43866 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970703166–7166–01; I.D.

060997A]

RIN 0648–AH65

Fisheries of the Exclusive Economic

Zone Off Alaska; License Limitation

Program; Community Development

Quota Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues a proposed rule

that would implement Amendment 39

to the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (BSAI),

Amendment 41 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (GOA), and Amendment

5 to the Fishery Management Plan for

the Commercial King and Tanner Crab

Fisheries in the Bering Sea/Aleutian

Islands (BS/AI). These amendments

submitted by the North Pacific Fishery

Management Council (Council) would

establish a License Limitation Program

(LLP) and expand the Community

Development Quota (CDQ) Program.

The LLP would limit the number, size,

and specific operation of vessels that

may be used in fisheries for groundfish,

other than demersal shelf rockfish east

of 140° W. long. and sablefish managed

under the Individual Fishing Quota

(IFQ) program for Pacific halibut and

sablefish, in the exclusive economic

zone (EEZ) off Alaska. The LLP also

would limit the number, size, and

specific operation of vessels that may be

used in fisheries for crab species

managed pursuant to the Fishery

Management Plan (FMP) for

Commercial King and Tanner Crab

Fisheries of BS/AI. The CDQ program

would be expanded by including in

CDQ allocations a percentage of the total

allowable catch (TAC) of groundfish in

the BSAI and crab species in the BS/AI

that is not currently included in the

existing CDQ programs for pollock,

halibut, and sablefish.

DATES: Comments must be received by

September 29, 1997.

ADDRESSES: Comments must be sent to

Chief, Fisheries Management Division,

Alaska Region, NMFS, 709 West 9th

Street, Room 453, Juneau, AK 99801, or

P.O. Box 21668, Juneau, AK 99802,

Attention: Lori J. Gravel. Copies of the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) for this action

may be obtained from the above

address.

FOR FURTHER INFORMATION CONTACT: John

Lepore, 907–586–7228.

SUPPLEMENTARY INFORMATION: The U.S.

groundfish fisheries of the GOA and the

BSAI in the EEZ are managed by NMFS

pursuant to the FMPs for groundfish in

the respective management areas. The

commercial king crab and Tanner crab

fisheries in the BS/AI are managed by

the State of Alaska with Federal

oversight, pursuant to the FMP for those

fisheries. The FMPs were prepared by

the Council, pursuant to the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act), 16 U.S.C. 1801, et seq., and are

implemented by regulations for U.S.

fisheries at 50 CFR part 679. General

regulations at 50 CFR part 600 also

apply.

License Limitation Program—

Background Information

The LLP is the first stage in fulfilling

the Council’s commitment to develop a

comprehensive and rational

management program for the fisheries in

and off Alaska. The Council first

considered the comprehensive

rationalization plan (CRP) at its meeting

in November 1992. Experts on limitedentry programs were invited to testify at

that meeting, and the Council reviewed

initial CRP proposals from the fishing

industry. In December 1992, the Council

approved a problem statement

describing the need for and purpose of

the CRP.

The problem statement articulated the

Council’s concern that the domestic

harvesting fleet had expanded beyond

the size necessary to harvest efficiently

the optimum yield (OY) of the fisheries

within the EEZ off Alaska. Further, it

confirmed the Council’s commitment to

the long-term health and productivity of

the fisheries and other living marine

resources in the North Pacific and

Bering Sea ecosystem. To fulfill that

commitment, the Council intended to

design a program that would efficiently

manage the resources under its

authority, reduce bycatch, minimize

waste, and improve utilization so that

the maximum benefit of these resources

would be provided to present and future

generations of fishermen, associated

fishing industry sectors, fishing

communities, consumers, and the

Nation as a whole. The Council also

committed itself to support the stability,

economic well-being, and diversity of

the seafood industry and provide for the

economic and social needs of

communities dependent on that

industry.

The problem statement also contained

the following 14 issues identified by the

Council as areas to be addressed by the

CRP:

(1) Harvesting capacity in excess of

that required to harvest the resource.

(2) Allocation and preemption

conflicts between and within industry

sectors, such as with inshore and

offshore components.

(3) Preemption conflicts between gear

types.

(4) Gear conflicts within fisheries

where overcrowding of fishing gear

exists due to excessive participation and

surplus fishing effort on limited

grounds.

(5) Dead-loss such as ‘‘ghost fishing’’

by lost or discarded gear.

(6) Bycatch loss of groundfish, crab,

herring, salmon, and other non-target

species, including bycatch that is not

landed for regulatory reasons.

(7) Economic loss and waste

associated with discard mortality of

target species harvested but not retained

for economic reasons.

(8) Concerns regarding vessel and

crew safety that are often compromised

in the race for fish.

(9) Economic instability within

various sectors of the fishing industry,

and in fishing communities caused by

short and unpredictable fishing seasons,

or preemption that denies access to

fisheries resources.

(10) Inability to provide for a longterm stable fisheries-based economy in

small economically disadvantaged

adjacent coastal communities.

(11) Reduction in ability to provide a

quality product to consumers at a

competitive price, and thus maintain

the competitiveness of seafood products

from the EEZ off Alaska on the world

market.

(12) Possible impacts on marine

mammals and seabirds, and marine

habitat.

(13) Inability to achieve long-term

sustainable economic benefits to the

Nation.

(14) A complex enforcement regimen

for fishermen and management alike

that inhibits the achievement of the

Council’s comprehensive goal.

At its meeting in January 1993, the

Council began evaluating the

effectiveness of different alternatives to

determine which ones would best meet

the objectives of the CRP. These

alternatives included: (1) Exclusive area

registration; (2) seasonal allocations; (3)

license limitation; (4) gear allocations;

(5) inshore/offshore allocations; (6) CDQ
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43867

allocations; (7) trip limits; (8) IFQ for

prohibited species catch; (9) nontransferable IFQ; (10) transferable IFQ;

and (11) harvest privilege auctions. All

the alternatives had qualities that would

have helped achieve some of the

objectives of the CRP; however, after

comparing the strengths and weaknesses

of the alternatives, the Council

identified license limitation and

transferable IFQ as the most viable

alternatives.

Although transferable IFQ was

identified as the alternative with the

greatest potential for solving the most

issues in the problem statement for the

CRP, several problems prevented the

Council from choosing this alternative

as the first step in the CRP process. For

example, determinations about who

should be found eligible to receive an

initial allocation of quota or how much

initial quota should be issued to each

eligible applicant would have been

exceedingly difficult. Also, the IFQ

program for halibut and sablefish had

not yet been implemented; therefore,

any information or experience that

would have been gained from the

operation of that program was not then

available. For these reasons, the

Council, at its meeting in September

1993, raised LLP to equal consideration

with transferable IFQ as a management

regime designed to meet the objectives

of the CRP.

In January 1994, the Council adopted

its Advisory Panel’s recommendations

to expedite the LLP alternative. This

decision was made because the industry

lacked a consensus on the specific form

of a transferable IFQ alternative and a

concern about the amount of time that

would be necessary to produce an

analysis and implement a transferable

IFQ program. The transferable IFQ

alternative was not dropped completely;

rather, it was considered by the Council

as a potential second step in the overall

CRP process. Advocates for the LLP

argued that it was a necessary first step

in the CRP process, because it could be

implemented more expeditiously and it

would provide stability in the fishing

industry while a transferable IFQ system

was analyzed and implemented.

At its meeting in April 1994, the

Council received an LLP/IFQ proposal

from its State of Alaska representative.

This proposal contained an integrated,

step-wise approach consisting of an LLP

followed by an IFQ program. This

proposal became the basis for

subsequent Council actions that

culminated in June 1995 with the

Council’s adoption of the LLP which, if

approved by NMFS, would be

implemented by this proposed rule.

By providing stability in the fishing

industry and by identifying the field of

participants in the groundfish and crab

fisheries, the Council recommended the

LLP as an interim step toward a more

comprehensive solution to the

conservation and management problems

of an open access fishery. Although the

LLP is an interim step, it addresses

some of the important issues in the

problem statement developed for the

CRP. The LLP, through the limits it

places on the number of vessels that

could be deployed in the affected

fisheries, would place an upper limit on

the amount of capitalization that could

occur in those fisheries. This upper

limit would prevent overcapitalization

in those fisheries at levels that could

occur in the future if such a constraint

were not present.

License Limitation Program—

Operational Aspects

1. General

The LLP would limit access to the

commercial groundfish fisheries in the

EEZ off Alaska, except for demersal

shelf rockfish east of 140° W. long. and

sablefish managed under the IFQ

program (license limitation groundfish).

Demersal shelf rockfish east of 140° W.

long. would be excluded from the LLP

because an alternative management

program for that species currently is

under consideration. Sablefish would be

excluded because that species is

managed under the IFQ program. The

LLP also would limit access to the

commercial crab fisheries in the BS/AI,

managed pursuant to the FMP for the

Commercial King and Tanner Crab

Fisheries in the BS/AI.

2. Nature of Licenses and Qualification

Periods

Licenses for license limitation

groundfish would be issued to eligible

applicants based on fishing that

occurred from an eligible applicant’s

qualifying vessel in management areas

(i.e., BSAI, GOA, or BSAI/GOA, or state

waters shoreward of those management

areas) during the general qualification

period (GQP), and in endorsement areas

defined by these regulations (i.e.,

Aleutian Islands, Bering Sea, Central

Gulf, Southeast Outside, and Western

Gulf, or state waters shoreward of those

endorsement areas) during the

endorsement qualification period (EQP).

These licenses would authorize holders

to conduct directed fishing for license

limitation groundfish species in the

endorsement areas designated on each

license and would be transferrable. The

GQP for license limitation groundfish

would be January 1, 1988, through June

27, 1992, except for vessels under 60 ft

(18.3 m) which made a legal landing of

license limitation groundfish with pot

or jig gear prior to January 1, 1995. For

those vessels, the GQP would be

extended through December 31, 1994.

The Council recommended this

extension so that vessels that entered

the fishery after June 27, 1992, but that

used gear that minimized bycatch loss

and waste due to discard mortality,

could be used for qualification.

Qualification under this extension

would be limited to one endorsement

area to ensure that capacity would not

be unduly increased. Minimizing

bycatch loss and waste due to discard

mortality are important objectives of the

CRP (see issues (6) and (7) of the

problem statement above). Additionally,

an eligible applicant whose qualifying

vessel ‘‘crossed-over’’ to groundfish

from crab under the provisions of the

moratorium on entry by June 17, 1995,

also would qualify under the GQP for

license limitation groundfish.

The EQP for license limitation

groundfish would be January 1, 1992,

through June 17, 1995. The area

endorsement(s) designated on a

groundfish license would authorize the

holder to conduct directed fishing in the

following areas: (1) Bering Sea Subarea;

(2) Aleutian Islands Subarea; (3)

Western Area of the Gulf of Alaska; (4)

Central Area of the Gulf of Alaska and

the West Yakutat District; and (5)

Southeast Outside District.

The Council designed the dual

qualification periods (i.e., the GQP and

the EQP) to account for past and recent

participation in the affected fisheries.

The GQP, which includes the

qualification period for the moratorium

on entry, would account for past fishing

participation, and the EQP would

account for the recent fishing

participation that occurred up to the

Council’s final action on the LLP (June

17, 1995). The Council felt that it was

critical that a qualifying vessel have

fishing history in both periods, thereby

showing past dependence and recent

participation, to qualify its owner on

June 17, 1995, for a license. The Council

recommended dual qualification

periods for crab species licenses for the

same reason.

Licenses for crab species would be

issued to eligible applicants based on

fishing that occurred from the qualifying

vessel in the BS/AI during the GQP, and

for a specific species in an endorsement

area (i.e., Adak brown king, Adak red

king, Bristol Bay red king, C. opilio and

C. bairdi, Dutch Harbor brown king,

Norton Sound red king and Norton

Sound blue king, Pribilof red king and

Pribilof blue king, and St. Matthew blue
43868 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

king) during the EQP. These licenses

would authorize holders to conduct

directed fishing for specific crab species

in Federal waters of the specific areas

designated on each license and would

be transferrable. The GQP for crab

species would be January 1, 1988,

through June 27, 1992. Vessels that

participated in the Norton Sound king

crab fisheries and the Pribilof king crab

fisheries would be exempt from the

landing requirements of the GQP

because: (1) The Norton Sound king

crab fisheries began to be managed by

the State of Alaska under a system of

super-exclusive registration in 1993,

and (2) the Pribilof king crab fisheries

were closed from 1988 through 1992.

Eligibility for those fisheries would be

based exclusively on participation

during a separate EQP. Additionally, an

eligible applicant whose qualifying

vessel ‘‘crossed-over’’ to crab from

groundfish under the provisions of the

moratorium on entry by December 31,

1994, also would qualify under the GQP

for crab species.

The EQP for crab species would vary

among eight area/species endorsements.

The EQP for (1) Pribilof red and Pribilof

blue king and (2) Norton Sound red and

Norton Sound blue king would be

January 1, 1993, through December 31,

1994. The EQP for (3) C. opilio and C.

bairdi (Tanner crab), (4) St. Matthew

blue king, (5) Adak brown king, (6)

Adak red king, and (7) Dutch Harbor

brown king would be January 1, 1992,

through December 31, 1994. The EQP

for (8) Bristol Bay red king would be

January 1, 1991, through December 31,

1994. These endorsement periods were

designed to accommodate the different

patterns of season openings and

closures for specific crab species. For

example, the Bristol Bay red king crab

fishery was not open in 1994; therefore,

a 3-year participation window is

provided by using a January 1, 1991,

start date. The variations in the EQP for

the Norton Sound king crab fisheries

and the Pribilof king crab fisheries are

explained in the GQP discussion above.

3. License Designations and Vessel

Length Categories

All licenses for license limitation

groundfish and crab species would be

designated for use by either catcher

vessels or catcher/processor vessels.

This designation would prescribe the

authorized behavior of the license

holder on the vessel on which the

license would be used. A catcher vessel

designation on a groundfish license

would authorize a license holder to

conduct directed fishing for license

limitation groundfish species and a

catcher designation on a crab species

license would authorize a license holder

to conduct directed fishing for crab

species. A license with a catcher vessel

designation would not authorize a

license holder to process license

limitation groundfish or crab species. A

catcher/processor vessel designation on

a groundfish license would authorize a

license holder to conduct directed

fishing for, and process, license

limitation groundfish. Similarly, a

catcher/processor designation on a crab

species license would authorize a

license holder to conduct directed

fishing for, and process, crab species. A

license with a catcher/processor

designation also would authorize a

license holder to conduct directed

fishing for but not process license

limitation groundfish or crab species

(i.e., the license holder is not required

to process his or her catch).

The Council also provided that

persons could change the vessel

designation on their licenses from a

catcher/processor to a catcher vessel.

This change in designation would be

permanent; that is, once a vessel

designation was changed from a

catcher/processor vessel to a catcher

vessel, the license holder would no

longer be able to process license

limitation groundfish or crab species

using that license.

The length overall (LOA) of a vessel

is defined at § 679.2 as the horizontal

distance 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, measured in

linear feet and rounded to the nearest

foot. The size categories were selected

in order to be consistent with size

categories in other programs; in

addition, some observer requirements

vary with vessel size, and these

categories are consistent with those

observer requirements. The following

convention would be used when

rounding the LOA to the nearest foot.

(1) When the amount exceeding a

whole foot measurement is less than 6

inches (15.2 cm), the LOA would be

equal to that whole foot measurement.

For example, if the horizontal distance

of a vessel is 124 ft, 53⁄4 inches (37.9 m),

the LOA of the vessel would be 124 ft

(37.8 m).

(2) When the amount exceeding a

whole foot measurement is greater than

6 inches (15.2 cm), the LOA would be

equal to the next whole foot

measurement. For example, if the

horizontal distance of a vessel is 124 ft,

61⁄8 inches (38.0 m), the LOA of the

vessel would be 125 ft (38.1 m).

(3) When the amount exceeding a

whole foot measurement is exactly 6

inches (15.2 cm), the LOA would be

equal to that whole foot measurement if

the number is even; however, if the

number is odd, the LOA would be equal

to the next whole foot measurement. For

example, if the horizontal distance of a

vessel is 124 ft, 6 inches (37.9 m), the

LOA of the vessel would be 124 ft (37.8

m), but, if the horizontal distance of the

vessel is 59 ft, 6 inches (18.1 m), the

LOA of the vessel would be 60 ft (18.3

m).

All licenses for license limitation

groundfish and crab species would be

issued with a specific vessel length

category designated on the license.

These categories are: (1) Category ‘‘A’’,

which is comprised of vessels with an

LOA of 125 ft (37.8 m) or greater; (2)

category ‘‘B’’, which is comprised of

vessels with an LOA from 60 ft (18.3 m)

to 124 ft (37.5 m); and (3) category ‘‘C’’,

which are vessels with an LOA of 59 ft

(18 m) or less. A license would be

issued with the appropriate specific

vessel length category, based on the

qualifying vessel’s LOA on June 17,

1995.

Vessels participating under the

moratorium on entry may be lengthened

to their maximum length overall

(MLOA). A vessel’s MLOA would be 1.2

times its LOA on June 24, 1992, except:

(1) For a vessel that was under

reconstruction on June 24, 1992, its

MLOA would be 1.2 times its LOA on

the date reconstruction was completed;

or (2) for a vessel that was 125 ft (37.8

m) or greater and that was under

reconstruction on June 24, 1992, its

MLOA would be its LOA on June 24,

1992, or its LOA on the date

reconstruction was completed.

The vessel lengthening provisions of

the moratorium on entry explained

above provide some permissible

flexibility to lengthen a vessel under the

LLP. Specifically, a vessel may be

lengthened to its MLOA under the

moratorium on entry provided it was

lengthened before June 17, 1995, or, if

not, provided the lengthening does not

cause the vessel to exceed the vessel’s

length category under the LLP. For

example, a vessel that was 58 ft (17.7 m)

on June 24, 1992, could be lengthened

to 70 ft (21.4 m) under the provisions of

the moratorium on entry. If the vessel

had been lengthened before June 17,

1995, then the license issued would

have a category ‘‘B’’ vessel length

designation, which could be used on a

vessel with an LOA from 60 ft (18.3 m)

to 124 ft (37.5 m). However, if the vessel

had been lengthened after June 17, 1995,

then the license issued would have a

category ‘‘C’’ vessel length designation

(based on its LOA on June 17, 1995),

which could be used on a vessel with
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43869

an LOA of 59 ft (18 m) or less.

Therefore, although vessels may be

lengthened under the provisions of the

moratorium on entry, vessels may not be

lengthened after June 17, 1995, beyond

their length categories and still be

eligible for LLP fishing with the license

issued based on that vessel’s LOA on

June 17, 1995. For vessels that were

lengthened under the provisions in the

moratorium on entry, NMFS will

require evidence of the date the vessel

was lengthened, and the LOA of the

vessel before and after that date. In

addition, NMFS will require evidence of

the vessel’s LOA on June 17, 1995. In

such circumstances, evidence bearing

upon the vessel’s LOA on the relevant

dates could consist of a past marine

survey, an original builder’s certificate

and any admeasurement documents

submitted to the U.S. Coast Guard

National Vessel Documentation Center,

a certificate of registration that states the

vessel’s length, or other credible

evidence. For the convenience of initial

issuees and future transferees, LLP

licenses issued for a vessel will state its

MLOA.

Difficulties have been reported with

at-sea monitoring for compliance with

vessel length categories based on the

current definition of LOA at § 679.2. In

order to obtain an accurate

measurement of LOA, a vessel must be

moored to a wharf or dock upon which

the distance between the foremost part

of the stem and the aftermost part of the

stern can be carefully marked and

measured. Such careful marking and

measurement is not possible while the

vessel is at sea. Consequently, at-sea

enforcement of fishery regulations

incorporating the LOA definition is

impaired. Moreover, vessel owners and

operators could be inconvenienced in

some situations while enforcement

officers arrange to have a vessel’s LOA

measured in port.

For these reasons, NMFS specifically

requests public comments on alternative

methods of determining or verifying

LOA while a vessel is at sea. In

particular, NMFS requests comments on

the efficacy of redefining LOA as

follows: for a vessel documented by the

U.S. Coast Guard, the Coast Guard

documented length; for an

undocumented vessel that has been

issued a certificate of registration, the

length that appears on the vessel’s

certificate of registration; and for a

vessel that is neither documented nor

registered, the length as determined by

the current definition of LOA at § 679.2.

If the LLP portions of the amendments

are approved, the final rule may make

these or other changes to the definition

of LOA depending in large part upon

the comments received during the

public comment period.

4. Landing Requirements

The landings that owners of vessels

would need to qualify for a particular

area endorsement for a groundfish

license would vary according to vessel

length category, the area, and vessel

designation. These differing

requirements are intended by the

Council to account for differences in the

operational characteristics of the

fisheries, differences in the geographical

areas in which the fisheries are

prosecuted, and differences in the social

and economic conditions that affect

participants in the fisheries from

various coastal areas. For instance, the

dependence of fishing communities

around the Gulf of Alaska on small

vessel fleets would be accounted for by

requiring only a single landing during

the appropriate time periods for vessels

less than 60 ft (18.3 m) LOA to qualify

for an endorsement. The single landing

requirement would be extended to

catcher vessels less than 125 ft (37.8 m)

LOA in the Western Gulf because public

testimony during Council consideration

of the LLP indicated that local fleets did

not participate in that area during the

earlier portion of the EQP.

Consequently, the Council concluded

that excluding those fleets from adjacent

fishing grounds through more stringent

landing requirements would

significantly harm local communities

dependent on those fisheries. Catcher/

processor vessels in the Western Gulf

area that were 60 ft (18.3 m) to less than

125 ft (37.8 m) LOA, would have the

same landing requirements as all vessels

of similar length in the Central Gulf area

and Southeast Outside district because

of their fishing capacity. Also, based on

information in the LLP analysis that

multiple landing requirements in the

Bering Sea subarea and Aleutian Islands

subarea would unduly burden small

vessels, but would not affect larger

vessels, which contributed to the largest

portion of capacity in the fleet in those

areas, the Council determined that a

single landing requirement would best

reflect the operational characteristics of

the fisheries in those areas. Finally, the

Council received public testimony

during consideration of the LLP that

some vessels that qualified under the

moratorium on entry entered into the

fishery during the latter portion of the

EQP. The Council recommended that a

four-landing provision be added to the

EQP landing requirements in certain

areas to account for participation of

these vessels. The Council felt that four

landings would be sufficient to show

that a person intended to remain in the

fishery and that his or her participation

was not merely speculative and

opportunistic. Based on these

considerations, the Council

recommended the following landing

requirements:

For vessels in all three length

categories (‘‘A,’’ ‘‘B,’’ and ‘‘C’’), one

landing of a license limitation

groundfish species harvested in the

appropriate area during the EQP to

qualify their owner(s) for an Aleutian

Islands area endorsement or a Bering

Sea area endorsement; for vessels in

length category C, one landing of license

limitation groundfish species harvested

in the appropriate area during the EQP

to qualify their owner(s) for a Western

Gulf area endorsement, a Central Gulf

area endorsement, and a Southeast

Outside area endorsement; for vessels in

length category B designated as catcher

vessels, one landing of license

limitation groundfish species harvested

in the appropriate area during the EQP

to qualify their owner(s) for a Western

Gulf area endorsement. Vessel length

category ‘‘B’’ vessels would require one

landing of license limitation groundfish

species harvested in the appropriate

area in each of any 2 calendar years

from January 1, 1992, through June 17,

1995, or four landings of license

limitation groundfish species harvested

in the appropriate area between January

1, 1995, through June 17, 1995, for a

Central Gulf area endorsement or a

Southeast Outside area endorsement.

This landing requirement also would

apply to vessels designated as catcher/

processor vessels and in vessel length

category ‘‘B’’ for a Western Gulf area

endorsement. Vessel length category

‘‘A’’ vessels would require one landing

of license limitation groundfish species

harvested in the appropriate area in

each of any 2 calendar years from

January 1, 1992, through June 17, 1995,

for a Central Gulf area endorsement, a

Southeast Outside area endorsement,

and a Western Gulf area endorsement.

The landings owners of vessels would

need to qualify for a particular area/

species endorsement for a crab species

license would vary according to the crab

species. The Council recommended

differing requirements to ensure that

incidental catches would not qualify a

person for a license (e.g., incidentally

caught Tanner crab with red or blue

king) but allow for participation in some

fisheries where a single landing may

have indicated that a person intended to

remain in a fishery (e.g., the Pribilof red

and blue king crab fishery that was

closed from 1988 through 1992). The

following requirements were

recommended by the Council: For a red

and blue king crab license, one landing
43870 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

of the appropriate crab species

harvested in the appropriate fishery

during the EQP; for a brown king and

Tanner crab license, three landings of

the appropriate crab species harvested

in the appropriate fishery during the

EQP.

The appropriate fishery is the area, as

defined in the proposed regulations,

that corresponds to the area/species

endorsement for which the person is

seeking qualification. Only legal

landings would qualify. As defined in

the proposed regulations, a legal landing

is a landing in compliance with Federal

and state commercial fishing regulations

in effect at the time of landing.

5. License Recipients

Licenses would be issued to eligible

applicants. Eligible applicants must

have been eligible, on June 17, 1995 (the

date of final Council action on the LLP),

to document a fishing vessel under

Chapter 121 of Title 46, U.S.C. An

eligible applicant would be the owner,

on June 17, 1995, of a qualified vessel

or, if the fishing history of that qualified

vessel has been transferred to another

person by the express terms of a written

contract that clearly and unambiguously

provides that the qualification for a

license under the LLP has been

transferred, the person to which the

qualification was transferred by the

express terms of a written contract. The

Council recommended that NMFS

recognize written contracts to the extent

practicable; however, in the event of a

dispute concerning the disposition of

the license qualification by written

contract, NMFS would not issue a

license until the dispute was resolved

by the parties involved. For determining

the qualification for a license in the

absence of a written contract the

Council recommended the following: (1)

If the vessel were sold on or before June

17, 1995, the vessel’s fishing history and

license qualification transfers with the

vessel; (2) if the vessel were sold after

June 17, 1995, the vessel’s fishing

history and license qualification remain

with the seller; (3) only one license be

issued based on the landings of any

qualified vessel. For instance, a vessel’s

fishing history could not be divided so

that multiple licenses could be issued

based on separate qualifications created

by that division. Also, if there had been

multiple owners of a qualified vessel on

June 17, 1995, then one license would

be issued in the name of the multiple

owners. A qualified vessel is one from

which legal landings were made during

the appropriate qualifying periods in

§ 679.4(i) (4) and (5) of this proposed

rule.

