[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34570-34611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16234]
[[Page 34569]]
_______________________________________________________________________
Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Part 660, et al.
Fisheries off West Coast States and in the Western Pacific; Final Rule
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules
and Regulations
[[Page 34570]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 660, 661, 663, 680, 681, 683, and 685
[Docket No. 960614176-6176-01; I.D. 050796A]
RIN 0648-AI18
Fisheries off West Coast States and in the Western Pacific
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating six CFR parts into one new CFR part. The
new part contains regulations implementing management measures for
fisheries operating in the exclusive economic zone (EEZ) off West Coast
and Western Pacific states. The domestic fisheries for groundfish and
ocean salmon off the West Coast and for precious corals, crustaceans,
bottomfish and seamount groundfish, and Pelagics of the Western Pacific
will be managed under this new part. 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duplicative and outdated provisions, and makes editorial changes for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. This action
is part of the President's Regulatory Reinvention Initiative.
EFFECTIVE DATE: These regulations are effective on July 1, 1996, with
the exception of 50 CFR 660.404 and 660.408, which will become
effective when OMB has approved collection-of-information requirements
for those sections and that approval has been published in the Federal
Register, and 50 CFR 600.53 which will become effective August 4, 1996.
FOR FURTHER INFORMATION CONTACT: Bill Robinson, NMFS, 206-526-6140; Rod
McInnis, NMFS, 310-980-4030; or Alvin Katekaru, NMFS, 808-973-2985.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory
Reinvention 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 Fishery Management Plans (FMPs) for
fisheries off West Coast and Western Pacific states.
Domestic groundfish fisheries in the EEZ off the West Coast are
managed by NMFS under the Fishery Management Plan for the Washington,
Oregon, and California Groundfish Fishery (Pacific Coast Groundfish
Fishery Management Plan), which is implemented by regulations at 50 CFR
part 663. The ocean salmon fisheries are managed under the Fishery
Management Plan for Ocean Salmon Fisheries off the Coasts of
Washington, Oregon, and California, which is implemented by regulations
at 50 CFR part 661. The Western Pacific precious corals fisheries are
managed under regulations at 50 CFR part 680, which implement the
Fishery Management Plan for Precious Coral Fisheries of the Western
Pacific Region. The lobster fishery of the Northwestern Hawaiian
Islands (NWHI) is managed under the Fishery Management Plan for
Crustacean Fisheries of the Western Pacific Region, which is
implemented by regulations at 50 CFR part 681. The NWHI fisheries for
bottomfish and seamount groundfish are managed by NMFS through
regulations at 50 CFR part 683, which implement the Fishery Management
Plan for Bottomfish and Seamount Groundfish Fisheries of the Western
Pacific Region. The fisheries for Pacific pelagic species are managed
under regulations at 50 CFR part 685, which implement the Fishery
Management Plan for Pelagic Fisheries of the Western Pacific Region.
General regulations that also pertain to these fisheries appear in 50
CFR part 600. The Groundfish and Salmon FMPs were prepared by the
Pacific Fishery Management Council, and the Precious Corals,
Crustaceans, Bottomfish and Seamount Groundfish, and Pelagics FMPs were
prepared by the Western Pacific Fishery Management Council, under the
authority of the Magnuson Fishery Conservation and Management Act.
Consolidation of Regulations Related to the Domestic Fisheries
Operating in the EEZ Off West Coast and Western Pacific States Into One
CFR Part (50 CFR part 660)
Currently, regulations implementing the six FMPs described above
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 661,
663, 680, 681, 683, and 685) and consolidates the regulations contained
therein into one new part (50 CFR part 660). This consolidated
regulation provides the public with a single reference source for the
Federal fisheries regulations specific to the fisheries operating in
the EEZ off the West Coast (California, Oregon, and Washington) or in
the Western Pacific (Hawaii, American Samoa, Guam, the Northern Mariana
Islands, and U.S. island possessions in the Pacific). 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. Many provisions in part 600 also apply to the fisheries
operating in the EEZ off West Coast and Western Pacific States.
Reorganization of Management Measures Within the Consolidated
Regulations and Elimination of Obsolete or Duplicative Provisions
In new part 660, 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 definitions, prohibitions, and requirements that were common to
the current regulations for all the fisheries, but located in different
parts, were placed in a general subpart so they would only appear once.
For provisions common to all Western Pacific fisheries, a separate
subpart is established. Paragraph headings have been added where
appropriate 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. For example, obsolete provisions dealing with initial
issuance of permits under limited entry programs for Western Pacific
bottomfish, crustacean, and longline fisheries and for West Coast
[[Page 34571]]
groundfish fisheries were removed. In addition, changes to part 661
(salmon) include correcting the scientific name for steelhead (rainbow
trout) to Oncorhynchus mykiss, updating escapement goals for
consistency with revised management procedures of the Pacific Fishery
Management Council, and removing the appendix by incorporation of
relevant portions into the numbered sections and deletion of any
repetitive or unnecessary information.
Changes to part 663 (Pacific Coast groundfish) include removing the
appendix of standards and procedures and, instead, referencing
appropriate sections in the Pacific Coast Groundfish Fishery Management
Plan, removing obsolete requirements for applications for limited entry
permits, consolidating definitions in one section that previously were
scattered throughout part 663, removing those definitions and
regulations that either appear elsewhere in part 660 or are no longer
relevant after the appendix was removed, and making technical and
editorial clarifications.
A limited entry program was implemented in the Pacific Coast
groundfish fishery in 1994. The window of time for initial permit
issuance is over, so the standards and procedures for initial permit
issuance have been removed from the regulations because they are no
longer necessary. There are still some appeals from permits denials
pending before the agency and Federal courts. The regulatory provisions
that were in effect at the time of permit denial will still be used in
these proceedings, even though they are being removed from
codification. There are two extremely limited circumstances in which
fishermen may obtain new initial permits, but it is highly unlikely
that anyone will qualify for a permit under these provisions.
Therefore, the details governing these permits are removed from
codification. The standards and procedures covering issuance of these
permits, and the privileges accompanying these permits, are described
in the FMP, and the relevant sections are cited in these regulations.
The provisions governing administration and transfer of existing
permits remain in the codified regulations.
No substantive changes were made to the regulations by this
reorganization or by the removal of duplicative and obsolete
provisions.
Revisions to Paperwork Reduction Act 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 codifies
many recordkeeping and reporting requirements, 15 CFR 902.1(b) is
revised to reference correctly the new sections resulting from the
consolidation.
This rule also makes a technical correction to the regulations
establishing a longline fishing prohibited area around Guam. The final
rule technical amendment published September 13, 1994 (59 FR 46933)
contained an error, and the correct coordinates have been specified in
Sec. 660.26(d).
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for 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. 533(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 Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number.
OMB approval for the West Coast Salmon Fisheries PRA collection-of-
information requirements has expired. NMFS is in the process of
obtaining OMB approval for these requirements. The collection of
information requirements of 50 CFR 660.404 and 660.408 are suspended
until such time as OMB approves the collection and notification of the
approval is published in the Federal Register.
The following collection-of-information requirements have already
been approved by OMB for U.S. fishing activities:
a. Approved under 0648-0204--(1) Southwest Region Federal Fishing
Permits, estimated at 0.55 hours per permit action; (2) experimental
fishing permits, estimated at 2 hours per application (Secs. 660.13,
660.17, and 660.21(k)).
b. Approved under 0648-0214--Southwest Logbook Family of Forms: (1)
Catch-and-effort logbooks, estimated at 5 minutes per response; (2)
pre-trip notifications, estimated at 5 minutes per notice; (3) post-
landing notices, estimated at 5 minutes per response; (4) observer
placement meetings, estimated at 1 hour per response; (5) protected
species interaction reports, estimated at 3 minutes per response; (6)
pre-landing notices, estimated at 5 minutes per response; (7)
experimental fishing reports, estimated at 4 hours per report; (8)
report on gear left at sea, estimated at 5 minutes per response; (9)
sales and transshipment reports, estimated at 5 minutes per response;
(10) precious corals sales report, estimated at 15 minutes per
response; (11) pelagics transshipment logbooks, estimated at 5 minutes
per response; (12) claims for reimbursement for lost fishing time,
estimated at 4 hours per response; and (13) request for pelagics area
closure exemption, estimated at 1 hour per response (Secs. 660.14,
660.23, 660.24, 660.28, 660.43, and 660.48).
c. Approved under 0648-0203--Northwest Federal Fisheries Permits:
(1) Experimental fishing permits, estimated at 32 minutes per response;
(2) limited entry permits, estimated at 20 minutes per response; and
(3) at-sea processing permits, estimated at 20 minutes per response
(Sec. 660.333).
d. Approved under 0648-0243--Survey of intent and capacity to
harvest and process fish and shellfish, estimated at 5 minutes per
response (Sec. 660.323).
e. Approved under 0648-0271--Northwest Region Logbook Family of
Forms: (1) Weekly production report, estimated at 30 minutes per
response; (2) transfer logs, estimated at 15 minutes per response; (3)
cumulative production logs, estimated at 13-26 minutes per response,
depending on the type of fishing operation; and (4) start/stop reports,
estimated at 5 minutes per response (Sec. 660.305).
f. Approved under 0648-0305--Gear identification requirements,
estimated at 30 minutes per response (Secs. 660.24, 660.48, and
660.322).
g. Approved under 0648-0306--Vessel identification requirements,
estimated at 35 minutes per response (Secs. 660.16 and 660.305).
h. Approved under 0648-0307--Arrangements for placing and adjusting
vessel monitoring system units,
[[Page 34572]]
estimated at 1 hour per response (Sec. 660.25).
Because this rule makes only nonsubstantive changes to existing
regulations, no useful purpose would be served by providing advance
notice and opportunity for public comment. Accordingly, the Assistant
Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B), for good
cause finds that providing notice and opportunity for public comment 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).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 661
Fisheries, Fishing, Indians, Reporting and recordkeeping
requirements.
50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Part 680
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Part 681
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 681
Administrative practice and procedure, Fisheries, Reporting and
recordkeeping requirements.
50 CFR Part 685
American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives,
Northern Mariana Islands, Reporting and recordkeeping requirements.
Dated: June 20, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 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, in the entries for 50
CFR in the left column, in numerical order, the following entries and
corresponding OMB Numbers are removed: ``680.4'', ``680.5'', ``680.6'',
``680.10'', ``681.4'', ``681.5'', ``681.6'', ``681.10'', ``681.24'',
``681.25'', ``681.30'', ``683.4'', ``683.9'', ``683.21'', ``683.25'',
``683.27'', ``683.29'', ``685.4'', ``685.9'', ``685.10'', ``685.11'',
``685.12'', ``685.13'', ``685.14'', ``685.15'', ``685.16'', and
``685.24''. The following new entries are added to the table:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
control
CFR part or section where the information collection number (all
requirement is located numbers
begin with
0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
Sec. 660.13.............................................. -0204
Sec. 660.14.............................................. -0214
Sec. 660.16.............................................. -0306
Sec. 660.17.............................................. -0204
Sec. 660.21(k)........................................... -0204
Sec. 660.23.............................................. -0214
Sec. 660.24.............................................. -0305
Sec. 660.25.............................................. -0307
Sec. 660.27.............................................. -0214
Sec. 660.28.............................................. -0214
Sec. 660.43.............................................. -0214
Sec. 660.48.............................................. \1\ -0214
Sec. 660.303............................................. -0271
Sec. 660.305............................................. -0306
Sec. 660.322............................................. -0305
Sec. 660.323............................................. -0243
Sec. 660.333............................................. -0203
------------------------------------------------------------------------
\1\ And -0305.
* * * * *
50 CFR CHAPTER VI
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
3. Part 660 is added to read as follows:
PART 660--FISHERIES OFF WEST COAST AND WESTERN PACIFIC STATES
Subpart A--General
Sec.
660.1 Purpose and scope.
660.2 Relation to other laws.
660.3 Reporting and recordkeeping.
Subpart B--Western Pacific Fisheries--General
660.11 Purpose and scope.
660.12 Definitions.
660.13 Permits and fees.
660.14 Reporting and recordkeeping.
660.15 Prohibitions.
660.16 Vessel identification.
660.17 Experimental fishing.
Subpart C--Western Pacific Pelagic Fisheries
660.21 Permits.
660.22 Prohibitions.
660.23 Notifications.
660.24 Gear identification.
660.25 Vessel monitoring system.
660.26 Longline fishing prohibited area management.
660.27 Exemptions for longline fishing prohibited areas;
procedures.
660.28 Conditions for at-sea observer coverage.
660.29 Port privileges and transiting for unpermitted U.S. longline
vessels.
660.30 Prohibition of drift gillnetting.
660.31 Framework adjustments to management measures.
Subpart D--Western Pacific Crustacean Fisheries
660.41 Permits.
660.42 Prohibitions.
660.43 Notifications.
660.44 Lobster size and condition restrictions.
660.45 Closed seasons.
660.46 Closed areas.
660.47 Gear identification.
660.48 Gear restrictions.
660.49 At-sea observer coverage.
660.50 Harvest limitation program.
660.51 Monk seal protective measures.
660.52 Monk seal emergency protective measures.
660.53 Framework procedures.
660.54 Five-year review.
Subpart E--Bottomfish And Seamount Groundfish Fisheries
660.61 Permits.
660.62 Prohibitions.
660.63 Notification.
660.64 Gear restrictions.
660.65 At-sea observer coverage.
660.66 Protected species conservation.
660.67 Framework for regulatory adjustments.
660.68 Fishing moratorium on Hancock Seamount.
660.69 Management Subareas.
Subpart F--Precious Corals Fisheries
660.81 Permits.
660.82 Prohibitions.
660.83 Seasons.
660.84 Quotas.
660.85 Closures.
660.86 Size restrictions.
660.87 Area restrictions.
660.88 Gear restrictions.
Subpart G--West Coast Groundfish
660.301 Purpose and scope.
660.302 Definitions.
660.303 Reporting and recordkeeping.
660.304 Management areas.
660.305 Vessel identification.
660.306 Prohibitions.
660.321 Specifications and management measures.
660.322 Gear restrictions.
660.323 Catch restrictions.
660.324 Pacific Coast treaty Indian fisheries.
660.331 Limited entry and open access fisheries--general.
[[Page 34573]]
660.332 Allocations.
660.333 Limited entry fishery.
660.334 Limited entry permits--``A'' endorsement.
660.335 Limited entry permits--``Provisional A'' endorsement.
660.336 Limited entry permits--``B'' endorsement.
660.337 Limited entry permits--``designated species B''
endorsement.
660.338 Limited entry permits--new permits.
660.339 Limited entry permit fees.
660.340 Limited entry permit appeals.
660.341 Limited entry permit sanctions.
Subpart H--West Coast Salmon Fisheries
660.401 Purpose and scope.
660.402 Definitions.
660.403 Relation to other laws.
660.404 Recordkeeping and reporting.
660.405 Prohibitions.
660.406 Exempted fishing.
660.407 Treaty Indian fishing.
660.408 Annual actions.
660.409 Inseason actions.
660.410 Escapement goals.
660.411 Notification and publication procedures.
Tables--Part 660
Table 1 to Part 660--Quotas for Precious Corals Permit Areas
Table 2 to Part 660--Vessel Capacity Ratings for West Coast
Groundfish Limited Entry Permits
Figures--Part 660
Figure 1 to Part 660--Carapace Length of Lobsters
Figure 2 to Part 660--Length of a Longline Vessel
Figure 3 to Part 660--Dressed, Head-off Length of Salmon
Authority: 16 U.S.C. 1801 et. seq.
Subpart A--General
Sec. 660.1 Purpose and scope.
(a) The regulations in this part govern fishing for Western Pacific
and West Coast fishery management unit species by vessels of the United
States that operate or are based inside the outer boundary of the EEZ
off Western Pacific and West Coast States.
(b) General regulations governing fishing by all vessels of the
United States and by fishing vessels other than vessels of the United
States are contained in part 600 of this chapter.
Sec. 660.2 Relation to other laws.
NMFS recognizes that any state law pertaining to vessels registered
under the laws of that state while operating in the fisheries regulated
under this part, and that is consistent with this part and the FMPs
implemented by this part, shall continue in effect with respect to
fishing activities regulated under this part.
Sec. 660.3 Reporting and recordkeeping.
Except for fisheries subject to subparts D and F of this part, any
person who is required to do so by applicable state law or regulation
must make and/or file all reports of management unit species landings
containing all data and in the exact manner required by applicable
state law or regulation.
Subpart B--Western Pacific Fisheries--General
Sec. 660.11 Purpose and scope.
(a) This subpart contains regulations that are common to all
Western Pacific fisheries managed under fishery management plans
prepared by the Western Pacific Fishery Management Council under the
Magnuson Act.
(b) Regulations specific to individual fisheries are included in
subparts C, D, E, and F of this part.
Sec. 660.12 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 600.10 of this chapter, the terms used in subparts B through F of
this part have the following meanings:
Bottomfish FMP means the Fishery Management Plan for Bottomfish and
Seamount Groundfish of the Western Pacific Region.
Bottomfish management area means the areas designated in
Sec. 660.69.
Bottomfish management unit species means the following fish:
------------------------------------------------------------------------
Common name Local name Scientific name
------------------------------------------------------------------------
Snappers:
Silver jaw jobfish.......... Lehi (H); palu- Aphareus rutilans.
gustusilvia (S).
Gray jobfish................ Uku (H); asoama Aprion virescens.
(S).
Squirrelfish snapper........ Ehu (H); palu- Etelis
malau (S). carbunculus.
Longtail snapper............ Onaga, ula'T1ula Etelis coruscans.
(H); palu-loa (S).
Blue stripe snapper......... Ta'ape (H); savane Lutjanus kasmira.
(S); funai (G).
Yellowtail snapper.......... Palu-i' lusama Pristipomoides
(S); yellowtail auricilla.
kalekale.
Pink snapper................ Opakapaka (H); Pristipomoides.
palu-'Tlena'lena
(S); gadao (G).
Yelloweye snapper........... Palusina (S); Pristipomoides
yelloweye flavipinnis.
opakapaka.
Snapper..................... Kalekale (H)...... Pristipomoides
sieboldii.
Snapper..................... Gindai (H,G); palu- Pristipomoides
sega (S). zonatus.
Jacks:
Giant trevally.............. White ulua (H); Caranx ignoblis.
tarakito (G);
sapo-anae (S).
Black jack.................. Black ulua (H); Caranx lugubris.
tarakito (G);
tafauli (S).
Thick lipped trevally....... Pig ulua (H); Pseudocaranx
butaguchi (H). dentex.
Amberjack................... Kahala (H)........ Seriola dumerili.
Groupers:
Blacktip grouper............ Fausi (S); gadau Epinephelus
(G). fasciatus.
Sea bass.................... Hapu' 1upu'u (H).. Epinephelus
quernus.
Lunartail grouper........... Papa (S).......... Variola louti.
Emperor fishes:
Ambon emperor............... Filoa-gutumumu (S) Lethrinus
amboinensis.
Redgill emperor............. Filoa-pa'lo'omumu Lethrinus
(S); mafuti (G). rubrioperculatus.
------------------------------------------------------------------------
Notes: G--Guam; H--Hawaii; S--American Samoa.
Carapace length means a measurement in a straight line from the
ridge between the two largest spines above the eyes, back to the rear
edge of the carapace of a spiny lobster (see Figure 1 of this part).
Commercial fishing, as used in subpart D of this part, means
fishing with the intent to sell all or part of the catch of lobsters.
All lobster fishing in Crustaceans Permit Area 1 is considered
commercial fishing.
Council means the Western Pacific Fishery Management Council.
Crustaceans FMP means the Fishery Management Plan for Crustacean
Fisheries of the Western Pacific Region.
[[Page 34574]]
Crustaceans management area means the combined portions of the EEZ
encompassed by Crustaceans Permit Areas 1, 2, and 3.
Crustaceans management unit species means spiny lobster (Panulirus
marginatus or Panulirus penicillatus), slipper lobster (family
Scyllaridae), and Kona crab (Ranina ranina).
Crustaceans Permit Area 1 (Permit Area 1) means the EEZ off the
Northwestern Hawaiian Islands.
Crustaceans Permit Area 2 (Permit Area 2) means the EEZ off the
main Hawaiian Islands.
Crustaceans Permit Area 3 (Permit Area 3) means the EEZ of the
Territory of Guam and the EEZ of the Territory of American Samoa.
Crustaceans receiving vessel means a vessel of the United States to
which lobster taken in Permit Area 1 are transferred from another
vessel.
Dead coral means any precious coral that contains holes from borers
or is discolored or encrusted at the time of removal from the seabed.
EFP means an experimental fishing permit.
First level buyer means:
(1) The first person who purchases, with the intention to resell,
management unit species, or portions thereof, that were harvested by a
vessel that holds a permit or is otherwise regulated under subpart D of
this part; or
(2) A person who provides recordkeeping, purchase, or sales
assistance in the first transaction involving management unit species
(such as the services provided by a wholesale auction facility).
Fish dealer means any person who:
(1) Obtains, with the intention to resell, Pacific pelagic
management unit species, or portions thereof, that were harvested or
received by a vessel that holds a permit or is otherwise regulated
under subpart E of this part; or
(2) Provides recordkeeping, purchase, or sales assistance in
obtaining or selling such management unit species (such as the services
provided by a wholesale auction facility).
Fisheries Management Division (FMD) means the Chief, Fisheries
Management Division, Southwest Regional Office, NMFS, or a designee.
See Table 1 to Sec. 600.502 for the address of the Regional Office.
Fishing gear, as used in subpart D of this part, includes:
(1) Bottom trawl, which means a trawl in which the otter boards or
the footrope of the net are in contact with the sea bed.
(2) Gillnet, (see Sec. 600.10).
(3) Hook-and-line, which means one or more hooks attached to one or
more lines.
(4) Set net, which means a stationary, buoyed, and anchored gill
net.
(5) Trawl, (see Sec. 600.10).
Fishing trip means a period of time during which fishing is
conducted, beginning when the vessel leaves port and ending when the
vessel lands fish.
Fishing year means the year beginning at 0001 local time on January
1 and ending at 2400 local time on December 31.
Harvest guideline means a specified numerical harvest objective.
Hawaii longline limited access permit means the permit required by
Sec. 660.21 to use a vessel to fish for Pacific pelagic management unit
species with longline gear in the EEZ around Hawaii or to land or
transship longline-caught Pacific pelagic management unit species
shoreward of the outer boundary of the EEZ around Hawaii.
Incidental catch or incidental species means species caught while
fishing for the primary purpose of catching a different species.
Interested parties means the State of Hawaii Department of Land and
Natural Resources, the Council, holders of permits issued under subpart
D of this part, and any person who has notified the Regional Director
of his or her interest in the procedures and decisions described in
Secs. 660.51 and 660.52, and who has specifically requested to be
considered an ``interested party.''
Land or landing means offloading fish from a fishing vessel,
arriving in port to begin offloading fish, or causing fish to be
offloaded from a fishing vessel.
Length overall (LOA) or length of a vessel, as used in
Sec. 660.21(i), means the horizontal distance, rounded to the nearest
foot (with 0.5 ft and above rounded upward), 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 2 of this part). ``Stem'' is the foremost part of the
vessel, consisting of a section of timber or fiberglass, or cast,
forged, or rolled metal, to which the sides of the vessel are united at
the fore end, with the lower end united to the keel, and with the
bowsprit, if one is present, resting on the upper end. ``Stern'' is the
aftermost part of the vessel.
Live coral means any precious coral that is free of holes from
borers, and has no discoloration or encrustation on the skeleton at the
time of removal from the seabed.
Lobster closed area means an area of the EEZ that is closed to
fishing for lobster.
Longline fishing prohibited area means the portions of the EEZ in
which longline fishing is prohibited as specified in Sec. 660.26.
Longline fishing vessel means a vessel that has longline gear on
board the vessel.
Longline gear means a type of fishing gear consisting of a main
line that exceeds 1 nm in length, is suspended horizontally in the
water column either anchored, floating, or attached to a vessel, and
from which branch or dropper lines with hooks are attached; except
that, within the protected species zone, longline gear means a type of
fishing gear consisting of a main line of any length that is suspended
horizontally in the water column either anchored, floating, or attached
to a vessel, and from which branch or dropper lines with hooks are
attached.
Longline general permit means the permit required by Sec. 660.21 to
use a vessel to fish for Pacific pelagic management unit species in the
fishery management area, excluding the EEZ around Hawaii, or to land or
transship longline-caught fish shoreward of the outer boundary of the
fishery management area, excluding the waters shoreward of the EEZ
around Hawaii.
Main Hawaiian Islands means the islands of the Hawaiian Islands
Archipelago lying to the east of 161 deg. W. long.
Non-precious coral means any species of coral other than those
listed under the definition for precious coral in this section.
Non-selective gear means any gear used for harvesting corals that
cannot discriminate or differentiate between types, size, quality, or
characteristics of living or dead corals.
Northwestern Hawaiian Islands (NWHI) means the islands of the
Hawaiian Islands Archipelago lying to the west of 161 deg. W. long.
Offloading means removing management unit species from a vessel.
Owner, as used in subparts C and D of this part, means a person who
is identified as the current owner of the vessel as described in the
Certificate of Documentation (Form CG-1270) issued by the USCG for a
documented vessel, or in a registration certificate issued by a state
or territory or the USCG for an undocumented vessel. As used in subpart
E and F of this part, owner has the meaning in Sec. 600.10 of this
chapter.
Pacific Area Office means the Pacific Area Office, Southwest
Region, NMFS, located in Honolulu, HI. The address and phone number may
be obtained from the Regional Director whose address is in Table 1 to
Sec. 600.502.
Pacific pelagic management unit species means the following fish:
[[Page 34575]]
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Mahimahi (dolphin fish)................... Coryphaena spp.
Marlin and spearfish...................... Makaira spp.
Tetrapturus spp.
Oceanic sharks............................ Family Alopiidae.
Family Carcharhinidae.
Family Lamnidae.
Family Sphyrnidae.
Sailfish.................................. Istiophorus platypterus.
Swordfish................................. Xiphias gladius.
Tuna and related species.................. Allothunnus spp., Auxis spp.
Euthynnus spp.,
Gymnosarda spp.
Katsuwonus spp., Scomber
spp.
Thunnus spp.
Wahoo..................................... Acanthocybium solandri.
------------------------------------------------------------------------
Pelagics FMP means the Fishery Management Plan for Pelagic Species
Fisheries of the Western Pacific Region.
Precious coral means any coral of the genus Corallium in addition
to the following species of corals:
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Pink coral (also known as red coral)...... Corallium secundum.
Pink coral (also known as red coral)...... Corallium regale.
Pink coral (also known as red coral)...... Corallium laauense.
Gold coral................................ Gerardia spp.
Gold coral................................ Callogorgia gilberti.
Gold coral................................ Narella spp.
Gold coral................................ Calyptrophora spp.
Bamboo coral.............................. Lepidisis olapa.
Bamboo coral.............................. Acanella spp.
Black coral............................... Antipathes dichotoma.
Black coral............................... Antipathes grandis.
Black coral............................... Antipathes ulex.
------------------------------------------------------------------------
Precious coral permit area means the area encompassing the precious
coral beds in the management area. Each bed is designated by a permit
area code and assigned to one of the following four categories:
(1) Established beds. Makapuu (Oahu), Permit Area E-B-1, includes
the area within a radius of 2.0 nm of a point at 21 deg.18.0' N. lat.,
157 deg.35.5' W. long.
(2) Conditional beds. (i) Keahole Point (Hawaii), Permit Area C-B-
1, includes the area within a radius of 0.5 nm of a point at
19 deg.46.0' N. lat., 156 deg.06.0' W. long.
(ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area
within a radius of 0.5 nm of a point at 21 deg.35.4' N. lat.,
158 deg.22.9' W. long.
(iii) Brooks Bank, Permit Area C-B-3, includes the area within a
radius of 2.0 nm of a point at 24 deg.06.0' N. lat., 166 deg.48.0' W.
long.
(iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll,
includes the area within a radius of 2.0 nm of a point at 28 deg.50.2'
N. lat., 178 deg.53.4' W. long.
(3) Refugia. Westpac Bed, Permit Area R-1, includes the area within
a radius of 2.0 nm of a point at 28 deg.50.2' N. lat., 162 deg.35.0' W.
long.
