 deg. N. lat.) may start
earlier than in Washington and Oregon, a 5-percent cap (4,345 mt in
1997) is placed on the amount of the shoreside allocation that may be
taken south of 42 deg. N. lat. before the start of the shoreside
primary season north of 42 deg. N. lat. This cap will discourage effort
shifts into California early in the year and is not expected or
intended to constrain traditional operations. If the 5-percent cap is
reached, the routine trip limit under Sec. 660.323(b) is resumed until
the northern season begins, at which time the southern primary season
also would resume.
Additional constraints were agreed to by the industry to assure
that each sector has the opportunity to take its allocation and is not
preempted by the high-capacity catcher/processors participating in more
than one sector in a given year.
1. Within the same calendar year, a catcher/processor may not also
act as a catcher vessel that delivers shoreside or to another at-sea
processor.
2. A catcher/processor may operate solely as a mothership for that
calendar year, but only if this has been requested and so designated on
renewal of its limited entry permit for the Pacific coast groundfish
fishery (Office of Management and Budget (OMB) #0648-0203). NMFS has
made a slight change to the final rule at Sec. 660.323 regarding
recision of a declaration to act as a mothership for the entire
calendar year. The modification clarifies that any recision of that
declaration can only be made before the vessel has harvested or
received any unprocessed whiting during that calendar year.
3. A catcher/processor (that has not declared itself as a
mothership for the year) may receive codends over-the-side from a
catcher vessel, but any such catch would be counted toward the catcher/
processor allocation and would end when the catcher/processor
allocation is taken. Catcher vessels that do not process may deliver to
any or all of the processing sectors as long as the season for that
sector is open.
The Council intends this allocation to remain in effect for at
least 5 years, at which time it will be reevaluated.
Seasons
A framework is established for annually setting separate starting
dates for each sector's primary season, and the starting dates for 1997
also are announced. The primary seasons for the whiting fishery are:
For the shore-based sector, the period(s) when the large-scale target
fishery is conducted (when trip limits under Sec. 660.323(b) are not in
effect); for catcher/processors, the period(s) when at-sea processing
is allowed and the fishery is open for the catcher/processor sector;
and for vessels delivering to motherships, the period(s) when at-sea
processing is allowed and the fishery is open for the mothership
sector. The framework provides for setting separate starting dates for
each sector to accommodate operational needs. However, other factors
also must be considered during the Council's two-meeting process, which
generally would coincide with the setting of the annual management
measures in the fall.
These factors are: The size of the harvest guidelines for whiting
and bycatch species; status of whiting and bycatch stocks; age/size
structure of the whiting population; expected harvest of bycatch and
prohibited species; availability and stock status of prohibited
species; expected participation by catchers and processors;
environmental conditions; timing of alternate or competing fisheries;
industry agreement; fishing or processing rates; and other relevant
information.
The starting dates also are constrained by the incidental take
statement dated May 14, 1996, issued pursuant to section 7 (b)(4) of
the Endangered Species Act (ESA) to protect threatened or endangered
species of salmon. The incidental take statement requires that the
fishery north of 42 deg. N. lat. not begin before May 15. This
constraint remains in effect unless changed in a subsequent incidental
take statement.
In 1997, the starting dates are May 15 for the catcher/processor
and mothership sectors and June 15 for the shore-based sector north of
42 deg. N. lat. The shore-based fleet operating in California between
42 deg. and 40 deg. 30' N. lat. began fishing in April 1997, but will
be able to use the framework to set the starting date for 1998. The
season south of 40 deg. 30' N. lat. remains unchanged at April 15 as
stated at Sec. 660.323(a)(3)(i), and is not subject to the framework
provisions for changing the starting date primarily due to concerns
over potential salmon bycatch and harvest of juvenile whiting. However,
the whiting fishery in California is subject to the 5-percent cap in
1997, as discussed above.
A slight change was made to Sec. 660.323(a)(3)(i) to clarify that
the routine trip limit before and after the primary season potentially
could apply to all sectors, as currently is the case, not just the
shore-based sector as stated in the proposed rule. The trip limits
before and after the primary season currently are designated routine to
accommodate small bait and fresh fish markets and bycatch in non-
whiting fisheries.