A successor-in-interest would be

eligible to apply for a license in the

place of eligible applicant if the eligible

applicant, because of death or

dissolution, could not apply for the

license.

NMFS will assemble a comprehensive

database containing relevant data on

landings, vessels, and ownership. That

database will be the ‘‘Official Record’’

regarding eligibility for a license.

Persons that appear to be eligible,

premised on the information contained

in the Official Record, would be notified

of their status and invited to request an

application from NMFS. Other persons,

who may not initially appear eligible to

NMFS, could also request an

application from NMFS. On receipt of

the request for application, NMFS

would prepare an application premised

on information in the Official Record

and send it to the applicant. Applicants

would then have an opportunity to

review the information provided, make

changes if appropriate, and return the

completed application to NMFS. No

license would be issued unless the

application were returned to NMFS, and

NMFS determined the applicant to be

eligible for a license.

Applicants who disagreed with the

information in the Official Record (i.e.,

applicants who contended that the

information was incomplete or

incorrect, or both) would have an

opportunity to demonstrate the validity

of their contentions. For example, if the

official record did not contain records of

landings for a vessel during the GQP, a

person could provide State of Alaska

fish tickets to demonstrate those

landings. Similarly, if an application

were submitted based on a claim of

unavoidable circumstances, the person

submitting the application would need

to provide sufficient evidence to verify

the claim. Further information on the

requirements for a claim of unavoidable

circumstances is provided in Section 8,

Other Provisions, below.

Applicants would be notified of the

disposition of their applications (i.e.,

whether the application was approved,

partially approved, or disapproved). If

the application were approved, then a

license would be issued to the

applicant. If the application were

partially approved, or disapproved, the

applicant would be provided an

opportunity to submit evidence to

support any claim that NMFS could not

verify. Evidence submitted in a timely

matter would be reviewed and used as

the basis for reconsideration. NMFS’

initial determination on an application

would stand if an applicant fails to

submit corroborating evidence within

the time period provided.

The disapproval of an application

would be an initial administrative

determination that could be appealed

under 50 CFR 679.43. For applications

for which NMFS considers additional

evidence to support previously

unsupported claims, NMFS’s

determination on the validity of the

claims would be an initial

administrative determination that could

be appealed.

If an appeal were filed and accepted,

the applicant would receive a nontransferable license authorizing that

person to conduct directed fishing for

license limitation groundfish or crab

species based on any approved portion

of the application. Further, the nontransferable license would [could also]

authorize directed fishing for license

limitation groundfish or crab species

based upon the denied claims accepted

for appeal, until the appeal was

resolved. If an applicant’s appeal were

denied, then that applicant would only

receive a license to conduct directed

fishing for license limitation groundfish

or crab species based on the approved

portion of the application.

6. Transfer and Reissuance of Licenses

A license holder may request NMFS,

on a form available from NMFS, to

transfer the license to a recipient

designated by the license holder on the

request form. The designated recipient

may not conduct directed fishing for

license limitation groundfish or crab

species until NMFS reissues the license

in the name of the recipient. NMFS will

not reissue a license unless the license

holder submits a completed, signed, and

dated request form to NMFS and NMFS

determines that the designated recipient

is a person able to document a fishing

vessel under Chapter 121, Title 46,

U.S.C., that no party to the transfer has

any fines, civil penalties, other

payments due and outstanding, or

outstanding permit sanctions resulting

from Federal fishing violations

involving any party to the transfer, and

that the transfer will not cause the

recipient to exceed the license caps in

proposed § 679.7(i).

When reissued, the recipient may use

the license for any vessel designation

and vessel length category originally

assigned to the license, or on any vessel

equal to, or shorter than, the MLOA set

forth on the license, regardless of vessel

length category. For example, a license

with a MLOA of 145 ft (44.2 m) could

be used on a vessel 145 ft (44.2 m) or

shorter, regardless of whether the vessel

is in category ‘‘A’’, ‘‘B’’, or ‘‘C’’, as long

as the vessel conforms with all other

requirements, such as vessel designation

and area endorsement. The Council
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43871

included this provision to allow for

increased transfer flexibility.

7. License Severability and Ownership

Caps

Area endorsements for groundfish

licenses or area/species endorsements

for crab species licenses would not be

severable from the license. For example,

a person transferring a groundfish

license with a Southeast Outside area

endorsement and a Central Gulf area

endorsement would necessarily transfer

both area endorsements with the license

and could not keep one area

endorsement while transferring the

other. Similarly, vessel designations and

vessel length categories would not be

severable from the license. The nonseverability of licenses was

recommended by the Council to prevent

increased capacity in the affected

fisheries.

Also, for at least 3 years after

implementation, a groundfish license

and crab species license initially issued

to a person would not be severable if

those licenses resulted from the

landings of the same qualifying vessel.

The Council intends to review the issue

of severability 3 years after

implementation of the LLP. After that

review, if the Council decides that the

reason for non-severability (i.e., excess

effort in the fisheries) has been

ameliorated, then the Council may

remove the prohibition on severing

initially issued groundfish and crab

species licenses. Groundfish licenses

and crab species licenses obtained by

transfer could not be combined with any

other licenses held by a person and

would remain separate licenses.

A person would be limited to a

maximum of ten groundfish licenses

and five crab species licenses, unless

that person is initially issued more than

those numbers of licenses, in which

case the person could hold more

licenses than specified by the license

limit. However, a person above the limit

could not receive a new groundfish

license or a crab species license by

transfer until the number of licenses

held by that person is below the

maximum number for the respective

limits. After obtaining transfer eligibility

by dropping below the license limit, a

person could not exceed that limit,

notwithstanding the earlier status of

being allowed to exceed that limit on

initial issuance. These limits were

recommended by the Council to prevent

any person from obtaining an excessive

share of harvest privileges in the

affected fisheries.

8. Other Provisions

The Council included several other

provisions in the proposed LLP. First,

the Council recommended that persons

targeting species not included in the

groundfish portion of the LLP and who

are currently allowed to land

incidentally taken license limitation

groundfish species be authorized under

the LLP to continue landing bycatch

amounts of license limitation

groundfish species without a groundfish

license. This provision is intended to

avoid the waste that occurs when

bycatch is required to be discarded. This

is especially true for programs like the

IFQ program for sablefish and halibut,

where the targeted species and license

limitation groundfish species may be

found in the same habitat area.

Second, the Council recommended

that the owner of a vessel who qualifies

for a license under the LLP but whose

vessel was lost or destroyed be eligible

for the license and accompanying

endorsements, designation, and vessel

length category. This license could not

be used for harvesting applicable

species unless the vessel on which the

license is used conforms with all the

requirements of the LLP.

Third, the Council recommended that

an ‘‘unavoidable circumstances’’

provision be included in the LLP. This

provision would allow the owner of a

vessel on June 17, 1995, to receive a

license, even though the vessel on

which the application would be based

did not meet all of the landing

requirements necessary to qualify that

owner for a license. That owner,

hereafter applicant, would need to

provide evidence during the application

process that the vessel made a legal

landing of license limitation groundfish

species, or crab species if applicable,

between January 1, 1988, and February

9, 1992. The applicant would also need

to provide evidence that, due to factors

beyond the control of the owner of the

vessel at that time, the vessel was

subsequently lost, damaged, or unable

to qualify the applicant for a license

under the criteria in § 679.4(i) (4) or (5).

Furthermore, the applicant must

demonstrate:

(1) That the owner of the vessel at that

time held a specific intent to conduct

directed fishing for license limitation

groundfish (crab species) with that

vessel during a specific time period in

a specific area.

(2) That the specific intent to conduct

directed fishing for license limitation

groundfish (crab species) with that

vessel was thwarted by a circumstance

that was:

(a) Unavoidable.

(b) Unique to the owner of that vessel,

or unique to that vessel.

(c) Unforeseen and reasonably

unforeseeable to the owner of the vessel.

(3) That the circumstance that

prevented the owner from conducting

directed fishing for license limitation

groundfish (crab species) actually

occurred.

(4) That, under the circumstances, the

owner of the vessel took all reasonable

steps to overcome the circumstance that

prevented the owner from conducting

directed fishing for license limitation

groundfish (crab species).

(5) That license limitation groundfish

(appropriate crab species) were

harvested on the vessel in the specific

area that corresponds to the area

endorsement (area/species

endorsement) for which the claimant is

applying and the harvested license

limitation groundfish (crab) was legally

landed after the vessel was prevented

from participating by the unavoidable

circumstance but before June 17, 1995.

If all these criteria are met to the

satisfaction of NMFS, a license may be

issued for the appropriate fishery and

endorsement area. This provision is not

designed to be a ‘‘loop hole’’ through

which owners of vessels that have not

met the qualification requirements

could be issued licenses. If an applicant

failed to demonstrate that an

unavoidable circumstance prevented the

vessel from meeting the qualifications in

§ 679.4(i) (4) or (5), NMFS would not

issue a license.

Fourth, the Council recommended

that licenses be issued to owners of

vessels that made a legal landing of

license limitation groundfish species

harvested during the GQP in one

management area and a legal landing of

license limitation groundfish species

harvested during the EQP in another

management area. For example, suppose

a vessel in length category ‘‘C’’ made

only two legal landings of license

limitation groundfish species. The first

legal landing was of license limitation

groundfish species harvested in the

BSAI on December 31, 1991, and the

second legal landing was of license

limitation groundfish species harvested

in the Central Gulf endorsement area on

June 16, 1995. Although the owner of

the vessel would not qualify for a

license under the standard eligibility

criteria (i.e., making a landing during

the GQP and the EQP of license

limitation groundfish species harvested

in the same management area), this

owner would qualify for a license under

the alternative method of eligibility.

Section 679.4(i)(4) (iv) and (v) provide

that if a vessel makes a legal landing

during the GQP (and not the EQP) of
43872 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

license limitation groundfish species

harvested in one management area and

a legal landing during the EQP (and not

the GQP) of license limitation

groundfish species harvested in another

management area, then the owner of the

vessel would qualify for a license for the

management area in which the vessel

harvested license limitation groundfish

species during the EQP. The owner of

the vessel in the example above would

receive a license for the Gulf of Alaska

with a Central Gulf area endorsement.

Fifth, the Council recommended a notrawl zone east of 140° W. long.

(Southeast Outside District). Owners of

vessels that qualify for a groundfish

license for the Gulf of Alaska with a

Southeast Outside area endorsement

would not be able to use trawl gear in

that area regardless of whether trawl

gear were used to harvest license

limitation groundfish species during the

EQP. The proposed no-trawl zone is

designed to prevent preemption

conflicts between gear types, prevent

fixed gear loss, and to provide for the

socio-economic needs of communities

dependent on the local fisheries in the

Southeast Outside District.

Three types of preemption can occur

among competing gear types. Direct

preemption occurs when competing

gear types target the same species.

Rockfish species such as rougheye,

other slope, and thornyhead rockfish are

examples of species that would be

targeted by trawl gear and fixed gear

fisheries in the Southeast Outside

District. Establishing a no-trawl zone

would eliminate direct preemption by

trawl gear. Indirect preemption occurs

when one gear type impacts or

precludes a target fishery by another

gear type by incidentally catching the

target species. Incidental catches of

species made by trawl gear could

preclude fixed gear target fisheries that

are critical to the socio-economic

viability of small communities in

Southeast Alaska. Indirect preemption

by trawl gear also would be eliminated

by restricting the Southeast Outside

Regulatory District to fixed gear only.

Grounds preemption occurs when the

operator of a vessel using one type of

fishing gear chooses not to fish in an

area because of the gear type being used

by the operator of another vessel in the

same area. For example, an operator of

a vessel using longline gear may be

hesitant to deploy gear in an area in

which trawl gear will be used because

of the possibility of the longline gear

being lost or damaged by the trawl gear.

This third type of preemption also

would be eliminated by the

establishment of a no-trawl zone. Fixed

gear loss occurs when trawl gear is

towed over a fixed gear set. This loss

can lead to higher fishing mortality due

to ‘‘ghost fishing’’ (i.e., fishing that

occurs when fish are caught on

unretrieved gear).

Western Alaska Community

Development Quota Program

Background Information

The goals and purpose of the CDQ

program are to allocate CDQ to eligible

Western Alaska communities to provide

the means for starting or supporting

commercial fishery activities that will

result in ongoing, regionally based,

commercial fishery or related

businesses. The CDQ program began in

1992 with the pollock CDQ fishery,

which was developed by the Council as

part of Amendment 18 to the BSAI FMP.

The approved portion of Amendment 18

and the final rule implementing

Amendment 18 (57 FR 23321, June 3,

1992) allocated pollock for the CDQ

program only for a temporary period

from 1992 through 1995. The

amendment allocated to a pollock CDQ

reserve, one-half of the 15 percent of the

pollock TAC that is placed in the nonspecific reserve for each subarea or

district of the BSAI.

Eligible CDQ communities could

apply for a CDQ allocation from the

CDQ reserve by submitting a

Community Development Plan (CDP).

Regulations implementing the CDQ

program for 1992 and 1993 (57 FR

54936, November 23, 1992) specified

the process for applying for the CDQ

program and the required contents of

CDPs. A subsequent regulatory

amendment (58 FR 32874, June 14,

1993) implemented the CDQ program

for 1994 and 1995.

The Council recommended

reauthorizing the pollock CDQ program

for an additional 3 years as part of

Amendment 38 to the BSAI FMP, and

NMFS approved this amendment on

November 28, 1995. Regulations

implementing the pollock CDQ program

for 1996 through 1998 were published

on December 12, 1995 (60 FR 63654,

corrected 61 FR 20, January 2, 1996).

The Council recommended adding the

halibut and fixed gear sablefish (H/S)

fisheries to the CDQ program beginning

in 1995, as part of the IFQ program. The

final rule implementing the IFQ

program (58 FR 59375, November 9,

1993) implemented the H/S CDQ

program with no expiration date. More

background and explanation of the

pollock and H/S CDQ programs can be

found in the preambles to the above

final rules.

Regulations implementing the pollock

CDQ program were codified at 50 CFR

part 675, and regulations implementing

the H/S CDQ program were codified at

50 CFR part 676. NMFS subsequently

consolidated both sets of CDQ

regulations into one set of regulations at

50 CFR part 679, subpart C (61 FR

31228, June 19, 1996).

At its meeting in June 1995, the

Council recommended a further

expansion of the CDQ program. The

Council recommended that 7.5 percent

of all BSAI groundfish TACs not already

covered by a CDQ program along with

a pro-rata share of the prohibited

species catch (PSC) limit, and 7.5

percent of the BS/AI crab be allocated

to CDQ communities as defined in the

regulations implementing the current

CDQ program. The Council

recommended that the expanded

program be designed similarly to the

current pollock CDQ program. Further,

the Council did not recommend a

termination date as currently exists for

the pollock CDQ program.

Based on the Council’s

recommendation to expand the CDQ

program to include groundfish in the

BSAI and crab in the BS/AI, NMFS

prepared a CDQ Program Design. The

CDQ Program Design was an outline for

implementing the groundfish and crab

CDQ programs and for combining them

with the existing pollock and H/S CDQ

programs. NMFS submitted the CDQ

Program Design to the Council for

review at its meeting in April 1996 and

requested clarification on several CDQ

policy issues. This proposed rule is

based on that CDQ Program Design and

the clarification provided by the

Council.

Expectations for Monitoring the CDQ

Fisheries

The level of accountability for catch

under the multispecies CDQ program

determines the complexity of the

monitoring program and the resulting

cost to the CDQ groups, their industry

partners, and the public. This proposed

rule is based on NMFS’ description and

the Council’s approval of a CDQ

program design in which individual

CDQ groups would be eligible to receive

allocations of all groundfish TAC

species or species groups, and

prohibited species to support their

groundfish, halibut, and crab CDQ.

Under the proposed multispecies

CDQ program, NMFS would be

responsible for monitoring and

enforcing the groundfish and halibut

CDQs. The State of Alaska (State) would

be responsible for monitoring and

enforcing the crab CDQs under authority

contained in the FMP for the

Commercial King and Tanner Crab

Fisheries in the BS/AI.
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43873

In the CDQ fisheries managed by

NMFS, all groundfish, prohibited

species, and halibut catch and bycatch

in CDQ fisheries, including the existing

pollock, sablefish, and halibut CDQ

fisheries, would accrue to CDQ or

prohibited species quotas (PSQ)

allocated to the CDQ group. Catch of

groundfish or halibut in excess of a CDQ

or PSQ would be prohibited under

§ 679.7(d)(6). Catch of the salmon,

herring, and crab PSQ would result in

the same time and area closures that

exist for these prohibited species in the

open access groundfish fisheries.

Failure to account for all allocated

bycatch species in the groundfish or

halibut CDQ fisheries would result in

the CDQ program exceeding groundfish

and halibut PSQ allocations

recommended by the Council. The

groundfish CDQ program would not

have a ‘‘prohibited species status’’ that

would allow for continued fishing for

one groundfish species once the quota

of another groundfish species has been

reached. No provision would be

included to allow overages from the

CDQ fisheries to accrue to TACs and

PSC limits in the non-CDQ fisheries.

Based on this program design, the

multispecies groundfish and halibut

CDQ program would require a higher

level of accountability than any fishery

NMFS is currently managing off Alaska.

The existing pollock, sablefish, and

halibut CDQ fisheries and the fixed gear

halibut and sablefish IFQ fisheries are

target fishery-based quota programs that

do not require accounting for all TAC

and PSC species in the catch.

Combining Existing and Proposed CDQ

Programs

NMFS proposes to combine the

existing pollock and fixed gear halibut

and sablefish CDQ programs with the

proposed groundfish and crab CDQ

programs into a single multispecies

CDQ program. A combined CDQ

program would simplify the CDP

process, provide for full accounting of

all CDQ and PSQ in the groundfish and

halibut CDQ programs, apply NMFS’

monitoring requirements equitably, and

decrease the administrative burden on

the CDQ groups, the State, and NMFS.

Under the proposed multispecies

CDQ program, each CDQ group would

submit one CDP for all species, and

CDQ allocations for all species would be

made every 3 years. Requirements for

recordkeeping and reporting, observer

coverage, and equipment for improved

catch estimates would be applied

equally to all participants in the

groundfish and halibut CDQ fisheries

based on vessel or processor type, not

on target fishery. For example,

requirements for a longline vessel

harvesting sablefish CDQ would be the

same as the requirements for that vessel

harvesting Pacific cod CDQ.

At its April 1996, meeting, the

Council recommended that full

integration of the catch monitoring and

equipment requirements for the

groundfish and halibut CDQ fisheries be

delayed until 1999. Therefore, 1998

would be a transition year from the

existing separate CDQ programs by

target species to an integrated CDQ

program in which all participants in the

groundfish and halibut CDQ fisheries

would follow the same catch monitoring

and reporting requirements specified by

vessel and processor type rather than by

CDQ target fishery. In 1998, CDQ vessels

and processors participating in the

pollock and H/S CDQ programs would

be exempt from the groundfish CDQ

program catch monitoring regulations.

The Council’s recommendation would

result in four categories of CDQ fisheries

in 1998 and two categories in 1999 and

future years. The four categories for

1998 would be: (1) The pollock CDQ

fisheries; (2) the fixed gear halibut and

sablefish CDQ fisheries; (3) the

groundfish CDQ fisheries, which would

exclude pollock and fixed gear

sablefish; and (4) the crab CDQ fisheries.

The multispecies CDQ fisheries would

be divided into two categories for 1999

and future years: (1) The groundfish and

halibut CDQ fisheries managed by

NMFS; and (2) the crab CDQ fisheries

managed by the State.

Description of CDQ Species

The multispecies CDQ program would

include the existing CDQ species of

pollock, fixed-gear sablefish and

halibut; and the proposed CDQ

groundfish, crab, and PSQ species. The

proposed CDQ groundfish species

include all other BSAI groundfish

species or species groups that have an

annually specified TAC and are not part

of the current CDQ program. The

proposed PSQ species are defined at

§ 679.21(b)(1) and include any of the

species of Pacific salmon

(Oncorhynchus spp.), steelhead trout

(Oncorhynchus mykiss), halibut, Pacific

herring (Clupea harengus pallasi), king

crab, and Tanner crab. The proposed

crab CDQ species include all king and

Tanner crab species in the BS/AI that

have a guideline harvest level (GHL)

specified by the State.

CDQ Reserves, Allocations, and Quotas

The multispecies CDQ program would

assign a portion of each CDQ species

and PSQ species to a separate CDQ

reserve. The following would be the

amount assigned to each CDQ reserve

for the exclusive use of the CDQ

program:

(1) Pollock CDQ reserve. One-half of

the pollock TAC that is placed in the

non-specific reserve for each subarea or

district of the BSAI would be assigned

to the pollock CDQ reserve.

(2) Halibut CDQ reserve. A separate

halibut CDQ reserve would be

implemented for the following

International Pacific Halibut

Commission (IPHC) management areas:

(A) Area 4B. In IPHC regulatory area

4B, 20 percent of the annual halibut

quota would be made available for the

halibut CDQ program to eligible

communities physically located in or

proximate to this regulatory area.

(B) Area 4C. In IPHC regulatory area

4C, 50 percent of the halibut quota

would be made available for the halibut

CDQ program to eligible communities

physically located in this regulatory

area.

(C) Area 4D. In IPHC regulatory area

4D, 30 percent of the halibut quota

would be made available for the halibut

CDQ program to eligible communities

located in or proximate to IPHC

regulatory areas 4D and 4E.

(D) Area 4E. In IPHC regulatory area

4E, 100 percent of the halibut quota

would be made available for the halibut

CDQ program to communities located in

or proximate to this regulatory area.

(3) Sablefish CDQ reserves. Two

sablefish CDQ reserves would be

established:

(A) Fixed gear sablefish CDQ reserve.

NMFS would assign 20 percent of the

fixed gear allocation of sablefish in each

subarea or district of the BSAI as a

fixed-gear sablefish CDQ reserve.

Sablefish in this reserve could be

harvested only by vessels using fixed

gear as required by the FMP amendment

establishing the H/S CDQ program.

(B) Sablefish CDQ reserve. NMFS

would assign 7.5 percent of the trawl

gear allocation of sablefish in each

subarea or district of the BSAI as a

sablefish CDQ reserve. Sablefish in this

reserve could be harvested by vessels

using any authorized gear because no

gear restrictions were recommended by

the Council for the multispecies CDQ

program.

(4) Groundfish CDQ reserves. NMFS

would assign one-half of the amount of

each groundfish TAC that is placed in

the reserve for each subarea or district

of the BSAI to a separate CDQ reserve

for each subarea or district of the BSAI.

The groundfish CDQ reserves do not

include sablefish.

(5) PSQ reserves. NMFS would assign

seven and one-half percent of each of

the PSC species defined at § 679.21(b)(1)

to a separate PSQ reserve.
43874 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

(6) Crab CDQ reserves. The Council’s

recommendation on crab CDQs in June

1995, stated that 7.5 percent of the crab

GHLs in the BS/AI would be made

available to the CDQ program at the

beginning of the multispecies CDQ

program’s implementation. However,

the reauthorization of the MagnusonStevens Act, which became effective in

October 1996, requires that the crab

CDQ program be phased-in according to

the following percentages: 3.5 percent

for 1998, 5.0 percent for 1999, and 7.5

percent for the year 2000 and thereafter.

These proposed regulations reflect the

requirements of the Magnuson-Stevens

Act.

A CDQ allocation is a percentage of a

CDQ reserve that is assigned to a CDQ

group when NMFS approves a proposed

CDP. A CDQ means the annual amount

of a particular CDQ species that a CDQ

group is permitted to catch based on a

CDQ allocation that has been requested

in a proposed CDP and approved by

NMFS. A PSQ allocation means a

percentage of a PSQ reserve that is

assigned to a CDQ group. PSQ means

the annual amount of a prohibited

species that is allocated to a CDQ group

based on a PSQ allocation.

CDQ Program Responsibilities

The proposed multispecies CDQ

program would be a Federal program in

which the fishing privileges for CDQ are

temporarily allocated by NMFS to the

CDQ groups. In return, the CDQ groups

would be responsible for managing the

CDQ harvesting and the CDQ projects as

outlined in the CDPs on behalf of the

member communities. NMFS would

have no obligation to allocate future

CDQ or PSQ based on past allocations,

and CDQ and PSQ fishing privileges

would expire with the expiration of a

CDP. NMFS would base its awards of

CDQ and PSQ allocations to the CDQ

groups on the merits of the proposed

CDPs.

The proposed CDPs, developed by the

CDQ groups, would be the means for

requesting CDQ and PSQ allocations

from NMFS. Although NMFS would

award the CDQ allocations to the CDQ

groups, the CDQ groups would make the

allocation requests on behalf of the

eligible community(ies) that is (are)

participating in the CDQ group.

Therefore, a CDQ group would have a

fiduciary responsibility to manage its

CDQ allocations, CDQ projects, and

assets in the best interests of the

participating CDQ community(ies).

A CDQ community would be

represented in a CDQ group in two

ways. First, each CDQ group’s Board of

Directors (Board) would be required to

have one voting member elected by his

or her community for each community

in the CDQ group. Second, the

managing organization (either the Board

or a managing group contracted by the

Board) would have to have a letter of

support from each participating

community before NMFS could award a

CDQ allocation to the CDQ group.