(4) Exploratory areas. (1) Permit Area X-P-H includes all coral
beds, other than established beds, conditional beds, or refugia, in the
EEZ seaward of the State of Hawaii.
(ii) Permit Area X-P-AS includes all coral beds, other than
established beds, conditional beds, or refugia, in the EEZ seaward of
American Samoa.
(iii) Permit Area X-P-G includes all coral beds, other than
established beds, conditional beds, or refugia, in the EEZ seaward of
Guam.
(iv) Permit Area X-P-PI includes all coral beds, other than
established beds, conditional beds, or refugia, in the EEZ seaward of
the U.S. Pacific Island possessions.
Protected species means an animal protected under the MMPA, listed
under the ESA, or subject to the Migratory Bird Treaty Act, as amended.
Protected species study zones means the waters within a specified
distance, designated by the Regional Director pursuant to Sec. 660.66,
around the following islands of the NWHI and as measured from the
following coordinates: Nihoa Island 23 deg.05' N. lat., 161 deg.55' W.
long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W. long.; French
Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long.; Gardner
Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef
25 deg.25' N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N.
lat., 171 deg.45' W. long.; Lisianski Island 26 deg.00' N. lat.,
173 deg.55' W. long.; Pearl and Hermes Reef 27 deg.50' N. lat.,
175 deg.50' W. long.; Midway Island 28 deg.14' N. lat., 177 deg.22' W.
long.; and Kure Island 28 deg.25' N. lat., 178 deg.20' W. long. The
protected species study zones encompasses waters within 50 nm of the
geographical coordinates listed above.
Protected species zone means an area, designated under Sec. 660.26,
measured from the center geographical positions of certain islands and
reefs in the NWHI, as follows: Nihoa Island 23 deg.05' N. lat.,
161 deg.55' W. long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W.
long.; French Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long;
Gardner Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef
25 deg.25' N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N.
lat., 171 deg.45' W. long; Lisianski Island 26 deg.00' N. lat.,
173 deg.55' W. long.; Pearl and Hermes Reef 27 deg.50' N. lat.,
175 deg.50' W. long.; Midway Islands 28 deg.14' N. lat., 177 deg.22' W.
long.; and Kure Island 28 deg.25' N. lat., 178 deg.20' W. long. Where
the areas are not contiguous, parallel lines drawn tangent to and
connecting those semi-circles of the 50-nm areas that lie between Nihoa
Island and Necker Island, French Frigate Shoals and Gardner Pinnacles,
Gardner Pinnacles and Maro Reef, and Lisianski Island and Pearl and
Hermes Reef, shall delimit the remainder of the protected species zone.
Qualifying landing means a landing that meets a standard required
for permit eligibility under Sec. 660.61.
(1) Permit renewal. A qualifying landing for permit renewal under
Sec. 660.61(e) is a landing that contained 2,500 lb (1,134 kg) of
bottomfish from the NWHI or a landing of at least 2,500 lb (1,134 kg)
of fish from the NWHI, of which at least 50 percent by weight was
bottomfish.
(2) New access eligibility points. A qualifying landing for
eligibility points under Sec. 660.61(g) is any landing of bottomfish
from the NWHI, regardless of weight, if made on or before August 7,
1985; or a landing of at least 2,500 lb (1,134 kg) of bottomfish
lawfully harvested from the NWHI, or a landing of at least 2,500 lb
(1,134 kg) of fish lawfully harvested from the NWHI, of which at least
50 percent by weight was bottomfish, if made after August 7, 1985.
Receiving vessel permit means a permit required by Sec. 660.21(c)
for a receiving vessel to transship or land Pacific pelagic management
unit species taken by other vessels using longline gear.
Regional Director means the Director, Southwest Region, NMFS (see
Table 1 of Sec. 600.502 for address).
Seamount groundfish means the following species:
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Armorhead................................. Pentaceros richardsoni.
Alfonsin.................................. Beryx splendens.
Raftfish.................................. Hyperoglyphe japonica.
------------------------------------------------------------------------
Selective gear means any gear used for harvesting corals that can
discriminate or differentiate between type, size, quality, or
characteristics of living or dead corals.
Special Agent-In-Charge (SAC) means the Special Agent-In-Charge,
NMFS, Office of Enforcement, Southwest Region, or a designee of the
Special Agent-In-Charge.
Transship means offloading or otherwise transferring management
unit species or products thereof to a receiving vessel.
Trap means a box-like device used for catching and holding
lobsters.
[[Page 34576]]
U.S. harvested corals means coral caught, taken, or harvested by
vessels of the United States within any fishery for which a fishery
management plan has been implemented under the Magnuson Act.
Vessel monitoring system unit (VMS unit) means the hardware and
software equipment owned by NMFS, installed on vessels by NMFS, and
required by subpart C of this part to track and transmit the positions
from longline fishing vessels.
Sec. 660.13 Permits and fees.
(a) Applicability. The requirements for permits for specific
Western Pacific fisheries are set forth in subparts C through F of this
part.
(b) Validity. Each permit is valid for fishing only in the specific
fishery management areas identified on the permit.
(c) Application. (1) A Southwest Region Federal Fisheries
application form may be obtained from the Pacific Area Office to apply
for a permit to operate in any of the fisheries regulated under
subparts C, D, E, and F of this part. In no case shall the Pacific Area
Office accept an application that is not on the Southwest Region
Federal Fisheries application form. A completed application is one that
contains all the necessary information, attachments, certifications,
signatures, and fees required.
(2) A minimum of 15 days should be allowed for processing a permit
application. If an incomplete or improperly completed application is
filed, the applicant will be sent a notice of deficiency. If the
applicant fails to correct the deficiency within 30 days following the
date of notification, the application will be considered abandoned.
(d) Change in application information. A minimum of 10 days should
be given for the Pacific Area Office to record any change in
information from the permit application submitted under paragraph (c)
of this section. Failure to report such changes may result in
invalidation of the permit.
(e) Issuance. After receiving a complete application, the FMD will
issue a permit to an applicant who is eligible under Sec. 660.21,
Sec. 660.41, Sec. 660.61, or Sec. 660.81, as appropriate.
(f) Fees. (1) No fee is required for a permit issued under subparts
D, E, and F of this part.
(2) A fee is charged for each application for a Hawaii longline
limited access permit (including permit transfers and permit renewals).
The amount of the fee is calculated in accordance with the procedures
of the NOAA Finance Handbook, available from the Regional Director, for
determining the administrative costs of each special product or
service. The fee may not exceed such costs and is specified with each
application form. The appropriate fee must accompany each application.
Failure to pay the fee will preclude issuance of a Hawaii longline
limited access permit.
(g) Expiration. Permits issued under this subpart will remain valid
for the period specified on the permit unless transferred, revoked,
suspended, or modified under 15 CFR part 904.
(h) Replacement. Replacement permits may be issued, without charge,
to replace lost or mutilated permits. An application for a replacement
permit is not considered a new application.
(i) Transfer. An application for a permit transfer as allowed under
Sec. 660.21(h), Sec. 660.41(e), or Sec. 660.61(c) and (d) must be
submitted to the Pacific Area Office as described in paragraph (c) of
this section.
(j) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(k) Display. Any permit issued under this subpart, or a facsimile
of the permit, must be on board the vessel at all times while the
vessel is fishing for, taking, retaining, possessing, or landing
management unit species shoreward of the outer boundary of the fishery
management area. Any permit issued under this section must be displayed
for inspection upon request of an authorized officer.
(l) Sanctions. Procedures governing sanctions and denials are found
at subpart D of 15 CFR part 904.
(m) Permit appeals. Procedures for appeals of permit and
administrative actions are specified in the relevant subparts of this
part.
Sec. 660.14 Reporting and recordkeeping.
(a) Fishing record forms. The operator of any fishing vessel
subject to the requirements of Secs. 660.21, 660.41, or 660.81 must
maintain on board the vessel an accurate and complete record of catch,
effort, and other data on report forms provided by the Regional
Director. All information specified on the forms must be recorded on
the forms within 24 hours after the completion of each fishing day. The
original logbook form for each day of the fishing trip must be
submitted to the Regional Director within 72 hours of each landing of
management unit species. Each form must be signed and dated by the
fishing vessel operator.
(b) Transshipment logbooks. Any person subject to the requirements
of Sec. 660.21(c) must maintain on board the vessel an accurate and
complete NMFS transshipment logbook containing report forms provided by
the Regional Director. All information specified on the forms must be
recorded on the forms within 24 hours of the day of transshipment. The
original logbook form for each day of transshipment activity must be
submitted to the Regional Director within 72 hours of each landing of
management unit species. Each form must be signed and dated by the
receiving vessel operator.
(c) Sales report. The operator of any fishing vessel subject to the
requirements of Sec. 660.41 must submit to the Regional Director,
within 72 hours of offloading of crustaceans management unit species,
an accurate and complete sales report on a form provided by the
Regional Director. The form must be signed and dated by the fishing
vessel operator.
(d) Packing or weigh-out slips. The operator of any fishing vessel
subject to the requirements of Sec. 660.41 must attach packing or
weighout slips provided to the operator by the first-level buyer(s),
unless the packing or weighout slips have not been provided in time by
the buyer(s).
(e) Modification of reporting and recordkeeping requirements. The
Regional Director may, after consultation with the Council, initiate
rulemaking to modify the information to be provided on the fishing
record forms, transshipment logbook, and sales report forms and
timeliness by which the information is to be provided, including the
submission of packing or weighout slips.
(f) Availability of records for inspection. (1) Pacific pelagic
management unit species. Upon request, any fish dealer must immediately
provide an authorized officer access for inspecting and copying all
records of purchases, sales, or other transactions involving Pacific
pelagic management unit species taken or handled by longline vessels
that have permits issued under this subpart or that are otherwise
subject to subpart C of this part, including, but not limited to,
information concerning:
(i) The name of the vessel involved in each transaction and the
owner or operator of the vessel.
(ii) The weight, number, and size of each species of fish involved
in each transaction.
(iii) Prices paid by the buyer and proceeds to the seller in each
transaction.
(2) Crustaceans management unit species. Upon request, any first-
level buyer must immediately allow an authorized officer and any
employee of
[[Page 34577]]
NMFS designated by the Regional Director, to access, inspect, and copy
all records described in paragraph (a) of this section relating to
crustacean management unit species taken by vessels that have permits
issued under this subpart or that are otherwise subject to subpart D of
this part.
(3) Bottomfish and seamount groundfish management unit species. Any
person who is required by state laws and regulations to maintain
records of landings and sales for vessels regulated by this subpart and
subpart E of this part must make those records immediately available
for Federal inspection and copying upon request by an authorized
officer.
(g) State reporting. Any person who has a permit under Secs. 660.21
or 660.61 and who is required by state laws and regulations to maintain
and submit records of landings and sales for vessels regulated by
subparts C and E of this part must maintain and submit those records in
the exact manner required by state laws and regulations.
Sec. 660.15 Prohibitions.
In addition to the prohibitions in Sec. 600.725 of this chapter, it
is unlawful for any person to:
(a) Engage in fishing without a valid permit or facsimile of a
valid permit on board the vessel and available for inspection by an
authorized officer, when a permit is required under Sec. 660.13 or
Sec. 660.17, unless the vessel was at sea when the permit was issued
under Sec. 660.13, in which case the permit must be on board the vessel
before its next trip.
(b) File false information on any application for a fishing permit
under Sec. 660.13 or an EFP under Sec. 660.17.
(c) Fail to file reports in the exact manner required by any state
law or regulation, as required in Sec. 660.14.
(d) Falsify or fail to make, keep, maintain, or submit any logbook
or logbook form or other record or report required under Secs. 660.14
and 660.17.
(e) Refuse to make available to an authorized officer or a designee
of the Regional Director for inspection or copying, any records that
must be made available in accordance with Sec. 660.14.
(f) Fail to affix or maintain vessel or gear markings, as required
by Secs. 660.16, 660.24, and 660.47.
(g) Violate a term or condition of an EFP issued under Sec. 660.17.
(h) Fail to report any take of or interaction with protected
species as required by Sec. 660.17(k).
(i) Fish without an observer on board the vessel after the owner or
agent of the owner has been directed by NMFS to make accommodations
available for an observer under Secs. 660.17, 660.28, 660.49, or
660.65.
(j) Refuse to make accommodations available for an observer when so
directed by the Regional Director under Sec. 660.28, Sec. 660.49, or
Sec. 660.65, or under any provision in an EFP issued under Sec. 660.17.
(k) Fail to notify officials as required in Secs. 660.23, 660.28,
660.43, and 660.63.
Sec. 660.16 Vessel identification.
(a) Each fishing vessel subject to this subpart must display its
official number on the port and starboard sides of the deckhouse or
hull, and on an appropriate weather deck, so as to be visible from
enforcement vessels and aircraft.
(b) The official number must be affixed to each vessel subject to
this subpart and subparts C, D, E, and F of this part, in block Arabic
numerals at least 18 inches (45.7 cm) in height for fishing and
receiving vessels of 65 ft (19.8 m) LOA or longer, and at least 10
inches (25.4 cm) in height for all other vessels, except vessels
subject to Subpart F and 65 ft (19.8 m) LOA or longer must be marked in
block Arabic numerals at least 14 inches (35.6 cm) in height. Marking
must be legible and of a color that contrasts with the background.
(c) The vessel operator must ensure that the official number is
clearly legible and in good repair.
(d) The vessel operator must ensure that no part of the vessel, its
rigging, or its fishing gear obstructs the view of the official number
from an enforcement vessel or aircraft.
Sec. 660.17 Experimental fishing.
(a) General. The Regional Director may authorize, for limited
purposes, the direct or incidental harvest of management unit species
that would otherwise be prohibited by this subpart and subparts C, D,
E, and F of this part. No experimental fishing may be conducted unless
authorized by an EFP issued by the Regional Director in accordance with
the criteria and procedures specified in this section. EFPs will be
issued without charge.
(b) Observers. No experimental fishing for crustacean management
unit species may be conducted unless an NMFS scientific observer is
aboard the vessel.
(c) Application. An applicant for an EFP must submit to the
Regional Director at least 60 days before the desired date of the EFP 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 purposes and goals of the experiment for
which an EFP is needed, including a general description of the
arrangements for disposition of all species harvested under the EFP.
(4) A statement of whether the proposed experimental fishing has
broader significance than the applicant's individual goals.
(5) For each vessel to be covered by the EFP:
(i) Vessel name.
(ii) Name, address, and telephone number of owner and operator.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(6) A description of the species (directed and incidental) to be
harvested under the EFP and the amount of such harvest necessary to
conduct the experiment.
(7) For each vessel covered by the EFP, the approximate times and
places fishing will take place, and the type, size, and amount of gear
to be used.
(8) The signature of the applicant.
(d) Incomplete applications. The Regional Director may request from
an applicant additional information necessary to make the
determinations required under this section. An applicant will be
notified of an incomplete application within 10 working days of receipt
of the application. An incomplete application will not be considered
until corrected in writing.
(e) Issuance. (1) If an application contains all of the required
information, NMFS will publish a notice of receipt of the application
in the Federal Register with a brief description of the proposal and
will give interested persons an opportunity to comment. The Regional
Director will also forward copies of the application to the Council,
the USCG, and the fishery management agency of the affected state,
accompanied by the following information:
(i) The current utilization of domestic annual harvesting and
processing capacity (including existing experimental harvesting, if
any) of the directed and incidental species for which an EFP is being
requested.
(ii) A citation of the regulation or regulations that, without the
EFP, would prohibit the proposed activity.
(iii) Biological information relevant to the proposal.
(2) At a Council meeting following receipt of a complete
application, the Regional Director will consult with the Council and
the Director of the affected
[[Page 34578]]
state fishery management agency concerning the permit application. The
applicant will be notified in advance of the meeting at which the
application will be considered, and invited to appear in support of the
application, if the applicant desires.
(3) Within 5 working days after the consultation in paragraph
(e)(2) of this section, or as soon as practicable thereafter, NMFS will
notify the applicant in writing of the decision to grant or deny the
EFP and, if denied, the reasons for the denial. Grounds for denial of
an EFP include, but are not limited to, the following:
(i) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with his or her application.
(ii) According to the best scientific information available, the
harvest to be conducted under the permit would detrimentally affect any
species of fish in a significant way.
(iii) Issuance of the EFP would inequitably allocate fishing
privileges among domestic fishermen or would have economic allocation
as its sole purpose.
(iv) Activities to be conducted under the EFP would be inconsistent
with the intent of this section or the management objectives of the
FMP.
(v) The applicant has failed to demonstrate a valid justification
for the permit.
(vi) The activity proposed under the EFP would create a significant
enforcement problem.
(4) The decision to grant or deny an EFP is final and unappealable.
If the permit is granted, NMFS will publish a notice in the Federal
Register describing the experimental fishing to be conducted under the
EFP. The Regional Director may attach terms and conditions to the EFP
consistent with the purpose of the experiment including, but not
limited to:
(i) The maximum amount of each species that can be harvested and
landed during the term of the EFP, including trip limits, where
appropriate.
(ii) The number, sizes, names, and identification numbers of the
vessels authorized to conduct fishing activities under the EFP.
(iii) The times and places where experimental fishing may be
conducted.
(iv) The type, size, and amount of gear which may be used by each
vessel operated under the EFP.
(v) The condition that observers be carried aboard vessels
operating under an EFP.
(vi) Data reporting requirements.
(vii) Such other conditions as may be necessary to assure
compliance with the purposes of the EFP consistent with the objectives
of the FMP.
(f) Duration. Unless otherwise specified in the EFP or a
superseding notice or regulation, an EFP is effective for no longer
than 1 year, unless revoked, suspended, or modified. EFPs may be
renewed following the application procedures in this section.
(g) Alteration. Any EFP that has been altered, erased, or mutilated
is invalid.
(h) Transfer. EFPs issued under subparts B through F of this part
are not transferable or assignable. An EFP is valid only for the
vessel(s) for which it is issued.
(i) Inspection. Any EFP issued under subparts B through F of this
part must be carried aboard the vessel(s) for which it was issued. The
EFP must be presented for inspection upon request of any authorized
officer.
(j) Sanctions. Failure of the holder of an EFP to comply with the
terms and conditions of an EFP, the provisions of subparts A through F
of this part, any other applicable provision of this part, the Magnuson
Act, or any other regulation promulgated thereunder, is grounds for
revocation, suspension, or modification of the EFP with respect to all
persons and vessels conducting activities under the EFP. Any action
taken to revoke, suspend, or modify an EFP will be governed by 15 CFR
part 904 subpart D. Other sanctions available under the statute will be
applicable.
(k) Protected species. Persons fishing under an EFP must report any
incidental take or fisheries interaction with protected species on a
form provided for that purpose. Reports must be submitted to the
Regional Director within 3 days of arriving in port.
Subpart C--Western Pacific Pelagic Fisheries
Sec. 660.21 Permits.
(a) A fishing vessel of the United States must be registered for
use under a Hawaii longline limited access permit or a longline general
permit if that vessel is used:
(1) To fish for Pacific pelagic management unit species using
longline gear in the EEZ around American Samoa, Guam, the Northern
Mariana Islands, or other U.S. island possessions in the Pacific Ocean;
or
(2) To land or transship, shoreward of the outer boundary of the
EEZ around American Samoa, Guam, the Northern Mariana Islands, or other
U.S. island possessions in the Pacific Ocean, Pacific pelagic
management unit species that were harvested with longline gear.
(b) A fishing vessel of the United States must be registered for
use under a Hawaii longline limited access permit if that vessel is
used:
(1) To fish for Pacific pelagic management unit species using
longline gear in the EEZ around Hawaii; or
(2) To land or transship, shoreward of the outer boundary of the
EEZ around Hawaii, Pacific pelagic management unit species that were
harvested with longline gear.
(c) A receiving vessel must be registered for use with a receiving
vessel permit if that vessel is used to land or transship, shoreward of
the outer boundary of the fishery management area, Pacific pelagic
management unit species that were harvested with longline gear.
(d) Any required permit must be on board the vessel and available
for inspection by an authorized agent, except that if the permit was
issued while the vessel was at sea, this requirement applies only to
any subsequent trip.
(e) A permit is valid only for the vessel for which it is
registered. A permit not registered for use with a particular vessel
may not be used.
(f) An application for a permit required under this section will be
submitted to the Pacific Area Office as described inSec. 660.13.
(g) General requirements governing application information,
issuance, fees, expiration, replacement, transfer, alteration, display,
and sanctions for permits issued under this section, as applicable, are
contained in Sec. 660.13.
(h) A limited access permit may be transferred as follows:
(1) The owner of a Hawaii longline limited access permit may apply
to transfer the permit:
(i) To a different person for registration for use with the same or
another vessel; or
(ii) For registration for use with another U.S. vessel under the
same ownership.
(2) An application for a permit transfer will be submitted to the
Pacific Area Office as described in Sec. 660.13(c).
(i) A Hawaii longline limited access permit will not be registered
for use with a vessel that has a LOA greater than 101 ft (30.8 m).
(j) Only a person eligible to own a documented vessel under the
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or
otherwise) a Hawaii longline limited access permit.
(k) Except as provided in subpart D of 15 CFR part 904, any
applicant for a permit or any permit owner may appeal to the Regional
Director the granting, denial, conditioning, suspension, or
[[Page 34579]]
transfer of a permit or requested permit under this section. To be
considered by the Regional Director, the appeal will be in writing,
will state the action(s) appealed, and the reasons therefor, and will
be submitted within 30 days of the action(s) by the FMD. The appellant
may request an informal hearing on the appeal.
(1) Upon receipt of an appeal authorized by this section, the
Regional Director may request additional information. Upon receipt of
sufficient information, the Regional Director will decide the appeal in
accordance with the criteria set out in this part and in the Fishery
Management Plans prepared by the Council, as appropriate, based upon
information relative to the application on file at NMFS and the Council
and any additional information available; the summary record kept of
any hearing and the hearing officer's recommended decision, if any, as
provided in paragraph (k)(3) of this section; and such other
considerations as deemed appropriate. The Regional Director will notify
the appellant of the decision and the reasons therefor, in writing,
normally within 30 days of the receipt of sufficient information,
unless additional time is needed for a hearing.
(2) If a hearing is requested, or if the Regional Director
determines that one is appropriate, the Regional Director may grant an
informal hearing before a hearing officer designated for that purpose.
Such a hearing normally shall be held no later than 30 days following
receipt of the appeal, unless the hearing officer extends the time. The
appellant and, at the discretion of the hearing officer, other
interested persons, may appear personally or be represented by counsel
at the hearing and submit information and present arguments as
determined appropriate by the hearing officer. Within 30 days of the
last day of the hearing, the hearing officer shall recommend, in
writing, a decision to the Regional Director.
(3) The Regional Director may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
In any event, the Regional Director will notify the appellant, and
interested persons, if any, of the decision, and the reason(s)
therefor, in writing, within 30 days of receipt of the hearing
officer's recommended decision. The Regional Director's action shall
constitute final Agency action for the purposes of the APA.
(4) Any time limit prescribed in this section may be extended for a
period not to exceed 30 days by the Regional Director for good cause,
either upon his/her own motion or upon written request from the
appellant stating the reason(s) therefor.
Sec. 660.22 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) Fish for Pacific pelagic management unit species using gear
prohibited under Sec. 660.30 or not permitted by an EFP issued under
Sec. 660.17.
(b) Falsify or fail to make and/or file all reports of Pacific
pelagic management unit species landings, containing all data and in
the exact manner, as required by applicable state law or regulation, as
specified in Sec. 660.3, provided that the person is required to do so
by applicable state law or regulation.
(c) Use a longline vessel without a valid longline general permit
or a Hawaii longline limited access permit registered for use with that
vessel, to fish for Pacific pelagic management unit species in the EEZ
around American Samoa, Guam, the Northern Mariana Islands, or U.S.
possessions in the Pacific Ocean area.
(d) Use a longline fishing vessel without a valid Hawaii longline
limited access permit registered for use with that vessel to fish for
Pacific pelagic management unit species in the EEZ around Hawaii.
(e) Use a receiving vessel without a valid receiving vessel permit
registered for use with that vessel to land or transship, shoreward of
the outer boundary of the fishery management area, Pacific pelagic
management unit species harvested with longline gear.
(f) Transfer a permit in violation of Sec. 660.21(h).
(g) Fish for Pacific pelagic management unit species with longline
gear within the protected species zone in the NWHI.
(h) Fail to notify the NMFS Southwest Enforcement Office of intent
to enter or depart the protected species zone, as required under
Sec. 660.23(b).
(i) Fish with longline gear within a longline fishing prohibited
area, except as allowed pursuant to an exemption issued under
Sec. 660.17 or Sec. 660.17.
(j) Fail to comply with notification requirements set forth in
Sec. 660.23 or in any EFP issued under Sec. 660.17.
(k) Fail to comply with a term or condition governing the observer
program established in Sec. 660.28.
(l) Fail to comply with other terms and conditions that the
Regional Director imposes by written notice to either the permit holder
or the designated agent of the permit holder to facilitate the details
of observer placement.
(m) Fish in the fishery after failing to comply with the
notification requirements in Sec. 660.23.
(n) Use a U.S. vessel that has longline gear on board and that does
not have a valid Hawaii longline limited access permit registered for
use with that vessel or a valid longline general permit registered for
use with that vessel to land or transship Pacific pelagic management
unit species shoreward of the outer boundary of the EEZ around American
Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the
Pacific Ocean area.
(o) Use a U.S. vessel that has longline gear on board and that does
not have a valid Hawaii longline limited access permit registered for
use with that vessel to land or transship Pacific pelagic management
unit species shoreward of the outer boundary of the EEZ around Hawaii.
(p) Enter the EEZ around Hawaii with longline gear that is not
stowed or secured in accordance with Sec. 660.29, if operating a U.S.
vessel without a valid Hawaii longline limited access permit registered
for use with that vessel.
(q) Enter the EEZ around American Samoa, Guam, the Northern Mariana
Islands, or U.S. possessions in the Pacific Ocean area with longline
gear that is not stowed or secured in accordance with Sec. 660.29, if
operating a U.S. vessel without a valid Hawaii longline limited access
permit registered for use with that vessel or a longline general permit
registered for use with that vessel.
(r) Fail to carry a VMS unit as required under Sec. 660.25.
(s) Interfere with, tamper with, alter, damage, disable, or impede
the operation of a VMS unit or to attempt any of the same; or to move
or remove a VMS unit without the prior permission of the SAC.
(t) Make a false statement, oral or written, to an authorized
officer, regarding the use, operation, or maintenance of a VMS unit.
(u) Fish for, catch, or harvest Pacific pelagic management unit
species with longline gear without a VMS unit on board the vessel after
installation of the VMS unit by NMFS.
(v) Possess on board a vessel without a VMS unit Pacific pelagic
management unit species harvested with longline gear after NMFS has
installed the VMS unit on the vessel.
(w) Interfere with, impede, delay, or prevent the installation,
maintenance, repair, inspection, or removal of a VMS unit.
[[Page 34580]]
(x) Interfere with, impede, delay, or prevent access to a VMS unit
by a NMFS observer.
(y) Connect or leave connected additional equipment to a VMS unit
without the prior approval of the SAC.
Sec. 660.23 Notifications.
(a) The permit holder for a fishing vessel subject to the
requirements of this subpart, or an agent designated by the permit
holder, shall provide a notice to the Regional Director at least 72
hours (not including weekends and Federal holidays) before the vessel
leaves port on a fishing trip, any part of which occurs in the EEZ
around Hawaii. The vessel operator will be presumed to be an agent
designated by the permit holder unless the Regional Director is
otherwise notified by the permit holder. The notice must be provided to
the office or telephone number designated by the Regional Director. The
notice must provide the official number of the vessel, the name of the
vessel, the intended departure date, time, and location, the name of
the operator of the vessel, and the name and telephone number of the
agent designated by the permit holder to be available between 8:00 a.m.
to 5 p.m. (Hawaii time) on weekdays for NMFS to contact to arrange
observer placement.
(b) The operator of any vessel subject to the requirements of this
subpart who does not have on board a VMS unit while transiting the
protected species zone as defined in Sec. 660.12, must notify the NMFS
Southwest Enforcement Office (see part 600 for address of Regional
Director) immediately upon entering and immediately upon departing the
protected species zone. The notification must include the name of the
vessel, name of the operator, date and time (GMT) of access or exit
from the protected species zone, and location by latitude and longitude
to the nearest minute.
