32994 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 660 

[Docket No. 100212086–0210–01] 

RIN 0648–AY68 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendments 20 

and 21; Trawl Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes measures to 

initiate implementation of Amendments 

20 and 21 to the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP). Amendment 20 would establish 

a trawl rationalization program for the 

Pacific Coast groundfish fishery. 

Amendment 20’s trawl rationalization 

program would consist of: An 

individual fishing quota (IFQ) program 

for the shore-based trawl fleet 

(including whiting and non-whiting 

sectors); and cooperative (coop) 

programs for the at-sea (whiting only) 

mothership (MS) and catcher/processor 

(C/P) trawl fleets. The trawl 

rationalization program is intended to 

increase net economic benefits, create 

individual economic stability, provide 

full utilization of the trawl sector 

allocation, consider environmental 

impacts, and achieve individual 

accountability of catch and bycatch. 

Amendment 21 would establish fixed 

allocations for limited entry (LE) trawl 

participants. These allocations are 

intended to improve management under 

the rationalization program by 

streamlining its administration, 

providing stability to the fishery, and 

addressing halibut bycatch. 

NMFS is reviewing Amendments 20 

and 21 in their entirety. However, due 

to the complexity of the proposed 

fishery management measures, this rule 

proposes only certain key components 

that would be necessary to have permits 

and endorsements issued in time for use 

in the 2011 fishery and in order to have 

the 2011 specifications reflect the new 

allocation scheme. Specifically, this rule 

would establish the allocations set forth 

under Amendment 21 and establish 

procedures for initial issuance of 

permits, endorsements, quota shares, 

and catch history assignments under the 

IFQ and coop programs. In addition, the 

proposed rule would restructure the 

entire Pacific Coast groundfish 

regulations to more closely track the 

organization of the proposed 

management measures and to make the 

total groundfish regulations more clear. 

NMFS plans to propose additional 

program details in a future proposed 

rule. Such additional details would 

include: Program components 

applicable to IFQ gear switching, 

observer programs, retention 

requirements, equipment requirements, 

catch monitors, catch weighing 

requirements, coop permits/agreements, 

first receiver site licenses, quota share 

accounts, vessel quota pound accounts, 

further tracking and monitoring 

components, and economic data 

collection requirements. In order to 

encourage more informed public 

comment, this proposed rule includes a 

general description of these additional 

program requirements. NMFS is also 

planning a future ‘‘Cost-Recovery’’ rule 

based on a recommended methodology 

yet to be developed by the Pacific 

Fishery Management Council (the 

Council). 

DATES: Comments on this proposed rule 

must be received no later than 5 p.m., 

local time on July 12, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–AY68, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal, at http:// 

www.regulations.gov. 

• Fax: 206–526–6736; Attn: Jamie 

Goen. 

• Mail: Barry Thom, Acting Regional 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; Attn: Jamie 

Goen. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (if 

submitting comments via the Federal eRulemaking portal, enter ‘‘N/A’’ in the 

relevant required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. Written 

comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this proposed rule may be 

submitted to NMFS, Northwest Region, 

e-mailed to 

David_Rostker@omb.eop.gov; or faxed to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen, 206–526–4656; (fax) 206– 

526–6736; Jamie.Goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This proposed rule is accessible via 

the Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and 

documents, including the Draft 

Environmental Impacts Statements for 

Amendment 20 and Amendment 21, are 

available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

Although this proposed rule would 

implement only certain portions of 

Amendments 20 and 21, NMFS is 

reviewing both Amendments 20 and 21 

in their entirety. On May 12, 2010, 

NMFS published a notice of availability 

of Amendments 20 and 21, and— 

consistent with requirements of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA)—must make a decision to 

approve, disapprove, or partially 

approve the amendments by September 

8, 2010. Comments on the approvability 

of the amendments must be submitted 

to NMFS by August 9, 2010. This 

preamble provides information about 

the full contents of each amendment for 

the purposes of promoting informed 

public comment. Detailed provisions 

regarding features of the proposed rule 

are provided where applicable. In 

addition, section IV of this preamble 

highlights what the main regulatory 

changes would be. 

I. Background: Current Management 

Approach and Need for Change 

The Pacific Coast Groundfish FMP 

covers a diverse mixture of species 

occurring in close association and 

proximity in the Pacific off the states of 

Washington, Oregon, and California. 

The trawl rationalization program 

would consist of: (1) An individual 

fishing quota (IFQ) program for the 

shore-based trawl fleet and (2) 

cooperative (coop) programs for the atsea trawl fleet. The shore-based trawl 

fleet would include IFQ participants 

who land groundfish to shore-based 

processors or first receivers. The at-sea 

trawl fleet would include fishery 

participants harvesting whiting with 


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midwater trawl gear (i.e., whiting 

catcher/processor vessels, whiting 

motherships, and whiting catcher 

vessels associated with motherships). 

The co-op programs for the at-sea trawl 

fleet are further divided as follows: (1) 

A single whiting catcher/processor coop; and (2) one or more whiting 

mothership co-ops may form, or vessels 

may choose to fish in a non-coop fishery 

which would be unaffiliated with a 

coop. For the coop and non-coop 

fishery, vessel owners pool their harvest 

together. 

The IFQ program for the shore-based 

fleet would require NMFS to make an 

initial allocation of harvest quota share 

(QS) (expressed as a percentage of the 

total sector amount) through a new QS 

permit to current owners of limited 

entry trawl permits and shore-based 

whiting first receivers who meet the 

qualifying criteria. Depending on a 

person’s limited entry trawl permit 

history in qualifying years, the permit 

owner will receive an initial allocation 

for various target species/species groups 

(∼20 species), some with area 

designations. In addition, NMFS would 

allocate QS for overfished species based 

on a proxy of the amount of target 

species allocated to the quota share 

holder. Shore-based whiting first 

receivers will receive an initial 

allocation of whiting only, based on 

their history of being the first receiver 

reported on state fish tickets (with an 

opportunity to reassign their history). 

Each year, based on the optimum yield 

amounts for each species and the 

amount of QS a holder has for a 

particular species/area, NMFS would 

allocate quota pounds to the QS 

account. The QS owner in turn, must 

allocate quota pounds to vessel 

accounts. Vessels are required to have 

IFQ or quota pounds in an account to 

cover all IFQ landings and discards 

incurred while fishing under this 

program. In order to comply with the 

MSA, NMFS would track ownership 

interest in QS to determine if 

individuals are within set accumulation 

limits, both at the initial allocation stage 

and during the operation of the 

program. In Amendment 20, the Council 

has adopted limits (by species group 

and area) on the amount of QS an 

individual can control (i.e. control 

limits) and limits on the amount of 

quota pounds that may be registered to 

a vessel for use in a given year. 

For the at-sea whiting component of 

the trawl rationalization program, the 

Council has adopted a program that 

provides for a C/P coop and MS coops 

that differ from how the coops have 

operated in the past. The C/P coop will 

not require an initial allocation of catch 

shares to individual vessels, provided 

that a coop is established. However, 

whiting catch shares for the MS fleet 

(called catch history assignments) 

would initially be allocated to 

qualifying limited entry trawl permits 

that were registered to catcher vessels in 

qualifying years and which were used in 

the mothership whiting fishery. Holders 

of qualifying permits that are allocated 

a whiting catch history assignment may 

choose to participate in the MS coop or 

non-coop fishery. Similar to the shorebased IFQ program, NMFS would be 

required to track permit ownership 

interests in the MS sector to determine 

if individuals are in compliance with 

accumulation limits. 

The FMP features different 

management strategies for different 

species, locales, vessels and processing 

arrangements. These different 

management regimes are often referred 

to as ‘‘sectors.’’ Current management 

divisions pertain to tribal vs. non-tribal, 

trawl vs. non-trawl (fixed gear); limited 

entry vs. open access; commercial vs. 

recreational; whiting vs. non-whiting; 

shore-based whiting vs. at-sea whiting; 

and at-sea whiting MS operations vs. atsea whiting C/Ps. 

A. Sector Management and Allocations 

Currently, the Pacific Coast 

groundfish fishery consists of several 

different sectors, defined by fishing 

gear, species targeted, and regulatory 

context. Under current management, the 

annual optimum yield (OY) is first 

reduced to a commercial harvest 

guideline (commercial HG) by 

subtracting from the OY amounts of fish 

necessary for tribal fisheries, bycatch for 

exempted fishing permits (EFPs), and 

estimates of research catch, recreational 

catch, and bycatch in non-groundfish 

fisheries. Subtracting these amounts 

produces the commercial HG, which 

NMFS then divides between two main 

sectors: Limited entry (LE) and open 

access (OA). The LE sector is further 

subdivided into the fixed gear and trawl 

subsectors. Within the LE trawl 

subsector, there is an additional 

division between whiting and nonwhiting trawl fisheries. The non-whiting 

trawl fishery consists primarily of a 

shore-based multi-species fishery 

generally conducted with bottom trawl 

gear. The whiting trawl fishery consists 

of three different fleets: Shore-based, 

MS, and C/P (all of which fish only with 

midwater trawl gear). 

Within the whiting trawl fishery, 

whiting available to the commercial 

fisheries is already allocated among the 

shore-based, MS, and C/P sectors as 

follows: 42 percent, 24 percent, and 34 

percent, respectively. (See existing 

regulations at 50 CFR 660.323.) This 

allocation would not change. 

Trawl Target Species (Including Pacific 

Whiting Fisheries) 

The list of current trawl target species 

includes flatfish, roundfish, 

thornyheads, and a few species of 

rockfish. Primary flatfish target species 

include Petrale sole and Dover sole. 

Roundfish target species include Pacific 

whiting, Pacific cod, and sablefish. 

However, seven rockfish species, which 

co-occur with the target stocks and can 

be caught with trawl gear, are currently 

declared overfished pursuant to the 

MSA. The need to rebuild these stocks 

to a healthy size has led to a variety of 

harvest constraints on groundfish 

fisheries, and rockfish are generally no 

longer a target of these fisheries. 

Limited Entry Trawl, Limited Entry 

Fixed Gear vs. Open Access 

The groundfish trawl fishery is 

subject to a Federal license limitation 

program (referred to as limited entry), 

implemented in 1994; currently there 

are 178 groundfish LE trawl permits. 

Groundfish fixed gear fisheries—using 

longline and pot gear—are also managed 

under the limited entry program. Some 

groundfish are caught and landed by 

vessels without an LE permit; these 

vessels comprise the ‘‘open access’’ 

sector, which has directed and 

incidental components. 

Limited Entry Trawl Whiting vs. NonWhiting 

The LE trawl fishery is divided into 

two broad sectors: A multi-species trawl 

fishery, which most often uses bottom 

trawl gear (hereafter called the nonwhiting sector), and the whiting fishery, 

which uses midwater trawl gear. The 

non-whiting trawl fishery is principally 

managed through two month 

cumulative trip limit periods along with 

closed areas to limit overfished species 

bycatch. Non-whiting trawlers target the 

range of species described above with 

the exception of Pacific whiting. 

LE Trawl Whiting Components 

In most years, less than 2 percent of 

the catch in the Pacific whiting fishery 

are species other than Pacific whiting, 

although overfished species that cooccur with Pacific whiting are also 

caught. The whiting fishery is further 

subdivided into three sectors. The 

shore-based fishery delivers their catch 

to processing facilities on land, and the 

vessels are similar in size and 

configuration (with the exception of the 

type of net used) to the non-whiting 

trawl fishery vessels. In the MS sector, 

catcher vessels deliver to at-sea 


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processors called ‘‘motherships’’. Most 

of the MS-sector catcher vessels also 

participate in the shore-based whiting 

fishery. The C/P sector comprises 

vessels that catch Pacific whiting and 

process it on board. 

B. Need for Amendment 20 

In its June 2004, scoping document, 

the Council described the problem that, 

despite the recent Federal buyback 

program that retired several trawl 

permits (70 FR 45695, August 8, 2005), 

management of the groundfish trawl 

fishery was still facing serious 

biological, social, and economic 

concerns. The trawl fishery is currently 

viewed by the Council as economically 

unsustainable. 

Bycatch, especially bycatch of 

overfished species, was identified as a 

major problem. All direct harvest of 

overfished species had been prohibited 

and numerous closed areas were 

implemented; however, due to the 

multispecies nature of the fishery, it is 

generally not possible to avoid catching 

the overfished species. As a result, 

harvests of healthy species were being 

constrained in order to protect the 

overfished species. As noted in the 

scoping document, management relies 

on average estimated discard (bycatch) 

rates to predict bycatch. The harvest is 

then constrained by these bycatch 

predictions. The discard rate estimates 

are fixed for a season and change over 

time only as new information becomes 

available from the observer program. 

This creates a situation where there may 

be little incentive for fishermen to avoid 

bycatch on an individual vessel level. 

The average estimated bycatch rate 

has been controversial. Also, different 

fishing interests have expressed 

different opinions about the pace of the 

fishery. Some prefer a year-round 

groundfish fishery, while others prefer a 

more seasonal fishery. The current 

system is not flexible enough to 

accommodate both interests or to 

respond to changes in markets, weather, 

or harvest conditions. The ability to 

react to changing conditions is 

important if the goal is an efficient 

fishery that is safe for participants. 

Accordingly, the following problems 

were initially identified with the current 

management regime: 

• The bycatch rate is uncertain. 

• There are limited incentives for 

fishermen to reduce bycatch. 

• Opportunities to harvest target 

species are lost. 

• The system cannot accommodate 

the variety of harvest patterns desired 

by fishermen. 

• The system cannot respond quickly 

to changes in markets, weather, etc. 

• Communities are challenged by 

uncertainty in the industry. 

Through an iterative public process, 

the Council refined these issues into 

this goal for Amendment 20: 

Create and implement a capacity 

rationalization plan that increases net 

economic benefits, creates individual 

economic stability, provides for full 

utilization of the trawl sector allocation, 

considers environmental impacts, and 

achieves individual accountability of catch 

and bycatch. 

The Council further identified eight 

specific objectives to support 

achievement of the goal: 

1. Provide a mechanism for total catch 

accounting. 

2. Provide for a viable, profitable, and 

efficient groundfish fishery. 

3. Promote practices that reduce 

bycatch and discard mortality, and 

minimize ecological impacts. 

4. Increase operational flexibility. 

5. Minimize adverse effects from an 

IFQ program on fishing communities 

and other fisheries to the extent 

practical. 

6. Promote measurable economic and 

employment benefits through the 

seafood catching, processing, 

distribution elements, and support 

sectors of the industry. 

7. Provide quality product for the 

consumer. 

8. Increase safety in the fishery. 

Because OY on healthy stocks is 

constrained by rebuilding needs of cooccurring overfished stocks, 

Amendment 20 is intended to 

implement an approach that will 

support attainment of OY while 

improving bycatch avoidance and 

supporting rebuilding. 

C. Purposes of Amendment 21 

The purposes of Amendment 21 are 

to: Simplify or streamline future 

decisions by establishing allocations of 

specified groundfish stocks and stock 

complexes within the Pacific Coast 

Groundfish FMP; support 

rationalization of the LE trawl fishery 

(Amendment 20) by providing more 

certainty to the affected sectors and 

reducing the risk that these sectors 

would be closed because of other nontrawl sectors exceeding their allocation; 

facilitate individuals’ ability to make 

long-range planning decisions based on 

the allocation of harvest privileges; 

support overall total catch accounting of 

groundfish species by the group within 

the trawl sector; and limit the bycatch 

of Pacific halibut in future LE trawl 

fisheries. 

Under the IFQ and harvest 

cooperative systems proposed under the 

Amendment 20 trawl rationalization 

program, it would be critical to reduce 

the risk that sectors would be closed 

because of other sectors exceeding their 

allocation. Reducing this risk is 

important in order to prevent a race for 

fish that could occur if QP holders or 

coop fishermen thought other sectors 

would close them down because of 

overages. 

To the extent that Amendment 21 

supports implementation of 

Amendment 20, it would also contribute 

to the anticipated benefits of individual 

accountability for catch and bycatch, 

and improved overall total catch 

accounting of groundfish species by the 

group with the largest amounts of 

groundfish catch, the trawl sector. By 

limiting the bycatch of Pacific halibut in 

the LE trawl fisheries, Amendment 21 

would control bycatch and could 

provide increased benefits to 

Washington, Oregon, and California 

fishermen targeting Pacific halibut. 

Uncertainty existed regarding whether 

the allocations in Amendment 21 

superseded the allocations to the open 

access fishery established when the 

limited entry fishery began. The Council 

has clarified that these allocation are to 

supersede the earlier open access 

allocation for the species allocated 

under Amendment 21. 

II. Amendment 20 Program Description 

After considering alternatives, 

including the status quo, the Council 

recommended Amendment 20, which 

divides the trawl fishery into three main 

management sectors: Shore-based 

(whiting and non-whiting) to be 

managed by IFQs; and the MS and C/P 

sectors (at-sea whiting), both to be 

managed by separate coop programs. 

The shore-based trawl fleet would 

consist of IFQ participants who land 

groundfish to shore-based processors, or 

other entities that receive but do not 

process the groundfish. Both are 

referred to as first receivers. The at-sea 

trawl fleet would consist of fishery 

participants harvesting and processing 

whiting (i.e., whiting C/P vessels, 

whiting motherships that process 

whiting at sea, and whiting catcher 

vessels that deliver to motherships). The 

at-sea trawl fleet would be further 

divided as follows: (1) The whiting 

C/P sector; and (2) the whiting MS 

sector. The MS sector program may 

include multiple coops where vessels 

pool their harvest together to form 

fishing cooperatives, as well as vessels 

not associated with a coop (i.e., the 

‘‘non-coop’’ segment of the MS fishery). 

A key feature of the trawl 

rationalization program would be a shift 

from the current catch accounting 

system (that uses fleetwide estimates of 


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discards based on an observer sampling 

system that has 20-percent coverage) to 

an ‘individual accountability’ system 

where all catch by shore-based vessels 

would count against individual 

participants’ shares, including both 

retained and discarded catch, based on 

100 percent observer coverage on 

vessels and 100 percent monitoring of 

the vessel’s offload in the plants (called 

‘‘catch monitoring’’). Under the current 

management system, shore-based 

fishermen fish against bimonthly trip 

limits and annual fleetwide quotas and 

have no direct accountability for 

discards. Under the proposed system, 

shore-based fishermen would fish 

against ‘‘individual’’ quotas, against 

which their discards would count. 

Thus, fishermen would have a strong 

incentive to fish in a manner that 

reduces discards because excessive 

discards would either lead to shortening 

their fishing season when their quota is 

reached, or greater costs to them if they 

had to buy additional quota from other 

quota holders. 

The management approaches set forth 

in the trawl rationalization program 

would consist of different types of 

limited-access approaches. These 

limited-access approaches grant 

permission to the holder of the privilege 

or permit to participate in the program. 

Such permission may be revoked, 

limited, or modified at any time. In 

other words, it is a conditional 

privilege. 

Amendment 20 would include 

features such as annual renewal 

requirements and regular program 

reviews to ensure program goals are 

being met, provide NMFS the ability to 

review, track, and monitor program 

implementation and needs, and prevent 

the perception that the program confers 

‘‘rights’’ as opposed to privileges. 

Amendment 20 establishes programs 

that are ‘‘limited-access privilege 

programs,’’ which are consistent with 

the MSA provisions at section 303A. 

Limited-access privileges, including the 

quota shares, quota pounds, and catch 

history assignments, may be revoked, 

limited or modified at any time in 

accordance with the MSA—and do not 

create any right of compensation to the 

holder of the limited-access privilege, 

quota share, quota pound, or catch 

history assignment if it is revoked, 

limited or modified. The limited-access 

privilege program does not create any 

right, title, or interest in or to any fish 

before the fish is harvested by the 

holder and shall be considered a grant 

of permission to the holder of the 

limited-access privilege to engage in 

activities permitted by the limitedaccess privilege program. For further 

statutory provisions related to limitedaccess privileges, see section 303A of 

the MSA. 

Section 303A contains an ‘‘antitrust 

savings clause’’ that provides that 

‘‘nothing in this Act shall be construed 

to modify, impair, or supersede the 

operation of any of the antitrust laws. 

For purposes of the preceding sentence, 

the term ‘antitrust laws’ has the 

meaning given such term in subsection 

(a) of the first section of the Clayton Act, 

except that such term includes section 

5 of the Federal Trade Commission Act 

to the extent that such section 5 applies 

to unfair methods of competition.’’ 

NOAA advises that any fishery 

participants who are uncertain about the 

legality of their activities under the 

antitrust laws of the United States 

should consult legal counsel prior to 

commencing those activities. NOAA 

intends to restate this advice in the 

regulations for the program components. 

A. IFQ Program Details 

IFQs offer a powerful accountability 

measure for maintaining catch levels 

within limits (as required by the MSA). 

The IFQ program would feature 

complete accounting for all catch, both 

landings and discards, and would 

facilitate accountability down to the 

individual vessel level. 

1. Structure Overview 

Amendment 20 would establish an 

IFQ program for the shore-based LE 

trawl fleet. The IFQ program would 

apply to a specified list of species, set 

forth in § 660.140(c) of the proposed 

rule, which includes both whiting and 

non-whiting species. The program 

would apply to shore-based harvesters 

with LE permits and first receivers, and 

would apply to all trips with IFQ 

species delivered shoreside. The IFQ 

program would provide for total catch 

accounting and individual vessel 

responsibility. This means that both 

landed catch and discards would count 

against the quota pounds in an 

individual vessel’s vessel account. 

Accountability for landings and 

discards are expected to increase the 

certainty managers have regarding 

fishing mortality, which in turn is 

expected to foster the rebuilding of 

overfished species and help prevent 

overfishing. Furthermore, the increased 

observation necessary to monitor 

landings and discard is expected to 

increase the information flow on the 

status of the fishery as the fishery 

occurs. Finally, responsibility for 

landings and discards—and the 

monitoring necessary for that type of 

management—is expected to increase 

accounting ability and result in changes 

to fishing behavior, which include a 

reduction in the bycatch rate of 

constraining stocks and a reduction in 

regulatory discarding. 

To implement the IFQ program, 

NMFS would divide the trawl allocation 

for these species between the IFQ and 

at-sea whiting sectors. NMFS would 

then divide the IFQ allocation among 

individual participants as percentages of 

the total sector allocation. This 

individual apportionment of catch 

percentage would be called Quota Share 

(QS). Each year, the percentage of catch 

represented by the QS would be 

converted into poundage based on the 

total amount of catch available to the 

sector. This poundage would be known 

as Quota Pounds (QP). The QP would be 

issued to the QS permit owner, but in 

order to be fished, the QP would have 

to be transferred into a vessel account. 

In order to land an IFQ species, a 

vessel’s account would be required to 

contain sufficient QP to cover the catch 

within 30 days of the landing. Special 

provisions for addressing overages are 

discussed below in section II.A.7 of this 

preamble. 

Within the IFQ program, vessels 

would be allowed to use a variety of 

directed groundfish commercial gear 

(including non-trawl gear) to take the 

shore-based trawl sector allocation, 

which would thus allow for ‘‘gear 

switching.’’ To prevent the OA and fixed 

gear allocations from being reduced due 

to landings by people with IFQ, catch 

that is made with non-trawl gear by a 

person with QP would count against the 

QP and against the IFQ allocation. In 

addition, QS and QP would be tied to 

specific species groups, areas, and 

sectors. 

The assignment of QP would 

constitute a revocable privilege to 

harvest a certain portion of the trawl 

sector’s allocation within a given year, 

which would not constitute a 

permanent right or privilege. NMFS and 

the Council would review the program 

at regular intervals to determine 

whether the program should be 

continued. Results of these reviews 

could lead to dissolution of the 

program, revocation of QS, or other 

fundamental changes to the program. 

The first review would occur no later 

than 5 years after implementation, with 

subsequent reviews, if applicable, at 4- 

year intervals after that. Holders of QS 

should remain cognizant of this fact 

when making decisions regarding their 

QS, including the buying, selling, and 

leasing of these shares. 

2. IFQ species 

IFQ requirements would apply for 

most species of groundfish under the 


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FMP (although some would still be 

managed collectively at the stockcomplex level, such as remaining minor 

slope rockfish). Dogfish and some 

groundfish species rarely caught by 

trawl gear would be excluded from the 

IFQ program. T o ensure that OY for 

species not covered by the IFQ are not 

exceeded, catch of those species would 

be monitored. 

QS would be assigned for the 

following species: lingcod, Pacific cod, 

Pacific whiting, sablefish north of 

36° N. lat., sablefish south of 36° N. lat., 

Pacific ocean perch, widow rockfish, 

canary rockfish, chilipepper rockfish, 

bocaccio, splitnose rockfish, yellowtail 

rockfish, shortspine thornyhead north of 

34°27′ N. lat., shortspine thornyhead 

south of 34°27′ N. lat., longspine 

thornyhead north of 34°27′ N. lat., 

cowcod, darkblotched rockfish, 

yelloweye rockfish, minor rockfish 

north slope species complex, minor 

rockfish north shelf species complex, 

minor rockfish south slope species 

complex, minor rockfish south shelf 

species complex, Dover sole, English 

sole, petrale sole, arrowtooth flounder, 

starry flounder, and the ‘‘Other Flatfish’’ 

stock complex. 

The purpose of covering species with 

quota is to provide a catch-control tool 

to ensure that management targets are 

adhered to and that other sectors are not 

affected by higher-than-expected catch 

levels in the trawl fishery, or both. In 

determining which species to 

recommend for coverage, the Council 

considered cases in which it would not 

be necessary or appropriate to cover 

certain species, such as species that are 

inaccessible to groundfish trawl gear, 

species that are constrained by the catch 

of other species, species caught 

predominantly within state waters, and 

species encountered in very small 

volumes. For these types of species, 

management through IFQ is not 

necessary for successful management of 

fishing mortality. 

For species not covered by IFQ, trip 

limits and set-asides may still be used 

and would be implemented through the 

biennial specification process. 

For Pacific halibut taken as bycatch in 

the IFQ fishery, Amendment 20 would 

require halibut individual bycatch quota 

(IBQ) to cover the mortality of the 

incidental catch of Pacific halibut in the 

groundfish trawl shore-based fishery. 

This would be a change from the current 

trawl fishery in which there is no cap 

on the amount of halibut caught, 

discarded, or killed. Retention of halibut 

caught under the IBQ would not be 

allowed, which is consistent with the 

current regulations. The purpose of 

establishing an IBQ would be to prevent 

the trawl fishery from preempting or 

constraining the directed halibut 

fishery. The level of halibut mortality 

would be limited by the total catch 

limits proposed in Amendment 21, if 

that amendment is approved. 

3. Who can participate? 

While initial issuance of QS would be 

limited to Limited Entry permit owners 

based on catch history, and whiting 

shoreside processors based on 

processing history, after the initial 

issuance, QP would be immediately 

transferable in increments of whole 

pounds. In addition, after the first 2 

years, QS would become transferable as 

well. The eligibility requirements for 

owning QS and QP would be very 

broad, allowing anyone who meets the 

following criteria to own them: A U.S. 

citizen, permanent resident alien, or 

corporation, partnership, or other entity 

established under the laws of the United 

States or any State that is eligible to own 

and control a U.S. fishing vessel with a 

fishery endorsement. 

a. Initial Issuance 

The Council considered which groups 

should receive QS by initial issuance 

(vessel owners, permit owners, 

processors, communities, skippers and 

crew, or general public through 

auctions, etc.). In consideration of many 

factors—including but not limited to 

dependence on the fishery, economic 

and market factors, fairness and equity, 

community impacts, the ability to 

promote stewardship, and participation 

history—the Council recommended 

dividing the initial issuance as follows: 

The Council recommended that 

harvesters (those holding LE permits for 

trawl vessels) be given an initial 

allocation of 90 percent of the nonwhiting QS and 80 percent of the 

whiting QS. Ten percent of the QS for 

non-whiting species would be set aside 

for an adaptive management program 

(AMP), and eligible shoreside 

processors would receive 20 percent of 

the whiting QS. After the first 2 years, 

transferability would likely affect these 

initial distribution ratios. 

The AMP is intended to be used after 

the first 2 years to address the following 

objectives: Community stability, 

processor stability, conservation, and 

unintended or unforeseen consequences 

of IFQ management. During the first 2 

years of the program, the AMP QP 

would be issued (‘‘passed through’’) to 

all QS holders pro rata. During the first 

2 years of the program, the Council 

intends to develop the procedures and 

formulas for distributing the AMP quota 

set aside starting in year 3 of the 

program; this could require a 

recommendation to NMFS, as well as a 

proposed and final rulemaking in order 

to approve and implement it. 

The Council also considered whether 

the initial issuance of QS in the 

harvesting sector should be allocated to 

the vessel owner or the LE permit 

owner. Because the ownership of the 

permit better reflects the amount of 

investment in the fishery than the 

ownership of the vessel, and the permit 

is what authorizes the participation in 

the fishery, the Council recommended 

attaching the initial issuance to the 

qualifying permits. Subsequent 

transfers, as well as potential additional 

distributions, would allow for 

additional groups to buy into the 

fishery. 

The Council also considered the 

highly controversial issue of allocation 

of harvest shares to processors. Several 

alternatives concerning the initial 

issuance of harvest QS to processors 

were considered, ranging from fifty 

percent of QS for all whiting and nonwhiting IFQ species, to zero percent of 

QS for all IFQ species, to amounts 

within this range for whiting only. In its 

deliberation on this issue, the Council 

explored the issue of investment in the 

fishery, the role of ownership of QS in 

the conservation benefits of a catch 

share program, and the importance of a 

strong working relationship between the 

community, processors, and the 

harvesters. The Council’s final 

recommendation was to provide to 

eligible shoreside processors twenty 

percent of the initial issuance of whiting 

QS only. The Council’s rationale in 

choosing the preferred alternative 

focused on the need to carefully 

consider the balance of market power 

between harvesters and processors, as 

well as the importance to communities 

of maintaining processing capabilities 

along the coast. The Council believed 

that an initial allocation of twenty 

percent of the whiting resource to 

eligible shoreside processors struck an 

appropriate compromise among these 

multiple factors. In addition, the 

Council believed that the AMP could be 

used to lessen potential impacts to 

processors and communities. 

i. Eligibility and Qualifying Criteria for 

Initial Issuance of QS 

Both harvesters and shore-based 

processors could receive QS permits if 

they meet the initial eligibility and 

qualifying criteria. 

(A) Eligibility and Qualifying Criteria 

for Harvesters 

A harvester may apply for initial 

issuance of both whiting and nonwhiting QS. To be eligible, the harvester 


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would need to own a LE trawl-endorsed 

permit. The Council considered that the 

significant investment in vessels and 

permits provide a good indicator of who 

should be eligible to apply among the 

fleet. 

After considering several possible 

time periods to serve as the qualifying 

period, the Council recommended the 

years 1994–2003 for non-overfished 

species. These years represent the 

period of time from the beginning of the 

license limitation period through the 

announcement of the trawl 

rationalization control date. Dates prior 

to 1994 would not have permit histories 

because the LE system under which the 

permits were issued was not 

implemented until 1994. Other potential 

start dates between 1994 and 2003 were 

considered, including 1997 (the first 

year of fixed allocations among the three 

whiting sectors), 1998 (to exclude older 

histories), 1999 (the year of the first 

major reductions in response to 

overfished determinations), and 2000 

(the year disaster was declared and 

fishing opportunities were significantly 

constrained and modified). The Council 

also considered 2004 as a later end date 

to the qualifying period, but determined 

that using 2004 would reward 

speculative entrants who chose to 

ignore the control date, create 

perceptions of inequity, and undermine 

the ability of the Council to use control 

dates in the future. 

The recommended range of years from 

1994–2003 would include fishing 

patterns from under a variety of 

circumstances, would recognize longtime users of the fishery, and is 

intended to mitigate disruptive effects 

experienced by communities as a result 

of geographic effort shifts. In addition, 

the dropping of the two worst years for 

whiting, or the three worst years for 

non-whiting, as well as the calculation 

of ‘‘relative history’’ (described below), 

is intended to mitigate against hardship 

cases and could reduce the requests 

regarding special circumstances and 

appeals. 

Determination of overfished species 

QS would be based upon bycatch rates 

for different target species and areas and 

vessel logbook area distribution data 

from the years 2003–2006. This time 

period is used because the Council 

intended to accommodate more recent 

fishing patterns and spatial trends—and 

to provide the allocations of bycatch to 

those most in need of such allocations 

for the purpose of targeting healthy 

stocks. The Council declined to use 

catch history of these species as a basis 

for allocation because it would reward 

those who targeted these species in 

recent years. 

(B) Eligibility and Qualifying Criteria for 

Processors 

A shoreside processor may apply for 

initial issuance of whiting QS only. To 

be eligible, the processor would need to 

have received at least 1 metric ton of 

whiting from whiting trips (defined as a 

fishing trip where greater than or equal 

to 50 percent of all fish reported on the 

state landing receipt is whiting) in each 

year of at least two of the years from 

1998–2004. The Council considered the 

greater likelihood of transient 

participation among processors, and 

therefore included the additional 

criteria of the minimum receipt 

requirement to demonstrate substantial 

participation. 

For eligibility for initial issuance, 

‘‘shoreside processor’’ would be defined 

as an operation on U.S. soil that takes 

delivery of trawl-caught groundfish that 

has not been processed and that 

thereafter engages that fish in shoreside 

processing activities, which include 

cutting groundfish into smaller portions; 

freezing, cooking, smoking, or drying 

groundfish; packaging that groundfish 

for resale into 100 pound units or 

smaller for sale or distribution into a 

wholesale or retail market; and the 

purchase of live groundfish from a 

harvesting vessel and redistribution in 

to a wholesale or retail market. Entities 

that received fish that have not 

undergone at-sea processing or 

shoreside processing and sell that fish 

directly to consumers would not be 

considered a processor for purposes of 

QS allocations. 

The best official data that can be used 

to identify a processor that processed 

whiting on shore are the state landing 

receipts signed by the first receiver of 

the whiting. In a few cases, the first 

receiver that signed the landing receipts 

is not in fact the first processor of the 

whiting. Because of this, the process 

established to issue whiting QS to 

processors will allow the first receiver 

to apply for the QS. If the first receiver 

is not in fact the first processor, these 

regulations establish a process whereby 

the initial issuance of the QS could be 

issued to the first processor through 

agreement by the first processor and 

first receiver, or by a separate request for 

correction submitted by the first 

processor. 

(C) Calculation of QS 

The Council developed formulas to 

determine initial issuance allocations of 

QS. The allocation formulas are based 

on vessel landings or processor receipt 

histories within the shoreside sector. 

Under the proposed rule, NMFS would 

use data from the Pacific Fisheries 

Information Network (PacFIN) of the 

Pacific States Marine Fisheries 

Commission to derive these histories. 

In developing the allocation formulas, 

the Council considered whether to 

calculate QS based on a harvester’s 

landings or processor’s receipt history 

as expressed in absolute pounds or by 

the applicant’s relative history. Relative 

history computes an applicant’s history 

as a percentage of effort within the 

sector, rather than in absolute pounds, 

in order to take into account changes in 

fishing and processing opportunity 

between years. An example to illustrate 

the concept of relative history can be 

shown using a hypothetical fishery with 

one species, three permits, and four 

years. The permits’ absolute catch 

history for each year, expressed as 

species weight, follows: 

Year 1 Year 2 Year 3 Year 4 

Permit 1 ........................................................................................................... 300 100 200 200 

Permit 2 ........................................................................................................... 500 600 300 200 

Permit 3 ........................................................................................................... 400 1200 400 100 

Sector Total .............................................................................................. 1200 1900 900 500 

The relative history for each permit 

would express each permit’s catch in 

terms of a percentage of the total catch. 

Thus, in this hypothetical example, the 

permit’s catch history would be divided 

by the total catch history of all permits 

in the sector. The relative history of this 

hypothetical fishery would look like 

this: 


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Year 1 

(percent) 

Year 2 

(percent) 

Year 3 

(percent) 

Year 4 

(percent) 

Permit 1 ........................................................................................................... 25 5 22 40 

Permit 2 ........................................................................................................... 42 32 33 40 

Permit 3 ........................................................................................................... 33 63 44 20 

Sector Total .............................................................................................. 100 100 100 100 

For calculating QS, some calculations 

drop years with the lowest relative 

history before summing all relative 

histories, with the QS determined by 

dividing the permit’s total relative 

histories by the aggregate total for the 

sector. This can be shown in this 

hypothetical example by demonstrating 

one dropped year as follows (each 

permit’s lowest relative history is 

crossed out and not counted in the total 

relative history for the permit or year in 

which it occurs): 

Year 1 

(percent) 

Year 2 

(percent) 

Year 3 

(percent) 

Year 4 

(percent) 

Total 

(sum of relative 

histories, less 

worst year) 

(percent) 

QS Allocation 

(permit total relative history/total 

of sector relative 

histories) 

(percent) 

Permit 1 ........................................ 25 5 22 40 87 25.36 

Permit 2 ........................................ 42 32 33 40 115 33.53 

Permit 3 ........................................ 33 63 44 20 140 40.82 

Sector Total (less worst 

years) ................................ 100 63 100 80 343 100.00 

The calculation of relative history 

uses all catch history associated with 

the sector, regardless of whether all of 

that catch qualifies for QS, in order to 

demonstrate the permit or processor’s 

actual performance relative to other 

participants. 

The Council recommended specific 

allocation formulas for determining the 

initial amount of QS each eligible entity 

would receive. For harvesters, 

calculation of QS under this program 

would differ based on the eligibility of 

the underlying permits. The QS 

associated with the history of permits 

retired in the buyback program for all 

species (except incidentally-caught 

overfished species other than canary) 

would be distributed equally among the 

remaining qualified permits. The QS 

pool associated with the buyback 

permits would be the buyback permit 

history as a percent of the total fleet 

history for the allocation period, based 

on absolute pounds with no dropped 

years or other adjustments (about 44 

percent of the QS would be allocated in 

this fashion). 

The remaining harvester QS after 

computing the equal distribution would 

be calculated based on the history 

associated with each harvester’s own 

current limited entry trawl permit. 

Different allocation formulas are used 

for whiting trips and non-whiting trips, 

as well as different formulas for target 

species and incidentally-caught 

overfished species in non-whiting trips. 

For initial issuance, a whiting trip 

would be defined as a fishing trip where 

greater than or equal to 50 percent of all 

fish reported on the state landing receipt 

are whiting (a non-whiting trip for 

purposes of initial issuance would be a 

fishing trip where less than 50 percent 

of all fish reported on the state landing 

receipt are whiting). For calculating QS 

based on a permit’s landing history, 

NMFS would combine the landings 

histories of permits that have been 

combined. If two or more permits are 

registered to a single vessel, then NMFS 

would divide the landings history 

evenly among the permits. Landings 

history associated with provisional ‘‘A’’ 

permits that did not result in an ‘‘A’’ 

permit and landings associated with ‘‘B’’ 

permits would not be used; these 

permits no longer exist. 

Within the regulations deemed by the 

Council as necessary or appropriate 

under the Magnuson Act, there were 

regulations where the Council expected 

NMFS to undertake the following when 

allocating catch history: ‘‘After applying 

standard PacFIN species composition 

algorithms and where the resulting 

species categorizations do not match 

IFQ species categories, NMFS will 

assign species to an IFQ species 

category based on other information 

from state landings receipts or logbook 

information in PacFIN.’’ As discussed in 

Appendix A to the Draft Environmental 

Impact Statement (DEIS) for 

Amendment 20 (see Tables A–57 and 

A–58), most of this issue concerns 

unspecified rockfish within the minor 

rockfish north and south IFQ categories. 

NMFS is unsure that such an analysis 

can be reasonably undertaken given the 

Council’s staff estimate that about 

25,000 fish tickets would have to be 

reviewed. As noted in Appendix A, this 

could be a source of appeal: ‘‘Another 

area in which some discretion will be 

exercised is the classification of fish 

ticket records for which species remains 

unspecified, even after the application 

of species composition information 

(unspecified flatfish and unspecified 

rockfish). Unspecified flatfish can be 

reasonably assigned to the ‘‘Other 

Flatfish’’ category. Unspecified rockfish 

is most likely remaining shelf rockfish 

but might also be remaining nearshore 

rockfish (outside the scope of the IFQ 

program) or remaining slope rockfish. A 

more accurate determination may be 

made by considering other species listed 

on the fish ticket as well as any logbook 

data that can be correlated with a 

particular trip. Judgments made in the 

application of this ancillary data to 

determine the correct attribution for 

unspecified rockfish may be a source of 

appeal. Data on the extent of this issue 

is provided in Section A–2.1.3. The 

precautionary note regarding changing 

fish tickets is included in response to 

rumors that during the license 

limitation program implementation state 

agency personnel were changing fish 

tickets at fishermen’s requests without 

realizing the implications with respect 

to the license limitation permit issuance 

process.’’ 


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NMFS highlights this issue to request 

comments specifically on whether the 

agency should use information other 

than PacFIN data to assign species to an 

IFQ species category when such action 

would be impracticable in that it would 

be extremely time consuming and result 

in information that would not 

necessarily be accurate. 

The Council also adopted language 

that stated: ‘‘History for illegal landings 

will not count for allocation of QS. 

Landings made under non-whiting 

Experimental Fishing Permits (EFPs) 

that are in excess of the cumulative 

limits in place for the nonEFP fishery 

will not count toward an allocation of 

QS.’’ However, the draft regulations 

deemed as necessary or appropriate 

under the Magnuson Act, by the Council 

stated that ‘‘Landings identified as being 

in excess of the cumulative landings 

limits in place (e.g., illegal landings, 

non-whiting EFP landings, etc.) will not 

count toward the allocation of QS.’’ The 

proposed regulation at 

§ 660.140(d)(8)(iii)(A)(5) differs from 

what the Council initially deemed in 

order to match the language adopted by 

the Council. NMFS would rely upon 

information reported into the state fish 

ticket system (as documented in the 

PacFIN database) to identify such 

landings. 

Allocations of QS based on a LE 

trawl-endorsed permit’s catch history 

from whiting trips would be calculated 

from the permit’s relative history from 

1994–2003, dropping the two years with 

the worst relative history. Allocations 

for incidental catch in the whiting 

fishery would be made pro rata based on 

the qualifying permit’s whiting history, 

meaning QS of bycatch species from 

whiting trips would be allocated at the 

same percent as whiting QS. Allocations 

of QS based on a LE trawl-endorsed 

permit’s catch history for certain target 

species from non-whiting trips (called 

‘‘Group 1’’ species in the proposed rule) 

would be calculated from the permit’s 

relative history from 1994–2003, 

dropping the three years with the worst 

relative history. 

Allocations of QS based on a LE 

trawl-endorsed permit’s catch history 

for incidentally-caught overfished 

species from non-whiting trips (‘‘Group 

2’’ and ‘‘Group 3’’ species in the 

proposed rule) would be calculated by 

a formula that takes into account 

average bycatch rates based on 2003– 

2006 data from the West Coast 

Groundfish Observer Program 

(WCGOP), specific depth and latitude 

distributions determined from vessel 

logbook data, and the permit’s QS 

allocations of certain target species. 

Bycatch rates specified in the proposed 

rule have been calculated by the NMFS’ 

Northwest Fishery Science Center, and 

may be modified in the final rule for 

greater precision. To determine the 

weighting of various target species 

against which bycatch rates would be 

applied, NMFS would calculate a 

permit’s estimated QP based on shortterm non-whiting allocations applied to 

2011 harvest specifications (initial 

calculations would be based on 

projections, subject to revision pending 

final specifications). The goal would be 

to address the QS recipient’s need to 

cover incidental catch on non-whiting 

trips under current fishing practices. In 

order to make sure each qualifying 

permit receives an initial allocation of 

canary rockfish QS (‘‘Group 3’’ species 

in the proposed rule), as described 

above, the landings history of vessels 

bought out through the buyback 

program for canary rockfish would be 

distributed evenly among qualifying QS 

permits. 

Allocation of QS from whiting trips 

and from non-whiting trips would be 

calculated separately and weighted 

according to short-term allocations 

between whiting and non-whiting as set 

forth in 660.140(d)(8). The resulting 

amounts would be combined into a 

single QS for each species. Although not 

specifically addressed in the Council 

motion, for the first year of 

implementation only, NMFS would 

round overfished species QP up to the 

nearest pound for qualifying QS permits 

that would receive greater than zero, but 

less than one pound of an overfished 

species. This is intended to help 

mitigate the effects of initial issuance of 

overfished species QS. 

Halibut IBQ for harvesters would be 

calculated using a formula based on QS 

for arrowtooth flounder and petrale sole, 

two target species that correlate to 

halibut bycatch. The formula would 

include additional factors such as area 

distribution of fishing effort and bycatch 

rates from WCGOP data applied to 

projected 2011 specifications, as set 

forth in full at § 660.140(d)(8). As with 

the QS calculation for overfished 

species, bycatch rates specified in the 

proposed rule may be modified in the 

final rule for greater precision. 

For shoreside processors, calculation 

of whiting QS would be based on the 

relative history of the eligible processing 

company’s receipts of whiting from 

whiting trips. NMFS would calculate 

whiting QS based on the processor’s 

relative history from 1998–2004, 

dropping the 2 years with the worst 

relative history. NMFS would rely on 

PacFIN records to determine the first 

receiver/processor. A key consideration 

for this formula was to minimize 

disruption in the processing sector. An 

appeals process would allow NMFS to 

subsequently reassign landings history 

to another shoreside processor, if 

applicable. 

ii. How To Obtain an Initial QS Permit 

(A) Application and Correction 

The proposed rule, at § 660.140(d)(8), 

sets forth two ways for qualified 

applicants to apply for a QS permit, 

either by responding to NMFS’ 

prequalification materials, or by 

requesting a blank application and 

completing and submitting it to NMFS 

with evidence of qualification. 

NMFS would mail ‘‘prequalified 

applications’’ to the eligible LE trawl 

permit holders and first receivers that 

appear to qualify for QS. The 

prequalification materials would show 

the basis for NMFS’ calculations. If an 

eligible applicant does not receive a 

prequalified application from NMFS, 

the applicant may request a blank 

application from NMFS. The applicant 

would be required to complete the 

application and submit it to NMFS, 

along with additional information, by 

the application deadline. Failure to 

submit a complete application package 

to NMFS by the application deadline 

date would result in forgoing the ability 

to qualify for initial issuance of QS. 

In preparation for this process, NMFS 

published, on January 29, 2010 (75 FR 

4684), a final rule on data collection that 

included providing notice to 

participants in the industry to review 

their catch data for purposes of ensuring 

that the QS and other calculations 

undertaken by NMFS would be based 

on the best available data. In the 

February 19, 2010, ‘‘Small Entity 

Compliance Guide’’ associated with this 

rule, NMFS provided the following 

instructions: ‘‘For those individuals 

wanting to participate in the IFQ 

fishery, the data source is the Pacific 

States Marine Fisheries Commission’s 

PacFIN database and includes the 

following: 1. Landings data during 

1994–2003 from state fish tickets, as 

provided by the states to the PacFIN 

database, would be used to determine 

initial allocation of IFQ QS for the 

shore-based whiting and non-whiting 

harvesters and for the shore-based 

whiting processors. 2. The first receiver 

listed on the state fish ticket, as 

recorded in PacFIN, would be used to 

determine to whom whiting processing 

history should be attributed for whiting 

QS. Through NMFS’ initial issuance 

process for QS, there would be an 

opportunity to reassign the whiting 

processing history. 3. State logbook 

information from 2003 through 2006, as 


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recorded in PacFIN, would be used to 

determine the area fished for individual 

permits (depth and latitudinal strata 

associated with permits). This 

information would be used in a formula 

to determine a permit’s initial allocation 

of overfished species. For those seeking 

to participate in the MS or C/P fisheries, 

the data sources are from the NMFS’ 

Northwest Fisheries Science Center’s 

Pacific whiting observer data in 

NORPAC (NORPAC data). Observer data 

from the NORPAC database would be 

used to determine initial issuance of MS 

permits, mothership catcher vessel (MS/ 

CV) endorsed permits, and C/P 

endorsed permits and allocation of 

whiting catch history assignments on 

MS/CV endorsed permits. Information 

on trawl-endorsed groundfish limited 

entry permits or permit combinations 

would come from limited entry permit 

records at NMFS, Northwest Region, 

Sustainable Fisheries Division, Fisheries 

Permits Office.’’ 

All potential participants in the trawl 

rationalization program were requested 

to check the data that NMFS would use 

for initial issuance of permits and 

allocations of harvest privileges. This 

includes potential QS permit owners in 

the IFQ fishery, including harvesters 

and shore-based whiting processors. It 

also includes potential coop 

participants that may be issued a MS 

permit, a MS/CV endorsement with an 

associated whiting catch history 

assignment, or a C/P endorsement. 

Participants were instructed that this 

would be the only opportunity for 

potential participants in the trawl 

rationalization program to review and, if 

necessary, correct their fishery data 

prior to initial issuance of permits and 

allocations. At that time, NMFS stated 

that it was very important that this 

information be reviewed prior to the 

publication of the proposed rule for the 

trawl rationalization program, so that 

when NMFS extracts a copy of the 

databases for the initial issuance of 

permits and allocations, the data is 

correct. Participants were further 

instructed that NMFS would not allow 

this data to be corrected during the 

initial issuance and appeals process. 

Only NMFS’ extraction, expansion, or 

aggregation of the data would be subject 

to appeal, not whether the raw data 

NMFS used was correct. 

Because none of the data is publicly 

available at the individual level, for 

confidentiality reasons, NMFS provided 

instructions and Federal and state 

contact information for participants to 

use in requesting data and correcting 

data. (In support of this process, the 

PSMFC developed scripts for the States 

to use in providing fishermen and 

processors their data.) NMFS also 

indicated that if existing data contains 

a mistake, such as a transcription error, 

then the participant may request a 

correction. However, requests to add 

new data to PacFIN or NORPAC would 

not be considered. For logbooks, only 

existing logbook information in PacFIN 

may be corrected (i.e., only transcription 

errors); no new logbooks dating back to 

2003 through 2006 would be accepted. 

Any revisions to an entity’s fish tickets 

or logbooks would have to be approved 

by the state in order to be accepted by 

NMFS. 

NMFS previously announced that the 

agency intended to extract a copy of the 

databases for the purposes of initial 

issuance on the date of publication of 

the proposed rule for initial issuance 

(i.e., the date of publication of this 

proposed rule). However, upon further 

consideration, NMFS has chosen to 

specify the date of extraction as July 1, 

2010, in order to give the public more 

time to verify their data. Potential 

participants have had notice of the 

significance of verifying their data, and 

this extension to July 1, 2010, gives 

them additional time. 

NMFS is proposing in this rule that 

the only basis for appeal would be the 

same as the basis for corrections which 

are errors in NMFS’ extraction, 

aggregation, or expansion of data, 

including: Errors in NMFS extraction of 

landings data from PacFIN; errors in 

NMFS extraction of state logbook data 

from PacFIN; errors in NMFS 

application of the QS allocation 

formula; errors in the identification of 

the permit owner, permit combinations, 

or vessel registration as listed in NMFS’ 

permit database; and errors in 

ownership information for first receivers 

and shoreside processors. The proposed 

rule, at § 660.140(d)(8), sets forth 

requirements for requesting these 

corrections. If an applicant does not 

accept NMFS’ calculation in the prequalified application, the applicant 

would be required to identify in writing 

to NMFS which parts of the application 

the applicant contends to be inaccurate, 

and provide specific, credible 

information to substantiate any request 

for correction by the application 

deadline date. The proposed rule also 

sets forth requirements for reassignment 

of whiting landings history for shoreside 

processors, which require a written 

request signed by both parties providing 

specific information. An additional 

basis for requesting a correction or 

appeal for whiting QS based on 

shoreside processing would also be an 

allegation that the first receiver to which 

a QS permit and QS have been assigned 

was not in fact the first processor of the 

fish included in the qualifying history. 

In support of this process, the Council 

provided the industry a series of tables 

with its preliminary estimates of QS. 

(See http://www.pcouncil.org/ 

groundfish/fishery-management-plan/ 

fmp-amendment-20/trawlrationalization-schedule-and-quotashare-allocation-tables/#qs). The 

Council provided a QS allocation table 

for permits that shows the estimated 

initial allocations of QS on a permit-bypermit basis, as developed for purposes 

of analysis. The last line of the tables 

provides the whiting allocations for the 

MS/CV-endorsed permit catch history 

assignments that would be part of the 

MS coop program. The permit 

identifiers were masked for 

confidentiality reasons; the unmasked 

number for any particular permit is 

available only to the owner of that 

permit. The Council office mailed those 

numbers to permit owner. (A list of the 

owners of LE permits is available from 

the NMFS Limited Entry Permit Office 

Web site at https://nwr2.nmfs.noaa.gov/ 

nwp_public_ss/HOME/ 

index_pub_permits_ss.cfm.) 

The Council described how its QS 

estimates were calculated. The QS 

estimates are based on 1994–2003 state 

fish ticket information acquired in the 

fall of 2006 from the PacFIN database, 

port sampler information which records 

the average species mixes for species 

reported on fish tickets as a group (e.g., 

‘‘Other Rockfish’’); WCGOP data from 

2003 to 2006; and individual permit 

logbook information for 2003 through 

2006. With respect to the logbook 

information, if a permit was not active 

from 2003–2006, fleet-wide averages 

were used in place of the permitspecific logbook information. The 

allocation formulas that were applied 

are those from Section A–2.1.3 of the 

Council recommended program. 

A similar table was provided for 

initial estimates of whiting QS that may 

be allocated to whiting processors. 

Twenty percent of the total whiting QS 

would be allocated to processors, as 

determined for the purpose of analysis. 

For processors to qualify they would be 

required to first meet a recent 

participation criteria, which requires 

that—in each of at least 2 years from 

1998 through 2004—a processor would 

be required to have processed at least 

one metric ton (mt) from a vessel 

making a whiting trip. Available data 

indicates there are 11 companies that 

meet this criterion. Two tables were 

provided for processors; one provided a 

list of the companies meeting the recent 

participation criteria and the other 

showed an estimate of the amount of QS 


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projected for each company. For the QS 

estimates, the identity of the processor 

expected to receive the QS was masked, 

as was done for the permit owners. 

The Council indicated that the actual 

QS allocations would be determined by 

NMFS and may vary from these 

estimates for a variety of reasons, 

including (but not limited to): 

• A change in the allocation of 

harvest between shore-based whiting 

and non-whiting sectors or a change in 

the QS initial allocation formula arising 

through a partial disapproval of the 

program by NMFS; 

• A change in the rebuilding status 

for overfished species or a new finding 

that a particular species is overfished, 

since the shoreside whiting/non-whiting 

sector split and QS allocation formulas 

for overfished species differ from that of 

non-overfished species; and 

• The correction of an error in the 

fish tickets or logbooks on record for a 

particular permit (such a change may 

cause adjustments to the initial 

allocations for all other permits). 