To assure that the CDQ group’s

business decisions represent the

interests of the CDQ community, the

community-elected board member

would vote on the Board in a way that

reflects the community’s wishes. During

the election of a Board member, the

CDQ community would have the

opportunity to review the activities of

its board member and its CDQ group,

and evaluate the board member’s

performance. Further, a CDQ

community could refuse to issue a letter

of support for the CDQ managing

organization for a proposed CDP and

join another CDQ group or form a new

CDQ group.

A CDQ group could manage the dayto-day business affairs of its CDP itself

through its Board or could choose to

contract with a managing organization.

If a CDQ group were to contract with a

managing organization, the CDQ group

would be responsible for overseeing the

managing organization’s activities and

would be held accountable by NMFS for

all the managing organization’s actions

related to CDP management.

CDQ Application Process

Under the proposed multispecies

CDQ program, the State would

announce a CDQ application period,

during which the CDQ groups would

submit proposed CDPs to the State. The

State would then hold a public hearing

at which the CDQ groups would present

their proposed CDPs and give the

affected public an opportunity to

comment. After the public hearing, the

State would develop recommendations

for the approval of proposed CDPs,

consult with the Council, and submit

the State’s recommendations to NMFS

for review and approval or disapproval.

The CDP would be submitted to

NMFS by October 7 to provide sufficient

time for NMFS to review the CDPs and

to approve final CDPs and their CDQ

allocations by December 31 of the

application year.

The Community Development Plan

The CDP would provide information

to the State and NMFS about the eligible

communities, the managing

organization, the CDQ projects, the

requested allocation of CDQ and PSQ

species, the harvesting and processing

partners, and how the CDQ group would

account for CDQ and PSQ catches by

these partners.

For each allocation request,

§ 679.30(a)(4) would require that the

CDP identify the primary target fisheries

by species and gear type, percentage of

the target species requested, and the

percentage of CDQ and PSQ species

needed as bycatch in these fisheries.

The fishing plan (part of the CDP)

described at § 679.30(a)(5) would be

used to obtain information about the

harvesting and processing partners in

the groundfish and halibut CDQ

fisheries. Specifically, the fishing plan

would be required to contain a list of

vessels and processors that the CDQ

group proposed to authorize to

participate in its groundfish and halibut

CDQ fisheries and information about

how the catch of CDQ and PSQ by these

vessels and processors would be

determined. The U.S. Coast Guard and

NMFS Enforcement would use the list

of eligible vessels and processors to

determine whether vessels or processors

were legally participating in the CDQ

fisheries.

A vessel or processor would be

required to be listed as an eligible vessel

in an approved CDP in order to harvest

or process groundfish or halibut CDQ

for a particular CDQ group. In addition

to this requirement, any vessel or

processor with special equipment

requirements such as certified scales to

weigh catch or an observer sampling

station also would be required to

undergo a vessel or plant inspection and

be permitted by NMFS to participate in

the CDQ fisheries. Vessels or processors

with no additional equipment

requirements would not be required to

be permitted by NMFS. They would be

eligible to participate in the CDQ

fisheries upon approval of a CDP in

which they were listed. More

information about vessel and processor

categories, equipment requirements,

vessel and plant inspections, and

permitting requirements are contained

in a later section.

The fishing plan also would specify

how the CDQ group intended to make

the estimates of CDQ and PSQ catch

required to be reported to NMFS on the

CDQ Catch Report. NMFS proposes to

require each CDQ group to commit to a

specific source of data and method for

determining the weight or numbers of

CDQ and PSQ catch by vessels fishing

under its CDP, to identify the method in

its CDP, and to amend the CDP before

changing the source of data or method.

CDQ groups would be prohibited from

using any source or method other than

that specified in the CDP and approved

by NMFS to report CDQ and PSQ catch

on the CDQ Catch Report.
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43875

Section 679.32(e)(3) sets forth NMFS’

standard data sources for verifying catch

estimates. If a CDQ group designates in

its CDQ application, in accordance with

the requirements of § 679.30(a)(5), the

standard data sources set forth at

§ 679.32(e)(3) (and, if a catcher vessel

using non-trawl gear, specifies whether

it will be discarding CDQ species at

sea), no specific approval by NMFS of

the use of the data sources or method

would be necessary. However, if the

CDQ group desires to use an alternative

procedure such as sorting and weighing

all catch by species on processor vessels

or using larger sample sizes than would

be required under § 679.32(e)(3), it

must, in accordance with the

requirements of § 679.30(a)(5), propose

the use of the specific alternatives it

wishes to use. The CDQ group would

have to demonstrate that space is

available on the processor vessel to

store, sort, and weigh the proposed

sample sizes and that additional

observers would be provided to

accomplish the increased sampling or

monitoring of sorting and weighing by

species. The group would also have to

demonstrate, and NMFS so find, that the

alternative will produce equivalent or

better estimates, that each haul, set or

pot on an observed vessel can be

sampled by an observer for species

composition, that, if catch is to be sorted

before it is weighed, the sorting and

weighing process will be monitored by

an observer, the observer will be

required to be on duty no more than 12

hours in each 24-hour period and will

be required to sample no more than 9

hours in each 24-hour period, and if the

vessel uses trawl gear, the observer will

be required to sample no more than 3

hauls in each 24-hour period. NMFS

will review any proposed alternative

and approve it in writing upon making

the requisite determinations. An

alternative can not be used unless

specifically approved by NMFS.

Alternatives to the requirement for a

certified scale or for an observer

sampling station will not be approved.

NMFS would require the CDQ groups

to commit to the source of information

and the procedures that would be used

to estimate CDQ and PSQ catch for

several reasons. First, discussion of the

specific catch accounting requirements

and the differences among the various

vessel and processor types would help

to identify and resolve conflicts prior to

the start of CDQ fishing. NMFS wants to

minimize the conflicts and decisions

that have to be addressed between the

harvesting and processing partners and

the CDQ observers after fish have been

harvested. Second, NMFS wants to

provide a means for vessels and

processors to suggest alternative catch

accounting methods that could improve

catch estimates or work better for a

particular vessel or plant. However, if

different methods would be used, NMFS

would need time to examine the

proposals and specify conditions

necessary to assure accurate CDQ catch

estimates and reasonable working

conditions for the CDQ observers.

Finally, determining how catch

estimates would be made in advance of

the fishery would improve observer

training.

Management of the Groundfish and

Halibut CDQ Fisheries

Closures

All closures for the BSAI listed in

§ 679.22(a) would apply to the CDQ

fisheries. As that section provides, the

CDQ fisheries are specifically exempted

from closure of the Catcher Vessel

Operational Area to catcher/processors.

Seasons

The provision for closure of all trawl

fisheries in the BSAI between January 1

and January 20 at § 679.23(c) would

remain in effect for the CDQ fisheries.

Transfers of CDQ Allocations or CDQ

Once a proposed CDP is approved by

NMFS and becomes effective, the

proposed multispecies CDQ program

would allow CDQ groups to transfer

CDQ allocations, CDQ, PSQ allocations,

and/or PSQ, from one to another, with

certain restrictions.

CDQ Allocation. Any amount of a

CDQ allocation could be transferred by

both groups filing substantial

amendments to their respective CDPs.

The proposed requirements for a

substantial amendment to a CDP appear

at § 679.30(g)(4). The transfer would

become valid on January 1 of the

calendar year following the approval of

the amendments, and the transfer would

be valid for the duration of the CDPs.

CDQ. CDQ could be transferred in two

different ways, and the transfer would

be effective only for the calendar year in

which the transfer occurs. First, 10

percent or less of a CDQ could be

transferred in a calendar year by a CDQ

group to another by using the technical

amendment process. The proposed

requirements for a technical amendment

to a CDP appear at § 679.30(g)(5).

Second, more than 10 percent of a CDQ

could be transferred through the

substantial amendment process.

PSQ allocations. A PSQ allocation

could be transferred by substantial

amendment, but the transfer would have

to be accompanied by a transfer of a

CDQ allocation. NMFS would accept

substantial amendments for the transfer

of PSQ allocations only during the

month of January. The transfer of a PSQ

allocation would be effective for the

duration of the CDPs.

PSQ. A PSQ allocation could be

transferred by substantial amendment,

but the transfer would have to be

accompanied by a transfer of a CDQ

allocation. NMFS would accept

substantial amendments for the transfer

of PSQ allocations only during the

month of January. The transfer of PSQ

would be effective only for the

remainder of the calendar year in which

the PSQ transfer occurs.

CDQ Non-Specific Reserve

Bycatch of some species is expected

to constrain the groundfish CDQ

fisheries and may even result in a CDQ

group reaching the CDQ or PSQ for a

bycatch species before it has harvested

all of its target species CDQ. Therefore,

NMFS proposes to create a non-specific

reserve within the CDQ program to

reduce the potential for the catch of

some groundfish species to limit overall

CDQ catch. CDQ species eligible to be

placed in the non-specific reserve are

low-valued species for which no target

fishery currently exists but for which

there is a sufficient buffer between the

TAC and ABC. A buffer between TAC

and ABC is required because use of the

non-specific reserve may result in

overall CDQ catches for a particular

species in excess of the 7.5 percent

allocation to the CDQ program. Only

squid, arrowtooth flounder, and ‘‘other

groundfish’’ meet the criteria for the

CDQ non-specific reserve.

Each year, 15 percent of each CDQ

group’s arrowtooth flounder, squid, and

‘‘other groundfish’’ CDQ would be

placed into a non-specific reserve for

each CDQ group. A CDQ group would

apply for a release from its CDQ nonspecific reserve to its squid, arrowtooth

flounder, or ‘‘other species’’ CDQ

through the technical amendment

process.

Prohibited Species Catch Management

The management of prohibited

species catch in the groundfish CDQ

fisheries would be modeled after the

requirements of the non-CDQ

groundfish fisheries. One exception

would be that halibut PSQ would not be

allocated between trawl and non-trawl

gear. This would give CDQ groups more

flexibility in their use of halibut PSQ.

Catches of herring, salmon, or crab PSQ

species by vessels fishing with nontrawl gear and catch of halibut PSQ by

vessels using pot gear would not accrue

to the respective PSQs. The only catch
43876 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

to accrue against the non-chinook

salmon PSQ would be catch of nonchinook salmon by vessels using trawl

gear from August 15 through October 14

in the Catcher Vessel Operational Area

as defined in existing § 679.2. The only

catch to accrue against the chinook

salmon PSQ would be catch of chinook

salmon by vessels using trawl gear from

January 1 through April 15.

Attainment of the herring, salmon,

and crab PSQs by a CDQ group would

result in the same time and area

closures required for the open access

fisheries in § 679.21. Specifically,

vessels fishing under a CDP would be

prohibited from:

1. Using trawl gear to harvest

groundfish CDQ in Zone 1 once the PSQ

for red king crab or C. bairdi Tanner

crab in Zone 1 is reached.

2. Using trawl gear to harvest

groundfish CDQ in Zone 2 once the PSQ

for C. bairdi Tanner crab in Zone 2 is

reached.

3. Using trawl gear to harvest

groundfish CDQ in Herring Savings

Areas (HSA) once the herring PSQ is

reached.

4. Using trawl gear to harvest

groundfish CDQ in the Chinook Salmon

Savings Area from January 1 through

April 15 once the chinook salmon PSQ

is reached.

5. Using trawl gear to harvest

groundfish CDQ in the Chum Salmon

Savings Area between September 1 and

October 14 once the non-chinook

salmon PSQ is reached.

The CDQ representative would be

responsible for monitoring the catch of

prohibited species by vessels fishing

under its CDP and for assuring that

vessels using trawl gear stop fishing in

the closed areas once the PSQ has been

reached.

Attainment of the halibut PSC limit in

the non-CDQ groundfish fisheries

triggers closure of groundfish fishery

categories to directed fishing. However,

no fishery categories or gear allocations

are proposed for halibut PSQ. Therefore,

the halibut PSQ would be treated the

same as groundfish or halibut CDQ. The

CDQ groups would be prohibited from

exceeding their halibut PSQ.

NMFS is proposing that catcher

vessels using trawl gear be required to

retain all salmon and herring PSQ and

deliver them to a processor where they

would be sorted and weighed on a

certified scale. Retention of salmon and

herring PSQ would eliminate the need

for the vessel operator or the CDQ

observer to estimate the weight or

numbers of at-sea discards, thereby

improving accounting for these PSQ

species. Unlike halibut and crab, salmon

and herring are believed to have 100

percent mortality when harvested with

trawl gear, so NMFS anticipates that no

additional mortality of these species

would result from the retention

requirement.

Section 679.21 would be amended to

allow the retention of herring and

salmon PSQ by catcher vessels using

trawl gear in the CDQ fisheries until the

PSQ is sorted and weighed on a certified

scale by a processor. The State would

have to change its regulations to allow

the retention and delivery of these

species to shoreside processing plants.

In order for the multispecies CDQ

regulations to reflect the State of

Alaska’s administration of the CDQ

program, all references to the Governor

of the State have been removed and the

‘‘State of Alaska’’ inserted in their

places.

In § 679.2, the definition of

‘‘Governor’’ is removed and a definition

of ‘‘State’’ is added.

Improved Retention/Improved

Utilization

Regulations governing the retention or

utilization of groundfish species in the

non-CDQ fisheries also would apply to

the groundfish CDQ fisheries.

Vessel Incentive Program

NMFS proposes that catch in the

groundfish CDQ program not be subject

to the Vessel Incentive Program (VIP)

regulations in § 679.21(f). CDQ groups

would receive individual allocations of

prohibited species catch allowances and

would be responsible for managing their

fisheries within these limits.

Recordkeeping and Reporting

Requirements for CDQ Groups

Each CDQ group would be

responsible for collecting and reporting

catch data for all vessels and processors

participating in its CDQ fisheries. This

would enable each group to directly

manage its CDQ fisheries and to be held

accountable for staying within CDQ and

PSQ allocations.

All vessels and processors

participating in the CDQ fisheries would

be required to continue to comply with

all other recordkeeping and reporting

requirements in § 679.5, such as

maintaining logbooks and preparing

weekly production reports. Among

other requirements, CDQ catch would

have to be reported separately from

other catch on these reports, along with

the CDQ group number.

The CDQ Check-In/Check-Out Report

The CDQ representative would be

required to submit a CDQ check-in/

check-out report to notify NMFS when

vessels participating in the CDQ

fisheries begin and stop CDQ fishing

throughout the year. The notification

also would help NMFS track whether

the appropriate CDQ catch reports were

being submitted.

A check-in report would be required

prior to the first CDQ fishing of the year

and any time during the year CDQ

fishing started again after a CDQ checkout report had been submitted. A CDQ

check-out report would be required

when any vessel switched between CDQ

and non-CDQ fishing, stopped CDQ

fishing for the remainder of the year, or

was removed as an eligible vessel from

a CDQ. The CDQ check-in/check-out

report is described at § 679.5(m).

The CDQ Catch Report

The CDQ group would submit a

weekly CDQ catch report for each vessel

fishing CDQ. NMFS would maintain a

record of the cumulative CDQ and PSQ

catch based on the information

submitted in the CDQ catch report. The

CDQ catch report is described at

§ 679.5(n). NMFS would monitor the

accuracy and completeness of the CDQ

catch reports by using information from

the CDQ check-in/check-out reports,

vessel and processor reports, and

observer data. NMFS would make an

independent estimate of CDQ and PSQ

catch for each CDQ group using the

catch accounting procedures agreed

upon in the CDP.

Attaining or Exceeding a CDQ or PSQ

CDQ and PSQ allocations would be

made to CDQ groups, not to individual

vessels or processors. Each CDQ group

would be responsible for preventing the

exceeding of CDQs and halibut PSQ and

for complying with time and area

closures triggered by attainment of the

salmon, herring, and crab PSQs.

Therefore, the CDQ group would be

primarily responsible for monitoring its

harvesting and processing partners to

account for all CDQ and PSQ and for

taking actions necessary to prevent

exceeding CDQs or halibut PSQs.

Although NMFS would monitor CDQ

fishing in season and provide

information to the CDQ groups, NMFS

would not prescribe specific actions to

avoid exceeding CDQ or PSQ.

Inseason monitoring of CDQ catches

would be based on the weekly CDQ

catch report submitted by the CDQ

representative. Also, NMFS would

estimate the CDQ and PSQ catches from

reports submitted by vessels and

processors, such as the ADF&G fish

tickets and processor’s weekly

production reports and by observers.

The official estimates of CDQ and PSQ

catch would be made once all observer
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43877

data was verified by NMFS and the CDQ

catch reports reviewed.

CDQ Catch Accounting Requirements

for Vessels and Processors

Proposed catch accounting

requirements including equipment,

observer coverage, and procedures for

estimating catch are discussed below by

vessel and processor type. Additional

information about the specific

requirements for certified scales to

weigh catch at sea, certified bins for

volumetric estimates, the observer

sampling station, and certified CDQ

observers are discussed in later sections.

Unobserved Catcher Vessels

Catcher vessels in the groundfish and

halibut CDQ fisheries that are less than

60 ft (18.3 m) LOA would not be

required to carry a CDQ observer. The

majority of unobserved vessels

participating in the current CDQ

fisheries are catcher vessels harvesting

halibut CDQ that are 32 ft (9.8 m) or less

LOA. In an analysis prepared for the

April, 1996 Council meeting, NMFS

estimated that, of the 127 catcher

vessels harvesting halibut CDQ in 1995,

120 were 32 ft (9.8 m) or less LOA, one

was between 33 ft (10.1 m) and 59 ft

(18.0 m) LOA, and six were between 60

ft (18.3 m) and 124 ft (37.8 m) LOA. In

the 1995 sablefish CDQ fisheries, one

catcher vessel was less than 60 ft (18.3

m) LOA and two were between 60 ft

(18.3 m) and 120 ft (36.6 m) LOA.

The catch accounting expectations of

the multispecies CDQ fishery would

require that the catch of all CDQ and

PSQ species by unobserved vessels be

counted against a CDQ or PSQ

allocation. However, it is difficult to

obtain accurate and reliable estimates of

the catch of species discarded at sea by

unobserved vessels.

NMFS proposes to require unobserved

vessels to retain all CDQ species and

deliver them to a processor where they

would be sorted and weighed on a

certified scale. Catcher vessels using

trawl gear would be required to retain

all salmon and herring PSQ and deliver

it to the processor. All catcher vessels

would be required to carefully release

halibut PSQ, record the estimated

weight of the halibut PSQ, and report

this on the ADF&G fish ticket and to the

CDQ representative.

NMFS considered requiring the use of

bycatch rate assumptions developed

from observer data on vessels in the

same target fishery and gear type as the

unobserved vessels. However, NMFS

decided not to propose this approach

because it would require estimation of

bycatch rates with very little observer

data, particularly for the halibut CDQ

fisheries, which make up the majority of

the unobserved vessels at this time.

NMFS also decided against proposing

that the CDQ groups provide for some

level of observer coverage on the

unobserved vessels because of safety

and cost concerns about deploying

observers on such small vessels and out

of remote communities.

Unobserved catcher vessels would not

have additional equipment

requirements that would necessitate a

vessel inspection. Therefore, they would

not require a CDQ permit. They would

be eligible to participate in the CDQ

fisheries as long as they were listed as

eligible vessels in an approved CDP.

Observed Catcher Vessels

All catcher vessels 60 ft (18.3 m) and

greater LOA would be required to have

at least one certified lead CDQ observer

(described in a later section) for all

groundfish and halibut CDQ fishing.

Observed Catcher Vessels Using Trawl

Gear

Operators of observed catcher vessels

using trawl gear would be required to

retain all groundfish CDQ and salmon

and herring PSQ and deliver it to a

processor where it would be sorted and

weighed on a certified scale. All halibut

and crab PSQ would be required to be

discarded at sea after the observer had

counted the halibut and crab PSQ and

taken length measurement of the

halibut.

NMFS is proposing that all groundfish

CDQ and salmon and herring PSQ be

retained and weighed at a processing

plant to eliminate the need for an

observer to estimate the weight or

numbers of at-sea discards. Without a

means to weigh a large quantity of catch

on the vessel, observers on board

catcher vessels using trawl gear cannot

make accurate estimates of at-sea

discards.

NMFS’ proposed standard sources for

estimating catch are the observer’s

estimate of halibut PSQ weight and crab

PSQ numbers and on ADF&G fish

tickets for the weight or numbers of

CDQ and PSQ species.

Vessel owners would be required to

provide space on the deck of the vessel

for the observer to sort and store catch

samples and a place from which to hang

the observer sampling scale. Catcher

vessels using trawl gear and retaining all

groundfish CDQ and salmon and herring

PSQ would not have additional

equipment requirements that would

necessitate a vessel inspection.

Therefore, they would not require a

CDQ permit. They would be eligible to

participate in the CDQ fisheries as long

as they were listed as eligible vessels in

an approved CDP.

Observed Catcher Vessels Using NonTrawl Gear

Observed catcher vessels using

longline, pot, and jig gear (non-trawl

gear) could select one of two options for

estimating groundfish and halibut CDQ.

The first option would be to retain all

groundfish and halibut CDQ (as is

required for observed catcher vessels

using trawl gear) and deliver it to a

processor with a certified scale. Catcher

vessels using this option would not be

required to have a CDQ permit. The

second option would allow groundfish

CDQ to be discarded at sea under the

same requirements applicable to

processor vessels using non-trawl gear

under this option. In this case, the

catcher vessel operator would have to

provide sufficient observer coverage to

sample all CDQ sets for species

composition and average weight. In

addition, the vessel would be required

to have an observer sampling station

with a motion-compensated sampling

scale so that observers could obtain

accurate average weight data on each

species in the catch (see discussion

below). Under this option, catcher

vessels using this option would be

required to have a CDQ permit and a

vessel inspection to check the sampling

station and scale.

In both cases, careful release of

halibut PSQ would be required and the

observer would estimate the weight of

halibut PSQ.

NMFS’ proposed standard sources

and procedures for verifying the catch

for vessels retaining all groundfish CDQ

are or would use the observer’s estimate

of halibut PSQ weight and the vessel

operators’ and processors’ reports of

weight or numbers of CDQ and PSQ

catch reported on ADF&G fish tickets.

NMFS’ proposed standard procedures

for estimating catch for vessels

discarding groundfish CDQ at sea would

use the observer’s estimate of the weight

of both groundfish CDQ and halibut

PSQ.

Catcher/Processors and Motherships

Regardless of their length, all catcher/

processors and motherships would be

required to have at least two certified

CDQ observers, one of whom must meet

the requirements of a lead CDQ observer

(see discussion below).

All catcher/processors and

motherships would be required to

provide special equipment for

estimating CDQ and PSQ catch. Any

vessel required to have a certified scale,

certified bins, or an observer sampling

station would have to be inspected and
43878 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

receive a special permit prior to being

permitted to participate in the CDQ

fisheries. Therefore, being listed as an

eligible vessel in an approved CDP

would not be sufficient for a catcher/

processor or mothership to fish CDQ.

The proposed inspection and the CDQ

permit requirements are described in a

later section.

Catcher/Processors Using Trawl Gear

and Motherships

Catcher/processors using trawl gear

and motherships would be required to

weigh all catch in the CDQ fisheries on

a scale certified by NMFS and to have

an observer sampling station. Proposed

regulations governing the certified

scales and the observer sampling station

are described in a later section.

NMFS’ proposed standard sources

and procedures for estimating catch for

these vessels are or would use the

observer’s report of total catch weight

from the certified scale and the

observer’s species composition sample

data.

Catcher/Processors Using Non-Trawl

Gear

Catcher/processors using longline,

pot, or jig gear would be required to

have an observer sampling station,

including a motion-compensated

platform scale. CDQ observers would

sample each set and determine species

composition and average weight for all

CDQ and PSQ species.

NMFS’ proposed standard sources for

estimating catch for these vessels are the

observer’s report of species composition

and average weight.

Shoreside Processors

Shoreside processors would be

required to sort all CDQ deliveries by

species or species group and weigh

them on a scale certified by the State.

PSQ species monitored by number

would be required to be counted. The

sorting and weighing of all CDQ and

PSQ would be required to be monitored

by a CDQ observer.

Shoreside processors would be

required to be listed in the CDP and to

have a valid CDQ permit to accept

deliveries of CDQ catch. The permit

would not be issued until NMFS had

determined that the CDQ catch could be

weighed on a certified scale and that an

observer could monitor the sorting and

weighing of all CDQ species.

Observer Sampling To Determine CDQ

and PSQ Catch Weight

Methods proposed by NMFS that

would be based on observer sampling to

estimate species composition of the

catch would use sample sizes and

procedures that NMFS believes an

observer could reasonably accomplish

in the time available to him or her under

the fishing and processing conditions on

a vessel. Observers would obtain the

largest sample sizes they can, given

time, equipment, available space, and

catch composition. NMFS is not

proposing to specify minimum sample

sizes necessary to obtain catch weight

estimates with specific statistical

qualities. The staff resources and data

necessary to develop sampling plans

appropriate for specific target fisheries

or specific vessels are not available at

this time. In addition, NMFS expects

that the minimum sample sizes required

to estimate the weight of infrequently

occurring species on a haul-by-haul

basis with a high level of confidence

would be too large to accommodate in

the space available on many vessels and

would require more than two observers

to sort and weigh. If NMFS develops

sampling plans or minimum sample

sizes for the groundfish fisheries as a

whole in the future, this information

could be added to the CDQ fishery

requirements at that time.