Sec. 660.24 Gear identification.
(a) Identification. The operator of each permitted vessel in the
fishery management area must ensure that the official number of the
vessel be affixed to every longline buoy and float, including each buoy
and float that is attached to a radar reflector, radio antenna, or flag
marker, whether attached to a deployed longline or possessed on board
the vessel. Markings must be legible and permanent, and must be of a
color that contrasts with the background material.
(b) Enforcement action. Longline gear not marked in compliance with
paragraph (a) of this section and found deployed in the EEZ will be
considered unclaimed or abandoned property, and may be disposed of in
any manner considered appropriate by NMFS or an authorized officer.
Sec. 660.25 Vessel monitoring system.
(a) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS
complies with the requirement of this subpart.
(b) Notification. After a Hawaii longline limited access permit
holder has been notified by the SAC of a specific date for installation
of a VMS unit in the permit holder's vessel, the vessel must carry the
VMS unit after the date scheduled for installation.
(c) Fees and charges. During the experimental VMS program, a Hawaii
longline limited access permit holder shall not be assessed any fee or
other charges to obtain and use a VMS unit, including the communication
charges related directly to requirements under this section.
Communication charges related to any additional equipment attached to
the VMS unit by the owner or operator shall be the responsibility of
the owner or operator and not NMFS.
(d) Permit holder duties. The holder of a Hawaii longline limited
access permit and the master of the vessel operating under the permit
must:
(1) Provide opportunity for the SAC to install and make operational
a VMS unit after notification.
(2) Carry the VMS unit on board whenever the vessel is at sea.
(3) Not remove or relocate the VMS unit without prior approval from
the SAC.
(e) Authorization by the SAC. The SAC has authority over the
installation and operation of the VMS unit. The SAC may authorize the
connection or order the disconnection of additional equipment,
including a computer, to any VMS unit when deemed appropriate by the
SAC.
Sec. 660.26 Longline fishing prohibited area management.
(a) Prohibited areas. Longline fishing shall be prohibited in the
longline fishing prohibited areas as defined in paragraphs (b), (c),
and (d) of this section.
(b) Longline protected species zone. The protected species zone is
50 nm from the center geographical positions of Nihoa Island, Necker
Island, French Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan
Island, Lisianski Island, Pearl and Hermes Reef, Midway Islands, and
Kure Island, as defined in Sec. 660.12.
(c) Main Hawaiian Islands. (1) From February 1 through September 30
each year, the longline fishing prohibited area around the main
Hawaiian Islands is the portion of the EEZ seaward of Hawaii bounded by
straight lines connecting the following coordinates in the order
listed:
------------------------------------------------------------------------
Point N. lat. DW. long.
------------------------------------------------------------------------
A................................... 18 deg.05' 155 deg.40'
B................................... 18 deg.20' 156 deg.25'
C................................... 20 deg.00' 157 deg.30'
D................................... 20 deg.40' 161 deg.40'
E................................... 21 deg.40' 161 deg.55'
F................................... 23 deg.00' 161 deg.30'
G................................... 23 deg.05' 159 deg.30'
H................................... 22 deg.55' 157 deg.30'
I................................... 21 deg.30' 155 deg.30'
J................................... 19 deg.50' 153 deg.50'
K................................... 19 deg.00' 154 deg.05'
A................................... 18 deg.05' 155 deg.40'
------------------------------------------------------------------------
(2) From October 1 through the following January 31 each year, the
longline fishing prohibited area around the main Hawaiian Islands is
the portion of the EEZ seaward of Hawaii bounded by straight lines
connecting the following coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
A................................... 18 deg.05' 155 deg.40'
L................................... 18 deg.25' 155 deg.40'
M................................... 19 deg.00' 154 deg.45'
N................................... 19 deg.15' 154 deg.25'
O................................... 19 deg.40' 154 deg.20'
P................................... 20 deg.20' 154 deg.55'
Q................................... 20 deg.35' 155 deg.30'
R................................... 21 deg.00' 155 deg.35'
S................................... 22 deg.30' 157 deg.35'
T................................... 22 deg.40' 159 deg.35'
U................................... 22 deg.25' 160 deg.20'
V................................... 21 deg.55' 160 deg.55'
W................................... 21 deg.40' 161 deg.00'
E................................... 21 deg.40' 161 deg.55'
D................................... 20 deg.40' 161 deg.40'
C................................... 20 deg.00' 157 deg.30'
B................................... 18 deg.20' 156 deg.25'
A................................... 18 deg.05' 155 deg.40'
------------------------------------------------------------------------
(d) Guam. The longline fishing prohibited area around Guam is the
waters seaward of Guam bounded by straight lines connecting the
following coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. E. long.
------------------------------------------------------------------------
A................................... 14 deg.25' 144 deg.00'
B................................... 14 deg.00' 143 deg.38'
C................................... 13 deg.41' 144 deg.33'30''
D................................... 13 deg.00' 143 deg.25'30''
E................................... 12 deg.20' 143 deg.37'
F................................... 11 deg.40' 144 deg.09'
G................................... 12 deg.00' 145 deg.00'
H................................... 13 deg.00' 145 deg.42'
I................................... 13 deg.27' 145 deg.51'
------------------------------------------------------------------------
Sec. 660.27 Exemptions for longline fishing prohibited areas;
procedures.
(a) An exemption permitting a person to use longline gear to fish
in a portion(s) of the Hawaii longline fishing
[[Page 34581]]
prohibited area will be issued to a person who can document that he or
she:
(1) Currently owns a Hawaii longline limited access permit issued
under this part and registered for use with his or her vessel.
(2) Before 1970, was the owner or operator of a vessel when that
vessel landed Pacific pelagic management unit species taken on longline
gear in an area that is now within the Hawaii longline fishing
prohibited area.
(3) Was the owner or operator of a vessel that landed Pacific
pelagic management unit species taken on longline gear in an area that
is now within the Hawaii longline fishing prohibited area, in at least
5 calendar years after 1969, which need not be consecutive.
(4) In any one of the 5 calendar years, was the owner or operator
of a vessel that harvested at least 80 percent of its total landings,
by weight, of longline-caught Pacific pelagic management unit species
in an area that is now in the Hawaii longline fishing prohibited area.
(b) Each exemption shall specify the portion(s) of the Hawaii
longline fishing prohibited area, bounded by longitudinal and
latitudinal lines drawn to include each statistical area, as appearing
on Hawaii State Commercial Fisheries Charts, in which the exemption
holder made the harvest documented for the exemption application under
paragraph (a)(4) of this section.
(c) Each exemption is valid only within the portion(s) of the
Hawaii longline fishing prohibited area specified on the exemption.
(d) A person seeking an exemption under this section must submit an
application and supporting documentation to the Pacific Area Office at
least 15 days before the desired effective date of the exemption.
(e) If the Regional Director determines that a gear conflict has
occurred and is likely to occur again in the Hawaii longline fishing
prohibited area between a vessel used by a person holding an exemption
under this section and a non-longline vessel, the Regional Director may
prohibit all longline fishing in the Hawaii longline fishing prohibited
area around the island where the conflict occurred, or in portions
thereof, upon notice to each holder of an exemption who would be
affected by such a prohibition.
(f) The Council will consider information provided by persons with
Hawaii longline limited access permits issued under this part who
believe they have experienced extreme financial hardship resulting from
the Hawaii longline area closure, and will consider recommendations of
the Pelagic Advisory Review Board to assess whether exemptions under
this section should continue to be allowed, and, if appropriate, revise
the qualifying criteria in paragraph (a) of this section to permit
additional exemptions.
(1) If additional exemptions are needed, the Council will advise
the Regional Director in writing of its recommendation, including
criteria by which financial hardships will be mitigated, while
retaining the effectiveness of the longline fishing prohibited area.
(2) Following a review of the Council's recommendation and
supporting rationale, the Regional Director may:
(i) Reject the Council's recommendation, in which case written
reasons will be provided by the Regional Director to the Council for
the rejection; or
(ii) Concur with the Council's recommendation and, after finding
that it is consistent with the goals and objectives of the Pelagics
FMP, the national standards, and other applicable law, initiate
rulemaking to implement the Council's recommendations.
Sec. 660.28 Conditions for at-sea observer coverage.
(a) NMFS shall advise the permit holder or the designated agent of
any observer requirement at least 24 hours (not including weekends and
Federal holidays) before any trip for which NMFS received timely notice
in compliance with these regulations.
(b) The ``Notice Prior to Fishing Trip'' requirements in this
subpart commit the permit holder to the representations in the notice.
The notice can be modified by the permit holder or designated agent
because of changed circumstance, if the Regional Director is promptly
provided a modification to the notice that complies with the notice
requirements. The notice will also be considered modified if the
Regional Director and the permit holder or designated agent agree to
placement changes.
(c) When NMFS notifies the permit holder or designated agent of the
obligation to carry an observer in response to a notification under
this subpart, or as a condition of an EFP issued under Sec. 660.17, the
vessel may not engage in the fishery without taking the observer.
(d) A NMFS observer shall arrive at the observer's assigned vessel
30 minutes before the time designated for departure in the notice or
the notice as modified, and will wait 1 hour for departure.
(e) A permit holder must accommodate a NMFS observer assigned under
these regulations. The Regional Director's office, and not the
observer, will address any concerns raised over accommodations.
(f) The permit holder, vessel operator, and crew must cooperate
with the observer in the performance of the observer's duties,
including:
(1) Allowing for the embarking and debarking of the observer.
(2) Allowing the observer access to all areas of the vessel
necessary to conduct observer duties.
(3) Allowing the observer access to communications equipment and
navigation equipment as necessary to perform observer duties.
(4) Allowing the observer access to VMS units to verify operation,
obtain data, and use the communication capabilities of the units for
official purposes.
(5) Providing accurate vessel locations by latitude and longitude
or loran coordinates, upon request by the observer.
(6) Providing sea turtle, marine mammal, or sea bird specimens as
requested.
(7) Notifying the observer in a timely fashion when commercial
fishing operations are to begin and end.
(g) The permit holder, operator, and crew must comply with other
terms and conditions to ensure the effective deployment and use of
observers that the Regional Director imposes by written notice.
(h) The permit holder must ensure that assigned observers are
provided living quarters comparable to crew members and are provided
the same meals, snacks, and amenities as are normally provided to other
vessel personnel. A mattress or futon on the floor or a cot is not
acceptable if a regular bunk is provided to any crew member, unless
other arrangements are approved in advance by the Regional Director.
(i) Reimbursement requirements are as follows:
(1) Upon observer verification of vessel accommodations and the
number of assigned days on board, NMFS will reimburse vessel owners a
reasonable amount for observer subsistence as determined by the
Regional Director.
(2) If requested and properly documented, NMFS will reimburse the
vessel owner for the following:
(i) Communications charges incurred by the observer.
(ii) Lost fishing time arising from a seriously injured or
seriously ill observer, provided that notification of the nature of the
emergency is
[[Page 34582]]
transmitted to the Fisheries Observer Branch, Southwest Region, NMFS
(see address for Southwest Regional Director) at the earliest practical
time. NMFS will reimburse the owner only for those days during which
the vessel is unable to fish as a direct result of helping the NMFS
employee who is seriously injured or seriously ill. Lost fishing time
is based on time travelling to and from the fishing grounds and any
documented out-of-pocket expenses for medical services. Payment will be
based on the current target fish market prices and that vessel's
average target fish catch retained per day at sea for the previous 2
years, but shall not exceed $5,000 per day or $20,000 per claim.
Detailed billing with receipts and supporting records are required for
allowable communication and lost fishing time claims. The claim must be
completed in ink, showing the claimant's printed name, address, vessel
name, observer name, trip dates, days observer on board, an explanation
of the charges, and claimant's dated signature with a statement
verifying the claim to be true and correct. Requested reimbursement
claims must be submitted to the Fisheries Observer Branch, Southwest
Region, NMFS. NMFS will not process reimbursement invoices and
documentation submitted more than 120 days after the occurrence.
(j) If a vessel normally has cabins for crew members, female
observers on a vessel with an all-male crew must be accommodated either
in a single person cabin or, if NMFS concludes that adequate privacy
can be ensured by installing a curtain or other temporary divider, in a
two-person shared cabin. If the vessel normally does not have cabins
for crew members, alternative accommodations must be approved by NMFS.
If a cabin assigned to a female observer does not have its own toilet
and shower facilities that can be provided for the exclusive use of the
observer, or if no cabin is assigned, then arrangements for sharing
common facilities must be established and approved in advance by NMFS.
Sec. 660.29 Port privileges and transiting for unpermitted U.S.
longline vessels.
A U.S. longline fishing vessel that does not have a permit under
subpart B of this part may enter waters of the fishery management area
with Pacific pelagic management unit species on board, but may not land
or transship any management unit species on board the vessel. The
vessel's longline gear must be stowed or secured so it is rendered
unusable during the time the vessel is in those waters.
Sec. 660.30 Prohibition of drift gillnetting.
Fishing with drift gillnets in the fishery management area is
prohibited, except where authorized by an EFP issued under Sec. 660.17.
Sec. 660.31 Framework adjustments to management measures.
(a) Introduction. Adjustments in management measures may be made
through rulemaking if new information demonstrates that there are
biological, social, or economic concerns in the fishery. The following
framework process authorizes the implementation of measures that may
affect the operation of the fisheries, gear, harvest guidelines, or
changes in catch and/or effort.
(b) Annual report. By June 30 of each year, the Council-appointed
Pelagics Plan Team will prepare an annual report on the fisheries in
the management area. The report shall contain, among other things,
recommendations for Council action and an assessment of the urgency and
effects of such action(s).
(c) Procedure for established measures. (1) Established measures
are management measures that, at some time, have been included in
regulations implementing the FMP, and for which the impacts have been
evaluated in Council/NMFS documents in the context of current
conditions.
(2) Following the framework procedures of Amendment 7 to the
Pelagics FMP, the Council may recommend to the Regional Director that
established measures be modified, removed, or re-instituted. Such
recommendation shall include supporting rationale and analysis, and
shall be made after advance public notice, public discussion, and
consideration of public comment. NMFS may implement the Council's
recommendation by rulemaking if approved by the Regional Director.
(d) Procedure for new measures. (1) New measures are management
measures that have not been included in regulations implementing the
FMP, or for which the impacts have not been evaluated in Council/NMFS
documents in the context of current conditions.
(2) Following the framework procedures of Amendment 7 to the
Pelagics FMP, the Council will publicize, including by Federal Register
notice, and solicit public comment on, any proposed new management
measure. After a Council meeting at which the measure is discussed, the
Council will consider recommendations and prepare a Federal Register
notice summarizing the Council's deliberations, rationale, and analysis
for the preferred action, and the time and place for any subsequent
Council meeting(s) to consider the new measure. At subsequent public
meeting(s), the Council will consider public comments and other
information received to make a recommendation to the Regional Director
about any new measure. NMFS may implement the Council's recommendation
by rulemaking if approved by the Regional Director.
Subpart D--Western Pacific Crustacean Fisheries
Sec. 660.41 Permits.
(a) Applicability. (1) The owner of any vessel used to fish for
lobster in Permit Area 1 must have a limited access permit issued for
such vessel. Only one permit will be assigned to any vessel.
(2) The owner of any vessel used to fish for lobster in Permit Area
2 or Permit Area 3, must have a permit issued for such a vessel.
(3) No vessel owner will have permits for a single vessel to
harvest lobsters in Permit Areas 1 and 2 at the same time.
(4) A limited access permit is valid for fishing only in Permit
Area 1.
(b) General requirements. General requirements governing
application information, issuance, fees, expiration, replacement,
transfer, alteration, display, sanctions, and appeals for permits
issued under this section, as applicable, are contained in Sec. 660.13.
(c) Application. An application for a permit required under this
section will be submitted to the Pacific Area Office as described in
Sec. 660.13. If the application for a limited access permit is
submitted on behalf of a partnership or corporation, the application
must be accompanied by a supplementary information sheet obtained from
the Pacific Area Office and contain the names and mailing addresses of
all partners or shareholders and their respective percentage of
ownership in the partnership or corporation.
(d) Number of permits. A maximum of 15 limited access permits can
be valid at any time.
(e) Transfer or sale of limited access permits. (1) Permits may be
transferred or sold, but no one individual, partnership, or corporation
will be allowed to hold a whole or partial interest in more than one
permit, except that an owner who qualifies initially for more than one
permit may maintain those permits, but may not obtain additional
permits. Layering of partnerships or corporations shall not insulate a
permit holder from this requirement.
(2) If 50 percent or more of the ownership of a limited access
permit is passed to persons other than those listed
[[Page 34583]]
on the permit application, the Pacific Area Office must be notified of
the change in writing and provided copies of the appropriate documents
confirming the changes within 30 days.
(3) Upon the transfer or sale of a limited access permit, a new
application must be submitted by the new permit owner according to the
requirements of Sec. 660.13. The transferred permit is not valid until
this process is completed.
(f) Replacement of a vessel covered by a limited access permit. A
limited access permit issued under this section may, without limitation
as to frequency, be transferred by the permit holder to a replacement
vessel owned by that person.
(g) Issuance of limited access permits to future applicants.
(1) The Regional Director may issue limited access permits under
this section when fewer than 15 vessel owners hold active permits.
(2) When the Regional Director has determined that limited access
permits may be issued to new persons, a notice shall be placed in the
Federal Register, and other means will be used to notify prospective
applicants of the opportunity to obtain permits under the limited
access management program.
(3) A period of 90 days will be provided after publication of the
Federal Register notice for submission of new applications for a
limited access permit.
(4) Limited access permits issued under this paragraph (g) will be
issued first to applicants qualifying under paragraph (g)(4)(i) of this
section. If the number of limited access permits available is greater
than the number of applicants that qualify under paragraph (g)(4)(i) of
this section, then limited access permits will be issued to applicants
under paragraph (g)(4)(ii) of this section.
(i) First priority to receive limited access permits under this
paragraph (g) goes to owners of vessels that were used to land lobster
from Permit Area 1 during the period 1983 through 1990, and who were
excluded from the fishery by implementation of the limited access
system. If there are insufficient permits for all such applicants, the
new permits shall be issued by the Regional Director through a lottery.
(ii) Second priority to receive limited access permits under
paragraph (g) goes to owners with the most points, based upon a point
system. If two or more owners have the same number of points and there
are insufficient permits for all such owners, the Regional Director
shall issue the permits through a lottery. Under the point system,
limited access permits will be issued, in descending order, beginning
with owners who have the most points and proceeding to owners who have
the least points, based on the following:
(A) Three points shall be assigned for each calendar year after
August 8, 1985, that the applicant was the operator of a vessel that
was used to land lobster from Permit Area 1.
(B) Two points shall be assigned for each calendar year or partial
year after August 8, 1985, that the applicant was the owner, operator,
or crew member of a vessel engaged in either commercial fishing in
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other
than lobster with an intention to sell all or part of the catch.
(C) One point shall be assigned for each calendar year or partial
year after August 8, 1985, that the applicant was the owner, operator,
or crew member of a vessel engaged in any other commercial fishing in
the EEZ surrounding Hawaii.
(5) A holder of a new limited access permit must own at least a 50-
percent share in the vessel that the permit would cover.
Sec. 660.42 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter and Sec. 660.16, it is unlawful for any person to do
any of the following:
(a) In Permit Area 1, it is unlawful for any person to--
(1) Fish for, take, or retain lobsters--
(i) Without a limited access permit issued under Sec. 660.41;
(ii) By methods other than lobster traps or by hand for lobsters,
as specified in Sec. 660.48;
(iii) From closed areas for lobsters, as specified in Sec. 660.46;
(iv) During a closed season, as specified in Sec. 660.45; or
(v) After the closure date, as specified in Sec. 660.50, and until
the fishery opens again in the following calendar year.
(2) Fail to report before landing or offloading as specified in
Sec. 660.43.
(3) Fail to comply with any protective measures implemented under
Sec. 660.51 or Sec. 660.52.
(4) Possess on a fishing vessel in the crustaceans fishery
management area any lobster trap when fishing for lobster is prohibited
as specified in Secs. 660.45, 660.50, 660.51, or 660.52.
(5) Leave a trap unattended in the Management Area except as
provided in Sec. 660.48.
(6) Maintain on board the vessel or in the water more than 1,200
traps per fishing vessel, of which no more than 1,100 can be assembled
traps, as specified in Sec. 660.48.
(7) Land lobsters taken in Permit Area 1 after the closure date, as
specified in Sec. 660.50, until the fishery opens again the following
year.
(8) Refuse to make available to an authorized officer and employee
of NMFS designated by the Regional Director for inspection and copying
any records that must be made available in accordance with
Sec. 660.14(f)(2).
(b) In Permit Area 2, it is unlawful for any person to--
(1) Fish for, take, or retain lobsters--
(i) By methods other than lobster traps or by hand, as specified in
Sec. 660.48; or
(ii) During a closed season, as specified in Sec. 660.45(b).
(2) Retain or possess on a fishing vessel any lobster taken in
Permit Area 2 that is less than the minimum size specified in
Sec. 660.44.
(3) Possess on a fishing vessel any lobster or lobster part taken
in Permit Area 2 in a condition where the lobster is not whole and
undamaged as specified in Sec. 660.44.
(4) Retain or possess on a fishing vessel, or remove the eggs from,
any egg-bearing lobster, as specified in Sec. 660.44.
Sec. 660.43 Notifications.
(a) The operator of any vessel subject to the requirements of this
subpart must:
(1) Report, not less than 24 hours, but not more than 36 hours,
before landing, the port, the approximate date and the approximate time
at which spiny and slipper lobsters will be landed.
(2) Report, not less than 6 hours and not more than 12 hours before
offloading, the location and time that offloading of spiny and slipper
lobsters will begin.
(b) The Regional Director will notify permit holders of any change
in the reporting method and schedule required in paragraphs (a)(1) and
(2) of this section at least 30 days prior to the opening of the
fishing season.
Sec. 660.44 Lobster size and condition restrictions--Permit Area 2.
(a) Only spiny lobsters with a carapace length of 8.26 cm or
greater may be retained (see Figure 3 of this subpart).
(b) Any lobster with a punctured or mutilated body, or a separated
carapace and tail, may not be retained.
(c) A female lobster of any size may not be retained if it is
carrying eggs externally. Eggs may not be removed from female lobsters.
Sec. 660.45 Closed seasons.
(a) Lobster fishing is prohibited in Permit Area 1 during the
months of January through June, inclusive.
(b) Lobster fishing is prohibited in Permit Area 2 during the
months of June, July, and August.
[[Page 34584]]
Sec. 660.46 Closed areas.
All lobster fishing is prohibited:
(a) Within 20 nm of Laysan Island.
(b) Within the EEZ landward of the 10-fathom curve as depicted on
National Ocean Survey Charts, Numbers 19022, 19019, and 19016.
Sec. 660.47 Gear identification.
In Permit Area 1, the vessel's official number must be marked
legibly on all traps and floats maintained on board the vessel or in
the water by that vessel.
Sec. 660.48 Gear restrictions.
(a) Permit Area 1. (1) Lobsters may be taken only with lobster
traps or by hand. Lobsters may not be taken by means of poisons, drugs,
other chemicals, spears, nets, hook, or explosives.
(2) The smallest opening of an entry way of any lobster trap may
not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in
diameter to pass from outside the trap to inside the trap.
(3) Each lobster trap must have a minimum of two escape vent panels
that meet the following requirements:
(i) Panels must have at least four unobstructed circular holes no
smaller than 67 mm in diameter, with centers at least 82 mm apart.
(ii) The lowest part of any opening in an escape vent panel must
not be more than 85 mm above the floor of the trap.
(iii) Panels must be placed opposite one another in each trap.
(4) A vessel fishing for or in possession of lobster in any permit
area may not have on board the vessel any trap that does not meet the
requirements of paragraphs (a)(1), (2), and (3) of this section.
(5) A maximum of 1,200 traps per vessel may be maintained on board
or in the water, provided that no more than 1,100 assembled traps are
maintained on board or in the water. If more than 1,100 traps are
maintained, the unassembled traps may be carried as spares only, in
order to replace assembled traps that may be lost or become unusable.
(6) Traps shall not be left unattended in any permit area, except
in the event of an emergency, in which case the vessel operator must
notify the NMFS Law Enforcement Office of the emergency that
necessitated leaving the traps on the grounds, and the location and
number of the traps, within 24 hours after the vessel reaches port.
(b) Permit Area 2. Lobsters may be taken only with lobster traps or
by hand. Lobsters may not be taken by means of poisons, drugs, other
chemicals, spears, nets, hooks, or explosives.
Sec. 660.49 At-sea observer coverage.
All fishing vessels subject to this subpart and subpart B of this
part must carry an observer when requested to do so by the Regional
Director.
Sec. 660.50 Harvest limitation program.
(a) General. A harvest guideline for Permit Area 1 will be set
annually for the calendar year and shall:
(1) Apply to the total catch of spiny and slipper lobsters.
(2) Be expressed in terms of numbers of lobsters.
(b) Harvest guideline. (1) The Regional Director shall use
information from daily lobster catch reports and lobster sales reports
from previous years, and may use information from research sampling and
other sources, to establish the annual harvest guideline in accordance
with the FMP.
(2) NMFS shall publish a document indicating the annual harvest
guideline in the Federal Register by March 31 each year, and shall use
other means to notify permit holders of the harvest guideline for the
year.
(3) The Regional Director shall determine, on the basis of the
information reported to NMFS during the open season by the operator of
each vessel fishing, when the harvest guideline will be reached. Notice
of this determination, with a specification of the closure date after
which fishing for lobster or further landings of lobster taken in
Permit Area 1 will be prohibited, will be provided to each permit
holder and operator of each permitted vessel or announced in the
Federal Register. At least 5 days advance notice of the effective date
of the prohibition on landings will be given.
(c) Monitoring and adjustment. The operator of each vessel fishing
during the open season shall report lobster catch (by species) and
effort (number of trap hauls) data while at sea to NMFS in Honolulu.
The Regional Director shall notify permit holders of the reporting
method, schedule, and logistics at least 30 days prior to the opening
of the fishing season.
Sec. 660.51 Monk seal protective measures.
(a) General. This section establishes a procedure that will be
followed if the Regional Director receives a report of a monk seal
death that appears to be related to the lobster fishery in Permit Area
1.
(b) Notification. Upon receipt of a report of a monk seal death
that appears to be related to the lobster fishery, the Regional
Director will notify all interested parties of the facts known about
the incident. The Regional Director will also notify them that an
investigation is in progress, and that, if the investigation reveals a
threat of harm to the monk seal population, protective measures may be
implemented.
(c) Investigation. (1) The Regional Director will investigate the
incident reported and will attempt to:
(i) Verify that the incident occurred.
(ii) Determine the extent of the harm to the monk seal population.
(iii) Determine the probability of a similar incident recurring.
(iv) Determine details of the incident such as:
(A) The number of animals involved.
(B) The cause of the mortality.
(C) The age and sex of the dead animal(s).
(D) The relationship of the incident to the reproductive cycle, for
example, breeding season (March-September), non-breeding season
(October- February).
(E) The population estimates or counts of animals at the island
where the incident occurred.
(F) Any other relevant information.
(v) Discover and evaluate any extenuating circumstances.
(vi) Evaluate any other relevant factors.
(2) The Regional Director will make the results of the
investigation available to the interested parties and request their
advice and comments.
(d) Determination of relationship. The Regional Director will
review and evaluate the results of the investigation and any comments
received from interested parties. If there is substantial evidence that
the death of the monk seal was related to the lobster fishery, the
Regional Director will:
(1) Advise the interested parties of his or her conclusion and the
facts upon which it is based.
(2) Request from the interested parties their advice on the
necessity of protective measures and suggestions for appropriate
protective measures.
(e) Determination of response. The Regional Director will consider
all relevant information discovered during the investigation or
submitted by interested parties in deciding on the appropriate
response. Protective measures may include, but are not limited to,
changes in trap design, changes in gear, closures of specific areas, or
closures for specific periods of time.
(f) Action by the Regional Director. If the Regional Director
decides that protective measures are necessary and appropriate, the
Regional Director will prepare a document that describes the incident,
the protective measures
[[Page 34585]]
proposed, and the reasons for the protective measures; provide it to
the interested parties; and request their comments.