The Council also provided a 

hypothetical conversion of the initial 

QS allocations to QP based on OYs for 

the 2010 fishery and the trawl sector 

allocations recommended by the 

Council in April 2009. This is 

hypothetical because (1) actual QP 

available to the fishery, if and when this 

program begins after 2010, would differ 

from the 2010 example used here, and 

(2) the estimated QS for a permit may 

vary from the final actual QS issued to 

that permit, for the reasons cited above. 

The November 11, 2009, update of 

these tables included modification of 

the canary QS allocations pursuant to 

actions taken by the Council at its 

November 2009 meeting and 

modification of the catch area 

assignments. Modification of the catch 

area assignments primarily affected the 

allocation of southern sablefish and 

southern shortspine thornyheads. The 

Council also noted that for some 

species, such as bocaccio, the trawl 

sector allocations may be greater than 

those assumed in the example. On 

December 18, 2009, the Pacific halibut 

and MS whiting estimates were added. 

On January 25, 2010, the Processor 

Whiting QS Allocation Table was 

added. This table was revised on April 

9, 2010. 

Applicants would be required to 

submit completed, signed, notarized 

applications by the deadline date (60 

days after date of publication of the final 

rule in the Federal Register). The 

proposed rule sets forth the 

requirements for complete applications 

at § 660.140(d)(8). To be complete, the 

application would be required to 

include: Certification that the applicant 

qualifies to own QS; indication as to 

whether the applicant accepts NMFS’ 

calculation of initial issuance of QS 

provided in the prequalified 

application, or credible information that 

demonstrates their qualification for QS; 

and a complete Trawl Identification of 

Ownership Interest Form identifying all 

individuals with 2 percent or greater 

interest in the permit. Business entities 

may be required to submit a corporate 

resolution or other credible 

documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity. NMFS may 

request additional information of the 

applicant as necessary to make an initial 

administrative determination (IAD) on 

initial QS issuance. 

(B) IAD and Appeals 

NMFS would issue an IAD for all 

complete, certified applications 

received by the application deadline 

date. If NMFS approves an application 

for initial issuance of QS, the applicant 

would receive a QS Permit specifying 

the amounts of QS for which the 

applicant has qualified and the 

applicant would be registered to a QS 

Account. If NMFS disapproves an 

application or a portion of the QS 

applied for, the IAD would provide the 

reasons NMFS did not approve or only 

partially approved the application. If the 

applicant does not appeal the IAD 

within 30 calendar days of the date on 

the IAD, the IAD would become the 

final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

An applicant who disagrees with 

NMFS’ determination on the application 

would be required to appeal within 30 

days or the IAD would become final. 

The proposed rule sets forth procedures 

and timelines for making appeals at 

§ 660.25(g). Only the applicant may 

appeal the IAD. In this proposed rule, 

NMFS is proposing that there is no 

option to appeal a decision based on 

incomplete or inadequate data; the only 

basis for appeal would be the same as 

the basis for corrections which are 

errors in NMFS’ extraction, aggregation, 

or expansion of data, including: Errors 

in NMFS extraction of landings data 

from PacFIN; errors in NMFS extraction 

of state logbook data from PacFIN; errors 

in NMFS application of the QS 

allocation formula; errors in 

identification of the permit owner, 

permit combinations, or vessel 

registration as listed in NMFS permit 

database; and errors in ownership 

information for first receivers and 

shoreside processors. An additional 

basis for appeal for whiting QS based on 

shoreside processing would also be an 

allegation that the first receiver to which 

a QS permit and QS have been assigned 

is not in fact the first processor for those 

fish. The appeal would be required to be 

in writing and allege credible facts to 

show why the criteria have been met. In 

addition, § 660.140(d)(8) of the 

proposed rule specifies that certain 

issues may not be appealed, including 

but not limited to: The accuracy of the 

permit landings data or shoreside first 

receiver landings data in the dataset 

extracted from PacFIN by NMFS on July 

1, 2010. 

(C) Permit Pending Appeal 

The proposed rule would address the 

status of permits pending appeal as 

follows. For permits and endorsement 

qualifications and eligibility appeals 

(i.e., QS permit (permit eligibility, not 

amounts), MS permit, MS/CV 

endorsement, C/P endorsement), any 

permit or endorsement under appeal 

may not fish in the Pacific Coast 

groundfish fishery until a final decision 

on the appeal has been made. If the 

permit or endorsement is issued, the 

permit or endorsement would be 

effective upon approval, except for QS 

permits, which would be effective at the 

start of the next fishing year. 

For a QS amount for specific IFQ 

management unit species under appeal, 

the QS amount for the IFQ species 

under appeal would remain as that 

previously assigned to the associated QS 

in the IAD. The QS permit could be 

used to fish in the Pacific Coast 

groundfish fishery with the QS amounts 

assigned to the QS permit in the IAD. 

Once a final decision on the appeal has 

been made—and if a revised QS amount 

for a specific IFQ species would be 

assigned to the QS permit—the QS 

amount associated with the QS permit 

would be effective at the start of the 

next calendar year. 

b. Transfers 

After the first 2 years of program 

implementation, transfers of QS would 

be allowed. While criteria for initial 

issuance limit recipients to owners of 

LE trawl permits, after the first 2 years, 

transfers could be made to a broader 

group. Generally, anyone eligible to own 

a U.S.-documented fishing vessel could 

acquire QS and QP in increments as 

small as one pound. These provisions 

would allow for new entrants into the 

fishery; for example, a crew member 

could slowly purchase amounts of 

quota. They would also allow for 

ownership of QS by communities, nongovernmental organizations, or other 

entities. 


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This transferability would be 

expected to facilitate bycatch reduction 

and efficiency. Through the transfer of 

QS/QP (bought and sold or ‘‘leased’’ 

through private contract), it is 

anticipated that those best able to avoid 

catching overfished species, and those 

who are most efficient, would increase 

the amount of QS/QP registered to them, 

while those who consistently have high 

bycatch rates or operate less efficiently 

might choose to sell their QS and leave 

the fishery. 

c. Requirement to Transfer QP Into 

Vessel Account 

Each year, all QP would be required 

to be transferred into a vessel account 

by September 1. This requirement is 

intended to encourage its availability for 

use by the fleet. 

d. Distribution of Additional Quota 

Shares 

In Amendment 20, the Council 

indicates that it would consider the use 

of an auction or other non-history-based 

method when distributing QS that may 

become available after initial allocation. 

This may include quota created when a 

stock transitions from overfished to nonoverfished status, quota not used by the 

AMP, quota forfeited to ‘‘use it or lose 

it’’ provisions, and any quota that 

becomes available as a result of the 

initial or subsequent reviews of the 

program. The method of distribution 

would be designed to achieve the goals 

of Amendment 20, including 

minimizing the adverse effects from an 

IFQ program on fishing communities to 

the extent practical. 

4. Ownership Limitations and 

Accumulation Limits 

While transferability is an important 

component of the Amendment 20 

program, there would also be 

accumulation limits on the amount of 

QS or QP that could be controlled by a 

person. The intent of these limits is to 

prevent excessive control of quota by a 

participant. The MSA specifically 

requires the establishment of a 

maximum share that each limited access 

privilege holder is permitted to hold, 

acquire, or use. 

a. Limits 

In developing limits, the Council 

noted the tension between allowing 

sufficient accumulation to improve the 

efficiencies of harvesting activities and 

preventing levels of accumulation that 

could result in adverse economic and 

social effects. In determining the 

appropriate levels, the Council 

considered a wide range of factors such 

as social benefits, impact on labor, 

impacts on processors, impacts on 

harvesters, impacts on the public, the 

number and sizes of firms, within-sector 

competition, market power, efficiency, 

geographic distribution, communities, 

and fairness and equity. 

Amendment 20 would establish limits 

(by species group and area) on the 

amount of QS an individual can control 

(control limits). Control limits would 

apply to individual species, species 

groups (and area, for some species), 

expressed as a percentage of the shorebased IFQ program’s allocation. The 

proposed control limits are set forth in 

the proposed rule in the table at 

§ 660.140(d)(4). In addition, the 

proposed rule would establish a control 

limit for the amount of non-whiting QS 

a person may control in aggregate. 

To determine a person’s aggregate 

amount of non-whiting QS, the Council 

adopted a formula that would convert 

QS to poundage to reflect the weighting 

between individual stocks. Because 

individual non-whiting species’ stock 

fluctuations would affect a QS owner’s 

aggregate QS holdings, the Council 

motion states that ‘‘This conversion will 

always be conducted using the trawl 

allocations applied to the 2010 OYs, 

until such time as the Council 

recommends otherwise’’ and that ‘‘QS 

for each species will be multiplied by 

the shoreside trawl allocation for that 

species.’’ However, because no shoreside 

trawl allocation existed in 2010 that 

could be applied to the 2010 OYs, it is 

not clear how NMFS would calculate 

the aggregate non-whiting control limit. 

If the Council intended to use the OYs 

from the initial implementation year 

(i.e., if it were under the mistaken 

impression that 2010 was to be the 

implementation year) and the 2011 OYs 

were used, there would be no problem 

determining the aggregate non-whiting 

amount, as the sector allocation could 

be calculated by deducting the at-sea 

sector set asides for each species from 

the limited entry trawl sector allocation 

for that species. In 2010, however, nonwhiting target species did not have atsea set asides that could be deducted 

from the limited entry trawl sector 

allocation to calculate a shoreside trawl 

allocation. NMFS specifically requests 

comment on this issue to address in the 

final rule. 

NMFS would determine and track 

ownership interest in QS to determine 

if individuals are within set limits, both 

at the initial allocation stage and during 

the operation of the program. As part of 

the IAD on the initial application, 

NMFS would indicate if the QS Permit 

owner has QS in amounts that exceed 

the accumulation limits and are subject 

to divestiture provisions set forth in 

§ 660.140(d)(4). NMFS would determine 

ownership interest based on the 

‘‘Individual and Collective Rule,’’ which 

means that the QS that counts toward a 

person’s accumulation limit would 

include both the QS owned by that 

person, and a portion of the QS owned 

by an entity in which that person has an 

interest. 

The proposed rule contains additional 

interpretation of the word ‘‘control,’’ 

which is intended to address the 

Council’s concern that a person could 

control QS by controlling QP. The 

proposed rule is intended to set the 

boundaries around QS control limits, 

including QP but excluding QP in a 

vessel account if subject to separate 

accumulation limits. If control of QP is 

not subject to the QS control limits, a 

person could use control over QP to 

control a percentage of the harvest from 

the fishery in excess of that intended 

under the QS control-limit percentage. 

In other words, if the QS control limits 

are not extended to QP, there is no 

assurance that QS control limits would 

perform their intended function. At 

some point, QP control amounts to the 

functional equivalent of QS control. The 

following examples illustrate 

undesirable forms of control: 

Example 1. A QS holder enters into a 

multi-year agreement under which another 

person has the right to direct how the QS 

holder’s QP is used. The person controlling 

the QP has essentially gained control of the 

QS even beyond the duration of the QP 

issued during the first year of the agreement. 

Example 2. Vessel financing arrangements 

under which a lender who is engaged in the 

seafood business exercises control over the 

catch delivered by a fisherman-borrower are 

not uncommon. These arrangements 

sometimes require that the fisherman deliver 

his catch as the lender directs, and provide 

for a method of calculating ‘‘market value’’ of 

the catch. In other cases, the lender may hold 

a right of first refusal (‘‘ROFR’’) over the 

catch. While the ROFR does not in and of 

itself require that the fisherman deliver to the 

lender, it provides the lender with the 

authority to decide on a delivery-by-delivery 

basis whether the catch would be delivered 

to a third party or the lender, and thereby 

effectively gives the lender control over 

catch. If a single lender entered into 

arrangements of this type with a number of 

fishermen, the lender could potentially 

control a percentage of QP for the fishery in 

excess of the QS control limit percentage 

through those arrangements, without having 

asserted direct control over the fishermen’s 

QS. 

Example 3. Crew assign QP to a vessel, or 

fishermen transfer QP to a vessel but do not 

grant control over QS. This would not count 

toward QS control limits; however, it would 

indicate control if long term control of 

disposition of the QP derived from the QS 

were granted. 


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Similar regulatory language would 

apply a control limit to Pacific halibut 

IBQ. 

b. Divestiture 

Amendment 20 would establish 

different rules for complying with the 

accumulation limits depending on when 

the permits were transferred. For 

permits transferred prior to November 8, 

2008, and which exceed the 

accumulation limits, the permit owner 

would initially receive the entire 

amount of QS for which the permit 

qualifies. However, the permit owner 

would be required to divest of the 

amount in excess of the limit sometime 

during years 3 and 4 of the IFQ program, 

and, at the end of year 4 of the IFQ 

program, any QS owned or controlled 

by a person in excess of the 

accumulation limits would be revoked 

and redistributed to the remainder of 

the QS owners in proportion to the QS 

holdings in year 5. No compensation 

would be due for any revoked shares. 

For permits transferred after 

November 8, 2008, the permit owner 

would only be able to receive QS 

amounts that are within the appropriate 

limits. The initial issuance of QS would 

be reduced in order to comply with the 

applicable control limits. For nonwhiting species, whether NMFS applies 

the aggregate non-whiting control limit 

first or applies individual non-whiting 

species control limits first may affect the 

initial QS allocation for each species. 

Generally, application of the aggregate 

non-whiting control limit first would 

result in an allocation that more closely 

reflects the weighting of non-whiting 

species in the permit’s history. NMFS 

highlights this issue to seek specific 

comment on which approach to use. 

5. QS Account/Annual Renewal 

Once a person is found eligible for a 

QS permit, NMFS would issue QS and 

register it to a QS account. At the 

beginning of each year and after QS 

permit renewal, NMFS would assign a 

specific amount of QP representing the 

QS percentage to the account. QS 

owners would be required to transfer 

their QP from their QS account to a 

vessel account in order for those QP to 

be fished. 

6. Overages and Carryovers 

Amendment 20 would provide 

flexibility by allowing a 30-day grace 

period after which an overage occurred 

to acquire QP into the vessel account to 

cover the overage. However, during this 

30-day period, no more fishing could 

occur and no QS transfers could take 

place until the account is settled. If an 

overage shows on the fish ticket at the 

time of landing or in the vessel account 

at any time after the landing, the clock 

would start when any data/ 

documentation from the trip which 

caused the overage is available or the 

vessel account shows there is an 

overage. 

To the extent allowed by the 

conservation requirements of the MSA, 

Amendment 20 would include a 

‘‘carryover allowance’’ that would allow 

surplus QP in a vessel account to be 

carried over from one year to the next 

or allow a deficit in a vessel account for 

one year to be carried over and covered 

with QP from a subsequent year. 

Surplus QP could not be carried over for 

more than 1 year and could not exceed 

in 1 year the carryover allowance as 

described below. 

A vessel with a QP surplus at the end 

of the current year would be able to use 

that QP in the immediately following 

year, up to the limit of the carryover 

allowance (see below). However, if there 

is a decline in the OY, the amount of QP 

carried over as a surplus would be 

reduced in proportion to the reduction 

in the OY. 

A vessel with a QP deficit in the 

current year would be able to cover that 

deficit with QP from the following year 

without incurring a violation if the 

amount of QP it needs from the 

following year is within the carryover 

allowance and the QP are acquired 

within the specified time limits. 

The carryover amount for a deficit is 

based on the amount of QP in the vessel 

account at the end of the 30-day period 

during which a vessel would be 

required to cover its overage. The 

carryover amount for a surplus is based 

on the amount of QP in the vessel 

account at the end of the year. 

The carryover allowance would be 

limited to up to 10 percent carryover for 

each species. This would apply to both 

non-overfished species and overfished 

species. The percentage would be 

calculated based on the total pounds 

(used and unused) in a vessel account 

for the current year. The percentage 

used for the carryover provision could 

be changed during the biennial 

specifications process. 

7. Catch Monitoring and Tracking (or 

Tracking, Monitoring and Enforcement) 

Amendment 20 would include a 

tracking and monitoring program to 

assure that all catch (including discards) 

would be documented and matched 

against QP. The Council specified that 

observers would be required on all 

vessels and shoreside monitoring (catch 

monitors) would be required during all 

offloading (100 percent coverage). 

Compared to status quo monitoring, this 

would be a monitoring and observer 

coverage level increase for a large 

portion of the trawl fleet, particularly 

non-whiting shore-based vessels. As a 

result, more accurate estimates of total 

mortality would be expected to benefit 

stock conservation goals, as well as 

other goals discussed herein. 

The Council recommended providing 

NMFS flexibility to develop a 

monitoring program that would achieve 

the objectives of the trawl 

rationalization program. NMFS is 

working closely with the States and the 

Council to develop the details of the 

tracking and monitoring program, as 

reported by PSMFC at the April 2010 

Council meeting. The details of the 

program would be proposed in the 

upcoming program components rule. As 

reported by PSMFC, the following 

tracking and monitoring components 

would be addressed. 

Amendment 20 would require NMFScertified at-sea observers on each vessel. 

These include shore-based catcher 

vessels, catcher vessels in the 

mothership sector, motherships, and 

C/Ps. Because this is a new program, 

ensuring adequate observer coverage 

would be particularly important for 

monitoring the complex suite of 

allocations. Observers aboard vessels 

would be required to adequately 

account for catch and bycatch in the 

fishery. Among his or her duties, the 

observer would record fishing effort and 

estimate total, retained and discarded 

catch weight by species; determine 

species composition of retained and 

discarded catch (non-whiting vessels) 

and document the reasons for discard; 

record interactions and sightings of 

protected species; and take biological 

samples from tagged fish and discards, 

and estimate the viability of Pacific 

halibut. Observers would be essential 

for monitoring the use of IBQ in the 

fishery, including the weighing and 

discarding of halibut bycatch. 

An increase in observer and catchmonitoring coverage requirements 

would result in increased costs over the 

status quo observer program costs. 

There would be a combined status quo, 

pay-as-you-go industry funding and 

agency-funded observer and catch 

monitor system as required for each 

sector. The agency has announced its 

intent, subject to available Federal 

funding, that participants would 

initially be responsible for 10 percent of 

the cost of hiring observers and catch 

monitors. The industry proportion of 

the costs of hiring observers and catch 

monitors would be increased every year 

so that by 2014, once the fishery has 

transitioned to the rationalization 

program, the industry would be 


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responsible for 100 percent of the cost 

of hiring the observers and catch 

monitors. NMFS believes that an 

incrementally reduced subsidy to 

industry-funding would enhance the 

observer and catch monitor program’s 

stability, ensure 100 percent observer 

and catch monitor coverage, and 

facilitate the industry’s successful 

transition to the new rationalized trawl 

fishery. 

Amendment 20 would require that 

first receivers—the shoreside 

processors—sort, weigh and report all 

landings of IFQ species under a catch 

monitoring plan. First receivers would 

be required to hire NMFS-certified catch 

monitors to verify all shoreside 

deliveries of IFQ species, ensure that 

species are sorted to Federal species of 

species group, ensure that the fish are 

weighed on state-certified scales that are 

periodically tested, and record and 

submit catch data daily. 

To ensure that the IFQ program goals 

are met and landings are tracked, first 

receivers would be required to submit 

electronic fish tickets using software 

provided by the PSMFC. Further, 

vessels would be required to use vessel 

monitoring systems (VMS) for purposes 

of indicating location of the vessels and 

to make declarations. In addition, there 

are plans to develop and require an 

electronic vessel logbook, but this 

component would not be immediately 

implemented. 

To ensure that program goals are met 

to track transferrable QS and QP, NMFS 

is also developing an online accounting 

system for the tracking and trading of 

QS by owner and for the tracking, 

trading, and use of the QP that results 

from these QS by vessels. 

8. Fees 

The agency would collect fees to 

cover the administrative costs of issuing 

the QS, permit endorsements (one-time 

fee and annual renewal), and first 

receiver site licenses (annual). 

Amendment 20 would allow for 

assessing cost recovery fees of up to 3 

percent of ex-vessel value, consistent 

with section 303A(e) of the MSA. The 

costs to be recovered would be the 

agency’s costs of management, data 

collection, analysis, and enforcement 

activities. The Council would develop 

the methodology required by section 

303(A)(e) in a trailing action. 

9. Management (Accountability 

Measures) 

If individual vessel overages (catch 

not covered by QP) make it necessary, 

area restrictions, season closures, or 

other measures could be used to prevent 

the trawl sector (in aggregate or the 

individual trawl sectors listed here) 

from going over allocations. The IFQ 

fishery may also be restricted or closed 

as a result of overages in other sectors. 

10. Retention and Discard Provisions 

For non-whiting vessels and whiting 

vessels sorting at-sea, Amendment 20 

would allow discarding of IFQ species, 

but such discards would have to be 

covered by QP. Discarding of Pacific 

halibut would be required and would 

have to be covered by IBQ. Discarding 

of non-IFQ species and non-groundfish 

species would be allowed. 

For whiting maximized retention 

vessels, discarding of fish covered by 

IFQ or IBQ, and discarding of 

nongroundfish species, would be 

prohibited. 

11. First Receiver/Processor Permit 

Amendment 20 would require 

processors that are the first receivers of 

IFQ species to obtain a site license in 

order to accept shoreside deliveries. A 

license could be issued to any site that 

meets the monitoring requirements. 

12. Adaptive Management Program 

Amendment 20 contains an AMP for 

the shore-based non-whiting sector that 

is intended to address: Community 

stability; processor stability; 

conservation; unintended and 

unforeseen consequences of IFQ 

management; and facilitating new 

entrants. Ten percent of the shore-based 

non-whiting QS would be reserved, or 

set aside, for the AMP. During the first 

2 years of the IFQ program, the method 

to be used in distributing QP in years 

3–5 would be determined, including the 

decision-making and organization 

structure to be used in distributing the 

QP set aside. 

The set aside of QP for the identified 

objectives would be reviewed as part of 

the year 5 comprehensive review and a 

range of sunset dates would be 

considered, including 10-, 15-, 20-year 

and no sunset date options. 

13. Data Collection 

Amendment 20 would require 

expansion of the data collection 

program. Submission of economic data 

by harvesters and processors would be 

mandatory. Random and targeted audits 

could be used to validate mandatory 

data submissions. Information on QS 

transaction prices would be included in 

a central QS ownership registry. 

14. Program Review 

Amendment 20 provides for a review 

of the IFQ program to begin no later 

than 5 years after implementation of the 

program. The review would evaluate the 

progress the IFQ program has made in 

achieving the goal and objectives of 

Amendment 20. The result of this 

evaluation could include dissolution of 

the program, revocation of all or part of 

QS, or other fundamental changes to the 

program. Owners of QS should remain 

cognizant of this fact when making 

decisions regarding their QS, including 

buying selling, and leasing of these 

shares. 

Amendment 20 requires the Council 

to consider the use of an auction or 

other non-history based methods when 

distributing QS that may become 

available after initial allocation. This 

may include quota created when a stock 

transitions from overfished to nonoverfished status, quota not used by the 

adaptive management program, quota 

forfeited to ‘‘use it or lose it’’ provisions, 

and any quota that becomes available as 

a result of the initial or subsequent 

reviews of the program. The specific 

form of the auction or other method of 

distribution would be designed to 

achieve the goals of Amendment 20, 

specifically including minimizing the 

adverse effects from an IFQ program on 

fishing communities to the extent 

practical. 

After the initial review, there would 

be a review process every four years. A 

community advisory committee would 

take part in the review of IFQ program 

performance. 

B. Mothership Coop Program 

The term ‘‘cooperative’’ refers to a 

collective arrangement among a likeminded group of individuals. 

Cooperatives, also called coops, are 

entities that are controlled by the people 

who use them. They differ from other 

business entities because they are 

member owned and operate for the 

benefit of members. The cooperatives 

designed under Amendment 20 are 

designed to coordinate harvest among 

members, thus they can be described as 

‘‘harvest cooperatives.’’ Under 

Amendment 20, each MS cooperative 

would annually be allocated an amount 

of catch based on the combined catch 

histories of its members for that year. As 

designed under Amendment 20, the 

harvest cooperatives for both the MS 

and C/P sectors would constitute a form 

of allocation that facilitates catch 

accounting down to individual vessel 

levels by allowing private contracts and 

intra-coop self-monitoring. 

1. Structure Overview 

The Mothership Coop Program (MS 

Coop Program) would apply to 

harvesters and processors in the MS 

sector of the at-sea whiting trawl 

fishery. The MS Coop Program would 


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also apply both to vessels participating 

in a coop as well those not participating 

in a coop. For those participating in 

coops, the program would assign to each 

MS coop a designated amount of harvest 

privilege representing a ‘‘sub-allocation’’ 

of the total MS sector allocation. MS 

coop membership would consist of MS/ 

CV-endorsed permit owners who enter 

into a coop agreement that is accepted 

by NMFS. Participants in the MS coop 

include the catcher vessels registered to 

the member MS/CV-endorsed permits, 

LE permitted trawl vessels without an 

MS/CV-endorsed permit that are 

working with the coop, and the 

motherships to which the MS/CVsendorsed permits are obligated. Once a 

coop agreement is accepted, NMFS 

would issue the coop a permit, and 

would assign to the coop a ‘‘suballocation’’ of catch that is derived from 

the catch histories of the individual MS/ 

CV-endorsed permits in the coop. 

The MS Coop Program would 

establish new requirements for MS 

permits and MS/CV permit 

endorsements. Similar to the shorebased IFQ program, NMFS would be 

required to track ownership interest in 

both MS permits and MS/CV-endorsed 

permits to determine if individual 

vessels are within set accumulation and 

usage limits, as described further below. 

The vessels registered to MS/CV 

endorsed permits in the MS sector that 

do not participate in a coop would be 

able to fish in the non-coop fishery. The 

non-coop whiting fishery would be 

authorized to harvest the Pacific whiting 

remaining in the MS sector annual 

allocation after the deduction of all coop 

allocations. For non-whiting, the suballocation to the non-coop fishery 

would be in proportion to the MS/CV 

Pacific whiting catch history 

assignments for the non-coop fishery. 

Participants in the MS sector would 

be required to declare annually in what 

capacity they would operate: Coop or 

non-coop. Additionally, MS/CVendorsed permits operating in a coop 

would be required to indicate to which 

MS permit they would be obligated. 

2. Coop Species 

Pursuant to Amendment 20, hard caps 

would be established for the following 

species: Pacific whiting, Pacific ocean 

perch, widow rockfish, canary rockfish, 

and darkblotched rockfish. In addition, 

annual MS sector set-asides would be 

established for lingcod, Pacific cod, 

sablefish S. of 36° N. lat., chilipepper S. 

of 40°10′ N. lat., splitnose S. of 40°10′ 

N. lat., yellowtail N. of 40°10′ N. lat., 

shortspine N. of 34°27′ N. lat., 

shortspine S. of 34°27′ N. lat., longspine 

N. of 34°27′ N. lat., minor slope rockfish 

N. of 40°10′ N. lat., minor slope rockfish 

S. of 40°10′ N. lat., Dover sole, English 

sole, petrale sole, arrowtooth flounder, 

starry flounder, and Other Flatfish. 

Groundfish species with MS sector setasides would be managed on an annual 

basis unless there is a risk of a harvest 

specification being exceeded, 

unforeseen impact on another fisheries, 

or conservation concerns in which case 

inseason action may be taken. Set-asides 

may be adjusted through the biennial 

specifications and management 

measures process as necessary. 

The MS Coop Program would not 

establish allocations or set-asides for 

infrequently occurring species, such as 

shortbelly rockfish, longspine 

thornyhead S. of 34°27′ N. lat., black 

rockfish (WOC), minor rockfish north 

nearshore species complex, minor 

rockfish south nearshore species 

complex, CA scorpionfish, cabezon (CA 

only), kelp greenling, and Other Fish. 

Many of these occur primarily in 

nearshore areas where trawl gear does 

not operate and are mostly managed by 

the states. There is no market for 

shortbelly, and its OY is large compared 

to the amount of incidental catch. Other 

rockfish and other fish are not caught in 

large volumes and catch of these species 

would be constrained by limits on other 

species. Like set-asides, these species 

would be managed on an annual basis 

unless there is a risk of a harvest 

specification being exceeded, 

unforeseen impact on another fisheries, 

or conservation concerns (in which case 

inseason action may be taken). 

Annually, a specified amount of the 

Pacific halibut would be held in reserve 

as a set-aside for the Pacific whiting MS 

sector. 

3. Who/How To Participate 

The MS Coop Program would issue 

MS permits and MS/CV endorsements 

for LE permits to qualified applicants 

and would establish new requirements 

for participation. 

a. Permit and Endorsement 

Requirements 

Under the MS coop program, vessels 

participating as motherships would be 

required to be registered to MS permits. 

Catcher vessels fishing for a MS coop 

would need to be registered to a MS/CVendorsed permit, or be registered to a LE 

trawl endorsed permit without an 

MS/CV endorsement with permission of 

the coop, as described below. Catcher 

vessels in the non-coop fishery would 

be required to be registered to a MS/CVendorsed permit. 

i. MS Permit Initial Issuance 

The proposed program would close 

the MS sector by creating a LE program 

and requiring registration of the vessel 

to a new type of LE permit, an MS 

permit. The restriction preventing 

mothership vessels from operating as 

catcher vessels or C/Ps during a year in 

which they operate as motherships 

would be maintained. The owners of 

qualifying motherships would be issued 

MS permits. The following requirements 

govern the process for obtaining an MS 

permit. 

(A) Eligibility 

Generally, an owner of a vessel that 

processed whiting in the MS sector in 

the qualifying years would be eligible to 

apply for a MS permit. However, there 

would be an exception to address a 

vessel that was a bareboat charter during 

the qualifying period. 

(B) Qualifying Criteria 

In order for an owner of a mothership 

to qualify for a MS permit, the 

mothership would be required to have 

processed at least 1,000 mt of whiting in 

each of 2 years during the qualifying 

years of 1997–2003. The Council 

intended these criteria to recognize 

those participants that have 

substantially participated as a 

mothership in the Pacific whiting 

fishery. Using the years 1997 to 2003 is 

intended to reflect the time period 

between the date the C/P sector and the 

MS sector were separated from a general 

at-sea sector in regulation (1997) and to 

be consistent with the control date 

(2003). 

(C) Application and Correction 

NMFS would make a preliminary 

determination of whether a mothership 

meets the qualifying criteria using 

Pacific Whiting Observer data as 

extracted from the NORPAC database on 

July 1, 2010. If a mothership meets the 

qualifying criteria for an MS permit, 

NMFS would mail to the owner of the 

vessel an application pre-filled with 

qualifying information at the address of 

record as currently given in NMFS 

permit database. Pre-filled applications 

would be required to be completed and 

returned to NMFS by the application 

deadline date. 

Owners of vessels that do not receive 

a prequalified application from NMFS, 

and believe they are qualified for a MS 

Permit, would be required to complete 

an application package (available from 

NMFS) and submit the completed 

application to NMFS by the deadline 

date. If an applicant fails to complete 

and return an application by the 

deadline date, the person forgoes the 


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opportunity to receive consideration for 

initial issuance of a MS permit. 

If an applicant does not agree with the 

basis for NMFS’ determination, the 

applicant would be required to submit, 

by the application deadline, a written 

statement identifying the incorrect 

information and providing credible 

documentation to support a correction, 

as set forth in the proposed rule at 

§ 660.150(f)(6). Corrections may only be 

submitted for errors in NMFS’ 

extraction, aggregation, or expansion of 

the dataset that was extracted from 

NORPAC by NMFS on July 1, 2010. 

Corrections may be submitted for errors 

in NMFS extraction of data from 

NORPAC, errors in NMFS calculation, 

and errors in the vessel registration as 

listed in NMFS permit database or in 

the identification of the mothership 

owner or bareboat charterer. 

The current vessel owner would be 

required to then submit a completed 

application by the deadline date (60 

days after date of publication of the final 

rule in the Federal Register). A 

complete application would be required 

to be signed and notarized, and must 

include all of the information required 

by NMFS which includes, but is not 

limited to, the factors specified at 

§ 660.150(f)(6), including: Certification 

that the applicant qualifies to own a MS 

permit and indication of whether they 

agree or disagree with NMFS’ 

determination on initial issuance of the 

MS permit provided in the application; 

a complete Trawl Identification of 

Ownership Interest Form; business 

entities may be required to submit a 

corporate resolution or any other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity; a bareboat 

charterer would be required to provide 

credible evidence that demonstrates it 

was chartering the MS vessel under a 

private contract during the qualifying 

years. NMFS may request additional 

information of the applicant as 

necessary to make an IAD. 

(D) IAD and Appeals 

NMFS would issue an IAD for all 

complete, certified applications 

received by the application deadline 

date. If NMFS approves an application, 

the applicant would receive a MS 

permit. If NMFS disapproves an 

applicant’s request to correct the 

application, the IAD would provide the 

reasons NMFS did not accept the 

corrections. If the applicant does not 

appeal the IAD within 30 calendar days 

of the date on the IAD, the IAD becomes 

the final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

An applicant who disagrees with 

NMFS’ determination on the application 

would be required to appeal within 30 

days or the IAD would become final. 

The proposed rule’s appeals procedures 

at § 660.25(g) would apply to this 

section as well as additional specific 

requirements at § 660.25(f)(6), which 

limit the scope of appeals to the issues 

that can be corrected and further specify 

that some issues are not subject to 

appeal, including but not limited to: 

The accuracy of data in the dataset 

extracted from NORPAC by NMFS on 

July 1, 2010. 

ii. MS/CV Endorsement, Initial 

Issuance, Catch History Assignment 

(CHA), and Appeals 

In order to fish in the MS sector, a 

catcher vessel would be required to be 

either registered to a MS/CV-endorsed 

LE permit or registered to a trawlendorsed LE permit without a 

MS/CV or C/P endorsement. Vessels 

registered to a MS/CV-endorsed LE 

permit would be able to elect to fish in 

either the coop or non-coop sector. 

Vessels registered to a trawl-endorsed 

LE permit without MS/CV-endorsed LE 

permits would only be able to fish in the 

coop sector under a specific coop 

agreement with permission of the coop. 

Vessels registered to a C/P-endorsed LE 

permit could not fish in the MS sector. 

Vessels fishing as catcher vessels in the 

MS sector could not function as 

motherships or C/Ps during the same 

calendar year. 

(A) Eligible Applicant 

Only an owner of a current trawl 

endorsed LE permit with a history of 

whiting deliveries in the MS whiting 

sector is eligible to receive a MS/CV 

endorsement. Any past catch history 

associated with a current trawl permit 

would accrue to the current permit 

owner. If a trawl limited entry permit is 

eligible to receive both a C/P 

endorsement and a MS/CV 

endorsement, the permit owner would 

be required to choose which 

endorsement to apply for (i.e., the 

owner of such a permit may not receive 

both a C/P and MS/CV endorsement). 

(B) Endorsement Qualifying Criteria 

In order to qualify for a MS/CV 

endorsement, vessels registered to a 

trawl-endorsed LE permit would be 

required to have caught and delivered 

more than 500 mt of whiting to 

motherships from 1994 through 2003. 

Deliveries of whiting by vessels 

registered to permits that were 

subsequently combined to generate the 

current permit would count toward 

qualifying tonnage unless the permit 

owner also applies for a C/P permit. 

These criteria were selected to 

demonstrate substantial participation 

and to include the years between the 

establishment of the LE period and the 

control date. While the at-sea sectors 

were separated in 1997, this would not 

necessarily have affected catcher 

vessels. 

(C) Catch History Assignment 

Qualifying Criteria 

The catch history assignment (CHA) 

calculation for the MS/CV-endorsed 

permit would be based on the whiting 

relative history of vessels registered to 

the permit in each year from 1994 

through 2003, dropping the two worst 

years (lowest relative history) unless 

otherwise indicated by the applicant. 

The proposed rule sets forth the 

specific approach NMFS would use to 

calculate the CHA at § 660.150(g)(6). 

Based on Pacific whiting observer data 

that reside in NORPAC on July 1, 2010, 

NMFS would calculate the CHA as a 

percentage of Pacific whiting of the total 

MS sector allocation for each year. The 

catch history would be used to assign 

both whiting and bycatch species 

allocations to a coop and the non-coop 

fishery. The catch history would 

include any deliveries of whiting by 

vessels registered to a permit that were 

combined to generate the current 

permit. Illegal landings would not count 

towards catch history; nor would 

landings history from Federal LE 

groundfish permits that were revoked or 

retired either through the Federal 

buyback program. Landings history 

associated with provisional ‘‘A’’ permits 

that did not result in an ‘‘A’’ permit and 

that associated with ‘‘B’’ permits would 

also not count towards catch history; 

these permits no longer exist. 

(D) Application and Correction 

The proposed rule sets forth the 

process for applications and corrections 

at § 660.150(g)(6). NMFS would mail a 

prequalified application form to current 

trawl permit owners where NMFS finds 

their LE permits to have a catch history 

that meets the qualifying criteria. This 

application would be mailed to current 

permit owner’s address of record in the 

NMFS permit data base. Prequalified 

applications would be partially prefilled by NMFS and would be required 

to be completed by the applicant and 

returned to NMFS by the application 

deadline date. 

If a current trawl LE permit owner 

does not receive a prequalified 

application from NMFS and the permit 

owner believes the permit’s catch 

history qualifies for a MS/CV 

endorsement and associated CHA, the 


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permit owner would be required to 

complete an application package 

(available from NMFS) and submit the 

application package to NMFS by the 

application deadline. If the permit 

owner fails to submit an application to 

NMFS by the deadline date, the person 

forgoes the opportunity to receive 

consideration for initial issuance of a 

MS/CV endorsement and associated 

CHA. 

If an applicant does not accept NMFS’ 

calculation in the prequalified 

application, the applicant would be 

required to identify in writing to NMFS 

which parts of the application the 

applicant contends to be inaccurate, and 

provide credible information to 

substantiate any request for correction 

by the application deadline date. 

Requests for corrections, as specified in 

§ 660.150(g)(6), may only be granted for 

changes to the selection of eight years 

with the highest relative history of 

whiting and errors in NMFS’ extraction, 

aggregation, or expansion of data, 

including errors in NMFS extraction of 

data from NORPAC; errors in NMFS 

calculation; and errors in the 

identification of the permit owner, 

permit combinations, or vessel 

registration as listed in NMFS permit 

database. Requests for corrections 

would be required to be submitted no 

later than the application deadline date. 

NMFS would review a correction 

provided by the applicant and either 

accept or not accept the correction. If a 

correction is accepted by NMFS, the 

CHA would be revised. If the applicant 

fails to provide the request for 

correction or documentation supporting 

the correction by the deadline date, 

NMFS would make its IAD based on the 

catch history data provided in the 

prequalified application. 

An applicant would be required to 

sign and notarize the completed 

application and return it to NMFS by 

the application deadline date (60 days 

after date of publication of the final rule 

in the Federal Register). A completed 

application would be required to 

contain the items listed in 

§ 660.150(g)(6), which include, but are 

not limited to: Certification that the 

applicant qualifies to own a MS/CVendorsed permit and indication as to 

whether they agree or disagree with 

NMFS’ determination on initial 

issuance of the MS/CV-endorsed permit 

and CHA provided in the application; 

and a complete Trawl Identification of 

Ownership Interest Form. Business 

entities may be required to submit a 

corporate resolution or any other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity. NMFS 

could request additional information of 

the applicant as necessary to make an 

IAD. 

(E) IAD 

NMFS would issue an IAD for all 

complete, certified applications 

received by the application deadline 

date. If NMFS approves the application, 

the applicant would receive a MS/CV 

endorsement and associated Pacific 

whiting CHA on their LE trawl-endorsed 

permit. If NMFS disapproves an 

applicant’s request to correct the 

application, the IAD would provide the 

reasons NMFS did not accept the 

corrections. If known at the time of the 

IAD, NMFS would indicate if the 

MS/CV-endorsed permit owner has 

ownership interest in CHAs that exceed 

the accumulation limits and are subject 

to divestiture provisions given at 

§ 660.150(g)(3). If the applicant does not 

appeal the IAD within 30 calendar days 

of the date on the IAD, the IAD becomes 

the final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

(F) Appeals 

An applicant who disagrees with 

NMFS’ determination on the application 

would be required to appeal within 30 

days or the IAD would become final. 

The proposed rule sets forth procedures 

and timelines for making appeals at 

§ 660.25(g). Only the applicant may 

appeal the IAD. The appeal would be 

required to be in writing and allege 

credible facts to show why the criteria 

have been met. In addition, 

§ 660.150(g)(6) of the proposed rule 

specifies that certain issues may not be 

appealed, including but not limited to 

the accuracy of data in the dataset 

extracted from NORPAC by NMFS on 

July 1, 2010. 

The proposed rule would address the 

status of permits pending appeal as 

follows. For the MS/CV endorsement 

qualifications and eligibility appeals, 

any endorsement under appeal after 

December 31, 2010, may not fish in the 

Pacific Coast groundfish fishery until a 

final decision on the appeal has been 

made. If the MS/CV endorsement would 

be issued, the endorsement would be 

effective upon approval. For a Pacific 

whiting CHA associated with a MS/CV 

endorsement under appeal, the CHA 

would remain as that previously 

assigned to the associated MS/CVendorsed LE permit before the appeals 

process (i.e. at the time of the IAD). The 

MS/CV-endorsed LE permit may be 

used to fish in the Pacific Coast 

groundfish fishery with the catch 

history assigned to the MS/CV-endorsed 

permit before the appeal. Once a final 

decision on the appeal has been made 

and if a revised CHA would be issued, 

the Pacific whiting CHA associated with 

the MS/CV endorsement would be 

effective at the start of the second year 

after the trawl rationalization program is 

implemented. 

(G) Permit Transfer During Application 

Period 

There would be a prohibition on 

transferring ownership of LE trawl 

permits during the application process 

until the final decision for that 

application has been made. 

iii. MS Coop Permit 

In order for NMFS to assign a suballocation to an MS coop, the coop 

would be required to obtain a coop 

permit each year. A coop permit would 

not be renewable and would need to be 

reissued annually. The application 

would be required to be submitted 

between February 1 and March 31 each 

year, which is before the start of the 

whiting season. While formation of a 

coop would be voluntary, certain rules 

would apply: The coop would be 

required to be a legal entity with a 

designated manager, it would be 

required to include at least 20 percent 

of the MS/CV-endorsed LE permit 

owners as members, and it would be 

required to represent all of its members. 

Coops would have to be responsible for 

monitoring and enforcing the terms of 

the coop agreement on their members. 

The MS Coop Program would allow for 

inter-coop agreements as well. 

Additional requirements pertaining to 

contents of coop agreements, inter-coop 

agreements, and the application process 

for a coop permit would be set forth in 

the program components rule. 

b. CHAs Allocation to the MS Coop 

CHAs would initially be allocated to 

the LE permits associated with 

individual whiting catcher vessels in 

the MS fishery that also qualify for an 

MS/CV endorsement, and would be 

non-severable from the LE permit. The 

CHA allocated to the LE permit would 

reflect that permit’s contribution to the 

total amount of fish its MS coop can 

harvest. 

Under the proposed program, NMFS 

would calculate the CHA for each 

individual MS/CV-endorsed LE permit 

as follows. First, NMFS would 

determine the total catch of whiting 

associated with each such permit for the 

years 1994–2003. Next, NMFS would 

calculate the permit’s ‘‘relative’’ pounds 

for each year by dividing the total catch 

of whiting by vessels registered to that 

permit by the total catch of whiting by 

all qualified permits. Unless otherwise 


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specified by the permit owner, the 8 

years with the highest relative history 

would be used. NMFS would then 

calculate the permit’s CHA as a 

percentage of the total relative histories 

of all eligible permits combined. NMFS 

would permanently assign a CHA to the 

MS/CV-endorsed LE permit, and the 

CHA would not be severable from its 

underlying permit. 

c. Transfer Provisions 

An MS permit would be transferable, 

and could be transferred to a vessel of 

any size (there would be no size 

endorsements associated with the 

permit). MS permits could not be 

transferred to a vessel engaged in the 

harvest of whiting in the year of the 

transfer. MS permits could be 

transferred two times during the fishing 

year provided that the second transfer is 

back to the original mothership (i.e., 

only one transfer per year to a different 

mothership). However, in order to 

acquire an MS permit, a person would 

have to be a U.S. citizen, permanent 

resident alien, or a corporation, 

partnership or other entity established 

under the laws of the United States or 

any State. 

MS/CV endorsements would not be 

severable from the LE permit. The CHA 

associated with the MS/CV endorsement 

could not be subdivided. MS/CV 

endorsed LE permits could be 

transferred two times during the fishing 

year, provided that the second transfer 

would be back to the original catcher 

vessel (i.e., only one transfer per year to 

a different catcher vessel). 

The annual allocations received by a 

coop based on catch history of the 

whiting endorsements held by its 

members could be transferred among 

coop members and, through the intercoop agreement, from one coop to 

another so long as obligations to 

processors are met. Whiting allocations 

may not be transferred from the MS 

sector to another sector. However, nonwhiting groundfish species with MS 

allocations may be reapportioned 

between the MS and C/P sectors subject 

to the provisions at § 660.150(d). 

4. Accumulation and Use Limits 

a. MS/CV-Endorsed Permit Ownership 

Limits 

An MS/CV-endorsed permit owner 

would not be allowed to accumulate 

more than 20 percent of the sector’s 

whiting allocation. NMFS would require 

submission of an ownership information 

form to track this requirement. In 

addition to the ownership limit, the 

program would restrict catcher vessel 

usage to no more than 30 percent of the 

MS sector whiting allocation. 

Ownership interest would be tracked 

pursuant to the ‘‘individual and 

collective’’ rule, which means that the 

whiting CHA that counts toward a 

person’s accumulation limit would 

include both the CHA owned by the 

person, and a portion of the CHA owned 

by an entity in which that person has an 

interest. 

NMFS would notify entities found to 

exceed these limits so that they could 

come into compliance prior to issuance 

of the permit. 

b. MS Usage Limits 

Owners of MS permits would be 

prohibited from processing more than 

45 percent of the MS sector whiting 

allocation. To monitor this requirement, 

NMFS would require annual renewal of 

the MS permit along with annual 

submission of an ownership interest 

form. Details regarding the MS permit 

usage limits would be set forth in the 

program components rule. 

5. Annual Renewal and MS Obligations 

Participants in the MS sector would 

be required to declare annually 

(between September 1 and December 31 

of the year before the whiting season) 

through the LE permit renewal process 

in what capacity they would operate: 

Coop or non-coop. Additionally, catcher 

vessels operating in a coop would be 

required to indicate which mothership 

they would be associated with, and 

which mothership it intends to obligate 

its catch to for the following year. 

If a mothership transfers its MS 

permit to a different mothership or 

different owner, the MS/CV-endorsed 

permit obligation for that year would 

remain in place and transfer with the 

MS permit to the replacement 

mothership unless the obligation is 

changed by mutual agreement. The 

obligation would not extend beyond the 

fishing year. 

If a MS/CV-endorsed permit owner 

transfers coop allocations to another 

coop member within the coop, or if a 

coop transfers allocations to another 

coop within an inter-coop agreement, 

such allocations would have to be 

delivered to the mothership to which 

the allocation is obligated through the 

preseason declaration, unless released 

by mutual agreement. By mutual 

agreement of the MS/CV-endorsed 

permit owner and mothership to which 

the permit is obligated, a permit would 

be allowed to deliver to a licensed 

mothership other than that to which it 

is obligated. 

If a mothership withdraws subsequent 

to quota assignment, then the MS/CVendorsed permit that it is obligated to 

would be free to participate in the coop 

or non-coop fishery. The MS permit 

owner would be required to notify 

NMFS as well as linked MS/CVendorsed permit owners of its 

withdrawal, and MS/CV-endorsed 

permit owners would be required to 

notify NMFS of their intent to 

participate in the coop or non-coop 

fishery thereafter. If continuing in a 

coop fishery, then the MS/CV-endorsed 

permit owner would be required to 

provide NMFS with the name of the 

new mothership to which it would be 

obligated for that season. 

6. Closures and Reapportionment 

Coops would provide for more direct 

accountability from coop participants. 

NMFS would be able to close the coop 

fishery (all MS coops combined), noncoop fishery, or entire MS sector upon 

the attainment, or projection of 

attainment, of its sub-allocation of any 

groundfish species with a formal 

allocation to the MS sector. The 

program would allow NMFS to close or 

restrict the MS Coop Program fisheries 

through management measures such as 

the inseason implementation of bycatch 

reduction areas. The MS Coop Program 

may be restricted or closed as a result 

of projected overages within the MS 

Coop Program, the C/P Coop Program, 

or the Shorebased IFQ Program. As 

determined necessary by the Regional 

Administrator, area restrictions, season 

closures, or other measures would be 

used to prevent the trawl sectors in 

aggregate or the individual sector 

(Shorebased IFQ, MS Coop, or C/P 

Coop) from exceeding an OY, or 

allocation. The program would also 

allow for the reallocation of non-whiting 

between MS and C/P sectors, as well as 

redistribution of a sub-allocation within 

a sector. 

7. Monitoring and Observer 

Requirements 

Amendment 20 would continue the 

current observer coverage aboard 

motherships. Catcher vessels would be 

required to carry a single observer 

whenever they are participating in the 

fishery. To ensure accurate catch 

weights, motherships would be required 

to make sure that all catch is weighed 

in its round form on a NMFS-approved 

scale. Scales meeting the NMFSapproval and the use of such scales, 

including testing and maintenance, 

would be specified. NMFS is working 

with the PSMFC to develop additional 

details regarding this provision. It is 

anticipated that observers would record 

fishing effort and estimate total, retained 

and discard catch weight by species; 

determine species composition of 


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retained and discarded catch (nonwhiting vessels) and document the 

reasons for discard; record interactions 

and sightings of protected species; and 

take biological samples from tagged fish 

and discards, and estimate viability of 

Pacific halibut. 

The agency has announced its intent, 

subject to available Federal funding, 

that participants would initially be 

responsible for 10 percent of the cost of 

hiring observers. The industry 

proportion of the costs of hiring 

observers would be increased every year 

so that by 2014, once the fishery has 

transitioned to the rationalization 

program, the industry would be 

responsible for 100 percent of the cost 

of hiring the observers. 

8. Fees 

The agency would collect fees to 

cover the administrative costs of issuing 

permits (one-time fee and annual 

renewal). In addition, Amendment 20 

would allow for assessing cost recovery 

fees of up to 3 percent of ex-vessel 

value, consistent with section 303A(e) 

of the MSA. The costs to be recovered 

would be the agency’s costs of 

management, data collection, analysis, 

and enforcement activities. The Council 

would develop the methodology 

required by section 303(A)(e) in a 

trailing action. 

9. Retention Requirements 

Catcher vessels would be prohibited 

from sorting or discarding any portion 

of the catch taken before the observer on 

the catcher vessel completes sampling 

of the catch, with the exception of 

minor amounts of catch that are lost 

when the codend is separated from the 

net and prepared for transfer. This is 

different from current regulations where 

catcher vessels are prohibited from 

discarding catch other than minor 

operational amounts. 

10. Data Collection 

Amendment 20 includes a 

comprehensive plan for collection of 

economic data as part of the coop 

program. While the upcoming program 

components rule would provide details 

on these provisions, the following are 

the central elements: 

• Mandatory submission of economic 

data for LE trawl industry (harvesters 

and processors). 

• Voluntary submission of economic 

data for other sectors of the fishing 

industry. 

• Include transaction value 

information in a centralized registry of 

ownership. 

• Formal monitoring of government 

costs. 

The mandatory data collection would 

focus on cost, revenue, ownership, and 

employment data. Data would be 

collected on a periodic basis (based on 

scientific requirements) to provide the 

information necessary to study the 

impacts of the program, including 

achievement of goals and objectives 

associated with the rationalization 

program. These data may also be used 

to analyze the economic and social 

impacts of future FMP amendments on 

industry, regions, and localities. 

The program would address the type 

of enforcement actions that could be 

taken if inaccuracies are found in 

mandatory data submissions. The intent 

of this provision is to ensure that 

accurate data are collected without 

being overly burdensome to the industry 

in the event of unintended errors. 

Annual reports would be provided to 

NMFS and the Council. 

A voluntary data collection program 

would collect information to assess 

spillover impacts on non-trawl fisheries. 

There would be a central registry for 

maintaining information on transaction 

prices. Data would also be collected and 

maintained on the costs to the 

government of monitoring, 

administration, and enforcement related 

to governance of the rationalization 

program. 

11. Reporting 

Each permitted MS coop would be 

required to submit a complete annual 

coop report to NMFS before the 

issuance of a new coop permit in a 

subsequent year. The contents of a 

complete annual report would be 

specified in regulation by NMFS 

through the program components rule. 

12. Bycatch Allocation and Management 

Amendment 20 provides for 

management of bycatch species with 

hard caps in both at-sea whiting 

fisheries (MS and C/P) as follows. 

Allocations of bycatch species with hard 

caps would be subdivided between the 

MS and C/P sectors. The MS 

subdivision would then be further 

subdivided between the coop and noncoop sectors. The MS coop sector 

subdivision would then be distributed 

among the individual coops. 

Unused bycatch could be rolled over 

(i.e., reapportioned) from one sector to 

another if the sector’s full allocation of 

whiting has been harvested or 

participants in the sector do not intend 

to harvest the remaining sector 

allocation, as indicated by the 

submission of a cease fishing report. 

NMFS could choose to close the 

whole MS sector, the non-coop fishery, 

and permitted coops based on the 

projected attainment of the at-sea 

whiting fishery bycatch cap for any one 

species. Each permitted MS coop would 

be responsible for monitoring its catch 

and to cease fishing when its bycatch 

allocation is reached. 

C. Catcher/Processor (C/P) Coop 

Program 

1. Structure Overview 

The C/P Coop Program would be a 

limited-access program that applies to 

participants in the C/P sector of the 

Pacific whiting at-sea trawl fishery. It 

would allow for the establishment of a 

single voluntary coop consisting of 

owners of C/P-endorsed LE permits and 

vessels registered to those permits. 

NMFS would annually permit the coop. 

The entire C/P sector allocations of 

whiting and non-whiting groundfish 

with formal allocations would be 

allocated to the permitted C/P sector 

coop. For the issuance of a C/P coop 

permit, a coop agreement would need to 

be accepted by NMFS. The coop would 

be expected to help achieve benefits that 

result from a slower-paced, more 

controlled harvest. If the coop fails, 

NMFS would implement an IFQ system 

that would equally divide the whiting 

QS for the C/P sector among all C/Pendorsed permits. 

2. Coop Species 

Pursuant to Amendment 20, hard caps 

would be established for the following 

species: Pacific whiting, canary 

rockfish, darkblotched rockfish, Pacific 

ocean perch, and widow rockfish. 