Separation of CDQ and Non-CDQ Catch

The need to account for all halibut,

groundfish TAC species, and prohibited

species under the groundfish and

halibut CDQ program necessitates the

separation of CDQ catch, IFQ catch, and

non-CDQ catch. NMFS must be able to

distinguish between CDQ and non-CDQ

fishing in order to know whether catch

accrues to a CDQ/PSQ or to IFQs or nonCDQ TACs and PSC limits. Therefore,

catcher vessels could land and deliver

CDQ and IFQ species together, but they

would be prohibited from catching and

delivering CDQ and non-CDQ catch

together. Catcher/processors would be

prohibited from mixing CDQ and nonCDQ catch in the same haul or set. In

addition, observed catcher vessels and

catcher/processors could not harvest

fish for more than one CDQ group or

from CDQ and IFQ in the same haul or

set. Observed catcher vessels could

harvest CDQ and IFQ fish in different

sets on the same trip if they had

sufficient quota to cover their catch of

all species.

On catcher/processors allowed to

retain both CDQ and non-CDQ catch

during the same trip, no CDQ catch or

processed product from CDQ catch

could be used as a basis species to

determine maximum retainable bycatch

amounts in the non-CDQ fisheries.

Equipment Requirements for Vessels

A new § 679.28 entitled ‘‘Equipment

and Operational Requirements for Catch

Weight Measurement’’ proposed in a

separate rulemaking would set forth the

requirements for certified scales to

weigh catch at sea and certified scales

in shoreside processing plants (62 FR

32564, June 16, 1997). This proposed

rule would modify that proposed rule

by adding requirements for observer

sampling stations to § 679.28 and

moving the requirements for certified

holding bins from subpart C to § 679.28.

Although these equipment and

operational requirements are proposed

only as part of the CDQ monitoring

program at this time, they may be

applied more widely in the future.

Certified Scales

All CDQ catch harvested by trawl

catcher/processors or delivered to

processor vessels or shoreside

processing plants would be required to

be weighed on a certified scale to obtain

the most accurate estimate of the weight

of each CDQ and PSQ species. Catch by

observed vessels using non-trawl gear

could be estimated by counting

individual species and applying an

average weight. Scales in shoreside

processing plants would be required to

be certified by the State of Alaska, as

they currently are required to be under

State law. Scales on catcher/processors

using trawl gear and motherships would

be certified under NMFS’ at-sea scale

certification program. More discussion

on the background and requirements of

the at-sea scale certification program

may be found in the preamble to the atsea scale certification proposed rule (62

FR 32564, June 16, 1997).

All trawl catcher/processors and

motherships would be required to

install a scale and have the scale

certified by a weights and measures

inspector authorized by the

Administrator, Alaska Region, NMFS

(Regional Administrator). All of the

catch would be required to be weighed

on the certified scale before it is sorted.

The weight of each species would be

determined by the observer’s species

composition sampling unless some

other method is approved by NMFS in

the CDP.

Purchase of a scale appropriate for

trawl processor vessels may cost

between $30,000 (hopper scales) and

$50,000 (belt-conveyor scales).

Installation costs will vary depending

on the type of scale selected, the

modifications necessary to

accommodate the scale, and changes in

the sorting and discarding operations. In

1994, the Council recommended that

NMFS require at-sea scales on processor

vessels in the BSAI pollock fisheries. A

draft EA/RIR/IRFA prepared for that

recommendation analyzed an

alternative to requiring certified scales
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43879

on all trawl processor vessels. NMFS

estimated that installation of an at-sea

scale could cost from $5,000 to $250,000

per vessel. A copy of this EA/RIR/IRFA

may be obtained from the Regional

Administrator (see ADDRESSES). The

installation of a scale also may reduce

the efficiency of the fish processing

factory, particularly if processing

equipment has to be relocated. Although

NMFS cannot estimate what these costs

may be, processor vessels that would

have to undergo significant

modifications to their vessels or forego

substantial processing efficiencies to

accommodate a scale probably would

choose not to participate in the CDQ

fisheries rather than incur these costs.

Observer Sampling Station

All processor vessels would be

required to have an observer sampling

station that includes a motioncompensated scale to improve the

accuracy of sample weights, a table, a

hose that supplies fresh or salt water,

and a specified minimum amount of

work space. Current observer sampling

scales do not compensate for vessel

motion and, therefore, are not providing

as accurate sample weights as could be

obtained with a motion-compensated

scale. In addition, many processor

vessels currently do not provide

working and storage space necessary for

observers to carry out their duties. The

observer sampling station is estimated

to cost between $8,000 and $14,000 per

vessel, the majority of which is due to

the motion-compensated platform scale

which could cost between $8,000 and

$12,000 each.

Certified Bins for Volumetric Estimates

The regulations governing the use of

certified holding bins for volumetric

estimates of total catch weight on

catcher/processors and motherships are

proposed to be moved from subpart C to

the new § 679.28(e). Although processor

vessels in the CDQ fisheries would be

allowed to use certified bins for

volumetric estimates of pollock CDQ

catch in 1998 only, requirements for

certified bins must remain in regulation

because NMFS allows processor vessels

in the non-CDQ pollock fisheries with

certified bins and two observers to use

only observer estimates, rather than the

NMFS blend system, to determine

pollock catch weight.

NMFS implemented regulations in a

final rule published on May 16, 1994

(59 FR 25346) requiring processor

vessels participating in the pollock CDQ

fisheries to have certified bins for

volumetric estimates. A more complete

description of how certified bins are

used by observers to make volumetric

estimates of total catch weight is

included in the preamble to the

proposed rule referenced above and in

the preamble to the then-proposed rule

for certified bins (58 FR 68386,

December 27, 1993).

The current certified bins regulations

include equipment and operational

requirements. The operator is required

to have each holding bin that would be

used for volumetric estimates measured,

marked, and certified by an

independent marine engineer or other

authorized individual. The operator also

is required to provide ‘‘visual access’’ to

the bins so that the observer can see the

level of fish throughout the bin from

outside the bin. In addition to the

certification requirements, operators

also must comply with operational

requirements such as notifying the

observer when fish would be added to

or removed from the bin, or not filling

the bin above the viewing port.

The following changes are proposed

for the new paragraph at § 679.28(e) on

certified bins:

(1) The paragraph would be

reorganized to separate specifications

and certification requirements from

operational requirements.

(2) Certification documents would be

required to be submitted to the Regional

Administrator (as would all equipment

certification requirements in § 679.28)

rather than to the NMFS Observer

Program Office as required under

current regulations.

(3) A new requirement that numerals

identifying the level of fish in the bins

be at least 4 cm high would be added

for bin certification documents dated 30

days after the effective date of the final

rule. Because the bin certification

requirements would be effective only for

1998 in the CDQ fisheries, NMFS does

not believe that vessel owners should be

required to modify numerals on

previously certified bins. However, any

bins certified for the first time or

recertified after the effective date of this

proposed rule would be required to

comply with this requirement.

(4) Clarification that marked

increments would not be required on

the wall in which the viewing port is

located unless they are needed to

determine the level of fish from another

viewing port.

(5) A specific list of information that

must be included in bin certification

documents submitted after the effective

date of this proposed rule would be

added. In the current regulations, the

bin certification documents must

include a description of the location of

bin marks, tables indicating bin volume

in cubic meters for each marked

increment and must be dated and signed

by the person preparing the documents.

This proposed rule would add the

vessel name, the date the bins were

measured and the marked increments

and numerals were witnessed, a

diagram of the location of the marked

increments, the location and

dimensions of each viewing port, and

instructions for determining the volume

of fish in each bin from the diagrams

and tables.

(6) A new requirement that

refrigerated seawater tanks could be

used for volumetric estimates only if all

other requirements of the paragraph

were met and no water had been added

to the bins before the observer made a

volumetric estimate.

(7) The requirement for a viewing port

or ports, through which the level of fish

inside the bin can be seen from outside

the bin, would be more clearly stated.

(8) The provision allowing bins to be

certified by ‘‘a qualified organization

that has been designated by the USCG

Commandant, or an authorized

representative thereof, for the purpose

of classing or examining commercial

fishing industry vessels under the

provisions of 46 CFR 28.76 would be

removed. NMFS believes that it is

sufficient to require that a registered

engineer perform bin certifications.

Equipment That Biases Observer

Samples

Estimates of the catch of CDQ and

PSQ would be based either on

processors’ reports of sorted and

weighed or counted catch or on the

observer’s species composition sample

data applied to total catch weight. In

either case, the use of equipment that

would remove or destroy fish before

they are counted, weighed, or sampled

would result in an inaccurate estimate

of CDQ or PSQ catch. In the shoreside

plants, these fish would not be sorted

and weighed or counted. On a vessel,

removal of these fish would bias the

observer’s sample. NMFS regulations

currently contain a prohibition at

§ 679.7(g)(2) against interfering with or

biasing the sampling procedure

employed by an observer, including

physical, mechanical, or other sorting or

discarding of catch before sampling.

Although no additional specificity is

being proposed at this time, NMFS

believes that the following equipment

biases observer samples if used to

transport fish prior to the time the fish

reaches the location where the observer

samples: Pumps that grind fish; grates,

small pipes, and hatches that prevent

larger fish from flowing through; and

incline belts operated at certain angles

or speeds so that some fish do not get

transported up the belt. NMFS may
43880 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

consider adding specific prohibitions

against the use of such equipment in the

future.

Permits for Vessels and Processors in

the CDQ Fisheries

The catch accounting requirements

for the groundfish and halibut CDQ

programs are different from those for the

non-CDQ fisheries because they require

the use of new equipment on vessels

and observer monitoring of sorting and

weighing of CDQ catch in shoreside

plants.

All shoreside processors and all

vessels required to have equipment such

as a certified scale to weigh catch or an

observer sampling station would be

required to obtain a permit from NMFS

to participate in the groundfish or

halibut CDQ fisheries. Prior to issuing

the CDQ permit, NMFS would inspect

each vessel and processing plant to

verify that the equipment required to

account for CDQ catch was present and

operational on the vessel and that

specific requirements for observer

sampling or sorting and weighing of

catch could be met.

NMFS’ experience with the certified

bin requirement in the pollock CDQ

fisheries is an important factor in

NMFS’ recommendation for pre-fishing

inspections. Problems with the certified

bins include improperly certified bins,

inability of observers to see into the

bins, unsafe access to the bins, and lack

of understanding about how to use the

bin certification documents. These

problems have caused conflicts between

vessel operators and the observers.

Communication difficulties and the fact

that many of the problems are only

identified once fish have been harvested

and the observer is unable to make a

volumetric estimate of total catch

weight have made it difficult to resolve

the problems quickly. Some of these

problems could have been identified

and resolved by a vessel inspection and

improved communication between the

CDQ participants and NMFS before

CDQ fishing started. Other problems are

operational in nature and cannot be

identified until a vessel is fishing. The

CDQ permit would be used only to

identify compliance with specific

equipment requirements prior to the

start of the CDQ fisheries. NMFS would

still have to rely on reports by observers

or authorized officers to enforce

operational violations.

Trawl catcher/processors and

motherships would be inspected to

verify that the observer sampling station

meets the requirements of § 679.28(d),

that the motion-compensated observer

sampling scale is operating properly,

and that observers can sample unsorted

catch after it has been weighed on a

certified scale.

Longline and pot catcher/processors

and catcher vessels would be inspected

to verify that the observer sampling

station meets the requirements of

§ 679.28(d) and that the motioncompensated observer sampling scale is

operating properly.

Shoreside processors would be

inspected to verify that an observer can

monitor the sorting and weighing of all

CDQ and PSQ catch on a scale certified

by the State of Alaska.

Vessel owners or processors would be

required to submit a permit application

to NMFS. Trawl catcher/processors and

mothership owners and shoreside

processors would be required to submit

a diagram and description of the vessel

or processing plant showing where CDQ

catch would be sorted and weighed on

a certified scale and the location of the

observer sampling station on vessels.

Trawl catcher/processors and

mothership owners also would be

required to submit a copy of the at-sea

scale inspection certificate. Longline or

pot catcher/processors or catcher vessels

would not be required to submit

supplemental information with the

permit application.

Upon receipt of the permit

application, NMFS would schedule a

vessel or plant inspection. NMFS would

not issue the permit until the vessel or

plant inspection had been conducted

and NMFS verified compliance with

specific equipment and catch

accounting requirements.

Permits would have to be renewed

each year. However, after the initial

inspection of a vessel or plant has been

conducted, NMFS could waive

requirements for inspections in future

years if the observers report no

problems with equipment or operational

requirements and if the annual scale

certification documents required for

vessels are received by NMFS.

Once permitted, a vessel or processor

could harvest or process CDQ fish for

any CDQ group during the year for

which it is permitted as long as it is

listed as an eligible vessel or processor

on the approved CDP for that CDQ

group.

Certified CDQ Observer

The multispecies groundfish CDQ

program would rely heavily on

information collected by observers to

determine the catch of CDQ and PSQ

species, thereby increasing the need for

accurate and timely observer data.

Observers would need additional

training and briefing to provide more indepth information about the additional

monitoring, equipment, and operational

requirements of the CDQ fisheries; how

to collect and transmit CDQ data; and

how to communicate questions or

problems to NMFS. Therefore, NMFS

proposes to create a new category of

observer called a NMFS-certified CDQ

observer, the requirements for which

would be added at § 679.50(h)(1)(i) (D)

and (E).

Two levels of CDQ observer are

proposed. The first level would be

called a ‘‘CDQ observer’’ and the second

level a ‘‘lead CDQ observer.’’ A person

would be required to have experience

observing in the CDQ fisheries in order

to be certified as a lead CDQ observer.

The CDQ observer level, with no

requirements for CDQ observing

experience, is necessary in order to

provide the experience in the CDQ

fisheries that is required to become a

lead CDQ observer.

Both the CDQ observer and the lead

CDQ observer would be required to have

the following qualifications to be

certified:

1. Receive the rating of 1 for

‘‘exceptional’’ or 2 for ‘‘meets

expectations’’ by NMFS for their most

recent deployment,

2. Have completed at least 60 days of

observer data collection as a certified

North Pacific groundfish observer on a

vessel using the same gear type as the

CDQ vessel that they will be deployed

on. In other words, CDQ observers

would be certified for specific gear

types.

3. Successfully complete a NMFSapproved CDQ observer training and/or

briefing. The additional training is

expected to take approximately 5 days.

In addition to these requirements, a

person certified as a ‘‘lead’’ CDQ

observer would be required to have

successfully completed at least 20 days

of observer data collection on a vessel

of any gear type participating in a CDQ

fishery.

At least one of the observers on each

catcher/processor, mothership, or

catcher vessel and in the onshore

processing plant would be required to

be a certified ‘‘lead’’ CDQ observer. All

CDQ observers on vessels would be

required to have at least 60 days of

experience collecting data on a vessel of

the same gear type as the CDQ vessel

they are deployed on.

Observer Coverage Requirements

Observer coverage requirements for

vessels and processors participating in

the groundfish and halibut CDQ

fisheries would be moved from subpart

C to subpart E with all other observer

coverage requirements. Catcher vessels

less than 60 ft (18.3 m) LOA would not

be required to carry an observer. All
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43881

catcher vessels 60 ft (18.3 m) LOA or

longer, including those catcher vessels

fishing halibut CDQ with groundfish

CDQ bycatch, would be required to

carry at least one certified lead CDQ

observer. Shoreside processing plants

would be required to have at least one

certified lead CDQ observer to monitor

the sorting and weighing of all CDQ

deliveries. Catcher/processors and

motherships would be required to have

two certified CDQ observers on board

during the CDQ fisheries, at least one of

whom would be required to be a

certified lead CDQ observer. Processors

purchasing halibut CDQ and no other

groundfish are not required by NMFS to

have Federal Processor permits and,

therefore, are not required to be

monitored by NMFS-certified observers.

Observer coverage requirements include

vessels fishing for halibut CDQ because

of the need to monitor the catch of all

CDQ and PSQ species in the catch.

This proposed rule also would amend

§ 679.50(a) to clarify that CDQ observer

coverage days for ‘‘30 percent coverage’’

vessels would not count towards the

required distribution of observer

coverage throughout the year in the nonCDQ fisheries as described in

§ 679.50(c)(1)(v) and (c)(1)(vii).

Catch Accounting During the Transition

Year

In 1998, processors in the pollock,

sablefish, and halibut CDQ fisheries

would continue to follow the catch

accounting regulations currently used,

although these regulations would be

moved to § 679.32(f). Processor vessels

in the pollock CDQ fishery would

continue to use volumetrics to estimate

pollock catch weight, however, pollock

CDQ catches would be required to be

reported to NMFS on the CDQ catch

report.

Fixed gear vessel operators in the

halibut and sablefish CDQ fisheries

would be allowed to continue to use

processed product weight and product

recovery rates to estimate the round

weight of retained catch and to report

their catch to the RAM Division under

the same regulations used for the

halibut and sablefish IFQ program. The

halibut and sablefish CDQ regulations

would be moved to § 679.32(g). Halibut

and fixed gear sablefish CDQ landings

would not be reported on the CDQ catch

report until 1999.

The Council recommended that

bycatch from the pollock, fixed gear

sablefish, or fixed gear halibut CDQ

fisheries not accrue against the CDQ

groups’ CDQ or PSQs in the transition

year. The only species that would

accrue to a CDQ in the pollock CDQ

fisheries would be pollock. Similarly,

only sablefish and halibut catch in the

fixed gear sablefish and halibut CDQ

fisheries would accrue against a CDQ.

Catch of all other species in these CDQ

fisheries would accrue to the respective

non-CDQ TACs and PSC limits.

Different requirements for the various

CDQ fisheries in 1998 require

definitions to distinguish among them.

In 1998, the multispecies CDQ fisheries

would not include pollock, fixed gear

sablefish, or halibut. Different CDQ

numbers would be assigned to each

CDQ group’s allocations of pollock,

sablefish, halibut, and multispecies

groundfish. Under the current

regulations, each vessel and processor is

required to maintain separate catch and

production records for fish harvested

under each CDQ number. In addition,

the CDQ representative would be

required to identify vessels fishing in

the pollock CDQ fisheries on the checkin and check-out reports. Check-in/

check-out reports are not proposed to be

required for the fixed gear halibut and

sablefish CDQ fisheries in 1998, because

they would still be operating under the

IFQ regulations.

The allowable amount of groundfish

bycatch that could be retained in the

pollock, fixed gear sablefish, and fixed

gear halibut CDQ fisheries would have

to comply with maximum retainable

bycatch amounts and fishery closures

for the non-CDQ TACs against which

this bycatch is accruing.

Equipment and operational

requirements proposed for the

multispecies CDQ program would not

apply to the pollock and fixed gear

sablefish and halibut CDQ fisheries in

1998. However, starting on January 1,

1999, the equipment and operational

requirements discussed in previous

sections would apply to all vessels and

processors in the multi-species

groundfish and halibut CDQ fisheries.

Classification

At this time, NMFS has not

determined that the amendment that

this rule would implement is consistent

with the national standards of the

Magnuson-Stevens Act and other

applicable laws. Section 304(a)(3) of the

Magnuson-Stevens Act requires NMFS

to approve, disapprove, or partially

approve an amendment submitted by

the Council within 30 days of the end

of the comment period for that

amendment. NMFS, in making that

determination, will take into account

the data, views, and comments received

during the comment period.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

An EA/RIR was prepared for this rule

that describes the management

background, the purpose and need for

action, the management action

alternatives, and the socio-economic

impacts of the alternatives. The EA/RIR

estimates the total number of small

entities affected by this action, and

analyzes the economic impact on those

small entities. Based on the economic

analysis in the EA/RIR, the Assistant

General Counsel for Legislation and

Regulation of the Department of

Commerce certified to the Chief Counsel

for Advocacy of the Small Business

Administration that this proposed rule,

if adopted, would not have a significant

economic impact on a substantial

number of small entities.

Although most fishing operations affected

by these regulations (1,896 fishing

operations—based on the total number of

moratorium qualifications issued to date) are

considered small entities, a substantial

number of these small entities would not

experience impacts of the type contemplated

by the RFA as ‘‘significant.’’ In fact, it is

estimated that 2,962 fishing operations

would qualify under the LLP, 1,066 more

fishing operations than are currently licensed

to operate. This number of fishing operations

also exceeds the average number of fishing

operations from 1988–1995 (1,956 fishing

operations) and the fishing operations in the

year of the highest participation (1992—2,285

fishing operations). Some vessels that are

currently participating under the moratorium

on entry might not qualify under the LLP

because of insufficient participation during

the endorsement qualification period (1992–

1995). However, given the relatively easy

qualification requirements (i.e., one landing

in each of any 2 calendar years 1/1/92–6/17/

95 at most, in some cases only a single

landing during that period), this number is

anticipated to be below the 20 percent

threshold. Furthermore, most vessels that

would not qualify for a license under the LLP

would be small vessels that are either exempt

from the LLP because of their size (i.e., equal

to or less than 32 ft in the Bering Sea and

Aleutian Islands Area or equal to or less than

26 ft in the Gulf of Alaska), or vessels that

primarily participated in state waters and

only had minimal participation in the EEZ

off Alaska (i.e., landings that amounted to

less than 5 percent of their gross catch). In

the case of the former, there would be no

impact, significant or otherwise, because

these vessels would be able to continue their

participation through the exemption

provided in the
43882 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

LLP. In the case of the latter, the impact

would not rise to significance under the RFA

because the vessels primarily participated in

state waters, which would be unaffected by

the LLP.

While the CDQ allocations certainly

provide significant benefits to the recipient

groups and communities, and at the same

time impose additional reporting and

administrative requirements, the six CDQ

organizations likely would not be classified

as ‘‘small entities’’ under the auspices of the

RFA, nor would they, in total, comprise a

‘‘substantial’’ number of entities (large or

small) operating in the fisheries off Alaska.

The associated 7.5 percent reduction in

overall quota available to the remaining

fishing fleet (which includes a substantial

number of small entities) is not expected to

result in a direct 7.5 percent reduction in

catch, for example, by any individual small

fishing operation. As noted previously, the

7.5 percent allocation is far less than the

percentage of fish currently discarded in the

collective groundfish fisheries. Council

programs, which mandate retention and

utilization of groundfish species beginning in

1998, are estimated to more than make up for

the 7.5 percent quota reduction, in terms of

overall fish available for both small and large

fishing operations. It is also true that the

gross income for individual, small fishing

operations is less dependent on overall

quotas available than it is on other factors

such as, relative fish prices across species,

unpredictable weather patterns, timing and

magnitude of alternative fishing

opportunities such as salmon, and other

business decisions made independent of the

overall TAC levels for groundfish.

As a result, a regulatory flexibility

analysis was not prepared. Copies of the

EA/RIR can be obtained from NMFS (see

ADDRESSES).

This proposed rule contains new

collection-of-information requirements

subject to the Paperwork Reduction Act

(PRA). These collection of information

has been submitted to OMB for

approval. The new information

requirements consist of: Preparation of

5,000 initial applications over the life of

the LLP requiring an estimated time of

2 hours each to complete for a total of

10,000 hours; preparation of 500

transfer applications per year requiring

an estimated time of 1 hour each to

complete for a total of 500 hours per

year; preparation of six proposed CDPs

requiring an estimated time of 500 hours

to complete for an average of 1,000

hours per year; preparation of six

annual reports requiring an estimated

time of 40 hours to complete for a total

of 240 hours per year; preparation of six

annual budget reports requiring an

estimated time of 20 hours to complete

for a total of 120 hours per year;

preparation of six annual budget

reconciliation reports requiring an

estimated time of 8 hours to complete

for a total of 48 hours per year;

preparation of 48 substantial

amendments requiring an estimated

time of 8 hours to complete for a total

of 384 hours per year; preparation of 60

technical amendments requiring an

estimated time of 4 hours to complete

for a total of 240 hours per year;

preparation of 56 CDQ permit

applications requiring an estimated time

of 2 hours to complete for a total of 112

hours; preparation of 1,560 CDQ checkin/check-out reports requiring an

estimated time of 10 minutes to

complete for a total of 260 hours;

preparation of 144 CDQ catch reports

requiring an estimated time of 2 hours

to complete for a total of 288 hours per

year, preparation of 75 prior notices of

offloading requiring an estimated 2

minutes to complete for a total of 2.5

hours per year; and printing and

retention of 725 scale printouts by

shoreside processors requiring an

estimated time of 10 minutes to

complete for a total of 121 hours per

year, and reporting of at-sea discards on

650 ADF&G fish tickets by unobserved

catcher vessels requiring an estimated

time of 20 minutes to complete for a

total of 217 hours per year. For 1998

only, information requirements consist

of bin certifications requiring an

estimated time of 8 hours to complete

for a total of 0 hours for 1998; changes

to the list of CDQ halibut/sablefish

cardholders requiring an estimated time

of 0.5 hours to complete for a total of 3.5

hours for 1998; and changes to CDP lists

of vessels for halibut/sablefish requiring

an estimated time of 1 hour for a total

of 14 hours for 1998.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with a collection of information, subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB control number.

Public comment is sought regarding:

Whether this proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information has practical utility; the

accuracy of the burden estimate; ways to

enhance the quality, utility, and clarity

of the information to be collected; and

ways to minimize the burden of the

collection of information, including

through the use of automated collection

techniques or other forms of information

technology. Send comments regarding

burden estimates or any other aspect of

the data requirements, including

suggestions for reducing burdens, to

NMFS (see ADDRESSES) and to the Office

of Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 (ATTN: NOAA

Desk Officer).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: August 6, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set out in the preamble,

50 CFR part 679 is proposed to be

amended to read as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

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

seq., and 3631 et seq.

2. In § 679.1, paragraph (e) is revised

and paragraph (j) is added to read as

follows:

§ 679.1 Purpose and scope.

* * * * *

(e) Western Alaska CDQ Program. The

goals and purpose of the CDQ program

are to allocate CDQ to eligible Western

Alaska communities to provide the

means for starting or supporting

commercial fisheries business activities

that will result in an ongoing,

regionally-based, fisheries-related

economy.

* * * * *

(j) License Limitation Program. (1)

Regulations in this part implement the

license limitation program for the

commercial groundfish fisheries in the

EEZ off Alaska and for the commercial

crab fisheries for the Bering Sea and

Aleutian Islands in the EEZ off Alaska.