(g) Implementation of protective measures. (1) If, after completing
the steps described in paragraph (f) of this section, the Regional
Director concludes that protective measures are necessary and
appropriate, the Regional Director will recommend the protective
measures to the Assistant Administrator and provide notice of this
recommendation to the Chairman of the Council and the Director of the
Division of Aquatic Resources, Department of Land and Natural
Resources, State of Hawaii.
(2) If the Assistant Administrator concurs with the Regional
Director's recommendation, NMFS will publish an action in the Federal
Register that includes a description of the incident that triggered the
procedure described in this section, the protective measures, and the
reasons for the protective measures.
(h) Notification of ``no action.'' If, at any point in the process
described in this section, the Regional Director or Assistant
Administrator decides that no further action is required, the
interested parties will be notified of this decision.
(i) Effective dates. (1) The protective measures will take effect
10 days after the date of publication in the Federal Register.
(2) The protective measures will remain in effect for the shortest
of the following time periods:
(i) Until the Crustaceans FMP and this section are amended to
respond to the problem;
(ii) Until other action that will respond to the problem is taken
under the ESA;
(iii) Until the Assistant Administrator, following the procedures
set forth in paragraph (j) of this section, decides that the protective
measures are no longer required and repeals the measures; or
(iv) For the period of time set forth in the Federal Register
notification, not to exceed 3 months. The measures may be renewed for 3
months after again following procedures in paragraphs (b) through (g)
of this section.
(j) Repeal. (1) If the Assistant Administrator decides that
protective measures may no longer be necessary for the protection of
monk seals, the interested parties will be notified of this preliminary
decision and the facts upon which it is based. The Assistant
Administrator will request advice on the proposed repeal of the
protective measures.
(2) The Assistant Administrator will consider all relevant
information obtained by the Regional Director or submitted by
interested parties in deciding whether to repeal the protective
measures.
(3) If the Assistant Administrator decides to repeal the protective
measures--
(i) Interested parties will be notified of the decision; and
(ii) Notification of repeal and the reasons for the repeal will be
published in the Federal Register.
Sec. 660.52 Monk seal emergency protective measures.
(a) Determination of emergency. If, at any time during the process
described in Sec. 660.51, the Regional Director determines that an
emergency exists involving monk seal mortality related to the lobster
fishery and that measures are needed immediately to protect the monk
seal population, the Regional Director will--
(1) Notify the interested parties of this determination and request
their immediate advice and comments.
(2) Forward a recommendation for emergency action and any advice
and comments received from interested parties to the Assistant
Administrator.
(b) Implementation of emergency measures. If the Assistant
Administrator agrees with the recommendation for emergency action--
(1) The Regional Director will determine the appropriate emergency
protective measures.
(2) NMFS will publish the emergency protective measures in the
Federal Register.
(3) The Regional Director will notify the interested parties of the
emergency protective measures. Holders of permits to fish in Permit
Area I will be notified by certified mail. Permit holders that the
Regional Director knows are on the fishing grounds also will be
notified by radio.
(c) Effective dates. (1) Emergency protective measures are
effective against a permit holder at 12:01 a.m., local time, of the day
following the day the permit holder receives actual notice of the
measures.
(2) Emergency protective measures are effective for 10 days from
the day following the day the first permit holder is notified of the
protective measures.
(3) Emergency protective measures may be extended for an additional
10 days, if necessary, to allow the completion of the procedures set
out in Sec. 660.51.
Sec. 660.53 Framework procedures.
(a) Introduction. New management measures may be added through
rulemaking if new information demonstrates that there are biological,
social, or economic concerns in Permit Areas 1, 2, or 3. The following
framework process authorizes the implementation of measures that may
affect the operation of the fisheries, gear, harvest guidelines, or
changes in catch and/or effort.
(b) Annual report. By June 30 of each year, the Council-appointed
Crustaceans Plan Team will prepare an annual report on the fisheries in
the management area. The report shall contain, among other things,
recommendations for Council action and an assessment of the urgency and
effects of such action(s).
(c) Procedure for established measures. (1) Established measures
are management measures that, at some time, have been included in
regulations implementing the FMP, and for which the impacts have been
evaluated in Council/NMFS documents in the context of current
conditions.
(2) Following the framework procedures of Amendment 9 to the FMP,
the Council may recommend to the Regional Director that established
measures be modified, removed, or re-instituted. Such recommendation
shall include supporting rationale and analysis, and shall be made
after advance public notice, public discussion, and consideration of
public comment. NMFS may implement the Council's recommendation by
rulemaking if approved by the Regional Director.
(d) Procedure for New Measures. (1) New measures are management
measures that have not been included in regulations implementing the
FMP, or for which the impacts have not been evaluated in Council/NMFS
documents in the context of current conditions.
(2) Following the framework procedures of Amendment 9 to the FMP,
the Council will publicize, including by a Federal Register document,
and solicit public comment on, any proposed new management measure.
After a Council meeting at which the measure is discussed, the Council
will consider recommendations and prepare a Federal Register document
summarizing the Council's deliberations, rationale, and analysis for
the preferred action, and the time and place for any subsequent Council
meeting(s) to consider the new measure. At subsequent public
meeting(s), the Council will consider public comments and other
information received to make a recommendation to the Regional Director
about any new measure. NMFS may implement the Council's recommendation
by rulemaking if approved by the Regional Director.
[[Page 34586]]
Sec. 660.54 Five-year review.
The Council, in cooperation with NMFS, will conduct a review of the
effectiveness and impacts of the NWHI management program, including
biological, economic, and social aspects of the fishery, by July 1,
2001.
Subpart E--Bottomfish and Seamount Groundfish Fisheries
Sec. 660.61 Permits.
(a) Applicability. (1) The owner of any vessel being used to fish
for bottomfish or seamount groundfish species in the management area
must have a permit issued under this section for that vessel.
(2) No vessel owner may have permits for a single vessel to harvest
bottomfish in the Ho'omalu Zone and the Mau Zone at the same time.
(b) Application. (1) An application for a permit required under
this section will be submitted to the Pacific Area Office as described
in Sec. 660.13.
(2) Before the Regional Director issues a Mau Zone or Ho'omalu zone
permit to fish for bottomfish under this section, the primary operator
and relief operator named on the application form must have completed a
protected species workshop conducted by NMFS.
(3) Each applicant for a Ho'omalu zone permit will submit a
supplementary information sheet to be provided by the Pacific Area
Office. Each application for a Ho'omalu zone permit will be signed by
the vessel owner or a designee and include the following information:
(i) The qualification criterion that the applicant believes he or
she meets for issuance of a limited access permit; and
(ii) Copies of landings receipts or other documentation, with a
certification from a state or Federal agency that this information is
accurate, to demonstrate participation in the NWHI bottomfish fishery;
or
(iii) If the application is filed by a partnership or corporation,
the application must identify the names of the owners and their
respective percentage of ownership of the partnership or corporation.
(c) Sale or transfer of Ho'omalu Zone permits to new vessel owners.
(1) A Ho'omalu zone permit shall not be sold or otherwise transferred
to a new owner.
(2) A Ho'omalu zone permit or permits may be held by a partnership
or corporation. If 50 percent or more of the ownership of the vessel
passes to persons other than those listed in the original application,
the permit will lapse and must be surrendered to the Regional Director.
(d) Transfer of permits to replacement vessels. (1) An owner of a
permitted vessel may, without limitation, transfer his or her permit to
another vessel owned by him or her, provided that the replacement
vessel does not exceed 60 ft (18.3 m) in length and that the
replacement vessel is put into service within 12 months after the owner
declares to the Regional Director the intent to make the transfer of
the permit.
(2) An owner of a permitted vessel may apply to the Regional
Director for approval to use the permit for a replacement vessel
greater than 60 ft (18.3 m) in length. The Regional Director may allow
this change upon determining, after consultation with the Council and
considering the objectives of the limited access program, that the
replacement vessel has equal catching power as the original vessel, or
that the replacement vessel has catching power that is comparable to
the rest of the vessels holding permits for the fishery, and that the
change is not inconsistent with the objectives of the program.
(3) The Regional Director shall consider vessel length, range, hold
capacity, gear limitations, and other appropriate factors in making
determinations of catching power equivalency and comparability of the
catching power of vessels in the fishery.
(e) Supplementary requirements for permit renewal. (1) A permit
will be eligible for renewal if the vessel covered by the permit makes
three or more qualifying landings as defined in Sec. 660.12 during the
permit year.
(2) The owner of a permitted vessel that did not make three or more
qualifying landings of bottomfish in a year may apply to the Regional
Director for waiver of the landing requirement. If the Regional
Director finds that failure to make three landings was due to
circumstances beyond the owner's control, the Regional Director may
renew the permit. A waiver may not be granted if the failure to make
three landings was due to general economic conditions or market
conditions, such that the vessel operations would not be profitable.
(f) Supplementary requirements for new limited access permits. The
Regional Director may issue new vessel permits under this part when the
Regional Director has determined, in consultation with the Council,
that bottomfish stocks in the Ho'omalu Zone are able to support
additional fishing effort. This shall be established by determining
that the total estimated annual revenue to the fleet exceeds the total
estimated annual fixed and variable costs to the fleet in the Ho'omalu
Zone by an amount at least equal to the average cost of a vessel year.
This determination shall be made and published annually in association
with the annual report required under Sec. 660.67.
(g) Eligibility for new limited access permits. When the Regional
Director has determined that new permits may be issued, they shall be
issued to applicants based upon eligibility, determined as follows:
(1) Point system. (i) Two points shall be assigned for each year in
which the applicant was owner or captain of a vessel that made three or
more qualifying landings of bottomfish from the NWHI.
(ii) One point shall be assigned for each year in which the
applicant was owner or captain of a vessel that landed at least 6,000
lb (2,722 kg) of bottomfish from the main Hawaiian Islands.
(iii) Points will be assigned only under paragraph (g)(1)(i) or
(ii) of this section for any 1 year.
(iv) Points will be assigned for every year for which the requisite
landings can be documented.
(2) Restrictions. An applicant must own at least a 25-percent share
in the vessel that the permit would cover, and only one permit will be
assigned to any vessel.
(3) Order of issuance. New permits shall be awarded to applicants
in descending order, starting with the applicant with the largest
number of points. If two or more persons have an equal number of
points, and there are insufficient new permits for all such applicants,
the new permits shall be awarded by the Regional Director through a
lottery.
(4) Notification. The Regional Director shall place a notice in the
Federal Register and shall use other means to notify prospective
applicants of the opportunity to file applications for new permits
under this program.
(h) Appeals of permit actions. (1) Except as provided in subpart D
of 15 CFR part 904, any applicant for a permit or a permit holder may
appeal the granting, denial, conditioning, or suspension of their
permit or a permit affecting their interests to the Assistant
Administrator. In order to be considered by the Assistant
Administrator, such appeal must be in writing, must state the action(s)
appealed, and the reasons therefor, and must be submitted within 30
days of the action(s) by the Regional Director. The appellant may
request an informal hearing on the appeal.
(2) Upon receipt of an appeal authorized by this section, the
Assistant Administrator will notify the permit applicant, or permit
holder as appropriate, and will request such additional information and
in such form as will allow action upon the appeal.
[[Page 34587]]
Upon receipt of sufficient information, the Assistant Administrator
will decide the appeal in accordance with the permit eligibility
criteria set forth in this section and the amendment to the FMP, as
appropriate, based upon information relative to the application on file
at NMFS and the Council and any additional information, the summary
record kept of any hearing and the hearing officer's recommended
decision, if any, and such other considerations as deemed appropriate.
The Assistant Administrator will notify all interested persons of the
decision, and the reasons therefor, in writing, normally within 30 days
of the receipt of sufficient information, unless additional time is
needed for a hearing.
(3) If a hearing is requested, or if the Assistant Administrator
determines that one is appropriate, the Assistant Administrator may
grant an informal hearing before a hearing officer designated for that
purpose after first giving notice of the time, place, and subject
matter of the hearing in the Federal Register. Such a hearing shall
normally be held no later than 30 days following publication of the
notice in the Federal Register, unless the hearing officer extends the
time for reasons deemed equitable. The appellant, the applicant (if
different), and, at the discretion of the hearing officer, other
interested persons, may appear personally or be represented by counsel
at the hearing and submit information and present arguments as
determined appropriate by the hearing officer. Within 30 days of the
last day of the hearing, the hearing officer shall recommend in writing
a decision to the Assistant Administrator.
(4) The Assistant Administrator may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
In any event, the Assistant Administrator will notify interested
persons of the decision, and the reason(s) therefore, in writing,
within 30 days of receipt of the hearing officer's recommended
decision. The Assistant Administrator's action shall constitute final
action for the agency for the purposes of the APA.
(5) Any time limit prescribed in this section may be extended for a
period not to exceed 30 days by the Assistant Administrator for good
cause, either upon his or her own motion or upon written request from
the appellant or applicant stating the reason(s) therefore.
Sec. 660.62 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter and Sec. 660.15, it is unlawful for any person to do
any of the following:
(a) Fish for bottomfish or seamount groundfish using gear
prohibited under Sec. 660.64.
(b) Fish for bottomfish in the Ho'omalu Zone without a limited
access permit issued under Secs. 660.13 and 660.61.
(c) Fish for bottomfish in the Mau Zone without a permit issued
under Secs. 660.13 and 660.61.
(d) Serve as primary operator or relief operator on a vessel with a
Mau or Ho'omalu Zone permit without completing a protected species
workshop conducted by NMFS, as required by Sec. 660.61.
(e) Fail to notify the USCG at least 24 hours prior to making any
landing of bottomfish taken in the Ho'omalu Zone, as required by
Sec. 660.63.
(f) Fish within any protected species study zone in the NWHI
without notifying the Regional Director of the intent to fish in these
zones, as required under Sec. 660.63.
Sec. 660.63 Notification.
(a) The owner or operator of a fishing vessel subject to this
subpart must inform the Pacific Area Office at least 72 hours (not
including weekends and holidays) before leaving port, of his or her
intent to fish within the protected species study zones defined in
Sec. 660.12. The notice must include the name of the vessel, name of
the operator, intended departure and return date, and a telephone
number at which the owner or operator may be contacted during the
business day (8 a.m. to 5 p.m.) to indicate whether an observer will be
required on the subject fishing trip.
(b) The operator of a fishing vessel that has taken bottomfish in
the Ho'omalu Zone must contact the USCG, by radio or otherwise, at the
14th District, Honolulu, HI; Pacific Area, San Francisco, CA; or 17th
District, Juneau, AK, at least 24 hours before landing, and report the
port and the approximate date and time at which the bottomfish will be
landed.
Sec. 660.64 Gear restrictions.
(a) Bottom trawls and bottom set gillnets. Fishing for bottomfish
and seamount groundfish with bottom trawls and bottom set gillnets is
prohibited.
(b) Possession of gear. Possession of a bottom trawl and bottom set
gillnet by any vessel having a permit under Sec. 660.61 or otherwise
established to be fishing for bottomfish or seamount groundfish in the
management subareas is prohibited.
(c) Poisons and explosives. The possession or use of any poisons,
explosives, or intoxicating substances for the purpose of harvesting
bottomfish and seamount groundfish is prohibited.
Sec. 660.65 At-sea observer coverage.
(a) All fishing vessels subject to this subpart must carry an
observer when directed to do so by the Regional Director.
(b) The Pacific Area Office will advise the vessel owner or
operator of any observer requirement within 72 hours (not including
weekends or holidays) of receipt of the notice. If an observer is
required, the owner or operator will be informed of the terms and
conditions of observer coverage, and the time and place of embarkation
of the observer.
(c) All observers must be provided with sleeping, toilet, and
eating accommodations at least equal to that provided to a full crew
member. A mattress of futon on the floor or a cot is not acceptable in
place of a regular bunk. Meal and other gallery privileges must be the
same for the observer as for other crew members.
(d) Female observers on a vessel with an all-male crew must be
accommodated either in a single-person cabin or, if reasonable privacy
can be ensured by installing a curtain or other temporary divider, in a
two-person cabin shared with a licensed officer of the vessel. If the
cabin assigned to a female observer does not have its own toilet and
shower facilities that can be provided for the exclusive use of the
observer, then a schedule for time-sharing of common facilities must be
established and approved by the Regional Director prior to the vessel's
departure from port.
Sec. 660.66 Protected species conservation.
The Regional Director may change the size of the protected species
study zones defined in Sec. 660.12 of this subpart:
(a) If the Regional Director determines that a change in the size
of the study zones would not result in fishing for bottomfish in the
NWHI that would adversely affect any species listed as threatened or
endangered under the ESA.
(b) After consulting with the Council.
(c) Through notification in the Federal Register published at least
30 days prior to the effective date or through actual notice to the
permit holders.
Sec. 660.67 Framework for regulatory adjustments.
(a) Annual reports. By June 30 of each year, a Council-appointed
bottomfish monitoring team will prepare an annual report on the fishery
by area covering the following topics:
(1) Fishery performance data.
[[Page 34588]]
(2) Summary of recent research and survey results.
(3) Habitat conditions and recent alterations.
(4) Enforcement activities and problems.
(5) Administrative actions (e.g., data collection and reporting,
permits).
(6) State and territorial management actions.
(7) Assessment of need for Council action (including biological,
economic, social, enforcement, administrative, and state/Federal needs,
problems, and trends). Indications of potential problems warranting
further investigation may be signaled by the following indicator
criteria:
(i) Mean size of the catch of any species in any area is a pre-
reproductive size.
(ii) Ratio of fishing mortality to natural mortality for any
species.
(iii) Harvest capacity of the existing fleet and/or annual landings
exceed best estimate of MSY in any area.
(iv) Significant decline (50 percent or more) in bottomfish catch
per unit of effort from baseline levels.
(v) Substantial decline in ex-vessel revenue relative to baseline
levels.
(vi) Significant shift in the relative proportions of gear in any
one area.
(vii) Significant change in the frozen/fresh components of the
bottomfish catch.
(viii) Entry/exit of fishermen in any area.
(ix) Per-trip costs for bottomfishing exceed per-trip revenues for
a significant percentage of trips.
(x) Significant decline or increase in total bottomfish landings in
any area.
(xi) Change in species composition of the bottomfish catch in any
area.
(xii) Research results.
(xiii) Habitat degradation or environmental problems.
(xiv) Reported interactions between bottomfishing operations and
protected species in the NWHI.
(8) Recommendations for Council action.
(9) Estimated impacts of recommended action.
(b) Recommendation of management action. (1) The team may present
management recommendations to the Council at any time. Recommendations
may cover actions suggested for Federal regulations, state/territorial
action, enforcement or administrative elements, and research and data
collection. Recommendations will include an assessment of urgency and
the effects of not taking action.
(2) The Council will evaluate the team's reports and
recommendations, and the indicators of concern. The Council will assess
the need for one or more of the following types of management action:
Catch limits, size limits, closures, effort limitations, access
limitations, or other measures.
(3) The Council may recommend management action by either the
state/territorial governments or by Federal regulation.
(c) Federal management action. (1) If the Council believes that
management action should be considered, it will make specific
recommendations to the Regional Director after requesting and
considering the views of its Scientific and Statistical Committee and
Bottomfish Advisory Panel and obtaining public comments at a public
hearing.
(2) The Regional Director will consider the Council's
recommendation and accompanying data, and, if he or she concurs with
the Council's recommendation, will propose regulations to carry out the
action. If the Regional Director rejects the Council's proposed action,
a written explanation for the denial will be provided to the Council
within 2 weeks of the decision.
(3) The Council may appeal denial by writing to the Assistant
Administrator, who must respond in writing within 30 days.
(4) The Regional Director and the Assistant Administrator will make
their decisions in accord with the Magnuson Act, other applicable law,
and the Bottomfish FMP.
(5) To minimize conflicts between the Federal and state management
systems, the Council will use the procedures in paragraph (b) of this
section to respond to state/territorial management actions. Council
consideration of action would normally begin with a representative of
the state or territorial government bringing a potential or actual
management conflict or need to the Council's attention.
(d) Access limitation procedures. (1) Access limitation may be
adopted under this paragraph (d) only for the NWHI, American Samoa, and
Guam.
(2) If access limitation is proposed for adoption or subsequent
modification through the process described in this paragraph (d), the
following requirements must be met:
(i) The Bottomfish Monitoring Team must consider and report to the
Council on present participation in the fishery; historical fishing
practices in, and dependence on, the fishery; economics of the fishery;
capability of fishing vessels used in the fishery to engage in other
fisheries; cultural and social framework relevant to the fishery; and
any other relevant considerations.
(ii) Public hearings must be held specifically addressing the
limited access proposals.
(iii) A specific advisory subpanel of persons experienced in the
fishing industry will be created to advise the Council and the Regional
Director on administrative decisions.
(iv) The Council's recommendation to the Regional Director must be
approved by a two-thirds majority of the voting members.
(3) If prior participation in the fishery is used as a factor in
any access limitation system recommended by the Council, August 7,
1985, is the date selected by the Council as the date to be used for
the NWHI and May 30, 1986, for American Samoa and Guam.
Sec. 660.68 Fishing moratorium on Hancock Seamount.
Fishing for bottomfish and seamount groundfish on the Hancock
Seamount is prohibited through August 31, 1998.
Sec. 660.69 Management subareas.
(a) The bottomfish fishery management area is divided into five
subareas for the regulation of bottomfish and seamount groundfish
fishing with the following designations and boundaries:
(1) Main Hawaiian Islands means the EEZ of the Hawaiian Islands
Archipelago lying to the east of 161 deg.20' W. long.
(2) Northwestern Hawaiian Islands (NWHI) means the EEZ of the
Hawaiian Islands Archipelago lying to the west of 161 deg.20' W. long.
However, for the purposes of regulations issued under this subpart,
Midway Island is treated as part of the Northwestern Hawaiian Islands
Subarea.
(i) Ho'omalu Zone means that portion of the EEZ around the NWHI
west of 165 deg. W. long.
(ii) Mau Zone means that portion of the EEZ around the NWHI between
161 deg.20' W. long. and 165 deg. W. long.
(3) Hancock Seamount means that portion of the EEZ in the
Northwestern Hawaiian Islands west of 180 deg.00' W. long. and north of
28 deg.00' N. lat.
(4) Guam means the EEZ seaward of the Territory of Guam.
(5) American Samoa means the EEZ seaward of the Territory of
American Samoa.
(b) The inner boundary of the fishery management area is a line
coterminous with the seaward boundaries of the State of Hawaii, the
Territory of American Samoa, and the Territory of Guam (the ``3 mile-
limit'').
(c) The outer boundary of the fishery management area is a line
drawn in such a manner that each point on it is
[[Page 34589]]
200 nautical miles from the baseline from which the territorial sea is
measured, or is coterminous with adjacent international maritime
boundaries. The outer boundary of the fishery management area north of
Guam will extend to those points which are equidistant between Guam and
the island of Rota in the Commonwealth of the Northern Mariana Islands.
Subpart F--Precious Corals Fisheries
Sec. 660.81 Permits.
(a) Any vessel of the United States fishing for, taking, or
retaining precious coral in any precious coral permit area must have a
permit issued under Sec. 660.13.
(b) Each permit will be valid for fishing only in the permit area
specified on the permit. Precious Coral Permit Areas are defined in
Sec. 660.12.
(c) No more than one permit will be valid for any one vessel at any
one time.
(d) No more than one permit will be valid for any one person at any
one time.
(e) The holder of a valid permit to fish one permit area may obtain
a permit to fish another permit area only upon surrendering to the
Regional Director any current permit for the precious corals fishery
issued under Sec. 660.13.
(f) General requirements governing application information,
issuance, fees, expiration, replacement, transfer, alteration, display,
sanctions, and appeals for permits for the precious corals fishery are
contained in Sec. 660.13.
Sec. 660.82 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter and in Sec. 660.15, it is unlawful for any person to:
(a) Use any vessel to fish for, take, retain, possess or land
precious coral in any precious coral permit area, unless a permit has
been issued for that vessel and area as specified in Sec. 660.13 and
that permit is on board the vessel.
(b) Fish for, take, or retain any species of precious coral in any
precious coral permit area:
(1) By means of gear or methods prohibited by Sec. 660.88.
(2) In refugia specified in Sec. 660.12.
(3) In a bed for which the quota specified in Sec. 660.84 has been
attained.
(4) In violation of any permit issued under Sec. 660.13 or
Sec. 660.17.
(c) Take and retain, possess, or land any pink coral from the
Makapuu Bed (Permit Area E-B-1), Keahole Point Bed (Permit Area C-B-1),
or Kaena Point Bed (Permit Area C-B-2) that is less than the minimum
height specified in Sec. 660.86, unless:
(1) A valid EFP was issued under Sec. 660.17 for the vessel and the
vessel was operating under the terms of the permit; or
(2) The coral originated outside coral beds listed in this
paragraph, and this can be demonstrated through receipts of purchase,
invoices, or other documentation.
Sec. 660.83 Seasons.
The fishing year for precious coral begins on July 1 and ends on
June 30 the following year, except at the Makapuu Bed, which has a 2-
year fishing period that begins July 1 and ends June 30, 2 years later.
Sec. 660.84 Quotas.
(a) General. The quotas limiting the amount of precious coral that
may be taken in any precious coral permit area during the fishing year
are listed in Table 1 of this part. Only live coral is counted toward
the quota. The accounting period for all quotas begins July 1, 1983.
(b) Conditional bed closure. A conditional bed will be closed to
all nonselective coral harvesting after the quota for one species of
coral has been taken.
(c) Reserves and reserve release. The quotas for exploratory areas
will be held in reserve for harvest by vessels of the United States in
the following manner:
(1) At the start of the fishing year, the reserve for each of the
three exploratory areas will equal the quota minus the estimated
domestic annual harvest for that year.
(2) As soon as practicable after December 31 each year, the
Regional Director will determine the amount harvested by vessels of the
United States between July 1 and December 31 of that year.
(3) NMFS will release to TALFF an amount of precious coral for each
exploratory area equal to the quota minus two times the amount
harvested by vessels of the United States in that July 1 through
December 31 period.
(4) NMFS will publish in the Federal Register a notification of the
Regional Director's determination and a summary of the information on
which it is based as soon as practicable after the determination is
made.
Sec. 660.85 Closures.
(a) If the Regional Director determines that the harvest quota for
any coral bed will be reached prior to the end of the fishing year, or
the end of the 2-year fishing period at Makapuu Bed, NMFS will issue a
field order closing the bed involved by publication of an action in the
Federal Register, and through appropriate news media. Any such field
order must indicate the reason for the closure, the bed being closed,
and the effective date of the closure.
(b) A closure is also effective for a permit holder upon the permit
holder's actual harvest of the applicable quota.
Sec. 660.86 Size restrictions.
Pink coral harvested from the Makapuu bed (E-B-1), the Keahole
Point Bed (C-B-1), and the Kaena Point Bed (C-B-2), must have attained
a minimum height of 10 inches (25.4 cm). There are no size limits for
precious coral from other beds or other species.
Sec. 660.87 Area restrictions.
Fishing for coral on the WestPac Bed is not allowed. The specific
area closed to fishing is all waters within a 2-nm radius of the
midpoint of 23 deg.18.0' N. lat., 162 deg.35.0' W. long.
Sec. 660.88 Gear restrictions.
(a) Selective gear. Only selective gear may be used to harvest
coral from the EEZ of the main Hawaiian Islands.
(b) Selective or non-selective gear. Either selective or non-
selective gear may be used to harvest coral from Brooks Bank, 180
Fathom Bank, and exploratory areas other than the EEZ off the main
Hawaiian Islands.
Subpart G--West Coast Groundfish Fisheries
660.301 Purpose and scope.
This subpart implements the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) developed by the Pacific Fishery Management
Council. These regulations govern groundfish fishing vessels of the
United States in the EEZ off the coasts of Washington, Oregon, and
California. All weights are in round weight or round-weight
equivalents, unless specified otherwise.
Sec. 660.302 Definitions.
At-sea processing means processing that takes place on a vessel or
other platform that floats and is capable of being moved from one
location to another, whether shoreside or on the water.
Closure, when referring to closure of a fishery, means that taking
and retaining, possessing, or landing the particular species or species
group is prohibited.