3. How To Participate 

a. The C/P-Endorsed Permit 

Requirement 

All vessels participating in the C/P 

coop fishery would be required to be 

registered to a LE permit with a C/P 

endorsement. The C/P endorsement 

would not be severable from the LE 

permit and would have to be renewed 

each year with a declaration of the 

participant’s intent to participate in the 

C/P coop fishery. Only parties who are 

eligible to own a U.S.-documented 

vessel may own a C/P-endorsed LE 

permit. 

A C/P permit that is combined with 

a LE trawl permit that is not C/P 

endorsed would result in a single C/P 

permit with a larger size endorsement. 

An MS/CV endorsement on one of the 

permits being combined would not be 

reissued on the resulting permit. The 

resulting size endorsement would be 

determined based on the existing permit 

combination formula. 

Length endorsement restrictions on 

LE permits endorsed for groundfish gear 


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would be retained; however, the 

provision that requires that the size 

endorsements on trawl permits 

transferred to smaller vessels be reduced 

to the size of that smaller vessel would 

be eliminated (i.e., length endorsements 

would not change when a trawlendorsed permit is transferred to a 

smaller vessel). 

i. Eligible To Apply 

Only an owner of a current trawlendorsed LE permit that has been 

registered to a vessel that has 

participated in the C/P fishery during 

the qualifying period would be eligible 

to receive a C/P endorsement. Any past 

catch history associated with the current 

limited entry trawl permit accrues to the 

current permit owner. NMFS would not 

recognize any other person as the 

limited entry permit owner other than 

the person listed as the limited entry 

permit owner in the NMFS permit 

database. 

ii. Qualifying Criteria 

In order to qualify for the 

endorsement, vessels registered to the 

permit would be required to have 

caught and/or processed any amount of 

whiting during a primary C/P season 

during the period January 1, 1997, 

through December 31, 2003. This 

criterion recognizes participants who 

purchased LE permits and have 

historically participated as a C/P sector 

of the Pacific whiting fishery. Using the 

years 1997 to 2003 reflects the time 

period after the separation of the at-sea 

sector into the C/P and MS sectors and 

is consistent with the control date for 

this action (2003). 

NMFS would rely on Pacific whiting 

observer data residing in the NORPAC 

database and NMFS trawl LE permit 

data as extracted by NMFS on July 1, 

2010, to determine whether a permit 

meets the qualifying criteria. A permit’s 

catch and/or processing history would 

include only the C/P history of whiting 

for those vessels registered to that 

particular permit during the qualifying 

years. Only whiting regulated by this 

subpart that was taken with midwater 

(or pelagic) trawl gear would count for 

the C/P endorsement. History of illegal 

landings would not count; nor would 

landings history from Federal LE 

groundfish permits that were revoked, 

retired through the Federal buyback 

program or otherwise discontinued, 

including B permits. NMFS recognizes 

that some permits combined to meet the 

size endorsements for C/Ps may have 

catch history as catcher vessels in the 

MS sector. Because a current permit 

may not qualify for both catch history 

under a MS/CV and a C/P endorsement, 

the proposed rule provides that the 

current permit owner may only apply 

for one and not both. 

iii. Application and Correction 

NMFS would mail a prequalified 

application to the owner of a vessel that 

NMFS preliminarily determines 

qualifies for a C/P endorsement. NMFS 

would mail the application to the 

current address of record in the NMFS 

permit database. The application would 

contain the basis of NMFS’ 

determination based on Pacific whiting 

observer data recorded in the data set 

that was extracted from NORPAC by 

NMFS on July 1, 2010. Prequalified 

applications would be partially prefilled by NMFS and would be required 

to be completed by the applicant and 

returned to NMFS by the application 

deadline date. 

If a current owner of a LE trawlendorsed permit does not receive a 

prequalified application and the permit 

owner believes the permit’s catch 

history qualifies for a C/P endorsement, 

the permit owner would be required to 

complete an application package 

(available from NMFS) and submit the 

application package to NMFS by the 

application deadline date. The applicant 

would be required to provide credible 

documentation to substantiate their 

claim as described in the proposed rule 

at § 660.160(d)(7). If the permit owner 

fails to contact NMFS in writing by the 

application deadline date, the person 

forgoes the opportunity to receive 

consideration for a C/P endorsement. 

If the applicant does not accept 

NMFS’ calculation in the prequalified 

application, the applicant would be 

required to identify in writing to NMFS 

which parts of the application the 

applicant contends to be in accurate, 

and provide credible information to 

substantiate any request for correction 

by the application deadline date, as 

described in the proposed rule at 

§ 660.160(d)(7). Requests for corrections 

may only be granted for errors in NMFS’ 

extraction, aggregation, or expansion of 

data, including errors in NMFS 

extraction of data from NORPAC, errors 

in NMFS’ calculation, and errors in 

identification of the permit owner, 

permit combinations, or vessel 

registration as listed in NMFS permit 

database. 

The applicant would be required to 

submit a completed application, which 

has been signed and notarized by the 

application deadline date (60 days after 

date of publication of the final rule in 

the Federal Register). To be complete, 

an application would be required to 

include certification that the applicant 

qualifies to own a C/P-endorsed permit 

and indication as to whether the 

applicant agrees or disagrees with 

NMFS’ determination on initial 

issuance of the C/P endorsed permit 

provided in the application. Business 

entities may be required to submit a 

corporate resolution or any other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity. NMFS may 

request additional information of the 

applicant as necessary to make an IAD. 

iv. IAD and Appeal 

NMFS would issue an IAD for all 

complete, certified applications 

received by the application deadline 

date. If NMFS approves the application, 

the applicant would receive a C/Pendorsed LE permit. If NMFS 

disapproves an applicant’s request to 

correct the application, the IAD would 

provide the reasons NMFS did not 

accept the corrections. If the applicant 

does not appeal the IAD within 30 

calendar days of the date on the IAD, 

the IAD becomes the final decision of 

the Regional Administrator acting on 

behalf of the Secretary of Commerce. 

For a C/P-endorsed permit issued 

under this section, the appeals process 

and timelines are specified at 

§ 660.25(g). For the initial issuance of a 

C/P-endorsed permit, the basis for 

appeal is described in § 660.160(d)(7). 

Items not subject to appeal include, but 

are not limited to, the accuracy of data 

in the dataset extracted from NORPAC 

by NMFS on July 1, 2010. 

v. Permit Transfer During Application 

Period 

During the application process for 

initial issuance of a C/P endorsement, a 

LE trawl permit owner would not be 

able to transfer ownership of the LE 

trawl permit until the final decision for 

that application has been made. 

vi. Renewals and Declarations 

A C/P endorsed LE permit would be 

required to be renewed annually during 

the existing LE permit renewal process. 

A C/P vessel would be prohibited from 

acting as a mothership or catcher vessel 

in the MS sector during the same year 

in which it operates as a C/P. A vessel 

would have to declare, at the beginning 

of each year, in which capacity it would 

operate. 

b. C/P Coop Permit 

In order for the C/P coop to receive 

the C/P sector allocation, the coop 

would be required to apply for and 

obtain a permit each year. A C/P coop 

permit would not be renewable and 

would need to be reissued annually. 

Between February 1 and March 31, 


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before the whiting season, the coop 

would be required to apply for a coop 

permit, which would include 

submitting a coop agreement to NMFS. 

While formation of a coop would be 

voluntary, coops would have to be 

responsible for monitoring and 

enforcing the terms of the coop 

agreement on their members. Additional 

requirements pertaining to the contents 

of coop agreements and the application 

process for a coop permit would be set 

forth in the program components rule. 

c. Transfers 

C/P permits may be transferred two 

times during the fishing year, provided 

that the second transfer would be back 

to the original vessel (i.e., only one 

transfer per year to a different vessel). 

4. Coop Failure/IFQ 

If the coop system fails, it would be 

replaced by an IFQ program and the 

initial issuance of IFQ would be 

allocated equally among the permits 

(equally divided among all C/Pendorsed permits). 

5. Accumulation Limits 

There would be no accumulation 

limits for the C/P coop since there 

would be only one coop. Within the 

coop, accumulation limits could be 

addressed through private arrangements 

if desired. 

6. Annual Report 

The C/P coop would be required to 

submit an annual report to NMFS and 

to the Council at its November meeting. 

The report would contain information 

about the current year’s C/P fishery, 

including the C/P sector’s annual 

allocation of Pacific whiting; the C/P 

coop’s actual retained and discarded 

catch of Pacific whiting, salmon, 

rockfish, groundfish, and other species 

on a vessel-by-vessel basis; a description 

of the method used by the C/P coop to 

monitor performance of coop vessels 

that participated in the C/P sector of the 

fishery; and a description of any actions 

taken by the C/P coop in response to 

any vessels that exceed their allowed 

catch and bycatch. The report would 

also identify plans for the next year’s 

C/P fishery, including the companies 

participating in the coop, the harvest 

agreement, and catch monitoring and 

reporting requirements. 

7. Catch Management 

Under Amendment 20, unused catch 

of non-whiting groundfish species with 

formal allocations could be rolled over 

(i.e. reapportioned) from one sector to 

another if the sector’s full allocation of 

whiting has been harvested or if 

participants in the sector do not intend 

to harvest the remaining sector 

allocation of whiting, as indicated by 

the submission of a cease fishing report. 

The C/P coop would be responsible for 

monitoring its catch of all species with 

formal allocations and to cease fishing 

when any formal allocation is reached. 

The C/P Coop Program may be 

restricted or closed as a result of 

projected overages within the C/P Coop 

Program, the MS Coop Program, or the 

Shore-based IFQ Program. As 

determined necessary by the Regional 

Administrator, area restrictions, season 

closures, or other measures would be 

used to prevent the trawl sectors in 

aggregate or the individual sector 

(Shore-based IFQ, MS Coop, or C/P 

Coop) from exceeding an OY, or formal 

allocation. To prevent the attainment of 

an overfished species allocation, NMFS 

could implement bycatch reduction 

areas inseason. These provisions would 

be implemented through the program 

components rule. 

8. Monitoring and Observer 

Requirements 

Amendment 20 would require 100 

percent observer coverage. Additional 

details regarding monitoring provisions 

would be set forth in the upcoming 

program components rule. 

9. Data Collection 

Amendment 20 includes a mandatory 

provision for collection of economic 

data as part of the coop program, 

consistent with the MSA. While the 

upcoming program components rule 

would provide details on these 

provisions, the following are the central 

elements: 

• Mandatory submission of economic 

data for LE trawl industry (harvesters 

and processors). 

• Voluntary submission of economic 

data for other sectors of the fishing 

industry. 

The mandatory data collection would 

focus on cost, revenue, ownership, and 

employment data. Data would be 

collected on a periodic basis (based on 

scientific requirements) to provide the 

information necessary to study the 

impacts of the program, including 

achievement of goals and objectives 

associated with the rationalization 

program. These data may also be used 

to analyze the economic and social 

impacts of future FMP amendments on 

industry, regions, and localities. 

The program would address the type 

of enforcement actions that could be 

taken if inaccuracies are found in 

mandatory data submissions. The intent 

of this provision is to ensure that 

accurate data are collected without 

being overly burdensome to the industry 

in the event of unintended errors. 

Annual reports would be provided to 

the Council. 

A voluntary data collection program 

would collect information to assess 

spillover impacts on non-trawl fisheries. 

10. Reporting 

The permitted C/P coop would be 

required to submit a complete annual 

coop report before the issuance of a new 

coop permit in a subsequent year. 

Amendment 20 outlines the 

requirement for an annual report. The 

contents of a complete annual report 

would be specified in regulation 

through the program components rule. 

The Council gave NMFS the 

flexibility to further develop the 

tracking and monitoring components of 

the trawl rationalization program. 

III. Amendment 21 Allocations 

Description 

A. Overview 

For species subject to trawl 

rationalization, Amendment 21 would 

modify the manner in which the annual 

OYs are distributed. Under the current 

allocation strategy established in 

Amendment 6, a commercial HG is 

divided between LE and OA, as 

necessary. For groundfish species 

covered under Amendment 21, the LE 

fixed gear fishery would no longer share 

an allocation with the LE trawl fishery. 

The recreational, directed OA, and the 

limited entry fixed gear fisheries would 

share an allocation. The OY would be 

reduced by the tribal fishery, incidental 

catch in the non-groundfish fishery, 

research catch, and the bycatch limits in 

exempted fishing permits, which would 

result in the fishery harvest guideline. 

The fishery harvest guideline would be 

divided between the trawl fishery and 

non-trawl fisheries (recreational, limited 

entry fixed gear, and directed open 

access) based on the percentages in 

Amendment 21. The distribution of 

harvest among the non-trawl fisheries 

would be established during the 

biennial specifications process. This 

proposed rule sets forth the specific 

percentages of the fishery HG for 

Amendment 21 species that would be 

allocated to the trawl and non-trawl 

fisheries. 

In order to implement the 

recommended IFQ and coop programs, 

it would be necessary for each of these 

trawl sectors to have a specific 

allocation of catch that could be divided 

among participants. While this could be 

accomplished through the specification 

process under the status quo, the 

Council determined that a fixed 


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allocation within the FMP would be 

preferable because it would promote 

predictability and the type of stability 

that facilitates successful relationships 

that make individual-based programs 

work. Thus, the Council recommended 

the allocations contained in 

Amendment 21. In addition, 

Amendment 21 would establish total 

catch limits (TCLs) for Pacific halibut, 

as well as set-asides to accommodate the 

rationalized trawl fleet. The TCLs would 

protect the directed fishery for halibut. 

Species not covered by Amendment 

21 would continue to be allocated 

through the biennial specifications 

process. The allocations in Amendment 

21 would constrain trawl harvests to a 

slightly lower level than status quo. 

Amendment 21 addresses six separate 

issues pertaining to allocation decisions: 

1. How to allocate species between 

the trawl and non-trawl categories; 

2. How to allocate between shorebased whiting and shore-based nonwhiting, for species other than 

darkblotched, Pacific ocean perch, 

widow, and sablefish North of 36° N. 

lat.; 

3. How to apportion among the 4 

trawl sectors (shore-based whiting, 

shore-based non-whiting, MS, and CP) 

the LE trawl allocation of darkblotched, 

Pacific ocean perch, widow, and 

sablefish North of 36° N.; 

4. Providing yield set-asides to 

accommodate non-overfished species 

bycatch in the at-sea (whiting) sectors; 

5. Limiting bycatch of halibut (a 

prohibited species); and 

6. Determining the process for future 

modification of allocations. 

B. Covered Species 

Species subject to Amendment 21’s 

trawl/non-trawl allocations would be: 

Lingcod, Pacific cod, sablefish south of 

36° N. lat., Pacific ocean perch, widow 

rockfish, chilipepper rockfish, splitnose 

rockfish, yellowtail rockfish north of 40° 

10′ N. lat., shortspine thornyhead (north 

and south of 34°27′ N. lat.), longspine 

thornyhead north of 34°27′ N. lat., 

darkblotched rockfish, minor slope 

rockfish (north and south of 40°10′ N. 

lat.), Dover sole, English sole, petrale 

sole, arrowtooth flounder, starry 

flounder, and the Other Flatfish 

complex. 

C. Proposed Actions 

1. Trawl vs. Non-Trawl 

Amendment 21 would formally 

allocate a subset of the HG to the 4 trawl 

sectors: Shore-based (whiting and nonwhiting), MS, and C/P. With respect to 

covered species, this would leave the LE 

fixed gear, OA, and recreational 

fisheries in a pool that would divide the 

remaining HG (via the biennial 

specification process). These allocations 

are set forth in the proposed rule at 

§ 660.55(m). 

In general, the allocations are based 

on catch history from 2003–2005 and 

the recommendations of the Groundfish 

Allocation Committee. The reason for 

this period is that the Council believed 

that a relatively recent catch period 

should form the basis for deciding 

sector allocations since discards during 

this period were better informed, and 

current management strategies, such as 

specification of Rockfish Conservation 

Areas, are more likely in the near future. 

However, for several species, the 

Council made modifications. For 

chilipepper rockfish south of 40°10′ N. 

lat., Amendment 21 contains a higher 

non-trawl allocation. This is intended to 

provide greater non-trawl access to this 

healthy stock off California. 

Amendment 21 would not allocate 

longspine thornyhead south of 34°27′ N. 

lat. to the trawl fishery. Longspine 

thornyhead are an incidentally caught 

species south of 34°27′ N. lat. and the 

available yields are not projected to 

constrain any of the groundfish fisheries 

there that incidentally catch these fish. 

Amendment 21 would allocate a 

much higher percentage of the available 

yield of starry flounder to non-trawl 

sectors (50 percent) than recommended 

by the Groundfish Allocation 

Committee. The catch history of starry 

flounder is highly uncertain, but they 

are significantly caught in nearshore 

trawl fisheries and recreational 

fisheries. The Council thought a 50:50 

trawl and non-trawl sharing of the 

available harvest of starry flounder was 

the fairest allocation. 

Amendment 21 includes a higher 

non-trawl allocation of species in the 

Other Flatfish complex than 

recommended by the Groundfish 

Allocation Committee (10 percent vs. 5 

percent). While most of these species 

are dominant to the trawl fishery, there 

are some species, such as Pacific 

sanddabs, that are significantly caught 

in non-trawl fisheries. The Council 

believed a higher non-trawl share of the 

available harvest of Other Flatfish 

species would better preserve non-trawl 

fishing opportunities. 

2. Allocations Between Shore-Based 

Whiting and Non-Whiting Sectors 

For the shore-based trawl fishery, 

Amendment 21 would establish a 

weighting scheme for distributing IFQ 

for covered species other than 

darkblotched rockfish, Pacific ocean 

perch, widow rockfish, and sablefish N. 

of 36° N. lat. between the shore-based 

whiting and shore-based non-whiting 

sectors. For species other than 

yellowtail rockfish and the trawldominant overfished species, 

Amendment 21 uses a weighting 

scheme based on the shore-based sector 

catch percentages during the 1995–2005 

period. 

Amendment 21 would allocate 300 mt 

of yellowtail rockfish to the shore-based 

whiting sector, and the shore-based nonwhiting sector would receive the 

remaining yield of yellowtail rockfish 

available to the LE trawl sectors minus 

any set-aside amount of yellowtail 

rockfish for the at-sea whiting sectors 

decided in the future. The initial setaside of yellowtail rockfish to 

accommodate bycatch by the at-sea 

whiting sectors is 300 mt. 

3. Apportionment of Three Overfished 

Species Among the Four Trawl Sectors 

For darkblotched, Pacific ocean perch, 

and widow, Amendment 21 would 

apportion the LE trawl allocation among 

the four main subdivisions: Shore-based 

whiting, shore-based non-whiting, MS, 

and C/P. These allocations would take 

the form of QS for the shore-based 

sectors and of non-whiting groundfish 

species catch limits for the at-sea sectors 

(MS and C/P). Initial sector allocation of 

canary rockfish would be decided in the 

biennial harvest specification and 

management measures process. 

The initial sector allocation of the 

trawl-dominant overfished species 

under Amendment 21 would be as 

follows: 

• For darkblotched rockfish, there 

would be an allocation of 9 percent or 

25 mt, whichever is greater, of the total 

LE trawl allocation of darkblotched 

rockfish to the whiting fisheries (at-sea 

and shore-based combined). The 

distribution of the whiting trawl 

allocation of darkblotched to individual 

whiting sectors would be done pro rata 

relative to the sectors’ whiting 

allocation. The remainder would be 

made available to the shore-based nonwhiting trawl fishery. 

• For Pacific ocean perch, there 

would be an allocation of 17 percent or 

30 mt, whichever is greater, of the total 

LE trawl allocation of Pacific ocean 

perch to the whiting fisheries (at-sea 

and shore-based combined). The 

distribution of the whiting trawl 

allocation of Pacific ocean perch to 

individual whiting sectors would be 

done pro rata relative to the sectors’ 

whiting allocation. The remainder 

would be made available to the shorebased non-whiting trawl fishery. 

• For widow rockfish, there would be 

an initial allocation of 52 percent of the 

total LE trawl allocation of widow 


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rockfish to the whiting sectors if the 

stock is under rebuilding or 10 percent 

of the total LE trawl allocation or 500 mt 

of the trawl allocation to the whiting 

sectors, whichever is greater, if the stock 

is rebuilt. If the stock is overfished 

when the initial allocation is 

implemented, the latter allocation 

scheme automatically kicks in when it 

is declared rebuilt. The distribution of 

the whiting trawl allocation of widow to 

individual whiting sectors would be 

done pro rata relative to the sectors’ 

whiting allocation. The remainder 

would be made available to the shorebased non-whiting trawl fishery. 

4. Yield Set-Asides for Bycatch of NonOverfished Species by the Two At-Sea 

Sectors 

The estimated fishing mortality of 

Amendment 21 species in the at-sea 

whiting fishery (MS and C/P sectors) 

other than Pacific whiting and the three 

trawl-dominant overfished species 

would be set-aside from the LE trawl 

allocations prior to making the initial 

shore-based trawl sector allocations. 

Set-aside amounts would not be 

allocations specified in the PCGFMP. It 

is anticipated that the projected 

incidental bycatch amounts in the at-sea 

whiting fishery will change in the future 

as better information becomes available. 

Therefore, set-asides would be 

implemented in and could be modified 

through the biennial specifications and 

management measures process. 

5. Halibut 

As set forth in the proposed rule at 

§ 660.55(m), Amendment 21 would 

establish a trawl mortality bycatch limit 

for legal and sublegal halibut in Area 2A 

(off Washington, Oregon and California) 

at 15 percent of the Area 2A constant 

exploitation yield (CEY) for legal size 

halibut, not to exceed 130,000 lbs for 

the first 4 years of trawl rationalization 

and not to exceed 100,000 lbs starting in 

the fifth year. This total bycatch limit 

may be adjusted downward or upward 

through the biennial specifications and 

management measures process. Part of 

the overall TCL would be a set-aside of 

10 mt of Pacific halibut, to 

accommodate bycatch in the at-sea 

Pacific whiting fishery and in the shorebased trawl fishery south of 40°10′ N. 

lat. (estimated at approximately 5 mt 

each). 

By holding the limit at 130,000 lbs for 

4 years and providing flexibility to make 

adjustments, the Council intended to 

address the uncertainty of how these 

constraints would affect the fleet and 

give the fleet time to learn strategies and 

areas for minimizing its halibut bycatch. 

6. Process for Future Re-Allocations 

The Council considered allowing the 

allocations in Amendment 21 that are 

specified in the PCGFMP to be modified 

through a framework action as part of 

the biennial management measures, but 

decided to recommend that these 

allocations specified in the PCGFMP be 

modified through an FMP amendment. 

The rationale was that the FMP 

amendment process imposes a higher 

standard for considering a change to the 

fishery, and that the Amendment 21 

allocations should be durable and not 

subject to reconsideration every 2 years 

in the biennial management process. 

Many representatives of the trawl 

industry recommended maintaining this 

process to provide more long-term 

stability to allow better business 

planning. 

7. Declaration as Overfished 

Amendment 21 would not affect the 

FMP provision to temporarily suspend 

any formal allocations for a species if it 

is declared overfished. Shorter-term ad 

hoc allocations would then be decided 

in an approved rebuilding plan (or in 

the biennial management process while 

the stock is still being managed under 

a rebuilding plan). 

8. 5-Year Review 

Amendment 21 would provide for a 

formal review of all Amendment 21 

allocations 5 years after 

implementation. This 5-year review is 

also a provision in the Amendment 20 

preferred alternative to formally review 

the trawl rationalization program 5 

years after implementation. 

IV. Proposed Rule 

As referenced above, while NMFS is 

reviewing Amendments 20 and 21 in 

their entirety, due to the complexity of 

the proposed program, this proposed 

rule focuses only on certain key 

components that would be necessary to 

have permits and endorsements issued 

in time for use in the 2011 fishery and 

in order to have the 2011 specifications 

reflect the new allocation scheme. On 

May 12, 2010, NMFS published a notice 

of availability of Amendments 20 and 

21, and consistent with requirements of 

the MSA, must make a decision to 

approve, disapprove, or partially 

approve the amendments by August 10, 

2010. Comments on the approvability of 

the amendments must be submitted to 

NMFS by July 12, 2010. 

At the April, 2010 Council meeting in 

Portland, Oregon, the Council deemed a 

version of these regulations as being 

necessary or appropriate to implement 

Amendments 20 and 21 and directed 

the Council staff to make specific 

revisions to the regulations, and 

additional edits as appropriate. The 

Council staff and NMFS coordinated on 

revisions to those regulations. The 

Council’s Executive Director has 

deemed that these regulations continue 

to be necessary or appropriate for the 

purpose of implementing the plan 

amendments consistent with the 

Council’s policy intent. 

A primary modification from the 

regulations reviewed by the Council in 

April, other than the ones specifically 

directed by the Council, is a revision of 

the sections regarding the formulas for 

the initial allocations. After the April 

meeting, NOAA and the Council staff 

corrected the regulations to ensure that 

they accurately reflect the amendments. 

The preamble highlights some questions 

regarding these formulas, and 

specifically seeks comment on them. 

Other changes have been made to 

ensure consistency with the 

amendments, to ensure consistency 

within the regulations, and to clarify 

some of the language. 

Specifically, this rule would establish 

the formal allocations set forth under 

Amendment 21 and establish 

procedures for initial issuance and 

appeals of permits, endorsements, and 

QS under the IFQ and coop programs. 

While there are changes in many 

sections of these draft regulations for the 

trawl rationalization program, the main 

areas that are new for the trawl 

rationalization program are highlighted 

below. 

• Section 660.25 contains general 

rules regarding permit requirements, 

including requirements for new permits 

and endorsements required for trawl 

rationalization: MS permits, MS/CV 

endorsements, and C/P endorsements. 

• Section 660.55 is the allocation 

section and contains the proposed 

allocations set forth in Amendment 21. 

• Section 660.111 contains 

definitions specific to the trawl 

fisheries, including new terminology 

that would be used under the proposed 

rationalization program, such as ‘‘catch 

history assignment,’’ ‘‘IFQ,’’ ‘‘first 

receivers,’’ and ‘‘processor obligations.’’ 

• Section 660.140 would set forth the 

requirements for the proposed IFQ 

program for the shore-based trawl 

sector. The provisions contained in this 

proposed rule would include initial 

requirements, including: The species 

covered; the general program structure 

and management; accumulation limits 

and how to define ownership and 

control; divestiture; the application 

process, and deadlines; eligibility 

criteria; how QS would be calculated; 

how to reassign landings history for 

Pacific whiting; IADs, and limitations 


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on appeals; and rules regarding transfers 

of permits during the application 

period. 

• Section 660.150 would set forth the 

requirements for the proposed MS Coop 

Program. The provisions contained in 

this proposed rule would include initial 

requirements including the species 

covered; the general program structure 

and management; accumulation limits 

and how to define ownership and 

control; divestiture; the application 

process, and deadlines; eligibility 

criteria for MS permits, MS/CV 

endorsement, and CHA assignments; 

characteristics of permits, how CHA 

would be assigned; IADs, and 

limitations on appeals; and rules 

regarding transfers of permits during the 

application period. 

• Section 660.160 would set forth the 

requirements for the proposed CP Coop 

Program. The provisions contained in 

this proposed rule would include initial 

requirements, including: The species 

covered; the general program structure 

and management; the application 

process and deadlines; eligibility 

criteria; IADs and limitations on 

appeals; and rules regarding transfers of 

permits during the application period. 

In addition, this proposed rule would 

also restructure the entire Pacific Coast 

groundfish regulations at 50 CFR part 

660 by moving from one subpart 

(subpart G) to five subparts (subparts C– 

G). This restructuring of existing 

groundfish regulations is necessary to 

make room for the expansion of 

regulations with the new trawl 

rationalization program and to make the 

regulations more clearly organized 

according to sectors within the 

groundfish fishery. The following table 

lists the distribution of the sections of 

50 CFR part 660 subpart G to the new 

subparts in 50 CFR 660 subparts C 

through G in this restructuring. 

Old New 

§ 660.301 Purpose and scope ............................................................... § 660.10, Subpart C Purpose and scope. 

§ 660.302 Definitions .............................................................................. § 660.11, Subpart C General definitions. 

§ 660.111, Subpart D Trawl fishery definitions. 

§ 660.211, Subpart E Fixed gear fishery definitions. 

§ 660.311, Subpart F Open access fishery definitions. 

§ 660.351, Subpart G Recreational fishery definitions. 

§ 660.303 Reporting and recordkeeping ................................................ § 660.113, Subpart C Recordkeeping and reporting. 

§ 660.113, Subpart D Trawl fishery recordkeeping and reporting. 

§ 660.213, Subpart E Fixed gear fishery recordkeeping and reporting. 

§ 660.313, Subpart F Open access fishery recordkeeping and reporting. 

§ 660.353, Subpart G Recreational fishery recordkeeping and reporting. 

§ 660.305 Vessel identification ............................................................... § 660.20, Subpart C Vessel and gear identification. 

§ 660.219, Subpart C Fixed gear identification and marking. 

§ 660.319, Subpart C Open access fishery gear identification and 

marking. 

§ 660.306 Prohibitions ............................................................................ § 660.12, Subpart C General groundfish prohibitions. 

§ 660.112, Subpart D Trawl fishery prohibitions. 

§ 660.212, Subpart E Fixed gear fisheries prohibitions. 

§ 660.312, Subpart F Open access fisheries prohibitions. 

§ 660.352, Subpart G Recreational fishery prohibitions. 

§ 660.312 Vessel Monitoring System (VMS) requirements ................... § 660.14, Subpart C Vessel Monitoring System (VMS) requirements. 

§ 660.314 Groundfish observer program ............................................... § 660.16, Subpart C Groundfish observer program. 

§ 660.18, Subpart C Certification and decertification procedures for 

observers, catch monitors, catch monitor providers and observer providers. 

§ 660.116, Subpart D Trawl fishery observer requirements. 

§ 660.216, Subpart E Fixed gear fishery observer requirements. 

§ 660.316, Subpart F Open access fishery observer requirements. 

§ 660.356, Subpart G Recreational fishery observer requirements. 

§ 660.320 Allocations ............................................................................. § 660.55, Subpart C Allocations. 

§ 660.321 Black rockfish harvest guideline ............................................ § 660.55(l), Subpart C Black rockfish harvest guideline. 

§ 660.322 Sablefish allocations .............................................................. § 660.55(h), Subpart C Sablefish allocations (north of 36° N. lat.). 

§ 660.323 Pacific whiting allocations, allocation attainment, and 

inseason allocation reapportionment.

§ 660.55(i), Subpart C. 

§ 660.131 Pacific Whiting Fishery Management Measures. 

§ 660.324 Pacific Coast treaty Indian fisheries ...................................... § 660.50, Subpart C. 

§ 660.331 Limited entry and open access fisheries—general ............... § 660.24, Subpart C Limited entry and open access fisheries. 

§ 660.333 Limited entry fishery—eligibility and registration ................... § 660.25(b)(1), Subpart C. 

§ 660.334 Limited entry permits—endorsements .................................. § 660.25(b)(3), Subpart C. 

§ 660.335 Limited entry permits—renewal, combination, stacking, 

change of permit ownership or permit holdership, and transfer.

§ 660.25(b)(4), Subpart C. 

§ 660.336 Pacific whiting vessel licenses .............................................. § 660.26, Subpart C Pacific Whiting Vessel Licenses. 

§ 660.337 Trawl Rationalization program—data collection requirements.removed. 

§ 660.338 Limited entry permits—small fleet ......................................... § 660.25(b)(5), Subpart C. 

§ 660.339 Limited entry permit and Pacific whiting vessel license fees § 660.26, Subpart C Pacific Whiting Vessel Licenses. 

§ 660.340 Limited entry permit appeals ................................................. § 660.25(g), Subpart C. 

§ 660.341 Limited entry permit sanctions .............................................. § 660.25(h), Subpart C. 

§ 660.350 Compensation with fish for collecting resource information—exempted fishing permits off Washington, Oregon, and California.§ 660.30, Subpart C Compensation With Fish for Collecting Resource 

Information—EFPs. 

§ 660.365 Overfished species rebuilding plans ..................................... § 660.40, Subpart C Overfished species rebuilding plans. 

§ 660.370 Specifications and management measures .......................... § 660.60, Subpart C Specifications and Management Measures. 


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Old New 

§ 660.120, Subpart D Trawl Fishery Crossover Provisions. 

§ 660.220, Subpart E Fixed Gear Fishery Crossover Provisions. 

§ 660.320, Subpart F Open Access Crossover Provisions. 

§ 660.371 Black rockfish fishery management ...................................... § 660.230(d), Subpart E Fixed Gear Fishery Management Measures. 

§ 660.330(e), Subpart E Fixed Gear Fishery Management Measures. 

§ 660.372 Fixed gear sablefish fishery management ............................ § 660.231, Subpart E Limited Entry Fixed Gear Primary Fishery for 

Sablefish. 

§ 660.232, Subpart E Limited Entry Sablefish Daily Trip Limit (DTL) 

Fishery for Sablefish. 

§ 660.332, Subpart F Open Access Sablefish Daily Trip Limit (DTL) 

Fishery for Sablefish. 

§ 660.373 Pacific whiting (whiting) fishery management ....................... § 660.131, Subpart D Pacific Whiting Fishery Management Measures. 

(j) Additional requirements for participants in the Pacific Whiting 

Shoreside fishery.

§ 660.15, Subpart C Equipment Requirements. 

§ 660.12 General Groundfish Prohibitions (a)(13). 

§ 660.380 Groundfish harvest specifications ......................................... § 660.65, Subpart C. 

§ 660.381 Limited entry trawl fishery management measures .............. § 660.130 Trawl Fishery Management Measures. 

§ 660.230, Subpart E Fixed Gear Fishery Management Measures. 

§ 660.382 Limited entry fixed gear fishery management measures ...... § 660.330, Subpart F Open Access Fishery Management Measures. 

§ 660.383 Open access fishery management measures ...................... § 660.333, Subpart F Open Access Non-groundfish Trawl Fishery— 

Management Measures. 

§ 660.384 Recreational fishery management measures ....................... § 660.360, Subpart G Recreational Fishery Management Measures. 

§ 660.385 Washington coastal tribal fisheries management measures § 660.50, Subpart C Pacific Coast Treaty Indian Fisheries. 

§ 660.390 Groundfish conservation areas ............................................. § 660.70, Subpart C Groundfish conservation areas. 

§ 660.391 Latitude/longitude coordinates defining the 10-fm (18-m) 

through 40-fm (73-m) depth contours.

§ 660.71, Subpart C Latitude/longitude coordinates defining the 10-fm 

(18-m) through 40-fm (73-m) depth contours. 

§ 660.392 Latitude/longitude coordinates defining the 50 fm (91 m) 

through 75 fm (137 m) depth contours.

§ 660.72, Subpart C Latitude/longitude coordinates defining the 50 fm 

(91 m) through 75 fm (137 m) depth contours. 

§ 660.393 Latitude/longitude coordinates defining the 100 fm (183 m) 

through 150 fm (274 m) depth contours.

§ 660.73, Subpart C Latitude/longitude coordinates defining the 100 

fm (183 m) through 150 fm (274 m) depth contours. 

§ 660.394 Latitude/longitude coordinates defining the 180 fm (329 m) 

through 250 fm (457 m) depth contours.

§ 660.74, Subpart C Latitude/longitude coordinates defining the 180 

fm (329 m) through 250 fm (457 m) depth contours. 

§ 660.395 Essential Fish Habitat (EFH) ................................................. § 660.75, Subpart C Essential Fish Habitat (EFH). 

§ 660.396 EFH Conservation Areas ...................................................... § 660.76, Subpart C EFH Conservation Areas. 

§ 660.397 EFH Conservation Areas off the Coast of Washington ........ § 660.77, Subpart C Conservation Areas off the Coast of Washington. 

§ 660.398 EFH Conservation Areas off the Coast of Oregon ............... § 660.78, Subpart C Conservation Areas off the Coast of Oregon. 

§ 660.399 EFH Conservation Areas off the Coast of California ............ § 660.79, Subpart C Conservation Areas off the Coast of California. 

Table 1a to Part 660, Subpart G—2009, Specifications of ABCs, OYs, 

and HGs, by Management Area (weights in metric tons).

Table 1a to Part 660, Subpart C—2009, Specifications of ABCs, OYs, 

and HGs, by Management Area (weights in metric tons). 

Table 1b to Part 660, Subpart G—2009, Harvest Guidelines for Minor 

Rockfish by Depth Sub-groups (weights in metric tons).

Table 1b to Part 660, Subpart C—2009, Harvest Guidelines for Minor 

Rockfish by Depth Sub-groups (weights in metric tons). 

Table 1c to Part 660, Subpart G—2009, Open Access and Limited 

Entry Allocations by Species or Species Group (weights in metric 

tons).

Table 1c to Part 660, Subpart C—2009, Open Access and Limited 

Entry Allocations by Species or Species Group (weights in metric 

tons). 

Table 2a to Part 660, Subpart G—2010, Specifications of ABCs, OYs, 

and HGs, by Management Area (weights in metric tons).

Table 2ato Part 660, Subpart C—2010, Specifications of ABCs, OYs, 

and HGs, by Management Area (weights in metric tons). 

Table 3 (North) 660, Subpart G—2010 Trip Limits for Limited Entry 

Trawl Gear North of 40°10′ N. Lat.

Table 1 (North) 660, Subpart D—2010 Trip Limits for Limited Entry 

Trawl Gear North of 40°10′ N. Lat. 

Table 3 (South) 660, Subpart G—2010 Trip Limits for Limited Entry 

Trawl Gear South of 40°10′ N. Lat.

Table 1 (South) 660, Subpart D—2010 Trip Limits for Limited Entry 

Trawl Gear South of 40°10′ N. Lat. 

Table 4 (North) 660, Subpart G—2009–2010 Trip Limits for Limited 

Entry Fixed Gear North of 40°10′ N. Lat.

Table 2 (North) 660, Subpart E—2009–2010 Trip Limits for Limited 

Entry Fixed Gear North of 40°10′ N. Lat. 

Table 4 (South) 660, Subpart G—2009–2010 Trip Limits for Limited 

Entry Fixed Gear South of 40°10′ N. Lat.

Table 2 (South) 660, Subpart E—2009–2010 Trip Limits for Limited 

Entry Fixed Gear South of 40°10′ N. Lat. 

Table 5 (North) 660, Subpart G—2009–2010 Trip Limits for Open Access Gears North of 40°10′ N. Lat.Table 3 (North) 660, Subpart F—2009–2010 Trip Limits for Open Access Gears North of 40°10′ N. Lat. 

Table 5 (South) 660, Subpart G—2009–2010 Trip Limits for Open Access Gears South of 40°10′ N. Lat.Table 3 (South) 660, Subpart F—2009–2010 Trip Limits for Open Access Gears South of 40°10′ N. Lat. 

Figure 1 to Subpart G of Part 660—Diagram of Selective Flatfish Trawl Figure 1 to Subpart C of Part 660—Diagram of Selective Flatfish Trawl. 

Table 2 to Part 660—Vessel Capacity Ratings for West Coast Groundfish Limited Entry Permits.Table 3 to Subpart C of Part 660—Vessel Capacity Ratings for West 

Coast Groundfish Limited Entry Permits. 

In addition to the reorganization of 

the existing groundfish regulations into 

the new regulatory structure, NMFS has 

made some minor revisions to 

regulatory language. Most changes 

revise the existing regulatory language 

to work with the new structure and the 

proposed changes to the limited entry 

trawl fishery, including but not limited 

to: Revising the definitions used for the 

trawl fishery; revising definitions used 

for allocations; moving definitions, 

prohibitions, recordkeeping and 

reporting requirements, observer 

requirements, crossover provisions, and 

management measures to the subpart for 

each fishery (trawl, fixed gear, open 

access, recreational); and updating cross 

references. 

Some minor revisions not directly 

related to the trawl rationalization 

program or intersector allocations were 

made to update regulatory language. 

The following definitions were revised: 

Address of record, Council, fishing gear, 

groundfish, groundfish trawl, initial 


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administrative determination, nongroundfish trawl, overage, permit 

holder, and permit owner. New 

definitions were added for the following 

terms: Bag limits, boat limits, daily trip 

limit fishery, endorsement, entity, 

calendar year, fish, fishing, fishing 

vessel, hook limits, non-groundfish 

fishery, observer, operate a vessel, 

primary season, sablefish tier limit 

fishery, tier limit, vessel of the United 

States, and vessel owner. In order to 

improve clarity and better match the 

MSA definition, the term ‘‘participate’’ 

was changed to ‘‘fish’’ where appropriate 

throughout the regulations. NMFS is 

particularly seeking comment on the 

revised and new definitions. NMFS may 

implement these definitions under 

section 303(d) of the Magnuson Act. 

In the new § 660.20, vessel and gear 

identification language was combined to 

make it easier for readers to find the 

identification requirements. In the new 

§ 660.25, old language referring to the 

LE fixed gear sablefish permit stacking 

program’s application requirements and 

qualifying criteria for the endorsement/ 

tier assignment and various exemptions 

(at-sea processing, adding spouse to 

permit, owner on board exemption) 

were removed because the application 

window for these closed between 1998 

and 2007, depending on the provision. 

In the new § 660.50, regulations 

affecting treaty tribes were combined 

from §§ 660.324 and 660.385 to make it 

easier for the reader to find the tribal 

requirements. In the new § 660.60 

paragraph (f), the description of 

Exempted Fishing Permits (EFPs) was 

revised to clarify the different types of 

EFPs: Compensation fishing EFPs versus 

all other EFPs. In the new §§ 660.231 

and 660.232, the fixed gear sablefish tier 

limit fishery and the LE daily trip limit 

fishery have been separated from one 

section to two to make it easier to find 

the requirements for each of these 

fisheries. In the new § 660.333, the OA 

non-groundfish trawl fishery 

management measures were separated 

into their own section to make it easier 

to find these requirements; they were 

previously combined with the general 

OA fishery management measures listed 

in the new § 660.330. In the new 

§ 660.352, new gear and trip 

prohibitions were added for the 

recreational fishery. 

Revisions to Paperwork Reduction Act 

(PRA) References 

Section 3507 of the PRA requires that 

agencies inventory and display a current 

control number assigned by the 

Director, OMB, for each agency 

information collection, and 15 CFR 

902.1(b) identifies the location of NOAA 

regulations for which OMB approvals 

have been issued. Because this rule 

codifies recordkeeping and reporting 

requirements, 15 CFR 902.1(b) is revised 

to correctly reference the new sections 

resulting from the reorganization. 

The following table lists the 

derivation of the NOAA PRA approvals 

for regulatory requirements in 50 CFR 

part 660: 

Old section New section OMB Control 

No. 

§ 660.303 Reporting and recordkeeping § 660.113, Subpart C Recordkeeping and Reporting ¥0271 

§ 660.113, Subpart D Trawl Fishery Recordkeeping and Reporting 

§ 660.213, Subpart E Fixed Gear Fishery Recordkeeping 

and Reporting 

§ 660.313, Subpart F Open Access Fishery Recordkeeping 

and Reporting 

§ 660.353, Subpart G Recreational Fishery Recordkeeping 

and reporting 

§ 660.305 Vessel identification § 660.20, Subpart C Vessel and Gear Identification ............... ¥0355 

§ 660.219, Subpart C Fixed Gear Identification and Marking 

§ 660.319, Subpart C Open Access Fishery Gear Identification and Marking 

§ 660.322 Sablefish allocations § 660.55 (h), Subpart C Sablefish Allocations (north of 36° N. 

lat.).

¥0352 

§ 660.323 Pacific whiting allocations, allocation attainment, 

and inseason allocation reapportionment 

§ 660.55 (i), Subpart C ............................................................... ¥0243 

§ 660.131 Pacific Whiting Fishery Management Measures 

§ 660.331 Limited Entry and open access fisheries—general § 660.25(a), Subpart C ............................................................... ¥0243 

§ 660.333 Limited entry fishery—eligibility and registration § 660.25(b)(1), Subpart C .......................................................... ¥0203 

§ 660.334 Limited entry permits—endorsements § 660.25(b)(3), Subpart C .......................................................... ¥0203 

§ 660.335 Limited entry permits—renewal, combination, 

stacking, change of permit ownership or permit holdership, 

and transfer 

§ 660.25(b)(4), Subpart C .......................................................... ¥0203 

§ 660.336 Pacific whiting vessel licenses § 660.26, Subpart C ................................................................... ¥0583 

§ 660.337 Trawl Rationalization program—data collection requirements removed. ¥0599 

§ 660.338 Limited entry permits—small fleet § 660.25(b)(5), Subpart C .......................................................... ¥0203 

§ 660.339 Limited entry permit and Pacific whiting vessel license fees § 660.26, Subpart C ................................................................... ¥0203 

§ 660.340 Limited entry permit appeals § 660.25(g), Subpart C ............................................................... ¥0203 

§ 660.341 Limited entry permit sanctions § 660.25(h), Subpart C ............................................................... ¥0203 

§ 660.350 Compensation with fish for collecting resource information—exempted fishing permits off Washington, Oregon, and California § 660.30, Subpart C ................................................................... ¥0203 


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V. Related Rulemakings and Future 

Actions 

Previous Rule 

On January 29, 2009, NMFS 

published a final rule to initiate the data 

collection necessary to support initial 

issuance of permits, endorsement, and 

QS under the IFQ and Coop programs. 

This rule provided notice to participants 

in the industry to review their catch 

data for purposes of ensuring that the 

quota share and other calculations 

undertaken by NMFS would be based 

on the best available data (74 FR 4684). 

Program Components Rule 

NMFS plans to publish additional 

details regarding implementation of 

Amendment 20 through an upcoming 

‘‘program components’’ rule. This rule 

would address details regarding IFQ 

gear switching provisions, observer 

programs, retention requirements, 

equipment requirements, catch 

monitors, catch weighing requirements, 

coop permits/agreements, first receiver 

site licenses, and vessel QP accounts. 

Additionally, further tracking and 

monitoring components may be 

proposed, as well as requirements for 

economic data collection requirements, 

and cost recovery. 

The Council plans to address 

additional details related to 

implementation of Amendments 20 and 

21 through subsequent Council actions 

(‘‘trailing actions’’). Details to be 

addressed through trailing actions could 

include: 

• Adaptive Management Program. 

• Community Fishing Associations. 

• Cost Recovery details. 

• Safe harbors for control language. 

• Severability for MS/CV–endorsed 

permits and catch history assignment. 

Classification. 

Pursuant to section 304(b)(1)(A) of the 

MSA, the NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Pacific Coast Groundfish FMP. 

The Council prepared a draft 

environmental impact statement for 

Amendment 20 to the Pacific Coast 

Groundfish FMP; a notice of availability 

was published on December 4, 2009 (74 

FR 63751). The Council also prepared a 

draft environmental impact statement 

for Amendment 21 to the Pacific Coast 

Groundfish FMP; a notice of availability 

was published on January 29, 2010 (75 

FR 4812). The trawl rationalization 

program would consist of: (1) An IFQ 

program for the shore-based LE 

groundfish trawl fleet; and (2) coop 

programs for the at-sea whiting LE 

groundfish trawl fleet. The trawl 

rationalization program is intended to 

increase net economic benefits, create 

economic stability, provide full 

utilization of the trawl sector allocation, 

consider environmental impacts, and 

promote conservation through 

individual accountability for catch and 

bycatch. 

This proposed rule has been 

determined to be significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of the IRFA is available from 

NMFS (see ADDRESSES) and a summary 

of the IRFA, per the requirements of 5 

U.S.C. 604(a) follows: 

The Council has prepared two EIS 

documents: Amendment 20— 

Rationalization of the Pacific Coast 

Groundfish Limited Entry Trawl 

Fishery, which would create the 

structure and management details of the 

trawl fishery rationalization program; 

and Amendment 21—Allocation of 

Harvest Opportunity Between Sectors of 

the Pacific Coast Groundfish Fishery, 

which would allocate the groundfish 

stocks between trawl and non-trawl 

fisheries. The two draft EIS’s prepared 

by the Council provide economic 

analyses of the Council’s preferred 

alternatives and draft RIR and IRFAs. 

The draft RIR and IRFAs were updated 

and combined into a single RIR/IRFA. 

Among other things, this single RIR/ 

IRFA contains additional information 

on characterizing the participants in the 

fishery and on the tracking and 

monitoring costs associated with this 

program. 

Due to the complexity of the proposed 

fishery management measures, the rule 

associated with this analysis proposes 

only certain key components that would 

be necessary to have permits and 

endorsements issued in time for use in 

the 2011 fishery and in order to have the 

2011 specifications reflect the new 

allocation scheme. Specifically, this rule 

would establish the allocations set forth 

under Amendment 21 and would 

establish procedures for initial issuance 

of permits, endorsements, and QS under 

the IFQ and Coop programs. NMFS 

plans to propose additional program 

details in a future proposed rule. Such 

additional details would include: 

Program components applicable to IFQ 

gear switching, observer programs, 

retention requirements, equipment 

requirements, catch monitors, catch 

weighing requirements, coop permits/ 

agreements, first receiver site licenses, 

quota share accounts, vessel QP 

accounts, further tracking and 

monitoring components, and economic 

data collection requirements. In order to 

encourage more informed public 

comment, this proposed rule includes a 

general description of these additional 

program requirements. NMFS is also 

planning a future ‘‘Cost-Recovery’’ rule, 

based on a recommended methodology 

yet to be developed by the Pacific 

Fishery Management Council. 

The RIR/IRFA analyzes two 

alternatives—the No-Action Alternative 

and the Preferred Alternative. The 

analysis of the no action alternative 

describes what is likely to occur in the 

absence of the proposed action. It 

provides a benchmark against which the 

incremental effects of the proposed 

action can be compared. Under the no 

action alternative, the current, primary 

management tool used to control the 

Pacific coast groundfish trawl catch 

includes a system of two month 

cumulative landing limits for most 

species and season closures for Pacific 

whiting. This management program 

would continue under the no action 

alternative. Only long-term, fixed 

allocations for Pacific whiting and 

sablefish north of 36° N. lat. would 

exist. All other groundfish species 

would not be formally allocated 

between the trawl and non-trawl 

sectors. Allocating the available harvest 

of groundfish species and species 

complexes would occur in the Council 

process of deciding biennial harvest 

specifications and management 

measures and, as such, would be 

considered short term allocations. 

The analysis of the preferred 

alternative describes what is likely to 

occur as a result of the proposed action. 

Under the preferred alternative, the 

existing shore-based whiting and shorebased non-whiting sectors of the Pacific 

Coast groundfish limited entry trawl 

fishery would be managed as one sector 

under a system of IFQs, and the at-sea 

whiting sectors of the fishery (i.e., 

catcher-processor sector and mothership 

sector, which includes motherships and 

catcher vessels) would be managed 

under a system of sector-specific 

harvesting cooperatives (co-ops). The 

catcher-processor sector would continue 

to operate under the existing, selfdeveloped co-op program entered into 

voluntarily by that sector. A distinct set 

of groundfish species and Pacific 

halibut would be covered by the 

rationalization program. Amendment 20 

would include a tracking and 


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monitoring program to assure that all 

catch (including discards) would be 

documented and matched against QP. 

The Council specified that observers 

would be required on all vessels and 

shore-based monitoring (catch monitors) 

would be required during all off-loading 

(100 percent coverage). Compared to 

status quo monitoring, this would be a 

monitoring and observer coverage level 

increase for a large portion of the trawl 

fleet, particularly for non-whiting shorebased vessels. 

The limited entry trawl fishery is 

divided into two broad sectors: A multispecies trawl fishery, which most often 

uses bottom trawl gear (hereafter called 

the non-whiting fishery), and the Pacific 

whiting fishery, which uses midwater 

trawl gear. The non-whiting fishery is 

principally managed through 2-month 

cumulative landing limits along with 

closed areas to limit overfished species 

bycatch. Fishery participants target the 

range of species described above with 

the exception of Pacific whiting. By 

weight, the vast majority of trawl vessel 

groundfish is caught in the Pacific 

whiting fishery. In contrast, the nonwhiting fishery accounts for the 

majority of limited entry trawl fishery 

ex-vessel revenues. On average for the 

period 2000–2005, Pacific whiting 

accounted for about 75 percent of the 

quantity of groundfish landed in the 

limited entry trawl fishery, but only 21 

percent of the value due to their 

relatively low ex-vessel price. 

Non-whiting trawl vessels deliver 

their catch to shoreside processors and 

buyers located along the coasts of 

Washington, Oregon, and California, 

and tend to have their homeports 

located in towns within the same 

general area where they make deliveries, 

though there are several cases of vessels 

delivering to multiple ports during a 

year. Some Pacific whiting trawl vessels 

are catcher-processors, which, as their 

name implies, process their catch onboard, while other vessels in this sector 

deliver their catch to shoreside 

processors or motherships that receive 

Pacific whiting for processing but do not 

directly harvest the fish. 

Over time, landings in the limited 

entry trawl fishery have fluctuated, 

especially on a species-specific basis. 

Pacific whiting has grown in 

importance, especially in recent years. 

Through the 1990s, the volume of 

Pacific whiting landed in the fishery 

increased. In 2002 and 2003, landings of 

Pacific whiting declined due to 

information showing the stock was 

depleted and the subsequent regulations 

that restricted harvest in order to 

rebuild the species. Over the years 

2003–2007, estimated Pacific whiting 

ex-vessel revenues averaged about $29 

million. In 2008, these participants 

harvested about 248,000 tons of whiting 

worth about $63 million in ex-vessel 

revenues, based on shore-based exvessel prices of $254 per ton, the highest 

ex-vessel revenues and prices on record. 

In comparison, the 2007 fishery 

harvested about 224,000 tons worth $36 

million at an average ex-vessel price of 

about $160 per ton. 

While the Pacific whiting fishery has 

grown in importance in recent years, 

harvests in the non-whiting component 

of the limited entry trawl fishery have 

declined steadily since the 1980s. Exvessel revenues in the fishery peaked in 

the mid 1990s at over $60 million. 

Following the passage of the Sustainable 

Fisheries Act (1996) and the listing of 

several species as overfished, harvests 

became increasingly restricted and 

landings and revenues declined steadily 

until 2002. Since 2002, ex-vessel 

revenues have stabilized at 

approximately $23–$27 million per 

year. In 2007, the Council estimates that 

159 trawlers landed 94,000 mt of 

groundfish, earning $37 million in exvessel revenues, for an average of 

$234,000 per vessel. 

Expected Effects of Amendment 21— 

Intersector Allocation 

The allocation of harvest opportunity 

between sectors under the proposed 

regulation does not differ significantly 

from the allocation made biennially 

under the no action alternative. The 

primary economic effect of the longterm allocation under the proposed 

regulations is to provide more certainty 

in future trawl harvest opportunities, 

which would enable better business 

planning for participants in the 

rationalized fishery. As described 

elsewhere, the trawl rationalization 

program could create an incentive 

structure and facilitate more 

comprehensive monitoring to allow 

bycatch reduction and effective 

management of the groundfish fisheries. 