NMFS Action--Starting Dates for the 1997 Primary Whiting Seasons: The
primary season for each sector begins at 0001 hours (local time) on the
following dates: (1) Catcher/processor sector--May 15, 1997; (2)
mothership sector--May 15, 1997; (3) shore-based sector north of
42 deg. N. lat.--June 15, 1997.
Processing Waste Products At Sea
This rule also allows processing fish waste at sea by a ``waste
processing vessel,'' even at times when at-sea processing of whiting by
catcher/processors or motherships is prohibited. To be considered a
``waste-processing vessel,'' the vessel must make only meal, oil, or
minced product and cannot make or have on board surimi, fillet, or
headed and gutted fish. The following restrictions assure that no
fishing or receipt of whole fish is occurring while at-sea processing
of whiting is prohibited:
[[Page 27521]]
(1) The vessel must be incapable of fishing for whiting; i.e.,
trawl nets and doors must be stowed and made inoperable; (2) receipt of
codends containing any species of fish would be prohibited; (3) the
amount of whole whiting on board must be less than any trip limit for
whiting authorized under 50 CFR 660.323(b); and (4) the vessel could
not operate as a waste-processing vessel within 48 hours immediately
before and after any primary season in which it operates as a catcher/
processor or mothership.
Housekeeping
A current prohibition is revised to enable a mothership to carry
trawl gear while operating in the whiting fishery as long as trawl
gear, clarified to mean trawl nets and doors in this final rule, is
stowed and rendered inoperable. Similarly, the requirement for a waste-
processing vessel to stow trawl gear also is clarified to indicate that
trawl gear means trawl nets and doors.
A regulation issued on June 6, 1996, (61 FR 28786, authorized under
old Sec. 663.24) provided for whiting not needed in the tribal fishery
to be made available to other users. This provision was inadvertently
deleted when the regulations governing the Pacific Coast groundfish
fisheries were consolidated at 61 FR 34570, July 2, 1996, with all
other regulations governing the fisheries off the west coast states and
in the Western Pacific, and therefore is included in this rule. Also in
the consolidation, an error was made in paragraph (b) of Sec. 660.306
regarding the citation for the definition of prohibited species and a
typo exists in paragraph (r) of Sec. 660.306. The corrections are
included in this rule.
As part of the 1996 reorganization of NMFS, Regional Directors were
retitled as Regional Administrators; however, the term Regional
Director is still used in codified text until a universal change is
made to 50 CFR 660.
Paragraphs (s) and (t) in Sec. 660.306 are ``reserved'' for
implementation of Amendment 9 to the PCGFMP which was approved by NMFS
on May 8, 1997. Proposed regulations to implement Amendment 9 were
published on March 21, 1997 (62 FR 13583).
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary for management of the Pacific
Coast groundfish fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable law.
Without the final rule being in place by May 15, the season north
of 42 deg. N. lat. will open on May 15 (50 CFR 660.323(a)(3)) without
any allocation between competing sectors. A derby fishery would ensue
and a substantial portion of the harvest guideline could be taken
before the final rule was made effective, thereby disrupting 1997
allocations that would be implemented by the final rule. For these
reasons, good cause is found under 5 U.S.C. 553(d)(3) for making the
rule effective without a 30-day delay.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration, when this rule was proposed, that it
would not have a significant economic impact on a substantial number of
small entities. As a result, a regulatory flexibility analysis was not
prepared. No comments were received regarding this certification.
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 Paperwork Reduction Act unless that collection of information
displays a currently valid control number.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act. The collection of this information has
been approved by the OMB, OMB Control Number 0648-0203. Public
reporting burden is estimated to be negligible due to this action, as
it involves, concurrent with renewal of a limited entry permit,
checking a box to indicate if a catcher/processor will operate entirely
as a mothership in the whiting fishery during the year covered by the
permit. Fewer than 15 catcher/processors operate in this fishery, and
even fewer are expected to exercise this option. Send comments
regarding burden estimates, or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS and
OMB (see ADDRESSES).
