Editorial Note on Part 679
Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012.

§ 679.57 Trawl EM incentive plan agreements. ( a ) *Parties to a trawl EM Incentive Plan Agreement (TEM IPA)* — ( 1 ) *TEM IPA.* A catcher vessel owner or operator must be a party to a TEM IPA to be approved for the trawl EM partial coverage category.
( 2 ) *Compliance.* Once a party to a TEM IPA, a catcher vessel owner or operator cannot withdraw from the TEM IPA and must comply with the terms of the TEM IPA for the duration of the fishing year.
( b ) *Request for approval of a proposed TEM IPA.* The TEM IPA representative must submit a proposed TEM IPA to NMFS. The proposed TEM IPA must contain the following information: ( 1 ) *Affidavit.* The TEM IPA must include an affidavit affirming that each party to the TEM IPA is subject to the same terms and conditions.
( 2 ) *Name of the TEM IPA* —
( 3 ) *Representative.* The TEM IPA must include the name, telephone number, and email address of the TEM IPA representative who is responsible for submitting the proposed TEM IPA on behalf of the TEM IPA parties, any proposed amendments to the TEM IPA, and the annual report required under paragraph (f) of this section.
( 4 ) *Incentive plan.* The TEM IPA must contain provisions that address or contain the following: ( i ) Restrictions, penalties, or performance criteria that will limit changes in fishing behavior.
( ii ) Incentive measures to discourage catcher vessels from harvesting pollock catch in excess of 300,000 (136 mt) pounds during a fishing trip, on average in the GOA, and an explanation of how the incentive(s) encourage vessel operators to limit harvest in excess of 300,000 (136 mt) pounds of pollock per fishing trip in the GOA.
( iii ) Incentive measures to prevent catcher vessels from exceeding the MRAs established in § 679.21(e) and how the incentives encourage vessel operators to avoid bycatch and avoid exceeding the maximum retainable amounts established in § 679.20(e).
( iv ) Acknowledgment by the parties that NMFS will disclose to the public their vessels' performance under the TEM IPA and any restrictions, penalties, or performance criteria imposed under the TEM IPA by vessel name.
( 5 ) *Compliance agreement.* The TEM IPA must include a provision that all parties to the TEM IPA agree to comply with all provisions of the TEM IPA.
( 6 ) *Signatures.* The name and signature of the owner or operator for each vessel that is a party to the TEM IPA.
( c ) *Deadline and duration.* — ( 1 ) *Deadline for proposed TEM IPA.* A proposed TEM IPA must be received by NMFS no later than 1700 hours, A.l.t., on December 1 of the year prior to the fishing year for which the TEM IPA is proposed to be effective.
( 2 ) *Duration.* Once approved, a TEM IPA is effective starting January 1 of the fishing year following the year in which NMFS approves the IPA, unless the TEM IPA is approved between January 1 and January 19, in which case the TEM IPA is effective starting in the year in which it is approved. Once approved, a TEM IPA is effective until December 31 of the first year in which it is effective or until December 31 of the year in which the TEM IPA representative notifies NMFS in writing that the TEM IPA is no longer in effect, whichever is later. A TEM IPA may not expire mid-year. No party may leave a TEM IPA once it is approved, except as allowed under paragraph (d)(3) of this section.
( d ) *NMFS review of a proposed TEM IPA.* — ( 1 ) *Approval.* A TEM IPA will be approved by NMFS if the TEM IPA meets the following requirements: ( i ) Complies with the submission requirements of paragraphs (b) and (c) of this section; and
( ii ) Contains the information required in paragraph (b) of this section.
( 2 ) *Amendments to a TEM IPA.* Amendments in writing to an approved TEM IPA may be submitted to NMFS at any time and will be reviewed under the requirements of paragraph (b) of this section. An amendment to an approved TEM IPA is effective when NMFS notifies the TEM IPA representative in writing of NMFS approval.
( 3 ) *Disapproval.* ( i ) NMFS will disapprove a proposed TEM IPA or a proposed amendment to a TEM IPA: ( A ) If the proposed TEM IPA fails to meet any of the requirements of paragraph (b) of this section; or
( B ) If a proposed amendment to a TEM IPA would cause the TEM IPA to no longer comply with the requirements of paragraph (b) of this section.