In support of the trawl rationalization 

program, the main socioeconomic 

impact of Amendment 21 allocations is 

longer term stability for the trawl 

industry. While the preferred 

Amendment 21 allocations do not differ 

significantly from status quo ad hoc 

allocations made biennially, there is 

more certainty in future trawl harvest 

opportunities, which enables better 

business planning for participants in the 

rationalized fishery. This is the main 

purpose for the Amendment 21 actions. 

The economic effects of Amendment 21 

arise from the impacts on current and 

future harvests. The need to constrain 

groundfish harvests to address 

overfishing has had substantial 

socioeconomic impacts. The groundfish 

limited entry trawl sector has 

experienced a large contraction, spurred 

in part by a partially federallysubsidized vessel and permit buyback 

program implemented in 2005. This $46 

million buyback program was financed 

by a Congressional appropriation of $10 

million and an industry loan of $36 

million. Approximately 240 groundfish, 

crab, and shrimp permits were retired 

from state and federal fisheries, and 

there was a 35 percent reduction in the 

groundfish trawl permits. To repay the 

loan, groundfish, shrimp and crab 

fisheries are subject to landings fees. 

Follow-on effects of the buyback have 

been felt in coastal communities where 

groundfish trawlers comprise a large 

portion of the local fleet. As the fleet 

size shrinks and ex-vessel revenues 

decline, income and employment in 

these communities is affected. Fisheryrelated businesses in the community 

may cease operations because of lost 

business. This can affect non-groundfish 

fishery sectors that also depend on the 

services provided by these businesses, 

such as providing ice and buying fish. 

An objective to the trawl rationalization 

program is to mitigate some of these 

effects by increasing revenues and 

profits within the trawl sector. However, 

because further fleet consolidation is 

expected, the resulting benefits are 

likely to be unevenly distributed among 

coastal communities. Some 

communities may see their groundfish 

trawl fleet shrink further as the 

remaining vessels concentrate in a few 

major ports. Species subject to 

Amendment 21 allocations would be: 

Lingcod, Pacific cod, sablefish south of 

36°N. lat., Pacific ocean perch, widow 

rockfish, chilipepper rockfish, splitnose 

rockfish, yellowtail rockfish north of 

40°10′ N. lat., shortspine thornyhead 

(north and south of 34°27′ N. lat.), 

longspine thornyhead north of 34°27′ N. 

lat., darkblotched rockfish, minor slope 

rockfish (north and south of 40°10′ N. 

lat.), Dover sole, English sole, petrale 

sole, arrowtooth flounder, starry 

flounder, and Other Flatfish. While the 

preferred Amendment 21 allocations of 

these species do not differ significantly 

from status quo ad hoc allocations made 

biennially, there is more certainty in 

future trawl harvest opportunities, 

which enables better business planning 

for participants in the rationalized 

fishery. This is the main purpose for the 

Amendment 21 actions. 

Based on ex-vessel revenue 

projections, Table 4–18 (ISA DEIS) 

shows the potential 2010 yield to trawl 

and non-trawl (including recreational) 


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sectors under the Amendment 21 

alternatives and the potential 2010 

value of alternative trawl allocations. 

Under the status quo option Alternative 

1, the projected ex-vessel value of the 

trawl allocation is $56 million while the 

projected ex-vessel value of the 

Council’s preferred alternative is $54 

million, indicating a potential increase 

to the non-trawl sectors and a potential 

decrease to the trawl sector. 

In addition to the species above, 

halibut would also be specifically 

allocated to the trawl fishery. The 

proposed regulations include a halibut 

trawl bycatch reduction program in 

phases to provide sufficient time to 

establish a baseline of trawl halibut 

bycatch and for harvesters to explore 

methods (e.g., adjustments to time and/ 

or area fished, gear modifications) to 

reduce halibut bycatch and bycatch 

mortality. Pacific halibut are currently 

not allowed to be retained in any U.S. 

or Canadian trawl fisheries per the 

policy of the IPHC. The Council’s intent 

on setting a total catch limit of Pacific 

halibut in Area 2A trawl fisheries is to 

limit the bycatch and progressively 

reduce the bycatch to provide more 

benefits to directed halibut fisheries. 

The program establishes a limit for total 

Pacific halibut bycatch mortality (legalsized and sublegal fish) through the use 

of an individual bycatch quota in the 

trawl fishery. The initial amount for the 

first two years of the trawl 

rationalization program would be 

calculated by taking 15% of the Area 2A 

Total Constant Exploitation Yield (CEY) 

as set by the International Pacific 

Halibut Commission (IPHC) for the 

previous year, not to exceed 130,000 lbs 

per year for total mortality. For example, 

if the trawl rationalization program 

went into effect in 2013, the trawl 

halibut IBQ would be set at 15% of the 

Area 2A CEY adopted for 2012 or 

130,000 lbs per year, whichever is less, 

for 2013 and 2014 (Years 1 and 2 of the 

program). Beginning with the third year 

of implementation, the maximum 

amount set aside for the trawl 

rationalization program would be 

reduced to 100,000 lbs per year for total 

mortality. This amount may be adjusted 

downward through the biennial 

specifications process for future years. 

Currently there are no total catch 

limits of Pacific halibut specified for the 

west coast trawl fishery. Trawl bycatch 

of Pacific halibut, therefore, does not 

limit the trawl fishery. A phased in, 

halibut bycatch reduction program, 

would provide sufficient time to 

establish a baseline of trawl halibut 

bycatch under the new rationalization 

program and for harvesters to explore 

methods (e.g., adjustments to time and/ 

or area fished, gear modifications) to 

reduce both halibut bycatch and bycatch 

mortality. By limiting the bycatch of 

Pacific halibut in the LE trawl fisheries, 

Amendment 21 would control bycatch 

and could provide increased benefits to 

Washington, Oregon, and California 

fishermen targeting Pacific halibut. 

Reducing the trawl limit would also 

provide more halibut to those who 

participate in the directed tribal, 

commercial and recreational halibut 

fisheries. 

Effects of Amendment 20—Trawl 

Rationalization 

Due to the lack of quantitative data, 

an overall comprehensive model was 

not feasible. Instead, a set of models 

designed to focus on specific issues was 

developed. For example, models were 

used to: Analyze the effects of the initial 

allocation of QS in the trawl IFQ 

program; project geographic shifts in 

fishery patterns; and illustrate the 

potential for reducing bycatch, 

increasing target catch, and increasing 

revenues. To illustrate the benefits of 

the IFQ program, a model projecting the 

expected amount of fleet consolidation 

in the shore-based non-whiting fishery 

was developed. This model illustrates 

the potential for the fleet to reduce 

bycatch and potentially increase the 

amount of target species harvested. This 

model is primarily based on bycatch 

reduction experiences in the Pacific 

whiting fishery and under an Exempted 

Fishing Permit carried out in the 

arrowtooth flounder fishery. The model 

accounts for the fact that trawlers 

harvest many species (multiple 

outputs). The model also uses fish ticket 

data and the data from the recently 

completed West Coast Limited Entry 

Cost Earnings Survey sponsored by the 

NMFS Northwest Fisheries Science 

Center. (For the other sectors, similar 

models could not be developed because 

the appropriate cost data was 

unavailable). 

Estimates of potential economic 

benefits are generated based on the 

predicted harvesting practices from the 

first step analysis. Because the west 

coast non-whiting groundfish fishery is 

not a derby fishery, it is expected that 

economic benefits will come through 

cost reductions and increased access to 

target species that arise from 

modifications in fishing behavior 

(overfished species avoidance). The key 

output of this analysis is an estimate of 

post-rationalization equilibrium 

harvesting cost. 

Changes in harvesting costs can arise 

from three sources. First, the total fixed 

costs incurred by the groundfish trawl 

fleet change as the size of the fleet 

changes. Since many limited entry 

trawlers incur annual fixed costs of at 

least $100,000, reductions in fleet size 

can result in substantial cost savings. In 

other words, a fewer number of vessels 

in the fishery will lead to decreased 

costs through a decrease in annual fixed 

costs. Second, costs may change as 

fishery participation changes and no 

longer incur diseconomies of scope 

(such as the costs of frequently 

switching gear for participating in 

multiple fisheries). Third, costs may 

change as vessels are able to buy and 

sell quota to take advantage of 

economies of scale and operate at the 

minimum point on their long-run 

average cost curve (i.e. the strategy that 

minimizes the cost of harvesting). 

The major conclusions of this model 

suggest that (with landings held at 2004 

levels), the current groundfish fleet 

(non-whiting component) which 

consisted of 117 vessels in 2004, will be 

reduced by roughly 50% to 66%, or 40– 

60 vessels under an IFQ program. The 

reduction in fleet size implies cost 

savings of $18–$22 million for the year 

2004 (most recent year of the data). 

Vessels that remain active will, on 

average, be more cost efficient and will 

benefit from economies of scale that are 

currently unexploited under controlled 

access regulations in the fishery. The 

cost savings estimates are significant, 

amounting to 60% of the costs incurred 

currently, suggesting that IFQ 

management may be an attractive option 

for the Pacific Coast Groundfish Fishery. 

Assuming a 10% annual return to the 

vessel capital investment, estimates 

indicate that the 2004 groundfish fleet 

incurred a total cost of $39 million. The 

PacFIN data indicate fleetwide revenue 

at roughly $36 million in 2004, and, 

therefore, fleet wide losses of about $3 

million occurred in 2004. Based on a 

lower 5% return to vessel capital, the 

results suggest that the groundfish fleet 

merely broke even in 2004; i.e., 

dockside revenues were offset by the 

fleet wide harvesting costs. The results 

also suggest a switch from the current 

controlled access management program 

to IFQs could yield a significant 

increase in resource rents in the Pacific 

Coast Groundfish fishery. For instance, 

the analysis finds that the 2004 

groundfish catch generated zero 

resource rent. Instead, it could have 

yielded a substantial positive rent at 

about $14 million. 

As the model was based on the 2004 

fishery, it may be useful to show current 

trends in the fishery. In 2004, the 

shorebased non-whiting trawl fishery 

generated about $30 million in ex-vessel 

revenues. But according to cost 

estimates discussed above, this fishery 


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was at best breaking even or perhaps 

suffering a loss of up to $2 million. 

Since 2004, shorebased non-whiting 

trawl fisheries have increased their 

revenues to about $40 million. The 

increases in shorebased revenues have 

come from increased landings of flatfish 

and sablefish and significant increase in 

sablefish ex-vessel prices. Sablefish now 

accounts for almost half of the trawl 

fleet’s revenues. While revenues were 

increasing, so were fuel prices. Fuel 

costs are about 30 to 40% of the vessels’ 

revenues. The average 2005–2009 

revenues were about $28 million, or 22 

percent greater than 2004. The average 

2005–2009 fuel price was about $2.81, 

70% greater than that of 2004. 

Therefore, it appears that 2009 fishery 

may not be that much improved over 

that of 2004. 

Based on the various models, exvessel revenues for the non-whiting 

sector of the limited entry trawl fishery 

are estimated to be approximately $30– 

50 million per year under the preferred 

alternative, compared to $22–25 million 

under the no action alternative. This 

revenue increase is expected to occur in 

a rationalized fishery, because target 

species quotas can be more fully 

utilized. Currently, in the non-whiting 

sector, cumulative landing limits for 

target species have to be set lower 

because the bycatch of overfished 

species cannot be directly controlled. 

Introducing accountability at the 

individual vessel level by means of IFQs 

provides a strong incentive for bycatch 

avoidance (because of the actual or 

implicit cost of quota needed to cover 

bycatch species) and prevents the 

bycatch of any one vessel from affecting 

the harvest opportunity of others. In 

addition, under the preferred 

alternative, the non-whiting sector 

would have control over harvest timing 

over the whole calendar year. Under the 

no action alternative, the non-whiting 

sector would continue to operate under 

2-month cumulative landing limits, 

which reduces flexibility within the 

period, because any difference between 

actual limits and the period limit cannot 

be carried over to the next period. 

Finally, the ability for vessels managed 

under IFQs to use other types of legal 

groundfish gear could allow some 

increases in revenue by targeting highervalue line or pot gear caught fish. This 

opportunity would mainly relate to 

sablefish, which are caught in deeper 

water, rather than nearshore species 

where state level regulatory constraints 

apply. 

The preferred alternative may also 

increase ex-vessel revenues of nonwhiting trawl harvesters by changing 

their bargaining power with processors 

over ex-vessel prices. Under the 

preferred alternative, the current 2- 

month cumulative limits structure of the 

non-whiting trawl fishery would be 

replaced with QP that is available for a 

year, thereby extending the time horizon 

harvesters have to negotiate prices with 

processors without losing available 

fishing opportunity. The extended 

period would give harvesters greater 

latitude to hold out for better prices 

compared to the no action alternative. 

However, it should also be noted that 

these negotiations will also be affected 

by the availability of target species, as 

well as the availability of bycatch. 

Costs for the non-whiting sector of the 

limited entry trawl fishery are expected 

to decrease under the preferred 

alternative because of productivity gains 

related to fleet consolidation. 

Productivity gains would be achieved 

through lower capital requirements and 

a move to more efficient vessels. 

Operating costs for the non-whiting 

sector are predicted to decrease by as 

much as 60 percent annually. Based on 

estimates of current costs, this 

percentage decrease represents a $13.8 

million cost reduction relative to the no 

action alternative. 

The accumulation limits considered 

under the preferred alternative are not 

expected to introduce cost inefficiencies 

in the non-whiting sector, provided that 

current prices and harvest volumes do 

not decrease. However, the preferred 

alternative would impose new costs on 

the non-whiting sector that would not 

be incurred under the no action 

alternative. First, a landings fee of up to 

3 percent of the ex-vessel value of fish 

harvested would be assessed under the 

preferred alternative to recover 

management costs, such as maintenance 

of the system of QS accounts. Second, 

new at-sea observer requirements would 

be introduced, and vessels would have 

to pay the costs of complying with these 

requirements, estimated at $500 a day if 

independent contractors are hired. The 

daily observer cost could place a 

disproportionate adverse economic 

burden on small businesses because 

such costs would comprise a larger 

portion of small vessels costs than that 

of larger vessels. 

The increase in profits that 

commercial harvesters are expected to 

experience under the preferred 

alternative may render them better able 

to sustain the costs of complying with 

the new reporting and monitoring 

requirements. The improved harvesting 

cost efficiency under the preferred 

alternative may allow the non-whiting 

sector to realize profits of $14–23 

million compared to $0 or less under 

the no action alternative. In addition, a 

provision that allows vessels managed 

under the IFQ program to use other legal 

gear (gear switching) would allow 

sablefish allocated to the trawl sector to 

be sold at a higher price per pound, 

possibly contributing to increased 

profits. The imposition of accumulation 

limits could reduce the expected 

increase in the profitability of the nonwhiting sector by restricting the amount 

of expected cost savings, and the costs 

of at-sea observers may reduce profits by 

about $2.2 million, depending on the fee 

structure. However, the profits earned 

by the non-whiting sector would still be 

substantially higher under the preferred 

alternative than under the no action 

alternative. 

New entrants are likely to face a 

barrier to entry in the Pacific Coast 

groundfish limited entry trawl fishery in 

the form of the cost of acquiring QS (or 

a co-op share in the case of the at-sea 

whiting sector). This disadvantages 

them in comparison to those entities 

that receive an initial allocation of 

harvest privileges. Small entities may be 

particularly disadvantaged to the degree 

that they may find it more difficult to 

finance such quota purchases. Among 

the goals the Council identified for the 

adaptive management program was to 

use the reserved non-whiting QS to 

facilitate new entry into the fishery. In 

addition, the Council identified, as a 

trailing action, a framework to allow the 

establishment and implementation of 

Community Fishing Associations as part 

of the adaptive management program. 

These entities could facilitate entry into 

the fishery by leasing QS at below 

market rates, thereby leveling the 

playing field in terms of costs between 

initial recipients of QS and new 

entrants. 

The incremental effects of the 

preferred alternative on buyers and 

processors of trawl caught groundfish 

are detailed Sections 4.9–4.10 of the 

Rationalization of the Amendment 20 

Pacific Coast Groundfish Limited Entry 

Trawl Fishery DEIS. Even though 

processors may have to pay fishermen 

higher ex-vessel prices, processors may 

see cost savings under the preferred 

alternative to the degree that 

rationalization allows greater control 

over the timing and location of landings. 

Processors could use current plant 

capacity more efficiently, because 

available information suggests that 

processing facilities are currently 

underutilized. Fleet consolidation in the 

non-whiting sector could also provide 

cost savings for processors if landings 

occur in fewer locations, thereby 

reducing the need for facilities and/or 

transport. The preferred alternative 

would also impose new costs on 


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processors that would not be incurred 

under the no action alternative. 

Processors would be required to pay 

some or all of the costs of plant 

monitors, who would verify landings. 

Similar to at-sea observers, these 

monitors would be independent 

contractors rather than direct employees 

of the processing firm. 

In the non-whiting processing 

industry, harvest volumes may increase 

because of a decrease in constraining 

species bycatch and a subsequent 

increase in under-utilized target species 

catch. This boost in target species catch 

may increase utilization of processing 

capital and processing activity. (It 

should be noted that if under the 

current system bycatch has been 

underreported, with 100 percent 

observer coverage under the new 

system, the gains in increased target 

catches may be less than expected.) 

Consequently, the possibility of capital 

consolidation in the non-whiting shorebased sector may be less than in the 

shore-based whiting sector. However, 

shifts in the distribution of landings 

across ports as a result of fleet 

consolidation, industry agglomeration, 

and the comparative advantage of ports 

(a function of bycatch rates in the waters 

constituting the operational area for the 

port, differences in infrastructure, and 

other factors) could lead to 

consolidation in processing activity at a 

localized or regional scale and an 

expansion in processing activity 

elsewhere. To mitigate harm to 

adversely impacted non-whiting 

shoreside processors, the adaptive 

management program provides a 

mechanism to distribute non-whiting 

QS to processors, thereby ensuring that 

some processors receive greater landings 

of groundfish than would otherwise be 

the case. 

As noted above, the preferred 

alternative may reduce the power of 

non-whiting shoreside processors to 

negotiate ex-vessel prices with 

harvesters. The larger harvest volume 

due to bycatch avoidance may lower 

processor average costs, which could 

offset the negative effects on nonwhiting shoreside processors of a shift 

in bargaining power. In addition, QS 

could be purchased by processors over 

the long term, thereby increasing 

processors’ negotiation power. However, 

the accumulation limits included in the 

preferred alternative would limit the 

ability of processors to purchase 

substantial quantities of QS. 

Alternatively, the adaptive management 

provision could be used to allocate QS 

to non-whiting shoreside processors, 

thereby providing them additional 

leverage when negotiating terms with 

harvesters. 

The allocation of 20 percent of the 

initial shore-based whiting QS to the 

shoreside processor portion of the 

groundfish fishery would give these 

processors more influence in 

negotiations over ex-vessel prices and 

would tend to offset the gains in 

bargaining power for harvesters. For 

example, a processor could use QS to 

induce a harvester that is short of quota 

pounds for a Pacific whiting trip to 

make deliveries under specified 

conditions and prices. However, 

because of a reduction in peak harvest 

volume, fewer processing companies 

and/or facilities may be necessary to 

handle harvest volumes of Pacific 

whiting, meaning some companies may 

find themselves without enough 

product to continue justifying 

processing operations of Pacific whiting. 

Revenues from harvesting and 

processing trawl-caught groundfish are 

expected to increase. Total revenue from 

non-whiting trawl fisheries was $25 

million in 2007. Revenue is expected to 

increase 1.1 to 1.6 times in a 

rationalized fishery, depending on 

bycatch rate reductions and stock status. 

Revenue increases are mainly expected 

because under rationalized fisheries, 

target species quotas can be more fully 

utilized. Currently, in the non-whiting 

sector, cumulative landing limits for 

target species have to be set lower 

because the bycatch of overfished 

species cannot be directly controlled. 

Introducing accountability at the 

individual vessel level provides a strong 

incentive for bycatch avoidance 

(because of the actual or implicit cost of 

quota needed to cover bycatch species) 

and prevents the bycatch of any one 

vessel from affecting the harvest 

opportunity of others. Whiting fisheries 

are more directly managed through 

quotas, and in recent years, by limits on 

bycatch. Beginning in 2009, bycatch 

limits have been established for each of 

the three whiting sectors. For the shorebased and mothership whiting sectors, 

the fishery can potentially close before 

the whiting allocation is fully harvested 

because a bycatch cap is reached. (The 

catcher-processor sector currently 

operates as a voluntary co-op and is 

therefore better able to coordinate 

harvest strategy to avoid reaching 

bycatch limits.) However, in general, the 

whiting sectors have been able to 

harvest their sector allocations. Whiting 

vessels could increase revenues due to 

improved product recovery as a result of 

the ability to better control harvest 

timing. As mentioned above, the ability 

for vessels managed under IFQs to use 

other types of legal groundfish gear 

could allow some increases in revenue 

by targeting higher-value line or pot gear 

caught fish. 

Harvester and possibly processor 

costs are expected to decrease because 

of productivity gains related to fleet 

consolidation. Cost savings would be 

due to lower capital requirements and a 

move to more efficient vessels in the 

non-whiting sector. Costs are predicted 

to decrease by as much as 60 percent 

annually, which based on estimates of 

current operating costs would represent 

a $13.8 million decrease. Similar levels 

of consolidation are expected for 

shorebased and mothership catcher 

vessels. Proposed mitigation measures 

could reduce these costs savings. For 

example, a 1 percent quota share 

accumulation limit could reduce cost 

savings by as much as 20 percent. But 

the accumulation limits considered in 

the alternatives are not expected to 

introduce higher costs at current prices 

and harvest volume. The proposed 

action would introduce some new costs. 

First, up to 3 percent of the value of 

landings may be assessed to cover 

administrative and management costs. 

Second, new at-sea observer 

requirements would be introduced and 

vessels would have to pay the cost, 

estimated at $350–$500 a day. 

Processors may see cost-savings to the 

degree that rationalization allows 

greater control over the timing and 

location of landings. Processors could 

use current plant capacity more 

efficiently, because available 

information suggests that processing 

facilities are currently underutilized. 

Fleet consolidation could also drive 

some cost savings on the part of 

processors if landings occur in fewer 

locations. This would reduce the need 

for facilities and/or transport. Under the 

proposed action, processors would be 

required to pay the costs of plant 

monitors, who would verify landings. 

These monitors would not be directly 

employed by the processing firm but, 

similar to at-sea observers, be 

independent contractors. 

Rationalization of the groundfish 

trawl sector is expected to free up 

capital and labor because of increases in 

productivity. (Since the basic input, 

trawl-caught fish, is subject to an 

underlying constraint due to biological 

productivity, increases in labor and 

capital productivity are expected to 

reduce the amount of those inputs 

needed.) However, from a national net 

benefit perspective these effects are 

neutral since capital and labor can be 

put to some productive use elsewhere in 

the broader economy. Also, current 

groundfish fishery participants that 


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receive QS (trawl limited entry trawl 

permit holders and eligible shoreside 

processors) are compensated to the 

degree that the asset value of the QS 

covers capital losses. 

The tracking and monitoring costs of 

this program will be provided in more 

detail with the ‘‘program components’’ 

rule making. However, the RIR/IRFA to 

this rule contains some preliminary 

estimates. After a transition period, for 

the shore-based fishery, the initial 

estimates of the annual federal and state 

agency costs to run this program are 

about $5 million. Based on the observer 

cost of $500 per day, the annual costs 

of observers monitoring is about $4 

million and at $350 per day, the 

compliance monitor program is just over 

$1 million annually. These figures add 

up just over $10 million. From a costbenefit view point, if consolidation 

leads to $14 million savings from 

reduced harvesting costs and the new 

program increases the tracking and 

monitoring costs of $10 million, there is 

a projected net gain of about $4 million. 

This does not take into account 

expectations that costs will likely be 

reduced due to consolidation or the 

expected increases in revenues 

discussed above. 

While the effect of the preferred 

alternative on revenues and costs in the 

whiting sector of the limited entry trawl 

fishery is more difficult to estimate, the 

lower motivation to ‘‘race for fish’’ due 

to coop harvest privileges is expected to 

result in improved product quality, 

slower-paced harvest activity, increased 

yield (which should increase exvessel 

prices), and enhanced flexibility and 

ability for business planning. The 

overall effect of these changes would be 

higher revenues and profits for 

harvesters in the shoreside and 

mothership portions of the whiting 

fishery in comparison to the no action 

alternative. Under the preferred 

alternative, some consolidation may 

occur in the shoreside and mothership 

sectors of the Pacific whiting fishery, 

though the magnitude of consolidation 

is expected to be less than in the nonwhiting sector. The existing catcherprocessor coop would continue under 

the preferred alternative, with effects on 

the catcher-processor sector that look 

similar, or identical, to those of the no 

action alternative. However, the change 

from a vessel-based limit under 

Amendment 15 to the permit-based 

limit of Amendment 21 will provide 

additional flexibility that currently does 

not exist in the whiting fishery. 

This proposed rule would regulate 

businesses that harvest groundfish and 

processors that wish to process limited 

entry trawl groundfish. Under the RFA, 

the term ‘‘small entities’’ includes small 

businesses, small organizations, and 

small governmental jurisdictions. For 

small businesses, the SBA has 

established size criteria for all major 

industry sectors in the US, including 

fish harvesting and fish processing 

businesses. A business involved in fish 

harvesting is a small business if it is 

independently owned and operated and 

not dominant in its field of operation 

(including its affiliates) and if it has 

combined annual receipts not in excess 

of $4.0 million for all its affiliated 

operations worldwide. A seafood 

processor is a small business if it is 

independently owned and operated, not 

dominant in its field of operation, and 

employs 500 or fewer persons on a full 

time, part time, temporary, or other 

basis, at all its affiliated operations 

worldwide. A business involved in both 

the harvesting and processing of seafood 

products is a small business if it meets 

the $4.0 million criterion for fish 

harvesting operations. A wholesale 

business servicing the fishing industry 

is a small business if it employs 100 or 

fewer persons on a full time, part time, 

temporary, or other basis, at all its 

affiliated operations worldwide. For 

marinas and charter/party boats, a small 

business is one with annual receipts not 

in excess of $7.0 million. The RFA 

defines a small organization as any 

nonprofit enterprise that is 

independently owned and operated and 

is not dominant in its field. The RFA 

defines small governmental 

jurisdictions as governments of cities, 

counties, towns, townships, villages, 

school districts, or special districts with 

populations of less than 50,000. 

NMFS makes the following 

conclusions based primarily on analyses 

associated with fish ticket data and 

limited entry permit data, available 

employment data provided by 

processors, information on the 

charterboat and tribal fleets, and 

available industry responses to on-going 

survey on ownership. Entities were 

analyzed as to whether they were only 

affected by the Amendment 21 

allocation processes (non-trawl), or if 

they were affected by both Amendment 

20 and 21 (trawl). 

The non-trawl businesses are 

associated with the following fleets: 

Limited entry fixed gear (approximately 

150 companies), open access groundfish 

(1,100), charterboats (465), and the tribal 

fleet (four tribes with 66 vessels). 

Available information on average 

revenue per vessel suggests that all the 

entities in this group can be considered 

small. 

For the trawl sector, there are 177 

permit holders. Nine limited entry trawl 

permits are associated with the catcherprocessing vessels which are considered 

‘‘large’’ companies. Of the remaining 168 

limited entry permits, 25 limited entry 

trawl permits are either owned or 

closely associated with a ‘‘large’’ shorebased processing company or with a 

non-profit organization who considers 

itself a ‘‘large’’ organization. Nine other 

permit owners indicated that they were 

large ‘‘companies.’’ Almost all of these 

companies are associated with the 

shorebased and mothership whiting 

fisheries. The remaining 134 limited 

entry trawl permits are projected to be 

held ‘‘small’’ companies. Three of the six 

mothership processors are ‘‘large’’ 

companies. Within the 14 shorebased 

whiting first receivers/processors, there 

are four ‘‘large’’ companies. Including 

the shorebased whiting first receivers, in 

2008, there were 75 first receivers that 

purchased limited entry trawl 

groundfish. There were 36 small 

purchasers (less than $150,000); 26 

medium purchasers (purchases greater 

than $150,000 but less than $1,000,000); 

and 13 large purchasers (purchases 

greater than $1.0 million). Because of 

the costs of obtaining a ‘‘processor site 

license’’, procuring and scheduling a 

catch monitor, and installing and using 

the electronic fish ticket software, these 

‘‘small’’ purchasers will likely opt out of 

buying groundfish, or make 

arrangements to purchase fish from 

another company that has obtained a 

processing site license. 

The major impacts of this rule appear 

to be on three groups: Shoreside 

processors which are a mix of large and 

small processors; and shore-based 

trawlers which are also a mix of large 

and small companies. The non-whiting 

shore-based trawlers are currently 

operating at a loss or at best are 

‘‘breaking even.’’ The new 

rationalization program would lead to 

profitability, but only with a reduction 

of about 60 percent of the fleet. This 

program would lead to major changes in 

the fishery. To help mitigate against 

these changes, as discussed above, the 

agency has announced its intent, subject 

to available Federal funding, that 

participants would initially be 

responsible for 10 percent of the cost of 

hiring observers and catch monitors. 

The industry proportion of the costs of 

hiring observers and catch monitors 

would be increased every year so that by 

2014, once the fishery has transitioned 

to the rationalization program, the 

industry would be responsible for 100 

percent of the cost of hiring the 

observers and catch monitors. NMFS 

believes that an incrementally reduced 

subsidy to industry funding would 


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enhance the observer and catch monitor 

program’s stability, ensure 100 percent 

observer and catch monitor coverage, 

and facilitate the industries’ successful 

transition to the new quota system. In 

addition, to help mitigate against the 

negative impacts of this program, the 

Council has adopted an Adaptive 

Management Program where starting in 

year 3 of the program, 10 percent of 

non-whiting QS would be set aside 

every year to address community 

impacts and industry transition needs. 

After reviewing the initial effects of ITQ 

programs in other parts of the world, the 

council had placed a short term QS 

trading prohibition so that fishermen 

can learn from their experiences and not 

make premature sales of their QS. The 

Council is also envisioning future 

regulatory processes that would allow 

community fisheries associations to be 

established to help aid communities and 

fishermen. 

A summary of the proposed action is 

as follows. The proposed action is to 

replace the current, primary 

management tool used to control the 

West Coast groundfish trawl catch—a 

system of 2-month cumulative landing 

limits for most species and season 

closures for whiting—with a system 

requiring more individual 

accountability by the assignment of 

limited access privileges (LAPs). LAPs 

are a form of output control whereby an 

individual fisherman, community, or 

other entity is granted the privilege to 

catch a specified portion of the total 

allowable catch (TAC). The alternatives 

include (1) a catch-based IFQ system 

where all groundfish catch (landings 

plus bycatch) by LE trawl vessels would 

count against a vessel’s IFQ holdings, 

which could be applied to the whole 

groundfish trawl fishery or selected 

trawl sectors; and (2) a system of coops 

that would be applied to one or more of 

the fishery sectors that target Pacific 

whiting. The status quo alternative (no 

action) could also be considered for 

application to one or more trawl fishery 

sectors even if one or both action 

alternatives (IFQs or coops) are chosen 

for the other trawl sectors. 

The description of purpose and need 

in section 1.2 of the Amendment 20 

DEIS also outlines the objectives of the 

proposed action. The introductory 

paragraph in Chapter 1 and section 1.3 

of the DEIS, background to the purpose 

and need, provide information on the 

legal basis for the proposed action 

(proposed rule). The Council articulated 

the following goal for the trawl 

rationalization program: ‘‘Create and 

implement a capacity rationalization 

plan that increases net economic 

benefits, creates individual economic 

stability, provides for full utilization of 

the trawl sector allocation, considers 

environmental impacts, and achieves 

individual accountability of catch and 

bycatch.’’ The objectives supporting this 

goal are: Provide a mechanism for total 

catch accounting; provide for a viable, 

profitable, and efficient groundfish 

fishery; promote practices that reduce 

bycatch and discard mortality, and 

minimize ecological impacts; increase 

operational flexibility; minimize 

adverse effects from an IFQ program on 

fishing communities and other fisheries 

to the extent practical; promote 

measurable economic and employment 

benefits through the seafood catching, 

processing, distribution elements, and 

support sectors of the industry; provide 

quality product for the consumer; and 

increase safety in the fishery. 

As part of the proposed action, NMFS 

would be placing observers and/or 

cameras on board all catcher vessels in 

the shore-based sector (which combines 

the current shore-based whiting and 

non-whiting trawl sectors). Existing 

requirements for motherships, catcher 

vessels in the MS sector, and C/Ps 

would continue. Independently 

contracted processing plant monitors 

would track landings. Also, there would 

be new reporting requirements related 

to the tracking of QS and QP in the 

shore-based fishery. 

No Federal rules have been identified 

that duplicate, overlap, or conflict with 

the alternatives. Public comment is 

hereby solicited, identifying such rules. 

A copy of this analysis is available from 

NMFS (see ADDRESSES). 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval. Public 

reporting burden for the QS Initial 

Issuance/QS Permit Application is 

estimated to average 6 hours per 

response (180 responses). Public 

reporting burden for the MS Permit 

Application is estimated to average 1 

hour per response (6 responses). Public 

reporting burden for the MS/CV 

Endorsement Application is estimated 

to average 2 hours per response (30 

responses). Public reporting burden for 

the C/P Endorsement Application is 

estimated to average 30 minutes per 

response (10 responses). Public 

reporting burden for the Ownership 

Interest form is estimated to average 30 

minutes per response (216 responses). 

Public reporting burden for the Appeals 

is estimated to average 6 hours per 

response (100 responses). These 

estimates include the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection information. 

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 shall have 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 

on these or any other aspects of the 

collection of information to NMFS, 

Northwest Region, at the ADDRESSES

section above; e-mail to 

David_Rostker@omb.eop.gov; or fax to 

202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to 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. 

NMFS issued Biological Opinions 

under the Endangered Species Act 

(ESA) on August 10, 1990, November 

26, 1991, August 28, 1992, September 

27, 1993, May 14, 1996, and December 

15, 1999 pertaining to the effects of the 

Pacific Coast groundfish FMP fisheries 

on Chinook salmon (Puget Sound, 

Snake River spring/summer, Snake 

River fall, upper Columbia River spring, 

lower Columbia River, upper Willamette 

River, Sacramento River winter, Central 

Valley spring, California coastal), coho 

salmon (Central California coastal, 

southern Oregon/northern California 

coastal), chum salmon (Hood Canal 

summer, Columbia River), sockeye 

salmon (Snake River, Ozette Lake), and 

steelhead (upper, middle and lower 

Columbia River, Snake River Basin, 

upper Willamette River, central 

California coast, California Central 

Valley, south/central California, 

northern California, southern 

California). These biological opinions 

have concluded that implementation of 

the FMP for the Pacific Coast groundfish 

fishery was not expected to jeopardize 

the continued existence of any 

endangered or threatened species under 

the jurisdiction of NMFS, or result in 

the destruction or adverse modification 

of critical habitat. 

NMFS reinitiated a formal section 7 

consultation under the ESA in 2005 for 

both the Pacific whiting midwater trawl 

fishery and the groundfish bottom trawl 

fishery. The December 19, 1999, 


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Biological Opinion had defined an 

11,000 Chinook incidental take 

threshold for the Pacific whiting fishery. 

During the 2005 Pacific whiting season, 

the 11,000 fish Chinook incidental take 

threshold was exceeded, triggering 

reinitiation. Also in 2005, new data 

from the West Coast Groundfish 

Observer Program became available, 

allowing NMFS to complete an analysis 

of salmon take in the bottom trawl 

fishery. 

NMFS prepared a Supplemental 

Biological Opinion dated March 11, 

2006, which addressed salmon take in 

both the Pacific whiting midwater trawl 

and groundfish bottom trawl fisheries. 

In its 2006 Supplemental Biological 

Opinion, NMFS concluded that catch 

rates of salmon in the 2005 whiting 

fishery were consistent with 

expectations considered during prior 

consultations. Chinook bycatch has 

averaged about 7,300 fish over the last 

15 years and has only occasionally 

exceeded the reinitiation trigger of 

11,000 fish. 

Since 1999, annual Chinook bycatch 

has averaged about 8,450 fish. The 

Chinook ESUs most likely affected by 

the whiting fishery have generally 

improved in status since the 1999 

section 7 consultation. Although these 

species remain at risk, as indicated by 

their ESA listing, NMFS concluded that 

the higher observed bycatch in 2005 

does not require a reconsideration of its 

prior ‘‘no jeopardy’’ conclusion with 

respect to the fishery. For the 

groundfish bottom trawl fishery, NMFS 

concluded that incidental take in the 

groundfish fisheries is within the 

overall limits articulated in the 

Incidental Take Statement of the 1999 

Biological Opinion. The groundfish 

bottom trawl limit from that opinion 

was 9,000 fish annually. NMFS will 

continue to monitor and collect data to 

analyze take levels. NMFS also 

reaffirmed its prior determination that 

implementation of the Groundfish FMP 

is not likely to jeopardize the continued 

existence of any of the affected ESUs. 

Lower Columbia River coho (70 FR 

37160, June 28, 2005) were recently 

listed and Oregon Coastal coho (73 FR 

7816, February 11, 2008) were recently 

relisted as threatened under the ESA. 

The 1999 biological opinion concluded 

that the bycatch of salmonids in the 

Pacific whiting fishery were almost 

entirely Chinook salmon, with little or 

no bycatch of coho, chum, sockeye, and 

steelhead. The Southern Distinct 

Population Segment (DPS) of green 

sturgeon (71 FR 17757, April 7, 2006) 

were also recently listed as threatened 

under the ESA. As a consequence, 

NMFS has reinitiated its Section 7 

consultation on the PFMC’s Groundfish 

FMP. 

After reviewing the available 

information, NMFS concluded that, in 

keeping with Sections 7(a)(2) and 7(d) of 

the ESA, the proposed action would not 

result in any irreversible or irretrievable 

commitment of resources that would 

have the effect of foreclosing the 

formulation or implementation of any 

reasonable and prudent alternative 

measures. 

This proposed rule was developed 

after meaningful consultation and 

collaboration with the tribal 

representative on the Council who has 

agreed with the provisions that apply to 

tribal vessels. 

This action does not conflict with the 

provisions implemented to protect 

migratory birds. Vessels participating in 

the limited entry trawl fishery rarely 

interact with migratory birds or their 

habitat. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 660 

Fisheries, Fishing, and Indian 

Fisheries. 

Dated: May 27, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 15 CFR Chapter IX and 50 

CFR Chapter VI are proposed to be 

amended as follows: 

15 CFR CHAPTER IX 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

2. Amend the table in § 902.1(b) under 

50 CFR by: 

a. Removing the entries and 

corresponding OMB numbers for 

§§ 660.303, 660.305, 660.322, 660.323, 

660.333, and 660.337. 

b. Adding new entries and 

corresponding OMB numbers for 

§§ 660.20, 660.25, 660.55, 660.113, 

660.131, 660.213, 660.219, 660.313, 

660.319, and 660.353. 

The additions read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) Display. 

CFR part or section 

where the information 

collection requirement 

is located 

Current OMB 

control number 

(all numbers begin 

with 0648–) 

*****

50 CFR 

*****

660.20 .......................... –0355 

660.25 .......................... –0203 

660.55 .......................... –0243 and –0352 

660.113 ........................ –0271 

660.131 ........................ –0243 

660.213 ........................ –0271 

660.219 ........................ –0355 

660.313 ........................ –0271 

660.319 ........................ –0355 

660.353 ........................ –0271 

*****

50 CFR CHAPTER VI 

PART 660—FISHERIES OFF WEST 

COAST STATES 

3. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. and 16 

U.S.C. 773 et seq. 

4. Add subparts C through F to read 

as follows: 

Subpart C—West Coast Groundfish 

Fisheries 

Sec. 

660.10 Purpose and scope. 

660.11 General definitions. 

660.12 General groundfish prohibitions. 

660.13 Recordkeeping and reporting. 

660.14 Vessel Monitoring System (VMS) 

requirements. 

660.15 Equipment requirements. 

660.16 Groundfish observer program. 

660.17 Catch monitors and catch monitor 

service providers [Reserved]. 

660.18 Certification and decertification 

procedures for observers, catch monitors, 

catch monitor providers and observer 

providers. 

660.20 Vessel and gear identification. 

660.24 Limited entry and open access 

fisheries 

660.25 Permits. 

660.26 Pacific whiting vessel licenses. 

660.30 Compensation with fish for 

collecting resource information—EFPs. 

660.40 Overfished species rebuilding 

plans. 

660.50 Pacific coast treaty Indian fisheries. 

660.55 Allocations. 

660.60 Specifications and management 

measures. 

660.65 Groundfish harvest specifications. 

Table 1d to Part 660, Subpart C—2011 At-sea 

whiting fishery set-asides. 

Table 2d to Part 660, Subpart C—2012 At-sea 

whiting fishery set-asides. 


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Subpart D—West Coast Groundfish— 

Limited Entry Trawl Fisheries 

660.100 Purpose and scope. 

660.111 Trawl fishery—definitions. 

660.112 Trawl fishery—prohibitions. 

660.113 Trawl fishery—recordkeeping and 

reporting 

660.116 Trawl fishery—observer 

requirements. 

660.120 Trawl fishery—crossover 

provisions. 

660.130 Trawl fishery—management 

measures. 

660.131 Pacific whiting fishery 

management measures. 

660.140 Shorebased IFQ program. 

660.150 Mothership (MS) coop program. 

660.160 Catcher/processor (C/P) coop 

program. 

Subpart E—West Coast Groundfish— 

Limited Entry Fixed Gear Fisheries 

660.210 Purpose and scope. 

660.211 Fixed gear fishery—definitions. 

660.212 Fixed gear fishery—prohibitions. 

660.213 Fixed gear fishery—recordkeeping 

and reporting. 

660.216 Fixed gear fishery—observer 

requirements. 

660.219 Fixed gear identification and 

marking. 

660.220 Fixed gear fishery—crossover 

provisions. 

660.230 Fixed gear fishery—management 

measures. 

660.231 Limited entry fixed gear primary 

fishery for sablefish. 

660.232 Limited entry daily trip limit 

(DTL) fishery for sablefish 

Subpart F—West Coast Groundfish—Open 

Access Fisheries 

660.310 Purpose and scope. 

660.311 Open access fishery—definitions. 

660.312 Open access fishery—prohibitions. 

660.313 Open access fishery— 

recordkeeping and reporting. 

660.316 Open access fishery—observer 

requirements. 

660.319 Open access fishery gear 

identification and marking. 

660.320 Open access fishery—crossover 

provisions. 

660.330 Open access fishery—management 

measures. 

660.332 Open access daily trip limit (DTL) 

fishery for sablefish. 

660.333 Open access non-groundfish trawl 

fishery—management measures. 

Subpart C—West Coast Groundfish 

Fisheries 

§ 660.10 Purpose and scope. 

(a) Subparts C through G of this part 

implement the Pacific Coast Groundfish 

Fishery Management Plan (PCGFMP) 

developed by the Pacific Fishery 

Management Council. Subparts C 

through G govern fishing vessels of the 

U.S. in the EEZ off the coasts of 

Washington, Oregon, and California. All 

weights are in round weight or roundweight equivalents, unless specified 

otherwise. 

(b) Any person fishing subject to 

subparts C through G of this part is 

bound by the international boundaries 

described in this section, 

notwithstanding any dispute or 

negotiation between the U.S. and any 

neighboring country regarding their 

respective jurisdictions, until such time 

as new boundaries are established or 

recognized by the U.S. 

§ 660.11 General definitions. 

These definitions are specific to the 

fisheries covered in subparts C through 

G of this part. 

Active sampling unit means the 

portion of the groundfish fleet in which 

an observer coverage plan is being 

applied. 

Address of Record means the business 

address a person has provided to NMFS 

for NMFS use in providing notice of 

agency actions and other business with 

that person. 

Allocation. (See § 600.10 of this 

chapter) 

Base permit, with respect to a limited 

entry permit stacking program, means a 

limited entry permit described at 

§ 660.25(b)(3)(i), subpart C registered for 

use with a vessel that meets the permit 

length endorsement requirements 

appropriate to that vessel, as described 

at § 660.25(b)(3)(iii), subpart C. 

Biennial fishing period means a 24– 

month period beginning at 0001 local 

time on January 1 and ending at 2400 

local time on December 31 of the 

subsequent year. 

BMSY means the biomass level that 

produces maximum sustainable yield 

(MSY), as stated in the PCGFMP at 

Section 4.2. 

Calendar day means the day 

beginning at 0001 hours local time and 

continuing for 24 consecutive hours. 

Calendar year. (see ‘‘fishing year’’) 

Catch, take, harvest. (See § 600.10 of 

this chapter) 

Catch monitor means an individual 

that is certified by NMFS, is deployed 

to a first receiver, and whose primary 

duties include: Monitoring and 

verification of the sorting of fish relative 

to federal requirements defined in 

§ 660.60, subpart C; documentation of 

the weighing of fish relative to the 

requirements of § 660.13, subpart C; and 

verification of first receivers reporting 

relative to the requirements defined in 

§ 660.113, subpart D. 

Change in partnership or corporation 

means the addition of a new 

shareholder or partner to the corporate 

or partnership membership. This 

definition of a ‘‘change’’ will apply to 

any person added to the corporate or 

partnership membership since 

November 1, 2000, including any family 

member of an existing shareholder or 

partner. A change in membership is not 

considered to have occurred if a 

member dies or becomes legally 

incapacitated and a trustee is appointed 

to act on his behalf, nor if the ownership 

of shares among existing members 

changes, nor if a member leaves the 

corporation or partnership and is not 

replaced. Changes in the ownership of 

publicly held stock will not be deemed 

changes in ownership of the 

corporation. 

Closure or closed means, when 

referring to closure of a fishery or a 

closed fishery, that taking and retaining, 

possessing, or landing the particular 

species or species group covered by the 

fishing closure is prohibited. Unless 

otherwise announced in the Federal 

Register or authorized in this subpart, 

offloading must begin before the closure 

time. 

Commercial fishing means: 

(1) Fishing by a person who possesses 

a commercial fishing license or is 

required by law to possess such license 

issued by one of the states or the Federal 

Government as a prerequisite to taking, 

landing and/or sale of fish; or 

(2) Fishing that results in or can be 

reasonably expected to result in sale, 

barter, trade or other disposition of fish 

for other than personal consumption. 

Commercial harvest guideline or 

commercial quota means the fishery 

harvest guideline minus the estimated 

recreational catch. Limited entry and 

open access allocations are derived from 

the commercial harvest guideline or 

quota. 

Conservation area(s) means either a 

Groundfish Conservation Area (GCA), 

an Essential Fish Habitat Conservation 

Area (EFHCA), or both. 

(1) Groundfish Conservation Area or 

GCA means a geographic area defined 

by coordinates expressed in degrees 

latitude and longitude, wherein fishing 

by a particular gear type or types may 

be prohibited. GCAs are created and 

enforced for the purpose of contributing 

to the rebuilding of overfished West 

Coast groundfish species. Regulations at 

§ 660.70, Subpart C define coordinates 

for these polygonal GCAs: Yelloweye 

Rockfish Conservation Areas, Cowcod 

Conservation Areas, waters encircling 

the Farallon Islands, and waters 

encircling the Cordell Banks. GCAs also 

include Rockfish Conservation Areas or 

RCAs, which are areas closed to fishing 

by particular gear types, bounded by 

lines approximating particular depth 

contours. RCA boundaries may and do 

change seasonally according to the 

conservation needs of the different 

overfished species. Regulations at 

§§ 660.70 through 660.74, subpart C 


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define RCA boundary lines with 

latitude/longitude coordinates; 

regulations at Tables 1 (North) and 1 

(South) of subpart D, Tables 2 (North) 

and 2 (South) of subpart E, and Tables 

3 (North) and 3 (South) of subpart F set 

RCA seasonal boundaries. Fishing 

prohibitions associated with GCAs are 

in addition to those associated with EFH 

Conservation Areas. 

(2) Essential Fish Habitat 

Conservation Area or EFHCA means a 

geographic area defined by coordinates 

expressed in degrees latitude and 

longitude, wherein fishing by a 

particular gear type or types may be 

prohibited. EFHCAs are created and 

enforced for the purpose of contributing 

to the protection of West Coast 

groundfish essential fish habitat. 

Regulations at §§ 660.75, through 

660.79, Subpart C define EFHCA 

boundary lines with latitude/longitude 

coordinates. Fishing prohibitions 

associated with EFHCAs, which are 

found at § 660.12, subpart C, are in 

addition to those associated with GCAs. 

Continuous transiting or transit 

through means that a fishing vessel 

crosses a groundfish conservation area 

or EFH conservation area on a constant 

heading, along a continuous straight 

line course, while making way by means 

of a source of power at all times, other 

than drifting by means of the prevailing 

water current or weather conditions. 

Corporation means a legal, business 

entity, including incorporated (INC) and 

limited liability corporations (LLC). 

Council means the Pacific Fishery 

Management Council, including its 

Groundfish Management Team (GMT), 

Scientific and Statistical Committee 

(SSC), Groundfish Advisory Subpanel 

(GAP), and any other advisory body 

established by the Council. 

Date of landing means the date on 

which the transfer of fish or offloading 

of fish from any vessel to a processor or 

other first receiver begins. 

Direct financial interest means any 

source of income to or capital 

investment or other interest held by an 

individual, partnership, or corporation 

or an individual’s spouse, immediate 

family member or parent that could be 

influenced by performance or nonperformance of observer or catch 

monitor duties. 

Electronic fish ticket means a software 

program or data files meeting data 

export specifications approved by 

NMFS that is used to send landing data 

to the Pacific States Marine Fisheries 

Commission. Electronic fish tickets are 

used to collect information similar to 

the information required in state fish 

receiving tickets or landing receipts, but 

do not replace or change any state 

requirements. 

Electronic Monitoring System or EMS 

means a data collection tool that uses a 

software operating system connected to 

an assortment of electronic components, 

including video recorders, to create a 

collection of data on vessel activities. 

Endorsement means an additional 

specification affixed to the limited entry 

permit that further restricts fishery 

participation or further specifies a 

harvest privilege, and is non-severable 

from a limited entry permit. 

Entity. (See ‘‘Person’’) 

Essential Fish Habitat or EFH. (See 

§ 600.10 of this chapter) 

First Receiver means a person who 

receives, purchases, or takes custody, 

control, or possession of catch onshore 

directly from a vessel. 

Fish. (See § 600.10 of this chapter) 

Fishery. (See § 600.10 of this chapter) 

Fishery harvest guideline means the 

harvest guideline or quota after 

subtracting from the OY any allocation 

for the Pacific Coast treaty Indian tribes, 

projected research catch, deductions for 

fishing mortality in non-groundfish 

fisheries, as necessary, and set-asides for 

EFPs. 

Fishery management area means the 

EEZ off the coasts of Washington, 

Oregon, and California between 3 and 

200 nm offshore, and bounded on the 

north by the Provisional International 

Boundary between the U.S. and Canada, 

and bounded on the south by the 

International Boundary between the 

U.S. and Mexico. The inner boundary of 

the fishery management area is a line 

coterminous with the seaward 

boundaries of the States of Washington, 

Oregon, and California (the ‘‘3-mile 

limit’’). The outer boundary of the 

fishery management area is a line drawn 

in such a manner that each point on it 

is 200 nm from the baseline from which 

the territorial sea is measured, or is a 

provisional or permanent international 

boundary between the U.S. and Canada 

or Mexico. All groundfish possessed 

between 0–200 nm offshore or landed in 

Washington, Oregon, or California are 

presumed to have been taken and 

retained from the EEZ, unless otherwise 

demonstrated by the person in 

possession of those fish. 

Fishing. (See § 600.10 of this chapter) 

Fishing gear includes the following 

types of gear and equipment: 

(1) Bottom contact gear means fishing 

gear designed or modified to make 

contact with the bottom. This includes, 

but is not limited to, beam trawl, bottom 

trawl, dredge, fixed gear, set net, 

demersal seine, dinglebar gear, and 

other gear (including experimental gear) 

designed or modified to make contact 

with the bottom. Gear used to harvest 

bottom dwelling organisms (e.g. by 

hand, rakes, and knives) are also 

considered bottom contact gear for 

purposes of this subpart. 

(2) Demersal seine means a net 

designed to encircle fish on the seabed. 

The demersal seine is characterized by 

having its net bounded by leadweighted ropes that are not encircled 

with bobbins or rollers. Demersal seine 

gear is fished without the use of steel 

cables or otter boards (trawl doors). 

Scottish and Danish Seines are demersal 

seines. Purse seines, as defined at 

§ 600.10 of this chapter, are not 

demersal seines. Demersal seine gear is 

included in the definition of bottom 

trawl gear in paragraph (11)(i) of this 

definition. 

(3) Dredge gear means a gear 

consisting of a metal frame attached to 

a holding bag constructed of metal rings 

or mesh. As the metal frame is dragged 

upon or above the seabed, fish are 

pushed up and over the frame, then into 

the mouth of the holding bag. 

(4) Entangling nets include the 

following types of net gear: 

(i) Gillnet. (See § 600.10 of this 

chapter) 

(ii) Set net means a stationary, 

buoyed, and anchored gillnet or 

trammel net. 

(iii) Trammel net means a gillnet 

made with two or more walls joined to 

a common float line. 

(5) Fixed gear (anchored nontrawl 

gear) means the following gear types: 

Longline, trap or pot, set net, and 

stationary hook-and-line (including 

commercial vertical hook-and-line) 

gears. 

(6) Hook-and-line means one or more 

hooks attached to one or more lines. It 

may be stationary (commercial vertical 

hook-and-line) or mobile (troll). 

(i) Bottom longline means a 

stationary, buoyed, and anchored 

groundline with hooks attached, so as to 

fish along the seabed. It does not 

include pelagic hook-and-line or troll 

gear. 

(ii) Commercial vertical hook-and-line 

means commercial fishing with hookand-line gear that involves a single line 

anchored at the bottom and buoyed at 

the surface so as to fish vertically. 

(iii) Dinglebar gear means one or more 

lines retrieved and set with a troll gurdy 

or hand troll gurdy, with a terminally 

attached weight from which one or more 

leaders with one or more lures or baited 

hooks are pulled through the water 

while a vessel is making way. 

(iv) Troll gear means a lure or jig 

towed behind a vessel via a fishing line. 

Troll gear is used in commercial and 

recreational fisheries. 


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(7) Mesh size means the opening 

between opposing knots. Minimum 

mesh size means the smallest distance 

allowed between the inside of one knot 

to the inside of the opposing knot, 

regardless of twine size. 

(8) Nontrawl gear means all legal 

commercial groundfish gear other than 

trawl gear. 