A formal section 7 consultation under the ESA was concluded for the
PCGFMP. In a biological opinion dated August 28, 1993, and subsequent
reinitiations of consultation dated September 27, 1993, and May 15,
1996, the Assistant Administrator determined that fishing activities
conducted under the PCGFMP and its implementing regulations are not
likely to jeopardize the continued existence of any endangered or
threatened species under the jurisdiction of NMFS or result in the
destruction or adverse modification of critical habitat. This rule is
within the scope of those consultations. In addition, coho salmon south
of Cape Blanco, Oregon, recently have been listed as threatened
(Northern California/Southern Oregon) and endangered (Central
California) under the ESA. This action will not affect coho salmon.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, Fisheries, Fishing,
Reporting and recordkeeping requirements.
Dated: May 14, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
l. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 660.306, in paragraph (b), the reference to
``Sec. 660.302'' is changed to ``Sec. 660.323(c)'', paragraphs (j),
(k), (m), (q), and (r) are revised, paragraphs (s) and (t) are
reserved, and paragraphs (u), (v), and (w) are added, to read as
follows:
Sec. 660.306 Prohibitions.
* * * * *
(j) Process whiting in the fishery management area during times or
in areas where at-sea processing is prohibited for the sector in which
the vessel participates, unless:
(1) The fish are received from a member of a Pacific Coast treaty
Indian tribe fishing under Sec. 660.324;
(2) The fish are processed by a waste-processing vessel according
to Sec. 660.323(a)(4)(vii); or
(3) The vessel is completing processing of whiting taken on board
during that vessel's primary season.
(k) Take and retain or receive, except as cargo or fish waste,
whiting on a vessel in the fishery management area that already
possesses processed whiting on board, during times or in areas where
at-sea processing is prohibited for the sector in which the vessel
participates, unless the fish are received from a member of a Pacific
Coast treaty Indian tribe fishing under Sec. 660.324.
* * * * *
(m) Fish with groundfish trawl gear, or carry groundfish trawl gear
on board
[[Page 27522]]
a vessel that also has groundfish on board, without having a limited
entry permit valid for that vessel affixed with a gear endorsement for
trawl gear, with the following exception. A vessel with groundfish on
board may carry groundfish trawl gear if:
(1) The vessel is in continuous transit from outside the fishery
management area to a port in Washington, Oregon, or California; or
(2) The vessel is a mothership, in which case trawl nets and doors
must be stowed in a secured and covered manner, and detached from all
towing lines, so as to be rendered unusable for fishing.
* * * * *
(q) Carry on board a vessel, or deploy, limited entry gear when the
limited entry fishery for that gear is closed, except a vessel may
carry on board limited entry gear as provided in paragraph (m) of this
section.
(r) Refuse to submit fishing gear or fish subject to such person's
control to inspection by an authorized officer, or to interfere with or
prevent, by any means, such an inspection.
(s) [Reserved.]
(t) [Reserved.]
(u) Participate in the mothership or shoreside sector as a catcher
vessel that does not process fish, if that vessel operates in the same
calendar year as a catcher/processor in the whiting fishery, according
to Sec. 660.323(a)(4)(ii)(B).
(v) Operate as a waste-processing vessel within 48 hours of a
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.323(a)(4)(vii).
(w) Fail to keep the trawl doors on board the vessel and attached
to the trawls on a vessel used to fish for whiting, when taking and
retention is prohibited under Sec. 660.323(a)(3)(v).
3. In Sec. 660.323, paragraphs (a)(3)(i), (a)(3)(iv), and (a)(4)
are revised to read as follows:
Sec. 660.323 Catch restrictions.