(2) Regulations in this part govern the

commercial fishing for license

limitation groundfish by vessels of the

United States using authorized gear

within that portion of the Gulf of Alaska

and the Bering Sea and Aleutian Islands

management area over which the United

States exercises exclusive fishery

management authority and the

commercial fishing for crab species by

vessels of the United States using

authorized gear within that portion of

the Bering Sea and Aleutian Islands

management area over which the United
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43883

States exercises exclusive fishery

management authority. 3. In § 679.2, the definition for

‘‘Governor’’ is removed; the definitions

for ‘‘Community Development Plan

(CDP)’’, ‘‘Community Development

Quota (CDQ)’’, ‘‘Legal Landing’’,

‘‘Maximum LOA’’, ‘‘Person’’,

‘‘Processing or to process’’, ‘‘Qualified

Applicant’’, ‘‘Qualified Person’’, and

‘‘Resident Fisherman’’ are revised; and

definitions for ‘‘Area Endorsement’’,

‘‘Area/Species Endorsement’’, ‘‘Catcher/

Processor Vessel Designation’’, ‘‘Catcher

Vessel Designation’’, ‘‘CDQ Allocation’’,

‘‘CDQ Fishing’’, ‘‘CDQ Group’’, ‘‘CDQ

Number’’, ‘‘CDQ Project’’, ‘‘CDQ

Representative’’, ‘‘CDQ Species’’, ‘‘Crab

Species’’, ‘‘Crab Species License’’,

paragraph (3) for ‘‘Directed Fishing’’,

‘‘Eligible Applicant’’, ‘‘Eligible

Community’’, ‘‘Groundfish License’’,

‘‘License Holder’’, ‘‘License Limitation

Groundfish’’, ‘‘Managing Organization’’,

‘‘Prohibited Species Quota’’, ‘‘PSQ

Allocation’’, ‘‘PSQ Species’’, ‘‘State’’,

and ‘‘Vessel Length Category’’ are added

in alphabetical order to read as follows:

§ 679.2 Definitions.

Area endorsement means the

designation(s) on a license that

authorizes a license holder to conduct

directed fishing for license limitation

groundfish in the designated area(s),

subarea(s), or district(s). Area

endorsements, which are inclusive of,

but not necessarily the same as,

management areas, subareas, or districts

defined in this part, are as follows: (1) Aleutian Islands area

endorsement. Authorizes the license

holder to conduct directed fishing for

license limitation groundfish in the

Aleutian Islands Subarea;

(2) Bering Sea area endorsement.

Authorizes the license holder to

conduct directed fishing for license

limitation groundfish in the Bering Sea

Subarea;

(3) Central Gulf area endorsement.

Authorizes the license holder to

conduct directed fishing for license

limitation groundfish in the Central

Area of the Gulf of Alaska and the West

Yakutat District;

(4) Southeast Outside area

endorsement. Authorizes the license

holder to conduct directed fishing for

license limitation groundfish in the

Southeast Outside District; and

(5) Western Gulf area endorsement.

Authorizes the license holder to

conduct directed fishing for license

limitation groundfish in the Western

Area of the Gulf of Alaska.

Area/species endorsement means the

designation(s) on a license that

authorizes a license holder to conduct

directed fishing for the designated crab

species in Federal waters in the

designated area(s). Area/species

endorsements for crab species licenses

are as follows:

(1) Adak brown king in waters with

an eastern boundary of 171° W. long., a

western boundary of the U.S.-Russian

Convention Line of 1867, and a northern

boundary of 55°30′ N. lat.

(2) Adak red king in waters with an

eastern boundary of 171° W. long., a

western boundary of the U.S.-Russian

Convention Line of 1867, and a northern

boundary of 55°30′ N. lat.

(3) Bristol Bay red king in waters with

a northern boundary of 58° 39′ N. lat.,

a southern boundary of 54° 36′ N. lat.,

and a western boundary of 168° W. long.

and including all waters of Bristol Bay. (4) BS/AI C. opilio and C. bairdi in

Pacific Ocean waters with a northern

boundary of 58° 52′ N. lat., and an

eastern boundary of 148° 50′ W. long

and all Bering Sea and Pacific Ocean

waters east of the U.S.-Russian

Convention Line of 1867, excluding: (i) Pacific Ocean waters with a

northern boundary of 58° 52′ N. lat., an

eastern boundary of 148° 50′ W. long.,

and a western boundary of 157° 27′ W.

long. (ii) Pacific Ocean waters with an

eastern boundary line from the

southernmost tip of Kupreanof Point to

the easternmost tip of Castle Rock and

extending southeast (135°) from that

easternmost point, and a western

boundary line extending south (180°)

from Scotch Cap Light. (iii) Pacific Ocean waters with a

western boundary line from the

southernmost tip of Kupreanof Point to

the easternmost tip of Castle Rock and

extending southeast (135°) from that

easternmost point, and an eastern

boundary line of the longitude of the

easternmost tip of Cape Kumlik. (5) Dutch Harbor brown king in

waters with a northern boundary of 54°

36′ N. lat., an eastern boundary of the

longitude of Scotch Cap Light, and a

western boundary of 171° W. long.,

excluding the waters with a southern

boundary line from 54° 36′ N. lat., 168°

W. long., to 54° 36′ N. lat., 171° W.

long., to 55° 30′ N. lat., 171° W. long.,

to 55° 30′ N. lat., 173° 30′ E. lat., a

northern boundary of 68° 21′ N. lat., an

eastern boundary line from 54° 36′ N.

lat., 168° W. long., to 58° 39′ N. lat.,

168° W. long., to 59° 39′ N. lat., and a

western boundary of the U.S.-Russian

Convention line of 1867.

(6) Norton Sound red king and Norton

Sound blue king in waters with a

western boundary of 168° W. long., a

southern boundary of 61° 49′ N. lat., and

a northern boundary of 65° 36′ N. lat.

(7) Pribilof red king and Pribilof blue

king in waters with a northern boundary

of 58° 39′ N. lat., an eastern boundary

of 168° W. long., a southern boundary

line from 54° 36′ N. lat., 168° W. long.,

to 54° 36′ N. lat., 171° W. long., to 55°

30′ N. lat., 171° W. long., to 55° 30′ N.

lat., 173° 30′ E. lat., and a western

boundary of the U.S.-Russian

Convention line of 1867.

(8) St. Matthew blue king in waters

with a northern boundary of 61° 49′ N.

lat., a southern boundary of 58° 39′ N.

lat., and a western boundary of the U.S.-

Russian Convention line of 1867.

Catcher/processor vessel designation

means a license designation that

authorizes a license holder:

(1) To conduct directed fishing for

license limitation groundfish and/or

process license limitation groundfish on

a vessel; or

(2) To conduct directed fishing for

crab species and/or process crab species

on a vessel.

Catcher vessel designation means a

license designation that authorizes a

license holder:

(1) To conduct directed fishing for,

but not process, license limitation

groundfish on a vessel; or

(2) To conduct directed fishing for,

but not process, crab species on a vessel.

Community Development Plan (CDP)

means a business plan for the economic

and social development of a specific

Western Alaska community or group of

communities under the CDQ program at

§ 679.30.

Community Development Quota

(CDQ) means the annual amount of a

particular CDQ species, in metric tons

or numbers of animals, that a CDQ

group is permitted to catch based on a

CDQ allocation that has been requested

in a proposed CDP and approved by

NMFS.

CDQ allocation means a percentage of

a CDQ reserve, defined at § 679.31,

which is assigned to a CDQ group when

NMFS approves a proposed CDP.

CDQ fishing means fishing for any

CDQ or PSQ species.

CDQ group means a qualified

applicant with an effective CDP.

CDQ number means a number

assigned to the CDQ group by NMFS

that is to be used on all reports

submitted by the CDQ group.

CDQ project means any program that

is funded by a CDQ group’s assets for

the economic or social development of

a community or group of communities

that are participating in a CDQ group,

including but not limited to,

infrastructure development, CDQ

investments, employment and training

programs, and CDP administration.

CDQ representative means the

individual who is the official contact for
43884 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

NMFS regarding all matters relating to

a CDQ group’s activities.

CDQ species means any species or

species group that has been assigned to

a CDQ reserve as specified at

§ 679.31(b)–(f).

Crab species means all crab species

covered by the Fishery Management

Plan for the Commercial King and

Tanner Crab Fisheries in the Bering Sea/

Aleutian Islands, including, but not

limited to, red king crab (Paralithodes

camtschatica), blue king crab

(Paralithodes platypus), brown or

golden king crab (Lithodes aequispina),

scarlet or deep sea king crab (Lithodes

couesi), Tanner or bairdi crab

(Chionoecetes bairdi), opilio or snow

crab (Chionoecetes opilio), grooved

Tanner crab (Chionoecetes tanneri), and

triangle Tanner crab (Chionoecetes

angulatus).

Crab species license means a license

issued by NMFS that authorizes the

vessel designated on the license to

conduct directed fishing for crab

species.

Directed fishing means:

* * * * *

(3) With respect to license limitation

groundfish species, directed fishing as

defined in paragraph (1) of this

definition, or, with respect to license

limitation crab species, the catching and

retaining of any license limitation crab

species.

Eligible applicant means:

(1) A qualified person who owned a

vessel on June 17, 1995, that made legal

landings of license limitation

groundfish or crab species in the

appropriate areas during the qualifying

periods specified in § 679.4(i) (4) and

(5), unless the fishing history of that

vessel was transferred in conformance

with the provisions in paragraph (2) of

this definition; or

(2) A qualified person to whom the

fishing history of a vessel that made

legal landings of license limitation

groundfish or crab species in the

appropriate areas during the qualifying

periods specified in § 679.4(i) (4) and (5)

has been transferred by the express

terms of a written contract that clearly

and unambiguously provides that the

qualifications for a license under the

LLP have been transferred.

(3) Notwithstanding the provisions of

paragraphs (1) and (2) of this definition,

for purposes of eligibility for an area/

species endorsement specified at

§ 679.4(i)(5)(ii)(H), an eligible applicant

also includes (i) an individual who held

a State of Alaska permit for the Norton

Sound king crab summer fishery in 1993

and 1994, and who made at least one

landing of red or blue king crab in the

appropriate area during the period

specified in § 679.4(i)(5)(ii)(H), or (ii) a

corporation that owned or leased a

vessel on June 17, 1995, that made at

least one landing of red or blue king

crab in the appropriate area during the

period in § 679.4(i)(5)(ii)(H), and that

was operated by an individual who was

an employee or a temporary contractor;

Eligible community means a

community:

(1) That is located within 50 nm from

the baseline from which the breadth of

the territorial sea is measured along the

Bering Sea coast from the Bering Strait

to the most western of the Aleutian

Islands, or on an island within the

Bering Sea. A community is not eligible

if it is located on the GOA coast of the

North Pacific Ocean, even if it is within

50 nm of the baseline of the Bering Sea.

(2) That is certified by the Secretary

of the Interior pursuant to the Native

Claims Settlement Act (Pub. L. 92–203)

to be a native village.

(3) Whose residents conduct more

than half of their current commercial or

subsistence fishing effort in the waters

of the BSAI.

(4) That has not previously developed

harvesting or processing capability

sufficient to support substantial

groundfish fisheries participation in the

BSAI, unless the community can show

that benefits from an approved CDP

would be the only way to realize a

return from previous investments. The

community of Unalaska is excluded

under this provision.

Groundfish license means a license

issued by NMFS that authorizes a vessel

to conduct directed fishing for license

limitation groundfish.

Legal landing means a landing in

compliance with Federal and state

commercial fishing regulations in effect

at the time of landing.

License holder means the person who

received a groundfish or crab species

license by initial issuance or transfer, or

the individual designated to use that

license to conduct directed fishing for

license limitation groundfish or crab

species by the person who received a

groundfish or crab species license by

initial issuance or transfer.

License limitation groundfish means

target species and the ‘‘other species’’

category, specified annually pursuant to

§ 679.20(a)(2), except that demersal

shelf rockfish east of 140° W. longitude

and sablefish managed under the IFQ

program are not considered license

limitation groundfish.

Managing organization means the

organization responsible for managing

all or part of a CDP.

Maximum LOA (MLOA) means:

(1) (Applicable through December 31,

1998) with respect to a vessel’s

eligibility for a moratorium permit:

(i) Except for a vessel under

reconstruction on June 24, 1992, if the

original qualifying LOA is less than 125

ft (38.1 m) LOA, 1.2 times the original

qualifying LOA or 125 ft (38.1 m),

whichever is less.

(ii) Except for a vessel under

reconstruction on June 24, 1992, if the

original qualifying LOA is equal to or

greater than 125 ft (38.1 m), the original

qualifying LOA.

(iii) For an original qualifying vessel

under reconstruction on June 24, 1992,

the LOA on the date reconstruction was

completed, provided that maximum

LOA is certified under § 679.4(c)(9).

(2) With respect to the license

limitation program, 1.2 times the LOA

of the vessel on June 24, 1992, or if the

vessel was under reconstruction on June

24, 1992, 1.2 times the LOA of the

vessel on the date reconstruction was

completed, except that the maximum

LOA of a vessel cannot exceed:

(i) 59 ft (18.0 m) LOA, if the LOA of

the vessel on June 17, 1995, or on the

date reconstruction was completed, was

less than 60 ft (18.3 m);

(ii) 124 ft (37.8 m) LOA, if the LOA

of the vessel on June 17, 1995, or on the

date reconstruction was completed, was

less than 125 ft (38.1 m); or

(iii) The LOA of the vessel on June 17,

1995, or on the date reconstruction was

completed, if that LOA was 125 ft (38.1

m) or greater.

Person means:

(1) For purposes of IFQ species and

the CDQ program, any individual who

is a citizen of the United States or any

corporation, partnership, association, or

other entity (or its successor-in-interest),

regardless of whether organized or

existing under the laws of any state,

who is a U.S. citizen.

(2) (Applicable through December 31,

1998). For the purposes of the

moratorium, any individual who is a

citizen of the United States or any U.S.

corporation, partnership, association, or

other entity (or their successor-ininterest), whether or not organized or

existing under the laws of any state.

Processing, or to process, means the

preparation of, or to prepare, fish or crab

to render it suitable for human

consumption, industrial uses, or longterm storage, including but limited to

cooking, canning, smoking, salting,

drying, freezing, or rendering into meal

or oil, but does not mean icing,

bleeding, heading, or gutting.

Prohibited species quota (PSQ) means

the annual amount of a prohibited

species listed in § 679.21(b)(1), in metric

tons or numbers, that a CDQ group is
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43885

permitted to catch based on an

allocation of that species which has

been approved by NMFS.

PSQ allocation means a percentage of

a PSQ reserve specified pursuant to

§ 679.31(g) that is assigned to a CDQ

group when NMFS approves a proposed

CDP.

PSQ species means any species that

has been assigned to a PSQ reserve as

specified at § 679.31(g) for purposes of

the CDQ program.

Qualified applicant means, for the

purposes of the CDQ program:

(1) A local fishermen’s organization

that represents an eligible community,

or group of eligible communities, that is

incorporated under the laws of the State

of Alaska, or under Federal law, and

whose board of directors is composed of

at least 75 percent resident fishermen of

the community (or group of

communities); or

(2) A local economic development

organization that represents an eligible

community or group of communities,

and that is incorporated under the laws

of the State of Alaska, or under Federal

law, specifically for the purpose of

designing and implementing a CDP, and

that has a board of directors composed

of at least 75 percent resident fishermen

of the community (or group of

communities).

Qualified person means:

(1) With respect to the IFQ program,

see IFQ Management Measures at

§ 679.40(a)(2).

(2) With respect to the license

limitation program, a person who was

eligible on June 17, 1995, to document

a fishing vessel under Chapter 121, Title

46, U.S.C.

Resident fisherman means an

individual with documented

commercial or subsistence fishing

activity who maintains a mailing

address and permanent domicile in the

community and is eligible to receive an

Alaska Permanent Fund dividend at that

address.

State means the State of Alaska.

Vessel length category means the

length category designated on a license

based on the MLOA of the vessel.

4. In § 679.4, paragraph (e) is revised

and paragraphs (a)(6) and (i) are added

to read as follows:

§ 679.4 Permits.

(a) * * *

(6) Harvesting privilege. Quota shares,

permits, or licenses issued pursuant to

this part are neither an absolute right to

the resource nor any interest that is

subject to the ‘‘takings’’ provision of the

Fifth Amendment to the U.S.

Constitution. Rather, such quota shares,

permits, or licenses represent only a

harvesting privilege that may be revoked

or amended subject to the requirements

of the Magnuson-Stevens Act and other

applicable law.

* * * * *

(e) CDQ permit—(1) Applicability.

This paragraph applies to vessels or

processors required in § 679.32 to obtain

a CDQ permit prior to harvesting or

taking deliveries of CDQ catch.

(2) Application for a permit. A

complete application for a CDQ permit

must include the following:

(i) The name and signature of the

person submitting the application and

the date the application was signed.

(ii) The year for which the CDQ

permit is requested.

(iii) Whether the vessel or processor

has received a CDQ permit before and,

if so, the most recent year.

(iv) The vessel or processor name.

(v) The Federal fishery or processor

permit number.

(vi) The street address, mailing

address, telephone number, and fax

number of the person submitting the

application.

(vii) And for the following types of

vessels or processors:

(A) Trawl catcher/processors and

motherships.

(1) A diagram drawn to scale showing

the location(s) where all CDQ and PSQ

will be weighed on a certified scale, the

location where observers will sample

unsorted catch, and the location of the

observer sampling station as described

at § 679.28(d), including the observer

sampling scale.

(2) The name of the manufacturer and

model of the motion-compensated

observer sampling scale.

(3) A copy of the most recent at-sea

scale inspection certificate.

(B) Shoreside processing plants. A

diagram drawn to scale showing the

location(s) where all CDQ and PSQ will

be sorted and weighed on a scale

certified by the State of Alaska.

(C) Longline and pot catcher/

processors and catcher vessels. The

name of manufacturer and model of the

motion-compensated observer sampling

scale.

(3) Issuance of permit. A CDQ permit

will be issued to the applicant when the

following requirements are met:

(i) The Regional Administrator

receives a completed CDQ permit

application.

(ii) NMFS completes an inspection of

the vessel or processor and verifies that

the following requirements are met.

(A) The scale(s) on trawl catcher/

processors or motherships to weigh

CDQ catch have been certified by an

authorized weights and measures

agency within twelve months of the date

of inspection.

(B) The scale on a trawl catcher/

processor or mothership is located so

that an observer can sample unsorted

catch after it has been weighed on the

scale.

(C) The observer sampling station on

a vessel meets the requirements of

§ 679.28(d).

(D) The scale or scales in a shoreside

processing plant meet the requirements

of § 679.28(c) and the CDQ observer can

monitor the sorting and weighing of all

CDQ species.

(4) Duration. CDQ permits are

effective the calendar year requested by

the applicant. Issuance of a CDQ permit

means that the vessel or processor

complied with the requirements in

paragraph (e)(3) of this section on the

date the vessel or processor was

inspected. Once permitted, vessel and

processor owners and operators also are

responsible for complying with all

equipment and operational

requirements in § 679.28 and § 679.32.

* * * * *

(i) Licenses for license limitation

groundfish or crab species—(1) General

requirements. (i) In addition to the

permit and licensing requirements

prescribed in this part, and except as

provided in paragraph (i)(2) of this

section, each vessel within that portion

of the Gulf of Alaska and the Bering Sea

and Aleutian Islands management area

over which the United States exercises

exclusive fishery management authority

must have a groundfish license on board

at all times it is engaged in fishing

activities defined in § 679.2 as directed

fishing for license limitation groundfish.

This groundfish license, issued by

NMFS to a qualified person, authorizes

a license holder to conduct directed

fishing for license limitation groundfish

only in the specific area(s) designated

on the license and may only be used on

a vessel that complies with the vessel

designation and vessel length category

specified on the license.

(ii) In addition to the permit and

licensing requirements prescribed in

this part, and except as provided in

paragraph (i)(2) of this section, each

vessel within that portion of the Bering

Sea and Aleutian Islands area over

which the United States exercises

exclusive fishery management authority

must have a crab species license on

board at all times it is engaged in fishing

activities defined in § 679.2 as directed

fishing for crab species. This crab

species license, issued by NMFS to a

qualified person, authorizes a license

holder to conduct directed fishing for

crab species only for the specific species
43886 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

and in the specific area(s) designated on

the license, and may only be used on a

vessel that complies with the vessel

designation and vessel length category

specified on the license.

(2) Exempt vessels. Notwithstanding

the requirements of paragraph (i)(1) of

this section,

(i) A catcher vessel or catcher/

processor vessel that does not exceed 26

ft (7.9 m) LOA may conduct directed

fishing for license limitation groundfish

in the Gulf of Alaska without a

groundfish license;

(ii) A catcher vessel or catcher/

processor vessel that does not exceed 32

ft (9.8 m) LOA may conduct directed

fishing for crab species in the Bering Sea

and Aleutian Islands management area

and also may conduct directed fishing

for license limitation groundfish in the

Bering Sea and Aleutian Islands

management area without a groundfish

or crab species license;

(iii) A catcher vessel or catcher/

processor vessel that does not exceed 60

ft (18.3 m) LOA may use a maximum of

5 jig machines, one line per jig machine,

and a maximum of 15 hooks per line, to

conduct directed fishing for license

limitation groundfish in the Bering Sea

and Aleutian Islands management area

without a groundfish license; or

(iv) A catcher vessel or catcher/

processor vessel that does not exceed

125 ft (38.1 m) LOA, and that was, after

November 18, 1992, specifically

constructed for and used exclusively in

accordance with a CDQ approved by the

Secretary of Commerce under subpart C

of this part, and is designed and

equipped to meet specific needs that are

described in the CDQ.

(3) Vessel designations and vessel

length categories—(i) General. A license

can be used only on a vessel that

complies with the vessel designation

specified on the license and that has an

LOA less than or equal to the MLOA

specified on the license.

(ii) Vessel designations—(A) Catcher

vessel. A license will be assigned the

vessel designation of catcher vessel if:

(1) For license limitation groundfish,

no license limitation groundfish were

processed on the vessel that qualified

for the groundfish license under

paragraph (i)(4) of this section during

the period January 1, 1994, through June

17, 1995, or in the most recent calendar

year of participation during the area

endorsement qualifying period specified

in paragraph (i)(4)(ii) of this section; or

(2) For crab species, no crab species

were processed on the vessel that

qualified for the crab species license

under paragraph (i)(5) of this section

during the period January 1, 1994,

through December 31, 1994, or in the

most recent calendar year of

participation during the area/species

endorsement qualifying period specified

in paragraph (i)(5)(ii) of this section.

(B) Catcher/processor vessel. A

license will be assigned the vessel

designation of catcher/processor vessel

if:

(1) For license limitation groundfish,

license limitation groundfish were

processed on the vessel that qualified

for the groundfish license under

paragraph (i)(4) of this section during

the period January 1, 1994, through June

17, 1995, or in the most recent calendar

year of participation during the area

endorsement qualifying period specified

in paragraph (i)(4)(ii) of this section; or

(2) For crab species, crab species were

processed on the vessel that qualified

for the crab species license under

paragraph (i)(5) of this section during

the period January 1, 1994, through

December 31, 1994, or in the most

recent calendar year of participation

during the area endorsement qualifying

period specified in paragraph (i)(5)(ii) of

this section.

(C) Changing a vessel designation. A

person who holds a groundfish license

or a crab species license with a catcher/

processor vessel designation may, upon

request to the Regional Administrator,

have the license reissued with a catcher

vessel designation. The vessel

designation change to a catcher vessel

will be permanent and that license will

be valid for only those activities

specified in the definition of catcher

vessel designation at § 679.2.

(iii) Vessel length categories. A

license will be assigned one of the

following three vessel length categories

based on its LOA on June 17, 1995:

(A) Vessel length category ‘‘A’’ if the

LOA of the qualifying vessel on June 17,

1995, was equal to or greater than 125

ft (38.1 m) LOA.

(B) Vessel length category ‘‘B’’ if the

LOA of the qualifying vessel on June 17,

1995, was equal to or greater than 60 ft

(18.3 m) but less than 125 ft (38.1 m)

LOA.

(C) Vessel length category ‘‘C’’ if the

LOA of the qualifying vessel on June 17,

1995, was less than 60 ft (18.3 m) LOA.

(4) Qualifications for a groundfish

license. A groundfish license will be

issued to an eligible applicant who

owned a vessel that meets the criteria in

paragraphs (i)(4)(i) and (i)(4)(ii) of this

section.

(i) General qualification periods

(GQP). (A) To qualify for one or more of

the area endorsements in paragraphs

(i)(4)(ii)(A) and (i)(4)(ii)(B) of this

section, a vessel must have made at least

one legal landing of any amount of

license limitation groundfish species

harvested in the Bering Sea and

Aleutian Islands management area or in

State waters shoreward of that

management area from:

(1) January 1, 1988, through June 27,

1992;

(2) January 1, 1988, through December

31, 1994, provided that the landing was

of license limitation groundfish

harvested using pot or jig gear from a

vessel that was less than 60 ft (18.3 m)

LOA; or

(3) January 1, 1988, through June 17,

1995, provided that the vessel qualified

for a crab fisheries endorsement under

the Moratorium on Entry.

(B) To qualify for one or more of the

area endorsements in paragraphs

(i)(4)(ii)(C) through (i)(4)(ii)(E) of this

section, a vessel must have made at least

one legal landing of any amount of

license limitation groundfish species

harvested in the Gulf of Alaska or in

State waters shoreward of the Gulf of

Alaska from:

(1) January 1, 1988, through June 27,

1992;

(2) January 1, 1988, through December

31, 1994, provided that the landing was

of license limitation groundfish

harvested using pot or jig gear from a

vessel that was less than 60 ft (18.3 m)

LOA; or

(3) January 1, 1988, through June 17,

1995, provided that the vessel qualified

for a crab fisheries endorsement under

the Moratorium on Entry.