Commercial fishing means:
(1) Fishing by a person who possesses a commercial fishing license
or is required by law to possess such license issued by one of the
states or the Federal Government as a prerequisite to taking, landing
and/or sale; or
[[Page 34590]]
(2) Fishing that results in or can be reasonably expected to result
in sale, barter, trade or other disposition of fish for other than
personal consumption.
Commercial harvest guideline or commercial quota means the harvest
guideline or quota after subtracting any allocation for the Pacific
Coast treaty Indian tribes or for recreational fisheries. Limited entry
and open access allocations are based on the commercial harvest
guideline or quota.
Council means the Pacific Fishery Management Council, including its
Groundfish Management Team, Scientific and Statistical Committee (SSC),
Groundfish Advisory Subpanel (GAP), and any other committee established
by the Council.
Exempted gear means all types of fishing gear except longline, trap
(or pot), and groundfish trawl gear. Exempted gear includes trawl gear
used to take pink shrimp, spot and ridgeback prawns, California halibut
south of Pt. Arena, CA, and sea cucumber south of Pt. Arena, under the
authority of a State of California limited entry permit for the sea
cucumber fishery.
Fishery management area means the EEZ off the coasts of Washington,
Oregon, and California between 3 and 200 nm offshore, and bounded on
the north by the Provisional International Boundary between the United
States and Canada, and bounded on the south by the International
Boundary between the United States and Mexico.
Fisheries Management Division (FMD) means the Chief, Fisheries
Management Division, Northwest Regional Office, NMFS, or a designee.
Fishing gear includes the following types of gear and equipment
used in the groundfish fishery:
(1) Bobbin trawl. The same as a roller trawl, a type of bottom
trawl.
(2) Bottom trawl. A trawl in which the otter boards or the footrope
of the net are in contact with the seabed. It includes roller (or
bobbin) trawls, Danish and Scottish seine gear, and pair trawls fished
on the bottom. Any trawl not meeting the requirements for a pelagic
trawl in Sec. 660.322 is a bottom trawl.
(3) Chafing gear. Webbing or other material attached to the codend
of a trawl net to protect the codend from wear.
(4) Codend. (See Sec. 600.10).
(5) Commercial vertical hook-and-line. Commercial fishing with
hook-and-line gear that involves a single line anchored at the bottom
and buoyed at the surface so as to fish vertically.
(6) Double-bar mesh. Two lengths of twine tied into a single knot.
(7) Double-walled codend. A codend constructed of two walls of
webbing.
(8) Fixed gear (anchored nontrawl gear). Longline, trap or pot, set
net, and stationary hook-and-line (including commercial vertical hook-
and-line) gears.
(9) Gillnet. (See Sec. 600.10).
(10) Hook-and-line. One or more hooks attached to one or more
lines. It may be stationary (commercial vertical hook-and-line) or
mobile (troll).
(11) Longline. A stationary, buoyed, and anchored groundline with
hooks attached, so as to fish along the seabed. It does not include
commercial vertical hook-and-line or troll gear.
(12) Mesh size. The opening between opposing knots. Minimum mesh
size means the smallest distance allowed between the inside of one knot
to the inside of the opposing knot, regardless of twine size.
(13) Nontrawl gear. All legal commercial groundfish gear other than
trawl gear.
(14) Pelagic (midwater or off-bottom) trawl. A trawl in which the
otter boards may be in contact with the seabed but the footrope of the
net remains above the seabed. It includes pair trawls if fished in
midwater. A pelagic trawl has no rollers or bobbins on the net.
(15) Pot. A trap.
(16) Roller trawl (bobbin trawl). A trawl with footropes equipped
with rollers or bobbins made of wood, steel, rubber, plastic, or other
hard material that keep the footrope above the seabed, thereby
protecting the net. A roller trawl is a type of bottom trawl.
(17) Set net. A stationary, buoyed, and anchored gillnet or trammel
net.
(18) Single-walled codend. A codend constructed of a single wall of
webbing knitted with single or double-bar mesh.
(19) Spear. A sharp, pointed, or barbed instrument on a shaft.
(20) Trammel net. A gillnet made with two or more walls joined to a
common float line.
(21) Trap (or pot). A portable, enclosed device with one or more
gates or entrances and one or more lines attached to surface floats.
(22) Trawl riblines. Heavy rope or line that runs down the sides,
top, or underside of a trawl net from the mouth of the net to the
terminal end of the codend to strengthen the net during fishing.
Fishing trip is a period of time between landings when fishing is
conducted.
Fishing year is the year beginning at 0801 GMT (0001 local time) on
January 1 and ending at 0800 GMT on January 1 (2400 local time on
December 31).
Groundfish means species managed by the PCGFMP, specifically:
Sharks:
leopard shark, Triakis semifasciata
soupfin shark, Galeorhinus zyopterus
spiny dogfish, Squalus acanthias
Skates:
big skate, Raja binoculata
California skate, R. inornata
longnose skate, R. rhina
Ratfish:
ratfish, Hydrolagus colliei
Morids:
finescale codling, Antimora microlepis
Grenadiers:
Pacific rattail, Coryphaenoides acrolepis
Roundfish:
cabezon, Scorpaenichthys marmoratus
jack mackerel (north of 39 deg. N. lat.), Trachurus symmetricus
kelp greenling, Hexagrammos decagrammus
lingcod, Ophiodon elongatus
Pacific cod, Gadus macrocephalus
Pacific whiting, Merluccius productus
sablefish, Anoplopoma fimbria
Rockfish:
aurora rockfish, Sebastes aurora
bank rockfish, S. rufus
black rockfish, S. melanops
black and yellow rockfish, S. chrysomelas
blackgill rockfish, S. melanostomus
blue rockfish, S. mystinus
bocaccio, S. paucispinis
bronzespotted rockfish, S. gilli
brown rockfish, S. auriculatus
calico rockfish, S. dalli
California scorpionfish, Scorpaena guttata
canary rockfish, Sebastes pinniger
chilipepper, S. goodei
China rockfish, S. nebulosus
copper rockfish, S. caurinus
cowcod, S. levis
darkblotched rockfish, S. crameri
dusty rockfish, S. ciliatus
flag rockfish, S. rubrivinctus
gopher rockfish, S. carnatus
grass rockfish, S. rastrelliger
greenblotched rockfish, S. rosenblatti
greenspotted rockfish, S. chlorostictus
greenstriped rockfish, S. elongatus
harlequin rockfish, S. variegatus
honeycomb rockfish, S. umbrosus
kelp rockfish, S. atrovirens
longspine thornyhead, Sebastolobus altivelis
Mexican rockfish, Sebastes macdonaldi
olive rockfish, S. serranoides
Pacific ocean perch, S. alutus
pink rockfish, S. eos
quillback rockfish, S. maliger
redbanded rockfish, S. babcocki
redstripe rockfish, S. proriger
rosethorn rockfish, S. helvomaculatus
rosy rockfish, S. rosaceus
rougheye rockfish, S. aleutianus
sharpchin rockfish, S. zacentrus
shortbelly rockfish, S. jordani
shortraker rockfish, S. borealis
shortspine thornyhead, Sebastolobus alascanus
silvergray rockfish, Sebastes brevispinis
speckled rockfish, S. ovalis
splitnose rockfish, S. diploproa
squarespot rockfish, S. hopkinsi
starry rockfish, S. constellatus
[[Page 34591]]
stripetail rockfish, S. saxicola
tiger rockfish, S. nigrocinctus
treefish, S. serriceps
vermilion rockfish, S. miniatus
widow rockfish, S. entomelas
yelloweye rockfish, S. ruberrimus
yellowmouth rockfish, S. reedi
yellowtail rockfish, S. flavidus
All genera and species of the family Scorpaenidae that occur off
Washington, Oregon, and California are included, even if not listed
above. The Scorpaenidae genera are Sebastes, Scorpaena,
Scorpaenodes, and Sebastolobus.
Flatfish:
arrowtooth flounder (arrowtooth turbot), Atheresthes stomias
butter sole, Isopsetta isolepis
curlfin sole, Pleuronichthys decurrens
Dover sole, Microstomus pacificus
English sole, Parophrys vetulus
flathead sole, Hippoglossoides elassodon
Pacific sanddab, Citharichthys sordidus
petrale sole, Eopsetta jordani
rex sole, Glyptocephalus zachirus
rock sole, Lepidopsetta bilineata
sand sole, Psettichthys melanostictus
starry flounder, Platichthys stellatus
Groundfish trawl means trawl gear that is used under the authority
of a valid limited entry permit issued under this subpart endorsed for
trawl gear. It does not include any type of trawl gear listed as
``exempted gear.''
Harvest guideline means a specified numerical harvest objective
that is not a quota. Attainment of a harvest guideline does not require
closure of a fishery.
Incidental catch or incidental species means groundfish species
caught while fishing for the primary purpose of catching a different
species.
Land or landing means to begin transfer of fish from a fishing
vessel. Once transfer begins, all fish aboard the vessel are counted as
part of the landing.
Length overall (LOA) (with respect to a vessel) means the length
overall set forth in the Certificate of Documentation (CG-1270) issued
by the USCG for a documented vessel, or in a registration certificate
issued by a state or the USCG for an undocumented vessel; for vessels
that do not have the LOA stated in an official document, the LOA is the
LOA as determined by the USCG or by a marine surveyor in accordance
with the USCG method for measuring LOA.
Limited entry fishery means the fishery composed of vessels using
trawl gear, longline, and trap (or pot) gear fished pursuant to the
harvest guidelines, quotas, and other management measures governing the
limited entry fishery.
Limited entry gear means longline, trap (or pot), or groundfish
trawl gear used under the authority of a valid limited entry permit
affixed with an endorsement for that gear.
Limited entry permit means the permit required to participate in
the limited entry fishery, and includes the gear endorsements affixed
to the permit unless specified otherwise.
Open access fishery means the fishery composed of vessels using
exempted gear, and longline and trap (or pot) gear fished pursuant to
the harvest guidelines, quotas, and other management measures governing
the open access fishery.
Open access gear means all types of fishing gear except:
(1) Longline or trap (or pot) gear fished by a vessel that has a
limited entry permit affixed with a gear endorsement for that gear.
(2) Trawl gear.
Owner of a vessel or vessel owner, as used in this subpart, means a
person identified as the current owner in the Certificate of
Documentation (CG-1270) issued by the USCG for a documented vessel, or
in a registration certificate issued by a state or the USCG for an
undocumented vessel.
Pacific Coast Groundfish Fishery Management Plan (PCGFMP) means the
Fishery Management Plan for the Washington, Oregon, and California
Groundfish Fishery developed by the Pacific Fishery Management Council
and approved by the Secretary on January 4, 1982, and as it may be
subsequently amended.
Permit holder means a permit owner or a permit lessee.
Permit lessee means a person who has the right to possess and use a
limited entry permit for a designated period of time, with reversion to
the permit owner.
Permit owner means a person who owns a limited entry permit.
Person, as it applies to limited entry and open access fisheries
conducted under this subpart, means any individual, corporation,
partnership, association or other entity (whether or not organized or
existing under the laws of any state), and any Federal, state, or local
government, or any entity of any such government that is eligible to
own a documented vessel under the terms of 46 U.S.C. 12102(a).
Processing or to process means the preparation or packaging of
groundfish to render it suitable for human consumption, industrial uses
or long-term storage, including, but not limited to, cooking, canning,
smoking, salting, drying, filleting, freezing, or rendering into meal
or oil, but does not mean heading and gutting unless additional
preparation is done.
Prohibited species means those species and species groups whose
retention is prohibited unless authorized by other applicable law (for
example, to allow for examination by an authorized observer or to
return tagged fish as specified by the tagging agency).
Quota means a specified numerical harvest objective, the attainment
(or expected attainment) of which causes closure of the fishery for
that species or species group.
Recreational fishing means fishing with authorized recreational
fishing gear for personal use only, and not for sale or barter.
Regional Director means the Director, Northwest Region, NMFS. For
fisheries occurring primarily or exclusively in the fishery management
area seaward of California, ``Regional Director'' means the Director,
Northwest Region, NMFS, acting upon the recommendation of the Director,
Southwest Region, NMFS.
Reserve means a portion of the harvest guideline or quota set aside
at the beginning of the year to allow for uncertainties in preseason
estimates of DAP and JVP.
Round weight (See Sec. 600.10).
Shoreside processing means processing that takes place in a
facility that is fixed permanently to land.
Specification is a numerical or descriptive designation of a
management objective, including but not limited to: ABC; harvest
guideline; quota; limited entry or open access allocation; a set aside
or allocation for a recreational or treaty Indian fishery; an
apportionment of the above to an area, gear, season, fishery, or other
subdivision; DAP, DAH, JVP, TALFF, or incidental bycatch allowances in
foreign or joint venture fisheries.
Target fishing means fishing for the primary purpose of catching a
particular species or species group (the target species).
Totally lost means the vessel being replaced no longer exists in
specie, or is absolutely and irretrievably sunk or otherwise beyond the
possible control of the owner, or the costs of repair (including
recovery) would exceed the repaired value of the vessel.
Trip limit means the total allowable amount of a groundfish species
or species complex by weight, or by percentage of weight of fish on
board the vessel, that may be taken and retained, possessed, or landed
from a single fishing trip.
Sec. 660.303 Reporting and recordkeeping.
(a) This subpart recognizes that catch and effort data necessary
for implementing the PCGFMP are collected by the States of Washington,
Oregon, and California under existing state data collection
requirements. Telephone surveys of the domestic
[[Page 34592]]
industry will be conducted biannually by NMFS to determine amounts of
fish that will be made available to foreign fishing and JVP. No
additional Federal reports are required of fishers or processors, so
long as the data collection and reporting systems operated by state
agencies continue to provide NMFS with statistical information adequate
for management.
(b) Any person who is required to do so by the applicable state law
must make and/or file, retain, or make available any and all reports of
groundfish landings containing all data, and in the exact manner,
required by the applicable state law.
Sec. 660.304 Management areas.
(a) Vancouver. (1) The northeastern boundary is that part of a line
connecting the light on Tatoosh Island, WA, with the light on Bonilla
Point on Vancouver Island, British Columbia (at 48 deg.35'75'' N. lat.,
124 deg.43#00## W. long.) south of the International Boundary between
the U.S. and Canada (at 48 deg.29#37.19## N. lat., 124 deg.43#33.19##
W. long.), and north of the point where that line intersects with the
boundary of the U.S. territorial sea.
(2) The northern and northwestern boundary is a line connecting the
following coordinates in the order listed, which is the provisional
international boundary of the EEZ as shown on NOAA/NOS Charts #18480
and #18007:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1................................... 48 deg.29'37.19 124 deg.43'33.19'
'' '
2................................... 48 deg.30'11'' 124 deg.47'13''
3................................... 48 deg.30'22'' 124 deg.50'21''
4................................... 48 deg.30'14'' 124 deg.54'52''
5................................... 48 deg.29'57'' 124 deg.59'14''
6................................... 48 deg.29'44'' 125 deg.00'06''
7................................... 48 deg.28'09'' 125 deg.05'47''
8................................... 48 deg.27'10'' 125 deg.08'25''
9................................... 48 deg.26'47'' 125 deg.09'12''
10.................................. 48 deg.20'16'' 125 deg.22'48''
11.................................. 48 deg.18'22'' 125 deg.29'58''
12.................................. 48 deg.11'05'' 125 deg.53'48''
13.................................. 47 deg.49'15'' 126 deg.40'57''
14.................................. 47 deg.36'47'' 127 deg.11'58''
15.................................. 47 deg.22'00'' 127 deg.41'23''
16.................................. 46 deg.42'05'' 128 deg.51'56''
17.................................. 46 deg.31'47'' 129 deg.07'39''
------------------------------------------------------------------------
(3) The southern limit is 47 deg.30' N. lat.
(b) Columbia. (1) The northern limit is 47 deg.30' N. lat.
(2) The southern limit is 43 deg.00' N. lat.
(c) Eureka. (1) The northern limit is 43 deg.00' N. lat.
(2) The southern limit is 40 deg.30' N. lat.
(d) Monterey. (1) The northern limit is 40 deg.30' N. lat.
(2) The southern limit is 36 deg.00' N. lat.
(e) Conception. (1) The northern limit is 36 deg.00' N. lat.
(2) The southern limit is the U.S.-Mexico International Boundary,
which is a line connecting the following coordinates in the order
listed:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1................................... 32 deg.35'22'' 117 deg.27'49''
2................................... 32 deg.37'37'' 117 deg.49'31''
3................................... 31 deg.07'58'' 118 deg.36'18''
4................................... 30 deg.32'31'' 121 deg.51'58''
------------------------------------------------------------------------
(f) International boundaries. (1) Any person fishing subject to
this subpart is bound by the international boundaries described in this
section, notwithstanding any dispute or negotiation between the United
States and any neighboring country regarding their respective
jurisdictions, until such time as new boundaries are established or
recognized by the United States.
(2) The inner boundary of the fishery management area is a line
coterminous with the seaward boundaries of the States of Washington,
Oregon, and California (the ``3-mile limit'').
(3) The outer boundary of the fishery management area is a line
drawn in such a manner that each point on it is 200 nm from the
baseline from which the territorial sea is measured, or is a
provisional or permanent international boundary between the United
States and Canada or Mexico.
Sec. 660.305 Vessel identification.
(a) Display. The operator of a vessel that is over 25 ft (7.6 m) in
length and is engaged in commercial fishing for groundfish must display
the vessel's official number on the port and starboard sides of the
deckhouse or hull, and on a weather deck so as to be visible from
above. The number must contrast with the background and be in block
Arabic numerals at least 18 inches (45.7 cm) high for vessels over 65
ft (19.8 m) long and at least 10 inches (25.4 cm) high for vessels
between 25 and 65 ft (7.6 and 19.8 m) in length. The length of a vessel
for purposes of this section is the length set forth in USCG records or
in state records, if no USCG record exists.
(b) Maintenance of numbers. The operator of a vessel engaged in
commercial fishing for groundfish must keep the identifying markings
required by paragraph (a) of this section clearly legible and in good
repair, and must ensure that no part of the vessel, its rigging, or its
fishing gear obstructs the view of the official number from an
enforcement vessel or aircraft.
(c) Commercial passenger vessels. This section does not apply to
vessels carrying fishing parties on a per-capita basis or by charter.
Sec. 660.306 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to:
(a) Sell, offer to sell, or purchase any groundfish taken in the
course of recreational groundfish fishing.
(b) Retain any prohibited species (defined in Sec. 660.302) caught
by means of fishing gear authorized under this subpart or unless
authorized by part 600 of this chapter. Prohibited species must be
returned to the sea as soon as practicable with a minimum of injury
when caught and brought on board.
(c) Falsify or fail to affix and maintain vessel and gear markings
as required by Sec. 660.305 or Sec. 660.322(c).
(d) Fish for groundfish in violation of any terms or conditions
attached to an EFP under part 600.745.
(e) Fish for groundfish using gear not authorized under
Sec. 660.322 or in violation of any terms or conditions attached to an
EFP under part 600.745.
(f) Take and retain, possess, or land more groundfish than
specified under Sec. 660.321, Sec. 660.323, or under an EFP issued
under part 600 of this chapter.
(g) Falsify or fail to make and/or file, retain or make available
any and all reports of groundfish landings, containing all data, and in
the exact manner, required by the applicable State law, as specified in
Sec. 660.303, provided that person is required to do so by the
applicable state law.
(h) Fail to sort, prior to the first weighing after offloading,
those groundfish species or species groups for which there is a trip
limit, if the weight of the total delivery exceeds 3,000 lb (1,361 kg)
(round weight or round-weight equivalent).
(i) Possess, deploy, haul, or carry onboard a fishing vessel
subject to these regulations a set net, trap or pot, longline, or
commercial vertical hook-and-line that is not in compliance with the
gear restrictions in Sec. 660.322, unless such gear is the gear of
another vessel that has been retrieved at sea and made inoperable or
stowed in a manner not capable of being fished. The disposal at sea of
such gear is prohibited by Annex V of the International Convention for
the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
(j) Process Pacific whiting in the fishery management area during
times or in areas where at-sea processing is prohibited, unless the
fish were received from a member of a Pacific Coast treaty Indian tribe
fishing under Sec. 663.324.
(k) Take and retain or receive, except as cargo, Pacific whiting on
a vessel in the fishery management area that already possesses
processed Pacific
[[Page 34593]]
whiting on board, during times or in areas where at-sea processing is
prohibited, unless the fish were received from a member of a Pacific
Coast treaty Indian tribe fishing under Sec. 663.324; when taking and
retention is prohibited under Sec. 663.323(a)(4)(iv), fail to keep the
trawl doors on board the vessel and attached to the trawls on a vessel
used to fish for whiting.
(l) Have onboard a commercial hook-and-line fishing vessel (other
than a vessel operated by persons under Sec. 660.323(b)(1)(ii)), more
than the amount of the trip limit set for black rockfish by
Sec. 660.323 while that vessel is fishing between the U.S.-Canada
border and Cape Alava (48 deg.09'30'' N. lat.), or between Destruction
Island (47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N.
lat.).
(m) Fish with groundfish trawl gear, or carry groundfish trawl gear
on board a vessel that also has groundfish on board (unless the vessel
is in continuous transit from outside the fishery management area to a
port in Washington, Oregon, or California), without having a limited
entry permit valid for that vessel affixed with a gear endorsement for
trawl gear.
(n) Fail to carry onboard a vessel that vessel's limited entry
permit if required.
(o) Make a false statement on an application for issuance, renewal,
transfer, vessel registration, or replacement of a limited entry
permit.
(p) Take and retain, possess, or land groundfish in excess of the
landing limit for the open access fishery without having a valid
limited entry permit for the vessel affixed with a gear endorsement for
the gear used to catch the fish.
(q) Carry on board a vessel, or deploy, limited entry gear when the
limited entry fishery for that gear is closed.
(r) Refuse to submit fishing gear of 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.
Sec. 660.321 Specifications and management measures.
(a) General. NMFS will establish and adjust specifications and
management measures annually and during the fishing year. Management of
the Pacific Coast groundfish fishery will be conducted consistent with
the standards and procedures in the PCGFMP and other applicable law.
The PCGFMP is available from the Regional Director or the Council.
(b) Annual actions. The Pacific Coast groundfish fishery is managed
on a calendar year basis. Even though specifications and management
measures are announced annually, they may apply for more than 1 year.
In general, management measures are designed to achieve, but not
exceed, the specifications, particularly harvest guidelines, limited
entry and open access allocations, or other approved fishery
allocations. Annual specifications and management measures are
developed at two Council meetings and published in the Federal Register
at the beginning of the year, according to the standards and procedures
in the PCGFMP and other applicable law.
(c) Routine management measures. Management measures designated
``routine'' at Sec. 660.323(b) may be adjusted during the year after
recommendation from the Council, approval by NMFS, and publication in
the Federal Register.
(d) Changes to the regulations. Regulations under this subpart may
be promulgated, removed, or revised. Any such action will be made
according to the framework standards and procedures in the PCGFMP and
other applicable law, and will be published in the Federal Register.
Sec. 660.322 Gear restrictions.
(a) General. The following types of fishing gear are authorized,
with the restrictions set forth in this section: Trawl (bottom and
pelagic), hook-and-line, longline, pot or trap, set net (anchored
gillnet or trammel net), and spear.
(b) Trawl gear--(1) Use. Trawl nets may be used on and off the
seabed. Trawl nets may be fished with or without otter boards, and may
use warps or cables to herd fish.
(2) Mesh size. Trawl nets may be used if they meet the minimum mesh
sizes set forth in this paragraph (b)(2). The minimum sizes apply
throughout the net. Minimum trawl mesh size requirements are met if a
20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 cm)
(depending on the gear being measured), less one thickness of the metal
wedge, can be passed with only thumb pressure through at least 16 of 20
sets of two meshes each of wet mesh.
Minimum Trawl-Mesh Size In Inches \1\
----------------------------------------------------------------------------------------------------------------
Subarea
Trawl conception type ----------------------------------------------------
Vancouver Columbia Eureka Monterey
----------------------------------------------------------------------------------------------------------------
Bottom......................................... 4.5 4.5 4.5 4.5 4.5
Pelagic........................................ 3.0 3.0 3.0 3.0 3.0
----------------------------------------------------------------------------------------------------------------
\1\ Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.
(3) Chafing gear. Chafing gear may encircle no more than 50 percent
of the net's circumference, except as provided in paragraph (b)(5) of
this section. No section of chafing gear may be longer than 50 meshes
of the net to which it is attached. Except at the corners, the terminal
end of each section of chafing gear must not be connected to the net.
(The terminal end is the end farthest from the mouth of the net.)
Chafing gear must be attached outside any riblines and restraining
straps. There is no limit on the number of sections of chafing gear on
a net.
(4) Codends. Only single-walled codends may be used in any trawl.
Double-walled codends are prohibited.
(5) Pelagic trawls. Pelagic trawl nets must have unprotected
footropes at the trawl mouth, and must not have rollers, bobbins,
tires, wheels, rubber discs, or any similar device anywhere in the net.
Sweeplines, including the bottom leg of the bridle, must be bare. For
at least 20 ft (6.15 m) immediately behind the footrope or headrope,
bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size must
completely encircle the net. A band of mesh (a ``skirt'') may encircle
the net under transfer cables, lifting or splitting straps (chokers),
but must be: Over riblines and restraining straps; the same mesh size
and coincide knot-to-knot with the net to which it is attached; and no
wider than 16 meshes.
(c) Fixed gear. (1) Fixed gear (longline, trap or pot, set net and
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
(i) Marked at the surface, at each terminal end, with a pole, flag,
light, radar reflector, and a buoy, except as
[[Page 34594]]
provided in paragraph (c)(2) of this section.
(ii) Attended at least once every 7 days.
(2) Commercial vertical hook-and-line gear that is closely tended
may be marked only with a single buoy of sufficient size to float the
gear. ``Closely tended'' means that a vessel is within visual sighting
distance or within 0.25 nm (463 m) as determined by electronic
navigational equipment, of its commercial vertical hook-and-line gear.
(3) A buoy used to mark fixed gear under paragraph (c)(1)(i) or
(c)(2) of this section must be marked with a number clearly identifying
the owner or operator of the vessel. The number may be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(d) Set nets. Fishing for groundfish with set nets is prohibited in
the fishery management area north of 38 deg.00' N. lat.
(e) Traps or pots. Traps must have biodegradable escape panels
constructed with # 21 or smaller untreated cotton twine in such a
manner that an opening at least 8 inches (20.3 cm) in diameter results
when the twine deteriorates.
(f) Recreational fishing. The only types of fishing gear authorized
for recreational fishing are hook-and-line and spear.
(g) Spears. Spears may be propelled by hand or by mechanical means.
Sec. 660.323 Catch restrictions.
(a) Groundfish species harvested in the territorial sea (0-3 nm)
will be counted toward the catch limitations in this section.
(1) Black rockfish. The trip limit for black rockfish (Sebastes
melanops) for commercial fishing vessels using hook-and-line gear
between the U.S.-Canada border and Cape Alava (48 deg.09'30'' N. lat.),
and between Destruction Island (47 deg.40' N. lat.) and Leadbetter
Point (46 deg.38'10'' N. lat.), is 100 lbs (45 kg) or 30 percent, by
weight of all fish on board, whichever is greater, per vessel per
fishing trip.
(2) Nontrawl sablefish. This paragraph (a)(2) applies to the
limited entry fishery, except for paragraphs (a)(2)(i) and (v), which
also apply to the open-access fishery.
(i) Pre-season closure--open-access and limited entry fisheries.
(A) Sablefish taken with fixed gear in the limited entry or open
access fishery in the EEZ may not be retained or landed from 12 noon
August 29 through 12 noon September 1.
(B) All fixed gear used to take and retain groundfish must be out
of EEZ waters from 12 noon August 29 through 12 noon September 1,
except that pot gear used to take and retain groundfish may be deployed
and baited in the EEZ after 12 noon on August 31.
(ii) Regular season--limited entry fishery. The regular season for
the limited entry nontrawl sablefish fishery begins at 1201 hours on
August 6. During the regular season, the limited entry nontrawl
sablefish fishery may be subject to trip limits to protect juvenile
sablefish. The regular season will end when 70 percent of the limited
entry nontrawl allocation has been or is projected to be taken. The end
of the regular season may be announced in the Federal Register either
before or during the regular season.