* * * * *
(a) * * *
(3) Pacific whiting (whiting)--(i) Seasons. The primary seasons for
the whiting fishery are: For the shore-based sector, the period(s) when
the large-scale target fishery is conducted (when trip limits under
paragraph (b) of this section are not in effect); for catcher/
processors, the period(s) when at-sea processing is allowed and the
fishery is open for the catcher/processor sector; and for vessels
delivering to motherships, the period(s) when at-sea processing is
allowed and the fishery is open for the mothership sector. Before and
after the primary seasons, trip landing or frequency limits may be
imposed under paragraph (b) of this section. The sectors are defined at
paragraph (a)(4) of this section.
(A) North of 40 deg.30' N. lat. Different starting dates may be
established for the catcher/processor sector, the mothership sector,
catcher vessels delivering to shoreside processors north of 42 deg. N.
lat., and catcher vessels delivering to shoreside processors between
42 deg.-40 deg.30' N. lat.
(1) Procedures. The primary seasons for the whiting fishery north
of 40 deg.30' N. lat. generally will be established according to the
procedures in the PCGFMP for developing and implementing annual
specifications and apportionments. The season opening dates remain in
effect unless changed, but will be announced annually, generally with
the annual specifications and management measures.
(2) Criteria. The start of a primary season may be changed based on
a recommendation from the Council and consideration of the following
factors, if applicable: Size of the harvest guidelines for whiting and
bycatch species; age/size structure of the whiting population; expected
harvest of bycatch and prohibited species; availability and stock
status of prohibited species; expected participation by catchers and
processors; environmental conditions; timing of alternate or competing
fisheries; industry agreement; fishing or processing rates; and other
relevant information.
(B) South of 40 deg.30' N. lat. The primary season starts on April
15 south of 40 deg.30' N. lat.
* * * * *
(iv) At-sea processing. Whiting may not be processed at sea south
of 42 deg.00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (a)(4)(vii) of this
section.
* * * * *
(4) Whiting--allocation--(i) Sectors and allocations. The
commercial harvest guideline for whiting is allocated among three
sectors, as follows.
(A) Sectors. The catcher/processor sector is composed of catcher/
processors, which are vessels that harvest and process whiting during a
calendar year. The mothership sector is composed of motherships and
catcher vessels that harvest whiting for delivery to motherships.
Motherships are vessels that process, but do not harvest, whiting
during a calendar year. The shoreside sector is composed of vessels
that harvest whiting for delivery to shore-based processors.
(B) Allocations. The allocations are: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent
for the shoreside sector. No more than 5 percent of the shoreside
allocation may be taken and retained south of 42 deg. N. lat. before
the start of the primary season north of 42 deg. N. lat. These
allocations are harvest guidelines unless otherwise announced in the
Federal Register.
(ii) Additional restrictions on catcher/processors.
(A) A catcher/processor may receive fish from a catcher vessel, but
that catch is counted against the catcher/processor allocation unless
the catcher/processor has been declared as a mothership under paragraph
(a)(4)(ii)(C) of this section.
(B) A catcher/processor may not also act as a catcher vessel
delivering unprocessed whiting to another processor in the same
calendar year.
(C) When renewing its limited entry permit each year under
Sec. 660.333, the owner of a catcher/processor used to take and retain
whiting must declare if the vessel will operate solely as a mothership
in the whiting fishery during the calendar year to which its limited
entry permit applies. Any such declaration is binding on the vessel for
the calendar year, even if the permit is transferred during the year,
unless it is rescinded in response to a written request from the permit
holder. Any request to rescind a declaration must made by the permit
holder and granted in writing by the Regional Director before any
unprocessed whiting has been taken on board the vessel that calendar
year.
(iii) Reaching an allocation. If the whiting harvest guideline,
commercial harvest guideline, or a sector's allocation is reached, or
is projected to be reached, the following action(s) for the applicable
sector(s) may be taken as provided under paragraph (a)(4)(vi) of this
section and will remain in effect until additional amounts are made
available the next fishing year or under paragraph (a)(4)(iv) of this
section.
(A) Catcher/processor sector. Further taking and retaining,
receiving, or at-sea processing of whiting by a catcher/processor is
prohibited. No additional unprocessed whiting may be brought on board
after at-sea processing is prohibited, but a catcher/processor may
continue to process whiting that was on board before at-sea processing
was prohibited.