(ii) Endorsement qualification periods

(EQP). A groundfish license will be

assigned one or more area endorsements

based on the criteria in paragraphs

(i)(4)(ii)(A) through (i)(4)(ii)(E) of this

section.

(A) Aleutian Islands area

endorsement. A vessel of any length

(vessel categories ‘‘A’’ through ‘‘C’’)

must have made at least one legal

landing of any amount of license

limitation groundfish harvested from

January 1, 1992, through June 17, 1995,

in the Aleutian Islands Subarea or in

State waters shoreward of that subarea

for an Aleutian Islands area

endorsement.

(B) Bering Sea area endorsement. A

vessel of any length (vessel categories

‘‘A’’ through ‘‘C’’) must have made at

least one legal landing of any amount of

license limitation groundfish harvested

from January 1, 1992, through June 17,

1995, in the Bering Sea Subarea or in

State waters shoreward of that subarea

for a Bering Sea area endorsement.

(C) Central Gulf area endorsement. (1)

A vessel assigned to vessel category ‘‘A’’

must have made at least one legal

landing of any amount of license

limitation groundfish harvested in each

of any 2 calendar years from January 1,
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43887

1992, through June 17, 1995, in the

Central Area of the Gulf of Alaska or in

State waters shoreward of that area, or

in the West Yakutat District or in state

waters shoreward of that district, for a

Central Gulf area endorsement.

(2) A vessel assigned to vessel

category ‘‘B’’ must have made at least

one legal landing of any amount of

license limitation groundfish harvested

in each of any 2 calendar years from

January 1, 1992, through June 17, 1995,

or at least four legal landings of license

limitation groundfish harvested from

January 1, 1995, through June 17, 1995,

in the Central Area of the Gulf of Alaska

or in State waters shoreward of that

area, or in the West Yakutat District or

in State waters shoreward of that

district, for a Central Gulf area

endorsement.

(3) A vessel assigned to vessel

category ‘‘C’’ must have made at least

one legal landing of any amount of

license limitation groundfish harvested

from January 1, 1992, through June 17,

1995, in the Central Area of the Gulf of

Alaska or in State waters shoreward of

that area, or in the West Yakutat District

or in state waters shoreward of that

district, for a Central Gulf area

endorsement.

(D) Southeast Outside area

endorsement. (1) A vessel assigned to

vessel category ‘‘A’’ must have made at

least one legal landing of any amount of

license limitation groundfish harvested

in each of any 2 calendar years from

January 1, 1992, through June 17, 1995,

in the Southeast Outside District or in

State waters shoreward of that district

for a Southeast Outside area

endorsement.

(2) A vessel assigned to vessel

category ‘‘B’’ must have made at least

one legal landing of any amount of

license limitation groundfish harvested

in each of any 2 calendar years from

January 1, 1992, through June 17, 1995,

in the Southeast Outside District or in

State waters shoreward of that district,

or at least four legal landings of license

limitation groundfish harvested from

January 1, 1995, through June 17, 1995,

in the Southeast Outside District or in

State waters shoreward of that district

for a Southeast Outside area

endorsement.

(3) A vessel assigned to vessel

category ‘‘C’’ must have made at least

one legal landing of any amount of

license limitation groundfish harvested

from January 1, 1992, through June 17,

1995, in the Southeast Outside District

or in State waters shoreward of that

district for a Southeast Outside area

endorsement.

(E) Western Gulf area endorsement.

(1) A vessel assigned to vessel category

‘‘A’’ must have made at least one legal

landing of any amount of license

limitation groundfish harvested in each

of any 2 calendar years from January 1,

1992, through June 17, 1995, in the

Western Area of the Gulf of Alaska or

in State waters shoreward of that area

for a Western Gulf area endorsement.

(2) A vessel assigned to vessel

category ‘‘B’’ and the vessel designation

of catcher vessel must have made at

least one legal landing of any amount of

license limitation groundfish harvested

from January 1, 1992, through June 17,

1995, in the Western Area of the Gulf of

Alaska or in State waters shoreward of

that area for a Western Gulf area

endorsement.

(3) A vessel assigned to vessel

category ‘‘B’’ and the vessel designation

of catcher/processor vessel must have

made at least one legal landing of any

amount of license limitation groundfish

harvested in each of any 2 calendar

years from January 1, 1992, through

June 17, 1995, in the Western Area of

the Gulf of Alaska or in State waters

shoreward of that area, or at least four

legal landings of any amount of license

limitation groundfish harvested from

January 1, 1995, through June 17, 1995,

in the Western Area of the Gulf of

Alaska or in State waters shoreward of

that area for a Western Gulf area

endorsement.

(4) A vessel assigned to vessel

category ‘‘C’’ must have made at least

one legal landing of any amount of

license limitation groundfish harvested

from January 1, 1992, through June 17,

1995, in the Western Area of the Gulf of

Alaska or in State waters shoreward of

that area for a Western Gulf area

endorsement.

(iii) An eligible applicant that is

issued a groundfish license based on a

vessel’s qualifications under paragraph

(i)(4)(i)(A)(2) or (i)(4)(i)(B)(2) of this

section must choose only one area

endorsement for that groundfish license

even if the vessel qualifies for more than

one area endorsement.

(iv) Notwithstanding the provisions in

paragraph (i)(4) of this section, an

eligible applicant whose vessel made a

legal landing of any amount of license

limitation groundfish harvested in the

Bering Sea and Aleutian Islands

management area or in State waters

shoreward of that management area

during the GQP defined in paragraph

(i)(4)(i)(A) of this section, and made

legal landings of any amount of license

limitation groundfish harvested in one

of the areas of the Gulf of Alaska or in

State waters shoreward of one of the

areas of the Gulf of Alaska during the

EQP defined in paragraphs (i)(4)(ii) (C),

(D), and (E) of this section, but did not

make legal landings of any amount of

license limitation groundfish harvested

in the Gulf of Alaska or in State waters

shoreward of the Gulf of Alaska during

the GQP defined in paragraph (i)(4)(i)(B)

of this section, and did not make legal

landings of any amount of license

limitation groundfish harvested in one

of the areas of the Bering Sea and

Aleutian Islands management area or in

State waters shoreward of one of the

areas of that management area during

the EQP defined in paragraphs (i)(4)(ii)

(A) and (B) of this section, will be

issued a license with area endorsements

based on the legal landings of license

limitation groundfish harvested during

the EQP and meeting the requirements

in paragraphs (i)(4)(ii) (C), (D), and (E)

of this section.

(v) Notwithstanding the provisions in

paragraph (i)(4) of this section, an

eligible applicant whose vessel made a

legal landing of any amount of license

limitation groundfish harvested in the

Gulf of Alaska or in State waters

shoreward of the Gulf of Alaska during

the GQP defined in paragraph (i)(4)(i)(B)

of this section, and made legal landings

of any amount of license limitation

groundfish harvested in one of the areas

of the Bering Sea and Aleutian Islands

management area or in State waters

shoreward of one of the areas of that

management area during the EQP

defined in paragraphs (i)(4)(ii) (A) and

(B) of this section, but did not make

legal landings of any amount of license

limitation groundfish harvested in the

Bering Sea and Aleutian Islands

management area or in State waters

shoreward of that management area

during the GQP defined in paragraph

(i)(4)(i)(A) of this section, and did not

make legal landings of license limitation

groundfish harvested in one of the areas

of the Gulf of Alaska or in State waters

shoreward of one of the areas of the Gulf

of Alaska during the EQP defined in

paragraph (i)(4)(ii) (C), (D), and (E) of

this section, will be issued a license

with area endorsements based on the

legal landings of license limitation

groundfish harvested during the EQP

and meeting the requirements in

paragraphs (i)(4)(ii) (A) and (B) of this

section.

(5) Qualifications for a crab species

license. A crab species license will be

issued to an eligible applicant who

owned a vessel that meets the criteria in

paragraphs (i)(5) (i) and (ii) of this

section, except that vessels are exempt

from the requirements in paragraph

(i)(5)(i) of this section for the area/

species endorsements in paragraph

(i)(5)(ii) (A) and (H) of this section.

(i) General qualification period (GQP).

To qualify for one or more of the area/
43888 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

species endorsements in paragraph

(i)(5)(ii) of this section, a vessel must

have:

(A) Made at least one legal landing of

any amount of crab species harvested

from January 1, 1988, through June 27,

1992; or

(B) Made at least one legal landing of

any amount of crab species harvested

from January 1, 1988, through December

31, 1994, providing that the vessel

qualified for a groundfish fisheries

endorsement under the Moratorium on

Entry.

(ii) Area/Species Endorsements. A

crab species license will be assigned one

or more area/species endorsements

specified at § 679.2 based on the criteria

in paragraphs (i)(5)(ii) (A) through (H) of

this section.

(A) Pribilof red king and Pribilof blue

king. A vessel must have made at least

one legal landing of any amount of red

king or blue king crab harvested in the

area described in the definition for the

Pribilof red king and Pribilof blue king

area/species endorsement in § 679.2

from January 1, 1993, through December

31, 1994, to qualify for a Pribilof red

king and Pribilof blue king area/species

endorsement.

(B) BS/AI C. opilio and C. bairdi. A

vessel must have made at least three

legal landings of any amount of C. opilio

or C. bairdi crab harvested in the area

described in the definition for the BS/

AI C. opilio or C. bairdi area/species

endorsement in § 679.2 from January 1,

1992, through December 31, 1994, to

qualify for a C. opilio and C. bairdi area/

species endorsement.

(C) St. Matthew blue king. A vessel

must have made at least one legal

landing of any amount of blue king crab

harvested in the area described in the

definition for the St. Matthews blue king

area/species endorsement in § 679.2

from January 1, 1992, through December

31, 1994, to qualify for a St. Matthew

blue king area/species endorsement.

(D) Adak brown king. A vessel must

have made at least three legal landings

of any amount of brown king crab

harvested in the area described in the

definition for the Adak brown king area/

species endorsement in § 679.2 from

January 1, 1992, through December 31,

1994, to qualify for a Adak brown king

area/species endorsement.

(E) Adak red king. A vessel must have

made at least one legal landing of any

amount of red king crab harvested in the

area described in the definition for the

Adak red king area/species endorsement

in § 679.2 from January 1, 1992, through

December 31, 1994, to qualify for a

Adak red king area/species

endorsement.

(F) Bristol Bay red king. A vessel must

have made at least one legal landing of

any amount of red king crab harvested

in the area described in the definition

for the Bristol Bay red king area/species

endorsement in § 679.2 from January 1,

1991, through December 31, 1994, to

qualify for a Bristol Bay red king area/

species endorsement.

(G) Dutch Harbor brown king. A

vessel must have made at least three

legal landings of any amount of brown

king crab harvested in the area

described in the definition for the Dutch

Harbor brown king area/species

endorsement in § 679.2 from January 1,

1992, through December 31, 1994, to

qualify for a Dutch Harbor brown king

area/species endorsement.

(H) Norton Sound red king and

Norton Sound blue king. A vessel must

have made at least one legal landing of

any amount of red king or blue king crab

harvested in the area described in the

definition for the Norton Sound red king

and Norton Sound blue king area/

species endorsement in § 679.2 from

January 1, 1993, through December 31,

1994, to qualify for a Norton Sound red

king and Norton Sound blue king area/

species endorsement.

(6) Application for a groundfish

license or a crab species license. (i) An

eligible applicant must meet all the

criteria for eligibility in paragraph (i) of

this section and submit a complete

application to the Regional

Administrator to receive a groundfish

license or a crab species license.

(ii) A successor-in-interest may apply

in the place of an eligible applicant if

the eligible applicant is unable to apply

for a license because:

(A) Of death or disability at the time

of application, if the eligible applicant

is an individual; or

(B) The entity is no longer in

existence at the time of application, if

the eligible applicant is not an

individual.

(iii) An application for a groundfish

license or a crab species license may be

requested from and submitted to the

Restricted Access Management Division,

Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802–1668. An application

may be requested also by telephone by

calling 907–586–7202 or 800–304–4846

or by facsimile by calling 907–586–

7354. To be complete, an application for

a groundfish license or a crab species

license must be signed by the eligible

applicant, or the person who represents

the eligible applicant, and include:

(A) The name of the vessel, state

registration number of the vessels and,

the U.S. Coast Guard documentation

number of the vessel, if any.

(B) The name, business address, and

telephone and fax number of the owner

of the vessel as of June 17, 1995,

including all owners if more than one.

(C) The name of the managing

company.

(D) Valid documentation of the legal

landings that qualify the vessel for a

groundfish license or a crab species

license if requested by the Regional

Administrator due to an absence of

landing records for the vessel during the

qualifying periods.

(E) Valid documentation of the

vessel’s LOA on June 17, 1995. For

purposes of determining LOA for the

License Limitation Program, an eligible

applicant must provide evidence

showing:

(1) The vessel’s length on June 24,

1992, or the vessel’s length on the date

reconstruction was completed if the

vessel was being reconstructed on June

24, 1992;

(2) The vessel’s length on June 17,

1995; and

(3) The date the vessel was

lengthened and the vessel’s length

before and after that date, if the vessel

was lengthened after June 24, 1992.

(F) Valid documentation to support

the vessel’s designation of catcher vessel

or catcher/processor vessel based on the

criteria in § 679.4(i)(3)(i).

(7) Transfers—(i) General. A license

holder may request NMFS, on a transfer

request form provided by NMFS, to

transfer the license to a transferee

designated by the license holder on the

transfer request form. The designated

transferee may not conduct directed

fishing for license limitation groundfish

or crab species until NMFS reissues the

license in the name of the designated

transferee.

(ii) Reissuance procedures. A license

holder who wishes to transfer the

license to another person must request

NMFS to reissue the license to that

person by submitting a complete

transfer request form to NMFS to the

address specified in paragraph (i)(6)(ii)

of this section. Forms are available from

that address.

(A) To be complete, a transfer request

form must be signed and dated by the

license holder and include:

(1) The name of the license holder

(the names of all persons holding the

license must be included if more than

one person holds the license);

(2) The name of the person who is the

designated transferee and to whom the

license is to be reissued (the names of

all persons who are the designated

transferee must be included if more than

one person is the designated transferee);

(3) Valid documentation that the

designated transferee(s) is or are able to
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43889

document a fishing vessel under

Chapter 121, Title 46, U.S.C.

(B) The Regional Administrator shall

reissue the license to the designated

transferee if:

(1) A complete transfer request has

been submitted by the transferor.

(2) The designated transferee is a

person able to document a fishing vessel

under Chapter 121, Title 46, U.S.C..

(3) There are no fines, civil penalties,

other payments due and outstanding, or

outstanding permit sanctions resulting

from Federal fishing violations

involving any party to the transfer.

(4) The transfer will not cause the

designated transferee to exceed the

license caps in § 679.7(i).

(iii) Severability of licenses. (A) Area

endorsements or area/species

endorsements specified on a license are

not severable from the license and must

be transferred together.

(B) A groundfish license and a crab

species license issued based on the legal

landings of the same vessel and initially

issued to the same qualified person are

not severable and must be transferred

together.

(8) Other provisions. (i) Any person

committing, or a fishing vessel used in

the commission of, a violation of the

Magnuson-Stevens Fishery

Conservation and Management Act or

any regulations issued pursuant thereto,

is subject to the civil and criminal

penalty provisions and the civil

forfeiture provisions of the MagnusonStevens Fishery Conservation and

Management Act, part 621 of this

chapter, 15 CFR part 904 (Civil

Procedure), and other applicable law.

Penalties include, but are not limited to,

permanent or temporary sanctions to

licenses.

(ii) Notwithstanding the provisions of

the license limitation program in this

part, vessels fishing for species other

than license limitation groundfish as

defined in § 679.2 that were authorized

under Federal regulations to

incidentally catch license limitation

groundfish without a Federal fisheries

permit described at § 679.4(b) will

continue to be authorized to catch the

maximum retainable bycatch amounts

of license limitation groundfish as

provided in this part without a

groundfish license.

(iii) An eligible applicant, who

qualifies for a groundfish license or crab

species license but whose vessel has

been subsequently lost or destroyed,

will be issued the license for which the

lost or destroyed vessel qualified. This

license:

(A) Will have the vessel designation

and vessel length category of the lost or

destroyed vessel.

(B) Cannot be used to conduct

directed fishing for license limitation

groundfish or to conduct directed

fishing for crab species on a vessel that

has an LOA greater than the MLOA

designated on the license.

(iv) A qualified person who owned a

vessel on June 17, 1995, that made a

legal landing of license limitation

groundfish, or crab species if applicable,

between January 1, 1988, and February

9, 1992, but whose vessel was unable to

meet all the criteria in paragraph (i)(4)

of this section for a groundfish license

or paragraph (i)(5) of this section for a

crab species license because of an

unavoidable circumstance (i.e., the

vessel was lost, damaged, or otherwise

unable to participate in the license

limitation groundfish or crab fisheries)

may receive a license if the qualified

person is able to demonstrate:

(A) That the owner of the vessel at the

time of the unavoidable circumstance

held a specific intent to conduct

directed fishing for license limitation

groundfish or crab species with that

vessel during a specific time period in

a specific area.

(B) That the specific intent to conduct

directed fishing for license limitation

groundfish or crab species with that

vessel was thwarted by a circumstance

that was:

(1) Unavoidable.

(2) Unique to the owner of that vessel,

or unique to that vessel.

(3) Unforeseen and reasonably

unforeseeable to the owner of the vessel.

(C) That the circumstance that

prevented the owner from conducting

directed fishing for license limitation

groundfish or crab species actually

occurred.

(D) That, under the circumstances, the

owner of the vessel took all reasonable

steps to overcome the circumstance that

prevented the owner from conducting

directed fishing for license limitation

groundfish or crab species.

(E) That any amount of license

limitation groundfish or appropriate

crab species was harvested on the vessel

in the specific area that corresponds to

the area endorsement or area/species

endorsement for which the qualified

person who owned a vessel on June 17,

1995, is applying and the harvested

license limitation groundfish or crab

species was legally landed after the

vessel was prevented from participating

by the unavoidable circumstance but

before June 17, 1995.

(v) A groundfish license or a crab

species license may be used on a vessel

that complies with the vessel

designation on the license and that does

not exceed the MLOA on the license.

5. In § 679.5, new paragraphs (m) and

(n) are added to read as follows:

§ 679.5 Recordkeeping and reporting.

* * * * *

(m) CDQ check-in/check-out report.

The CDQ representative must submit a

check-in/check-out report for each

vessel harvesting groundfish and halibut

CDQ under Subpart C of this part.

(1) Check-in. The CDQ representative

must submit a check-in message by fax

to NMFS before the operator of a catcher

vessel or catcher/processor begins

harvesting groundfish or halibut CDQ.

The check-in message must be

submitted before the first trip of the year

and if CDQ fishing begins again after a

check-out message has been sent for the

vessel.

(2) Check-out. The CDQ

representative must submit a check-out

message by fax to NMFS after the

delivery of CDQ catch by a catcher

vessel unless that vessel will be CDQ

fishing on its next trip and after the

retrieval of a CDQ haul or set by a

catcher/processor unless that vessel will

be CDQ fishing on its next haul or set.

The check-out message must be received

by NMFS before the vessel deploys gear

in a non-CDQ fishery.

(3) Information required. The CDQ

representative must include the

following in each CDQ check-in/checkout report.

(i) The CDQ number.

(ii) The vessel name.

(iii) The Federal fisheries or processor

number or ADF&G number if the vessel

is not required to have a Federal

fisheries permit.

(iv) Check-in message—(A) Catcher

vessel. The date the CDQ trip will start.

(B) Catcher/processor. The date CDQ

fishing will start and the first haul or set

number for the CDQ catch.

(v) Check-out message—(A) Catcher

vessel. The date CDQ catch was

delivered and name of processor that

received delivery.

(B) Catcher/processor. The date CDQ

fishing ended and the last haul or set

number for the CDQ catch.

(vi) The CDQ representative’s printed

name and signature, and the date of

signature.

(n) CDQ catch report—(1)

Applicability. The CDQ representative

must submit a catch report summarizing

the CDQ and PSQ catch for each vessel

each week that CDQ fishing occurs.

(2) Time limits and submittal. The

CDQ representative must submit a CDQ

catch report to NMFS no later than 1200

hours, A.l.t., on the Tuesday following

the end of the applicable weekly

reporting period.
43890 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

(3) Information required. The CDQ

representative must include the

following in each CDQ catch report.

(i) Whether the submission is an

original or revised report.

(ii) The CDQ number.

(iii) The week ending date.

(iv) CDQ and PSQ catch information.

The CDQ representative must report the

following CDQ and PSQ catch

information for each catcher/processor

harvesting and each catcher vessel

delivering CDQ or PSQ during the

weekly reporting period.

(A) The Federal fisheries or processor

number or ADF&G number if the vessel

is not required to have a Federal

fisheries permit.

(B) The vessel name.

(C) The gear type used to harvest

CDQ.

(D) The total weight to the nearest

0.01 mt or the total number of catch of

all species in each category of CDQ or

PSQ. The catch of nonallocated species

from any vessel; the catch of crab,

herring, or salmon PSQ from non-trawl

vessels; or the catch of halibut PSQ from

vessels using pot gear should not be

reported on the CDQ catch report.

(v) The CDQ representative’s printed

name, signature, and date of signature.

6. In § 679.7, paragraph (d) is revised

and paragraph (j) is added to read as

follows:

§ 679.7 Prohibitions.

* * * * *

(d) CDQ. (1) Participate in a Western

Alaska CDQ program in violation of

subpart C of this part.

(2) Fail to submit, submit inaccurate

information on, or intentionally submit

false information on any report,

application, or statement required under

this part.

(3) Participate as a community in

more than one CDP unless the second

CDP is for a halibut CDQ fishery only.

(4) Harvest groundfish or halibut CDQ

or PSQ on behalf of a CDQ group if the

vessel is not listed as an eligible vessel

on an approved CDP, before the CDQ

representative has submitted a check-in

report for the vessel, or after the CDQ

representative has submitted a checkout report for the vessel.

(5) For a catcher/processor or

shoreside processor, catch or take

delivery of CDQ without a valid CDQ

permit.

(6) For a CDQ group, exceed a CDQ

or halibut PSQ.

(7) Use trawl gear to harvest

groundfish CDQ in Zone 1 after the CDQ

group’s red king crab PSQ or C. bairdi

Tanner crab PSQ in Zone 1 is attained.

(8) Use trawl gear to harvest

groundfish CDQ in Zone 2 after the CDQ

group’s PSQ for C. bairdi Tanner crab in

Zone 2 is attained.

(9) Use trawl gear to harvest

groundfish CDQ in Herring Savings

Areas (HSA) after the CDQ group’s

herring PSQ is attained.

(10) Use trawl gear to harvest

groundfish CDQ in the Chinook Salmon

Savings Area between January 1 and

April 15 after the CDQ group’s chinook

salmon PSQ is attained.

(11) Use trawl gear to harvest

groundfish CDQ in the Chum Salmon

Savings Area between September 1 and

October 14 after the CDQ group’s nonchinook salmon PSQ is attained.

(12) For a vessel operator, harvest

CDQ fixed gear sablefish or halibut with

other than fixed gear.

(13) For a catcher vessel using trawl

gear, discard any groundfish CDQ

species or salmon or herring PSQ before

it is delivered to an eligible processor

under a CDP.

(14) For a vessel using trawl gear,

release CDQ catch from the codend

before it is brought onboard the vessel

and weighed on a certified scale. This

includes, but is not limited to, ‘‘codend

dumping’’ and ‘‘codend bleeding.’’

(15) For a catcher vessel, catch, retain

on board, or deliver CDQ groundfish or

halibut together with non-CDQ

groundfish or halibut, except that IFQ

sablefish and halibut may be caught,

retained, or delivered together with

CDQ groundfish and halibut by vessels

using fixed gear.

(16) For a catcher/processor or an

observed catcher vessel, combine catch

from more than one CDQ group or from

CDQ and IFQ in the same haul or set.

(17) Use any CDQ groundfish as a

basis species for calculating retainable

bycatch amounts under § 679.20.

(18) For a CDQ representative, use

methods other than those approved in

the CDP to report CDQ and PSQ on the

CDQ catch report.

(19) Fail to comply with the

requirements of a CDP.

* * * * *

(j) License Limitation Program—(1)

Number of licenses. (i) Hold more than

ten groundfish licenses in the name of

that person at any time, except as

provided in paragraph (i)(1)(iii) of this

section;

(ii) Hold more than five crab species

licenses in the name of that person at

any time, except as provided in

paragraph (i)(1)(iii) of this section; or

(iii) Hold more licenses than allowed

in paragraphs (i)(1) (i) and (ii) of this

section unless those licenses were

issued to that person in the initial

distribution of licenses. Any person

who receives in the initial distribution

more licenses than allowed in

paragraphs (i)(1) (i) and (ii) of this

section shall have no transfer

applications for receipt of additional

licenses approved until the number of

licenses in the name of that person is

less than the numbers specified in

paragraphs (i)(1) (i) and (ii) of this

section; furthermore, when a person

becomes eligible to receive licenses by

transfer through the provisions of this

paragraph, that person is subject to the

provisions in paragraphs (i)(1) (i) and

(ii) of this section;

(2) Use gear other than fixed gear east

of 140° W. long., regardless of the gear

used to qualify for the license;

(3) Conduct directed fishing for

license limitation groundfish without a

groundfish license, except as provided

in § 679.4(i)(2);

(4) Conduct directed fishing for crab

species without a crab species license,

except as provided in § 679.4(i)(2);

(5) Process license limitation

groundfish on board a vessel without a

groundfish license with a Catcher/

processor designation;

(6) Process crab species on board a

vessel without a crab species license

with a Catcher/processor designation;

(7) Use a license on a vessel that has

an LOA that exceeds the MLOA of the

vessel that was used to originally

qualify for that license;

(8) Lease a groundfish or crab species

license.