(9) Spear means a sharp, pointed, or 

barbed instrument on a shaft. 

(10) Trap or pot See § 600.10 of this 

chapter, definition of ‘‘trap’’. These 

terms are used as interchangeable 

synonyms. 

(11) Trawl gear means a cone or 

funnel-shaped net that is towed through 

the water, and can include a pair trawl 

that towed simultaneously by two boats. 

For the purpose of this definition, trawl 

gear includes groundfish and nongroundfish trawl. See definitions for 

groundfish trawl and non-groundfish 

trawls (previously called ‘‘exempted 

trawl’’). 

(i) Bottom trawl means a trawl in 

which the otter boards or the footrope 

of the net are in contact with the seabed. 

It includes demersal seine gear, and pair 

trawls fished on the bottom. Any trawl 

not meeting the requirements for a 

midwater trawl in § 660.130(b), subpart 

D is a bottom trawl. 

(A) Beam trawl gear means a type of 

trawl gear in which a beam is used to 

hold the trawl open during fishing. 

Otter boards or doors are not used. 

(B) Large footrope trawl gear means a 

bottom trawl gear with a footrope 

diameter larger than 8 inches (20 cm,) 

and no larger than 19 inches (48 cm) 

including any rollers, bobbins, or other 

material encircling or tied along the 

length of the footrope. 

(C) Small footrope trawl gear means a 

bottom trawl gear with a footrope 

diameter of 8 inches (20 cm) or smaller, 

including any rollers, bobbins, or other 

material encircling or tied along the 

length of the footrope. Selective flatfish 

trawl gear that meets the gear 

component requirements in 

§ 660.130(b), subpart D is a type of small 

footrope trawl gear. 

(ii) Midwater (pelagic or off-bottom) 

trawl means a trawl in which the otter 

boards and footrope of the net remain 

above the seabed. It includes pair trawls 

if fished in midwater. A midwater trawl 

has no rollers or bobbins on any part of 

the net or its component wires, ropes, 

and chains. For additional midwater 

trawl gear requirements and restrictions, 

see § 660.130(b), subpart D. 

(iii) Trawl gear components include: 

(A) Breastline means a rope or cable 

that connects the end of the headrope 

and the end of the trawl fishing line 

along the edge of the trawl web closest 

to the towing point. 

(B) Chafing gear means webbing or 

other material attached to the codend of 

a trawl net to protect the codend from 

wear. 

(C) Codend. (See § 600.10 of this 

chapter) 

(D) Double-bar mesh means webbing 

comprised of two lengths of twine tied 

into a single knot. 

(E) Double-walled codend means a 

codend constructed of two walls (layers) 

of webbing. 

(F) Footrope means a chain, rope, or 

wire attached to the bottom front end of 

the trawl webbing forming the leading 

edge of the bottom panel of the trawl 

net, and attached to the fishing line. 

(G) Headrope means a chain, rope, or 

wire attached to the trawl webbing 

forming the leading edge of the top 

panel of the trawl net. 

(H) Rollers or bobbins means devices 

made of wood, steel, rubber, plastic, or 

other hard material that encircle the 

trawl footrope. These devices are 

commonly used to either bounce or 

pivot over seabed obstructions, in order 

to prevent the trawl footrope and net 

from snagging on the seabed. 

(I) Single-walled codend means a 

codend constructed of a single wall of 

webbing knitted with single or doublebar mesh. 

(J) Trawl fishing line means a length 

of chain, rope, or wire rope in the 

bottom front end of a trawl net to which 

the webbing or lead ropes are attached. 

(K) Trawl riblines means a heavy rope 

or line that runs down the sides, top, or 

underside of a trawl net from the mouth 

of the net to the terminal end of the 

codend to strengthen the net during 

fishing. 

Fishing or Calendar year means the 

year beginning at 0001 local time on 

January 1 and ending at 2400 local time 

on December 31 of the same year. There 

are two fishing years in each biennial 

fishing period. 

Fishing trip means a period of time 

between landings when fishing is 

conducted. 

Fishing vessel. (See § 600.10 of this 

chapter) 

Grandfathered or first generation, 

when referring to a limited entry 

sablefish-endorsed permit owner, means 

those permit owners who owned a 

sablefish-endorsed limited entry permit 

prior to November 1, 2000, and are, 

therefore, exempt from certain 

requirements of the sablefish permit 

stacking program within the parameters 

of the regulations at § 660.25(b), subpart 

C and § 660.231, subpart E. 

Groundfish means species managed 

by the PCGFMP, specifically: 

(1) Sharks: leopard shark, Triakis 

semifasciata; soupfin shark, 

Galeorhinus zyopterus; spiny dogfish, 

Squalus acanthias. 

(2) Skates: big skate, Raja binoculata; 

California skate, R. inornata; longnose 

skate, R. rhina. 

(3) Ratfish: ratfish, Hydrolagus colliei. 

(4) Morids: finescale codling, 

Antimora microlepis. 

(5) Grenadiers: Pacific rattail, 

Coryphaenoides acrolepis. 

(6) Roundfish: cabezon, 

Scorpaenichthys marmoratus; kelp 

greenling, Hexagrammos decagrammus; 

lingcod, Ophiodon elongatus; Pacific 

cod, Gadus macrocephalus; Pacific 

whiting, Merluccius productus; 

sablefish, Anoplopoma fimbria. 

(7) Rockfish: In addition to the species 

below, longspine thornyhead, S. 

altivelis, and shortspine thornyhead, S. 

alascanus, ‘‘rockfish’’ managed under 

the PCGFMP include all genera and 

species of the family Scorpaenidae that 

occur off Washington, Oregon, and 

California, even if not listed below. The 

Scorpaenidae genera are Sebastes, 

Scorpaena, Scorpaenodes, and 

Sebastolobus. Where species below are 

listed both in a major category 

(nearshore, shelf, slope) and as an areaspecific listing (north or south of 40°10′ 

N. lat.) those species are considered 

‘‘minor’’ in the geographic area listed. 

(i) Nearshore rockfish includes black 

rockfish, Sebastes melanops and the 

following minor nearshore rockfish 

species: 

(A) North of 40°10′ N. lat.: black and 

yellow rockfish, S. chrysomelas; blue 

rockfish, S. mystinus; brown rockfish, S. 

auriculatus; calico rockfish, S. dalli; 

China rockfish, S. nebulosus; copper 

rockfish, S. caurinus; gopher rockfish, S. 

carnatus; grass rockfish, S. rastrelliger; 

kelp rockfish, S. atrovirens; olive 

rockfish, S. serranoides; quillback 

rockfish, S. maliger; treefish,. S. 

serriceps 

(B) South of 40°10′ N. lat., nearshore 

rockfish are divided into three 

management categories: 

(1) Shallow nearshore rockfish 

consists of black and yellow rockfish, S. 

chrysomelas; China rockfish, S. 

nebulosus; gopher rockfish, S. carnatus; 

grass rockfish, S. rastrelliger; kelp 

rockfish, S. atrovirens. 

(2) Deeper nearshore rockfish consists 

of black rockfish, S. melanops; blue 

rockfish, S. mystinus; brown rockfish, S. 

auriculatus; calico rockfish, S. dalli; 

copper rockfish, S. caurinus; olive 

rockfish, S. serranoides; quillback 

rockfish, S. maliger; treefish, S. 

serriceps. 

(3) California scorpionfish, Scorpaena 

guttata. 


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(ii) Shelf rockfish includes bocaccio, 

Sebastes paucispinis; canary rockfish, S. 

pinniger; chilipepper, S. goodei; 

cowcod, S. levis; shortbelly rockfish, S. 

jordani; widow rockfish, S. entomelas; 

yelloweye rockfish, S. ruberrimus; 

yellowtail rockfish, S. flavidus and the 

following minor shelf rockfish species: 

(A) North of 40°10′ N. lat.: 

Bronzespotted rockfish, S. gilli; 

bocaccio, S. paucispinis; chameleon 

rockfish, S. phillipsi; chilipepper, S. 

goodei; cowcod, S. levis; dusky rockfish, 

S. ciliatus; dwarf-red, S. rufianus; flag 

rockfish, S. rubrivinctus; freckled, S. 

lentiginosus; greenblotched rockfish, S. 

rosenblatti; greenspotted rockfish, S. 

chlorostictus; greenstriped rockfish, S. 

elongatus; halfbanded rockfish, S. 

semicinctus; harlequin rockfish, S. 

variegatus; honeycomb rockfish, S. 

umbrosus; Mexican rockfish, S. 

macdonaldi; pink rockfish, S. eos; 

pinkrose rockfish, S. simulator; pygmy 

rockfish, S. wilsoni; redstripe rockfish, 

S. proriger; rosethorn rockfish, S. 

helvomaculatus; rosy rockfish, S. 

rosaceus; silvergray rockfish, S. 

brevispinis; speckled rockfish, S. ovalis; 

squarespot rockfish, S. hopkinsi; starry 

rockfish, S. constellatus; stripetail 

rockfish, S. saxicola; swordspine 

rockfish, S. ensifer; tiger rockfish, S. 

nigrocinctus; vermilion rockfish, S. 

miniatus. 

(B) South of 40°10′ N. lat.: 

Bronzespotted rockfish, S. gilli; 

chameleon rockfish, S. phillipsi; dusky 

rockfish, S. ciliatus; dwarf-red rockfish, 

S. rufianus; flag rockfish, S. 

rubrivinctus; freckled, S. lentiginosus; 

greenblotched rockfish, S. rosenblatti; 

greenspotted rockfish, S. chlorostictus; 

greenstriped rockfish, S. elongatus; 

halfbanded rockfish, S. semicinctus; 

harlequin rockfish, S. variegatus; 

honeycomb rockfish, S. umbrosus; 

Mexican rockfish, S. macdonaldi; pink 

rockfish, S. eos; pinkrose rockfish, S. 

simulator; pygmy rockfish, S. wilsoni; 

redstripe rockfish, S. proriger; rosethorn 

rockfish, S. helvomaculatus; rosy 

rockfish, S. rosaceus; silvergray 

rockfish, S. brevispinis; speckled 

rockfish, S. ovalis; squarespot rockfish, 

S. hopkinsi; starry rockfish, S. 

constellatus; stripetail rockfish, S. 

saxicola; swordspine rockfish, S. 

ensifer; tiger rockfish, S. nigrocinctus; 

vermilion rockfish, S. miniatus; 

yellowtail rockfish, S. flavidus. 

(iii) Slope rockfish includes 

darkblotched rockfish, S. crameri; 

Pacific ocean perch, S. alutus; splitnose 

rockfish, S. diploproa; and the following 

minor slope rockfish species: 

(A) North of 40°10′ N. lat.: Aurora 

rockfish, Sebastes aurora; bank rockfish, 

S. rufus; blackgill rockfish, S. 

melanostomus; redbanded rockfish, S. 

babcocki; rougheye rockfish, S. 

aleutianus; sharpchin rockfish, S. 

zacentrus; shortraker rockfish, S. 

borealis; splitnose rockfish, S. 

diploproa; yellowmouth rockfish, S. 

reedi. 

(B) South of 40°10′ N. lat.: Aurora 

rockfish, Sebastes aurora; bank rockfish, 

S. rufus; blackgill rockfish, S. 

melanostomus; Pacific ocean perch, S. 

alutus; redbanded rockfish, S. babcocki; 

rougheye rockfish, S. aleutianus; 

sharpchin rockfish, S. zacentrus; 

shortraker rockfish, S. borealis; 

yellowmouth rockfish, S. reedi. 

(8) Flatfish: Arrowtooth flounder 

(arrowtooth turbot), Atheresthes 

stomias; butter sole, Isopsetta isolepis; 

curlfin sole, Pleuronichthys decurrens; 

Dover sole, Microstomus pacificus; 

English sole, Parophrys vetulus; flathead 

sole, Hippoglossoides elassodon; Pacific 

sanddab, Citharichthys sordidus; petrale 

sole, Eopsetta jordani; rex sole, 

Glyptocephalus zachirus; rock sole, 

Lepidopsetta bilineata; sand sole, 

Psettichthys melanostictus; starry 

flounder, Platichthys stellatus. Where 

regulations of subparts C through G of 

this part refer to landings limits for 

‘‘other flatfish,’’ those limits apply to all 

flatfish cumulatively taken except for 

those flatfish species specifically listed 

in Tables 1a and 2a of this subpart. (i.e., 

‘‘other flatfish’’ includes butter sole, 

curlfin sole, flathead sole, Pacific 

sanddab, rex sole, rock sole, and sand 

sole.) 

(9) ‘‘Other fish’’: Where regulations of 

subparts C through G of this part refer 

to landings limits for ‘‘other fish,’’ those 

limits apply to all groundfish listed here 

in paragraphs (1) through (8) of this 

definition except for the following: 

Those groundfish species specifically 

listed in Tables 1a and 2a of this subpart 

with an ABC for that area (generally 

north and/or south of 40°10′ N. lat.); and 

Pacific cod and spiny dogfish 

coastwide. (i.e., ‘‘other fish’’ may include 

all sharks (except spiny dogfish), skates, 

ratfish, morids, grenadiers, and kelp 

greenling listed in this section, as well 

as cabezon in the north.) 

(10) ‘‘DTS complex’’: Where 

regulations of subparts C through G of 

this part refer to ‘‘DTS complex’’ species, 

that group of species includes Dover 

sole, shortspine thornyhead, longspine 

thornyhead, and sablefish. 

Groundfish trawl means trawl gear 

that is used under the authority of a 

valid limited entry permit issued under 

subparts C and D of this part endorsed 

for trawl gear and which meets the gear 

requirements specified in subpart D of 

this part. It does not include any type 

of trawl gear listed as non-groundfish 

trawl gear (previously called ‘‘exempted 

gear’’). 

Harvest guideline means a specified 

numerical harvest objective that is not a 

quota. Attainment of a harvest guideline 

does not require closure of a fishery. 

Incidental catch or incidental species 

means groundfish species caught while 

fishing for the primary purpose of 

catching a different species. 

Initial Administrative Determination 

(IAD) means a formal, written 

determination made by NMFS on an 

application or permit request, that is 

subject to an appeal within NMFS. 

Land or landing means to begin 

transfer of fish, offloading fish, or to 

offload fish from any vessel. Once 

transfer of fish begins, all fish aboard 

the vessel are counted as part of the 

landing. 

Legal fish means fish legally taken 

and retained, possessed, or landed in 

accordance with the provisions of 50 

CFR part 660, subparts C through G, the 

Magnuson-Stevens Act, any document 

issued under part 660, and any other 

regulation promulgated or permit issued 

under the Magnuson-Stevens Act. 

Length overall or LOA (with respect to 

a vessel) means the length overall set 

forth in the Certificate of Documentation 

(CG–1270) issued by the USCG for a 

documented vessel, or in a registration 

certificate issued by a state or the USCG 

for an undocumented vessel; for vessels 

that do not have the LOA stated in an 

official document, the LOA is the LOA 

as determined by the USCG or by a 

marine surveyor in accordance with the 

USCG method for measuring LOA. 

License owner means a person who is 

the owner of record with NMFS, SFD, 

Permits Office of a License issued under 

§ 660.140, subpart D. 

Limited entry fishery means the 

fishery composed of vessels registered 

for use with limited entry permits. 

Limited entry gear means longline, 

trap (or pot), or groundfish trawl gear 

used under the authority of a valid 

limited entry permit affixed with an 

endorsement for that gear. 

Limited entry permit means: 

(1) The Federal permit required to fish 

in the limited entry ‘‘A’’ endorsed 

fishery, and includes any gear, size, or 

species endorsements affixed to the 

permit, or 

(2) The Federal permit required to 

receive and process fish as a mothership 

processor. 

Maximum Sustainable Yield or MSY. 

(See § 600.310 of this chapter.) 

Mobile transceiver unit means a vessel 

monitoring system or VMS device, as set 

forth at § 660.14, subpart C installed on 

board a vessel that is used for vessel 


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monitoring and transmitting the vessel’s 

position as required by subpart C. 

Non-groundfish fishery means any 

fishing using non-groundfish trawl gear 

or nontrawl gear when targeting salmon, 

HMS, CPS, crab, prawn, or any other 

species not managed under the 

PCGFMP. Non-groundfish fishery is 

sometimes referred to as the incidental 

open access fishery in which groundfish 

could be encountered with the gear 

used, regardless of whether groundfish 

is retained. 

Non-groundfish trawl (previously 

‘‘exempted’’ trawl) means any trawl gear 

other than the Pacific Coast groundfish 

trawl gear that is authorized for use with 

a valid groundfish limited entry permit 

endorsed for trawl gear. Non-groundfish 

trawl gear includes trawl gear used to 

fish for pink shrimp, ridgeback prawn, 

California halibut south of Pt. Arena, 

and sea cucumbers south of Pt. Arena. 

Nontrawl fishery means 

(1) For the purpose of allocations at 

§ 660.55, subpart C, nontrawl fishery 

means the limited entry fixed gear 

fishery, the open access fishery, and the 

recreational fishery. 

(2) For the purposes of all other 

management measures in subparts C 

through G of this part, nontrawl fishery 

means fishing with any legal limited 

entry fixed gear or open access nontrawl groundfish gear other than trawl 

gear (groundfish trawl gear and nongroundfish trawl gear), but does not 

include the recreational fishery. 

North-South management area means 

the management areas defined in 

paragraph (1) of this definition, or 

defined and bounded by one or more or 

the commonly used geographic 

coordinates set out in paragraph (2) of 

this definition for the purposes of 

implementing different management 

measures in separate geographic areas of 

the U.S. West Coast. 

(1) Management areas. 

(i) Vancouver. 

(A) The northeastern boundary is that 

part of a line connecting the light on 

Tatoosh Island, WA, with the light on 

Bonilla Point on Vancouver Island, 

British Columbia (at 48°35.73′ N. lat., 

124°43.00′ W. long.) south of the 

International Boundary between the 

U.S. and Canada (at 48°29.62′ N. lat., 

124°43.55′ W. long.), and north of the 

point where that line intersects with the 

boundary of the U.S. territorial sea. 

(B) The northern and northwestern 

boundary is a line connecting the 

following coordinates in the order 

listed, which is the provisional 

international boundary of the EEZ as 

shown on NOAA/NOS Charts 18480 

and 18007: 

Point N. lat. W. long. 

1 ................... 48°29.62′ 124°43.55′ 

2 ................... 48°30.18′ 124°47.22′ 

3 ................... 48°30.37′ 124°50.35′ 

4 ................... 48°30.23′ 124°54.87′ 

5 ................... 48°29.95′ 124°59.23′ 

6 ................... 48°29.73′ 125°00.10′ 

7 ................... 48°28.15′ 125°05.78′ 

8 ................... 48°27.17′ 125°08.42′ 

9 ................... 48°26.78′ 125°09.20′ 

10 ................. 48°20.27′ 125°22.80′ 

11 ................. 48°18.37′ 125°29.97′ 

12 ................. 48°11.08′ 125°53.80′ 

13 ................. 47°49.25′ 126°40.95′ 

14 ................. 47°36.78′ 127°11.97′ 

15 ................. 47°22.00′ 127°41.38′ 

16 ................. 46°42.08′ 128°51.93′ 

17 ................. 46°31.78′ 129°07.65′ 

(C) The southern limit is 47°30′ N. lat. 

(ii) Columbia. 

(A) The northern limit is 47°30′ N. lat. 

(B) The southern limit is 43°00′ N. lat. 

(iii) Eureka. 

(A) The northern limit is 43°00′ N. lat. 

(B) The southern limit is 40°30′ N. lat. 

(iv) Monterey. 

(A) The northern limit is 40°30′ N. lat. 

(B) The southern limit is 36°00′ N. lat. 

(v) Conception. 

(A) The northern limit is 36°00′ N. lat. 

(B) The southern limit is the U.S.- 

Mexico International Boundary, which 

is a line connecting the following 

coordinates in the order listed: 

Point N. lat. W. long. 

1 ................... 32°35.37′ 117°27.82′ 

2 ................... 32°37.62′ 117°49.52′ 

3 ................... 31°07.97′ 118°36.30′ 

4 ................... 30°32.52′ 121°51.97′ 

(2) Commonly used geographic 

coordinates. 

(i) Cape Alava, WA—48°10.00′ N. lat. 

(ii) Queets River, WA—47°31.70′ N. 

lat. 

(iii) Pt. Chehalis, WA—46°53.30′ N. 

lat. 

(iv) Leadbetter Point, WA—46°38.17′ 

N. lat. 

(v) Washington/Oregon border— 

46°16.00′ N. lat. 

(vi) Cape Falcon, OR—45°46.00′ N. 

lat. 

(vii) Cape Lookout, OR—45°20.25′ N. 

lat. 

(viii) Cascade Head, OR—45°03.83′ N. 

lat. 

(ix) Heceta Head, OR—44°08.30′ N. 

lat. 

(x) Cape Arago, OR—43°20.83′ N. lat. 

(xi) Cape Blanco, OR—42°50.00′ N. 

lat. 

(xii) Humbug Mountain—42°40.50′ N. 

lat. 

(xiii) Marck Arch, OR—42°13.67′ N. 

lat. 

(xiv) Oregon/California border— 

42°00.00′ N. lat. 

(xv) Cape Mendocino, CA—40°30.00′ 

N. lat. 

(xvi) North/South management line— 

40°10.00′ N. lat. 

(xvii) Point Arena, CA—38°57.50′ N. 

lat. 

(xviii) Point San Pedro, CA— 

37°35.67′ N. lat. 

(xix) Pigeon Point, CA—37°11.00′ N. 

lat. 

(xx) Ano Nuevo, CA—37°07.00′ N. lat. 

(xxi) Point Lopez, CA—36°00.00′ N. 

lat. 

(xxii) Point Conception, CA— 

34°27.00′ N. lat. [Note: Regulations that 

apply to waters north of 34°27.00′ N. lat. 

are applicable only west of 120°28.00′ 

W. long.; regulations that apply to 

waters south of 34°27.00′ N. lat. also 

apply to all waters both east of 

120°28.00′ W. long. and north of 

34°27.00′ N. lat.] 

Observer. (See § 600.10 of this 

chapter—U.S. Observer or Observer) 

Observer Program or Observer 

Program Office means the West Coast 

Groundfish Observer Program (WCGOP) 

Office of the Northwest Fishery Science 

Center, National Marine Fisheries 

Service, Seattle, Washington. 

Office of Law Enforcement or OLE 

refers to the National Marine Fisheries 

Service, Office of Law Enforcement, 

Northwest Division. 

Open access fishery means the fishery 

composed of commercial vessels using 

open access gear fished pursuant to the 

harvest guidelines, quotas, and other 

management measures governing the 

harvest of open access allocations 

(detailed in § 660.55 and Tables 1c and 

2c of subpart C of this part) or governing 

the fishing activities of open access 

vessels (detailed in subpart F of this 

part) Any commercial vessel that is not 

registered to a limited entry permit and 

which takes and retains, possesses or 

lands groundfish is a participant in the 

open access groundfish fishery. 

Open access gear means all types of 

fishing gear except: 

(1) Longline or trap (or pot) gear 

fished by a vessel that has a limited 

entry permit affixed with a gear 

endorsement for that gear. 

(2) Groundfish trawl. 

Operate a vessel means any use of a 

vessel, including, but not limited to, 

fishing or drifting by means of the 

prevailing water current or weather 

conditions. 

Operator. (See § 600.10) 

Optimum yield or OY means the 

amount of fish that will provide the 

greatest overall benefit to the Nation, 

particularly with respect to food 

production and recreational 

opportunities, and, taking into account 

the protection of marine ecosystems, is 


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prescribed as such on the basis of the 

MSY from the fishery, as reduced by 

any relevant economic, social, or 

ecological factor; and, in the case of an 

overfished fishery, provides for 

rebuilding to a level consistent with 

producing the MSY in such fishery. OY 

may be expressed numerically (as a 

harvest guideline, quota, or other 

specification) or non-numerically. 

Overage means the amount of fish 

harvested by a vessel in excess of: 

(1) The applicable trip limit for any 

fishery to which a trip limit applies; 

(2) The amount authorized by the 

applicable permit for trawl fisheries at 

subpart D of this part; 

(3) The amount authorized by the 

applicable sablefish endorsed permits 

for fixed gear sablefish fisheries at 

subpart E of this part. 

Ownership interest means 

participation in ownership of a 

corporation, partnership, or other entity: 

(1) For sablefish-endorsed permits, 

ownership interest means participation 

in ownership of a corporation, 

partnership, or other entity that owns a 

sablefish endorsed permit. Ownership 

interest does not mean owning stock in 

a publicly owned corporation. 

(2) For the limited entry trawl fishery 

in subpart D of this part, ownership 

interest means participation in 

ownership of a corporation, partnership, 

or other entity that owns a QS permit, 

mothership permit, and a MS/CVendorsed limited entry permit. 

Pacific Coast Groundfish Fishery 

Management Plan or PCGFMP means 

the Fishery Management Plan for the 

Washington, Oregon, and California 

Groundfish Fishery developed by the 

Pacific Fishery Management Council 

and approved by the Secretary on 

January 4, 1982, and as it may be 

subsequently amended. 

Partnership is two or more 

individuals, partnerships, or 

corporations, or combinations thereof, 

who have ownership interest in a 

permit, including married couples and 

legally recognized trusts and 

partnerships, such as limited 

partnerships (LP), general partnerships 

(GP), and limited liability partnerships 

(LLP). 

Permit holder means a vessel owner 

as identified on the USCG form 1270 or 

state motor vehicle licensing document 

and as registered on a limited entry 

permit issued under Subparts C through 

E of this part. 

Permit owner means a person who is 

the owner of record with NMFS, SFD, 

Permits Office of a limited entry permit. 

For first receiver site licenses, see 

definition for ‘‘license owner.’’ 

Person, as it applies to limited entry 

and open access fisheries conducted 

under 50 CFR part 660, Subparts C 

through G, means any individual, 

corporation, partnership, association or 

other entity (whether or not organized 

or existing under the laws of any state), 

and any Federal, state, or local 

government, or any entity of any such 

government that is eligible to own a 

documented vessel under the terms of 

46 U.S.C. 12102(a). 

Processing or to process means the 

preparation or packaging of groundfish 

to render it suitable for human 

consumption, retail sale, industrial uses 

or long-term storage, including, but not 

limited to, cooking, canning, smoking, 

salting, drying, filleting, freezing, or 

rendering into meal or oil, but does not 

mean heading and gutting unless 

additional preparation is done. (Also see 

an exception to certain requirements at 

§ 660.131(a), subpart D pertaining to 

Pacific whiting shoreside vessels 75-ft 

(23-m) or less LOA that, in addition to 

heading and gutting, remove the tails 

and freeze catch at sea.) 

(1) At-sea processing means 

processing that takes place on a vessel 

or other platform that floats and is 

capable of being moved from one 

location to another, whether shorebased or on the water. 

(2) Shore-based processing or 

processing means processing that takes 

place at a facility that is permanently 

fixed to land. (Also see the definition for 

shoreside processing at § 660.140, 

subpart D which defines shoreside 

processing for the purposes of 

qualifying for a shoreside IFQ program 

QS permit.) 

Processor means person, vessel, or 

facility that engages in processing; or 

receives live groundfish directly from a 

fishing vessel for retail sale without 

further processing. (Also see the 

definition for processors at § 660.140, 

subpart D which defines processor for 

the purposes of qualifying for a 

shoreside IFQ program QS permit.) 

Prohibited species means those 

species and species groups whose 

retention is prohibited unless 

authorized by provisions of this section 

or other applicable law. The following 

are prohibited species: Any species of 

salmonid, Pacific halibut, Dungeness 

crab caught seaward of Washington or 

Oregon, and groundfish species or 

species groups under the PCGFMP for 

which quotas have been achieved and/ 

or the fishery closed. 

Quota means a specified numerical 

harvest objective, the attainment (or 

expected attainment) of which causes 

closure of the fishery for that species or 

species group. 

Recreational fishing means fishing 

with authorized recreational fishing gear 

for personal use only, and not for sale 

or barter. 

Regional Administrator means the 

Administrator, Northwest Region, 

NMFS. 

Reserve means a portion of the harvest 

guideline or quota set aside at the 

beginning of the fishing year or biennial 

fishing period to allow for uncertainties 

in preseason estimates. 

Round weight. (See § 600.10 of this 

chapter). Round weight does not 

include ice, water, or slime. 

Sale or sell. (See § 600.10 of this 

chapter) 

Scientific research activity. (See 

§ 600.10 of this chapter) 

Secretary. (See § 600.10 of this 

chapter) 

Specification is a numerical or 

descriptive designation of a 

management objective, including but 

not limited to: Acceptable biological 

catch; optimum yield; harvest guideline; 

quota; limited entry or open access 

allocation; a set-aside or allocation for a 

recreational or treaty Indian fishery; an 

apportionment of the above to an area, 

gear, season, fishery, or other 

subdivision. 

Spouse means a person who is legally 

married to another person as recognized 

by state law (i.e., one’s wife or 

husband). 

Stacking is the practice of registering 

more than one limited entry permit for 

use with a single vessel (See 

§ 660.25(b)(4)(iii), subpart C). 

Sustainable Fisheries Division or SFD 

means the Chief, Sustainable Fisheries 

Division, Northwest Regional Office, 

NMFS, or a designee. 

Target fishing means fishing for the 

primary purpose of catching a particular 

species or species group (the target 

species). 

Tax-exempt organization means an 

organization that received a 

determination letter from the Internal 

Revenue Service recognizing tax 

exemption under 26 CFR part 1 (1.501 

to 1.640). 

Totally lost means the vessel being 

replaced no longer exists in specie, or is 

absolutely and irretrievably sunk or 

otherwise beyond the possible control of 

the owner, or the costs of repair 

(including recovery) would exceed the 

value of the vessel after repairs. 

Trawl fishery means 

(1) For the purpose of allocations at 

§ 660.55, subpart C, trawl fishery means 

the groundfish limited entry trawl 

fishery. 

(2) For the purposes of all other 

management measures in subparts C 

through G of this part, trawl fishery 


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means any fishery using trawl gear as 

defined under the definition of fishing 

gear in this section. 

Trip. (See § 600.10 of this chapter) 

Trip limits. Trip limits are used in the 

commercial fishery to specify the 

maximum amount of a fish species or 

species group that may legally be taken 

and retained, possessed, or landed, per 

vessel, per fishing trip, or cumulatively 

per unit of time, or the number of 

landings that may be made from a vessel 

in a given period of time, as follows: 

(1) A per trip limit is the total 

allowable amount of a groundfish 

species or species group, by weight, or 

by percentage of weight of legal fish on 

board, that may be taken and retained, 

possessed, or landed per vessel from a 

single fishing trip. 

(2) A daily trip limit is the maximum 

amount of a groundfish species or 

species group that may be taken and 

retained, possessed, or landed per vessel 

in 24 consecutive hours, starting at 0001 

hours local time. Only one landing of 

groundfish may be made in that 24-hour 

period. Daily trip limits may not be 

accumulated during multiple day trips. 

(3) A weekly trip limit is the 

maximum amount of a groundfish 

species or species group that may be 

taken and retained, possessed, or landed 

per vessel in 7 consecutive days, 

starting at 0001 hours local time on 

Sunday and ending at 2400 hours local 

time on Saturday. Weekly trip limits 

may not be accumulated during 

multiple week trips. If a calendar week 

falls within two different months or two 

different cumulative limit periods, a 

vessel is not entitled to two separate 

weekly limits during that week. 

(4) A cumulative trip limit is the 

maximum amount of a groundfish 

species or species group that may be 

taken and retained, possessed, or landed 

per vessel in a specified period of time 

without a limit on the number of 

landings or trips, unless otherwise 

specified. The cumulative trip limit 

periods for limited entry and open 

access fisheries, which start at 0001 

hours local time and end at 2400 hours 

local time, are as follows, unless 

otherwise specified: 

(i) The 2-month or ‘‘major’’ cumulative 

limit periods are: January 1–February 

28/29, March 1–April 30, May 1–June 

30, July 1–August 31, September 1– 

October 31, and, November 1–December 

31. 

(ii) One month means the first day 

through the last day of the calendar 

month. 

(iii) One week means 7 consecutive 

days, Sunday through Saturday. 

Vessel manager means a person or 

group of persons whom the vessel 

owner has given authority to oversee all 

or a portion of groundfish fishing 

activities aboard the vessel. 

Vessel monitoring system or VMS 

means a vessel monitoring system or 

mobile transceiver unit as set forth in 

§ 660.14, subpart C and approved by 

NMFS for use on vessels that take 

(directly or incidentally) species 

managed under the PCGFMP, as 

required by this subpart. 

Vessel of the United States or U.S. 

vessel. (See § 600.10) 

Vessel owner or owner of a vessel, as 

used in subparts C through G of this 

part, means a person identified as the 

current owner in the Certificate of 

Documentation (CG–1270) issued by the 

USCG for a documented vessel, or in a 

registration certificate issued by a state 

or the USCG for an undocumented 

vessel. 

§ 660.12 General groundfish prohibitions. 

In addition to the general prohibitions 

specified in § 600.725 of this chapter, it 

is unlawful for any person to: 

(a) General. (1) Retain any prohibited 

species (defined in § 660.11, subpart C 

and restricted in § 660.60(e), subpart C) 

caught by means of fishing gear 

authorized under this subpart, unless 

authorized by part 600 or part 300 of 

this chapter. Prohibited species must be 

returned to the sea as soon as 

practicable with a minimum of injury 

when caught and brought on board. 

(2) Falsify or fail to affix and maintain 

vessel and gear markings as required by 

§ 660.20 or § 660.219, subpart E or 

§ 660.319, subpart F. 

(3) Fish for groundfish in violation of 

any terms or conditions attached to an 

EFP under § 600.745 of this chapter or 

§ 660.30, subpart C. 

(4) Fish for groundfish using gear not 

authorized in subparts C through G of 

this part or in violation of any terms or 

conditions attached to an EFP under 

§ 660.30, subpart C or part 600 of this 

chapter. 

(5) Take and retain, possess, or land 

more groundfish than specified under 

§ 660.50, § 660.55, § 660.60 of subpart C, 

or subpart D through G of this part, or 

under an EFP issued under § 660.30, 

Subpart C or part 600 of this chapter. 

(6) Take, retain, possess, or land more 

than a single cumulative limit of a 

particular species, per vessel, per 

applicable cumulative limit period, 

except for sablefish taken in the primary 

limited entry, fixed gear sablefish 

season from a vessel authorized to fish 

in that season, as described at § 660.231, 

subpart E. 

(7) Take and retain, possess, or land 

groundfish in excess of the landing limit 

for the open access fishery without 

having a valid limited entry permit for 

the vessel affixed with a gear 

endorsement for the gear used to catch 

the fish. 

(8) Fail to sort, prior to the first 

weighing after offloading, those 

groundfish species or species groups for 

which there is a trip limit, size limit, 

scientific sorting designation, quota, 

harvest guideline, or OY, if the vessel 

fished or landed in an area during a 

time when such trip limit, size limit, 

scientific sorting designation, quota, 

harvest guideline, or OY applied; except 

as specified at § 660.131, subpart C for 

vessels participating in the Pacific 

whiting at-sea sectors. 

(9) When requested or required by an 

authorized officer, refuse to present 

fishing gear for inspection, refuse to 

present fish subject to such persons 

control for inspection; or interfere with 

a fishing gear or marine animal or plant 

life inspection. 

(10) Transfer fish to another vessel at 

sea unless a vessel is participating in the 

primary Pacific whiting fishery as part 

of the mothership or catcher/processor 

sectors. 

(11) Fish with dredge gear (defined in 

§ 660.11, subpart C) anywhere within 

EFH within the EEZ. For the purposes 

of regulation, EFH within the EEZ is 

described at § 660.75, subpart C. 

(12) Fish with beam trawl gear 

(defined in § 660.11, subpart C) 

anywhere within EFH within the EEZ. 

For the purposes of regulation, EFH 

within the EEZ is described at § 660.75, 

subpart C. 

(13) During times or in areas where atsea processing is prohibited, take and 

retain or receive Pacific whiting, except 

as cargo or fish waste, on a vessel in the 

fishery management area that already 

has processed Pacific whiting on board. 

An exception to this prohibition is 

provided if the fish are received within 

the tribal U&A from a member of a 

Pacific Coast treaty Indian tribe fishing 

under § 660.50, subpart C. 

(b) Reporting and Recordkeeping. (1) 

Falsify or fail to make and/or file, retain 

or make available any and all reports of 

groundfish landings, containing all data, 

and in the exact manner, required by the 

applicable State law, as specified in 

§ 660.13, subpart C, provided that 

person is required to do so by the 

applicable state law. 

(2) Fail to retain on board a vessel 

from which groundfish is landed, and 

provide to an authorized officer upon 

request, copies of any and all reports of 

groundfish landings, or receipts 

containing all data, and made in the 

exact manner required by the applicable 

state law throughout the cumulative 


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limit period during which such landings 

occurred and for 15 days thereafter. 

(c) Limited entry fisheries. (1) Carry 

on board a vessel, or deploy, limited 

entry gear when the limited entry 

fishery for that gear is closed, except 

that a vessel may carry on board limited 

entry groundfish trawl gear as provided 

in § 660.112(a)(1), subpart D. 

(2) [Reserved] 

(d) Limited entry permits. (1) If a 

limited entry permit is registered for use 

with a vessel, fail to carry that permit 

onboard the vessel registered for use 

with the permit. A photocopy of the 

permit may not substitute for the 

original permit itself. 

(2) Make a false statement on an 

application for issuance, renewal, 

transfer, vessel registration, replacement 

of a limited entry permit, or a 

declaration of ownership interest in a 

limited entry permit. 

(e) Groundfish observer program. (1) 

Forcibly assault, resist, oppose, impede, 

intimidate, harass, sexually harass, 

bribe, or interfere with an observer. 

(2) Interfere with or bias the sampling 

procedure employed by an observer 

including either mechanically or 

manually sorting or discarding catch 

before sampling. 

(3) Tamper with, destroy, or discard 

an observer’s collected samples, 

equipment, records, photographic film, 

papers, or personal effects without the 

express consent of the observer. 

(4) Harass an observer by conduct 

that: 

(i) Has sexual connotations, 

(ii) Has the purpose or effect of 

interfering with the observer’s work 

performance, and/or 

(iii) Otherwise creates an 

intimidating, hostile, or offensive 

environment. In determining whether 

conduct constitutes harassment, the 

totality of the circumstances, including 

the nature of the conduct and the 

context in which it occurred, will be 

considered. The determination of the 

legality of a particular action will be 

made from the facts on a case-by-case 

basis. 

(5) Fish for, land, or process fish 

without observer coverage when a 

vessel is required to carry an observer 

under subparts C through G of this part. 

(6) Require, pressure, coerce, or 

threaten an observer to perform duties 

normally performed by crew members, 

including, but not limited to, cooking, 

washing dishes, standing watch, vessel 

maintenance, assisting with the setting 

or retrieval of gear, or any duties 

associated with the processing of fish, 

from sorting the catch to the storage of 

the finished product. 

(7) Fail to provide departure or cease 

fishing reports specified at § 660.116, 

subpart D, § 660.216, subpart E, or 

§ 660.316, subpart F. 

(8) Fail to meet the vessel 

responsibilities specified at § 660.116, 

subpart D, § 660.216, subpart E, or 

§ 660.316, subpart F. 

(f) Vessel Monitoring Systems. (1) Use 

any vessel required to operate and 

maintain a VMS unit under § 660.14(b) 

unless that vessel carries a NMFS OLE 

type-approved mobile transceiver unit 

and complies with all the requirements 

described at § 660.14(c). 

(2) Fail to install, activate, repair or 

replace a mobile transceiver unit prior 

to leaving port as specified at § 660.14. 

(3) Fail to operate and maintain a 

mobile transceiver unit on board the 

vessel at all times as specified at 

§ 660.14. 

(4) Tamper with, damage, destroy, 

alter, or in any way distort, render 

useless, inoperative, ineffective, or 

inaccurate the VMS, mobile transceiver 

unit, or VMS signal required to be 

installed on or transmitted by a vessel 

as specified at § 660.14. 

(5) Fail to contact NMFS OLE or 

follow NMFS OLE instructions when 

automatic position reporting has been 

interrupted as specified at § 660.14. 

(6) Register the same VMS transceiver 

unit to more than one vessel at the same 

time. 

(7) Falsify any VMS activation report 

or VMS exemption report that is 

authorized or required, as specified at 

§ 660.14. 

(8) Falsify any declaration report that 

is required, as specified at § 660.13. 

§ 660.13 Recordkeeping and reporting. 

(a) This subpart recognizes that catch 

and effort data necessary for 

implementing the PCGFMP are 

collected by the States of Washington, 

Oregon, and California under existing 

state data collection requirements. 

(b) Any person who is required to do 

so by the applicable state law must 

make and/or file, retain, or make 

available any and all reports (i.e., 

logbooks, state landing receipts, etc.) of 

groundfish harvests and landings 

containing all data, and in the exact 

manner, required by the applicable state 

law. 

(c) Any person landing groundfish 

must retain on board the vessel from 

which groundfish is landed, and 

provide to an authorized officer upon 

request, copies of any and all reports of 

groundfish landings containing all data, 

and in the exact manner, required by the 

applicable state law throughout the 

cumulative limit period during which a 

landing occurred and for 15 days 

thereafter. 

(d) Declaration reporting 

requirements—(1) Declaration reports 

for vessels registered to limited entry 

permits. The operator of any vessel 

registered to a limited entry permit must 

provide NMFS OLE with a declaration 

report, as specified at paragraph 

(d)(5)(iv) of this section, before the 

vessel leaves port on a trip in which the 

vessel is used to fish in U.S. ocean 

waters between 0 and 200 nm offshore 

of Washington, Oregon, or California. 

(2) Declaration reports for all vessels 

using non-groundfish trawl gear. The 

operator of any vessel that is not 

registered to a limited entry permit and 

which uses non-groundfish trawl gear to 

fish in the EEZ (3–200 nm offshore), 

must provide NMFS OLE with a 

declaration report, as specified at 

paragraph (d)(5)(iv) of this section, 

before the vessel leaves port to fish in 

the EEZ. 

(3) Declaration reports for open access 

vessels using nontrawl gear (all types of 

open access gear other than nongroundfish trawl gear). The operator of 

any vessel that is not registered to a 

limited entry permit, must provide 

NMFS with a declaration report, as 

specified at paragraph (d)(5)(iv) of this 

section, before the vessel leaves port on 

a trip in which the vessel is used to take 

and retain or possess groundfish in the 

EEZ or land groundfish taken in the 

EEZ. 

(4) Declaration reports for tribal 

vessels using trawl gear. The operator of 

any tribal vessel using trawl gear must 

provide NMFS with a declaration 

report, as specified at paragraph 

(d)(5)(iv) of this section, before the 

vessel leaves port on a trip in which 

fishing occurs within the trawl RCA. 

(5) Declaration reports. (i) The 

operator of a vessel specified in 

paragraphs (d)(1), (d)(2), and (d)(3) of 

this section must provide a declaration 

report to NMFS OLE prior to leaving 

port on the first trip in which the vessel 

meets the requirement specified at 

§ 660.14(b) to have a VMS. 

(ii) The vessel operator must send a 

new declaration report before leaving 

port on a trip in which a gear type that 

is different from the gear type most 

recently declared for the vessel will be 

used. A declaration report will be valid 

until another declaration report revising 

the existing gear declaration is received 

by NMFS OLE. 

(iii) During the period of time that a 

vessel has a valid declaration report on 

file with NMFS OLE, it cannot fish with 

a gear other than a gear type declared by 

the vessel. 


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(iv) Declaration reports will include: 

The vessel name and/or identification 

number, and gear type (as defined in 

paragraph (d)(5)(iv)(A) of this section). 

Upon receipt of a declaration report, 

NMFS will provide a confirmation code 

or receipt to confirm that a valid 

declaration report was received for the 

vessel. Retention of the confirmation 

code or receipt to verify that a valid 

declaration report was filed and the 

declaration requirement was met is the 

responsibility of the vessel owner or 

operator. Vessels using nontrawl gear 

may declare more than one gear type, 

however, vessels using trawl gear may 

only declare one of the trawl gear types 

listed in paragraph (d)(5)(iv)(A) of this 

section on any trip and may not declare 

nontrawl gear on the same trip in which 

trawl gear is declared. 

(A) One of the following gear types 

must be declared: 

(1) Limited entry fixed gear, 

(2) [Reserved] 

(3) Limited entry midwater trawl, 

non-whiting, 

(4) Limited entry midwater trawl, 

Pacific whiting shorebased sector, 

(5) Limited entry midwater trawl, 

Pacific whiting catcher/processor sector, 

(6) Limited entry midwater trawl, 

Pacific whiting mothership sector, 

(7) Limited entry bottom trawl, not 

including demersal trawl, 

(8) Limited entry demersal trawl, 

(9) Non-groundfish trawl gear for pink 

shrimp, 

(10) Non-groundfish trawl gear for 

ridgeback prawn, 

(11) Non-groundfish trawl gear for 

California halibut, 

(12) Non-groundfish trawl gear for sea 

cucumber, 

(13) Open access longline gear for 

groundfish, 

(14) Open access Pacific halibut 

longline gear, 

(15) Open access groundfish trap or 

pot gear, 

(16) Open access Dungeness crab trap 

or pot gear, 

(17) Open access prawn trap or pot 

gear, 

(18) Open access sheephead trap or 

pot gear, 

(19) Open access line gear for 

groundfish, 

(20) Open access HMS line gear, 

(21) Open access salmon troll gear, 

(22) Open access California Halibut 

line gear, 

(23) Open access net gear, 

(24) Other gear, or 

(25) Tribal trawl. 

(B) [Reserved] 

§ 660.14 Vessel Monitoring System (VMS) 

requirements. 

(a) What Is a VMS? A VMS consists 

of a NMFS OLE type-approved mobile 

transceiver unit that automatically 

determines the vessel’s position and 

transmits it to a NMFS OLE typeapproved communications service 

provider. The communications service 

provider receives the transmission and 

relays it to NMFS OLE. 

(b) Who Is Required To Have a VMS? 

The following vessels are required to 

install a NMFS OLE type-approved 

mobile transceiver unit and to arrange 

for a NMFS OLE type-approved 

communications service provider to 

receive and relay transmissions to 

NMFS OLE prior to fishing: 

(1) Any vessel registered for use with 

a limited entry permit that fishes in 

state or Federal waters seaward of the 

baseline from which the territorial sea is 

measured off the States of Washington, 

Oregon or California (0–200 nm 

offshore). 

(2) Any vessel that uses nongroundfish trawl gear to fish in the EEZ. 

(3) Any vessel that uses open access 

gear to take and retain, or possess 

groundfish in the EEZ or land 

groundfish taken in the EEZ. 

(c) How Are Mobile Transceiver Units 

and Communications Service Providers 

Approved by NMFS OLE? 

(1) NMFS OLE will publish typeapproval specifications for VMS 

components in the Federal Register or 

notify the public through other 

appropriate media. 

(2) Mobile transceiver unit 

manufacturers or communication 

service providers will submit products 

or services to NMFS OLE for evaluation 

based on the published specifications. 

(3) NMFS OLE may publish a list of 

NMFS OLE type-approved mobile 

transceiver units and communication 

service providers for the Pacific Coast 

groundfish fishery in the Federal 

Register or notify the public through 

other appropriate media. As necessary, 

NMFS OLE may publish amendments to 

the list of type-approved mobile 

transceiver units and communication 

service providers in the Federal 

Register or through other appropriate 

media. A list of VMS transceivers that 

have been type-approved by NMFS OLE 

may be mailed to the permit owner’s 

address of record. NMFS will bear no 

responsibility if a notification is sent to 

the address of record and is not received 

because the applicant’s actual address 

has changed without notification to 

NMFS, as required at 

§ 660.25(b)(4)(i)(B). 

(d) What Are the Vessel Owner’s 

Responsibilities? If you are a vessel 

owner that must participate in the VMS 

program, you or the vessel operator 

must: 

(1) Obtain a NMFS OLE typeapproved mobile transceiver unit and 

have it installed on board your vessel in 

accordance with the instructions 

provided by NMFS OLE. You may 

obtain a copy of the VMS installation 

and operation instructions from the 

NMFS OLE Northwest, VMS Program 

Manager upon request at 7600 Sand 

Point Way NE., Seattle, WA 98115– 

6349, phone: (206) 526–6133. 

(2) Activate the mobile transceiver 

unit, submit an activation report at least 

72 hours prior to leaving port on a trip 

in which VMS is required, and receive 

confirmation from NMFS OLE that the 

VMS transmissions are being received 

before participating in a fishery 

requiring the VMS. Instructions for 

submitting an activation report may be 

obtained from the NMFS, Northwest 

OLE VMS Program Manager upon 

request at 7600 Sand Point Way NE., 

Seattle, WA 98115–6349, phone: 

(206)526–6133. An activation report 

must again be submitted to NMFS OLE 

following reinstallation of a mobile 

transceiver unit or change in service 

provider before the vessel may be used 

to fish in a fishery requiring the VMS. 

(i) Activation reports. If you are a 

vessel owner who must use VMS and 

you are activating a VMS transceiver 

unit for the first time or reactivating a 

VMS transceiver unit following a 

reinstallation of a mobile transceiver 

unit or change in service provider, you 

must fax NMFS OLE an activation 

report that includes: Vessel name; vessel 

owner’s name, address and telephone 

number, vessel operator’s name, address 

and telephone number, USCG vessel 

documentation number/state 

registration number; if applicable, the 

groundfish permit number the vessel is 

registered to; VMS transceiver unit 

manufacturer; VMS communications 

service provider; VMS transceiver 

identification; identifying if the unit is 

the primary or backup; and a statement 

signed and dated by the vessel owner 

confirming compliance with the 

installation procedures provided by 

NMFS OLE. 

(ii) Transferring ownership of VMS 

unit. Ownership of the VMS transceiver 

unit may be transferred from one vessel 

owner to another vessel owner if all of 

the following documents are provided 

to NMFS OLE: a new activation report, 

which identifies that the transceiver 

unit was previously registered to 

another vessel; a notarized bill of sale 

showing proof of ownership of the VMS 

transceiver unit; documentation from 

the communications service provider 

showing proof that the service 

agreement for the previous vessel was 


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terminated and that a service agreement 

was established for the new vessel. 

(3) Transceiver unit operation. 

Operate and maintain the mobile 

transceiver unit in good working order 

continuously, 24 hours a day 

throughout the fishing year, unless such 

vessel is exempted under paragraph 

(d)(4) of this section. The mobile 

transceiver unit must transmit a signal 

accurately indicating the vessel’s 

position at least once every hour, 24 

hours a day, throughout the year unless 

a valid exemption report, as described 

in paragraph (b)(4) of this section, has 

been received by NMFS OLE. Less 

frequent position reporting at least once 

every four hours is authorized when a 

vessel remains in port for an extended 

period of time, but the mobile 

transceiver unit must remain in 

continuous operation at all times unless 

the vessel is exempted under this 

section. 

(4) VMS exemptions. A vessel that is 

required to operate and maintain the 

mobile transceiver unit continuously 24 

hours a day throughout the fishing year 

may be exempted from this requirement 

if a valid exemption report, as described 

at paragraph (d)(4)(vii) of this section, is 

received by NMFS OLE and the vessel 

is in compliance with all conditions and 

requirements of the VMS exemption 

identified in this section and specified 

in the exemption report. 

(i) Haul out exemption. When it is 

anticipated that a vessel will be 

continuously out of the water for more 

than 7 consecutive days and a valid 

exemption report has been received by 

NMFS OLE, electrical power to the VMS 

mobile transceiver unit may be removed 

and transmissions may be discontinued. 

Under this exemption, VMS 

transmissions can be discontinued from 

the time the vessel is removed from the 

water until the time that the vessel is 

placed back in the water. 

(ii) Outside areas exemption. When 

the vessel will be operating seaward of 

the EEZ off Washington, Oregon, or 

California continuously for more than 7 

consecutive days and a valid exemption 

report has been received by NMFS OLE, 

the VMS mobile transceiver unit 

transmissions may be reduced or 

discontinued from the time the vessel 

leaves the EEZ off the coasts of 

Washington, Oregon or California until 

the time that the vessel re-enters the 

EEZ off the coasts of Washington, 

Oregon or California. Under this 

exemption, the vessel owner or operator 

can request that NMFS OLE reduce or 

discontinue the VMS transmissions after 

receipt of an exemption report, if the 

vessel is equipped with a VMS 

transceiver unit that NMFS OLE has 

approved for this exemption. 

(iii) Permit transfer exemption. If the 

limited entry permit has been 

transferred from a vessel (for the 

purposes of this section, this includes 

permits placed into ‘‘unidentified’’ 

status) the vessel may be exempted from 

VMS requirements providing the vessel 

is not used to fish in state or Federal 

waters seaward of the baseline from 

which the territorial sea is measured off 

the States of Washington, Oregon or 

California (0–200 nm offshore) for the 

remainder of the fishing year. If the 

vessel is used to fish in this area for any 

species of fish at any time during the 

remaining portion of the fishing year 

without being registered to a limited 

entry permit, the vessel is required to 

have and use VMS. 

(iv) Long-term departure exemption. 

A vessel participating in the open access 

fishery that is required to have VMS 

under paragraph (b)(3) of this section 

may be exempted from VMS provisions 

after the end of the fishing year in 

which it fished in the open access 

fishery, providing the vessel submits a 

completed exemption report signed by 

the vessel owner that includes a 

statement signed by the vessel owner 

indicating that the vessel will not be 

used to take and retain or possess 

groundfish in the EEZ or land 

groundfish taken in the EEZ during the 

new fishing year. 

(v) Emergency exemption. Vessels 

required to have VMS under paragraph 

(b) of this section may be exempted 

from VMS provisions in emergency 

situations that are beyond the vessel 

owner’s control, including but not 

limited to: fire, flooding, or extensive 

physical damage to critical areas of the 

vessel. A vessel owner may apply for an 

emergency exemption from the VMS 

requirements specified in paragraph (b) 

of this section for his/her vessel by 

sending a written request to NMFS OLE 

specifying the following information: 

The reasons for seeking an exemption, 

including any supporting documents 

(e.g., repair invoices, photographs 

showing damage to the vessel, insurance 

claim forms, etc.); the time period for 

which the exemption is requested; and 

the location of the vessel while the 

exemption is in effect. NMFS OLE will 

issue a written determination granting 

or denying the emergency exemption 

request. A vessel will not be covered by 

the emergency exemption until NMFS 

OLE issues a determination granting the 

exemption. If an exemption is granted, 

the duration of the exemption will be 

specified in the NMFS OLE 

determination. 

(vi) Submission of exemption reports. 