(iii) Mop-up season--limited entry fishery. A mop-up season to take
the remainder of the limited entry nontrawl allocation will begin about
3 weeks after the end of the regular season, or as soon as practicable
thereafter. During the mop-up fishery, a cumulative trip limit will be
imposed. The length of the mop-up season and amount of the cumulative
trip limit, including the time period to which it applies, will be
determined by the Regional Director in consultation with the Council or
its designees, and will be based primarily on the amount of fish
remaining in the allocation and the number of participants anticipated.
The Regional Director may determine that too little of the nontrawl
allocation remains to conduct an orderly or manageable fishery, in
which case there will not be a mop-up season.
(iv) Other announcements. The dates and times that the regular
season ends (and trip limits on sablefish of all sizes are resumed) and
the mop-up season begins and ends, and the size of the trip limit for
the mop-up fishery, will be announced in the Federal Register, and may
be modified. Unless otherwise announced, these seasons will begin and
end at 12 noon on the specified date. A vessel landing sablefish in
Puget Sound that was taken under a limited entry permit with nontrawl
gear during a regular season is not subject to trip limits on that trip
(except the regular season trip limits to protect juvenile sablefish),
provided the landing complies with Washington State regulations
governing sablefish landings in Puget Sound after the regular season.
(v) Trip limits. Trip and/or frequency limits may be imposed in the
limited entry fishery before and after the regular season, and after
the mop-up season, under paragraph (b) of this section. Trip and/or
size limits to protect juvenile sablefish in the limited entry or open-
access fisheries also may be imposed at any time under paragraph (b) of
this section. Trip limits may be imposed in the open-access fishery at
any time under paragraph (b) of this section.
(3) Pacific whiting--(i) Season. The regular season for Pacific
whiting begins on May 15 north of 42 deg.00' N. lat., on March 1
between 42 deg.00' N. lat. and 40 deg.30' N. lat., and on April 15
south of 40 deg.30' N. lat. Before and after the regular season, trip
landing or frequency limits may be imposed under paragraph (b) of this
section.
(ii) Closed areas. Pacific whiting may not be taken and retained in
the following portions of the fishery management area:
(A) Klamath River Salmon Conservation Zone. The ocean area
surrounding the Klamath River mouth bounded on the north by
41 deg.38'48'' N. lat. (approximately 6 nm north of the Klamath River
mouth), on the west by 124 deg.23' W. long. (approximately 12 nm from
shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6 nm
south of the Klamath River mouth).
(B) Columbia River Salmon Conservation Zone. The ocean area
surrounding the Columbia River mouth bounded by a line extending for 6
nm due west from North Head along 46 deg.18' N. lat. to 124 deg.13'18''
W. long., then southerly along a line of 167 True to 46 deg.11'06'' N.
lat. and 124 deg.11' W. long. (Columbia River Buoy), then northeast
along Red Buoy Line to the tip of the south jetty.
(iii) Eureka area trip limits. Trip landing or frequency limits may
be established, modified, or removed under Sec. 660.321 or
Sec. 660.323, specifying the amount of Pacific whiting that may be
taken and retained, possessed, or landed by a vessel that, at any time
during a fishing trip, fished in the fishery management area shoreward
of the 100-fathom (183-m) contour (as shown on NOAA Charts 18580,
18600, and 18620) in the Eureka area (from 43 deg.00' to 40 deg.30' N.
lat.).
(iv) At-sea processing. Pacific whiting may not be processed at sea
south of 42 deg.00' N. lat. (Oregon-California border).
(v) Time of day. Pacific whiting may not be taken and retained by
any vessel in the fishery management area south of 42 deg.00' N. lat.
between 0001 hours to one-half hour after official sunrise (local
time). During this time south of 42 deg.00' N. lat., trawl doors must
be on board any vessel used to fish for whiting and the trawl must be
attached to the trawl doors. Official sunrise is determined, to the
nearest 5 deg. lat., in The Nautical Almanac issued annually by the
[[Page 34595]]
Nautical Almanac Office, U.S. Naval Observatory, and available from the
U.S. Government Printing Office.
(4) Pacific whiting--allocation. The following provisions apply
from 1994 through 1996--
(i) Shoreside reserve. When 60 percent of the commercial harvest
guideline for Pacific whiting has been or is projected to be taken,
further at-sea processing of Pacific whiting will be prohibited
pursuant to paragraph (a)(4)(iv) of this section. The remaining 40
percent of the harvest guideline is reserved for harvest by vessels
delivering to shoreside processors.
(ii) Release of reserve. That portion of the commercial harvest
guideline that the Regional Director determines will not be used by
shoreside processors by the end of that fishing year shall be made
available for harvest by all fishing vessels, regardless of where they
deliver, on August 15 or as soon as practicable thereafter. NMFS may
again release whiting at a later date if it becomes obvious, after
August 15, that shore-based needs have been substantially over-
estimated, but only after consultation with the Council and only to
insure full utilization of the resource.
(iii) Estimates. Estimates of the amount of Pacific 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 Pacific 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.
(iv) Announcements. The Assistant Administrator will announce in
the Federal Register when 60 percent of the commercial harvest
guideline for whiting has been, or is about to be, harvested,
specifying a time after which further at-sea processing of Pacific
whiting in the fishery management area is prohibited. The Assistant
Administrator will publish a document in the Federal Register to
announce any release of the reserve on August 15, or as soon as
practicable thereafter. In order to prevent exceeding the limits or
underutilizing the resource, adjustments 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.
(b) Routine management measures. In addition to the catch
restrictions in this section, other catch restrictions that are likely
to be adjusted on an annual or more frequent basis may be imposed and
announced by a single notification in the Federal Register if they
first have been designated as ``routine'' according to the applicable
procedures in the PCGFMP. The following catch restrictions are
designated as routine for the reasons given in paragraph (b)(1)(ii) of
this section:
(1) Commercial-limited entry and open access fisheries--
(i) Species and gear. (A) Widow rockfish--all gear--trip landing
and frequency limits.
(B) Sebastes complex--all gear--trip landing and frequency limits.
(C) Yellowtail rockfish--all gear--trip landing and frequency
limits.
(D) Pacific ocean perch--all gear--trip landing and frequency
limits.
(E) Sablefish--all gear--trip landing, frequency, and size limits.
(F) Dover sole--all gear--trip landing and frequency limits.
(G) Thornyheads (shortspine thornyheads or longspine thornyheads,
separately or combined)--all gear--trip landing and frequency limits.
(H) Bocaccio--all gear--trip landing and frequency limits.
(I) Pacific whiting--all gear--trip landing and frequency limits.
(J) Lingcod--all gear--trip landing and frequency limits; size
limits.
(K) Canary rockfish--all gear--trip landing and frequency limits.
(L) All groundfish, separately or in any combination--any legal
open access gear (including non-groundfish trawl gear used to harvest
pink shrimp, spot or ridgeback prawns, California halibut or sea
cucumbers in accordance with the regulations in this subpart)--trip
landing and frequency limits. (Size limits designated routine in this
section continue to apply.)
(ii) Reasons for ``routine'' management measures. All routine
management measures on commercial fisheries are intended to keep
landings within the harvest levels announced by NMFS. In addition, the
following reasons apply:
(A) Trip landing and frequency limits--to extend the fishing
season; to minimize disruption of traditional fishing and marketing
patterns; to reduce discards; to discourage target fishing while
allowing small incidental catches to be landed; to allow small
fisheries to operate outside the normal season; and, for the open
access fishery only, to maintain landings at the historical proportions
during the 1984-88 window period.
(B) Size limits--to protect juvenile fish; to extend the fishing
season.
(2) Recreational--(i) Species and gear. (A) Lingcod--all gear--bag
and size limits.
(B) Rockfish--all gear--bag limits.
(ii) Reasons for ``routine'' management measures. All routine
management measures on recreational fisheries are intended to keep
landings within the harvest levels announced by NMFS. In addition, the
following reasons apply:
(A) Bag limits--to spread the available catch over a large number
of anglers; to avoid waste; for consistency with state regulations.
(B) Size limits--to protect juvenile fish; to enhance the quality
of the recreational fishing experience; for consistency with state
regulations.
(c) Prohibited species. Groundfish species or species groups under
the PCGFMP for which quotas have been achieved and the fishery closed
are prohibited species. In addition, the following are prohibited
species:
(1) Any species of salmonid.
(2) Pacific halibut.
(3) Dungeness crab caught seaward of Washington or Oregon.
Sec. 663.324 Pacific Coast treaty Indian fisheries.
(a) Pacific Coast treaty Indian tribes have treaty rights to
harvest groundfish in their usual and accustomed fishing areas in U.S.
waters.
(b) For the purposes of this part, Pacific Coast treaty Indian
tribes means the Hoh, Makah, and Quileute Indian Tribes and the
Quinault Indian Nation.
(c) The Pacific Coast treaty Indian tribes' usual and accustomed
fishing areas within the fishery management area (FMA) are set out
below in paragraphs (c)(1) through (c)(4) of this section. Boundaries
of a tribe's fishing area may be revised as ordered by a Federal court.
(1) Makah--That portion of the FMA north of 48 deg.02'15'' N. lat.
(Norwegian Memorial) and east of 125 deg.44'00'' W. long.
(2) Quileute--That portion of the FMA between 48 deg.07'36'' N.
lat. (Sand Point) and 47 deg.31'42'' N. lat. (Queets River) and east of
125 deg.44'00'' W. long.
(3) Hoh--That portion of the FMA between 47 deg.54'18'' N. lat.
(Quillayute River) and 47 deg.21'00'' N. lat. (Quinault River) and east
of 125 deg.44'00'' W. long.
[[Page 34596]]
(4) Quinault--That portion of the FMA between 47 deg.40'06'' N.
lat. (Destruction Island) and 46 deg.53'18'' N. lat. (Point Chehalis)
and east of 125 deg.44'00'' W. long.
(d) Procedures. The rights referred to in paragraph (a) of this
section will be implemented by the Secretary, after consideration of
the tribal request, the recommendation of the Council, and the comments
of the public. The rights will be implemented either through an
allocation of fish that will be managed by the tribes, or through
regulations in this section that will apply specifically to the tribal
fisheries. An allocation or a regulation specific to the tribes shall
be initiated by a written request from a Pacific Coast treaty Indian
tribe to the Regional Director, prior to the first of the Council's two
annual groundfish meetings. The Secretary generally will announce the
annual tribal allocation at the same time as the annual specifications.
The Secretary recognizes the sovereign status and co-manager role of
Indian tribes over shared Federal and tribal fishery resources.
Accordingly, the Secretary will develop tribal allocations and
regulations under this paragraph in consultation with the affected
tribe(s) and, insofar as possible, with tribal consensus.
(e) Identification. A valid treaty Indian identification card
issued pursuant to 25 CFR part 249, subpart A, is prima facie evidence
that the holder is a member of the Pacific Coast treaty Indian tribe
named on the card.
(f) A limited entry permit under subpart C is not required for
participation in a tribal fishery described in paragraph (d) of this
section.
(g) Fishing under this section by a member of a Pacific Coast
treaty Indian tribe within their usual and accustomed fishing area is
not subject to the provisions of other sections of this part.
(h) Any member of a Pacific Coast treaty Indian tribe must comply
with this section, and with any applicable tribal law and regulation,
when participating in a tribal groundfish fishery described in
paragraph (d) of this section.
(i) Fishing by a member of a Pacific Coast treaty Indian tribe
outside the applicable Indian tribe's usual and accustomed fishing
area, or for a species of groundfish not covered by an allocation or
regulation under this section, is subject to the regulations in the
other sections of this part.
(j) Black rockfish. Harvest guidelines for commercial harvests of
black rockfish by members of the Pacific Coast Indian tribes using hook
and line gear will be established annually for the areas between the
U.S.-Canadian border and Cape Alava (48 deg.09'30'' N. lat.) and
between Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter
Point (46 deg.38'10'' N. lat.), in accordance with the procedures for
implementing annual specifications. Pacific Coast treaty Indians
fishing for black rockfish in these areas under these harvest
guidelines are subject to the provisions in this section, and not to
the restrictions in other sections of this part.
(k) Groundfish without a tribal allocation. Makah tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
Sec. 660.331 Limited entry and open access fisheries--general.
All commercial fishing for groundfish must be conducted in
accordance with the regulations governing limited entry and open access
fisheries, except such fishing by treaty Indian tribes as may be
separately provided for.
Sec. 660.332 Allocations.
(a) General. The commercial portion of the Pacific Coast groundfish
fishery, excluding the treaty Indian fishery, is divided into limited
entry and open access fisheries. Separate allocations for the limited
entry and open access fisheries will be established annually for
certain species and/or areas using the procedures described in this
subpart or the PCGFMP.
(1) Limited entry allocation. The allocation for the limited entry
fishery is the allowable catch (harvest guideline or quota excluding
set asides for recreational or tribal Indian fisheries) minus the
allocation to the open access fishery.
(2) Open access allocation. The allocation for the open access
fishery is derived by applying the open access allocation percentage to
the annual harvest guideline or quota after subtracting any set asides
for recreational or tribal Indian fisheries. For management areas where
quotas or harvest guidelines for a stock are not fully utilized, no
separate allocation will be established for the open access fishery
until it is projected that the allowable catch for a species will be
reached.
(b) Open access allocation percentage. For each species with a
harvest guideline or quota, the initial open access allocation
percentage is calculated by:
(1) Computing the total catch for that species during the window
period by any vessel that does not initially receive a limited entry
permit.
(2) Dividing that amount by the total catch during the window
period by all gear.
(3) The guidelines in this paragraph (b)(3) apply to recalculation
of the open access allocation percentage. Any recalculated allocation
percentage will be used in calculating the following year's open access
allocation. If a gear type is prohibited by a state or the Secretary
and a vessel thereby qualifies for a limited entry permit under this
subpart, or if a small limited entry fleet is incorporated into the
limited entry fishery under Sec. 660.338, the window-period catch of
these vessels will be deducted from the open access fishery's
historical catch levels and the open access allocation percentage
recalculated accordingly.
(c) Catch accounting between the limited entry and open access
fisheries. Any groundfish caught by a vessel with a limited entry
permit will be counted against the limited entry allocation while the
limited entry fishery for that vessel's limited entry gear is open.
When the fishery for a vessel's limited entry gear has closed,
groundfish caught by that vessel with open access gear will be counted
against the open access allocation. All groundfish caught by vessels
without limited entry permits will be counted against the open access
allocation.
(d) Additional guidelines. Additional guidelines governing
determination of the limited entry and open access allocations are in
the PCGFMP.
(e) Treaty Indian fisheries. Certain amounts of groundfish may be
set aside annually for tribal fisheries prior to dividing the balance
of the allowable catch between the limited entry and open access
fisheries. Tribal fisheries conducted under a set-aside are not subject
to the regulations governing limited entry and open access fisheries.
(f) Recreational fisheries. Recreational fishing for groundfish is
outside the scope of, and not affected by, the regulations governing
limited entry and open access fisheries. Certain amounts of groundfish
may be specifically allocated to the recreational fishery, and will be
set aside prior to dividing the commercial allocation between the
commercial limited entry and open access fisheries.
Sec. 660.333 Limited entry fishery-general.
(a) General. Participation in the limited entry fishery requires
that the owner of a vessel have a limited entry permit affixed with a
gear endorsement registered for use with that vessel for the gear being
fished. There are four types
[[Page 34597]]
of gear endorsements: ``A,'' ``Provisional A,'' ``B,'' and ``Designated
species B.'' More than one type of gear endorsement may be affixed to a
limited entry permit. While the limited entry fishery is open, vessels
fishing under limited entry permits may also fish with open access
gear. All fishing with open access gear is subject to regulations
applicable to the open access fishery. Vessels with limited entry
permits may also participate in the open access fishery when the
limited entry fishery is closed, but only with open access gear.
(b) Renewal of limited entry permits and gear endorsements.
(1) Limited entry permits expire at the end of each calendar year,
and must be renewed between October 1 and November 30 of each year in
order to remain in force the following year.
(2) Notification to renew limited entry permits will be issued by
FMD prior to September 1 each year to the most recent address of the
permit owner. The permit owner shall provide FMD with notice of any
address change within 15 days of the change.
(3) A limited entry permit that is allowed to expire will not be
renewed unless the FMD determines that failure to renew was proximately
caused by the illness, injury, or death of the permit owner.
(c) Transfer and registration of limited entry permits and gear
endorsements. (1) Upon transfer of a limited entry permit, the FMD will
reissue the permit in the name of the new permit holder with such gear
endorsements as are eligible for transfer with the permit. No transfer
is effective until the limited entry permit has been reissued and is in
the possession of the new permit holder.
(2) A limited entry permit may not be used with a vessel unless it
is registered for use with that vessel. Limited entry permits will
normally be registered for use with a particular vessel at the time the
permit is issued, renewed, transferred, or replaced. A permit not
registered for use with a particular vessel may not be used. If the
permit will be used with a vessel other than the one registered on the
permit, a registration for use with the new vessel must be obtained
from the FMD and placed aboard the vessel before it is used under the
permit.
(3) Application forms for the transfer and registration of limited
entry permits are available from the FMD (see part 600 for address of
the Regional Director). Contents of the application, and required
supporting documentation, are specified in the application form.
(4) The FMD will maintain records of all limited entry permits that
have been issued, renewed, transferred, registered, or replaced.
(d) Evidence and burden of proof. A vessel owner (or person holding
limited entry rights under the express terms of a written contract)
applying for issuance, renewal, transfer, or registration of a limited
entry permit has the burden to submit evidence to prove that
qualification requirements are met. The following evidentiary standards
apply:
(1) A certified copy of the current vessel document (USCG or state)
is the best evidence of vessel ownership and LOA.
(2) A certified copy of a state fish receiving ticket is the best
evidence of a landing, and of the type of gear used.
(3) A copy of a written contract reserving or conveying limited
entry rights is the best evidence of reserved or acquired rights.
(4) Such other relevant, credible evidence as the applicant may
submit, or the FMD or the Regional Director request or acquire, may
also be considered.
(e) Initial decisions. Initial decisions regarding issuance,
renewal, transfer, and registration of limited entry permits, and
endorsement upgrade, will be made by the FMD.
Adverse decisions shall be in writing and shall state the reasons
therefor. The FMD may decline to act on an application for issuance,
renewal, transfer, or registration of a limited entry permit if the
permit sanction provisions of the Magnuson Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D, apply.
(f) Transfers. Limited entry permits are transferable as follows:
(1) The permit owner may transfer (by sale, assignment, lease,
bequest, intestate succession, barter, trade, gift, or other form of
conveyance) the limited entry permit to a different person. The permit
holder may register the permit for use with a different vessel under
the same ownership, subject to the conditions set forth in this
subpart.
(2) Gear endorsements may not be transferred separately from the
limited entry permit.
(3) Except as provided in Secs. 660.335(b), 660.336(b), and
660.337(b)(2), only ``A'' gear endorsements remain valid with the
transfer of a limited entry permit.
(g) Eligibility. Only a person eligible to own a documented vessel
under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by
ownership or otherwise) a limited entry permit.
(h) Vessel size endorsements--(1) General. The limited entry permit
will be endorsed with the LOA for the size of the vessel that initially
qualified for the permit, except:
(i) If the permit was initially issued under section 14.3.2.3.8 of
the FMP [re pre-1991 replacement vessels qualifying for ``provisional
A'' permits] for a replacement vessel that was more than 5 ft (1.52 m)
longer than the replaced vessel, the permit will be endorsed for the
size of the replacement vessel.
(ii) If the permit was initially issued to a replacement trawl
vessel that was more than 5 ft (1.52 m) shorter than the replaced
vessel, it will be endorsed for the size of the smaller replacement
vessel.
(iii) If the permit is registered for use with a trawl vessel that
is more than 5 ft (1.52 m) shorter than the size for which the permit
is endorsed, it will be endorsed for the size of the smaller vessel.
(iv) When permits are combined into one permit to be registered for
use with a vessel requiring a larger size endorsement, the new permit
will be endorsed for the size of the larger vessel.
(2) Limitations of size endorsements--(i) A limited entry permit
endorsed only for gear other than trawl gear may be registered for use
with a vessel up to 5 ft (1.52 m) longer than, the same length as, or
any length shorter than, the size endorsed on the existing permit
without requiring a combination of permits under paragraph (i) of this
section or a change in the size endorsement.
(ii) A limited entry permit endorsed for trawl gear may be
registered for use with a vessel between 5 ft (1.52 m) shorter and 5 ft
(1.52 m) longer than the size endorsed on the existing permit without
requiring a combination of permits under paragraph (i) of this section
or a change in the size endorsement under paragraph (h)(1)(iii) of this
section.
(iii) Combining limited entry permits. Two or more limited entry
permits with ``A'' gear endorsements for the same type of limited entry
gear may be combined and reissued as a single permit with a larger size
endorsement. The vessel harvest capacity rating for each of the permits
being combined is that indicated in Table 2 of this part for the LOA
(in feet) endorsed on the respective limited entry permit. Harvest
capacity ratings for fractions of a foot in vessel length will be
determined by multiplying the fraction of a foot in vessel length by
the difference in the two ratings assigned to the nearest integers of
vessel length. The length rating for the combined permit is that
indicated for the sum of the vessel harvest capacity ratings for each
permit being combined. If that sum falls
[[Page 34598]]
between the sums for two adjacent lengths on Table 2 of this part, the
length rating shall be the higher length.
(i) Limited entry permits indivisible. Limited entry permits may
not be divided for use by more than one vessel.
Sec. 660.334 Limited entry permits--''A'' endorsement.
(a) A limited entry permit with an ``A'' endorsement entitles the
holder to participate in the limited entry fishery for all groundfish
species with the type(s) of limited entry gear specified in the
endorsement.
(b) An ``A'' endorsement is transferable with the limited entry
permit to another person, or a different vessel under the same
ownership under Sec. 660.333.
(c) An ``A'' endorsement expires on failure to renew the limited
entry permit to which it is affixed (see Sec. 660.333).
Sec. 660.335 Limited entry permits--''Provisional A'' endorsement.
(a) A ``provisional A'' endorsement entitles the permit owner to
fish for all groundfish species with the types of limited entry gear
specified in the endorsement.
(b) A ``provisional A'' endorsement is not transferrable except as
specified in the PCGFMP.
(c) The holder of a ``provisional A'' endorsement must comply with
the requirements set out in the PCGFMP at 14.3.2.4 in order for the
permit to be upgraded to an ``A'' permit.
(d) A ``provisional A'' endorsement expires at the end of any of
the three consecutive 365-day periods (during the 3-year qualifying
period) in which a vessel's landings do not meet the applicable landing
requirement or upon failure to renew the limited entry permit. A
``provisional A'' endorsement that expires will not be reissued.
Sec. 660.336 Limited entry permits--''B'' endorsement.
(a) A limited entry permit with a ``B'' endorsement entitles the
permit owner to fish for all groundfish species with the type(s) of
limited entry gear specified in the endorsement.
(b) A ``B'' endorsement is not transferable to another person, and
may not be used with another vessel under the same ownership, unless
the vessel for which the endorsement was issued is totally lost, and
the permit is transferred to a replacement vessel owned by the same
owner.
(c) All ``B'' endorsements expire on December 31, 1996.
(d) A ``B'' endorsement expires on failure to renew the limited
entry permit.
Sec. 660.337 Limited entry permits--``designated species B''
endorsement.
(a) Issuance criteria--(1) General. Designated species means
Pacific whiting, jack mackerel north of 39 deg. N. lat., and shortbelly
rockfish. Bycatch allowances in fisheries for these species will be
established using the procedures specified for incidental allowances in
joint venture and foreign fisheries in the PCGFMP.
(2) Catch limit. On or about October 1 of each year, the FMD will
determine the commitment of persons with limited entry permits with
``A'' gear endorsements (the ``limited entry fleet'') to harvest each
designated species for delivery to domestic processors during the
coming year. ``Commitment'' means a permit holder's contract or
agreement with a specific domestic processor to deliver an estimated
amount of the designated species. The ``designated species B''
endorsement catch limit is the harvest guideline or quota for the
designated species minus the commitment of the limited entry fleet. If
the commitment is less than DAP and the harvest guideline or quota for
the species, ``designated species B'' endorsements valid for delivery
to domestic processors will be issued in numbers necessary to reach but
not exceed the harvest guideline or quota. ``Designated species B''
endorsements also may be issued for delivery to foreign processors of
designated species for which a JVP is established. If, at any time
during the fishing year, the FMD determines that any part of the
limited entry fleet commitment will not be taken, the Regional Director
will make a reapportionment to the ``designated species B'' endorsement
catch limit. The amount of the annual limited entry fleet commitment,
``designated species B'' endorsement catch limit, and the amounts and
timing of any reapportionments to the ``designated species B''
endorsement catch limit will be announced in the Federal Register.
(3) Procedure for issuance. Owners of vessels applying for
``designated species B'' endorsements must apply on or before November
1 of each year for a ``designated species B'' endorsement for the
following year. Applications are available from the FMD. Applicants are
required to specify their commitments for delivery of the designated
species for the coming year. On or about November 1 of each year, the
FMD will establish a prioritized list of applicants based on seniority
(number of years the vessel has fished for the designated species). A
vessel which replaces a lost vessel, consistent with the standards in
the PCGFMP, has the same seniority status as the replaced vessel.
Vessels with equal seniority will be ranked equally. ``Designated
species B'' endorsements will be issued first to all vessels with the
highest seniority, then to those with the next highest seniority, and
so on down the list. No further endorsements will be issued when it is
estimated that the commitments of applicants receiving endorsements is
sufficient to take the ``designated species B'' catch limit. If there
are insufficient commitments by senior applicants to take the
``designated species B'' catch limit, additional applications will be
ranked by lottery and a number of endorsements sufficient to take the
catch limit will be issued.
(b) Attributes. (1) A limited entry permit with a ``designated
species B'' endorsement entitles the permit recipient to fish only for
the species, and only with the gear, specified in the endorsement.
(2) A ``designated species B'' endorsement is not transferable to
another person, and may not be used with a different vessel under the
same ownership, unless the vessel has been totally lost and replaced
consistent with the provisions of the PCGFMP, in which case the
replacement vessel has the same seniority as the lost vessel for
purposes of a ``designated species B'' endorsement.
(3) A ``designated species B'' endorsement is valid only for the
fishing year for which it is issued.
Sec. 660.338 Limited entry permits--new permits.
(a) Small limited entry fisheries that are controlled by a local
government, are in existence as of July 11, 1991, and have negligible
impacts on the groundfish resource, may be certified as consistent with
the goals and objectives of the limited entry program and incorporated
into the limited entry fishery. Permits issued under this subsection
will be issued according to the standards and procedures set out in the
PCGFMP and will carry the rights explained therein. Window period is
that period from July 11, 1984, through August 1, 1988.
(b) If, after the window period, an exempt gear is prohibited by
Washington, Oregon, or California or NMFS, the owners of vessels using
such gear, who would not otherwise qualify for an ``A'' or
``provisional A'' endorsement, may qualify for a ``provisional A''
endorsement for only one of the three limited entry gears, if the
vessel used the prohibited gear to make sufficient landings of
groundfish during the window period to meet the MLR for the limited
entry gear. If a vessel would qualify for an endorsement
[[Page 34599]]
for more than one limited entry gear, the owner must choose the type of
gear for which the endorsement will be issued. If an ``A'' or
``provisional A'' endorsement was previously issued for the vessel, and
the endorsement was subsequently transferred or expired, no
``provisional A'' endorsement will be issued. Permits issued under this
section will be issued according to the procedures and standards set
out in the PCGFMP and will carry the rights explained therein.
(c) An owner of a vessel that qualifies under this section must
apply to the FMD for a permit within 180 days of incorporation of the
limited entry fleet of which the vessel is a part or within 180 days of
the effective date of the prohibition of that vessel's gear. Untimely
applications will be rejected unless the applicant demonstrates that
circumstances beyond the applicant's control prevented submission of
the application during the specified period. Illness, injury, or death
of the potential applicant are the primary grounds on which untimely
applications may be accepted.
Sec. 660.339 Limited entry permit fees.
The Regional Director will charge fees to cover administrative
expenses related to issuance of limited entry permits, including
initial issuance, renewal, transfer, vessel registration, replacement,
and appeals. The appropriate fee must accompany each application.
Sec. 660.340 Limited entry permit appeals.