7. In § 679.20, paragraphs (c)(1)(iii),

(c)(2)(ii), and (c)(3)(iii) are revised, and

paragraph (e)(3) is added to read as

follows:

§ 679.20 General limitations.

* * * * *

(c) Annual Specifications—(1)

Proposed specifications—* * *

(iii) BSAI. The BSAI proposed

specifications will specify the annual

TAC and initial TAC amounts for each

target species and the ‘‘other species’’

category and apportionments thereof

established under § 679.20(a)(2),

prohibited species catch allowances

established under § 679.21, seasonal

allowances of pollock TAC (including

pollock CDQ), and reserve amounts

established under § 679.31 (b), (d), (e),

and (g) for pollock CDQ, sablefish CDQ,

groundfish CDQ, and PSQ.

(2) Interim specifications. * * *

(ii) BSAI. Except for pollock and the

hook and line and pot gear allocation of

sablefish, one quarter of each proposed

initial TAC and apportionment thereof,

one quarter of each CDQ reserve

established under § 679.31 (b), (d), (e),

and (g), and one quarter of the proposed

prohibited species catch allowance

established under § 679.21.
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43891

(A) The interim specifications for

pollock will be equal to the first

seasonal allowance under paragraph

(a)(5)(i)(A) of this section that is

published in the proposed

specifications under paragraph (c)(1) of

this section.

(B) The interim specifications for CDQ

pollock will be equal to the first

seasonal allowance that is published in

the proposed specifications under

paragraph (c)(1) of this section.

(3) Final specifications. * * *

(iii) The final specifications will

specify the annual TAC for each target

species and the ‘‘other species’’ category

and apportionments thereof, prohibited

species catch allowances, seasonal

allowances of the pollock TAC

(including pollock CDQ), and the

reserve amounts established under

§ 679.31 (b), (d), (e) and (g) for pollock

CDQ, sablefish CDQ, groundfish CDQ,

and PSQ, respectively.

* * * * *

(e) * * *

(3) CDQ. Retained CDQ species may

not be used as a basis species to

calculate maximum retainable bycatch

amounts.

* * * * *

8. In § 679.21, paragraphs (b)(2)(ii),

(b)(3), (e)(1) (v) and (vi) are revised, and

paragraphs (e)(3)(iv)(G) and (e)(4)(ii)(F)

are added to read as follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(b) * * *

(2) * * *

(ii) Sort its catch immediately after

retrieval of the gear and, except as

provided below, return all prohibited

species or parts thereof to the sea

immediately, with a minimum of injury,

regardless of its condition, after

allowing for sampling by an observer if

an observer is aboard. The following

exceptions are made.

(A) Salmon prohibited species catch

in the BSAI non-CDQ groundfish

fisheries under paragraph (c) of this

section and § 679.26.

(B) Catcher vessels using trawl gear in

the CDQ fisheries under subpart C of

this part must retain all salmon and

herring prohibited species catch and

deliver it to a processor with a valid

CDQ permit.

(3) Rebuttable presumption. Except as

provided under paragraph (c) of this

section, § 679.26, or for salmon and

herring retained by catcher vessels using

trawl gear in the CDQ fisheries, there

will be a rebuttable presumption that

any prohibited species retained on

board a fishing vessel regulated under

this part was caught and retained in

violation of this section.

* * * * *

(e) * * *

(1) * * *

(v) Chinook salmon. The PSC limit of

chinook salmon caught while

conducting any non-CDQ trawl fishery

for groundfish in the BSAI between

January 1 and April 15 is 44,400 fish. A

chinook salmon prohibited species

catch reserve of 3,600 fish is established

for the CDQ fisheries under § 679.31.

(vi) Non-chinook salmon. The PSC

limit of non-chinook salmon caught

while conducting any non-CDQ trawl

fishery for groundfish in the CVOA

between August 15 and October 14 is

38,850 fish. A non-chinook salmon

prohibited species catch reserve of 3,150

fish is established for the CDQ fisheries

under § 679.31.

(3) * * *

(iv) * * *

(G) CDQ fisheries. 7.5 percent of the

PSC limits are apportioned to the CDQ

fisheries under § 679.31.

(4) * * *

(ii) * * *

(F) CDQ fisheries. 7.5 percent of the

non trawl halibut PSC limit is

apportioned to the CDQ fisheries under

§ 679.31.

9. In § 679.23, paragraph (e)(3) is

amended by revising the headings of

paragraphs (e)(3) (i) and (ii) and by

adding paragraph (e)(3)(iii) to read as

follows:

§ 679.23 Seasons.

* * * * *

(e) * * * * *

(3) * * *

(i) Halibut CDQ. * * *

(ii) Sablefish CDQ. * * *

(iii) Groundfish CDQ. Directed fishing

for groundfish species, other than fixed

gear sablefish under the Western Alaska

CDQ program, pursuant to subpart C of

this part is authorized from 0001 hours,

A.l.t., January 1, through the end of the

fishing year, except as provided in

paragraph (c) of this section.

* * * * *

10. In subpart B, § 679.28 proposed to

be amended at 62 FR 32564, is further

proposed to be amended by revising

paragraph (a) and adding new

paragraphs (c) through (f) as follows:

§ 679.28 Equipment and Operational

Requirements for Catch Weight

Measurement.

(a) Applicability. This section

contains the requirements for scales

certified by NMFS to weigh catch at sea,

scales certified by the State of Alaska,

observer sampling stations, and certified

bins for volumetric estimates of catch

weight. Requirements for specific

vessels or processors to use this

equipment are made elsewhere in this

part.

* * * * *

(c) Scales certified by the State of

Alaska. Scales used to weigh groundfish

catch that also are required to be

certified by the State of Alaska under

Alaska Statutes 45.75 must meet the

following requirements.

(1) Certification. The scale must

display a valid State of Alaska

certification sticker indicating that the

scale was certified within 12 months of

the date of inspection.

(2) The scale and scale display must

be visible simultaneously to the

observer. Observers, NMFS personnel,

or an authorized officer must be allowed

to observe the weighing of fish on the

scale and be able to read the scale

display at all times.

(3) Printed scale weights. Printouts of

the scale weight of each haul, set, or

delivery must be made available to

observers, NMFS personnel, or an

authorized officer at the time they are

printed and anytime thereafter for the

duration of the fishing year. Printouts

must be retained by the operator or

manager as specified in § 679.5(a)(15).

(d) Observer Sampling Station—(1)

Accessibility. All of the equipment

required for an observer sampling

station must be [made] available to the

observer at all times while a sampling

station is required and the observer is

on board the vessel.

(2) Location—(i) Motherships or

catcher/processors and catcher vessels

using trawl gear. The observer sampling

station must be located within 4 m of

the location from which the observer

samples unsorted catch.

(ii) Longline or pot catcher vessels or

catcher/processors. The observer

sampling station must be located within

3 m of the location where fish are

brought on board the vessel.

(3) Minimum work space. The

observer must have a working area at

least 1.8 m wide by 2.5 m long

including the observer’s sampling table,

for sampling and storage of fish to be

sampled. The observer must be able to

stand upright in the area in front of the

table and scale.

(4) Table. The observer’s sampling

table must be at least 0.6 m deep, 1.2 m

wide and 0.9 m high and must not be

more than 1.1 m high. The entire surface

area of the table must be available for

use by the observer. Any area used for

the motion-compensated platform scale

is in addition to the minimum space

requirements for the table. The

observer’s sampling table must be

secured to the floor or wall.
43892 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

(5) Motion-compensated platform

scale—(i) Specifications. The electronic

motion-compensated platform scale

must have a capacity of at least 50 kg.

The scale must be mounted within 1 m

of the observer’s sampling table.

(ii) Test weights. At least two 5-kg,

two 10-kg, and one 20-kg test weights

must be on board the vessel at all times

when an observer sampling station is

required. Each test weight must have an

identifying number or character code

stamped or otherwise permanently

affixed to it. The identification number

and weight of each test standard to the

nearest 0.1 kg must be verified in

writing annually by the scale

manufacturer or a scale inspector

authorized by the Regional

Administrator. This written verification

must be signed and dated and be on

board the vessel at all times.

(iii) Maximum permissible error at

sea. The motion-compensated platform

scale must weigh the test weights to

within the maximum permissible error

specified in Appendix A, section 4,

Table 1 when tested at sea by an

observer.

(6) Other requirements. The sampling

station must include floor grating,

adequate lighting, and a hose that

supplies fresh or sea water to the

observer.

(7) Requirements for sampling catch.

On motherships and catcher/processors

using trawl gear, the conveyor belt

conveying unsorted catch must have a

removable board to allow fish to be

diverted from the belt directly into the

observer’s sampling baskets. The

diverter board must be located after the

certified scale used to weigh total catch

so that the observer can use this scale

to weigh large samples.

(e) Certified bins for volumetric

estimates of catch weight—(1)

Certification. The information required

in this paragraph must be prepared,

dated, and signed by a licensed engineer

with no financial interest in fishing, fish

processing, or fish tender vessels.

Complete bin certification documents

must be submitted to the Regional

Administrator prior to harvesting or

receiving groundfish from a fishery in

which certified bins are required and

must be on board the vessel and must

be available to the observer at all times.

(2) Specifications—(i) Measurement

and marking. The volume of each bin

must be determined by accurate

measurement of the internal dimensions

of the bin. The internal walls of the bin

must be permanently marked and

numbered in 10-cm increments

indicating the level of fish in the bin in

cm. All marked increments and

numerals must be readable from the

outside of the bin through a viewing

port or hatch at all times. Marked

increments are not required on the wall

in which the viewing port is located

unless such increments are necessary to

determine the level of fish in the bin

from another viewing port. Bins must be

lighted in a manner that allows marked

increments to be read from the outside

of the bin by an observer or authorized

officer. For bin certification documents

dated after [insert date 30 days after

date of publication of the final rule in

the Federal Register], the numerals at

the 10-cm increment marks must be at

least 4 cm high.

(ii) Viewing ports. Each bin must have

a viewing port or ports from which the

internal bin markings and numerals on

all walls of the bin, except the wall in

which the viewing port is placed, can be

seen from the outside of the bin.

(3) Information required. For bin

certification documents submitted after

[insert date 30 days after date of

publication of the final rule in the

Federal Register], the person certifying

the bins must provide:

(i) The vessel name.

(ii) The date the engineer measured

the bins and witnessed the location of

the marked increments and numerals.

(iii) A diagram, to scale, of each bin

showing the location of the marked

increments on each internal wall of the

bin, the location, and dimensions of

each viewing port or hatch, and any

additional information needed to

estimate the volume of fish in the bin.

(iv) Tables indicating the volume of

each certified bin in cubic meters for

each 10-cm increment marked on the

sides of the bins.

(v) Instructions for determining the

volume of fish in each bin from the

marked increments and table.

(vi) The person’s name and signature

and date the completed bin certification

documents were signed.

(4) Recertification. The bin’s volume

and marked and numbered increments

must be recertified if the bin is modified

in a way that changes its size or shape

or if marking strips or marked

increments are moved or added.

(5) Operational requirements—(i)

Placement of catch in certified bins. All

catch must be placed in a bin certified

under this paragraph to estimate total

catch weight prior to sorting.

Refrigerated seawater tanks may be used

for volumetric estimates only if the

tanks comply with all other

requirements of this paragraph, no water

is in the tanks before fish are added, and

no water is added to the tanks before the

observer records the level of fish in the

tank. No adjustments of volume will be

made for the presence of water in the

bin or tank.

(ii) Prior notification. Vessel operators

must notify observers prior to any

removal or addition of fish from each

bin used for volumetric measurements

of catch so that an observer may make

bin volume estimates prior to fish being

removed from or added to the bin. Once

a volumetric estimate has been made,

additional fish may not be added to the

bin until at least half the original

volume has been removed. Fish may not

be removed from or added to a bin used

for volumetric estimates of catch weight

until an observer indicates that bin

volume estimates have been completed

and any samples of catch required by

the observer have been taken.

(iii) Fish from separate hauls or

deliveries from separate harvesting

vessels may not be mixed in any bin

used for volumetric measurements of

catch.

(iv) The bins must not be filled in a

manner that obstructs the viewing ports

or prevents the observer from seeing the

level of fish throughout the bin.

11. Section 679.30 is revised to read

as follows:

§ 679.30 General CDQ regulations.

(a) Application procedure. The CDQ

program is a voluntary program.

Allocations of CDQ and PSQ are made

to CDQ groups and not to vessels or

processors fishing under contract with

any CDQ group. Any vessel harvesting

or processing CDQ or PSQ under a CDP

must comply with all other

requirements of this part. Allocations of

CDQ and PSQ are harvest privileges that

expire upon the expiration of the CDP.

When a CDP expires, further CDQ

allocations are not implied or

guaranteed, and a CDQ group must reapply for further allocations on a

competitive basis with other CDQ

groups. The CDQ allocations provide

the means for CDQ groups to complete

their CDQ projects. A CDQ group may

apply for CDQ and PSQ allocations by

submitting a proposed CDP to the State

during the CDQ application period

which will be announced by the State.

A proposed CDP must be submitted by

a qualified applicant and must include:

(1) Community development

information. Community development

information includes:

(i) Project description. A detailed

description of all proposed CDQ

projects, including the short- and longterm benefits to the CDQ group from the

proposed CDQ projects. CDQ projects

should not be designed with the

expectation of CDQ allocations beyond

those requested in the proposed CDP.
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43893

(ii) Project schedule. A schedule for

the completion of each CDQ project

with measurable milestones for

determining the progress of each CDQ

project.

(iii) Employment. The number of

individuals to be employed through the

CDP projects, and a description of the

nature of the work and the career

advancement potential for each type of

work.

(iv) Community eligibility. A list of

the participating communities. Each

participating community must be listed

in Table 7 of this part or meet the

criteria for an eligible community under

§ 679.2.

(v) Community support. A

demonstration of each participating

community’s support for the CDQ group

and the managing organization

participating through an official letter

approved by the governing body of each

such community.

(2) Managing organization

information. A proposed CDP must

include the following information about

the managing organization:

(i) Structure and personnel. A

description of the management structure

and key personnel, such as resumes and

references, including the name, address,

fax number, and telephone number of

the CDQ representative.

(ii) Management qualifications. A

description of how the managing

organization is qualified to carry out the

CDP projects in the proposed CDP, and

a demonstration that the managing

organization has the management,

technical expertise, and ability to

manage CDQ allocations and prevent

exceeding a CDQ or PSQ.

(iii) Legal relationship.

Documentation of the legal relationship

between the CDQ group and the

managing organization (if the managing

organization is different from the CDQ

group) clearly describing the

responsibilities and obligations of each

party as demonstrated through a

contract or other legally binding

agreement.

(iv) Board of directors. The name,

address, and telephone number of each

member of the board of directors of the

CDQ group. If a qualified applicant

represents more than one community,

the board of directors of the qualified

applicant must include at least one

member elected in an at-large election

by his or her community, for each

community in the CDQ group. For the

purposes of this paragraph, election-atlarge means that all registered voters in

the community are eligible to vote.

(3) Business information. A proposed

CDP must include the following

business information:

(i) Business relationships. A

description of all business relationships

between the CDQ group and all

individuals who have a financial

interest in a CDQ project or subsidiary

venture, including but not limited to,

any arrangements for management and

audit control and any joint venture

arrangements, loans, or other

partnership arrangements, including the

distribution of proceeds among the

parties.

(ii) Profit sharing. A description of all

profit sharing arrangements.

(iii) Funding. A description of all

funding and financing plans.

(iv) General budget for implementing

the CDP. A general account of estimated

income and expenditures for each CDQ

project for the total number of calendar

years that the CDP is in effect.

(v) Financial statement for the CDQ

group. The most recent audited income

statement, balance sheet, cash flow

statement, management letter, and

agreed upon procedures report.

(vi) Organizational chart. A visual

representation of the CDQ group’s entire

organizational structure including all

divisions, subsidiaries, joint ventures,

and partnerships. This chart must

include the type of legal entity, state of

registration, and percentage of

ownership.

(4) Request for CDQ and PSQ

allocations. A list of the percentage of

each CDQ reserve and PSQ reserve, as

defined at § 679.31 (b)–(g), that is being

requested. The request for allocations of

CDQ and PSQ must identify percentage

allocations requested for target species

and bycatch species for each target

fishery. Target fishery designations must

include the primary target species of the

fishery and gear type of the vessel that

will be used to harvest the catch.

(5) Fishing plan for groundfish and

halibut CDQ fisheries. The following

information must be provided for all

vessels and processors that will be

harvesting groundfish and halibut CDQ.

(i) List of eligible vessels and

processors—(A) Vessels. A list of the

name, Federal fisheries permit number

(if applicable), ADF&G vessel number,

LOA, gear type, and vessel type (catcher

vessel, catcher/processor, or

mothership) for each vessel that will be

used to catch or process CDQ and PSQ.

Any CDQ vessel that is exempt from the

License Limitation Program under

§ 679.4(i)(2)(iv) must be identified as

such.

(B) Shoreside processors or buying

stations. A list of the name, Federal

processor permit number, and location

of each shoreside processor or buying

station that is required to have a Federal

processor permit under § 679.4(f) and

will take deliveries of, or process, CDQ

catch.

(C) Buyers of halibut CDQ. A list of

processors of halibut CDQ that are not

required to have a Federal Processor

Permit under § 679.4(f), including the

name of the buyer or processor, mailing

address, telephone number, and

location where halibut CDQ will be

landed.

(ii) Sources of data or methods for

estimating CDQ and PSQ catch. The

sources of data or methods that will be

used to estimate catch weight of CDQ

and PSQ for each vessel or processor

proposed as eligible under the CDP. For

each vessel or processor, the CDP must

specify whether the NMFS’ standard

sources of data set forth at § 679.32(e)(3)

or some other alternative will be used.

For catcher vessels using nontrawl gear,

the CDP also must specify whether the

vessel will be retaining all groundfish

CDQ or will be discarding some CDQ

catch at sea. The CDQ group may

propose the use of an alternative

method such as the sorting and

weighing all catch by species on

processor vessels or using larger sample

sizes than would be required under

§ 679.32(e)(3). Alternatives to the

requirement for a certified scale or an

observer sampling station may not be

proposed. NMFS will review the

proposal for the requirements specified

in paragraphs (a)(5)(ii) (A) through (D)

of this section:

(A) The alternative proposed will

provide equivalent or better estimates

than use of the NMFS standard data

source.

(B) Each haul, set, or pot on an

observed vessel can be sampled by an

observer for species composition.

(C) Any proposal to sort catch before

it is weighed assures that the sorting

and weighing process will be monitored

by an observer.

(D) The CDQ observer is required to

be on duty no more than 12 hours in

each 24-hour period and is required to

sample no more than 9 hours in each

24-hour period.

(E) The CDQ observer on a vessel

using trawl gear is required to sample

no more than 3 hauls in each 24-hour

period. NMFS will review the proposal

and approve it or notify the CDQ group

in writing if the proposed alternative

does not meet these requirements. The

CDQ group may remove the vessel or

processor for which the alternative

method is proposed from the proposed

CDP to facilitate approval of the CDP

and add the vessel or processor to the

CDP by amendment at a later date.

(iii) Amendments to the list of eligible

vessels and processors. The list of

eligible vessels and processors may be
43894 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

amended by submitting the information

required in paragraphs (a)(5) (i) and (ii)

of this section as a technical amendment

to the CDP.

(6) CDQ planning—(i) Transition

plan. A proposed CDP must include an

overall plan and schedule for transition

from reliance on CDQ allocations to selfsufficiency in fisheries for each CDQ

project.

(ii) Post-allocation plan. [Reserved]

(b) Public hearings on CDQ

application. When the CDQ application

period has ended, the State must hold

a public hearing to obtain comment on

the proposed CDPs from all interested

persons. The hearing must cover the

substance and content of proposed CDPs

so that the general public, and

particularly the affected parties, have a

reasonable opportunity to understand

the impact of the proposed CDPs. The

State must provide reasonable public

notification of hearing date and

location. The State must make available

for public review, at the time of public

notification of the hearing, all State

materials pertinent to the hearing.

(c) Council consultation. Before the

State sends its recommendations for

approval of proposed CDPs to NMFS,

the State must consult with the Council,

and make available, upon request,

proposed CDPs that are not part of the

State’s recommendations.

(d) Review and approval of proposed

CDPs. The State must transmit the

proposed CDPs and its

recommendations for approval of each

of the proposed CDPs to NMFS along

with the findings and the rationale for

the recommendations by October 7. The

State shall determine in its

recommendations for approval of the

proposed CDPs that each proposed CDP

meets all applicable requirements of this

part. Upon receipt by NMFS of the

proposed CDPs and the State’s

recommendations for approval, NMFS

will review the proposed CDPs and

approve those that it determines meet

all applicable requirements. In the event

of approval of the CDP, NMFS will

notify the State in writing that the

proposed CDP is approved by NMFS

and is consistent with all requirements

for CDPs. If NMFS finds that a proposed

CDP does not comply with the

requirements of this part, NMFS must so

advise the State in writing, including

the reasons therefor. The State may

submit a revised proposed CDP along

with revised recommendations for

approval to NMFS.

(e) Transfer. CDQ groups may request

NMFS to transfer CDQ allocations, CDQ,

PSQ allocations, or PSQ from one to

another by each group filing an

appropriate amendment to its CDP. If

NMFS approves both amendments,

NMFS will make the requested

transfer(s) by decreasing the account

balance of the CDQ group from which

the CDQ or PSQ species is transferred

by the amount transferred, and by

increasing the account balance of the

CDQ group receiving the transferred

CDQ or PSQ species by the amount

transferred.

(1) CDQ allocation. CDQ groups may

request that NMFS transfer any or all of

one group’s CDQ allocation to another

by each group filing an amendment to

its CDP through the CDP substantial

amendment process set forth at

paragraph (g)(4) of this section. The

CDQ allocation will be transferred as of

January 1 of the calendar year following

the calendar year NMFS approves the

amendments of both groups and is

effective for the duration of the CDPs.

(2) CDQ. CDQ groups may request that

NMFS transfer any or all of one group’s

CDQ for a calendar year to another by

each group filing an appropriate

amendment to its CDP. If the amount to

be transferred is 10 percent or less of a

group’s CDQ, that group’s request may

be made through the CDP technical

amendment process set forth at

paragraph (g)(5) of this section. If the

amount to be transferred is greater than

10 percent of a group’s CDQ, that

group’s request must be made through

the CDP substantial amendment process

set forth at paragraph (g)(4) of this

section. The CDQ will be transferred as

of the date NMFS approves the

amendments of both groups and is

effective only for the remainder of the

calendar year in which the transfer

occurs.

(3) PSQ allocation. CDQ groups may

request that NMFS transfer any or all of

one group’s PSQ allocation to another

CDQ group through the CDP substantial

amendment process set forth at

paragraph (g)(4) of this section. Each

group’s request must be part of a request

for the transfer of a CDQ allocation and

the requested amount of PSQ allocation

must be the amount reasonably required

for bycatch needs during the harvesting

of the CDQ. Requests for the transfer of

a PSQ allocation may be submitted to

NMFS only from January 1 through

January 31. The PSQ allocation will be

transferred as of January 1 of the

calendar year following the calendar

year NMFS approves the amendments of

both groups and is effective for the

duration of the CDPs.

(4) PSQ. CDQ groups may request that

NMFS transfer any or all of one group’s

PSQ for a calendar year to another by

each group filing an amendment to its

CDP through the CDP substantial

amendment process set forth at

paragraph (g)(4) of this section. Each

group’s request must be part of a request

for the transfer of a PSQ and the

requested amount of PSQ must be the

amount reasonably required for bycatch

needs during the harvesting of the CDQ.

Requests for the transfer of PSQ may be

submitted to NMFS only from January 1

through January 31. The PSQ will be

transferred as of the date NMFS

approves the amendments of both

groups and is effective only for the

remainder of the calendar year in which

the transfer occurs.

(f) CDQ group responsibilities. A CDQ

group must:

(1) Direct and supervise all activities

of the managing organization.

(2) Maintain the capability to

communicate with all vessels harvesting

its CDQ and PSQ at all times.

(3) Monitor the catch of each CDQ or

PSQ.

(4) Submit the CDQ check-in/checkout report and CDQ catch report

described at § 679.5 (m) and (n).

(5) Ensure that no CDQ or halibut PSQ

is exceeded.

(6) Ensure that the CDQ group’s CDQ

harvesting vessels and CDQ processors

will:

(i) Provide observer coverage,

equipment, and operational

requirements for CDQ catch monitoring.

(ii) Provide for the communication of

observer data from their vessel to NMFS

and the CDQ representative.

(iii) Maintain contact with the CDQ

group for which it is harvesting CDQ

and PSQ.

(iv) Cease fishing operations when

requested by the CDQ group.

(7) Comply with all requirements of

this part.

(g) Monitoring of CDPs—(1) Annual

progress report—(i) The State must

submit to NMFS, by October 30 of each

year, an annual progress report for the

previous calendar year for each CDP.

(ii) Annual progress reports must be

organized on a project-by-project basis

and include information for each CDQ

project in the CDP describing how each

scheduled milestone in the CDP has

been met, and an estimation by the State

of whether each of the CDQ projects in

the CDP is likely to be successful.

(iii) The annual report must include a

description by the State of any problems

or issues in the CDP that the State

encountered during the annual report

year.

(2) Annual budget report. (i) Each

CDQ group must submit to NMFS an

annual budget report by December 15

preceding the year for which the annual

budget applies.

(ii) An annual budget report is a

detailed estimate of the income from the
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43895

CDQ project and of the expenditures for

each subsidiary, division, joint venture,

partnership, investment activity, or CDQ

project as described in paragraph

(a)(1)(i) of this section for a calendar

year. A CDQ group must identify the

administrative costs for each CDQ

project. The CDQ group’s total

administrative costs will be considered

a separate CDQ project.