Signed long-term departure exemption 

reports must be submitted by fax or by 

e-mailing an electronic copy of the 

actual report. In the event of an 

emergency in which an emergency 

exemption request will be submitted, 

initial contact with NMFS OLE must be 

made by telephone, fax or e-mail within 

24 hours from when the incident 

occurred. Emergency exemption 

requests must be requested in writing 

within 72 hours from when the incident 

occurred. Other exemption reports must 

be submitted through the VMS or 

another method that is approved by 

NMFS OLE and announced in the 

Federal Register. Submission methods 

for exemption requests, except longterm departures and emergency 

exemption requests, may include e-mail, 

facsimile, or telephone. NMFS OLE will 

provide, through appropriate media, 

instructions to the public on submitting 

exemption reports. Instructions and 

other information needed to make 

exemption reports may be mailed to the 

vessel owner’s address of record. NMFS 

will bear no responsibility if a 

notification is sent to the address of 

record for the vessel owner and is not 

received because the vessel owner’s 

actual address has changed without 

notification to NMFS, Owners of vessels 

required to use VMS who do not receive 

instructions by mail are responsible for 

contacting NMFS OLE during business 

hours at least 3 days before the 

exemption is required to obtain 

information needed to make exemption 

reports. NMFS OLE must be contacted 

during business hours (Monday through 

Friday between 0800 and 1700 Pacific 

Time). 

(vii) Valid exemption reports. For an 

exemption report to be valid, it must be 

received by NMFS at least 2 hours and 

not more than 24 hours before the 

exempted activities defined at 

paragraphs (d)(4)(i) through (iv) of this 

section occur. An exemption report is 

valid until NMFS receives a report 

canceling the exemption. An exemption 

cancellation must be received at least 2 

hours before the vessel re-enters the EEZ 

following an outside areas exemption; at 

least 2 hours before the vessel is placed 

back in the water following a haul out 

exemption; at least 2 hours before the 

vessel resumes fishing for any species of 

fish in state or Federal waters off the 

States of Washington, Oregon, or 

California after it has received a permit 

transfer exemption; or at least 2 hours 

before a vessel resumes fishing in the 

open access fishery after a long-term 

departure exemption. If a vessel is 

required to submit an activation report 


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under paragraph (d)(2)(i) of this section 

before returning to fish, that report may 

substitute for the exemption 

cancellation. Initial contact must be 

made with NMFS OLE not more than 24 

hours after the time that an emergency 

situation occurred in which VMS 

transmissions were disrupted and 

followed by a written emergency 

exemption request within 72 hours from 

when the incident occurred. If the 

emergency situation upon which an 

emergency exemption is based is 

resolved before the exemption expires, 

an exemption cancellation must be 

received by NMFS at least 2 hours 

before the vessel resumes fishing. 

(5) When aware that transmission of 

automatic position reports has been 

interrupted, or when notified by NMFS 

OLE that automatic position reports are 

not being received, contact NMFS OLE 

at 7600 Sand Point Way NE., Seattle, 

WA 98115–6349, phone: (206) 526–6133 

and follow the instructions provided to 

you. Such instructions may include, but 

are not limited to, manually 

communicating to a location designated 

by NMFS OLE the vessel’s position or 

returning to port until the VMS is 

operable. 

(6) After a fishing trip during which 

interruption of automatic position 

reports has occurred, the vessel’s owner 

or operator must replace or repair the 

mobile transceiver unit prior to the 

vessel’s next fishing trip. Repair or 

reinstallation of a mobile transceiver 

unit or installation of a replacement, 

including change of communications 

service provider shall be in accordance 

with the instructions provided by NMFS 

OLE and require the same certification. 

(7) Make the mobile transceiver units 

available for inspection by NMFS OLE 

personnel, USCG personnel, state 

enforcement personnel or any 

authorized officer. 

(8) Ensure that the mobile transceiver 

unit is not tampered with, disabled, 

destroyed, operated, or maintained 

improperly. 

(9) Pay all charges levied by the 

communication service provider as 

necessary to ensure continuous 

operation of the VMS transceiver units. 

§ 660.15 Equipment requirements. 

(a) Applicability. This section 

contains the equipment and operational 

requirements for scales used to weigh 

catch at sea, scales used to weigh catch 

at IFQ first receivers, computer 

hardware for electronic fish ticket 

software and computer hardware for 

electronic logbook software. 

(b) Performance and technical 

requirements for scales used to weigh 

catch at sea. [Reserved] 

(c) Performance and technical 

requirements for scales used to weigh 

catch at IFQ first receivers. [Reserved] 

(d) Electronic fish tickets. Pacific 

whiting shoreside first receivers using 

the electronic fish ticket software 

provided by Pacific States Marine Fish 

Commission are required to meet the 

hardware and software requirements 

below. Those Pacific whiting shoreside 

first receivers who have NMFSapproved software compatible with the 

standards specified by Pacific States 

Marine Fish Commission for electronic 

fish tickets are not subject to any 

specific hardware or software 

requirements. 

(1) Hardware and software 

requirements. (i) A personal computer 

with Pentium 75–MHz or higher. 

Random Access Memory (RAM) must 

have sufficient megabyte (MB) space to 

run the operating system, plus an 

additional 8 MB for the software 

application and available hard disk 

space of 217 MB or greater. A CD–ROM 

drive with a Video Graphics Adapter 

(VGA) or higher resolution monitor 

(super VGA is recommended). 

(ii) Microsoft Windows 2000 (64 MB 

or greater RAM required), Windows XP 

(128 MB or greater RAM required) or 

later operating system. 

(iii) Microsoft Access 2003 or newer. 

(2) NMFS approved software 

standards and internet access. The first 

receiver is responsible for obtaining, 

installing and updating electronic fish 

tickets software either provided by 

Pacific States Marine Fish Commission, 

or compatible with the data export 

specifications specified by Pacific States 

Marine Fish Commission and for 

maintaining internet access sufficient to 

transmit data files via e-mail. Requests 

for data export specifications can be 

submitted to: Attn: Frank Lockhart, 

National Marine Fisheries Service, 

Northwest Region Sustainable Fisheries 

Division, 7600 Sand Point Way NE., 

Seattle, WA 98115, or via e-mail to 

frank.lockhart@noaa.gov. 

(3) Maintenance. The Pacific whiting 

shoreside first receiver is responsible for 

ensuring that all hardware and software 

required under this subsection are fully 

operational and functional whenever 

the Pacific whiting primary season 

deliveries are accepted. . 

(4) Improving data quality. Vessel 

owners and operators, Pacific whiting 

shoreside first receivers, or shoreside 

processor owners, or managers may 

contact NMFS in writing to request 

assistance in improving data quality and 

resolving issues. Requests may be 

submitted to: Attn: Frank Lockhart, 

National Marine Fisheries Service, 

Northwest Region Sustainable Fisheries 

Division, 7600 Sand Point Way NE., 

Seattle, WA 98115, or via e-mail to 

frank.lockhart@noaa.gov. 

§ 660.16 Groundfish observer program. 

(a) General. Vessel owners, operators, 

and managers are jointly and severally 

responsible for their vessel’s compliance 

with observer requirements specified in 

this section and within § 660.116, 

subpart D, § 660.216, subpart E, 

§ 660.316, subpart F, or subpart G. 

(b) Purpose. The purpose of the 

Groundfish Observer Program is to 

collect fisheries data deemed by the 

Northwest Regional Administrator, 

NMFS, to be necessary and appropriate 

for management, compliance 

monitoring, and research in the 

groundfish fisheries and for the 

conservation of living marine resources 

and their habitat. 

(c) Catcher vessels. For the purposes 

of observer coverage requirements the 

term ‘‘catcher vessel’’ includes the 

vessels described in paragraphs (c)(1) 

through (3) of this section. The term 

‘‘catcher vessel’’ does not include: 

catcher/processor or mothership vessels, 

Pacific whiting shoreside vessels that 

sort catch at sea, or recreational vessels. 

(1) Any vessel registered for use with 

a Pacific Coast groundfish limited entry 

permit that fishes in state or Federal 

waters seaward of the baseline from 

which the territorial sea is measured off 

the States of Washington, Oregon or 

California (0–200 nm offshore). 

(2) Any vessel other than a vessel 

described in paragraph (c)(1) of this 

section that is used to take and retain, 

possess, or land groundfish in or from 

the EEZ. 

(3) Any vessel that is required to take 

a Federal observer by the applicable 

State law. 

(d) Observer coverage requirements. 

The following table provides references 

to the regulatory sections with the 

observer coverage requirements. 


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West Coast Groundfish Fishery/Program Regulation subpart and 

section 

Catcher Vessels in the Trawl Fishery, and Pacific Whiting Shoreside Vessels that Sort Catch At Sea ............................ subpart D, § 660.116. 

Mothership Processors ........................................................................................................................................................ subpart D, § 660.116. 

Catcher/Processors .............................................................................................................................................................. subpart D, § 660.116. 

Catcher Vessels in the Fixed Gear Fisheries ...................................................................................................................... subpart E, § 660.216. 

Catcher Vessels in the Open Access Fisheries .................................................................................................................. subpart F, § 660.316. 

(e) NMFS-certified Observer 

Certification and Observer 

Responsibilities—(1) Observer 

Certification—(i) Applicability. 

Observer certification authorizes an 

individual to fulfill duties as specified 

in writing by the NMFS Observer 

Program Office while under the employ 

of a NMFS-permitted observer provider 

and according to certification 

endorsements as designated under 

paragraph (e)(3) of this section. 

(ii) Certification requirements. NMFS 

will certify individuals who: 

(A) Are employed by an observer 

provider company permitted pursuant 

to 50 CFR 679.50 at the time of the 

issuance of the certification; 

(B) Have provided, through their 

observer provider: 

(1) Information identified by NMFS at 

50 CFR 679.50(i)(2)(x)(A)(1)(iii) and (iv); 

and 

(2) Information identified by NMFS at 

50 CFR 679.50(i)(2)(x)(C) regarding the 

observer candidate’s health and 

physical fitness for the job; 

(C) Meet all education and health 

standards as specified in 50 CFR 

679.50(i)(2)(i)(A) and (i)(2)(x)(C), 

respectively; and 

(D) Have successfully completed 

NMFS-approved training as prescribed 

by the Observer Program. 

(1) Successful completion of training 

by an observer applicant consists of 

meeting all attendance and conduct 

standards issued in writing at the start 

of training; meeting all performance 

standards issued in writing at the start 

of training for assignments, tests, and 

other evaluation tools; and completing 

all other training requirements 

established by the Observer Program. 

(2) If a candidate fails training, he or 

she will be notified in writing on or 

before the last day of training. The 

notification will indicate: The reasons 

the candidate failed the training; 

whether the candidate can retake the 

training, and under what conditions, or 

whether, the candidate will not be 

allowed to retake the training. If a 

determination is made that the 

candidate may not pursue further 

training, notification will be in the form 

of an IAD denying certification, as 

specified under paragraph (e)(2)(i) of 

this section. 

(E) Have not been decertified as 

specified in § 660.18(b), or pursuant to 

50 CFR 679.50. 

(2) Agency determinations on 

observer certification—(i) Issuance of an 

observer certification. An observer 

certification will be issued upon 

determination by the observer 

certification official (see § 660.18, 

subpart C) that the candidate has 

successfully met all requirements for 

certification as specified in paragraph 

(e)(1)(ii) of this section. 

(ii) Denial of a certification. The 

NMFS observer certification official (see 

§ 660.18, subpart C) will issue a written 

IAD denying observer certification when 

the observer certification official 

determines that a candidate has 

unresolvable deficiencies in meeting the 

requirements for certification as 

specified in § 660.18, subpart C. The 

IAD will identify the reasons 

certification was denied and what 

requirements were deficient. 

(iii) Appeals. A candidate who 

receives an IAD that denies his or her 

certification may appeal pursuant to 

§ 660.18, subpart C. A candidate who 

appeals the IAD will not be issued an 

interim observer certification, and will 

not receive a certification unless the 

final resolution of that appeal is in the 

candidate’s favor. 

(3) Endorsements. The following 

endorsements must be obtained, in 

addition to observer certification, in 

order for an observer to deploy. 

(i) Certification training endorsement. 

A certification training endorsement 

signifies the successful completion of 

the training course required to obtain 

observer certification. This endorsement 

expires when the observer has not been 

deployed and performed sampling 

duties as required by the Observer 

Program Office for a period of time, 

specified by the Observer Program, after 

his or her most recent debriefing. The 

observer can renew the endorsement by 

successfully completing certification 

training once more. 

(ii) Annual general endorsements. 

Each observer must obtain an annual 

general endorsement to their 

certification prior to his or her first 

deployment within any calendar year 

subsequent to a year in which a 

certification training endorsement is 

obtained. To obtain an annual general 

endorsement, an observer must 

successfully complete the annual 

briefing, as specified by the Observer 

Program. All briefing attendance, 

performance, and conduct standards 

required by the Observer Program must 

be met. 

(iii) Deployment endorsements. Each 

observer who has completed an initial 

deployment after certification or annual 

briefing must receive a deployment 

endorsement to their certification prior 

to any subsequent deployments for the 

remainder of that year. An observer may 

obtain a deployment endorsement by 

successfully completing all pre-cruise 

briefing requirements. The type of 

briefing the observer must attend and 

successfully complete will be specified 

in writing by the Observer Program 

during the observer’s most recent 

debriefing. 

(iv) Pacific whiting fishery 

endorsements. A Pacific whiting fishery 

endorsement is required for purposes of 

performing observer duties aboard 

vessels that process groundfish at sea in 

the Pacific whiting fishery. A Pacific 

whiting fishery endorsement to an 

observer’s certification may be obtained 

by meeting the following requirements: 

(A) Be a prior NMFS-certified 

observer in the groundfish fisheries off 

Alaska or the Pacific Coast, unless an 

individual with this qualification is not 

available; 

(B) Receive an evaluation by NMFS 

for his or her most recent deployment (if 

any) that indicated that the observer’s 

performance met Observer Program 

expectations for that deployment; 

(C) Successfully complete a NMFSapproved observer training and/or 

Pacific whiting briefing as prescribed by 

the Observer Program; and 

(D) Comply with all of the other 

requirements of this section. 

(4) Standards of observer conduct—(i) 

Standards of behavior. Observers must 

avoid any behavior that could adversely 

affect the confidence of the public in the 

integrity of the Observer Program or of 

the government, including but not 

limited to the following: 

(A) Observers must perform their 

assigned duties as described in the 

Observer Manual or other written 


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instructions from the Observer Program 

Office. 

(B) Observers must accurately record 

their sampling data, write complete 

reports, and report accurately any 

observations of suspected violations of 

regulations relevant to conservation of 

marine resources or their environment. 

(C) Observers must not disclose 

collected data and observations made on 

board the vessel or in the processing 

facility to any person except the owner 

or operator of the observed vessel or 

processing facility, an authorized 

officer, or NMFS. 

(D) Observers must refrain from 

engaging in any illegal actions or any 

other activities that would reflect 

negatively on their image as 

professional scientists, on other 

observers, or on the Observer Program 

as a whole. This includes, but is not 

limited to: 

(1) Violating the drug and alcohol 

policy established by and available from 

the Observer Program; 

(2) Engaging in the use, possession, or 

distribution of illegal drugs; or 

(3) Engaging in physical sexual 

contact with personnel of the vessel or 

processing facility to which the observer 

is assigned, or with any vessel or 

processing plant personnel who may be 

substantially affected by the 

performance or non-performance of the 

observer’s official duties. 

§ 660.17 Catch monitors and catch 

monitor service providers. [Reserved] 

§ 660.18 Certification and decertification 

procedures for observers, catch monitors, 

catch monitor providers, and observer 

providers. 

(a) Observer certification official. The 

Regional Administrator (or a designee) 

will designate a NMFS observer 

certification official who will make 

decisions for the Observer Program 

Office on whether to issue or deny 

observer certification pursuant to the 

regulations at § 660.16 (e), subpart C. 

(b) Observer suspension and 

decertification. 

(1) Suspension and decertification 

review official. The Regional 

Administrator (or a designee) will 

designate a suspension and 

decertification review official(s), who 

will have the authority to review 

certifications and issue initial 

administrative determinations of 

certification suspension and/or 

decertification. 

(2) Causes for suspension or 

decertification. The suspension/ 

decertification official may initiate 

suspension or decertification 

proceedings against an observer: 

(i) When it is alleged that the observer 

has committed any acts or omissions of 

any of the following: 

(A) Failed to satisfactorily perform the 

duties of observers as specified in 

writing by the NMFS Observer Program; 

or 

(B) Failed to abide by the standards of 

conduct for observers as prescribed 

under § 660.16(e)(4), subpart C. 

(ii) Upon conviction of a crime or 

upon entry of a civil judgment for: 

(A) Commission of fraud or other 

violation in connection with obtaining 

or attempting to obtain certification, or 

in performing the duties as specified in 

writing by the NMFS Observer Program; 

(B) Commission of embezzlement, 

theft, forgery, bribery, falsification or 

destruction of records, making false 

statements, or receiving stolen property; 

(C) Commission of any other offense 

indicating a lack of integrity or honesty 

that seriously and directly affects the 

fitness of observers. 

(D) Conflict of interest as specified at 

§ 660.18 (d) of this section. 

(3) Issuance of initial administrative 

determination. Upon determination that 

suspension or decertification is 

warranted under § 660.18(b) of this 

section the suspension/decertification 

official will issue a written IAD to the 

observer and send it via certified mail 

to the observer’s most current address of 

record as provided to NMFS. The IAD 

will identify whether a certification is 

suspended or revoked and will identify 

the specific reasons for the action taken. 

If the IAD issues a suspension of a 

certification, the terms of the 

suspension will be specified. 

Suspension or decertification is 

effective immediately as of the date of 

issuance, unless the suspension/ 

decertification official notes a 

compelling reason for maintaining 

certification for a specified period and 

under specified conditions. 

(4) Appeals. A certified observer who 

receives an IAD that suspends or 

revokes certification may appeal 

pursuant to paragraph (c) of this section. 

(c) Appeals process—(1) Decisions. 

Decisions on appeals of initial 

administrative decisions denying 

certification to, or suspending, or 

decertifying, will be made by the 

Regional Administrator (or designated 

official). Appeals decisions shall be in 

writing and shall state the reasons 

therefore. 

(2) Filing an appeal of the 

determination. An appeal must be filed 

with the Regional Administrator within 

30 days of the initial administrative 

determination denying, suspending, or 

revoking the certification. 

(3) Content of an appeal. The appeal 

must be in writing, and must allege facts 

or circumstances to show why the 

certification should be granted, or 

should not be suspended or revoked, 

under the criteria in this section. 

(4) Decision on an appeal. Absent 

good cause for further delay, the 

Regional Administrator (or designated 

official) will issue a written decision on 

the appeal within 45 days of receipt of 

the appeal. The Regional 

Administrator’s decision is the final 

administrative decision of the 

Department as of the date of the 

decision. 

(d) Limitations on conflict of 

interest—(1) Limitations on conflict of 

interest for observers: (i) Must not have 

a direct financial interest, other than the 

provision of observer or catch monitor 

services, in a North Pacific fishery 

managed pursuant to an FMP for the 

waters off the coast of Alaska, Alaska 

state waters, or in a Pacific Coast fishery 

managed by either the state or Federal 

governments in waters off Washington, 

Oregon, or California, including but not 

limited to: 

(A) Any ownership, mortgage holder, 

or other secured interest in a vessel, 

shore-based or floating stationary 

processor facility involved in the 

catching, taking, harvesting or 

processing of fish, 

(B) Any business involved with 

selling supplies or services to any 

vessel, shore-based or floating stationary 

processing facility; or 

(C) Any business involved with 

purchasing raw or processed products 

from any vessel, shore-based or floating 

stationary processing facilities. 

(ii) Must not solicit or accept, directly 

or indirectly, any gratuity, gift, favor, 

entertainment, loan, or anything of 

monetary value from anyone who either 

conducts activities that are regulated by 

NMFS or has interests that may be 

substantially affected by the 

performance or nonperformance of the 

observers’ official duties. 

(iii) May not serve as observer on any 

vessel or at any shoreside or floating 

stationary processing facility owned or 

operated where a person was previously 

employed. 

(iv) May not solicit or accept 

employment as a crew member or an 

employee of a vessel, shoreside 

processor, or stationary floating 

processor while employed by an 

observer or catch monitor provider. 

(2) Provisions for remuneration of 

observers or catch monitors under this 

section do not constitute a conflict of 

interest. 

(3) Limitations on conflict of interest 

for catch monitors. [Reserved] 


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(4) Limitations on conflict of interest 

for catch monitors providers. [Reserved] 

§ 660.20 Vessel and gear identification. 

(a) Vessel identification—(1) Display. 

The operator of a vessel that is over 25 

ft (7.6 m) in length and is engaged in 

commercial fishing for groundfish must 

display the vessel’s official number on 

the port and starboard sides of the 

deckhouse or hull, and on a weather 

deck so as to be visible from above. The 

number must contrast with the 

background and be in block Arabic 

numerals at least 18 inches (45.7 cm) 

high for vessels over 65 ft (19.8 m) long 

and at least 10 inches (25.4 cm) high for 

vessels between 25 and 65 ft (7.6 and 

19.8 m) in length. The length of a vessel 

for purposes of this section is the length 

set forth in USCG records or in state 

records, if no USCG record exists. 

(2) Maintenance of numbers. The 

operator of a vessel engaged in 

commercial fishing for groundfish must 

keep the identifying markings required 

by paragraph (a)(1) of this section 

clearly legible and in good repair, and 

must ensure that no part of the vessel, 

its rigging, or its fishing gear obstructs 

the view of the official number from an 

enforcement vessel or aircraft. 

(3) Commercial passenger vessels. 

This section does not apply to vessels 

carrying fishing parties on a per-capita 

basis or by charter. 

(b) Gear identification. Gear 

identification requirements specific to 

fisheries using fixed gear (limited entry 

and open access) are described at 

§ 660.219, subpart E and § 660.319, 

subpart F. 

§ 660.24 Limited entry and open access 

fisheries. 

(a) General. All commercial fishing 

for groundfish must be conducted in 

accordance with the regulations 

governing limited entry and open access 

fisheries, except such fishing by treaty 

Indian tribes as may be separately 

provided for. 

(b) [Reserved]. 

§ 660.25 Permits. 

(a) General. Each of the permits or 

licenses in this section has different 

conditions or privileges as part of the 

permit or license. The permits or 

licenses in this section confer a 

conditional privilege of participating in 

the Pacific coast groundfish fishery, in 

accordance with Federal regulations in 

50 CFR part 660, subparts C through G. 

(b) Limited entry permit—(1) 

Eligibility and registration—(i) General. 

In order for a vessel to be used to fish 

in the limited entry fishery, the vessel 

owner must hold a limited entry permit 

and, through SFD, must register that 

vessel for use with a limited entry 

permit. When participating in the 

limited entry fishery, a vessel is 

authorized to fish with the gear type 

endorsed on the limited entry permit 

registered for use with that vessel, 

except that the MS permit does not have 

a gear endorsement. There are three 

types of gear endorsements: trawl, 

longline, and pot (or trap). All limited 

entry permits, except the MS permit, 

have size endorsements; a vessel 

registered for use with a limited entry 

permit must comply with the vessel size 

requirements of this subpart. A sablefish 

endorsement is also required for a vessel 

to be used to fish in the primary season 

for the limited entry fixed gear sablefish 

fishery, north of 36° N. lat. Certain 

limited entry permits will also have 

endorsements required for participation 

in a specific fishery, such as the MS/CV 

endorsement and the C/P endorsement. 

(A) Until the trawl rationalization 

program is implemented, a catcher 

vessel participating in either the Pacific 

whiting shore-based or mothership 

sector must, in addition to being 

registered for use with a limited entry 

permit, be registered for use with a 

sector-appropriate Pacific whiting vessel 

license under § 660.26, subpart C. A 

vessel participating in the Pacific 

whiting catcher/processor sector must, 

in addition to being registered for use 

with a limited entry permit, be 

registered for use with a sectorappropriate Pacific whiting vessel 

license under § 660.26, subpart C. 

Although a mothership vessel 

participating in the Pacific whiting 

mothership sector is not required to be 

registered for use with a limited entry 

permit, such vessel must be registered 

for use with a sector-appropriate Pacific 

whiting vessel license under § 660.26, 

subpart C. 

(B) [Reserved] 

(ii) Eligibility. Only a person eligible 

to own a documented vessel under the 

terms of 46 U.S.C. 12113(a) may be 

issued or may hold a limited entry 

permit. 

(iii) Registration. Limited entry 

permits will normally be registered for 

use with a particular vessel at the time 

the permit is issued, renewed, 

transferred, or replaced. If the permit 

will be used with a vessel other than the 

one registered on the permit, the permit 

owner must register that permit for use 

with the new vessel through the SFD. 

The reissued permit must be placed on 

board the new vessel in order for the 

vessel to be used to fish in the limited 

entry fishery. 

(A) For all limited entry permits, 

including MS permits, MS/CV endorsed 

permits and C/P endorsed permits when 

they are not fishing in the at-sea whiting 

fisheries, registration of a limited entry 

permit to be used with a new vessel will 

take effect no earlier than the first day 

of the next major limited entry 

cumulative limit period following the 

date SFD receives the transfer form and 

the original permit. 

(B) For MS permits, MS/CV endorsed 

permits and C/P endorsed permits when 

they are fishing in the at-sea whiting 

fisheries, registration of a limited entry 

permit to be used with a new vessel will 

take effect on the date NMFS approves 

and issuance of the transferred permit. 

(iv) Limited entry permits indivisible. 

Limited entry permits may not be 

divided for use by more than one vessel. 

(v) Initial administrative 

determination. SFD will make an IAD 

regarding permit endorsements, 

renewal, replacement, and change in 

vessel registration. SFD will notify the 

permit owner in writing with an 

explanation of any determination to 

deny a permit endorsement, renewal, 

replacement, or change in vessel 

registration. The SFD will decline to act 

on an application for permit 

endorsement, renewal, transfer, 

replacement, or registration of a limited 

entry permit if the permit is subject to 

sanction provisions of the MagnusonStevens Act at 16 U.S.C. 1858(a) and 

implementing regulations at 15 CFR part 

904, subpart D, apply. 

(2) Mothership (MS) permit. The MS 

permit conveys a conditional privilege 

for the vessel registered to it, to 

participate in the MS fishery by 

receiving and processing deliveries of 

groundfish in the Pacific whiting 

mothership sector. A MS permit is a 

type of limited entry permit. A MS 

permit does not have any endorsements 

affixed to the permit, as listed in 

paragraph (b)(3) of this section. The 

provisions for the MS permit, including 

eligibility, renewal, change of permit 

ownership, vessel registration, fees, and 

appeals are described at § 660.150, 

subpart D. 

(3) Endorsements—(i) ‘‘A’’ 

endorsement. A limited entry permit 

with an ‘‘A’’ endorsement entitles the 

vessel registered to the permit to fish in 

the limited entry fishery for all 

groundfish species with the type(s) of 

limited entry gear specified in the 

endorsement, except for sablefish 

harvested north of 36° N. lat. during 

times and with gears for which a 

sablefish endorsement is required. See 

paragraph (b)(3)(iv) of this section for 

provisions on sablefish endorsement 

requirements. An ‘‘A’’ endorsement is 

transferable with the limited entry 

permit to another person, or to a 


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different vessel under the same 

ownership under paragraph (b)(4) of this 

section. An ‘‘A’’ endorsement expires on 

failure to renew the limited entry permit 

to which it is affixed. A MS permit is 

not considered a limited entry ‘‘A’’ 

endorsed permit. 

(ii) Gear endorsement. There are three 

types of gear endorsements: trawl, 

longline and pot (trap). When limited 

entry ‘‘A’’ endorsed permits were first 

issued, some vessel owners qualified for 

more than one type of gear endorsement 

based on the landings history of their 

vessels. Each limited entry ‘‘A’’ endorsed 

permit has one or more gear 

endorsement(s). Gear endorsement(s) 

assigned to the permit at the time of 

issuance will be permanent and shall 

not be modified. While participating in 

the limited entry fishery, the vessel 

registered to the limited entry ‘‘A’’ 

endorsed permit is authorized to fish 

the gear(s) endorsed on the permit. 

While participating in the limited entry, 

fixed gear primary fishery for sablefish 

described at § 660.231, subpart E, a 

vessel registered to more than one 

limited entry permit is authorized to 

fish with any gear, except trawl gear, 

endorsed on at least one of the permits 

registered for use with that vessel. 

During the limited entry fishery, permit 

holders may also fish with open access 

gear, except that vessels fishing against 

primary sablefish season cumulative 

limits described at § 660.231, subpart E, 

may not fish with open access gear 

against those limits. An MS permit does 

not have a gear endorsement. 

(iii) Vessel size endorsements—(A) 

General. Each limited entry ‘‘A’’ 

endorsed permit will be endorsed with 

the LOA for the size of the vessel that 

initially qualified for the permit, except 

when permits are combined into one 

permit to be registered for use with a 

vessel requiring a larger size 

endorsement, the new permit will be 

endorsed for the size that results from 

the combination of the permits. 

(B) Limitations of size endorsements. 

(1) A limited entry permit may be 

registered for use with a vessel up to 5 

ft (1.52 m) longer than, the same length 

as, or any length shorter than, the size 

endorsed on the existing permit without 

requiring a combination of permits or a 

change in the size endorsement. 

(2) The vessel harvest capacity rating 

for each of the permits being combined 

is that indicated in Table 3 of subpart 

C for the LOA (in feet) endorsed on the 

respective limited entry permit. Harvest 

capacity ratings for fractions of a foot in 

vessel length will be determined by 

multiplying the fraction of a foot in 

vessel length by the difference in the 

two ratings assigned to the nearest 

integers of vessel length. The length 

rating for the combined permit is that 

indicated for the sum of the vessel 

harvest capacity ratings for each permit 

being combined. If that sum falls 

between the sums for two adjacent 

lengths on Table 3 of subpart C, the 

length rating shall be the higher length. 

(C) Size endorsement requirements for 

sablefish-endorsed permits. 

Notwithstanding paragraphs 

(b)(3)(iii)(A) and (B) of this section, 

when multiple permits are ‘‘stacked’’ on 

a vessel, as described in paragraph 

(b)(4)(iii), at least one of the permits 

must meet the size requirements of 

those sections. The permit that meets 

the size requirements of those sections 

is considered the vessel’s ‘‘base’’ permit, 

as defined in § 660.11, Subpart C. If 

more than one permit registered for use 

with the vessel has an appropriate 

length endorsement for that vessel, 

NMFS SFD will designate a base permit 

by selecting the permit that has been 

registered to the vessel for the longest 

time. If the permit owner objects to 

NMFS’ selection of the base permit, the 

permit owner may send a letter to 

NMFS SFD requesting the change and 

the reasons for the request. If the permit 

requested to be changed to the base 

permit is appropriate for the length of 

the vessel, NMFS SFD will reissue the 

permit with the new base permit. Any 

additional permits that are stacked for 

use with a vessel participating in the 

limited entry fixed gear primary 

sablefish fishery may be registered for 

use with a vessel even if the vessel is 

more than 5 ft (1.5 m) longer or shorter 

than the size endorsed on the permit. 

(iv) Sablefish endorsement and tier 

assignment—(A) General. Participation 

in the limited entry fixed gear sablefish 

fishery during the primary season north 

of 36° N. lat., described in § 660.231, 

Subpart E, requires that an owner of a 

vessel hold (by ownership or lease) a 

limited entry permit, registered for use 

with that vessel, with a longline or trap 

(or pot) endorsement and a sablefish 

endorsement. Up to three permits with 

sablefish endorsements may be 

registered for use with a single vessel. 

Limited entry permits with sablefish 

endorsements are assigned to one of 

three different cumulative trip limit 

tiers, based on the qualifying catch 

history of the permit. 

(1) A sablefish endorsement with a 

tier assignment will be affixed to the 

permit and will remain valid when the 

permit is transferred. 

(2) A sablefish endorsement and its 

associated tier assignment are not 

separable from the limited entry permit, 

and therefore may not be transferred 

separately from the limited entry 

permit. 

(B) Issuance process for sablefish 

endorsements and tier assignments. No 

new applications for sablefish 

endorsements will be accepted after 

November 30, 1998. All tier assignments 

and subsequent appeals processes were 

completed by September 1998. 

(C) Ownership requirements and 

limitations. (1) No partnership or 

corporation may own a limited entry 

permit with a sablefish endorsement 

unless that partnership or corporation 

owned a limited entry permit with a 

sablefish endorsement on November 1, 

2000. Otherwise, only individual 

human persons may own limited entry 

permits with sablefish endorsements. 

(2) No individual person, partnership, 

or corporation in combination may have 

ownership interest in or hold more than 

3 permits with sablefish endorsements 

either simultaneously or cumulatively 

over the primary season, except for an 

individual person, or partnerships or 

corporations that had ownership 

interest in more than 3 permits with 

sablefish endorsements as of November 

1, 2000. The exemption from the 

maximum ownership level of 3 permits 

only applies to ownership of the 

particular permits that were owned on 

November 1, 2000. An individual 

person, or partnerships or corporations 

that had ownership interest in 3 or more 

permits with sablefish endorsements as 

of November 1, 2000, may not acquire 

additional permits beyond those 

particular permits owned on November 

1, 2000. If, at some future time, an 

individual person, partnership, or 

corporation that owned more than 3 

permits as of November 1, 2000, sells or 

otherwise permanently transfers (not 

holding through a lease arrangement) 

some of its originally owned permits, 

such that they then own fewer than 3 

permits, they may then acquire 

additional permits, but may not have 

ownership interest in or hold more than 

3 permits. 

(3) A partnership or corporation will 

lose the exemptions provided in 

paragraphs (b)(3)(iv)(C)(1) and (2) of this 

section on the effective date of any 

change in the corporation or partnership 

from that which existed on November 1, 

2000. A ‘‘change’’ in the partnership or 

corporation is defined at § 660.11, 

subpart C. A change in the partnership 

or corporation must be reported to SFD 

within 15 calendar days of the addition 

of a new shareholder or partner. 

(4) Any partnership or corporation 

with any ownership interest in or that 

holds a limited entry permit with a 

sablefish endorsement shall document 

the extent of that ownership interest or 


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the individuals that hold the permit 

with the SFD via the Identification of 

Ownership Interest Form sent to the 

permit owner through the annual permit 

renewal process and whenever a change 

in permit owner, permit holder, and/or 

vessel registration occurs as described at 

paragraph (b)(4)(iv) and (v) of this 

section. SFD will not renew a sablefishendorsed limited entry permit through 

the annual renewal process described at 

paragraph (b)(4)(i) of this section, or 

approve a change in permit owner, 

permit holder, and/or vessel registration 

unless the Identification of Ownership 

Interest Form has been completed. 

Further, if SFD discovers through 

review of the Identification of 

Ownership Interest Form that an 

individual person, partnership, or 

corporation owns or holds more than 3 

permits and is not authorized to do so 

under paragraph (b)(3)(iv)(C)(2) of this 

section, the individual person, 

partnership or corporation will be 

notified and the permits owned or held 

by that individual person, partnership, 

or corporation will be void and reissued 

with the vessel status as ‘‘unidentified’’ 

until the permit owner owns and/or 

holds a quantity of permits appropriate 

to the restrictions and requirements 

described in paragraph (b)(3)(iv)(C)(2) of 

this section. If SFD discovers through 

review of the Identification of 

Ownership Interest Form that a 

partnership or corporation has had a 

change in membership since November 

1, 2000, as described in paragraph 

(b)(3)(iv)(C)(3) of this section, the 

partnership or corporation will be 

notified, SFD will void any existing 

permits, and reissue any permits owned 

and/or held by that partnership or 

corporation in ‘‘unidentified’’ status 

with respect to vessel registration until 

the partnership or corporation is able to 

transfer those permits to persons 

authorized under this section to own 

sablefish-endorsed limited entry 

permits. 

(5) A person, partnership, or 

corporation that is exempt from the 

owner-on-board requirement may sell 

all of their permits, buy another 

sablefish-endorsed permit within up to 

a year from the date the last permit was 

approved for transfer, and retain their 

exemption from the owner-on-board 

requirements. An individual person, 

partnership or corporation could only 

obtain a permit if it has not added or 

changed individuals since November 1, 

2000, excluding individuals that have 

left the partnership or corporation or 

that have died. 

(D) Sablefish at-sea processing 

prohibition and exemption. Vessels are 

prohibited from processing sablefish at 

sea that were caught in the primary 

sablefish fishery without sablefish at-sea 

processing exemptions. The sablefish atsea processing exemption has been 

issued to a particular vessel and that 

permit and vessel owner who requested 

the exemption. The exemption is not 

part of the limited entry permit. The 

exemption is not transferable to any 

other vessel, vessel owner, or permit 

owner for any reason. The sablefish atsea processing exemption will expire 

upon transfer of the vessel to a new 

owner or if the vessel is totally lost, as 

defined at § 660.11, subpart C. 

(v) MS/CV endorsement. A MS/CV 

endorsement on a trawl limited entry 

permit conveys a conditional privilege 

that allows a vessel registered to it to 

fish in either the coop or non-coop 

fishery in the Mothership Coop Program 

described at § 660.150, subpart D. The 

provisions for the MS/CV endorsed 

limited entry permit, including 

eligibility, renewal, change of permit 

ownership, vessel registration, 

combinations, accumulation limits, fees, 

and appeals are described at § 660.150, 

subpart D. 

(vi) C/P endorsement. A C/P 

endorsement on a trawl limited entry 

permit conveys a conditional privilege 

that allows a vessel registered to it to 

fish in the C/P Coop Program described 

at § 660.160, subpart D. The provisions 

for the C/P endorsed limited entry 

permit, including eligibility, renewal, 

change of permit ownership, vessel 

registration, combinations, fees, and 

appeals are described at § 660.160, 

subpart D. 

(vii) Endorsement and exemption 

restrictions. ‘‘A’’ endorsements, gear 

endorsements, sablefish endorsements 

and sablefish tier assignments, MS/CV 

endorsements, and C/P endorsements 

may not be transferred separately from 

the limited entry permit. Sablefish atsea processing exemptions are 

associated with the vessel and not with 

the limited entry permit and may not be 

transferred at all. 

(4) Limited entry permit actionsrenewal, combination, stacking, change 

of permit ownership or permit 

holdership, and transfer—(i) Renewal of 

limited entry permits and gear 

endorsements. (A) Limited entry 

permits expire at the end of each 

calendar year, and must be renewed 

between October 1 and November 30 of 

each year in order to remain in force the 

following year. 

(B) Notification to renew limited entry 

permits will be issued by SFD prior to 

September 1 each year to the permit 

owner’s most recent address in the SFD 

record. The permit owner shall provide 

SFD with notice of any address change 

within 15 days of the change. 

(C) Limited entry permit renewal 

requests received in SFD between 

November 30 and December 31 will be 

effective on the date that the renewal is 

approved. A limited entry permit that is 

allowed to expire will not be renewed 

unless the permit owner requests 

reissuance by March 31 of the following 

year and the SFD determines that failure 

to renew was proximately caused by 

illness, injury, or death of the permit 

owner. 

(D) Limited entry permits with 

sablefish endorsements, as described at 

paragraph (b)(3)(iv) of this section, will 

not be renewed until SFD has received 

complete documentation of permit 

ownership as required under paragraph 

(b)(3)(iv)(C)(4) of this section. 

(E) Limited entry permits with an MS/ 

CV endorsement or a MS permit, will 

not be renewed until SFD has received 

complete documentation of permit 

ownership as required under 

§ 660.150(g) and § 660.150(f) of subpart 

D, respectively. 

(ii) Combining Limited Entry ‘‘A’’ 

Permits. Two or more limited entry 

permits with ‘‘A’’ gear endorsements for 

the same type of limited entry gear may 

be combined and reissued as a single 

permit with a larger size endorsement as 

described in paragraph (b)(3)(iii) of this 

section. 

(A) Sablefish-endorsed Permit. With 

respect to limited entry permits 

endorsed for longline and pot (trap) 

gear, a sablefish endorsement will be 

issued for the new permit only if all of 

the permits being combined have 

sablefish endorsements. If two or more 

permits with sablefish endorsements are 

combined, the new permit will receive 

the same tier assignment as the tier with 

the largest cumulative landings limit of 

the permits being combined. 

(B) MS/CV Endorsed Permit. When a 

MS/CV endorsed permit is combined 

with another non-C/P endorsed permit 

(including unendorsed permits), the 

resulting permit will be MS/CV 

endorsed. If a MS/CV endorsed permit 

is combined with a C/P endorsed 

permit, the MS/CV endorsement and 

catch history assignment will not be 

reissued on the combined permit. 

(C) C/P Endorsed Permit. A C/P 

endorsed permit that is combined with 

a limited entry trawl permit that is not 

C/P endorsed will result in a single C/ 

P endorsed permit with a larger size 

endorsement. A MS/CV endorsement on 

one of the permits being combined will 

not be reissued on the resulting permit. 

(iii) Stacking limited entry permits. 

‘‘Stacking’’ limited entry permits, as 

defined at § 660.11, subpart C, refers to 


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the practice of registering more than one 

sablefish endorsed permit for use with 

a single vessel. Only limited entry 

permits with sablefish endorsements 

may be stacked. Up to 3 limited entry 

permits with sablefish endorsements 

may be registered for use with a single 

vessel during the primary sablefish 

season described at § 660.231, subpart E. 

Privileges, responsibilities, and 

restrictions associated with stacking 

permits to fish in the primary sablefish 

fishery are described at § 660.231, 

subpart E and at paragraph (b)(3)(iv) of 

this section. 

(iv) Changes in permit ownership and 

permit holder. (A) General. The permit 

owner may convey the limited entry 

permit to a different person. The new 

permit owner will not be authorized to 

use the permit until the change in 

permit ownership has been registered 

with and approved by the SFD. The SFD 

will not approve a change in permit 

ownership for a limited entry permit 

with a sablefish endorsement that does 

not meet the ownership requirements 

for such permit described at paragraph 

(b)(3)(iv)(C) of this section. The SFD 

will not approve a change in permit 

ownership for a limited entry permit 

with a MS/CV endorsement that does 

not meet the ownership requirements 

for such permit described at 

§ 660.150(g)(3), subpart D. Change in 

permit owner and/or permit holder 

applications must be submitted to SFD 

with the appropriate documentation 

described at paragraph (b)(4)(vii) of this 

section. 

(B) Effective date. The change in 

ownership of the permit or change in 

the permit holder will be effective on 

the day the change is approved by SFD, 

unless there is a concurrent change in 

the vessel registered to the permit. 

Requirements for changing the vessel 

registered to the permit are described at 

paragraph (e) of this section. 

(C) Sablefish-endorsed permits. If a 

permit owner submits an application to 

transfer a sablefish-endorsed limited 

entry permit to a new permit owner or 

holder (transferee) during the primary 

sablefish season described at § 660.231, 

subpart E (generally April 1 through 

October 31), the initial permit owner 

(transferor) must certify on the 

application form the cumulative 

quantity, in round weight, of primary 

season sablefish landed against that 

permit as of the application signature 

date for the then current primary 

season. The transferee must sign the 

application form acknowledging the 

amount of landings to date given by the 

transferor. This certified amount should 

match the total amount of primary 

season sablefish landings reported on 

state landing receipts. As required at 

§ 660.12(b), subpart C, any person 

landing sablefish must retain on board 

the vessel from which sablefish is 

landed, and provide to an authorized 

officer upon request, copies of any and 

all reports of sablefish landings from the 

primary season containing all data, and 

in the exact manner, required by the 

applicable state law throughout the 

primary sablefish season during which 

a landing occurred and for 15 days 

thereafter. 

(v) Changes in vessel registration— 

transfer of limited entry permits and 

gear endorsements—(A) General. A 

permit may not be used with any vessel 

other than the vessel registered to that 

permit. For purposes of this section, a 

permit transfer occurs when, through 

SFD, a permit owner registers a limited 

entry permit for use with a new vessel. 

Permit transfer applications must be 

submitted to SFD with the appropriate 

documentation described at paragraph 

(b)(4)(vii) of this section. Upon receipt 

of a complete application, and following 

review and approval of the application, 

the SFD will reissue the permit 

registered to the new vessel. 

Applications to transfer limited entry 

permits with sablefish endorsements 

will not be approved until SFD has 

received complete documentation of 

permit ownership as described at 

paragraph (b)(3)(iv)(C)(4) and as 

required under paragraph (b)(4)(vii) of 

this section. 

(B) Application. A complete 

application must be submitted to SFD in 

order for SFD to review and approve a 

change in vessel registration. At a 

minimum, a permit owner seeking to 

transfer a limited entry permit shall 

submit to SFD a signed application form 

and his/her current limited entry permit 

before the first day of the cumulative 

limit period in which they wish to fish. 

If a permit owner provides a signed 

application and current limited entry 

permit after the first day of a cumulative 

limit period, the permit will not be 

effective until the succeeding 

cumulative limit period. SFD will not 

approve a change in vessel registration 

(transfer) until it receives a complete 

application, the existing permit, a 

current copy of the USCG 1270, and 

other required documentation. 

(C) Effective date. Changes in vessel 

registration on permits will take effect 

no sooner than the first day of the next 

major limited entry cumulative limit 

period following the date that SFD 

receives the signed permit transfer form 

and the original limited entry permit. 

No transfer is effective until the limited 

entry permit has been reissued as 

registered with the new vessel. 

(D) Sablefish-endorsed permits. If a 

permit owner submits an application to 

register a sablefish-endorsed limited 

entry permit to a new vessel during the 

primary sablefish season described at 

§ 660.231, subpart E (generally April 1 

through October 31), the initial permit 

owner (transferor) must certify on the 

application form the cumulative 

quantity, in round weight, of primary 

season sablefish landed against that 

permit as of the application signature 

date for the then current primary 

season. The new permit owner or holder 

(transferee) associated with the new 

vessel must sign the application form 

acknowledging the amount of landings 

to date given by the transferor. This 

certified amount should match the total 

amount of primary season sablefish 

landings reported on state landing 

receipts. As required at § 660.12(b), 

subpart C, any person landing sablefish 

must retain on board the vessel from 

which sablefish is landed, and provide 

to an authorized officer upon request, 

copies of any and all reports of sablefish 

landings from the primary season 

containing all data, and in the exact 

manner, required by the applicable state 

law throughout the primary sablefish 

season during which a landing occurred 

and for 15 days thereafter. 

(vi) Restriction on frequency of 

transfers—(A) General. A permit owner 

may designate the vessel registration for 

a permit as ‘‘unidentified,’’ meaning that 

no vessel has been identified as 

registered for use with that permit. No 

vessel is authorized to use a permit with 

the vessel registration designated as 

‘‘unidentified.’’ A vessel owner who 

removes a permit from his vessel and 

registers that permit as ‘‘unidentified’’ is 

not exempt from VMS requirements at 

§ 660.14, subpart C unless specifically 

authorized by that section. When a 

permit owner requests that the permit’s 

vessel registration be designated as 

‘‘unidentified,’’ the transaction is not 

considered a ‘‘transfer’’ for purposes of 

this section. Any subsequent request by 

a permit owner to change from the 

‘‘unidentified’’ status of the permit in 

order to register the permit with a 

specific vessel will be considered a 

change in vessel registration (transfer) 

and subject to the restriction on 

frequency and timing of changes in 

vessel registration (transfer). 

(B) Limited entry fixed gear and trawlendorsed permits (without MS/CV or C/ 

P endorsements). Limited entry fixed 

gear and trawl-endorsed permits 

(without MS/CV or C/P endorsements) 

permits may not be registered for use 

with a different vessel (transfer) more 

than once per calendar year, except in 

cases of death of a permit holder or if 


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the permitted vessel is totally lost as 

defined in § 660.11, subpart C. The 

exception for death of a permit holder 

applies for a permit held by a 

partnership or a corporation if the 

person or persons holding at least 50 

percent of the ownership interest in the 

entity dies. 

(C) Limited Entry MS permits and 

Limited Entry Permits with MS/CV or C/ 

P Endorsements. Limited entry MS 

permits and limited entry permits with 

MS/CV or C/P endorsements may be 

registered to another vessel up to two 

times during the fishing season as long 

as the second transfer is back to the 

original vessel. The original vessel is 

either the vessel registered to the permit 

as of January 1, or if no vessel is 

registered to the permit as of January 1, 

the original vessel is the first vessel to 

which the permit is registered after 

January 1. After the original vessel has 

been established, the first transfer 

would be to another vessel, but any 

second transfer must be back to the 

original vessel. 

(vii) Application and supplemental 

documentation. Permit holders may 

request a transfer (change in vessel 

registration) and/or change in permit 

ownership or permit holder by 

submitting a complete application form. 

In addition, a permit owner applying for 

renewal, replacement, transfer, or 

change of ownership or change of 

permit holder of a limited entry permit 

has the burden to submit evidence to 

prove that qualification requirements 

are met. The following evidentiary 

standards apply: 

(A) For a request to change a vessel 

registration and/or change in permit 

ownership or permit holder, the permit 

owner must provide SFD with a current 

copy of the USCG Form 1270 for vessels 

of 5 net tons or greater, or a current copy 

of a state registration form for vessels 

under 5 net tons. 

(B) For a request to change a vessel 

registration and/or change in permit 

ownership or permit holder for 

sablefish-endorsed permits with a tier 

assignment for which a corporation or 

partnership is listed as permit owner 

and/or holder, an Identification of 

Ownership Interest Form must be 

completed and included with the 

application form. 

(C) For a request to change permit 

ownership for an MS permit or for a 

request to change a vessel registration 

and/or change in permit ownership or 

permit holder for an MS/CV endorsed 

limited entry trawl permit, an 

Identification of Ownership Interest 

Form must be completed and included 

with the application form. 

(D) For a request to change the vessel 

registration to a permit, the permit 

owner must submit to SFD a current 

marine survey conducted by a certified 

marine surveyor in accordance with 

USCG regulations to authenticate the 

length overall of the vessel being newly 

registered with the permit. Marine 

surveys older than 3 years at the time 

of the request for change in vessel 

registration will not be considered 

‘‘current’’ marine surveys for purposes of 

this requirement. 

(E) For a request to change a permit’s 

ownership where the current permit 

owner is a corporation, partnership or 

other business entity, the applicant 

must provide to SFD a corporate 

resolution that authorizes the 

conveyance of the permit to a new 

owner and which authorizes the 

individual applicant to request the 

conveyance on behalf of the 

corporation, partnership, or other 

business entity. 

(F) For a request to change a permit’s 

ownership that is necessitated by the 

death of the permit owner(s), the 

individual(s) requesting conveyance of 

the permit to a new owner must provide 

SFD with a death certificate of the 

permit owner(s) and appropriate legal 

documentation that either: specifically 

transfers the permit to a designated 

individual(s); or, provides legal 

authority to the transferor to convey the 

permit ownership. 

(G) For a request to change a permit’s 

ownership that is necessitated by 

divorce, the individual requesting the 

change in permit ownership must 

submit an executed divorce decree that 

awards the permit to a designated 

individual(s). 

(H) Such other relevant, credible 

documentation as the applicant may 

submit, or the SFD or Regional 

Administrator may request or acquire, 

may also be considered. 

(viii) Application forms available. 

Application forms for the change in 

vessel registration (transfer) and change 

of permit ownership or permit holder of 

limited entry permits are available from 

the SFD (see part 600 for address of the 

Regional Administrator). Contents of the 

application, and required supporting 

documentation, are specified in the 

application form. 

(ix) Records maintenance. The SFD 

will maintain records of all limited 

entry permits that have been issued, 

renewed, transferred, registered, or 

replaced. 

(5) Small fleet. (i) Small limited entry 

fisheries fleets that are controlled by a 

local government, are in existence as of 

July 11, 1991, and have negligible 

impacts on the groundfish resource, 

may be certified as consistent with the 

goals and objectives of the limited entry 

program and incorporated into the 

limited entry fishery. Permits issued 

under this subsection will be issued in 

accordance with the standards and 

procedures set out in the PCGFMP and 

will carry the rights explained therein. 

(ii) A permit issued under this section 

may be registered only to another vessel 

that will continue to operate in the same 

certified small fleet, provided that the 

total number of vessels in the fleet does 

not increase. A vessel may not use a 

small fleet limited entry permit for 

participation in the limited entry fishery 

outside of authorized activities of the 

small fleet for which that permit and 

vessel have been designated. 

(c) Quota Share (QS) Permit. A QS 

permit conveys a conditional privilege 

to a person to own quota share for 

designated species and species groups 

and to fish in the Shorebased IFQ 

Program described in § 660.140, subpart 

D. A QS permit is not a limited entry 

permit. The provisions for the QS 

permit, including eligibility, renewal, 

change of permit ownership, 

accumulation limits, fees, and appeals 

are described at § 660.140, subpart D. 

(d) First receiver site license. The first 

receiver site license conveys a 

conditional privilege to a first receiver 

to receive, purchase, or take custody, 

control or possession of landings from 

the Shorebased IFQ Program. The first 

receiver site license is issued for a 

person and a unique physical site 

consistent with the terms and 

conditions required to account for and 

weigh the landed species. A first 

receiver site license is not a limited 

entry permit. The provisions for the 

First Receiver Site License, including 

eligibility, registration, change of 

ownership, fees, and appeals are 

described at § 660.140(f), subpart D. 

(e) Coop Permits. [Reserved] 

(1) MS coop permit. [Reserved] 

(2) C/P coop permit. [Reserved] 

(f) Permit fees. The Regional 

Administrator is authorized to charge 

fees to cover administrative expenses 

related to issuance of permits including 

initial issuance, renewal, transfer, vessel 

registration, replacement, and appeals. 

The appropriate fee must accompany 

each application. 

(g) Permit appeals process—(1) 

General. For permit actions, including 

issuance, renewal, change in vessel 

registration, change in permit owner or 

permit holder, and endorsement 

upgrade, the Assistant Regional 

Administrator for Sustainable Fisheries 

will make an initial administrative 

determination (IAD) on the action. In 

cases where the applicant disagrees 


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with the IAD, the applicant may appeal 

that decision. Final decisions on 

appeals of IADs regarding issuance, 

renewal, change in vessel registration, 

change in permit owner or permit 

holder, and endorsement upgrade, will 

be made in writing by the Regional 

Administrator acting on behalf of the 

Secretary of Commerce and will state 

the reasons therefore. This section 

describes the procedures for appealing 

the IAD on permit actions made in this 

title under subpart C through G of part 

660. Additional information regarding 

appeals of an IAD related to the trawl 

rationalization program is contained in 

the specific program sections under 

subpart D of part 660. 

(2) Who May Appeal? Only a person 

who received an IAD that disapproved 

any part of their application may file a 

written appeal. For purposes of this 

section, such person will be referred to 

as the ‘‘applicant.’’ 

(3) Submission of appeals. (i) The 

appeal must be in writing, must allege 

credible facts or circumstances to show 

why the criteria in this subpart have 

been met, and must include any 

relevant information or documentation 

to support the appeal. 