(a) Decisions on appeals of initial decisions regarding issuance,
renewal, transfer, and registration of limited entry permits, and
endorsement upgrade, will be made by the Regional Director.
(b) Appeals decisions shall be in writing and shall state the
reasons therefor.
(c) Within 30 days of an initial decision by the FMD denying
issuance, renewal, transfer, or registration of a limited entry permit,
or endorsement upgrade, on the terms requested by the applicant, an
appeal may be filed with the Regional Director.
(d) The appeal must be in writing, and must allege facts or
circumstances to show why the criteria in this subpart have been met,
or why an exception should be granted.
(e) At the appellant's discretion, the appeal may be accompanied by
a request that the Regional Director seek a recommendation from the
Council as to whether the appeal should be granted. Such a request must
contain the appellant's acknowledgement that the confidentiality
provisions of the Magnuson Act at 16 U.S.C. 1853(d) and part 600 of
this chapter are waived with respect to any information supplied by the
Regional Director to the Council and its advisory bodies for purposes
of receiving the Council's recommendation on the appeal. In responding
to a request for a recommendation on appeal, the Council will apply the
provisions of the PCGFMP in making its recommendation as to whether the
appeal should be granted.
(f) Absent good cause for further delay, the Regional Director will
issue a written decision on the appeal within 45 days of receipt of the
appeal, or, if a recommendation from the Council is requested, within
45 days of receiving the Council's recommendation. The Regional
Director's decision is the final administrative decision of the
Department as of the date of the decision.
Sec. 660.341 Limited entry permit sanctions.
Limited entry permits issued or applied for under this subpart are
subject to sanctions pursuant to the Magnuson Act at 16 U.S.C. 1858(g)
and 15 CFR part 904, subpart D.
Subpart H--West Coast Salmon Fisheries
Sec. 660.401 Purpose and scope.
This subpart implements the Fishery Management Plan for Commercial
and Recreational Salmon Fisheries Off the Coasts of Washington, Oregon,
and California developed by the Pacific Fishery Management Council.
These regulations govern the management of West Coast salmon fisheries
in the EEZ.
Sec. 660.402 Definitions.
In addition to the definitions in the Magnuson Act and in Sec.
600.10 of this chapter, the terms used in this subpart have the
following meanings:
Barbless hook means a hook with a single shank and point, with no
secondary point or barb curving or projecting in any other direction.
Where barbless hooks are specified, hooks manufactured with barbs can
be made barbless by forcing the point of the barb flat against the main
part of the point.
Commercial fishing means fishing with troll fishing gear as defined
annually under Sec. 660.408, or fishing for the purpose of sale or
barter of the catch.
Council means the Pacific Fishery Management Council.
Dressed, head-off length of salmon means the shortest distance
between the midpoint of the clavicle arch (see Figure 3 of this
subpart) and the fork of the tail, measured along the lateral line
while the fish is lying on its side, without resort to any force or
mutilation of the fish other than removal of the head, gills, and
entrails (see Figure 3 of this subpart).
Dressed, head-off salmon means salmon that have been beheaded,
gilled, and gutted without further separation of vertebrae, and are
either being prepared for on-board freezing, or are frozen and will
remain frozen until landed.
Fishery management area means the EEZ off the coasts of Washington,
Oregon, and California, bounded on the north by the Provisional
International Boundary between the United States and Canada, and
bounded on the south by the International Boundary between the United
States and Mexico. The northeastern, northern, and northwestern
boundaries of the fishery management area are as follows:
(1) Northeastern boundary--that part of a line connecting the light
on Tatoosh Island, WA, with the light on Bonilla Point on Vancouver
Island, British Columbia, southerly of the International Boundary
between the United States and Canada (at 48 deg.29'37'' N. lat.,
124 deg.43'33'' W. long.), and northerly of the point where that line
intersects with the boundary of the U.S. territorial sea.
(2) Northern and northwestern boundary is a line 1 connecting
the following coordinates:
---------------------------------------------------------------------------
\1\ The line joining these coordinates is the provisional
international boundary of the U.S. EEZ as shown on NOAA/NOS Charts
#18480 and #18002.
N. lat. W. long.
48 deg.29'37.19'' 124 deg.43'33.19''
48 deg.30'11'' 124 deg.47'13''
48 deg.30'22'' 124 deg.50'21''
48 deg.30'14'' 124 deg.52'52''
48 deg.29'57'' 124 deg.59'14''
48 deg.29'44'' 125 deg.00'06''
48 deg.28'09'' 125 deg.05'47''
48 deg.27'10'' 125 deg.08'25''
48 deg.26'47'' 125 deg.09'12''
48 deg.20'16'' 125 deg.22'48''
48 deg.18'22'' 125 deg.29'58''
48 deg.11'05'' 125 deg.53'48''
47 deg.49'15'' 126 deg.40'57''
47 deg.36'47'' 127 deg.11'58''
47 deg.22'00'' 127 deg.41'23''
46 deg.42'05'' 128 deg.51'56''
46 deg.31'47'' 129 deg.07'39''
(3) The southern boundary of the fishery management area is the
U.S.-Mexico International Boundary, which is a line connecting the
following coordinates:
N. lat. W. long.
32 deg.35'22'' 117 deg.27'49''
32 deg.37'37'' 117 deg.49'31''
31 deg.07'58'' 118 deg.36'18''
30 deg.32'31'' 121 deg.51'58''
(4) The inner boundaries of the fishery management area are subject
to
[[Page 34600]]
change if the Secretary assumes responsibility for the regulation of
the salmon fishery within state waters under section 306(b) of the
Magnuson Act.
Freezer trolling vessel means a fishing vessel, equipped with troll
fishing gear, that has a present capability for:
(1) On board freezing of the catch.
(2) Storage of the fish in a frozen condition until they are
landed.
Land or landing means to begin transfer of fish from a fishing
vessel. Once transfer begins, all fish onboard the vessel are counted
as part of the landing.
Plugs means artificial fishing lures made of wood or hard plastic
with one or more hooks attached. Lures commonly known as ``spoons,''
``wobblers,'' ``dodgers,'' and flexible plastic lures are not
considered plugs, and may not be used where ``plugs only'' are
specified.
Recreational fishing means fishing with recreational fishing gear
as defined annually under Sec. 660.408 and not for the purpose of sale
or barter.
Recreational fishing gear will be defined annually under
Sec. 660.408.
Regional Director means the Director, Northwest Region, NMFS, or a
designee. For fisheries occurring primarily or exclusively in the
fishery management area seaward of California, Regional Director means
the Director, Northwest Region, NMFS, acting in consultation with the
Director, Southwest Region, NMFS.
Salmon means any anadromous species of the family Salmonidae and
genus Oncorhynchus, commonly known as Pacific salmon, including, but
not limited to:
Chinook (king) salmon, Oncorhynchus tshawytscha
Coho (silver) salmon, Oncorhynchus kisutch
Pink (humpback) salmon, Oncorhynchus gorbuscha
Chum (dog) salmon, Oncorhynchus keta
Sockeye (red) salmon, Oncorhynchus nerka
Steelhead (rainbow trout), Oncorhynchus mykiss
Total length of salmon means the shortest distance between the tip
of the snout or jaw (whichever extends furthest while the mouth is
closed) and the tip of the longest lobe of the tail, without resort to
any force or mutilation of the salmon other than fanning or swinging
the tail.
Treaty Indian fishing means fishing for salmon and steelhead in the
fishery management area by a person authorized by the Makah Tribe to
exercise fishing rights under the Treaty with the Makah, or by the
Quileute, Hoh, or Quinault Tribes to exercise fishing rights under the
Treaty of Olympia.
Troll fishing gear will be defined annually under Sec. 660.408.
Whole bait means a hook or hooks baited with whole natural bait
with no device to attract fish other than a flasher.
Sec. 660.403 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 600.705 of this chapter, Sec. 660.2, and paragraphs (b) and (c) of
this section.
(b) Any person fishing subject to this subpart who also engages in
fishing for groundfish should consult Federal regulations in subpart G
for applicable requirements of that subpart, including the requirement
that vessels engaged in commercial fishing for groundfish (except
commercial passenger vessels) have vessel identification in accordance
with Sec. 660.305.
(c) Any person fishing subject to this subpart is bound by the
international boundaries of the fishery management area described in
Sec. 660.402, notwithstanding any dispute or negotiation between the
United States and any neighboring country regarding their respective
jurisdictions, until such time as new boundaries are published by the
United States.
Sec. 660.404 Recordkeeping and reporting.
(a) This subpart recognizes that catch and effort data necessary
for implementation of any applicable fishery management plan are
collected by the States and Indian tribes of Washington, Oregon,
California, and Idaho under existing data collection requirements.
Except as provided in paragraph (b) of this section, no additional
catch reports will be required of fishermen or processors so long as
the data collection and reporting systems operated by State agencies
and Indian tribes continue to provide NMFS with statistical information
adequate for management.
(b) Persons engaged in commercial fishing may be required to submit
catch reports that are specified annually under Sec. 660.408.
Sec. 660.405 Prohibitions.
(a) 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:
(1) Take and retain or land salmon caught with a net in the fishery
management area, except that a hand-held net may be used to bring
hooked salmon on board a vessel.
(2) Fish for, or take and retain, any species of salmon:
(i) During closed seasons or in closed areas;
(ii) While possessing on board any species not allowed to be taken
in the area at the time;
(iii) Once any catch limit is attained;
(iv) By means of gear or methods other than recreational fishing
gear or troll fishing gear, or gear authorized under Sec. 660.408(k)
for treaty Indian fishing;
(v) In violation of any action issued under this subpart; or
(vi) In violation of any applicable area, season, species, zone,
gear, daily bag limit, or length restriction.
(3) Fish for salmon in an area when salmon of less than the legal
minimum length for that area are on board the fishing vessel, except
that this provision does not prohibit transit of an area when salmon of
less than the legal minimum length for that area are on board, so long
as no fishing is being conducted.
(4) Remove the head of any salmon caught in the fishery management
area, or possess a salmon with the head removed, if that salmon has
been marked by removal of the adipose fin to indicate that a coded wire
tag has been implanted in the head of the fish.
(5) Take and retain or possess on board a fishing vessel any
species of salmon that is less than the applicable minimum total
length, including the applicable minimum length for dressed, head-off
salmon.
(6) Possess on board a fishing vessel a salmon, for which a minimum
total length is extended or cannot be determined, except that dressed,
head-off salmon may be possessed on board a freezer trolling vessel,
unless the adipose fin of such salmon has been removed.
(7) Fail to return to the water immediately and with the least
possible injury any salmon the retention of which is prohibited by this
subpart.
(8) Engage in recreational fishing while aboard a vessel engaged in
commercial fishing. This restriction is not intended to prohibit the
use of fishing gear otherwise permitted under the definitions of troll
and recreational fishing gear, so long as that gear is legal in the
fishery for which it is being used.
(9) Take and retain, possess, or land any steelhead taken in the
course of commercial fishing in the fishery management area, unless
such take and retention qualifies as treaty Indian fishing.
(10) Sell, barter, offer to sell, offer to barter, or purchase any
salmon taken in the course of recreational salmon fishing.
(11) Refuse to submit fishing gear or catch subject to such
person's control to
[[Page 34601]]
inspection by an authorized officer, or to interfere with or prevent,
by any means, such an inspection.
(12) Take and retain Pacific halibut (Hippoglossus stenolepis)
except in accordance with regulations of the International Pacific
Halibut Commission at part 300 of this title. Pacific halibut that
cannot be retained lawfully must be returned to the water immediately
and with the least possible injury.
(13) Violate any other provision of this subpart.
(b) The fishery management area is closed to salmon fishing except
as opened by this subpart or superseding regulations or notices. All
open fishing periods begin at 0001 hours and end at 2400 hours local
time on the dates specified.
Sec. 660.406 Exempted fishing.
(a) NMFS may allow such exempted fishing in the fishery management
area as may be recommended by the Council, the Federal Government,
state government, or treaty Indian tribes having usual and accustomed
fishing grounds in the fishery management area.
(b) NMFS will not allow any exempted fishery recommended by the
Council unless NMFS determines that the purpose, design, and
administration of the exempted fishery are consistent with the goals
and objectives of the Council's fishery management plan, the national
standards (section 301(a) of the Magnuson Act), and other applicable
law.
(c) Each vessel participating in any exempted fishery recommended
by the Council and allowed by NMFS is subject to all provisions of this
subpart, except those portions which relate to the purpose and nature
of the exempted fishery. These exceptions will be specified in a permit
issued by the Regional Director to each vessel participating in the
exempted fishery and that permit must be carried aboard each
participating vessel.
Sec. 660.407 Treaty Indian fishing.
Except as otherwise provided in this subpart, treaty Indian fishing
in any part of the fishery management area is subject to the provisions
of this subpart, the Magnuson Act, and any other regulations issued
under the Magnuson Act.
Sec. 660.408 Annual actions.
(a) General. NMFS will annually establish or, as necessary, adjust
management specifications for the commercial, recreational, and treaty
Indian fisheries by publishing the action in the Federal Register under
Sec. 660.411. Management specifications are set forth in paragraphs (b)
through (n) of this section.
(b) Allowable ocean harvest levels. The allowable ocean harvest for
commercial, recreational, and treaty Indian fishing may be expressed in
terms of season regulations expected to achieve a certain optimum
harvest level or in terms of a particular number of fish. Procedures
for determining allowable ocean harvest vary by species and fishery
complexity, and are documented in the fishery management plan and
Council documents.
(c) Allocation of ocean harvest levels--(1) Coho and chinook from
the U.S.-Canada border to Cape Falcon--(i) Overall allocation schedule.
Initial allocation of coho and chinook salmon north of Cape Falcon, OR,
will be based on the following schedule:
------------------------------------------------------------------------
Percentage 1
Allowable non-treaty ocean harvest (thousands -------------------------
of fish) Commercial Recreational
------------------------------------------------------------------------
Coho:
0-300....................................... 25 75
>300........................................ 60 40
Chinook:
0-100....................................... 50 50
>100-150.................................... 60 40
>150........................................ 70 30
------------------------------------------------------------------------
1 The percentage allocation is tiered and must be calculated in additive
steps when the harvest level exceeds the initial tier. For example,
for a total allowable ocean harvest of 150,000 chinook, the
recreational allocation would be equal to 50 percent of 100,000
chinook plus 40 percent of 50,000 chinook or 50,000 + 20,000 = 70,000
chinook.
(ii) Deviations from allocation schedule. The initial allocation
may be modified annually in accordance with paragraphs (c)(1)(iii)
through (vii) of this section. These deviations from the allocation
schedule provide flexibility to account for the dynamic nature of the
fisheries and better achieve the allocation objectives and fishery
allocation priorities in paragraphs (c)(1)(viii) and (ix) of this
section. Total allowable ocean harvest will be maximized to the extent
possible consistent with treaty obligations, state fishery needs, and
spawning requirements. Every effort will be made to establish seasons
and gear requirements that provide troll and recreational fleets a
reasonable opportunity to catch the available harvest. These may
include single-species directed fisheries with landing restrictions for
other species.
(iii) Preseason trades. Preseason species trades (chinook and coho)
may be made if they are based upon the recommendation of the commercial
and recreational Salmon Advisory Subpanel representatives for the area
north of Cape Falcon; simultaneously benefit both the commercial and
recreational fisheries or benefit one fishery without harming the
other; and are supported by a socio-economic analysis that compares the
impacts of the recommendation to those of the standard allocation
schedule to determine the allocation that best meets the allocation
objectives. This analysis will be made available to the public during
the preseason process for establishing annual management measures.
Preseason trades will use an exchange ratio of four coho to one chinook
as a desirable guideline.
(iv) Commercial allocation. The commercial allowable ocean harvest
of chinook and coho derived during the preseason allocation process may
be varied by major subareas (i.e., north of Leadbetter Point and south
of Leadbetter Point) if there is need to do so to decrease impacts on
weak stocks. Deviations in each major subarea will generally not exceed
50 percent of the allowable ocean harvest of each species that would
have been established without a geographic deviation in the
distribution of the allowable ocean harvest. Deviation of more than 50
percent will be based on a conservation need to protect the weak stocks
and will provide larger overall harvest for the entire fishery north of
Cape Falcon than would have been possible without the deviation.
(v) Recreational allocation. The recreational allowable ocean
harvest of chinook and coho derived during the preseason allocation
process will be distributed among the three major recreational subareas
as described in the coho and chinook distribution sections below.
Additionally, based upon the recommendation of the recreational Salmon
Advisory Subpanel representatives for the area north of Cape Falcon,
the Council will include criteria in its preseason salmon management
recommendations to guide any inseason transfer of coho among the
recreational subareas to meet recreational season duration objectives.
The Council may also establish additional subarea quotas with a major
subarea to meet recreational season objectives based on agreement of
representatives of the affected ports.
(A) Coho distribution. The preseason recreational allowable ocean
harvest of coho north of Cape Falcon will be distributed to provide 50
percent to the area north of Leadbetter Point and 50 percent to the
area south of Leadbetter Point. In years with no fishery in Washington
State management area 4B, the distribution of coho north of Leadbetter
Point will be divided to
[[Page 34602]]
provide 74 percent to the subarea between Leadbetter Point and the
Queets River (Westport) and 26 percent to the subarea north of the
Queets River (Neah Bay/La Push). In years when there is an area 4B
fishery under state management, 25 percent of the numerical value of
that fishery shall be added to the recreational allowable ocean harvest
north of Leadbetter Point prior to applying the sharing percentages.
That same value would then be subtracted from the Neah Bay/La Push
share in order to maintain the same total distribution north of
Leadbetter Point.
(B) Chinook distribution. Subarea distributions of chinook will be
managed as guidelines based on calculations of the Salmon Technical
Team with the primary objective of achieving all-species fisheries
without imposing chinook restrictions (i.e., area closures or bag limit
reductions). Chinook in excess of all-species fisheries needs may be
utilized by directed chinook fisheries north of Cape Falcon or by
negotiating a preseason species trade of chinook and coho between
commercial and recreational allocations in accordance with paragraph
(c)(1)(iii) of this section.
(vi) Inseason trades and transfers. Inseason transfers, including
species trades of chinook and coho, may be permitted in either
direction between commercial and recreational fishery quotas to allow
for uncatchable fish in one fishery to be reallocated to the other.
Fish will be deemed uncatchable by a respective commercial or
recreational fishery only after considering all possible annual
management actions to allow for their harvest that are consistent with
the harvest management objectives specific in the fishery management
plan including consideration of single species fisheries.
Implementation of inseason transfers will require consultation with the
pertinent commercial and recreational Salmon Advisory Subpanel
representatives from the area involved and the Salmon Technical Team,
and a clear establishment of available fish and impacts from the
transfer. Inseason trades or transfers may vary from the guideline
ratio of four coho to one chinook to meet the allocation objectives in
paragraph (c)(1)(viii) of this section.
(vii) Other inseason provisions. Any increase or decrease in the
recreational or commercial allowable ocean harvest resulting from an
inseason restructuring of a fishery or other inseason management action
does not require reallocation of the overall non-treaty allowable ocean
harvest north of Cape Falcon between the recreational and commercial
fisheries. Inseason redistribution of subarea quotas within the
recreational fishery or the distribution of allowable coho catch
transfers from the commercial fishery among subareas may deviate from
the preseason distribution. Inseason management actions may be taken by
the Regional Director to assure meeting the primary objective of
achieving all-species fisheries without imposing chinook restrictions
in each of the recreational subareas north of Cape Falcon. Such actions
might include, but are not limited to: Closure from 0 to 3, 0 to 6, 3
to 200, or 5 to 200 nm from shore; closure from a point extending due
west from Tatoosh Island for 5 nm, then south to a point due west of
Umatilla Reef Buoy, then due east to shore; closure from North Head at
the Columbia River mouth north to Leadbetter Point; change in species
that may be landed; or other actions as prescribed in the annual
management measures.
(viii) Allocation objectives. The goal of allocating ocean harvest
north of Cape Falcon is to achieve, to the greatest degree possible,
the following objectives for the commercial and recreational fisheries.
When deviation from the allocation schedule is being considered, these
objectives will serve as criteria to help determine whether a user
group will benefit from the deviation.
(A) Provide recreational opportunity by maximizing the duration of
the fishing season while minimizing daily and area closures and
restrictions on gear and daily limits.
(B) Maximize the value of the commercial harvest while providing
fisheries of reasonable duration.
(ix) Fishery allocation priorities. The following fishery
allocation priorities will provide guidance in the preseason process of
establishing final harvest allocations and structuring seasons that
best achieve the allocation objectives. To the extent fish are provided
to each fishery by the allocation schedule, these priorities do not
favor one user group over the other and should be met simultaneously
for each fishery. Seasons may be structured that deviate from these
priorities consistent with the allocation objectives.
(A) At total allowable harvest levels up to 300,000 coho and
100,000 chinook: For the recreational fishery, provide coho for a late
June through early September all-species season; provide chinook to
allow access to coho and, if possible, a minimal chinook-only fishery
prior to the all-species season; and adjust days per week and/or
institute area restrictions to stabilize season duration. For the
commercial fishery, provide chinook for a May and early June chinook
season and provide coho for hooking mortality and/or access to a pink
fishery, and ensure that part of the chinook season will occur after
June 1.
(B) At total allowable harvest levels above 300,000 coho and above
100,000 chinook: For the recreational fishery, relax any restrictions
in the all-species fishery and/or extend the all-species season beyond
Labor Day as coho quota allows; provide chinook for a Memorial Day
through late June chinook-only fishery; and adjust days per week to
ensure continuity with the all-species season. For the commercial
fishery, provide coho for an all-species season in late summer and/or
access to a pink fishery; and leave adequate chinook from the May
through June season to allow access to coho.
(2) Coho south of Cape Falcon--(i) Allocation schedule. Preseason
allocation shares of coho salmon south of Cape Falcon, OR, will be
determined by an allocation schedule, which is based on the following
formula. The formula will be used to interpolate between allowable
harvest levels as shown in the table below.
(A) Up to 350,000 allowable ocean harvest: The first 150,000 fish
will be allocated to the recreational fishery. Additional fish will be
allocated 66.7 percent to troll and 33.3 percent to recreational. The
incidental coho mortality for a commercial all-salmon-except-coho
fishery will be deducted from the troll allocation. If the troll
allocation is insufficient for this purpose, the remaining number of
coho needed for this estimated incidental coho mortality will be
deducted from the recreational share.
(B) From 350,000 to 800,000 allowable ocean harvest: The
recreational allocation is equal to 14 percent of the allowable harvest
above 350,000 fish, plus 217,000 fish. The remainder of the allowable
ocean harvest will be allocated to the troll fishery.
(C) Above 800,000 allowable ocean harvest: The recreational
allocation is equal to 10 percent of the allowable harvest above
800,000 fish, plus 280,000 fish. The remainder of the allowable ocean
harvest will be allocated to the troll fishery.
[[Page 34603]]
------------------------------------------------------------------------
Allowable Commercial Recreational
ocean harvest ----------------------------------------------------------
(thousands of Number Number
fish) (thousands) Percentage (thousands) Percentage
------------------------------------------------------------------------
2,700........ 2,230 82.6 470 17.4
2,600........ 2,140 82.3 460 17.7
2,500........ 2,050 82.0 450 18.0
2,400........ 1,960 81.7 440 18.3
2,300........ 1,870 81.3 430 18.7
2,200........ 1,780 80.9 420 19.1
2,100........ 1,690 80.5 410 19.5
2,000........ 1,600 80.0 400 20.0
1,900........ 1,510 79.5 390 20.5
1,800........ 1,420 78.9 380 21.1
1,700........ 1,330 78.2 370 21.8
1,600........ 1,240 77.5 360 22.5
1,500........ 1,150 76.7 350 23.3
1,400........ 1,060 75.7 340 24.3
1,300........ 970 74.6 330 25.4
1,200........ 880 73.3 320 26.7
1,100........ 790 71.8 310 28.2
1,000........ 700 70.0 300 30.0
900.......... 610 67.8 290 32.2
800.......... 520 65.0 280 35.0
700.......... 434 62.0 266 38.0
600.......... 348 58.0 252 42.0
500.......... 262 52.4 238 47.6
400.......... 176 44.0 224 56.0
350.......... 133 38.0 217 62.0
300.......... 100 33.3 200 66.7
200.......... \1\ 33 \1\ 16.5 \1\ 167 \1\ 83.5
100.......... (\1\) (\1\) (\1\) (\1\)
------------------------------------------------------------------------
\1\ An incidental coho allowance associated with any commercial all-
salmon-except-coho fishery will be deducted from the recreational
share of coho during periods of low coho abundance when the commercial
allocation of coho under the schedule would be insufficient to allow
for incidental hooking mortality of coho in the commercial all-salmon-
except-coho fishery.
(ii) Geographic distribution. Allowable harvest south of Cape
Falcon may be divided and portions assigned to subareas based on
considerations including, but not limited to, controlling ocean harvest
impacts on depressed, viable natural stocks within acceptable maximum
allowable levels; stock abundance; allocation considerations; stock
specific impacts; relative abundance of the salmon species in the
fishery; escapement goals; and maximizing harvest potential.
(iii) Recreational allocation at 167,000 fish or less. When the
recreational allocation is at 167,000 fish or less, the total
recreational allowable ocean harvest of coho will be divided between
two major subareas with independent impact quotas. The initial
allocation will be 70 percent from Cape Falcon to Humbug Mountain and
30 percent south of Humbug Mountain. Coho transfers between the two
impact quotas may be permitted on a one-for-one basis, if chinook
constraints preclude access to coho. Horse Mountain to Point Arena will
be managed for an impact guideline of 3 percent of the south of Cape
Falcon recreational allocation. The recreational coho fishery between
Humbug Mountain and Point Arena may be closed when it is projected that
the harvest impact between Humbug Mountain and Point Arena, combined
with the projected harvest impact that will be taken south of Point
Arena to the end of the season, equals the impact quota for south of
Humbug Mountain. The recreational fishery for coho salmon south of
Point Arena will not close upon attainment of the south of Humbug
Mountain impact quota.
(iv) Oregon coastal natural coho. At Oregon coastal natural coho
spawning escapements of 28 or fewer adults per mile, the allocation
provisions of paragraph (c)(2)(i) of this section do not apply.
Fisheries will be established that will provide only the minimum
incidental harvest of Oregon coastal natural coho necessary to
prosecute other fisheries, and that under no circumstances will cause
irreparable harm to the Oregon coastal natural coho stock.
(v) Inseason reallocation. No later than August 15 each year, the
Salmon Technical Team will estimate the number of coho salmon needed to
complete the recreational seasons. Any coho salmon allocated to the
recreational fishery that are not needed to complete the recreational
seasons will be reallocated to the commercial fishery. Once
reallocation has taken place, the remaining recreational quota will
change to a harvest guideline. If the harvest guideline for the
recreational fishery is projected to be reached on or before Labor Day,
the Regional Director may allow the recreational fishery to continue
through the Labor Day weekend only if there is no significant danger of
impacting the allocation of another fishery or of failing to meet an
escapement goal.
(d) Management boundaries and zones. Management boundaries and
zones will be established or adjusted to achieve a conservation
purpose. A conservation purpose protects a fish stock, simplifies
management of a fishery, or promotes wise use of fishery resources by,
for example, separating fish stocks, facilitating enforcement,
separating conflicting fishing activities, or facilitating harvest
opportunities. Management boundaries and zones will be described by
geographical references, coordinates (latitude and longitude), LORAN
readings, depth contours, distance from shore, or similar criteria.
(e) Minimum harvest lengths. The minimum harvest lengths for
commercial, recreational, and treaty Indian fishing may be changed upon
demonstration that a useful purpose will be served. For example, an
increase in minimum size for commercially caught salmon may be
necessary for
[[Page 34604]]
conservation or may provide a greater poundage and monetary yield from
the fishery while not substantially increasing hooking mortality. The
removal of a minimum size for the recreational fishery may prevent
wastage of fish and outweigh the detrimental impacts of harvesting
immature fish.
(f) Recreational daily bag limits. Recreational daily bag limits
for each fishing area will be set equal to one, two, or three salmon of
some combination of species. The recreational daily bag limits for each
fishing area will be set to maximize the length of the fishing season
consistent with the allowable level of harvest in the area.