(iii) An annual budget report is

approved upon receipt by NMFS, unless

disapproved by NMFS in writing by

December 31. If disapproved, the annual

budget report will be returned to the

CDQ group for revision and resubmittal

to NMFS.

(3) Annual budget reconciliation

report. A CDQ group must reconcile its

annual budget by May 30 of the year

following the year for which the annual

budget applied. Reconciliation is an

accounting of the annual budget’s

estimated income and expenditures

with the actual income and

expenditures, including the variance in

dollars and variance in percentage for

each CDQ project that is described in

paragraph (a)(1)(i) of this section. If a

general budget, as submitted in

accordance with paragraph (a)(3)(iv) of

this section, is no longer accurate due to

the reconciliation of an annual budget,

then the general budget must also be

revised to reflect the annual budget

reconciliation. The revised general

budget must be included with the

annual budget reconciliation report.

(4) Substantial amendments. A CDP is

a working business plan and must be

kept up to date.

(i) Substantial amendments to a CDP

require written notification by the CDQ

group to the State. The State must

forward the amendment to NMFS with

a recommendation as to whether it

should be approved.

(ii) NMFS will notify the State in

writing of the approval or disapproval of

the amendment within 30 days of

receipt of the amendment and the

State’s recommendation. Except for

substantial amendments for the transfer

of CDQ and PSQ which are effective

only for the remainder of the calendar

year in which the transfer occurs (see

paragraphs (e) (2) and (4) of this

section), once a substantial amendment

is approved by NMFS, the amendment

will be effective for the duration of the

CDP.

(iii) If NMFS determines that the CDP,

if changed, would no longer meet the

requirements of this subpart, NMFS will

notify the State in writing of the reasons

why the amendment cannot be

approved.

(iv) For the purposes of this section,

substantial amendments are defined as

changes in a CDP, including, but not

limited to:

(A) Any change in the applicant

communities or replacement of the

managing organization.

(B) A change in the CDP applicant’s

harvesting or processing partner.

(C) Funding a CDP project in excess

of $100,000 that is not part of an

approved general budget.

(D) More than a 20-percent increase in

the annual budget of an approved CDP

project.

(E) More than a 20-percent increase in

actual expenditures over the approved

annual budget for administrative

operations.

(F) A change in the contractual

agreement(s) between the CDP applicant

and its harvesting or processing partner,

or a change in a CDP project, if such

change is deemed by the Governor or

NMFS to be a material change.

(G) Any transfer of a CDQ allocation,

PSQ allocation, PSQ, or a transfer of

more than ten percent of a CDQ.

(v) Notification of an amendment to a

CDP shall include the following

information:

(A) The background and justification

for the amendment that explains why

the proposed amendment is necessary

and appropriate.

(B) An explanation of why the

proposed change to the CDP is a

substantial amendment.

(C) A description of the proposed

amendment, explaining all changes to

the CDP that result from the proposed

amendment.

(D) A comparison of the original CDP

text with the text of the proposed

changes to the CDP, and the revised

pages of the CDP for replacement in the

CDP binder. The revised pages must

have the revision date noted with the

page number on all affected pages. The

table of contents may also need to be

revised to reflect any changes in

pagination.

(E) Identification of any NMFS

findings that would need to be modified

if the amendment is approved along

with the proposed modified text.

(F) A description of how the proposed

amendment meets the requirements of

this subpart. Only those CDQ

regulations that are affected by the

proposed amendment need to be

discussed.

(5) Technical amendments. Any

change to a CDP that is not a substantial

amendment as defined in paragraph

(g)(4)(iv) of this section is a technical

amendment.

(i) The CDQ group must notify the

State in writing of any technical

amendment. Such notification must

include a copy of the pages of the CDP

that would be revised by the

amendment, with the text highlighted to

show the proposed deletions and

additions, and a copy of the CDP pages

as they would be revised by the

proposed amendment for insertion into

the CDP binder. All revised CDP pages

must include the revision date,

amendment identification number, and

CDP page number. The table of contents

may also need to be revised to reflect

any changes in pagination.

(ii) The State must forward the

technical amendment to NMFS with its

recommendations for approval or

disapproval of the amendment. A

technical amendment is approved by

NMFS and is effective when NMFS

notifies the State in writing of the

technical amendment’s receipt.

12. Section 679.31 is revised to read

as follows:

§ 679.31 CDQ reserves.

(a) Non-specific CDQ reserve.

Annually, NMFS will apportion 15

percent of each squid, arrowtooth

flounder, and ‘‘other species’’ CDQ for

each CDQ group to a non-specific CDQ

reserve. A CDQ group’s non-specific

CDQ reserve must be for the exclusive

use of that CDQ group. A release from

the non-specific CDQ reserve to its

squid, arrowtooth flounder, or ‘‘other

species’’ is a technical amendment as

described in § 679.30(g)(5). The

technical amendment must be approved

before harvests relying on CDQ

transferred from the non-specific CDQ

reserve may be conducted.

(b) Pollock CDQ reserve (applicable

through December 31, 1998). In the

proposed and final harvest

specifications required under

§ 679.20(c), one-half of the pollock TAC

placed in the reserve for each subarea or

district of the BSAI will be apportioned

to a CDQ reserve for each subarea or

district.

(c) Halibut CDQ reserve. (1) NMFS

will annually withhold the proportions

of the halibut catch limit that are

specified in paragraph (c)(2) of this

section for use as a CDQ reserve.

(2) The proportions of the halibut

catch limit annually withheld for

purposes of the CDQ program, exclusive

of issued QS, are as follows for each

IPHC regulatory area:

(i) Area 4B. In IPHC regulatory area

4B, 20 percent of the annual halibut

quota shall be made available for the

halibut CDQ program to eligible

communities physically located in or

proximate to this regulatory area. For

the purposes of this section, ‘‘proximate

to’’ an IPHC regulatory area means

within 10 nm from the point where the
43896 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

boundary of the IPHC regulatory area

intersects land.

(ii) Area 4C. In IPHC regulatory area

4C, 50 percent of the halibut quota shall

be made available for the halibut CDQ

program to eligible communities

physically located in IPHC regulatory

area 4C.

(iii) Area 4D. In IPHC regulatory area

4D, 30 percent of the halibut quota shall

be made available for the halibut CDQ

program to eligible communities located

in or proximate to IPHC regulatory areas

4D and 4E.

(iv) Area 4E. In IPHC regulatory area

4E, 100 percent of the halibut quota

shall be made available for the halibut

CDQ program to communities located in

or proximate to IPHC regulatory area 4E.

A fishing trip limit of 6,000 lb (2.7 mt)

will apply to halibut CDQ harvesting in

IPHC regulatory area 4E.

(d) Sablefish CDQ reserves—(1) Fixed

gear sablefish CDQ reserve. In the

proposed and final harvest limit

specifications required under

§ 679.20(c), NMFS will specify 20

percent of the fixed gear allocation of

sablefish in each subarea or district of

the BSAI as a fixed-gear sablefish CDQ

reserve, exclusive of issued QS.

(2) Sablefish CDQ reserve. In the

proposed and final harvest limit

specifications required under

§ 679.20(c), NMFS will specify 7.5

percent of the trawl gear allocation of

sablefish in each subarea or district of

the BSAI as a sablefish CDQ reserve.

(e) Groundfish CDQ reserve. In the

proposed and final harvest

specifications required under

§ 679.20(c), one-half of the amount of

each groundfish TAC that is placed in

the reserve for each subarea or district

of the BSAI will be apportioned to a

separate CDQ reserve for each subarea

or district. The groundfish CDQ reserve

does not include sablefish. If the

proposed and final harvest limit

specifications required under

§ 679.20(c) change the groundfish

species comprising the ‘‘other species’’

category, then any CDQ allocations of

‘‘other species’’ category groundfish

would change according to the changed

species mix of the ‘‘other species’’

category.

(f) Crab CDQ reserve. The following

percentages of the king and Tanner crab

in the Bering Sea and Aleutian Islands

Area that has a guideline harvest level

specified by the State that is available

for commercial harvest will be

apportioned to a crab CDQ reserve:

(1) For calendar year 2000, and

thereafter, 7.5 percent.

(2) For calendar year 1999 (applicable

through December 31, 1999), 5 percent.

(3) For calendar year 1998 (applicable

through December 31, 1998), 3.5

percent.

(g) PSQ reserve. Seven and one-half

percent of the PSC limits specified at

§ 679.21(e) for red king crab in Zone 1,

Tanner crab (C. bairdi) in Zone 1,

Tanner crab in Zone 2, halibut, and

Pacific herring will be apportioned to

PSQ reserves. 3,600 chinook salmon and

3,150 non-chinook salmon will be

apportioned to PSQ reserves.

13. Section 679.32 is revised to read

as follows:

§ 679.32 Groundfish and halibut CDQ

catch monitoring.

(a) Applicability. (1) The CDQ

representative, the operator or manager

of a buying station, the operator of a

vessel, and the manager of a shoreside

processor fishing in the groundfish or

halibut CDQ fisheries must comply with

the requirements of this section.

(2) Pollock, halibut, and fixed-gear

sablefish CDQ fishing in 1998

(applicable through December 31, 1998).

Regulations governing the catch of

pollock, halibut, fixed-gear sablefish

CDQ in 1998 are at paragraphs (f) and

(g) of this section. Vessels and

processors harvesting only these CDQ

species are not required to comply with

paragraphs (b) through (e) of this section

in 1998, unless specifically required to

do so in paragraphs (f) and (g). The

catch of pollock with any authorized

gear and sablefish with fixed gear in the

multispecies CDQ fisheries in 1998 will

not accrue to the CDQs for these species.

(b) Prohibited species catch. Time and

area closures required once the CDQ

group has reached its salmon, herring,

or crab PSQs are listed in § 679.7(d) (7)

through (11). The catch of salmon, crab,

or herring PSQ by vessels using other

than trawl gear and the catch of halibut

PSQ by vessels using pot gear does not

accrue to the PSQ for these species.

(c) Gear restrictions. Fixed gear

sablefish and halibut CDQ must be

harvested with fixed gear only. Catch of

sablefish with fixed gear may accrue to

the fixed gear sablefish CDQ reserve or

the sablefish CDQ reserve. Catch of

sablefish with other than fixed gear will

accrue to the sablefish CDQ reserve.

(d) Requirements for vessels and

processors. Vessels and processors

participating in the CDQ fisheries must

comply with the following

requirements.

(1) Catcher vessels without observers.

(i) Catcher vessels less than 60 ft (18.3

m) LOA must retain all groundfish and

halibut CDQ until it is delivered to a

processor with a valid CDQ permit.

(ii) Catcher vessels using trawl gear

must discard halibut and crab PSQ atsea. The weight of halibut PSQ and

numbers of crab PSQ must be reported

on the ADF&G fish ticket within 24

hours of the completion of the fishing

trip.

(iii) Catcher vessels using non-trawl

gear must discard all halibut PSQ at sea

and report the weight of halibut

discarded on the ADF&G fish ticket

within 24 hours of the completion of the

fishing trip.

(2) Catcher vessels with observers.

Catcher vessels equal to or greater than

60 ft (18.3 m) LOA must comply with

the following requirements in addition

to complying with the minimum

observer coverage requirements at

§ 679.50(c)(4).

(i) If using trawl gear must,

(A) Retain all CDQ species, salmon

PSQ, and herring PSQ until it is

delivered to a processor with a valid

CDQ permit.

(B) Retain all halibut and crab PSQ in

a bin or other location until it is counted

and sampled by a CDQ observer.

(C) Provide space on the deck of the

vessel for the CDQ observer to sort and

store catch samples and a place from

which to hang the observer sampling

scale.

(ii) If using non-trawl gear, either

(A) Retain all CDQ Species. Retain all

CDQ species until they are delivered to

a processor with a valid CDQ permit

and have all of the halibut PSQ counted

by the CDQ observer and sampled for

average weight.

(B) Discard Some CDQ Species AtSea. May discard some CDQ species at

sea if the following requirements are

met.

(1) Sampling station. The vessel

owner provides an observer sampling

station that complies with § 679.28(d) so

that the CDQ observer can accurately

determine the average weight of

discarded CDQ species.

(2) CDQ permit. A valid CDQ permit

is on board the vessel at all times while

harvesting, processing, or transporting

CDQ.

(3) Species composition. Each set or

pot is sampled for species composition

by a CDQ observer.

(4) Catch weight and numbers. The

CDQ group specifies in the CDP that the

CDQ and PSQ catch weight and

numbers will be based on the CDQ

observer’s estimates rather than the

processor’s report of landed catch

weight and numbers.

(3) Shoreside processors and buying

stations. All shoreside processors and

buying stations taking CDQ deliveries in

addition to complying with the

minimum observer coverage

requirements at § 679.50(d)(4) must:
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules 43897

(i) CDQ permit. Have a valid CDQ

permit on site at the shoreside processor

at all times.

(ii) CDQ and PSQ by weight. Sort and

weigh on a scale certified under

§ 679.28(c), all groundfish and halibut

CDQ or PSQ and any halibut and

herring PSQ delivered to a shoreside

processor or buying station by CDQ or

PSQ species or species group.

(iii) PSQ by number. The shoreside

processor must count all salmon or crab

PSQ.

(iv) Prior notice of offloading

schedule. The manager of each

shoreside processor or buying station

must notify the CDQ observer(s) of the

offloading schedule of each CDQ

groundfish delivery at least 1 hour prior

to offloading to provide the CDQ

observer an opportunity to monitor the

weighing of the entire delivery.

(v) CDQ and PSQ sorting and

weighing. All sorting and weighing of

CDQ and PSQ must be monitored by a

CDQ observer.

(4) Catcher/processors and

motherships. Catcher/processors and

motherships in addition to complying

with the minimum observer coverage

requirements described at § 679.50(c)(4)

must:

(i) CDQ permit. Have a valid CDQ

permit on board the vessel at all times

harvesting, processing, or transporting

CDQ.

(ii) Observer sampling station.

Provide an observer sampling station as

described at § 679.28(d).

(iii) Catcher/processors using trawl

gear and motherships. Catcher/

processors using trawl gear and

motherships must weigh all catch on a

scale certified under § 679.28(b) of this

part. Catch from each haul must be

weighed separately. Catch must not be

sorted before it is weighed unless a CDQ

provision for doing so is approved by

NMFS for the vessel. Each CDQ haul

must be sampled by a CDQ observer for

species composition and the vessel

operator must allow CDQ observers to

use the certified scale to weigh partial

haul samples.

(iv) Catcher/processors using nontrawl gear. Each CDQ set or pot must be

sampled by a CDQ observer for species

composition and average weight.

(e) Recordkeeping and reporting—(1)

Check-in/check-out report. The CDQ

representative must submit the CDQ

check-in/check-out report and the CDQ

catch report described at § 679.5 (m) and

(n).

(2) Catch record. The operator or

manager of a buying station, the

operator of a vessel, and the manager of

a shoreside processor must record all

catch in the CDQ fisheries, including all

groundfish species and prohibited

species caught, taken, or harvested in

each haul or set as required at § 679.5.

(3) Verification of CDQ and PSQ catch

reports. CDQ groups may specify the

sources of data listed below as the

sources they will use to report CDQ

catch by specifying ‘‘NMFS standard

sources of data’’ in their CDP. In the

case of a catcher vessel using non-trawl

gear, the CDP must specify whether any

CDQ species will be discarded at sea.

CDQ species may be discarded at sea

only if the requirements of paragraph

(d)(2)(ii)(A) of this section are met.

NMFS will use the following sources to

verify the CDQ catch reports unless an

alternative catch estimation procedure

in the CDP is approved by NMFS under

§ 679.30(a)(5)(ii).

(i) Unobserved catcher vessels. The

weight or numbers of all CDQ and PSQ

species on ADF&G fish tickets if all CDQ

species, salmon PSQ, and herring PSQ

are retained on board the vessel,

delivered to a processor with a valid

CDQ permit, and sorted and weighed in

compliance with paragraph (d)(3) of this

section.

(ii) Observed catcher vessels using

trawl gear. The CDQ observer’s estimate

of halibut and crab PSQ and the weight

or numbers of all groundfish CDQ,

salmon PSQ, and herring PSQ on

ADF&G fish tickets if all CDQ species,

salmon PSQ, and herring PSQ are

retained on board the vessel, delivered

to a processor with a valid CDQ permit,

and sorted and weighed in compliance

with paragraph (d)(3) of this section.

(iii) Observed catcher vessels using

non-trawl gear. (A) The CDQ observer’s

estimates of the weight of halibut PSQ

and the weight or numbers of CDQ

species on ADF&G fish tickets if all CDQ

species are retained on board the vessel,

delivered to a processor with a valid

CDQ permit, and sorted and weighed in

compliance with paragraph (d)(3) of this

section; or

(B) The CDQ observer’s estimate of

the weight of all CDQ and PSQ species

if any CDQ species are discarded at sea.

(iv) Catcher/processors using trawl

gear and motherships. The CDQ

observer’s estimate of the weight and

numbers of CDQ and PSQ species as

determined by applying the CDQ

observer’s species composition

sampling data for each haul to the total

weight of haul as determined by

weighing all catch from each haul on a

scale certified under § 679.28(b).

(v) Catcher/processors using nontrawl gear. The CDQ observer’s

estimates of the weight and numbers of

CDQ and PSQ species as determined by

sampling each set or pot to determine

the number and average weight of each

CDQ and PSQ species.

(f) Pollock CDQ (applicable through

December 31, 1998)—(1) Applicability.

Vessels and processors harvesting

pollock CDQ in 1998 must comply with

the requirements of this paragraph.

(2) Catch of non-pollock. The catch of

all non-pollock species for which a TAC

or PSC limit is specified will accrue

against the non-CDQ groundfish fishery

TACs and PSC limits. Regulations

governing maximum retainable bycatch

amounts in the non-CDQ groundfish

fisheries must be complied with while

harvesting pollock CDQ.

(3) Recordkeeping and reporting. (i)

The CDQ representative must submit a

CDQ catch report that complies with

§ 679.5(n). Catch from the pollock CDQ

fisheries must be identified separately

from catch in other CDQ fisheries on the

CDQ catch report. Harvest of species

other than pollock in the pollock CDQ

fisheries must not be reported on the

CDQ catch report.

(ii) The CDQ representative must

submit a CDQ check-in/check-out report

that complies with § 679.5(m) and states

that the vessel will be participating in

the pollock CDQ fishery.

(iii) The operator or manager of a

buying station, the operator of a vessel,

and the manager of a shoreside

processor must record all catch in the

CDQ fisheries, including all groundfish

species and prohibited species caught,

taken, or harvested in each haul or set

as required at § 679.5.

(4) Observer coverage. Two observers

are required on all catcher/processors

and motherships while harvesting,

processing, or taking deliveries of

pollock CDQ, one observer is required

on all catcher vessels harvesting pollock

CDQ, and one observer is required in

the shoreside processing plant while

pollock CDQ is being delivered, sorted,

or processed.

(5) Estimation of the weight of pollock

CDQ—(i) Shoreside processors and

buying stations. All pollock CDQ

delivered to a shoreside processor or

buying station must be weighed on a

scale certified under § 679.28(c). The

manager of each shoreside processor or

buying station must notify the

observer(s) of the offloading schedule of

each CDQ groundfish delivery at least 1

hour prior to offloading to provide the

observer an opportunity to monitor the

weighing of the entire delivery.

(ii) Motherships and catcher/

processors. Operators of mothership and

catcher/processors must provide the

holding bins and comply with the

operational requirements at § 679.28(e)

in order for volumetric estimates of total

catch weight to be made.
43898 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Proposed Rules

(g) Sablefish and halibut CDQ

fisheries (applicable through December

31, 1998)—(1) Applicability. Vessels and

processors harvesting fixed gear

sablefish or halibut CDQ in 1998 must

comply with the requirements of this

paragraph.

(2) Catch of other groundfish. All

groundfish for which a TAC is specified

and all prohibited species caught during

the sablefish and halibut CDQ fisheries

will accrue to the non-CDQ groundfish

TACs and PSC limits. Regulations

governing maximum retainable bycatch

amounts in the non-CDQ groundfish

fisheries must be complied with while

harvesting fixed-gear sablefish and

halibut CDQ.

(3) Permits. The managing

organization responsible for carrying out

an approved CDQ project must have a

halibut and/or sablefish permit issued

by the Regional Administrator. A copy

of the halibut and/or sablefish CDQ

permit must be carried on any fishing

vessel operated by, or for, the managing

organization and be made available for

inspection by an authorized officer.

Such halibut and/or sablefish CDQ

permit is non-transferable and is

effective for the duration of the CDQ

project or until revoked, suspended, or

modified.

(4) CDQ cards. All individuals named

on an approved CDP application must

have a halibut and/or sablefish CDQ

card issued by the Regional

Administrator before landing any

halibut and/or sablefish. Each halibut

and/or sablefish CDQ card will identify

a CDQ permit number and the

individual authorized by the managing

organization to land halibut and/or

sablefish for debit against its CDQ

allocation.

(5) Alteration. No person may alter,

erase, or mutilate a halibut and/or

sablefish CDQ permit, card, registered

buyer permit, or any valid and current

permit or document issued under this

part. Any such permit, card, or

document that has been intentionally

altered, erased, or mutilated is invalid.

(6) Landings. Halibut and/or sablefish

harvested pursuant to a approved CDQ

project may be landed only by a person

with a valid halibut and/or sablefish

CDQ card, and delivered only to a

person with a valid registered buyer

permit, and reported in compliance

with § 679.5(l)(1) and (l)(2).

(7) Recordkeeping and reporting.

Vessels and processors with Federal

fisheries or processor permits under

§ 679.4(f) must report all catch of

groundfish, including sablefish CDQ,

and prohibited species from the fixed

gear sablefish and halibut CDQ fisheries

on logbooks and weekly production

reports required under § 679.5. Catch

from the fixed gear sablefish and halibut

CDQ fisheries must not be reported on

the CDQ catch report in 1998.

14. Sections 679.33 and 679.34 are

removed.

15. In § 679.40, existing paragraph (f)

is removed and existing paragraph (g) is

redesignated as a new paragraph (f).

16. In § 679.43, a new paragraph (p)

is added to read as follows:

§ 679.43 Determinations and appeals.

* * * * *

(p) Issuance of a non-transferable

permit. A non-transferable permit will

be issued to a person upon acceptance

of his or her appeal of an initial

administrative determination denying

an application for a license for license

limitation groundfish or crab species

under § 679.4(i). This non-transferable

permit authorizes a person to conduct

directed fishing for groundfish or

directed fishing for crab species and

will have specific endorsements and

designations based on the person’s

claims in his or her application for a

license. This non-transferable permit

expires upon the resolution of the

appeal.

17. In § 679.50, the last sentence of

paragraph (a) is revised and new

paragraphs (c)(4), (d)(4), and (h)(1)(i) (D)

and (E) are added as follows:

§ 679.50 Groundfish Observer Program

applicable through December 31, 1997.

(a) * * * Observer coverage for the

CDQ fisheries obtained in compliance

with paragraphs (c)(4) and (d)(4) of this

section may not be used to comply with

observer coverage requirements for nonCDQ groundfish fisheries specified in

paragraphs (c)(1)(v) and (c)(1)(vii) of this

section.

* * * * *

(c) Observer requirements for vessels.

* * *

(4) Groundfish and halibut CDQ

fisheries. Vessels harvesting groundfish

or halibut CDQ must comply with the

following minimum observer coverage

requirements each day that the vessel

harvests, transports, processes, delivers,

or takes deliveries of groundfish or

halibut CDQ or PSQ. No CDQ observer

may be required to be on duty more

than 12 hours in a 24-hour period, to

sample more than 9 hours in a 24-hour

period, or to sample more than 3 hauls

in a 24-hour period on a vessel using

trawl gear or a processor taking

deliveries from vessels using trawl gear.

(i) Mothership or catcher/processor. A

mothership or catcher/processor of any

length must have at least two CDQ

observers as described at paragraph

(h)(1)(i) (D) and (E) of this section

aboard the vessel, at least one of whom

must be certified as a lead CDQ

observer.

(ii) Catcher vessel. A catcher vessel

equal to or greater than 60 ft (18.3 m)

LOA, except a catcher vessel that

delivers only unsorted codends to a

processor or another vessel, must have

at least one lead CDQ observer as

described at paragraph (h)(1)(i)(E) of this

section aboard the vessel.

(d) * * *

(4) Groundfish and halibut CDQ

fisheries. Each shoreside processor

required to have a federal processor

permit under § 679.4(f) and taking

deliveries of groundfish or halibut CDQ

must have at least one lead CDQ

observer as described at paragraph

(h)(1)(i)(E) of this section present at all

times while CDQ is being received or

processed.

* * * * *

(h) * * *

(1) * * *

(i) * * *

(D) For purposes of the groundfish

and halibut CDQ fisheries a NMFScertified CDQ observer must meet the

following requirements.

(1) Be a prior observer who has

completed at least 60 days of observer

data collection on a vessel using the

same gear type as the CDQ vessel that

they will be deployed on.

(2) Receive the rating of 1 for

‘‘exceptional’’ or 2 for ‘‘meets

expectations’’ by NMFS for their most

recent deployment.

(3) Successfully complete a NMFSapproved CDQ observer training and/or

briefing as prescribed by NMFS and

available from the Observer Program

Office.

(4) Comply with all of the other

requirements of this section.

(E) To be certified as a ‘‘lead

observer’’ in the groundfish and halibut

CDQ fisheries, a NMFS-certified

observer must complete at least 20 days

of observer data collection on a vessel

participating in a CDQ fishery in

addition to meeting the requirements of

paragraph (h)(1)(i)(D) of this section.

* * * * *

[FR Doc. 97–21169 Filed 8–14–97; 8:45 am]

BILLING CODE 3510–22–P