(ii) Appeals must be mailed or faxed 

to: National Marine Fisheries Service, 

Northwest Region, Sustainable Fisheries 

Division, ATTN: Appeals, 7600 Sand 

Point Way NE., Seattle, WA 98115; Fax: 

206–526–6426; or delivered to National 

Marine Fisheries Service at the same 

address. 

(4) Timing of appeals. (i) If an 

applicant appeals an IAD, the appeal 

must be postmarked, faxed, or hand 

delivered to NMFS no later than 30 

calendar days after the date on the IAD. 

If the applicant does not appeal the IAD 

within 30 calendar days, the IAD 

becomes the final decision of the 

Regional Administrator acting on behalf 

of the Secretary of Commerce. 

(ii) The time period to submit an 

appeal begins with the date on the IAD. 

If the last day of the time period is a 

Saturday, Sunday, or Federal holiday, 

the time period will extend to the close 

of business on the next business day. 

(5) Address of record. For purposes of 

the appeals process, NMFS will 

establish as the address of record, the 

address used by the applicant in initial 

correspondence to NMFS. Notifications 

of all actions affecting the applicant 

after establishing an address of record 

will be mailed to that address, unless 

the applicant provides NMFS, in 

writing, with any changes to that 

address. NMFS bears no responsibility if 

a notification is sent to the address of 

record and is not received because the 

applicant’s actual address has changed 

without notification to NMFS. 

(6) Decisions on appeals. (i) For the 

appeal of an IAD related to the 

application and initial issuance process 

for the trawl rationalization program 

listed in subpart D of part 660, the RA 

shall appoint an appeals officer. After 

determining there is sufficient 

information and that all procedural 

requirements have been met, the 

appeals officer will review the record 

and issue a recommendation on the 

appeal to the RA, which shall be 

advisory only. The recommendation 

must be based solely on the record. 

Upon receiving the findings and 

recommendation, the RA shall issue a 

final decision on the appeal in 

accordance with paragraph (g)(6)(ii) of 

this section. 

(ii) Final decision on appeal. The RA 

will issue a written decision on the 

appeal which is the final decision of the 

Secretary of Commerce. 

(7) Status of permits pending appeal. 

(i) For all permit actions, except those 

actions related to the application and 

initial issuance process for the trawl 

rationalization program listed in subpart 

D of part 660, the permit registration 

remains as it was prior to the request 

until the final decision has been made. 

(ii) For permit actions related to the 

application and initial issuance process 

for the trawl rationalization program 

listed in subpart D of part 660, the status 

of permits pending appeal is as follows: 

(A) For permit and endorsement 

qualifications and eligibility appeals 

(i.e., QS permit, MS permit, MS/CV 

endorsement, C/P endorsement), any 

permit or endorsement under appeal 

after December 31, 2010, may not be 

used to fish in the Pacific Coast 

groundfish fishery until a final decision 

on the appeal has been made. If the 

permit or endorsement will be issued, 

the permit or endorsement will be 

effective upon approval, except for QS 

permits, which will be effective at the 

start of the next fishing year. 

(B) For a QS amount for specific IFQ 

management unit species under appeal, 

the QS amount for the IFQ species 

under appeal will remain as the amount 

assigned to the associated QS permit in 

the IAD. The QS permit may be used to 

fish in the Pacific Coast groundfish 

fishery with the QS amounts assigned to 

the QS permit in the IAD. Once a final 

decision on the appeal has been made 

and if a revised QS amount for a specific 

IFQ species will be assigned to the QS 

permit, the additional QS amount 

associated with the QS permit will be 

effective at the start of the next calendar 

year following the final decision. 

(C) For a Pacific whiting catch history 

assignment associated with a MS/CV 

endorsement under appeal, the catch 

history assignment will remain as that 

previously assigned to the associated 

MS/CV endorsed limited entry permit in 

the IAD. The MS/CV endorsed limited 

entry permit may be used to fish in the 

Pacific Coast groundfish fishery with 

the catch history assigned to the MS/CV 

endorsed permit in the IAD. Once a 

final decision on the appeal has been 

made, and if a revised catch history 

assignment will be issued, the 

additional Pacific whiting catch history 

assignment associated with the MS/CV 

endorsement will be effective at the start 

of the next calendar year following the 

final decision. 

(h) Permit sanctions. (1) All permits 

and licenses issued or applied for under 

Subparts C through G are subject to 

sanctions pursuant to the Magnuson Act 

at 16 U.S.C. 1858(g) and 15 CFR part 

904, subpart D. 

(2) All shorebased IFQ fishery permits 

(QS permit, first receiver site license), 

QS accounts, vessel accounts, and Coop 

fishery permits (MS permit, MS/CV 

endorsed permit, C/P endorsed permit, 

coop permit) issued under subpart D: 

(i) Are considered permits for the 

purposes of 16 U.S.C. 1857, 1858, and 

1859; 

(ii) May be revoked, limited, or 

modified at any time in accordance with 

the Magnuson Act, including revocation 

if the system is found to have 

jeopardized the sustainability of the 

stocks or the safety of fishermen; 

(iii) Shall not confer any right of 

compensation to the holder of such 

permits, licenses, and accounts if it is 

revoked, limited, or modified; 

(iv) Shall not create, or be construed 

to create, any right, title, or interest in 

or to any fish before the fish is harvested 

by the holder; and 

(v) Shall be considered a grant of 

permission to the holder of the permit, 

license, or account to engage in 

activities permitted by such permit, 

license, or account. 

§ 660.26 Pacific whiting vessel licenses. 

(a) General. After May 11, 2009, 

participation in the Pacific whiting 

seasons described in § 660.131(b), 

subpart D requires: 

(1) An owner of any vessel that 

catches Pacific whiting must own a 

limited entry permit, registered for use 

with that vessel, with a trawl gear 

endorsement; and, a Pacific whiting 

vessel license registered for use with 

that vessel and appropriate to the sector 

or sectors in which the vessel intends to 

fish; 


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(2) An owner of any mothership 

vessel that processes Pacific whiting to 

hold a Pacific whiting vessel license 

registered for use with that vessel and 

appropriate to the sector or sectors in 

which the vessel intends to fish. 

(b) In combination with a Limited 

Entry Permit. Pacific whiting vessel 

licenses are separate from limited entry 

permits and do not license a vessel to 

harvest Pacific whiting in the primary 

Pacific whiting season unless that vessel 

is also registered for use with a limited 

entry permit with a trawl gear 

endorsement. 

(c) Pacific whiting vessel license 

qualifying criteria. (1) Qualifying catch 

and/or processing history. Vessel catch 

and/or processing history will be used 

to determine whether that vessel meets 

the qualifying criteria for a Pacific 

whiting vessel license and to determine 

the sectors for which that vessel may 

qualify. Vessel catch and/or processing 

history includes only the catch and/or 

processed product of that particular 

vessel, as identified in association with 

the vessel’s USCG number. Only Pacific 

whiting regulated 50 CFR part 660, 

subparts C and D that was taken with 

midwater (or pelagic) trawl gear will be 

considered for the Pacific whiting vessel 

license. Pacific whiting harvested or 

processed by a vessel that has since 

been totally lost, scrapped, or is rebuilt 

such that a new U.S.C.G. documentation 

number would be required will not be 

considered for this license. Pacific 

whiting harvested or processed illegally 

or landed illegally will not be 

considered for this license. Catch and/ 

or processing history associated with a 

vessel whose permit was purchased by 

the Federal Government through the 

Pacific Coast groundfish fishing 

capacity reduction program, as 

identified at 68 FR 62435 (November 4, 

2003), does not qualify a vessel for a 

Pacific whiting vessel license and no 

vessel owner may apply for or receive 

a Pacific whiting vessel license based on 

catch and/or processing history from 

one of those buyback vessels. The 

following sector-specific license 

qualification criteria apply: 

(i) For catcher/processor vessels, the 

qualifying criteria for a Pacific whiting 

vessel license is evidence of having 

caught and processed any amount of 

Pacific whiting during a primary 

catcher/processor season during the 

period January 1, 1997 through January 

1, 2007. 

(ii) For mothership at-sea processing 

vessels, the qualifying criteria for a 

Pacific whiting vessel license is 

documentation of having received and 

processed any amount of Pacific whiting 

during a primary mothership season 

during the period January 1, 1997 

through January 1, 2007. 

(iii) For catcher vessels delivering 

Pacific whiting to at-sea mothership 

processing vessels, the qualifying 

criteria for a Pacific whiting vessel 

license is documentation of having 

delivered any amount of Pacific whiting 

to a mothership processor during a 

primary mothership season during the 

period January 1, 1997, through January 

1, 2007. 

(iv) For catcher vessels delivering 

Pacific whiting to Pacific whiting 

shoreside first receivers, the qualifying 

criteria for a Pacific whiting vessel 

license is documentation of having 

made at least one landing of Pacific 

whiting taken with midwater trawl gear 

during a primary shore-based season 

during the period January 1, 1994, 

through January 1, 2007, and where the 

weight of Pacific whiting exceeded 50 

percent of the total weight of the 

landing. 

(2) Documentation and burden of 

proof. A vessel owner applying for a 

Pacific whiting vessel license has the 

burden to submit documentation that 

qualification requirements are met. An 

application that does not include 

documentation of meeting the 

qualification requirements during the 

qualifying years will be considered 

incomplete and will not be reviewed. 

The following standards apply: 

(i) A certified copy of the current 

vessel document (USCG or State) is the 

best documentation of vessel ownership 

and LOA. 

(ii) A certified copy of a State fish 

receiving ticket is the best 

documentation of a landing at a Pacific 

whiting shoreside first receiver, and of 

the type of gear used. 

(iii) For participants in the at-sea 

Pacific whiting fisheries, documentation 

of participation could include, but is not 

limited to: A final observer report 

documenting a particular catcher vessel, 

mothership, or catcher/processor’s 

participation in the Pacific whiting 

fishery in an applicable year and during 

the applicable primary season, a bill of 

lading for Pacific whiting from an 

applicable year and during the 

applicable primary season, a catcher 

vessel receipt from a particular 

mothership known to have fished in the 

Pacific whiting fishery during an 

applicable year, a signed copy of a Daily 

Receipt of Fish and Cumulative 

Production Logbook (mothership sector) 

or Daily Fishing and Cumulative 

Production Logbook (catcher/processor 

sector) from an applicable year during 

the applicable primary season. 

(iv) Such other relevant, credible 

documentation as the applicant may 

submit, or the SFD or the Regional 

Administrator request or acquire, may 

also be considered. 

(d) Issuance process for Pacific 

whiting vessel licenses. (1) SFD will 

mail, to the most recent address 

provided to the SFD, Permits Office, a 

Pacific whiting vessel license 

application to all current and prior 

owners of vessels that have been 

registered for use with limited entry 

permits with trawl endorsements, 

excluding owners of those vessels 

whose permits were purchased through 

the Pacific Coast groundfish fishing 

capacity reduction program. NMFS will 

also make license applications available 

online at: http://www.nwr.noaa.gov/ 

Groundfish-Halibut/GroundfishPermits/index.cfm. A vessel owner who 

believes that his/her vessel may qualify 

for the Pacific whiting vessel license 

will have until May 11, 2009, to submit 

an application with documentation 

showing how his/her vessel has met the 

qualifying criteria described in this 

section. NMFS will not accept 

applications for Pacific whiting vessel 

licenses received after May 11, 2009. 

(2) After receipt of a complete 

application, NMFS will notify 

applicants by letter of its determination 

whether their vessels qualify for Pacific 

whiting vessel licenses and the sector or 

sectors to which the licenses apply. 

Vessels that have met the qualification 

criteria will be issued the appropriate 

licenses at that time. After May 11, 

2009, NMFS will publish a list of 

vessels that qualified for Pacific whiting 

vessel licenses in the Federal Register. 

(3) If a vessel owner files an appeal 

from the determination under paragraph 

(d)(2) of this section, the appeal must be 

filed with the Regional Administrator 

within 30 calendar days of the issuance 

of the letter of determination. The 

appeal must be in writing and must 

allege facts or circumstances, and 

include credible documentation 

demonstrating why the vessel qualifies 

for a Pacific whiting vessel license. The 

appeal of a denial of an application for 

a Pacific whiting vessel license will not 

be referred to the Council for a 

recommendation, nor will any appeals 

be accepted by NMFS after June 15, 

2009. 

(4) Absent good cause for further 

delay, the Regional Administrator will 

issue a written decision on the appeal 

within 30 calendar days of receipt of the 

appeal. The Regional Administrator’s 

decision is the final administrative 

decision of the Department of 

Commerce as of the date of the decision. 

(e) Notification to NMFS of changes to 

Pacific whiting vessel license 

information. The owner of a vessel 


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registered for use with a Pacific whiting 

vessel license must provide a written 

request to NMFS to change the name or 

names of vessel owners provided on the 

vessel license, or to change the licensed 

vessel’s name. The request must detail 

the names of all new vessel owners as 

registered with U.S. Coast Guard, a 

business address for the vessel owner, 

business phone and fax number, tax 

identification number, date of birth, 

and/or date of incorporation for each 

individual and/or entity, and a copy of 

the vessel documentation (USCG 1270) 

to show proof of ownership. NMFS will 

reissue a new vessel license with the 

names of the new vessel owners and/or 

vessel name information. The Pacific 

Whiting vessel license is considered 

void if the name of the vessel or vessel 

owner is changed from that given on the 

license. In addition, the vessel owner 

must report to NMFS any change in 

address for the vessel owner within 15 

days of that change. Although the name 

of an individual vessel registered for use 

with a Pacific whiting vessel license 

may be changed, the license itself may 

not be registered to any vessel other 

than the vessel to which it was 

originally issued, as identified by that 

vessel’s United States Coast Guard 

documentation number. 

§ 660.30 Compensation with fish for 

collecting resource information—EFPs. 

In addition to the reasons stated in 

§ 600.745(b)(1) of this chapter, an EFP 

may be issued under this subpart C for 

the purpose of compensating the owner 

or operator of a vessel for collecting 

resource information according to a 

protocol approved by NMFS. NMFS 

may issue an EFP allowing a vessel to 

retain fish as compensation in excess of 

trip limits or to be exempt from other 

specified management measures for the 

Pacific coast groundfish fishery. 

(a) Compensation EFP for vessels 

under contract with NMFS to conduct a 

resource survey. NMFS may issue an 

EFP to the owner or operator of a vessel 

that conducted a resource survey 

according to a contract with NMFS. A 

vessel’s total compensation from all 

sources (in terms of dollars or amount 

of fish, including fish from survey 

samples or compensation fish) will be 

determined through normal Federal 

procurement procedures. The 

compensation EFP will specify the 

maximum amount or value of fish the 

vessel may take and retain after the 

resource survey is completed. 

(1) Competitive offers. NMFS may 

initiate a competitive solicitation 

(request for proposals or RFP) to select 

vessels to conduct resource surveys that 

use fish as full or partial compensation, 

following normal Federal procurement 

procedures. 

(2) Consultation and approval. At a 

Council meeting, NMFS will consult 

with the Council and receive public 

comment on upcoming resource surveys 

to be conducted if groundfish could be 

used as whole or partial compensation. 

Generally, compensation fish would be 

similar to surveyed species, but there 

may be reasons to provide payment with 

healthier, more abundant, less restricted 

stocks, or more easily targeted species. 

For example, NMFS may decline to pay 

a vessel with species that are, or are 

expected to be, overfished, or that are 

subject to overfishing, or that are 

unavoidably caught with species that 

are overfished or subject to overfishing. 

NMFS may also consider levels of 

discards, bycatch, and other factors. If 

the Council does not approve providing 

whole or partial compensation for the 

conduct of a survey, NMFS will not use 

fish, other than fish taken during the 

scientific research, as compensation for 

that survey. For each proposal, NMFS 

will present: 

(i) The maximum number of vessels 

expected or needed to conduct the 

survey, 

(ii) An estimate of the species and 

amount of fish likely to be needed as 

compensation, 

(iii) When the survey and 

compensation fish would be taken, and 

(iv) The year in which the 

compensation fish would be deducted 

from the ABC before determining the 

optimum yield (harvest guideline or 

quota). 

(3) Issuance of the compensation EFP. 

Upon successful completion of the 

survey, NMFS will issue a 

‘‘compensation EFP’’ to the vessel if it 

has not been fully compensated. The 

procedures in § 600.745(b)(1) through 

(b)(4) of this chapter do not apply to a 

compensation EFP issued under this 

subpart for the Pacific coast groundfish 

fishery (50 CFR part 660, subparts C 

through G). 

(4) Terms and conditions of the 

compensation EFP. Conditions for 

disposition of bycatch or any excess 

catch, for reporting the value of the 

amount landed, and other appropriate 

terms and conditions may be specified 

in the EFP. Compensation fishing must 

occur during the period specified in the 

EFP, but no later than the end of 

September of the fishing year following 

the survey, and must be conducted 

according to the terms and conditions of 

the EFP. 

(5) Reporting the compensation catch. 

The compensation EFP may require the 

vessel owner or operator to keep 

separate records of compensation 

fishing and to submit them to NMFS 

within a specified period of time after 

the compensation fishing is completed. 

(6) Accounting for the compensation 

catch. As part of the harvest 

specifications process, as described at 

§ 660.60, subpart C, NMFS will advise 

the Council of the amount of fish 

authorized to be retained under a 

compensation EFP, which then will be 

deducted from the next harvest 

specifications (ABCs) set by the Council. 

Fish authorized in an EFP too late in the 

year to be deducted from the following 

year’s ABCs will be accounted for in the 

next management cycle where it is 

practicable to do so. 

(b) Compensation for commercial 

vessels collecting resource information 

under a standard EFP. NMFS may issue 

an EFP to allow a commercial fishing 

vessel to take and retain fish in excess 

of current management limits for the 

purpose of collecting resource 

information (§ 600.745(b) of this 

chapter). The EFP may include a 

compensation clause that allows the 

participating vessel to be compensated 

with fish for its efforts to collect 

resource information according to 

NMFS’ approved protocol. If 

compensation with fish is requested in 

an EFP application, or proposed by 

NMFS, the following provisions apply 

in addition to those at § 600.745(b) of 

this chapter. 

(1) Application. In addition to the 

requirements in § 600.745(b) of this 

chapter, application for an EFP with a 

compensation clause must clearly state 

whether a vessel’s participation is 

contingent upon compensation with 

groundfish and, if so, the minimum 

amount (in metric tons, round weight) 

and the species. As with other EFPs 

issued under § 600.745 of this chapter, 

the application may be submitted by 

any individual, including a state fishery 

management agency or other research 

institution. 

(2) Denial. In addition to the reasons 

stated in § 600.745(b)(3)(iii) of this 

chapter, the application will be denied 

if the requested compensation fishery, 

species, or amount is unacceptable for 

reasons such as, but not limited to, the 

following: NMFS concludes the value of 

the resource information is not 

commensurate with the value of the 

compensation fish; the proposed 

compensation involves species that are 

(or are expected to be) overfished or 

subject to overfishing, fishing in times 

or areas where fishing is otherwise 

prohibited or severely restricted, or 

fishing for species that would involve 

unavoidable bycatch of species that are 

overfished or subject to overfishing; or 

NMFS concludes the information can 


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reasonably be obtained at a less cost to 

the resource. 

(3) Window period for other 

applications. If the Regional 

Administrator or designee agrees that 

compensation should be considered, 

and that more than a minor amount 

would be used as compensation, then a 

window period will be announced in 

the Federal Register during which 

additional participants will have an 

opportunity to apply. This notification 

would be made at the same time as 

announcement of receipt of the 

application and request for comments 

required under § 600.745(b). If there are 

more qualified applicants than needed 

for a particular time and area, NMFS 

will choose among the qualified vessels, 

either randomly, in order of receipt of 

the completed application, or by other 

impartial selection methods. If the 

permit applicant is a state, university, or 

Federal entity other than NMFS, and 

NMFS approves the selection method, 

the permit applicant may choose among 

the qualified vessels, either randomly, 

in order of receipt of the vessel 

application, or by other impartial 

selection methods. 

(4) Terms and conditions. The EFP 

will specify the amounts that may be 

taken as scientific samples and as 

compensation, the time period during 

which the compensation fishing must 

occur, management measures that 

NMFS will waive for a vessel fishing 

under the EFP, and other terms and 

conditions appropriate to the fishery 

and the collection of resource 

information. NMFS may require 

compensation fishing to occur on the 

same trip that the resource information 

is collected. 

(5) Accounting for the catch. Samples 

taken under this EFP, as well as any 

compensation fish, count toward the 

current year’s catch or landings. 

§ 660.40 Overfished species rebuilding 

plans. 

For each overfished groundfish stock 

with an approved rebuilding plan, this 

section contains the standards to be 

used to establish annual or biennial 

OYs, specifically the target date for 

rebuilding the stock to its MSY level 

and the harvest control rule to be used 

to rebuild the stock. The harvest control 

rule is expressed as a ‘‘Spawning 

Potential Ratio’’ or ‘‘SPR’’ harvest rate. 

(a) Bocaccio. The target year for 

rebuilding the southern bocaccio stock 

to BMSY is 2026. The harvest control rule 

to be used to rebuild the southern 

bocaccio stock is an annual SPR harvest 

rate of 77.7 percent. 

(b) Canary rockfish. The target year 

for rebuilding the canary rockfish stock 

to BMSY is 2021. The harvest control rule 

to be used to rebuild the canary rockfish 

stock is an annual SPR harvest rate of 

88.7 percent. 

(c) Cowcod. The target year for 

rebuilding the cowcod stock south of 

Point Conception to BMSY is 2072. The 

harvest control rule to be used to 

rebuild the cowcod stock is an annual 

SPR harvest rate of 82.1 percent. 

(d) Darkblotched rockfish. The target 

year for rebuilding the darkblotched 

rockfish stock to BMSY is 2028. The 

harvest control rule to be used to 

rebuild the darkblotched rockfish stock 

is an annual SPR harvest rate of 62.1 

percent. 

(e) Pacific Ocean Perch (POP). The 

target year for rebuilding the POP stock 

to BMSY is 2017. The harvest control rule 

to be used to rebuild the POP stock is 

an annual SPR harvest rate of 86.4 

percent. 

(f) Widow rockfish. The target year for 

rebuilding the widow rockfish stock to 

BMSY is 2015. The harvest control rule 

to be used to rebuild the widow rockfish 

stock is an annual SPR harvest rate of 

95.0 percent. 

(g) Yelloweye rockfish. The target year 

for rebuilding the yelloweye rockfish 

stock to BMSY is 2084. The harvest 

control rule to be used to rebuild the 

yelloweye rockfish stock is an annual 

SPR harvest rate of 66.3 percent in 2009 

and in 2010. Yelloweye rockfish is 

subject to a ramp-down strategy where 

the harvest level has been reduced 

annually from 2007 through 2009. 

Yelloweye rockfish will remain at the 

2009 level in 2010. Beginning in 2011, 

yelloweye rockfish will be subject to a 

constant harvest rate strategy with a 

constant SPR harvest rate of 71.9 

percent. 

§ 660.50 Pacific Coast treaty Indian 

fisheries. 

(a) Pacific Coast treaty Indian tribes 

have treaty rights. Pacific Coast treaty 

Indian tribes have treaty rights to 

harvest groundfish in their usual and 

accustomed fishing areas in U.S. waters. 

In 1994, the United States formally 

recognized that the four Washington 

coastal treaty Indian tribes (Makah, 

Quileute, Hoh, and Quinault) have 

treaty rights to fish for groundfish in the 

Pacific Ocean, and concluded that, in 

general terms, the quantification of 

those rights is 50 percent of the 

harvestable surplus of groundfish that 

pass through the tribes U&A fishing 

areas. 

(b) Pacific Coast treaty Indian tribes. 

For the purposes of this part, Pacific 

Coast treaty Indian tribes means the 

Hoh, Makah, and Quileute Indian Tribes 

and the Quinault Indian Nation. 

(c) Usual and accustomed fishing 

areas (U&A). The Pacific Coast treaty 

Indian tribes’ U&A fishing areas within 

the fishery management area (FMA) are 

set out below in paragraphs (c)(1) 

through (c)(4) of this section. 

Boundaries of a tribe’s fishing area may 

be revised as ordered by a Federal court. 

(1) Makah. That portion of the FMA 

north of 48°02.25′ N. lat. (Norwegian 

Memorial) and east of 125°44′ W. long. 

(2) Quileute. That portion of the FMA 

between 48°07.60′ N. lat. (Sand Point) 

and 47°31.70′ N. lat. (Queets River) and 

east of 125°44′ W. long. 

(3) Hoh. That portion of the FMA 

between 47°54.30′ N. lat. (Quillayute 

River) and 47°21′ N. lat. (Quinault 

River) and east of 125°44′ W. long. 

(4) Quinault. That portion of the FMA 

between 47°40.10′ N. lat. (Destruction 

Island) and 46°53.30′ N. lat. (Point 

Chehalis) and east of 125°44′ W. long. 

(d) Procedures. The rights referred to 

in paragraph (a) of this section will be 

implemented by the Secretary, after 

consideration of the tribal request, the 

recommendation of the Council, and the 

comments of the public. The rights will 

be implemented either through an 

allocation or set-aside of fish that will 

be managed by the tribes, or through 

regulations in this section that will 

apply specifically to the tribal fisheries. 

(1) Tribal allocations, set-asides, and 

regulations. An allocation, set-aside or a 

regulation specific to the tribes shall be 

initiated by a written request from a 

Pacific Coast treaty Indian tribe to the 

Regional Administrator, prior to the first 

Council meeting in which biennial 

harvest specifications and management 

measures are discussed for an upcoming 

biennial management period. The 

Secretary generally will announce the 

annual tribal allocations at the same 

time as the announcement of the harvest 

specifications. 

(2) Co-management. The Secretary 

recognizes the sovereign status and comanager role of Indian tribes over 

shared Federal and tribal fishery 

resources. Accordingly, the Secretary 

will develop tribal allocations and 

regulations under this paragraph in 

consultation with the affected tribe(s) 

and, insofar as possible, with tribal 

consensus. 

(e) Fishing by a member of a Pacific 

Coast treaty Indian tribe. A member of 

a Pacific Coast treaty Indian tribe fishing 

under this section and within their U&A 

fishing area is not subject to the 

provisions of other sections of subparts 

C through G of this part. 

(1) Identification. A valid treaty 

Indian identification card issued 

pursuant to 25 CFR part 249, subpart A, 

is prima facie evidence that the holder 


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is a member of the Pacific Coast treaty 

Indian tribe named on the card. 

(2) Permits. A limited entry permit 

described under § 660.25, subpart C is 

not required for a member of a Pacific 

Coast treaty Indian tribe to fish in a 

tribal fishery described in paragraph (d) 

of this section. 

(3) Federal and tribal laws and 

regulations. Any member of a Pacific 

Coast treaty Indian tribe must comply 

with this section, and with any 

applicable tribal law and regulation, 

when participating in a tribal 

groundfish fishery described in this 

section. 

(4) Fishing outside the U&A or 

without a groundfish allocation. Fishing 

by a member of a Pacific Coast treaty 

Indian tribe outside the applicable 

Indian tribe’s usual and accustomed 

fishing area, or for a species of 

groundfish not covered by an allocation, 

set-aside, or regulation under this 

section, is subject to the regulations in 

the other sections of subpart C through 

subpart G of this part. Treaty fisheries 

operating within tribal allocations are 

prohibited from operating outside U&A 

fishing areas. 

(f) Pacific Coast treaty Indian fisheries 

allocations and harvest guidelines. The 

tribal harvest guideline for black 

rockfish is provided in paragraph (f)(1) 

of this section. Tribal fishery allocations 

for sablefish are provided in paragraph 

(f)(2) of this section, and Pacific whiting 

are provided in paragraph (f)(4) of this 

section. Trip limits for certain species 

were recommended by the tribes and 

the Council and are specified here with 

the tribal allocations. 

(1) Black rockfish. (i) Harvest 

guidelines for commercial harvests of 

black rockfish by members of the Pacific 

Coast Indian tribes using hook and line 

gear will be established biennially for 

two subsequent one-year periods for the 

areas between the U.S.-Canadian border 

and Cape Alava (48°09.50′ N. lat.) and 

between Destruction Island (47°40′ N. 

lat.) and Leadbetter Point (46°38.17′ N. 

lat.), in accordance with the procedures 

for implementing harvest specifications 

and management measures. Pacific 

Coast treaty Indians fishing for black 

rockfish in these areas under these 

harvest guidelines are subject to the 

provisions in this section, and not to the 

restrictions in other sections of subparts 

C through G of this part. 

(ii) For the commercial harvest of 

black rockfish off Washington State, a 

treaty Indian tribes’ harvest guideline is 

set at 30,000 lb (13,608 kg) for the area 

north of Cape Alava, WA (48°09.50′ N. 

lat.) and 10,000 lb (4,536 kg) for the area 

between Destruction Island, WA (47°40′ 

N. lat.) and Leadbetter Point, WA 

(46°38.17′ N. lat.). This harvest 

guideline applies and is available to the 

Pacific Coast treaty Indian tribes. There 

are no tribal harvest restrictions for 

black rockfish in the area between Cape 

Alava and Destruction Island. 

(2) Sablefish. (i) The sablefish 

allocation to Pacific coast treaty Indian 

tribes is 10 percent of the sablefish total 

catch OY for the area north of 36° N. lat. 

This allocation represents the total 

amount available to the treaty Indian 

fisheries before deductions for discard 

mortality. 

(ii) The tribal allocation is 694 mt per 

year. This allocation is, for each year, 10 

percent of the Monterey through 

Vancouver area (North of 36° N. lat.) 

OY, less 1.6 percent estimated discard 

mortality. 

(3) Lingcod. Lingcod taken in the 

treaty fisheries are subject to an overall 

expected total lingcod catch of 250 mt. 

(4) Pacific whiting. The tribal 

allocation for 2010 is 49,939 mt. 

(5) Pacific cod. There is a tribal 

harvest guideline of 400 mt of Pacific 

cod. The tribes will manage their 

fisheries to stay within this harvest 

guideline. 

(g) Washington coastal tribal fisheries 

management measures—(1) Rockfish. 

The tribes will require full retention of 

all overfished rockfish species and all 

other marketable rockfish species during 

treaty fisheries. 

(2) Thornyheads. The tribes will 

manage their fisheries to the limited 

entry trip limits in place at the 

beginning on the year for both 

shortspine and longspine thornyheads 

as follows: 

(i) Trawl gear. (A) Shortspine 

thornyhead cumulative trip limits are as 

follows: 

(1) Small and large footrope trawl 

gear—17,000-lb (7,711-kg) per 2 months. 

(2) Selective flatfish trawl gear— 

3,000-lb (1,361-kg) per 2 months. 

(3) Multiple bottom trawl gear—3,000- 

lb (1,361-kg) per 2 months. 

(B) Longspine thornyhead cumulative 

trip limits are as follows: 

(1) Small and large footrope trawl 

gear—22,000-lb (9,979-kg) per 2 months. 

(2) Selective flatfish trawl gear— 

5,000-lb (2,268-kg) per 2 months. 

(3) Multiple bottom trawl gear—5,000- 

lb (2,268-kg) per 2 months. 

(ii) Fixed gear. (A) Shortspine 

thornyhead cumulative trip limits are 

2,000-lb (907-kg) per 2 months. 

(B) Longspine thornyhead cumulative 

trip limits are 10,000-lb (4,536-kg) per 2 

months. 

(3) Canary rockfish—are subject to a 

300-lb (136-kg) trip limit. 

(4) Yelloweye rockfish—are subject to 

a 100-lb (45-kg) trip limit. 

(5) Yellowtail and widow rockfish. 

The Makah Tribe will manage the 

midwater trawl fisheries as follows: 

yellowtail rockfish taken in the directed 

tribal mid-water trawl fisheries are 

subject to a cumulative limit of 180,000- 

lb (81,647-kg) per 2-month period for 

the entire fleet. Landings of widow 

rockfish must not exceed 10 percent of 

the weight of yellowtail rockfish landed, 

for a given vessel, throughout the year. 

These limits may be adjusted by the 

tribe inseason to minimize the 

incidental catch of canary rockfish and 

widow rockfish, provided the average 2- 

month cumulative yellowtail rockfish 

limit does not exceed 180,000-lb 

(81,647-kg) for the fleet. 

(6) Other rockfish. Other rockfish, 

including minor nearshore, minor shelf, 

and minor slope rockfish groups are 

subject to a 300-lb (136-kg) trip limit per 

species or species group, or to the nontribal limited entry trip limit for those 

species if those limits are less restrictive 

than 300-lb (136 kg) per trip. 

(7) Flatfish and other fish. Treaty 

fishing vessels using bottom trawl gear 

are subject to the limits applicable to the 

non-tribal limited entry trawl fishery for 

Dover sole, English sole, rex sole, 

arrowtooth flounder, and other flatfish 

in place at the beginning of the season. 

For Dover sole and arrowtooth flounder, 

the limited entry trip limits in place at 

the beginning of the season will be 

combined across periods and the fleet to 

create a cumulative harvest target. The 

limits available to individual vessels 

will then be adjusted inseason to stay 

within the overall harvest target as well 

as estimated impacts to overfished 

species. For petrale sole, treaty fishing 

vessels are restricted to a 50,000-lb 

(22,680 kg) per 2 month limit for the 

entire year. Trawl vessels are restricted 

to using small footrope trawl gear. 

(8) Pacific whiting. Tribal whiting 

processed at-sea by non-tribal vessels, 

must be transferred within the tribal 

U&A from a member of a Pacific Coast 

treaty Indian tribe fishing under this 

section. 

(9) Spiny dogfish. The tribes will 

manage their spiny dogfish fishery 

within the limited entry trip limits for 

the non-tribal fisheries. 

(10) Groundfish without a tribal 

allocation. Makah tribal members may 

use midwater trawl gear to take and 

retain groundfish for which there is no 

tribal allocation and will be subject to 

the trip landing and frequency and size 

limits applicable to the limited entry 

fishery. 

(11) EFH. Measures implemented to 

minimize adverse impacts to groundfish 

EFH, as described in § 660.12 of this 


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subpart, do not apply to tribal fisheries 

in their U&A fishing areas. 

§ 660.55 Allocations. 

(a) General. An allocation is the 

apportionment of a harvest privilege for 

a specific purpose, to a particular 

person, group of persons, or fishery 

sector. The opportunity to harvest 

Pacific Coast groundfish is allocated 

among participants in the fishery when 

the OYs for a given year are established 

in the biennial harvest specifications. 

For certain species, primarily trawldominant species, beginning with the 

2011–2012 biennial specifications 

process, separate allocations for the 

trawl fishery and nontrawl fishery 

(which for this purpose includes limited 

entry fixed gear, open access, and 

recreational fisheries) will be 

established biennially or annually using 

the standards and procedures described 

in Chapter 6 of the PCGFMP. Chapter 6 

of the PCGFMP provides the allocation 

structure and percentages for species 

allocated between the trawl and 

nontrawl fisheries. For other species 

and/or areas, separate allocations for the 

limited entry and open access fisheries 

will be established using the procedures 

described in Chapters 6 and 11 of the 

PCGFMP and this subpart. Allocation of 

sablefish north of 36° N. lat. is described 

in paragraph (h) of this section and in 

the PCGFMP. Allocation of Pacific 

whiting is described in paragraph (i) of 

this section and in the PCGFMP. 

Allocation of black rockfish is described 

in paragraph (l) of this section. 

Allocation of Pacific halibut bycatch is 

described in paragraph (m) of this 

section. Allocations not specified in the 

PCGFMP are established in regulation 

through the biennial harvest 

specifications and are listed in Tables 1 

a through d and Tables 2 a through d of 

this subpart. 

(b) Fishery harvest guidelines and 

reductions made prior to fishery 

allocations. Beginning with the 2011– 

2012 biennial specifications process and 

prior to the setting of fishery allocations, 

the OY is reduced by the Pacific Coast 

treaty Indian tribal harvest (allocations, 

set-asides, and estimated harvest under 

regulations at § 660.50); projected 

scientific research catch of all 

groundfish species, estimates of fishing 

mortality in non-groundfish fisheries 

and, as necessary, set-asides for EFPs. 

The remaining amount after these 

deductions is the fishery harvest 

guideline or quota. (note: recreational 

estimates are not deducted here). 

(1) Pacific Coast treaty Indian tribal 

allocations, set-asides, and regulations 

are specified during the biennial harvest 

specifications process and are found at 

§ 660.50 and in Tables 1a and 2a of this 

subpart. 

(2) Scientific research catch results 

from scientific research activity as 

defined in regulations at 50 CFR 600.10. 

(3) Estimates of fishing mortality in 

non-groundfish fisheries are based on 

historical catch and projected fishing 

activities. 

(4) EFPs are authorized and governed 

by § 660.60(f). 

(c) Trawl/Nontrawl allocations. (1) 

Beginning with the 2011–2012 biennial 

specifications process, the fishery 

harvest guideline or quota, may be 

divided into allocations for groundfish 

trawl and nontrawl (limited entry fixed 

gear, open access, and recreational) 

fisheries. IFQ species not listed in the 

table below will be allocated between 

the trawl and nontrawl fisheries through 

the biennial harvest specifications 

process. Species/species groups and 

areas allocated between the trawl and 

nontrawl fisheries listed in Chapter 6, 

Table 6–1 of the PCGFMP are allocated 

based on the percentages that follow: 

ALLOCATION PERCENTAGES FOR LIMITED ENTRY TRAWL AND NON-TRAWL SECTORS SPECIFIED FOR FMP GROUNDFISH

STOCKS AND STOCK COMPLEXES

Stock or complex 

All non-treaty 

LE trawl sectors 

(percent) 

All non-treaty 

non-trawl 

sectors 

(percent) 

Lingcod ......................................................................................................................................................................... 45 ................ 55 

Pacific Cod ................................................................................................................................................................... 95 ................ 5 

Sablefish S. of 36° N. lat. ............................................................................................................................................. 42 ................ 58 

PACIFIC OCEAN PERCH ............................................................................................................................................ 95 ................ 5 

WIDOW ......................................................................................................................................................................... 91 ................ 9 

Chilipepper S. of 40°10′ N. lat. .................................................................................................................................... 75 ................ 25 

Splitnose S. of 40°10′ N. lat. ........................................................................................................................................ 95 ................ 5 

Yellowtail N. of 40°10′ N. lat. ....................................................................................................................................... 88 ................ 12 

Shortspine N. of 34°27′ N. lat. ..................................................................................................................................... 95 ................ 5 

Shortspine S. of 34°27′ N. lat. ..................................................................................................................................... 50 mt ........... Remaining 

Yield 

Longspine N. of 34°27′ N. lat. ...................................................................................................................................... 95 ................ 5 

DARKBLOTCHED ........................................................................................................................................................ 95 ................ 5 

Minor Slope RF North of 40°10′ N. lat. ........................................................................................................................ 81 ................ 18 

Minor Slope RF South of 40°10′ N. lat. ....................................................................................................................... 63 ................ 37 

Dover Sole .................................................................................................................................................................... 95 ................ 5 

English Sole .................................................................................................................................................................. 95 ................ 5 

Petrale Sole .................................................................................................................................................................. 95 ................ 5 

Arrowtooth Flounder ..................................................................................................................................................... 95 ................ 5 

Starry Flounder ............................................................................................................................................................. 50 ................ 50 

Other Flatfish ................................................................................................................................................................ 90 ................ 10 

(i) Trawl fishery allocation. The 

allocation for the limited entry trawl 

fishery is derived by applying the trawl 

allocation percentage by species/species 

group and area as specified in paragraph 

(c) of this section and as specified 

during the biennial harvest 

specifications process to the fishery 

harvest guideline for that species/ 

species group and area. For IFQ species 

other than darkblotched rockfish, 

Pacific Ocean Perch, and widow 

rockfish, the trawl allocation will be 

further subdivided among the trawl 

sectors (MS, C/P, and IFQ) as specified 

in §§ 660.140, 660.150, and 660.160 of 

subpart D. For darkblotched rockfish, 

Pacific Ocean Perch, and widow 


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rockfish, the trawl allocation is further 

subdivided among the trawl sectors 

(MS, C/P, and IFQ) as follows: 

(A) Darkblotched rockfish. Allocate 

9% or 25 mt, whichever is greater, of the 

total trawl allocation of darkblotched 

rockfish to the whiting fisheries (MS, C/ 

P, and IFQ combined). The distribution 

of the whiting trawl allocation of 

darkblotched to each sector (MS, C/P, 

and IFQ) will be done pro rata relative 

to the sectors’ whiting allocation. After 

deducting allocations for the whiting 

fisheries, allocate the remainder of the 

trawl allocation to the non-whiting 

fishery. 

(B) Pacific Ocean Perch (POP). 

Allocate 17% or 30 mt, whichever is 

greater, of the total trawl allocation of 

Pacific ocean perch to the whiting 

fisheries (MS, C/P, and IFQ combined). 

The distribution of the whiting trawl 

allocation of POP to each sector (MS, C/ 

P, and IFQ) will be done pro rata 

relative to the sectors’ whiting 

allocation. After deducting allocations 

for the whiting fisheries, allocate the 

remainder of the trawl allocation to the 

non-whiting fishery. 

(C) Widow rockfish. Allocate 52% of 

the total trawl allocation of widow 

rockfish to the whiting sectors if the 

stock is under rebuilding or 10% of the 

total trawl allocation or 500 mt of the 

trawl allocation to the whiting sectors, 

whichever is greater, if the stock is 

rebuilt. The latter allocation scheme 

automatically kicks in when widow 

rockfish is declared rebuilt. The 

distribution of the whiting trawl 

allocation of widow to each sector (MS, 

C/P, and IFQ) will be done pro rata 

relative to the sectors’ whiting 

allocation. After deducting allocations 

for the whiting fisheries, allocate the 

remainder of the trawl allocation to the 

non-whiting fishery. 

(ii) Nontrawl fishery allocation. The 

allocation for the nontrawl fishery is the 

fishery harvest guideline minus the 

allocation of the species/species group 

and area to the trawl fishery. These 

amounts will equal the nontrawl 

allocation percentage or amount by 

species for species listed in paragraph 

(c) of this section and the nontrawl 

allocation percentage from the biennial 

harvest specifications for other IFQ 

species. The nontrawl allocation will be 

shared between the limited entry fixed 

gear, open access, and recreational 

fisheries as specified through the 

biennial harvest specifications process 

and consistent with allocations in the 

PCGFMP. 

(2) [Reserved] 

(d) Commercial harvest guidelines. 

Beginning with the 2011–2012 biennial 

specifications process, to derive the 

commercial harvest guideline, the 

fishery harvest guideline is further 

reduced by the recreational set-asides. 

The commercial harvest guideline is 

then allocated between the limited entry 

fishery (both trawl and fixed gear) and 

the directed open access fishery, as 

appropriate. 

(e) Limited Entry (LE)/Open Access 

(OA) Allocations—(1) LE/OA allocation 

percentages. If a species is declared 

overfished, the open access/limited 

entry allocation may be suspended for 

the duration of the rebuilding plan. The 

allocations between the limited entry 

and open access fisheries are based on 

standards from the PCGFMP. 

(2) Species with LE/OA allocations. 

For species not listed in paragraph (c) of 

this section, the allocation between the 

limited entry (both trawl and fixed gear) 

and the open access fisheries is 

determined by applying the percentage 

for those species with a LE/OA 

allocation to the commercial harvest 

guideline plus the amount set-aside for 

the non-groundfish fisheries. 

(i) Limited entry allocation. The 

allocation for the limited entry fishery is 

the commercial harvest guideline minus 

any allocation to the directed open 

access fishery. 

(ii) Open access allocation. The 

allocation for the open access fishery is 

derived by applying the open access 

allocation percentage to the annual 

commercial harvest guideline or quota 

plus the non-groundfish fishery (i.e., 

incidental open access fishery) amount 

described in paragraph (b) of this 

section. The result is the total open 

access allocation. The portion that is 

set-aside for the non-groundfish 

fisheries is deducted and the remainder 

is the directed open access portion. For 

management areas or stocks for which 

quotas or harvest guidelines for a stock 

are not fully utilized, no separate 

allocation will be established for the 

open access fishery until it is projected 

that the allowable catch for a species 

will be reached. 

(A) Open access allocation 

percentage. For each species with a 

harvest guideline or quota, the initial 

open access allocation percentage is 

calculated by: 

(1) Computing the total catch for that 

species during the window period (July 

11, 1984 through August 1, 1988) for the 

limited entry program by any vessel that 

did not initially receive a limited entry 

permit. 

(2) Dividing that amount by the total 

catch during the window period by all 

gear. 

(3) The guidelines in this paragraph 

apply to recalculation of the open access 

allocation percentage. Any recalculated 

allocation percentage will be used in 

calculating the following biennial 

fishing period’s open access allocation. 

(B) [Reserved] 

(f) Catch accounting. Catch 

accounting refers to how the catch in a 

fishery is monitored against the 

allocations described in this section. For 

species with trawl/nontrawl allocations, 

catch of those species are counted 

against the trawl/nontrawl allocations as 

explained in paragraph (f)(1) of this 

section. For species with limited entry/ 

open access allocations in a given 

biennial cycle, catch of those species are 

counted against the limited entry/open 

access allocations as explained in 

paragraph (f)(2) of this section. 

(1) Between the trawl and nontrawl 

fisheries—(i) Catch accounting for the 

trawl allocation. Any groundfish caught 

by a vessel registered to a limited entry 

trawl endorsed permit will be counted 

against the trawl allocation while they 

are declared in to a groundfish limited 

entry trawl fishery and while the 

applicable trawl fishery listed in subpart 

D of this part for that vessel’s limited 

entry permit is open. 

(ii) Catch accounting for the nontrawl 

allocation. All groundfish caught by a 

vessel not registered to a limited entry 

permit and not fishing in the nongroundfish fishery will be counted 

against the nontrawl allocation. All 

groundfish caught by a vessel registered 

to a limited entry permit when the 

fishery for a vessel’s limited entry 

permit has closed or they are not 

declared in to a limited entry fishery, 

will be counted against the nontrawl 

allocation, unless they are declared in to 

a non-groundfish fishery. Catch by 

vessels fishing in the non-groundfish 

fishery, as defined at § 660.11, will be 

accounted for in the estimated mortality 

in the non-groundfish fishery that is 

deducted from the OY. 

(2) Between the limited entry and 

open access fisheries. Any groundfish 

caught by a vessel with a limited entry 

permit will be counted against the 

limited entry allocation while the 

limited entry fishery for that vessel’s 

limited entry gear is open. When the 

fishery for a vessel’s limited entry gear 

has closed, groundfish caught by that 

vessel with open access gear will be 

counted against the open access 

allocation. All groundfish caught by 

vessels without limited entry permits 

will be counted against the open access 

allocation. 

(g) Recreational fisheries. Recreational 

fishing for groundfish is outside the 

scope of, and not affected by, the 

regulations governing limited entry and 

open access fisheries. Certain amounts 

of groundfish will be set aside for the 


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recreational fishery during the biennial 

specifications process. These amounts 

will be estimated prior to dividing the 

commercial harvest guideline between 

the limited entry and open access 

fisheries. 

(h) Sablefish Allocations (north of 36° 

N. lat.)—(1) Tribal-nontribal allocation. 

The sablefish allocation to Pacific coast 

treaty Indian tribes is identified at 

§ 660.50(f)(2), subpart C. The remainder 

is available to the nontribal commercial 

fishery (limited entry and open access). 

(2) Between the limited entry and 

open access fisheries. Sablefish is 

allocated between the limited entry and 

open access fisheries according to the 

procedure described in Chapter 6 of the 

PCGFMP. 

(3) Between the limited entry trawl 

and limited entry fixed gear fisheries. 

The limited entry sablefish allocation is 

further allocated 58 percent to the trawl 

fishery and 42 percent to the limited 

entry fixed gear (longline and pot/trap) 

fishery. 

(4) Between the limited entry fixed 

gear primary season and daily trip limit 

fisheries. Within the limited entry fixed 

gear fishery allocation, 85 percent is 

reserved for the primary season 

described in § 660.231, subpart E, 

leaving 15 percent for the limited entry 

daily trip limit fishery described in 

§ 660.232, subpart E. 

(5) Ratios between tiers for sablefishendorsed limited entry permits. The 

Regional Administrator will biennially 

or annually calculate the size of the 

cumulative trip limit for each of the 

three tiers associated with the sablefish 

endorsement such that the ratio of limits 

between the tiers is approximately 

1:1.75:3.85 for Tier 3:Tier 2:Tier 1, 

respectively. The size of the cumulative 

trip limits will vary depending on the 

amount of sablefish available for the 

primary fishery and on estimated 

discard mortality rates within the 

fishery. The size of the cumulative trip 

limits for the three tiers in the primary 

fishery will be announced in 

§ 660.231(b)(3), subpart E. 

(i) Pacific whiting allocation. The 

allocation structure and percentages for 

Pacific whiting are described in the 

PCGFMP. 

(1) Annual treaty tribal Pacific 

whiting allocations are provided in 

§ 660.50, subpart C. 

(2) The commercial harvest guideline 

for Pacific whiting is allocated among 

three sectors, as follows: 34 percent for 

the catcher/processor sector; 24 percent 

for the mothership sector; and 42 

percent for the Shorebased IFQ Program. 

No more than 5 percent of the 

shorebased allocation may be taken and 

retained south of 42° N. lat. before the 

start of the primary Pacific whiting 

season north of 42° N. lat. Specific 

sector allocations for a given calendar 

year are found in Tables 1a and 2a of 

this subpart. Set asides for other species 

for the at-sea whiting fishery for a given 

calendar year are found in Tables 1d 

and 2d of this subpart. 

(j) Fishery set-asides. Annual setasides are not formal allocations but 

they are amounts which are not 

available to the other fisheries during 

the fishing year. For the catcher/ 

processor and mothership sectors of the 

at-sea Pacific whiting fishery, set-asides 

will be deducted from the limited entry 

trawl fishery allocation. Set-aside 

amounts will be specified in Tables 1a 

through 2d of this subpart and may be 

adjusted through the biennial harvest 

specifications and management 

measures process. 

(k) Exempted fishing permit setasides. Annual set-asides for EFPs 

described at § 660.60(f), will be 

deducted from the OY. Set-aside 

amounts will be adjusted through the 

biennial harvest specifications and 

management measures process. 

(l) Black rockfish harvest guideline. 

The commercial tribal harvest guideline 

for black rockfish off Washington State 

is specified at § 660.50(f)(1), subpart C. 

(m) Pacific halibut bycatch allocation. 

The Pacific halibut fishery off 

Washington, Oregon and California 

(Area 2A in the halibut regulations) is 

managed under regulations at 50 CFR 

part 300, subpart E. Beginning with the 

2011–2012 biennial specifications 

process, the PCGFMP sets a trawl 

mortality bycatch limit for legal and 

sublegal halibut at 15 percent of the 

Area 2A constant exploitation yield 

(CEY) for legal size halibut, not to 

exceed 130,000 pounds for the first four 

years of trawl rationalization and not to 

exceed 100,000 pounds starting in the 

fifth year. This total bycatch limit may 

be adjusted downward or upward 

through the biennial specifications and 

management measures process. Part of 

the overall total catch limit is a set-aside 

of 10 mt of Pacific halibut, to 

accommodate bycatch in the at-sea 

Pacific whiting fishery and in the 

shoreside trawl fishery south of 40°10′ 

N Lat. (estimated to be approximately 5 

mt each). 

§ 660.60 Specifications and management 

measures. 

(a) General. NMFS will establish and 

adjust specifications and management 

measures biennially or annually and 

during the fishing year. Management of 

the Pacific Coast groundfish fishery will 

be conducted consistent with the 

standards and procedures in the 

PCGFMP and other applicable law. The 

PCGFMP is available from the Regional 

Administrator or the Council. 

Regulations under this subpart may be 

promulgated, removed, or revised 

during the fishing year. Any such action 

will be made according to the 

framework standards and procedures in 

the PCGFMP and other applicable law, 

and will be published in the Federal 

Register. 

(b) Biennial actions. The Pacific Coast 

Groundfish fishery is managed on a 

biennial, calendar year basis. Harvest 

specifications and management 

measures will be announced biennially, 

with the harvest specifications for each 

species or species group set for two 

sequential calendar years. In general, 

management measures are designed to 

achieve, but not exceed, the 

specifications, particularly optimum 

yields (harvest guidelines and quotas), 

fishery harvest guidelines, commercial 

harvest guidelines and quotas, limited 

entry and open access allocations, or 

other approved fishery allocations, and 

to protect overfished and depleted 

stocks. Management measures will be 

designed to take into account the cooccurrence ratios of target species with 

overfished species, and will select 

measures that will minimize bycatch to 

the extent practicable. 

(c) Routine management measures. In 

addition to the catch restrictions in 

subparts D through G of this part, other 

catch restrictions that are likely to be 

adjusted on a biennial or more frequent 

basis may be imposed and announced 

by a single notification in the Federal 

Register if good cause exists under the 

APA to waive notice and comment, and 

if they have been designated as routine 

through the two-meeting process 

described in the PCGFMP. Routine 

management measures that may be 

revised during the fishing year via this 

process are implemented in paragraph 

(h) of this section, and in subparts D 

through G of this part, including Tables 

1 (North) and 1 (South) of subpart D, 

Tables 2 (North) and 2 (South) of 

subpart E, Tables 3 (North) and 3 

(South) of subpart F. Most trip, bag, and 

size limits, and area closures in the 

groundfish fishery have been designated 

‘‘routine,’’ which means they may be 

changed rapidly after a single Council 

meeting. Council meetings are held in 

the months of March, April, June, 

September, and November. Inseason 

changes to routine management 

measures are announced in the Federal 

Register pursuant to the requirements of 

the Administrative Procedure Act 

(APA). Changes to trip limits are 

effective at the times stated in the 

Federal Register. Once a change is 


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effective, it is illegal to take and retain, 

possess, or land more fish than allowed 

under the new trip limit. This means 

that, unless otherwise announced in the 

Federal Register, offloading must begin 

before the time a fishery closes or a 

more restrictive trip limit takes effect. 