(g) Fishing gear restrictions. Gear restrictions for commercial,
recreational, and treaty Indian fishing may be established or modified
upon demonstration that a useful purpose will be served. For example,
gear restrictions may be imposed or modified to facilitate enforcement,
reduce hooking mortality, or reduce gear expenses for fishermen.
(h) Seasons--(1) In general. Seasons for commercial and
recreational fishing will be established or modified taking into
account allowable ocean harvest levels and quotas, allocations between
the commercial and recreational fisheries, and the estimated amount of
effort required to catch the available fish based on past seasons.
(2) Commercial seasons. Commercial seasons will be established or
modified taking into account wastage of fish that cannot legally be
retained, size and poundage of fish caught, effort shifts between
fishing areas, and protection of depressed stocks present in the
fishing areas. All-species seasons will be established to allow the
maximum allowable harvest of pink and sockeye salmon without exceeding
allowable chinook or coho harvest levels and within conservation and
allocation constraints of the pink and sockeye stocks.
(3) Recreational seasons. If feasible, recreational seasons will be
established or modified to encompass Memorial Day and Labor Day
weekends, and to avoid the need for inseason closures.
(i) Quotas (by species, including fish caught 0-3 nm seaward of
Washington, Oregon, and California). Quotas for commercial,
recreational, and treaty Indian fishing may be established or modified
to ensure that allowable ocean harvests are not exceeded. Quotas may be
fixed or adjustable and used in conjunction with seasons. Any quota
established does not represent a guaranteed ocean harvest, but a
maximum ceiling on catch.
(j) Selective fisheries. In addition to the all-species seasons and
the all-species-except-coho seasons established for the commercial and
recreational fisheries, selective coho-only, chinook-only, or pink-only
fisheries may be established if harvestable fish of the target species
are available; harvest of incidental species will not exceed allowable
levels; proven, documented selective gear exists; significant wastage
of incidental species will not occur; and the selective fishery will
occur in an acceptable time and area where wastage can be minimized and
target stocks are primarily available.
(k) Treaty Indian fishing. (1) NMFS will establish or modify treaty
Indian fishing seasons and/or fixed or adjustable quotas, size limits,
gear restrictions, and/or area restrictions taking into account
recommendations of the Council, proposals from affected tribes, and
relevant Federal court proceedings.
(2) The combined treaty Indian fishing seasons will not be longer
than necessary to harvest the allowable treaty Indian catch, which is
the total treaty harvest that would occur if the tribes chose to take
their total entitlement of the weakest stock in the fishery management
area, assuming this level of harvest did not create conservation or
allocation problems on other stocks.
(3) Any fixed or adjustable quotas established will be consistent
with established treaty rights and will not exceed the harvest that
would occur if the entire treaty entitlement to the weakest run were
taken by treaty Indian fisheries in the fishery management area.
(4) If adjustable quotas are established for treaty Indian fishing,
they may be subject to inseason adjustment because of unanticipated
coho hooking mortality occurring during the season, catches in treaty
Indian fisheries inconsistent with those unanticipated under Federal
regulations, or a need to redistribute quotas to ensure attainment of
an overall quota.
(l) Yurok and Hoopa Valley tribal fishing rights. For purposes of
section 303 of the Magnuson Act, the federally reserved fishing rights
of the Yurok and Hoopa Valley Indian Tribes as set out in a legal
opinion 2 dated October 4, 1993, by the Office of the Solicitor,
Department of the Interior, are applicable law. Under section 303 of
the Magnuson Act, allowable ocean harvest must be consistent with all
applicable laws.
---------------------------------------------------------------------------
\2\ Copies of the Solicitor's Opinion are available from the
Director, Southwest Region, NMFS.
---------------------------------------------------------------------------
(m) Inseason notice procedures. Telephone hotlines and USCG
broadcasts will provide actual notice of inseason actions for
commercial, recreational, and treaty Indian fishing.
(n) Reporting requirements. Reporting requirements for commercial
fishing may be imposed to ensure timely and accurate assessment of
catches in regulatory areas subject to quota management. Such reports
are subject to the limitations described herein. Persons engaged in
commercial fishing in a regulatory area subject to quota management and
landing their catch in another regulatory area open to fishing may be
required to transmit a brief radio report prior to leaving the first
regulatory area. The regulatory areas subject to these reporting
requirements, the contents of the radio reports, and the entities
receiving the reports will be specified annually.
Sec. 660.409 Inseason actions.
(a) Fixed inseason management provisions. NMFS is authorized to
take the following inseason management actions annually, as
appropriate.
(1) Automatic season closures based on quotas. When a quota for the
commercial or the recreational fishery, or both, for any salmon species
in any portion of the fishery management area is projected by the
Regional Director to be reached on or by a certain date, NMFS will, by
an inseason action issued under Sec. 660.411, close the commercial or
recreational fishery, or both, for all salmon species in the portion of
the fishery management area to which the quota applies as of the date
the quota is projected to be reached.
(2) Rescission of automatic closure. If a fishery is closed under a
quota before the end of a scheduled season based on overestimate of
actual catch, NMFS will reopen that fishery in as timely a manner as
possible for all or part of the remaining original season provided NMFS
finds that a reopening of the fishery is consistent with the management
objectives for the affected species and the additional open period is
no less than 24 hours. The season will be reopened by an inseason
action issued under Sec. 660.411.
(3) Adjustment for error in preseason estimates. NMFS may, by an
inseason action issued under Sec. 660.411, make appropriate changes in
relevant seasons or quotas if a significant computational error or
errors made in calculating preseason estimates of salmon abundance are
identified, provided that such correction can be made in a timely
manner to affect the involved fishery without disrupting the capacity
to meet
[[Page 34605]]
the objectives of the fishery management plan.
(b) Flexible inseason management provisions. (1) The Regional
Director will consult with the Chairman of the Council and the
appropriate State Directors prior to taking any of the following
flexible inseason management provisions, which include, but are not
limited to, the following:
(i) Modification of quotas and/or fishing seasons.
(ii) Modification of the species that may be caught and landed
during specific seasons and the establishment or modification of
limited retention regulations.
(iii) Modification of recreational bag limits and recreational
fishing days per calendar week.
(iv) Establishment or modification of gear restrictions.
(v) Modification of boundaries, including landing boundaries, and
establishment of closed areas.
(2) Fishery managers must determine that any inseason adjustment in
management measures is consistent with fishery regimes established by
the U.S.-Canada Pacific Salmon Commission, ocean escapement goals,
conservation of the salmon resource, any adjudicated Indian fishing
rights, and the ocean allocation scheme in the fishery management plan.
All inseason adjustments will be based on consideration of the
following factors:
(i) Predicted sizes of salmon runs.
(ii) Harvest quotas and hooking mortality limits for the area and
total allowable impact limitations, if applicable.
(iii) Amount of commercial, recreational, and treaty Indian catch
for each species in the area to date.
(iv) Amount of commercial, recreational, and treaty Indian fishing
effort in the area to date.
(v) Estimated average daily catch per fisherman.
(vi) Predicted fishing effort for the area to the end of the
scheduled season.
(vii) Other factors, as appropriate.
Sec. 660.410 Escapement goals.
(a) Current escapement goals. The following specific escapement
goals are in effect. Annual management objectives for Washington
coastal fall, spring, and summer chinook; Puget Sound chinook;
Washington coastal coho; and Puget Sound coho are developed through
fixed procedures established in the U.S. District Court.
Summary of Specific Management Goals for Stocks in the Salmon Management
Unit
------------------------------------------------------------------------
System Spawning 1 escapement goal
------------------------------------------------------------------------
Sacramento River Fall Chinook 2........ 122,000 to 180,000 for natural
and hatchery
Klamath River Fall Chinook............. Between 33 and 34 percent of
the potential adult natural
spawners, but no fewer than
35,000 naturally spawning
adults in any one year.3 The
brood escapement rate will
average 33 to 34 percent over
the long term. The escapement
rate for each brood may vary
from the 33 to 34 percent in
order to achieve the required
tribal/non-tribal annual
allocation.
Oregon Coastal Chinook................. 150,000 to 200,000 natural
Columbia River Chinook:
Upper River Fall................... 40,000 bright adults above
McNary Dam.
Upper River Summer................. 80,000 to 90,000 adults above
Bonneville Dam.
Upper River Spring..................... 100,000 to 200,000 adults above
Bonneville Dam.
Lower River Spring (Willamette River).. 30,000 to 45,000 based on run
size
Oregon Coastal Coho.................... Oregon coastal natural (OCN)
coho spawning escapement is
based on an aggregate density
of 42 naturally spawning
adults per mile in standard
index survey areas 4
Puget Sound Pink....................... 900,000 natural.
Lake Washington Sockeye 5.............. 300,000 to Lake Washington.
Columbia River Sockeye 5............... 65,000 over Priest Rapids.
------------------------------------------------------------------------
\1\ Represents adult natural spawning escapement goal for viable natural
stocks or adult hatchery return goal for stocks managed for artificial
production.
\2\ Includes upper and lower river components.
\3\ The minimum escapement floor of 35,000 naturally spawning adults may
be modified only by amendment to the FMP.
\4\ At OCN stock sizes below 125 percent of the annual numerical
escapement goal, an exploitation rate of up to 20 percent will be
allowed for incidental impacts of the combined ocean troll, sport, and
freshwater fisheries. At OCN spawning escapements of 28 or fewer
adults per mile, an exploitation rate of up to 20 percent may be
allowed to provide only minimum incidental harvest to prosecute other
fisheries, provided the rate chosen will cause no irreparable harm to
the OCN stock.
\5\ These stocks represent a negligible component of the Washington
ocean harvest.
(b) Modification of escapement goals. NMFS is authorized, through
an action issued under Sec. 660.411, to modify an escapement goal if--
(1) A comprehensive technical review of the best scientific
information available provides conclusive evidence that, in the view of
the Council and the Salmon Technical Team, justifies modification of an
escapement goal;
(2) For Oregon coastal chinook, specific goals are developed within
the overall goal for north coast and south coast stocks; or
(3) Action by a Federal court indicates that modification of an
escapement goal is appropriate.
Sec. 660.411 Notification and publication procedures.
(a) Notification and effective dates. (1) Annual and certain other
actions taken under Secs. 660.408 and 660.410 will be implemented by an
action published in the Federal Register, and will be effective upon
filing, unless a later time is specified in the action.
(2) Inseason actions taken under Sec. 660.409 will be by actual
notice available from telephone hotlines and USCG broadcasts, as
specified annually. Inseason actions will also be published in the
Federal Register as soon as practicable. Inseason actions will be
effective from the time specified in the actual notice of the action
(telephone hotlines and USCG broadcasts), or at the time the inseason
action published in the Federal Register is effective, whichever comes
first.
(3) Any action issued under this section will remain in effect
until the expiration date stated in the action or until rescinded,
modified, or
[[Page 34606]]
superseded. However, no inseason action has any effect beyond the end
of the calendar year in which it is issued.
(b) Public comment. If time allows, NMFS will invite public comment
prior to the effective date of any action published in the Federal
Register. If NMFS determines, for good cause, that an action must be
filed without affording a prior opportunity for public comment, public
comments on the action will be received by NMFS for a period of 15 days
after filing of the action with the Office of the Federal Register.
(c) Availability of data. The Regional Director will compile in
aggregate form all data and other information relevant to the action
being taken and will make them available for public review during
normal office hours at the Northwest Region, NMFS. For actions
affecting fisheries occurring primarily or exclusively in the fishery
management area seaward of California, information relevant to the
action also will be made available for public review during normal
office hours at the Southwest Region, NMFS.
Table 1 to Part 660.--Quotas for Precious Corals Permit Areas
----------------------------------------------------------------------------------------------------------------
Number of Gear
Name of coral bed Type of bed Harvest quota years restriction
----------------------------------------------------------------------------------------------------------------
Makapuu.............................. E P--2,000 kg............ 2 S
...................... G--600 kg.............. 2 S
...................... B--600 kg.............. 2 S
Ke-ahole Point....................... C P--67 kg............... 1 ...........
...................... G--20 kg............... 1 S
...................... B--17 kg............... 1 S
Kaena Point.......................... C P--67 kg............... 1 S
...................... G--20 kg............... 1 S
...................... B--17 kg............... 1 S
Brooks Bank.......................... C P--17 kg............... 1 N
...................... G--133 kg.............. 1 N
...................... B--111 kg.............. 1 N
180 Fathom Bank...................... C P--222 kg.............. 1 N
...................... G--67 kg............... 1 N
...................... B--56 kg............... 1 N
Westpac Bed.......................... R Zero (0 kg)............ ........... ...........
Hawaii, American Samoa, Guam, U.S. X--1,000 kg (all 1 N
Pacific Island possessions. species combined
except black corals)
per area.
----------------------------------------------------------------------------------------------------------------
Notes:
1. Types of corals: P=Pink G=Gold B=Bamboo.
2. There are no restrictions under this part on the harvest of black corals, except the data submission
requirements (Sec. 660.3). State regulations on black coral harvesting are not superseded by this part.
3. Only \1/5\ of the indicated amount is allowed if nonselective gear is used; that is, the nonselective harvest
will be multiplied by 5 and counted against the quota. If both selective and nonselective methods are used,
the bed will be closed when S+5N=Q, where S=selective harvest amount, N=nonselective harvest amount and
Q=total harvest quota, for any single species on that bed.
4. Only selective gear may be used in the EEZ seaward of the main Hawaiian Islands; i.e., south and east of a
line midway between Nihoa and Niihau Islands. Nonselective gear or selective gear may be used in all other
portions of exploratory areas.
5. S=Selective gear only; N=Nonselective or selective gear.
6. No authorized fishing for coral in refugia.
Table 2 to Part 600.--Vessel Capacity Ratings for West Coast Groundfish
Limited Entry Permits
------------------------------------------------------------------------
Capacity
Vessel length rating
------------------------------------------------------------------------
<20.......................................................... 1.00="" 21..........................................................="" 1.13="" 22..........................................................="" 1.27="" 23..........................................................="" 1.42="" 24..........................................................="" 1.58="" 25..........................................................="" 1.75="" 26..........................................................="" 1.93="" 27..........................................................="" 2.12="" 28..........................................................="" 2.32="" 29..........................................................="" 2.53="" 30..........................................................="" 2.76="" 31..........................................................="" 2.99="" 32..........................................................="" 3.24="" 33..........................................................="" 3.50="" 34..........................................................="" 3.77="" 35..........................................................="" 4.05="" 36..........................................................="" 4.35="" 37..........................................................="" 4.66="" 38..........................................................="" 4.98="" 39..........................................................="" 5.31="" 40..........................................................="" 5.66="" 41..........................................................="" 6.02="" 42..........................................................="" 6.39="" 43..........................................................="" 6.78="" 44..........................................................="" 7.18="" 45..........................................................="" 7.59="" 46..........................................................="" 8.02="" 47..........................................................="" 8.47="" 48..........................................................="" 8.92="" 49..........................................................="" 9.40="" 50..........................................................="" 9.88="" 51..........................................................="" 10.38="" 52..........................................................="" 10.90="" 53..........................................................="" 11.43="" 54..........................................................="" 11.98="" 55..........................................................="" 12.54="" 56..........................................................="" 13.12="" 57..........................................................="" 13.71="" 58..........................................................="" 14.32="" 59..........................................................="" 14.95="" 60..........................................................="" 15.59="" 61..........................................................="" 16.25="" 62..........................................................="" 16.92="" 63..........................................................="" 17.61="" 64..........................................................="" 18.32="" 65..........................................................="" 19.04="" 66..........................................................="" 19.78="" 67..........................................................="" 20.54="" 68..........................................................="" 21.32="" 69..........................................................="" 22.11="" 70..........................................................="" 22.92="" 71..........................................................="" 23.74="" 72..........................................................="" 24.59="" 73..........................................................="" 25.45="" 74..........................................................="" 26.33="" 75..........................................................="" 27.23="" 76..........................................................="" 28.15="" 77..........................................................="" 29.08="" 78..........................................................="" 30.04="" 79..........................................................="" 31.01="" 80..........................................................="" 32.00="" 81..........................................................="" 33.01="" 82..........................................................="" 34.04="" [[page="" 34607]]="" 83..........................................................="" 35.08="" 84..........................................................="" 36.15="" 85..........................................................="" 37.24="" 86..........................................................="" 38.34="" 87..........................................................="" 39.47="" 88..........................................................="" 40.61="" 89..........................................................="" 41.77="" 90..........................................................="" 42.96="" 91..........................................................="" 44.16="" 92..........................................................="" 45.38="" 93..........................................................="" 46.63="" 94..........................................................="" 47.89="" 95..........................................................="" 49.17="" 96..........................................................="" 50.48="" 97..........................................................="" 51.80="" 98..........................................................="" 53.15="" 99..........................................................="" 54.51="" 100..........................................................="" 55.90="" 101..........................................................="" 57.31="" 102..........................................................="" 58.74="" 103..........................................................="" 60.19="" 104..........................................................="" 61.66="" 105..........................................................="" 63.15="" 106..........................................................="" 64.67="" 107..........................................................="" 66.20="" 108..........................................................="" 67.76="" 109..........................................................="" 69.34="" 110..........................................................="" 70.94="" 111..........................................................="" 72.57="" 112..........................................................="" 74.21="" 113..........................................................="" 75.88="" 114..........................................................="" 77.57="" 115..........................................................="" 79.28="" 116..........................................................="" 81.02="" 117..........................................................="" 82.77="" 118..........................................................="" 84.55="" 119..........................................................="" 86.36="" 120..........................................................="" 88.18="" 121..........................................................="" 90.03="" 122..........................................................="" 91.90="" 123..........................................................="" 93.80="" 124..........................................................="" 95.72="" 125..........................................................="" 97.66="" 126..........................................................="" 99.62="" 127..........................................................="" 101.61="" 128..........................................................="" 103.62="" 129..........................................................="" 105.66="" 130..........................................................="" 107.72="" 131..........................................................="" 109.80="" 132..........................................................="" 111.91="" 133..........................................................="" 114.04="" 134..........................................................="" 116.20="" 135..........................................................="" 118.38="" 136..........................................................="" 120.58="" 137..........................................................="" 122.81="" 138..........................................................="" 125.06="" 139..........................................................="" 127.34="" 140..........................................................="" 129.64="" 141..........................................................="" 131.97="" 142..........................................................="" 134.32="" 143..........................................................="" 136.70="" 144..........................................................="" 139.10="" 145..........................................................="" 141.53="" 146..........................................................="" 143.98="" 147..........................................................="" 146.46="" 148..........................................................="" 148.96="" 149..........................................................="" 151.49="" 150..........................................................="" 154.05="" 151..........................................................="" 154.68="" 152..........................................................="" 155.31="" 153..........................................................="" 155.94="" 154..........................................................="" 156.57="" 155..........................................................="" 157.20="" 156..........................................................="" 157.83="" 157..........................................................="" 158.46="" 158..........................................................="" 159.10="" 159..........................................................="" 159.73="" 160..........................................................="" 160.36="" 161..........................................................="" 160.99="" 162..........................................................="" 161.62="" 163..........................................................="" 162.25="" 164..........................................................="" 162.88="" 165..........................................................="" 163.51="" 166..........................................................="" 164.14="" 167..........................................................="" 164.77="" 168..........................................................="" 165.41="" 169..........................................................="" 166.04="" 170..........................................................="" 166.67="" 171..........................................................="" 167.30="" 172..........................................................="" 167.93="" 173..........................................................="" 168.56="" 174..........................................................="" 169.19="" 175..........................................................="" 169.82="" 176..........................................................="" 170.45="" 177..........................................................="" 171.08="" 178..........................................................="" 171.72="" 179..........................................................="" 172.35="" 180..........................................................="" 172.98="" 181..........................................................="" 173.61="" 182..........................................................="" 174.24="" 183..........................................................="" 174.87="" 184..........................................................="" 175.50="" 185..........................................................="" 176.13="" 186..........................................................="" 176.76="" 187..........................................................="" 177.40="" 188..........................................................="" 178.03="" 189..........................................................="" 178.66="" 190..........................................................="" 179.29="" 191..........................................................="" 179.92="" 192..........................................................="" 180.55="" 193..........................................................="" 181.18="" 194..........................................................="" 181.81="" 195..........................................................="" 182.44="" 196..........................................................="" 183.07="" 197..........................................................="" 183.71="" 198..........................................................="" 184.34="" 199..........................................................="" 184.97="" 200..........................................................="" 185.60="" 201..........................................................="" 186.23="" 202..........................................................="" 186.86="" 203..........................................................="" 187.49="" 204..........................................................="" 188.12="" 205..........................................................="" 188.75="" 206..........................................................="" 189.38="" 207..........................................................="" 190.02="" 208..........................................................="" 190.65="" 209..........................................................="" 191.28="" 210..........................................................="" 191.91="" 211..........................................................="" 192.54="" 212..........................................................="" 193.17="" 213..........................................................="" 193.80="" 214..........................................................="" 194.43="" 215..........................................................="" 195.06="" 216..........................................................="" 195.69="" 217..........................................................="" 196.33="" 218..........................................................="" 196.96="" 219..........................................................="" 197.59="" 220..........................................................="" 198.22="" 221..........................................................="" 198.85="" 222..........................................................="" 199.48="" 223..........................................................="" 200.11="" 224..........................................................="" 200.74="" 225..........................................................="" 201.37="" 226..........................................................="" 202.01="" 227..........................................................="" 202.64="" 228..........................................................="" 203.27="" 229..........................................................="" 203.90="" 230..........................................................="" 204.53="" 231..........................................................="" 205.16="" 232..........................................................="" 205.79="" 233..........................................................="" 206.42="" 234..........................................................="" 207.05="" 235..........................................................="" 207.68="" 236..........................................................="" 208.32="" 237..........................................................="" 208.95="" 238..........................................................="" 209.58="" 239..........................................................="" 210.21="" 240..........................................................="" 210.84="" 241..........................................................="" 211.47="" 242..........................................................="" 212.10="" 243..........................................................="" 212.73="" 244..........................................................="" 213.36="" 245..........................................................="" 213.99="" 246..........................................................="" 214.63="" 247..........................................................="" 215.26="" 248..........................................................="" 215.89="" 249..........................................................="" 216.52="" 250..........................................................="" 217.15="" 251..........................................................="" 217.78="" 252..........................................................="" 218.41="" 253..........................................................="" 219.04="" 254..........................................................="" 219.67="" 255..........................................................="" 220.30="" 256..........................................................="" 220.94="" 257..........................................................="" 221.57="" 258..........................................................="" 222.20="" 259..........................................................="" 222.83="" 260..........................................................="" 223.46="" 261..........................................................="" 224.09="" 262..........................................................="" 224.72="" 263..........................................................="" 225.35="" 264..........................................................="" 225.98="" 265..........................................................="" 226.61="" 266..........................................................="" 227.25="" 267..........................................................="" 227.88="" 268..........................................................="" 228.51="" 269..........................................................="" 229.14="" 270..........................................................="" 229.77="" 271..........................................................="" 230.40="" 272..........................................................="" 231.03="" 273..........................................................="" 231.66="" 274..........................................................="" 232.29="" 275..........................................................="" 232.93="" 276..........................................................="" 233.56="" 277..........................................................="" 234.19="" 278..........................................................="" 234.82="" 279..........................................................="" 235.45="" 280..........................................................="" 236.08="" 281..........................................................="" 236.71="" 282..........................................................="" 237.34="" 283..........................................................="" 237.97="" [[page="" 34608]]="" 284..........................................................="" 238.60="" 285..........................................................="" 239.24="" 286..........................................................="" 239.87="" 287..........................................................="" 240.50="" 288..........................................................="" 241.13="" 289..........................................................="" 241.76="" 290..........................................................="" 242.39="" 291..........................................................="" 243.02="" 292..........................................................="" 243.65="" 293..........................................................="" 244.28="" 294..........................................................="" 244.91="" 295..........................................................="" 245.55="" 296..........................................................="" 246.18="" 297..........................................................="" 246.81="" 298..........................................................="" 247.44="" 299..........................................................="" 248.07="" 300..........................................................="" 248.70="" 301..........................................................="" 249.33="" 302..........................................................="" 249.96="" 303..........................................................="" 250.59="" 304..........................................................="" 251.22="" 305..........................................................="" 251.86="" 306..........................................................="" 252.49="" 307..........................................................="" 253.12="" 308..........................................................="" 253.75="" 309..........................................................="" 254.38="" 310..........................................................="" 255.01="" 311..........................................................="" 255.64="" 312..........................................................="" 256.27="" 313..........................................................="" 256.90="" 314..........................................................="" 257.54="" 315..........................................................="" 258.17="" 316..........................................................="" 258.80="" 317..........................................................="" 259.43="" 318..........................................................="" 260.06="" 319..........................................................="" 260.69="" 320..........................................................="" 261.32="" 321..........................................................="" 261.95="" 322..........................................................="" 262.58="" 323..........................................................="" 263.21="" 324..........................................................="" 263.85="" 325..........................................................="" 264.48="" 326..........................................................="" 265.11="" 327..........................................................="" 265.74="" 328..........................................................="" 266.37="" 329..........................................................="" 267.00="" 330..........................................................="" 267.63="" 331..........................................................="" 268.26="" 332..........................................................="" 268.89="" 333..........................................................="" 269.52="" 334..........................................................="" 270.16="" 335..........................................................="" 270.79="" 336..........................................................="" 271.42="" 337..........................................................="" 272.05="" 338..........................................................="" 272.68="" 339..........................................................="" 273.31="" 340..........................................................="" 273.94="" 341..........................................................="" 274.57="" 342..........................................................="" 275.20="" 343..........................................................="" 275.83="" 344..........................................................="" 276.47="" 345..........................................................="" 277.10="" 346..........................................................="" 277.73="" 347..........................................................="" 278.36="" 348..........................................................="" 278.99="" 349..........................................................="" 279.62="" 350..........................................................="" 280.25="" 351..........................................................="" 280.88="" 352..........................................................="" 281.51="" 353..........................................................="" 282.14="" 354..........................................................="" 282.78="" 355..........................................................="" 283.41="" 356..........................................................="" 284.04="" 357..........................................................="" 284.67="" 358..........................................................="" 285.30="" 359..........................................................="" 285.93="" 360..........................................................="" 286.56="" 361..........................................................="" 287.19="" 362..........................................................="" 287.82="" 363..........................................................="" 288.46="" 364..........................................................="" 289.09="" 365..........................................................="" 289.72="" 366..........................................................="" 290.35="" 367..........................................................="" 290.98="" 368..........................................................="" 291.61="" 369..........................................................="" 292.24="" 370..........................................................="" 292.87="" 371..........................................................="" 293.50="" 372..........................................................="" 294.13="" 373..........................................................="" 294.77="" 374..........................................................="" 295.40="" 375..........................................................="" 296.03="" 376..........................................................="" 296.66="" 377..........................................................="" 297.29="" 378..........................................................="" 297.92="" 379..........................................................="" 298.55="" 380..........................................................="" 299.18="" 381..........................................................="" 299.81="" 382..........................................................="" 300.44="" 383..........................................................="" 301.08="" 384..........................................................="" 301.71="" 385..........................................................="" 302.34="" 386..........................................................="" 302.97="" 387..........................................................="" 303.60="" 388..........................................................="" 304.23="" 389..........................................................="" 304.86="" 390..........................................................="" 305.49="" 391..........................................................="" 306.12="" 392..........................................................="" 306.75="" 393..........................................................="" 307.39="" 394..........................................................="" 308.02="" 395..........................................................="" 308.65="" 396..........................................................="" 309.28="" 397..........................................................="" 309.91="" 398..........................................................="" 310.54="" 399..........................................................="" 311.17="">400......................................................... 311.80
------------------------------------------------------------------------
BILLING CODE 3510-22-P
[[Page 34609]]
Figure 1 to Part 660--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR02JY96.035
[[Page 34610]]
Figure 2 to Part 660--Length of Longline Vessel
[GRAPHIC] [TIFF OMITTED] TR02JY96.036
[[Page 34611]]
Figure 3 to Part 660--Dressed, Head-off Length of Salmon
[GRAPHIC] [TIFF OMITTED] TR02JY96.037
PARTS 661, 663, 680, 681, 683, and 685--[REMOVED]
4. Under the authority of 16 U.S.C. 1801 et seq., parts 661, 663,
680, 681, 683, and 685 are removed.
[FR Doc. 96-16234 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-C