(B) Mothership sector. (1) Further receiving or at-sea processing
of whiting by a mothership is prohibited. No
[[Page 27523]]
additional unprocessed whiting may be brought on board after at-sea
processing is prohibited, but a mothership may continue to process
whiting that was on board before at-sea processing was prohibited.
(2) Whiting may not be taken and retained, possessed, or landed by
a catcher vessel participating in the mothership sector.
(C) Shoreside sector. Whiting may not be taken and retained,
possessed, or landed by a catcher vessel participating in the shoreside
sector except as authorized under a trip limit specified under
Sec. 660.323(b).
(D) Shoreside south of 42 deg. N. lat. If 5 percent of the
shoreside allocation for whiting is taken and retained south of 42 deg.
N. lat. before the primary season for the shoreside sector begins north
of 42 deg. N. lat., then a trip limit specified under paragraph (b) of
this section may be implemented south of 42 deg. N. lat. until the
northern primary season begins, at which time the southern primary
season would resume.
(iv) Reapportionments. That portion of a sector's allocation that
the Regional Director determines will not be used by the end of the
fishing year shall be made available for harvest by the other sectors,
if needed, in proportion to their initial allocations, on September 15
or as soon as practicable thereafter. NMFS may release whiting again at
a later date to ensure full utilization of the resource. Whiting not
needed in the fishery authorized under Sec. 660.324 also may be made
available.
(v) Estimates. Estimates of the amount of whiting harvested will be
based on actual amounts harvested, projections of amounts that will be
harvested, or a combination of the two. Estimates of the amount of
whiting that will be used by shoreside processors by the end of the
fishing year will be based on the best information available to the
Regional Director from state catch and landings data, the survey of
domestic processing capacity and intent, testimony received at Council
meetings, and/or other relevant information.
(vi) Announcements. The Assistant Administrator will announce in
the Federal Register when a harvest guideline, commercial harvest
guideline, or an allocation of whiting is reached, or is projected to
be reached, specifying the appropriate action being taken under
paragraph (a)(4)(iii) of this section. The Regional Director will
announce in the Federal Register any reapportionment of surplus whiting
to other sectors on September 15, or as soon as practicable thereafter.
In order to prevent exceeding the limits or to avoid underutilizing the
resource, prohibitions against further taking and retaining, receiving,
or at-sea processing of whiting, or reapportionment of surplus whiting
may be made effective immediately by actual notice to fishermen and
processors, by phone, fax, Northwest Region computerized bulletin board
(contact 206-526-6128), letter, press release, and/or U.S. Coast Guard
Notice to Mariners (monitor channel 16 VHF), followed by publication in
the Federal Register, in which instance public comment will be sought
for a reasonable period of time thereafter. If insufficient time exists
to consult with the Council, the Regional Director will inform the
Council in writing of actions taken.
(vii) Processing fish waste at sea. A vessel that processes only
fish waste (a ``waste-processing vessel'') is not considered a whiting
processor and therefore is not subject to the allocations, seasons, or
restrictions for catcher/processors or motherships while it operates as
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary
season for whiting in which the vessel operates as a catcher/processor
or mothership. A vessel must meet the following conditions to qualify
as a waste-processing vessel:
(A) The vessel makes meal (ground dried fish), oil, or minced
(ground flesh) product, but does not make, and does not have on board,
surimi (fish paste with additives), fillets (meat from the side of the
fish, behind the head and in front of the tail), or headed and gutted
fish (head and viscera removed).
(B) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under paragraph (b) of this section.
(C) Any trawl net and doors on board are stowed in a secured and
covered manner, and detached from all towing lines, so as to be
rendered unusable for fishing.
(D) The vessel does not receive codends containing fish.
(E) The vessel's operations are consistent with applicable state
and Federal law, including those governing disposal of fish waste at
sea.
* * * * *
[FR Doc. 97-13120 Filed 5-14-97; 4:59 pm]
BILLING CODE 3510-22-F