( ii ) [Reserved]
( 4 ) *Initial Administrative Determination (IAD).* If NMFS identifies deficiencies in the proposed TEM IPA, NMFS will notify the applicant in writing that the proposed TEM IPA will not be approved. The TEM IPA representative will be provided one 30-day period to address, in writing, all deficiencies identified by NMFS. Additional information or a revised TEM IPA received by NMFS after the expiration of the 30-day period specified by NMFS will not be considered. NMFS will evaluate any additional information submitted by the TEM IPA representative within the 30-day period. If the Regional Administrator determines that the additional information addresses the deficiencies in the proposed TEM IPA, the Regional Administrator will approve the proposed TEM IPA under paragraph (d) of this section. However, if NMFS determines that the proposed TEM IPA does not comply with the requirements of paragraph (b) of this section, NMFS will issue an IAD providing the reasons for disapproving the proposed TEM IPA.
( 5 ) *Appeal.* A TEM IPA representative who receives an IAD disapproving a proposed TEM IPA may appeal under the procedures set forth at 15 CFR part 906. If the TEM IPA representative fails to timely file an appeal of the IAD pursuant to 15 CFR part 906, the IAD will become the final agency action. If the IAD is appealed and the final agency action approves the proposed TEM IPA, the TEM IPA will be effective as described in paragraph (c) of this section.
( 6 ) *Pending approval.* While appeal of an IAD disapproving a proposed TEM IPA is pending, proposed parties to the TEM IPA subject to the IAD, which are not currently parties to an approved TEM IPA, are not authorized to participate in trawl EM category.
( e ) *Public release of a TEM IPA and performance metrics.* Each fishing year NMFS will release to the public and publish on the NMFS Alaska Region website: ( 1 ) *Approvals.* Approved TEM IPAs and Approval Memos;
( 2 ) *Parties.* List of parties to each approved TEM IPA; and
( 3 ) *Names.* Names of vessels covered by each approved TEM IPA that: ( i ) On average, harvesting pollock catch in excess of 300,000 pounds (136 mt) per fishing trip in the GOA;
( ii ) Harvest bycatch in quantities that exceed MRAs; and
( iii ) Vessels' performance under the TEM IPA and any restrictions, penalties, or performance criteria imposed under the TEM IPA by vessel name.
( f ) *TEM IPA Annual Report.* The representative of each approved TEM IPA must submit a written annual report to the Council at the address specified in § 679.61(f). The Council will make the annual report available to the public. ( 1 ) *Submission deadline.* The TEM IPA Annual Report must be received by the Council no later than May 15 of the following fishing year.
( 2 ) *Information requirements.* The TEM IPA Annual Report must contain the following information: ( i ) A comprehensive description of the incentive measures in effect in the previous year;
( ii ) A description of how these incentive measures affected individual vessels;
( iii ) An evaluation of whether incentive measures were effective in limiting changes in vessel behavior including the effectiveness of: ( A ) Measures to discourage participating vessels, on average, from harvesting pollock catch in excess of 300,000 pounds (136 mt) per fishing trip in the GOA;
( B ) Measures that incentivize participating vessels to avoid exceeding MRAs established in § 679.20(e) applicable to non-EM vessels;
( C ) Restrictions, penalties, or performance criteria that were imposed to prevent vessels from consistently exceeding catcher vessel harvest limit for pollock in the GOA or MRAs relative to non-EM vessels by vessel name (see §§ 679.7(b)(2) and 679.20(e));
( D ) The frequency of vessels exceeding the catcher vessel harvest limit for pollock in the GOA and MRA limits relative to non-EM vessels (see §§ 679.7(b)(2) and 679.20(e)); and
( E ) Identification of, and the TEM IPA's response to, vessels directed fishing in conflict with harvest specifications or directed fishing for Steller Sea Lion forage species within closed Steller Sea Lion protection areas.
( iv ) A description of any amendments to the TEM IPA that were approved by NMFS since the last annual report and the reasons that the amendments to the TEM IPA were requested.
[89 FR 60815, July 29, 2024]