The following catch restrictions have 

been designated as routine: 

(1) Commercial Limited Entry and 

Open Access Fisheries. (i) Trip landing 

and frequency limits, size limits, all 

gear. Trip landing and frequency limits 

have been designated as routine for the 

following species or species groups: 

widow rockfish, canary rockfish, 

yellowtail rockfish, Pacific ocean perch, 

yelloweye rockfish, black rockfish, blue 

rockfish, splitnose rockfish, chilipepper 

rockfish, bocaccio, cowcod, minor 

nearshore rockfish or shallow and 

deeper minor nearshore rockfish, shelf 

or minor shelf rockfish, and minor slope 

rockfish; DTS complex which is 

composed of Dover sole, sablefish, 

shortspine thornyheads, and longspine 

thornyheads; petrale sole, rex sole, 

arrowtooth flounder, Pacific sanddabs, 

and the flatfish complex, which is 

composed of those species plus any 

other flatfish species listed at § 660.11, 

subpart C; Pacific whiting; lingcod; 

Pacific cod; spiny dogfish; and ‘‘other 

fish’’ as a complex consisting of all 

groundfish species listed at § 660.11, 

subpart C and not otherwise listed as a 

distinct species or species group. Size 

limits have been designated as routine 

for sablefish and lingcod. Trip landing 

and frequency limits and size limits for 

species with those limits designated as 

routine may be imposed or adjusted on 

a biennial or more frequent basis for the 

purpose of keeping landings within the 

harvest levels announced by NMFS, and 

for the other purposes given in 

paragraphs (c)(1)(i)(A) and (B) of this 

section. 

(A) Trip landing and frequency limits. 

To extend the fishing season; to 

minimize disruption of traditional 

fishing and marketing patterns; to 

reduce discards; to discourage target 

fishing while allowing small incidental 

catches to be landed; to protect 

overfished species; to allow small 

fisheries to operate outside the normal 

season; and, for the open access fishery 

only, to maintain landings at the 

historical proportions during the 1984– 

88 window period. 

(B) Size limits. To protect juvenile 

fish; to extend the fishing season. 

(ii) Differential trip landing limits and 

frequency limits based on gear type, 

closed seasons, and bycatch limits. Trip 

landing and frequency limits that differ 

by gear type and closed seasons may be 

imposed or adjusted on a biennial or 

more frequent basis for the purpose of 

rebuilding and protecting overfished or 

depleted stocks. To achieve the 

rebuilding of an overfished or depleted 

stock, bycatch limits may be established 

and adjusted to be used to close the 

primary season for any sector of the 

Pacific whiting fishery described at 

§ 660.131(b), before the sector’s Pacific 

whiting allocation is achieved if the 

applicable bycatch limit is reached. 

Bycatch limit amounts are specified at 

§ 660.131(b)(5), subpart D. 

(iii) Type of limited entry trawl gear 

on board. Limits on the type of limited 

entry trawl gear on board a vessel may 

be imposed on a biennial or more 

frequent basis. Requirements and 

restrictions on limited entry trawl gear 

type are found at § 660.130, subpart D. 

(2) Recreational fisheries all gear 

types. Routine management measures 

for all groundfish species, separately or 

in any combination, include bag limits, 

size limits, time/area closures, boat 

limits, hook limits, and dressing 

requirements. All routine management 

measures on recreational fisheries are 

intended to keep landings within the 

harvest levels announced by NMFS, to 

rebuild and protect overfished or 

depleted species, and to maintain 

consistency with State regulations, and 

for the other purposes set forth in this 

section. 

(i) Bag limits. To spread the available 

catch over a large number of anglers; to 

protect and rebuild overfished species; 

to avoid waste. 

(ii) Size limits. To protect juvenile 

fish; to protect and rebuild overfished 

species; to enhance the quality of the 

recreational fishing experience. 

(iii) Season duration restrictions. To 

spread the available catch over a large 

number of anglers; to protect and 

rebuild overfished species; to avoid 

waste; to enhance the quality of the 

recreational fishing experience. 

(3) All fisheries, all gear types, depthbased management measures. Depthbased management measures, 

particularly the setting of closed areas 

known as Groundfish Conservation 

Areas, may be implemented in any 

fishery that takes groundfish directly or 

incidentally. Depth-based management 

measures are set using specific 

boundary lines that approximate depth 

contours with latitude/longitude 

waypoints found at § 660.70 through 

660.74. Depth-based management 

measures and the setting of closed areas 

may be used: to protect and rebuild 

overfished stocks, to prevent the 

overfishing of any groundfish species by 

minimizing the direct or incidental 

catch of that species, to minimize the 

incidental harvest of any protected or 

prohibited species taken in the 

groundfish fishery, to extend the fishing 

season; for the commercial fisheries, to 

minimize disruption of traditional 

fishing and marketing patterns; for the 

recreational fisheries, to spread the 

available catch over a large number of 

anglers; to discourage target fishing 

while allowing small incidental catches 

to be landed; and to allow small 

fisheries to operate outside the normal 

season. 

(d) Automatic actions. Automatic 

management actions may be initiated by 

the NMFS Regional Administrator 

without prior public notice, opportunity 

to comment, or a Council meeting. 

These actions are nondiscretionary, and 

the impacts must have been taken into 

account prior to the action. Unless 

otherwise stated, a single notice will be 

published in the Federal Register 

making the action effective if good cause 

exists under the APA to waive notice 

and comment. 

(1) Automatic actions are used in the 

Pacific whiting fishery to: 

(i) Close sectors of the fishery or to 

reinstate trip limits in the shore-based 

fishery when a whiting harvest 

guideline, commercial harvest 

guideline, or a sector’s allocation is 

reached, or is projected to be reached; 

(ii) Close all sectors or a single sector 

of the fishery when a bycatch limit is 

reached or projected to be reached; 

(iii) Reapportion unused Pacific 

whiting allocation to other sectors of the 

fishery; 

(iv) Reapportion unused bycatch limit 

species to other sectors of the Pacific 

whiting fishery. 

(v) Implement the Ocean Salmon 

Conservation Zone, described at 

§ 660.131(c)(3), subpart D, when NMFS 

projects the Pacific whiting fishery may 

take in excess of 11,000 Chinook within 

a calendar year. 

(vi) Implement Pacific Whiting 

Bycatch Reduction Areas, described at 

§ 660.131(c)(4), subpart D, when NMFS 

projects a sector-specific bycatch limit 

will be reached before the sector’s 

whiting allocation. 

(2) [Reserved]. 

(e) Prohibited Species. Groundfish 

species or species groups under the 

PCGFMP for which quotas have been 

achieved and/or the fishery closed are 

prohibited species. In addition, the 

following are prohibited species: 

(1) Any species of salmonid. 

(2) Pacific halibut. 

(3) Dungeness crab caught seaward of 

Washington or Oregon. 

(f) Exempted Fishing Permits (EFP). 

(1) The Regional Administrator may 

issue EFPs under regulations at 

§ 660.30, subpart C, for compensation 


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with fish for collecting resource 

information. Such EFPs may include the 

collecting of scientific samples of 

groundfish species that would otherwise 

be prohibited for retention. 

(2) The Regional Administrator may 

also issue EFPs under regulations at 50 

CFR part § 600.745 for limited testing, 

public display, data collection, 

exploratory, health and safety, 

environmental cleanup, and/or hazard 

removal purposes, the target or 

incidental harvest of species managed 

under an FMP or fishery regulations that 

would otherwise be prohibited. 

(3) U.S. vessels operating under an 

EFP are subject to restrictions in 

§§ 660.10 through 660.79, unless 

otherwise provided in the permit. 

(g) Applicability. Groundfish species 

harvested in the territorial sea (0–3 nm) 

will be counted toward the catch 

limitations in Tables 1a through 2d of 

this subpart, and those specified in 

subparts D through G, including Tables 

1 (North) and 1 (South) of subpart D, 

Tables 2 (North) and 2 (South) of 

subpart E, Tables 3 (North) and 3 

(South) of subpart F. 

(h) Fishery restrictions—(1) 

Commercial trip limits and recreational 

bag and boat limits. Commercial trip 

limits and recreational bag and boat 

limits defined in Tables 1a through 2d 

of this subpart, and those specified in 

subparts D through G of this part, 

including Tables 1 (North) and 1 (South) 

of subpart D, Tables 2 (North) and 2 

(South) of subpart E, Tables 3 (North) 

and 3 (South) of subpart F must not be 

exceeded. 

(2) Landing. As stated at § 660.11, 

subpart C (in the definition of 

‘‘Landing’’), once the offloading of any 

species begins, all fish aboard the vessel 

are counted as part of the landing and 

must be reported as such. Transfer of 

fish at sea is prohibited under § 660.12, 

subpart C, unless a vessel is 

participating in the primary whiting 

fishery as part of the mothership or 

catcher/processor sectors, as described 

at § 660.131(a), subpart D. 

(3) Fishing ahead. Unless the fishery 

is closed, a vessel that has landed its 

cumulative or daily limit may continue 

to fish on the limit for the next legal 

period, so long as no fish (including, but 

not limited to, groundfish with no trip 

limits, shrimp, prawns, or other 

nongroundfish species or shellfish) are 

landed (offloaded) until the next legal 

period. Fishing ahead is not allowed 

during or before a closed period. 

(4) Weights and percentages. All 

weights are round weights or roundweight equivalents unless otherwise 

specified. Percentages are based on 

round weights, and, unless otherwise 

specified, apply only to legal fish on 

board. 

(5) Size limits, length measurement, 

and weight limits. (i) Size limits and 

length measurement. Unless otherwise 

specified, size limits in the commercial 

and recreational groundfish fisheries 

apply to the ‘‘total length,’’ which is the 

longest measurement of the fish without 

mutilation of the fish or the use of force 

to extend the length of the fish. No fish 

with a size limit may be retained if it is 

in such condition that its length has 

been extended or cannot be determined 

by these methods. For conversions not 

listed here, contact the state where the 

fish will be landed. Washington state 

regulations require all fish with a size 

limit landed into Washington to be 

landed with the head on. 

(A) Whole fish. For a whole fish, total 

length is measured from the tip of the 

snout (mouth closed) to the tip of the 

tail in a natural, relaxed position. 

(B) ‘‘Headed’’ fish. For a fish with the 

head removed (‘‘headed’’), the length is 

measured from the origin of the first 

dorsal fin (where the front dorsal fin 

meets the dorsal surface of the body 

closest to the head) to the tip of the 

upper lobe of the tail; the dorsal fin and 

tail must be left intact. 

(C) Filets. A filet is the flesh from one 

side of a fish extending from the head 

to the tail, which has been removed 

from the body (head, tail, and backbone) 

in a single continuous piece. Filet 

lengths may be subject to size limits for 

some groundfish taken in the 

recreational fishery off California (see 

subpart G of this part). A filet is 

measured along the length of the longest 

part of the filet in a relaxed position; 

stretching or otherwise manipulating 

the filet to increase its length is not 

permitted. 

(ii) Weight limits and conversions. 

The weight limit conversion factor 

established by the state where the fish 

is or will be landed will be used to 

convert the processed weight to round 

weight for purposes of applying the trip 

limit. Weight conversions provided 

herein are those conversions currently 

in use by the States of Washington, 

Oregon and California and may be 

subject to change by those states. 

Fishery participants should contact 

fishery enforcement officials in the state 

where the fish will be landed to 

determine that state’s official conversion 

factor. To determine the round weight, 

multiply the processed weight times the 

conversion factor. 

(iii) Sablefish. The following 

conversion applies to both the limited 

entry and open access fisheries when 

trip limits are in effect for those 

fisheries. For headed and gutted 

(eviscerated) sablefish the weight 

conversion factor is 1.6 (multiply the 

headed and gutted weight by 1.6 to 

determine the round weight). 

(iv) Lingcod. The following 

conversions apply in both limited entry 

and open access fisheries. 

(A) North of 42° N. lat., for lingcod 

with the head removed, the minimum 

size limit is 18 inches (46 cm), which 

corresponds to 22 inches (56 cm) total 

length for whole fish. 

(B) South of 42° N. lat., for lingcod 

with the head removed, the minimum 

size limit is 19.5 inches (49.5 cm), 

which corresponds to 24 inches (61 cm) 

total length for whole fish. 

(C) The weight conversion factor for 

headed and gutted lingcod is 1.5. The 

conversion factor for lingcod that has 

only been gutted with the head on is 

1.1. 

(6) Sorting. Trawl fishery sorting 

requirements are specified at 

§ 660.130(d), subpart D. Limited entry 

fixed gear fishery sorting requirements 

are specified at § 660.230(c), subpart E, 

and Open access fishery sorting 

requirements are specified at 

§ 660.330(c), subpart F. 

(7) Crossover provisions. NMFS uses 

different types of management areas for 

West Coast groundfish management. 

One type of management area is the 

north-south management area, a large 

ocean area with northern and southern 

boundary lines wherein trip limits, 

seasons, and conservation areas follow a 

single theme. Within each north-south 

management area, there may be one or 

more conservation areas, defined at 

§ 660.11 and §§ 660.60 through 660.74, 

subpart C. The provisions within this 

paragraph apply to vessels operating in 

different north-south management areas. 

Crossover provisions also apply to 

vessels that fish in both the limited 

entry and open access fisheries, or that 

use open access non-trawl gear while 

registered to limited entry fixed gear 

permits. Fishery specific crossover 

provisions can be found in subparts D 

through F of this part. 

(i) Operating in north-south 

management areas with different trip 

limits. Trip limits for a species or a 

species group may differ in different 

north-south management areas along the 

coast. The following crossover 

provisions apply to vessels operating in 

different geographical areas that have 

different cumulative or ‘‘per trip’’ trip 

limits for the same species or species 

group. Such crossover provisions do not 

apply to species that are subject only to 

daily trip limits, or to the trip limits for 

black rockfish off Washington, as 

described at § 660.230(d), subpart E and 

§ 660.330(e), subpart F. 


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(A) Going from a more restrictive to a 

more liberal area. If a vessel takes and 

retains any groundfish species or 

species group of groundfish in an area 

where a more restrictive trip limit 

applies before fishing in an area where 

a more liberal trip limit (or no trip limit) 

applies, then that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(B) Going from a more liberal to a 

more restrictive area. If a vessel takes 

and retains a groundfish species or 

species group in an area where a higher 

trip limit or no trip limit applies, and 

takes and retains, possesses or lands the 

same species or species group in an area 

where a more restrictive trip limit 

applies, that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(C) Operating in two different areas 

where a species or species group is 

managed with different types of trip 

limits. During the fishing year, NMFS 

may implement management measures 

for a species or species group that set 

different types of trip limits (for 

example, per trip limits versus 

cumulative trip limits) for different 

areas. If a vessel fishes for a species or 

species group that is managed with 

different types of trip limits in two 

different areas within the same 

cumulative limit period, then that vessel 

is subject to the most restrictive overall 

cumulative limit for that species, 

regardless of where fishing occurs. 

(D) Minor rockfish. Several rockfish 

species are designated with speciesspecific limits on one side of the 40°10′ 

N. lat. management line, and are 

included as part of a minor rockfish 

complex on the other side of the line. 

A vessel that takes and retains fish from 

a minor rockfish complex (nearshore, 

shelf, or slope) on both sides of a 

management line during a single 

cumulative limit period is subject to the 

more restrictive cumulative limit for 

that minor rockfish complex during that 

period. 

(1) If a vessel takes and retains minor 

slope rockfish north of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land splitnose rockfish 

up to its cumulative limit south of 

40°10′ N. lat., even if splitnose rockfish 

were a part of the landings from minor 

slope rockfish taken and retained north 

of 40°10′ N. lat. 

(2) If a vessel takes and retains minor 

slope rockfish south of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land POP up to its 

cumulative limit north of 40°10′ N. lat., 

even if POP were a part of the landings 

from minor slope rockfish taken and 

retained south of 40°10′ N. lat. 

(ii) Operating in both limited entry 

and open access fisheries. Open access 

trip limits apply to any fishing 

conducted with open access gear, even 

if the vessel has a valid limited entry 

permit with an endorsement for another 

type of gear. A vessel that operates in 

both the open access and limited entry 

fisheries is not entitled to two separate 

trip limits for the same species. If a 

vessel has a limited entry permit and 

uses open access gear, but the open 

access limit is smaller than the limited 

entry limit, the open access limit may 

not be exceeded and counts toward the 

limited entry limit. If a vessel has a 

limited entry permit and uses open 

access gear, but the open access limit is 

larger than the limited entry limit, the 

smaller limited entry limit applies, even 

if taken entirely with open access gear. 

§ 660.65 Groundfish harvest 

specifications. 

Fishery specifications include ABCs, 

the designation of OYs (which may be 

represented by harvest guidelines (HGs) 

or quotas for species that need 

individual management) and the 

allocation of fishery HGs between the 

trawl and nontrawl segments of the 

fishery, and the allocation of 

commercial HGs between the open 

access and limited entry segments of the 

fishery. These specifications include 

fish caught in state ocean waters (0–3 

nm offshore) as well as fish caught in 

the EEZ (3–200 nm offshore). Harvest 

specifications are provided at Tables 1a 

through 2d of this subpart. 

TABLE 1d TO PART 660, SUBPART C— 

2011 AT-SEA WHITING FISHERY

SET-ASIDES

Species or species complex Set-aside 

(mt) 

Lingcod .................................. 6 

Pacific Cod ............................ 5 

Pacific Whiting ....................... NA 

Sablefish N. of 36° ................ 50 

Sablefish S. of 36° ................ NA 

PACIFIC OCEAN PERCH .... Allocation 

WIDOW ROCKFISH ............. Allocation 

Chilipepper S. of 40°10′ ........ NA 

Splitnose S. of 40°10′ ........... NA 

Yellowtail N. of 40°10′ ........... 300 

Shortspine Thornyhead N. of 

34°27′.

20 

Shortspine Thornyhead S. of 

34°27′.

NA 

Longspine Thornyhead N. of 

34°27′.

5 

Longspine Thornyhead S. of 

34°27′.

NA 

DARKBLOTCHED ................. Allocation 

TABLE 1d TO PART 660, SUBPART C— 

2011 AT-SEA WHITING FISHERY

SET-ASIDES—Continued 

Species or species complex Set-aside 

(mt) 

Minor Slope RF N. ................ 55 

Minor Slope RF S. ................ NA 

Dover Sole ............................ 5 

English Sole .......................... 5 

Petrale Sole—coastwide ....... 5 

Arrowtooth Flounder .............. 10 

Starry Flounder ..................... 5 

Other Flatfish ......................... 20 

CANARY ROCKFISH ............ Allocation 

BOCACCIO ........................... NA 

COWCOD .............................. NA 

YELLOWEYE ........................ 0 

Black Rockfish ....................... NA 

Blue Rockfish (CA) ................ NA 

Minor Nearshore RF N. ......... NA 

Minor Nearshore RF S. ......... NA 

Minor Shelf RF N. ................. 35 

Minor Shelf RF S. ................. NA 

California scorpionfish ........... NA 

Cabezon (off CA only) .......... NA 

Other Fish ............................. 520 

Longnose Skate .................... 5 

Pacific Halibut ....................... 10 a

aAs stated in § 660.55(m), the Pacific halibut set-aside is 10 mt, to accommodate bycatch in the at-sea Pacific whiting fisheries 

and in the shorebased trawl sector south of 

40°10′ N lat. (estimated to be approximately 5 

mt each). 

TABLE 2d TO PART 660, SUBPART C— 

2012 AT-SEA WHITING FISHERY

SET-ASIDES

Species or species complex Set-aside 

(mt) 

Lingcod .................................. 6 

Pacific Cod ............................ 5 

Pacific Whiting ....................... NA 

Sablefish N. of 36° ................ 50 

Sablefish S. of 36° ................ NA 

PACIFIC OCEAN PERCH .... Allocation 

WIDOW ROCKFISH ............. Allocation 

Chilipepper S. of 40°10′ ........ NA 

Splitnose S. of 40°10′ ........... NA 

Yellowtail N. of 40°10′ ........... 300 

Shortspine Thornyhead N. of 

34°27′.

20 

Shortspine Thornyhead S. of 

34°27′.

NA 

Longspine Thornyhead N. of 

34°27′.

5 

Longspine Thornyhead S. of 

34°27′.

NA 

DARKBLOTCHED ................. Allocation 

Minor Slope RF N. ................ 55 

Minor Slope RF S. ................ NA 

Dover Sole ............................ 5 

English Sole .......................... 5 

Petrale Sole—coastwide ....... 5 

Arrowtooth Flounder .............. 10 

Starry Flounder ..................... 5 

Other Flatfish ......................... 20 

CANARY ROCKFISH ............ Allocation 

BOCACCIO ........................... NA 

COWCOD .............................. NA 

YELLOWEYE ........................ 0 


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TABLE 2d TO PART 660, SUBPART C— 

2012 AT-SEA WHITING FISHERY

SET-ASIDES—Continued 

Species or species complex Set-aside 

(mt) 

Black Rockfish ....................... NA 

Blue Rockfish (CA) ................ NA 

Minor Nearshore RF N. ......... NA 

Minor Nearshore RF S. ......... NA 

Minor Shelf RF N. ................. 35 

Minor Shelf RF S. ................. NA 

California scorpionfish ........... NA 

Cabezon (off CA only) .......... NA 

Other Fish ............................. 520 

Longnose Skate .................... 5 

Pacific Halibut ....................... 10 a

aAs stated in § 660.55(m), the Pacific halibut set-aside is 10 mt, to accommodate bycatch in the at-sea Pacific whiting fisheries 

and in the shorebased trawl sector south of 

40°10′ N lat. (estimated to be approximately 5 

mt each). 

Subpart D—West Coast Groundfish— 

Limited Entry Trawl Fisheries 

§ 660.100 Purpose and scope. 

This subpart covers the Pacific Coast 

Groundfish limited entry trawl fishery. 

Under the trawl rationalization program, 

the limited entry trawl fishery consists 

of the shorebased IFQ Program, the 

Mothership Coop Program, and the C/P 

Coop Program. 

§ 660.111 Trawl fishery—definitions. 

These definitions are specific to the 

limited entry trawl fisheries covered in 

this subpart. General groundfish 

definitions are found at § 660.11, 

subpart C. 

Catch history assignment means a 

percentage of the mothership sector 

allocation of Pacific whiting based on a 

limited entry permit’s qualifying history 

and which is specified on the MS/CVendorsed limited entry permit. 

Catcher/processor coop means a 

harvester group that includes all eligible 

catcher/processor at-sea Pacific whiting 

endorsed permit owners who 

voluntarily form a coop and who 

manage the catcher/processor-specified 

allocations through private agreements 

and contracts. 

Catcher/Processor coop program or 

C/P coop program means the C/P Coop 

Program described at § 660.160, subpart 

D. 

Coop agreement means a private 

agreement between a group of MS/CVendorsed limited entry permit owners or 

C/P-endorsed permit owners that 

contains all information specified at 

§§ 660.150 and 660.160, subpart D. 

Coop member means a permit owner 

of an MS/CV-endorsed permit for the 

Mothership Program that is a party to 

the coop agreement, or a permit owner 

of a C/P-endorsed permit for the C/P 

Program that is legally obligated to the 

coop. 

Coop permit means a Federal permit 

required to participate as a Pacific 

whiting coop in the catcher/processor or 

mothership sectors. 

Designated coop manager means an 

individual appointed by a permitted 

coop that is identified in the coop 

agreement and is responsible for actions 

described at §§ 660.150 and 660.160, 

subpart D. 

Individual fishing quota (IFQ) means 

a Federal permit to harvest a quantity of 

fish, expressed as a percentage of the 

total allowable catch of a fishery, that 

may be received or held for exclusive 

use by a person. An IFQ is a harvest 

privilege that may be revoked at any 

time in accordance with the Magnuson 

Act. IFQ species for the shorebased IFQ 

fishery are listed at § 660.140, subpart D. 

IFQ first receivers mean persons who 

first receive, purchase, or take custody, 

control, or possession of catch onshore 

directly from a vessel that harvested the 

catch while fishing under the 

Shorebased IFQ Program described at 

§ 660.140, subpart D. 

IFQ landing means an offload of fish 

harvested under the Shorebased IFQ 

Program described at § 660.140, subpart 

D. 

Inter-coop means two or more 

permitted coops that have submitted an 

accepted inter-coop agreement to NMFS 

that specifies a coordinated strategy for 

harvesting pooled allocations of Pacific 

whiting and non-whiting groundfish. 

Inter-coop agreement means a written 

agreement between two or more 

permitted mothership coops and which 

contains private contractual 

arrangements for sharing catch and/or 

bycatch with one another. 

Material change means, for the 

purposes of a coop agreement, a change 

to any of the required components of the 

coop agreement, defined at §§ 660.150 

and 660.160, subpart D, which was 

submitted to NMFS during the 

application process for the coop permit. 

Mothership coop means a group of 

MS/CV-endorsed limited entry permit 

owners that are authorized by means of 

a coop permit to jointly harvest and 

process from a single coop allocation. 

Mothership coop program or MS coop 

program means the Mothership Coop 

Program described at § 660.150, subpart 

D, and includes both the coop and noncoop fisheries. 

Mutual agreement exception means, 

for the purpose of § 660.150, subpart D, 

an agreement that allows the owner of 

a MS/CV-endorsed limited entry permit 

to withdraw the catcher vessel’s 

obligation to a permitted mothership 

processor, when mutually agreed to 

with the mothership processor, and to 

deliver to a different permitted 

mothership processor. 

Pacific halibut set-aside means an 

amount of Pacific halibut annually set 

aside for the at-sea whiting fisheries 

(mothership and C/P sectors) and which 

is based on the trawl allocation of 

Pacific whiting. 

Pacific whiting IFQ fishery means a 

trip in which a vessel registered to a 

trawl-endorsed limited entry permit 

uses legal midwater groundfish trawl 

gear with a valid declaration for limited 

entry midwater trawl, Pacific whiting 

IFQ, as specified at § 660.13 (d)(5), 

subpart C, during the dates when the 

midwater Pacific whiting season is 

open. 

Pacific whiting shoreside first 

receivers means persons who first 

receive, purchase, or take custody, 

control, or possession of Pacific whiting 

onshore directly from a Pacific whiting 

shoreside vessel. 

Pacific whiting shoreside or shorebased fishery means Pacific whiting 

shoreside vessels and Pacific whiting 

shoreside first receivers. 

Pacific whiting shoreside vessel 

means any vessel that fishes using 

midwater trawl gear to take, retain, 

possess and land 4,000-lb (1,814 kg) or 

more of Pacific whiting per fishing trip 

from the Pacific whiting shore-based 

sector allocation for delivery to a Pacific 

whiting shoreside first receiver during 

the primary season. 

Processor obligation means an annual 

requirement for a MS/CV-endorsed 

limited entry permit to assign the 

amount of catch available from the 

permit’s catch history assignment to a 

particular MS permit. 

Quota pounds (QP) means the quotas, 

expressed in round weight of fish, that 

are issued annually to QS permit 

owners in the Shorebased IFQ Program 

based on the amount of QS they own 

and the amount of fish allocated to the 

shorebased IFQ fishery. QP have the 

same species/species group and area 

designations as the QS from which they 

are issued. 

Quota share (QS) means the amount 

of fishing quota, for an individual 

species/species group and area, 

expressed as a percentage of the annual 

allocation of fish to the Shorebased IFQ 

Program. The QS is used as the basis for 

the annual calculation and allocation of 

a QS permit owner’s QP in the 

Shorebased IFQ Program. Species for 

which QS will be issued for the 

Shorebased IFQ Program are listed at 

§ 660.140, subpart D. 


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Shorebased IFQ program means the 

Shorebased IFQ Program described at 

§ 660.140, subpart D. 

Vessel account means an account 

held by the vessel owner where QP are 

registered for use by a vessel in the 

Shorebased IFQ Program. 

Vessel limits means the maximum 

amount of QP a vessel can hold, acquire, 

and/or use during a calendar year. 

Vessel limits specify the maximum 

amount of QP that may be registered to 

a single vessel during the year (QP 

Vessel Limit) and, for some species, the 

maximum amount of unused QP 

registered to a vessel account at any one 

time (Unused QP Vessel Limit). 

§ 660.112 Trawl fishery—prohibitions. 

These prohibitions are specific to the 

limited entry trawl fisheries. General 

groundfish prohibitions are defined at 

§ 660.12, subpart C. In addition to the 

general prohibitions specified in 

§ 600.725 of this chapter, it is unlawful 

for any person or vessel to: 

(a) General—(1) Trawl gear 

endorsement. Fish with groundfish 

trawl gear, or carry groundfish trawl 

gear on board a vessel that also has 

groundfish on board, unless the vessel 

is registered for use with a valid limited 

entry permit with a trawl gear 

endorsement, with the following 

exception. 

(i) The vessel is in continuous transit 

from outside the fishery management 

area to a port in Washington, Oregon, or 

California; 

(ii) The vessel is registered to a 

limited entry MS permit with a valid 

mothership fishery declaration, in 

which case trawl nets and doors must be 

stowed in a secured and covered 

manner, and detached from all towing 

lines, so as to be rendered unusable for 

fishing. 

(2) Sorting. [Reserved] 

(3) Recordkeeping and reporting. (i) 

Fail to comply with all recordkeeping 

and reporting requirements at § 660.13, 

subpart C; including failure to submit 

information, submission of inaccurate 

information, or intentionally submitting 

false information on any report required 

at § 660.13(d), subpart C. 

(ii) Falsify or fail to make and/or file, 

retain or make available any and all 

reports of groundfish landings, 

containing all data, and in the exact 

manner, required by the regulation at 

§ 660.13, subpart C, or § 660.113, 

subpart D. 

(4) Fishing in conservation areas with 

trawl gear. (i) Operate any vessel 

registered to a limited entry permit with 

a trawl endorsement and trawl gear on 

board in an applicable GCA (defined at 

§ 660.11, subpart C and § 660.130(e), 

subpart D), except for purposes of 

continuous transiting, with all 

groundfish trawl gear stowed in 

accordance with § 660.130(e)(4), subpart 

D or except as authorized in the 

groundfish management measures 

published at § 660.130, subpart D. 

(ii) Fish with bottom trawl gear 

(defined at § 660.11, subpart C) 

anywhere within EFH seaward of a line 

approximating the 700-fm (1280-m) 

depth contour, as defined in § 660.76, 

subpart C. For the purposes of 

regulation, EFH seaward of 700-fm 

(1280-m) within the EEZ is described at 

§ 660.75, subpart C. 

(iii) Fish with bottom trawl gear 

(defined at § 660.11, subpart C) with a 

footrope diameter greater than 19 inches 

(48 cm) (including rollers, bobbins or 

other material encircling or tied along 

the length of the footrope) anywhere 

within EFH within the EEZ. For the 

purposes of regulation, EFH within the 

EEZ is described at § 660.75, subpart C. 

(iv) Fish with bottom trawl gear 

(defined at § 660.11, subpart C) with a 

footrope diameter greater than 8 inches 

(20 cm) (including rollers, bobbins or 

other material encircling or tied along 

the length of the footrope) anywhere 

within the EEZ shoreward of a line 

approximating the 100-fm (183-m) 

depth contour (defined at § 660.73, 

subpart C). 

(v) Fish with bottom trawl gear 

(defined at § 660.11, subpart C), within 

the EEZ in the following areas (defined 

at §§ 660.77 and 660.78, Subpart C): 

Olympic 2, Biogenic 1, Biogenic 2, 

Grays Canyon, Biogenic 3, Astoria 

Canyon, Nehalem Bank/Shale Pile, 

Siletz Deepwater, Daisy Bank/Nelson 

Island, Newport Rockpile/Stonewall 

Bank, Heceta Bank, Deepwater off Coos 

Bay, Bandon High Spot, Rogue Canyon. 

(vi) Fish with bottom trawl gear 

(defined at § 660.11, subpart C), other 

than demersal seine, unless otherwise 

specified in this section or § 660.381, 

within the EEZ in the following areas 

(defined at § 660.79, subpart C): Eel 

River Canyon, Blunts Reef, Mendocino 

Ridge, Delgada Canyon, Tolo Bank, 

Point Arena North, Point Arena South 

Biogenic Area, Cordell Bank/Biogenic 

Area, Farallon Islands/Fanny Shoal, 

Half Moon Bay, Monterey Bay/Canyon, 

Point Sur Deep, Big Sur Coast/Port San 

Luis, East San Lucia Bank, Point 

Conception, Hidden Reef/Kidney Bank 

(within Cowcod Conservation Area 

West), Catalina Island, Potato Bank 

(within Cowcod Conservation Area 

West), Cherry Bank (within Cowcod 

Conservation Area West), and Cowcod 

EFH Conservation Area East. 

(vii) Fish with bottom contact gear 

(defined at § 660.11, subpart C) within 

the EEZ in the following areas (defined 

at §§ 660.78 and 660.79, subpart C): 

Thompson Seamount, President Jackson 

Seamount, Cordell Bank (50-fm (91-m) 

isobath), Harris Point, Richardson Rock, 

Scorpion, Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. 

(viii) Fish with bottom contact gear 

(defined at § 660.11, subpart C), or any 

other gear that is deployed deeper than 

500-fm (914-m), within the Davidson 

Seamount area (defined at § 660.79, 

subpart C). 

(b) Shorebased IFQ fishery. [Reserved] 

(c) Mothership and Catcher/Processor 

Sectors. [Reserved] 

(d) Mothership Coop Program (Coop 

And Non-Coop Fisheries). [Reserved] 

(e) Catcher/Processor Coop Program. 

[Reserved] 

(f) Pacific Whiting Fisheries—(1) 

Pacific whiting vessel license 

requirements prior to trawl 

rationalization. Fish in any of the 

sectors of the whiting fishery described 

at § 660.131(a), subpart D, after May 11, 

2009 using a vessel that is not registered 

for use with a sector-appropriate Pacific 

whiting vessel license under § 660.26, 

subpart C. After May 11, 2009, vessels 

are prohibited from fishing, landing, or 

processing primary season Pacific 

whiting with a catcher/processor, 

mothership or mothership catcher 

vessel that has no history of 

participation within that specific sector 

of the whiting fishery during the period 

from January 1, 1997, through January 1, 

2007, or with a shoreside catcher vessels 

that has no history of participation 

within the shore-based sector of the 

whiting fishery during the period from 

January 1, 1994 through January 1, 2007, 

as specified in § 660.26(c), subpart C. 

For the purpose of this paragraph, 

‘‘historic participation’’ for a specific 

sector is the same as the qualifying 

criteria listed in § 660.26(c), subpart C. 

(i) If a Pacific whiting vessel license 

is registered for use with a vessel, fail 

to carry that license onboard the vessel 

registered for use with the license at any 

time the vessel is licensed. A photocopy 

of the license may not substitute for the 

license itself. 

(ii) [Reserved]. 

(2) Process whiting in the fishery 

management area during times or in 

areas where at-sea processing is 

prohibited for the sector in which the 

vessel participates, unless: 

(i) The fish are received from a 

member of a Pacific Coast treaty Indian 

tribe fishing under § 660.50, subpart C; 

(ii) The fish are processed by a wasteprocessing vessel according to 

§ 660.131(j), subpart D; or 


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(iii) The vessel is completing 

processing of whiting taken on board 

during that vessel’s primary season. 

(3) During times or in areas where atsea processing is prohibited, take and 

retain or receive whiting, except as 

cargo or fish waste, on a vessel in the 

fishery management area that already 

has processed whiting on board. An 

exception to this prohibition is provided 

if the fish are received within the tribal 

U&A from a member of a Pacific Coast 

treaty Indian tribe fishing under 

§ 660.50, subpart C. 

(4) Fish as a mothership if that vessel 

operates in the same calendar year as a 

catcher/processor in the whiting fishery, 

according to § 660.131, subpart D. 

(5) Operate as a waste-processing 

vessel within 48 hours of a primary 

season for whiting in which that vessel 

operates as a catcher/processor or 

mothership, according to § 660.131(j), 

subpart D. 

(6) On a vessel used to fish for 

whiting, fail to keep the trawl doors on 

board the vessel, when taking and 

retention is prohibited under 

§ 660.131(f), subpart D. 

(7) Sort or discard any portion of the 

catch taken by a catcher vessel in the 

mothership sector prior to the catch 

being received on a mothership, and 

prior to the observer being provided 

access to the unsorted catch, with the 

exception of minor amounts of catch 

that are lost when the codend is 

separated from the net and prepared for 

transfer. 

(8) Pacific whiting shoreside first 

receivers. (i) [Reserved]. 

(ii) Fail to sort fish received from a 

Pacific whiting shoreside vessel prior to 

first weighing after offloading as 

specified at § 660.131(k)(2), subpart D 

for the Pacific whiting fishery. 

(iii) Process, sell, or discard any 

groundfish received from a Pacific 

whiting shoreside vessel that has not 

been weighed on a scale that is in 

compliance with requirements at 

§ 660.131(k)(1)(i), subpart D, and 

accounted for on an electronic fish 

ticket with the identification number for 

the Pacific whiting shoreside vessel that 

delivered the fish. 

(iv) Fail to weigh fish landed from a 

Pacific whiting shoreside vessel prior to 

transporting any fish from that landing 

away from the point of landing. 

§ 660.113 Trawl fishery—recordkeeping 

and reporting. 

General groundfish recordkeeping and 

reporting requirements are defined at 

§ 660.13, subpart C. The following 

recordkeeping and reporting 

requirements are in addition to those 

and are specific to the limited entry 

trawl fisheries. 

(a) IFQ program. [Reserved]. 

(b) Mothership coop program (coop 

and non-coop fisheries). [Reserved]. 

(c) Catcher/processor coop program. 

[Reserved]. 

(d) Participants in the Pacific whiting 

shoreside fishery prior to trawl 

rationalization. Reporting requirements 

defined in the following section are in 

addition to reporting requirements 

under applicable state law and 

requirements described at § 660.13, 

subpart C. 

(1) Reporting requirements for any 

Pacific whiting shoreside first receiver. 

(i) Responsibility for compliance. The 

Pacific whiting shoreside first receiver 

is responsible for compliance with all 

reporting requirements described in this 

paragraph. 

(ii) General requirements. All records 

or reports required by this paragraph 

must: be maintained in English, be 

accurate, be legible, be based on local 

time, and be submitted in a timely 

manner as required in paragraph 

(d)(1)(iv)(E) of this section. 

(iii) Required information. All Pacific 

whiting shoreside first receivers must 

provide the following types of 

information: date of landing, Pacific 

whiting shoreside vessel that made the 

delivery, gear type used, first receiver, 

round weights of species landed listed 

by species or species group including 

species with no value, number of 

salmon by species, number of Pacific 

halibut, and any other information 

deemed necessary by the Regional 

Administrator as specified on the 

appropriate electronic fish ticket form. 

(iv) Electronic fish ticket submissions. 

The Pacific whiting shoreside first 

receiver must: 

(A) Sort all fish, prior to first 

weighing, by species or species groups 

as specified at § 660.131(l)(2)(ii), subpart 

D. 

(B) Include as part of each electronic 

fish ticket submission, the actual scale 

weight for each groundfish species as 

specified by requirements at 

§ 660.131(l)(i), subpart D, and the 

Pacific whiting shoreside vessel 

identification number. 

(C) Use for the purpose of submitting 

electronic fish tickets, and maintain in 

good working order, computer 

equipment as specified at § 660.15(d), 

subpart C; 

(D) Install, use, and update as 

necessary, any NMFS-approved 

software described at § 660.15(d), 

subpart C; 

(E) Submit a completed electronic fish 

ticket for every landing that includes 

4,000-lb (1,814 kg) or more of Pacific 

whiting (round weight equivalent) no 

later than 24 hours after the date the fish 

are received, unless a waiver of this 

requirement has been granted under 

provisions specified below at paragraph 

(d)(1)(vii) of this section. 

(v) Revising a submitted electronic 

fish ticket submission. In the event that 

a data error is found, electronic fish 

ticket submissions may be revised by 

resubmitting the revised form. 

Electronic fish tickets are to be used for 

the submission of final data. 

Preliminary data, including estimates of 

fish weights or species composition, 

shall not be submitted on electronic fish 

tickets. 

(vi) Retention of Records. [Reserved]. 

(vii) Waivers for submission of 

electronic fish tickets upon written 

request. On a case-by-case basis, a 

temporary written waiver of the 

requirement to submit electronic fish 

tickets may be granted by the Assistant 

Regional Administrator or designee if 

he/she determines that circumstances 

beyond the control of a Pacific whiting 

shoreside first receiver would result in 

inadequate data submissions using the 

electronic fish ticket system. The 

duration of the waiver will be 

determined on a case-by-case basis. 

(viii) Reporting requirements when a 

temporary waiver has been granted. 

Pacific whiting shoreside first receivers 

that have been granted a temporary 

waiver from the requirement to submit 

electronic fish tickets must submit on 

paper the same data as is required on 

electronic fish tickets within 24 hours of 

the date received during the period that 

the waiver is in effect. Paper state 

landing receipts must be sent by 

facsimile to NMFS, Northwest Region, 

Sustainable Fisheries Division, 206– 

526–6736 or by delivering it in person 

to 7600 Sand Point Way NE., Seattle, 

WA 98115. The requirements for 

submissions of paper tickets in this 

paragraph are separate from, and in 

addition to existing state requirements 

for landing receipts or fish receiving 

tickets. 

(2) [Reserved]. 

§ 660.116 Trawl fishery—observer 

requirements. 

(a) Observer coverage requirements— 

(1) NMFS-certified observers. 

(i) A catcher/processor or mothership 

125-ft (38.1-m) LOA or longer must 

carry two NMFS-certified observers, and 

a catcher/processor or mothership 

shorter than 125-ft (38.1-m) LOA must 

carry one NMFS-certified observer, each 

day that the vessel is used to take, 

retain, receive, land, process, or 

transport groundfish. 


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(ii) A Pacific whiting shoreside vessel 

that sorts catch at sea must carry one 

NMFS-certified observer, from the time 

the vessel leaves port on a trip in which 

the catch is sorted at sea to the time that 

all catch from that trip has been 

offloaded. 

(2) Catcher vessels. When NMFS 

notifies the owner, operator, permit 

holder, or the manager of a catcher 

vessel, specified at § 660.16(c), Subpart 

C of any requirement to carry an 

observer, the catcher vessel may not be 

used to fish for groundfish without 

carrying an observer. 

(i) Notice of departure—basic rule. At 

least 24 hours (but not more than 36 

hours) before departing on a fishing trip, 

a vessel that has been notified by NMFS 

that it is required to carry an observer, 

or that is operating in an active 

sampling unit, must notify NMFS (or its 

designated agent) of the vessel’s 

intended time of departure. Notice will 

be given in a form to be specified by 

NMFS. 

(A) Optional notice—weather delays. 

A vessel that anticipates a delayed 

departure due to weather or sea 

conditions may advise NMFS of the 

anticipated delay when providing the 

basic notice described in paragraph 

(a)(2)(i) of this section. If departure is 

delayed beyond 36 hours from the time 

the original notice is given, the vessel 

must provide an additional notice of 

departure not less than 4 hours prior to 

departure, in order to enable NMFS to 

place an observer. 

(B) Optional notice—back-to-back 

fishing trips. A vessel that intends to 

make back-to-back fishing trips (i.e., 

trips with less than 24 hours between 

offloading from one trip and beginning 

another), may provide the basic notice 

described in paragraph (a)(2)(i) of this 

section for both trips, prior to making 

the first trip. A vessel that has given 

such notice is not required to give 

additional notice of the second trip. 

(ii) Cease fishing report. Within 24 

hours of ceasing the taking and retaining 

of groundfish, vessel owners, operators, 

or managers must notify NMFS or its 

designated agent that fishing has ceased. 

This requirement applies to any vessel 

that is required to carry an observer, or 

that is operating in a segment of the fleet 

that NMFS has identified as an active 

sampling unit. 

(b) Waiver. The Northwest Regional 

Administrator may provide written 

notification to the vessel owner stating 

that a determination has been made to 

temporarily waive coverage 

requirements because of circumstances 

that are deemed to be beyond the 

vessel’s control. 

(c) Procurement of observer services 

by catcher/processors, motherships, and 

Pacific whiting shoreside vessels that 

sort at sea. Owners of vessels required 

to carry observers under provisions at 

paragraph (a)(1)(i) or (ii) of this section 

must arrange for observer services from 

an observer provider permitted by the 

North Pacific Groundfish Observer 

Program under 50 CFR 679.50(i), except 

that: 

(1) Vessels are required to procure 

observer services directly from NMFS 

when NMFS has determined and given 

notification that the vessel must carry 

NMFS staff or an individual authorized 

by NMFS in lieu of an observer 

provided by a permitted observer 

provider. 

(2) Vessels are required to procure 

observer services directly from NMFS 

and a permitted observer provider when 

NMFS has determined and given 

notification that the vessel must carry 

NMFS staff or individuals authorized by 

NMFS, in addition to an observer 

provided by a permitted observer 

provider. 

(d) Vessel responsibilities. An 

operator of a vessel required to carry 

one or more observer(s) must provide: 

(1) Accommodations and food. 

Provide accommodations and food that 

are: 

(i) At-sea processors. Equivalent to 

those provided for officers, engineers, 

foremen, deck-bosses or other 

management level personnel of the 

vessel. 

(ii) Catcher vessels. Equivalent to 

those provided to the crew. 

(2) Safe conditions. Maintain safe 

conditions on the vessel for the 

protection of observer(s) including 

adherence to all USCG and other 

applicable rules, regulations, or statutes 

pertaining to safe operation of the 

vessel, and provisions at §§ 600.725 and 

600.746 of this chapter. 

(3) Observer communications. 

Facilitate observer communications by: 

(i) Observer use of equipment. 

Allowing observer(s) to use the vessel’s 

communication equipment and 

personnel, on request, for the entry, 

transmission, and receipt of workrelated messages, at no cost to the 

observer(s) or the U.S. or designated 

agent. 

(ii) Functional equipment. Ensuring 

that the vessel’s communications 

equipment, used by observers to enter 

and transmit data, is fully functional 

and operational. 

(iii) Hardware and software. Pacific 

whiting vessels that are required to 

carry one or more NMFS-certified 

observers under provisions at 

paragraphs (a)(1)(i) or (ii) of this section 

must provide hardware and software 

pursuant to regulations at 50 CFR 

679.50(g)(1)(iii)(B) and 50 CFR 

679.50(g)(2)(iii), as follows: 

(A) Providing for use by the observer 

a personal computer in working 

condition that contains a full Pentium 

120 Mhz or greater capacity processing 

chip, at least 32 megabytes of RAM, at 

least 75 megabytes of free hard disk 

storage, a Windows 9x or NT compatible 

operating system, an operating mouse, 

and a 3.5-inch (8.9 cm) floppy disk 

drive. The associated computer monitor 

must have a viewable screen size of at 

least 14.1 inches (35.8 cm) and 

minimum display settings of 600×800 

pixels. The computer equipment 

specified in this paragraph (A) must be 

connected to a communication device 

that provides a modem connection to 

the NMFS host computer and supports 

one or more of the following protocols: 

ITU V.22, ITU V.22bis, ITU V.32, ITU 

V.32bis, or ITU V.34. Processors that use 

a modem must have at least a 28.8kbs 

Hayes-compatible modem. The abovespecified hardware and software 

requirements do not apply to processors 

that do not process groundfish. 

(B) NMFS-supplied software. 

Ensuring that each vessel that is 

required to carry a NMFS-certified 

observer obtains the data entry software 

provided by the NMFS for use by the 

observer. 

(4) Vessel position. Allow observer(s) 

access to, and the use of, the vessel’s 

navigation equipment and personnel, on 

request, to determine the vessel’s 

position. 

(5) Access. Allow observer(s) free and 

unobstructed access to the vessel’s 

bridge, trawl or working decks, holding 

bins, processing areas, freezer spaces, 

weight scales, cargo holds, and any 

other space that may be used to hold, 

process, weigh, or store fish or fish 

products at any time. 

(6) Prior notification. Notify 

observer(s) at least 15 minutes before 

fish are brought on board, or fish and 

fish products are transferred from the 

vessel, to allow sampling the catch or 

observing the transfer, unless the 

observer specifically requests not to be 

notified. 

(7) Records. Allow observer(s) to 

inspect and copy any state or Federal 

logbook maintained voluntarily or as 

required by regulation. 

(8) Assistance. Provide all other 

reasonable assistance to enable 

observer(s) to carry out their duties, 

including, but not limited to: 

(i) Measuring decks, codends, and 

holding bins. 

(ii) Providing the observer(s) with a 

safe work area. 


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(iii) Collecting bycatch when 

requested by the observer(s). 

(iv) Collecting and carrying baskets of 

fish when requested by the observer(s). 

(v) Allowing the observer(s) to collect 

biological data and samples. 

(vi) Providing adequate space for 

storage of biological samples. 

(9) At-sea transfers to or from 

processing vessels. Processing vessels 

must: 

(i) Ensure that transfers of observers at 

sea via small boat or raft are carried out 

during daylight hours, under safe 

conditions, and with the agreement of 

observers involved. 

(ii) Notify observers at least 3 hours 

before observers are transferred, such 

that the observers can collect personal 

belongings, equipment, and scientific 

samples. 

(iii) Provide a safe pilot ladder and 

conduct the transfer to ensure the safety 

of observers during transfers. 

(iv) Provide an experienced crew 

member to assist observers in the small 

boat or raft in which any transfer is 

made. 

(e) Sample station and operational— 

(1) Observer sampling station. This 

paragraph contains the requirements for 

observer sampling stations. The vessel 

owner must provide an observer 

sampling station that complies with this 

section so that the observer can carry 

out required duties. 

(i) Accessibility. The observer 

sampling station must be available to 

the observer at all times. 

(ii) Location. The observer sampling 

station must be located within 4 m of 

the location from which the observer 

samples unsorted catch. Unobstructed 

passage must be provided between the 

observer sampling station and the 

location where the observer collects 

sample catch. 

(iii) Minimum work space aboard atsea processing vessels. The observer 

must have a working area of 4.5 square 

meters, including the observer’s 

sampling table, for sampling and storage 

of fish to be sampled. The observer must 

be able to stand upright and have a work 

area at least 0.9 m deep in the area in 

front of the table and scale. 

(iv) Table aboard at-sea processing 

vessels. The observer sampling station 

must include a table at least 0.6 m deep, 

1.2 m wide and 0.9 m high and no more 

than 1.1 m high. The entire surface area 

of the table must be available for use by 

the observer. Any area for the observer 

sampling 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. 

(v) Diverter board aboard at-sea 

processing vessels. The conveyor belt 

conveying unsorted catch must have a 

removable board (diverter board) to 

allow all fish to be diverted from the 

belt directly into the observer’s 

sampling baskets. The diverter board 

must be located downstream of the scale 

used to weigh total catch. At least 1 m 

of accessible belt space, located 

downstream of the scale used to weight 

total catch, must be available for the 

observer’s use when sampling. 

(vi) Other requirement for at-sea 

processing vessels. The sampling station 

must be in a well-drained area that 

includes floor grating (or other material 

that prevents slipping), lighting 

adequate for day or night sampling, and 

a hose that supplies fresh or sea water 

to the observer. 

(vii) Observer sampling scale. The 

observer sample station must include a 

NMFS-approved platform scale 

(pursuant to requirements at 50 CFR 

679.28(d)(5)) with a capacity of at least 

50 kg located within 1 m of the 

observer’s sampling table. The scale 

must be mounted so that the weighing 

surface is no more than 0.7 m above the 

floor. 

§ 660.120 Trawl fishery—crossover 

provisions. 

(a) General. In addition to the General 

provisions listed at § 660.60, subpart C, 

the crossover provisions of this section 

apply to vessels operating in the limited 

entry trawl fishery. 

(b) Operating in north-south 

management areas with different trip 

limits—(1) Minor Rockfish. 

(i) If a trawl vessel takes and retains 

minor shelf rockfish south of 40°10′ N. 

lat., that vessel is also permitted to take 

and retain, possess, or land yellowtail 

rockfish up to its cumulative limits 

north of 40°10′ N. lat., even if yellowtail 

rockfish is part of the landings from 

minor shelf rockfish taken and retained 

south of 40°10′ N. lat. Widow rockfish 

is included in overall shelf rockfish 

limits for all gear groups. 

(ii) If a trawl vessel takes and retains 

minor shelf rockfish north of 40°10′ N. 

lat., that vessel is also permitted to take 

and retain, possess, or land chilipepper 

rockfish up to its cumulative limits 

south of 40°10′ N. lat., even if 

chilipepper rockfish is part of the 

landings from minor shelf rockfish 

taken and retained north of 40°10′ N. lat. 

(2) DTS complex. Differential trawl 

trip limits for the ‘‘DTS complex’’ north 

and south of latitudinal management 

lines may be specified in trip limits, 

Table 1 (North) and Table 1 (South) of 

this subpart. Vessels operating in the 

limited entry trawl fishery are subject to 

the crossover provisions in this 

paragraph when making landings that 

include any one of the four species in 

the ‘‘DTS complex.’’ 

(3) Flatfish complex. There are often 

differential trip limits for the flatfish 

complex (butter, curlfin, English, 

flathead, petrale, rex, rock, and sand 

soles, Pacific sanddab, and starry 

flounder) north and south of latitudinal 

management lines. Vessels operating in 

the limited entry trawl fishery are 

subject to the crossover provisions in 

this paragraph when making landings 

that include any one of the species in 

the flatfish complex. 

§ 660.130 Trawl fishery—management 

measures. 

(a) General. Limited entry trawl 

vessels include those vessels registered 

to a limited entry permit with a trawl 

endorsement. Most species taken in 

limited entry trawl fisheries will be 

managed with cumulative trip limits 

(see trip limits in Tables 1 (North) and 

1 (South) of this subpart), size limits 

(see § 660.60 (h)(5), subpart C), seasons 

(see Pacific whiting at § 660.131(b), 

subpart D), gear restrictions (see 

paragraph (b) of this section) and closed 

areas (see paragraph (e) of this section 

and §§ 660.70 through 660.79, subpart 

C). The trawl fishery has gear 

requirements and trip limits that differ 

by the type of trawl gear on board and 

the area fished. Cowcod retention is 

prohibited in all fisheries and 

groundfish vessels operating south of 

Point Conception must adhere to CCA 

restrictions (see paragraph (e)(1) of this 

section and § 660.70, subpart C). The 

trip limits in Tables 1 (North) and 1 

(South) of this subpart apply to vessels 

participating in the limited entry 

groundfish trawl fishery and may not be 

exceeded. Federal commercial 

groundfish regulations are not intended 

to supersede any more restrictive state 

commercial groundfish regulations 

relating to federally-managed 

groundfish. 

(b) Trawl gear requirements and 

restrictions. Trawl nets may be fished 

with or without otter boards, and may 

use warps or cables to herd fish. 

(1) Codends. Only single-walled 

codends may be used in any trawl. 

Double-walled codends are prohibited. 

(2) Mesh size. Groundfish trawl gear 

must meet the minimum mesh size 

requirements in this paragraph. Mesh 

size requirements apply throughout the 

net. Minimum trawl mesh sizes are: 

bottom trawl, 4.5 inches (11.4 cm); 

midwater trawl, 3.0 inches (7.6 cm). 

Minimum trawl mesh size requirements 

are met if a 20-gauge stainless steel 

wedge, less one thickness of the metal 

wedge, can be passed with only thumb 


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pressure through at least 16 of 20 sets 

of two meshes each of wet mesh. 

(3) Chafing gear. Chafing gear may 

encircle no more than 50 percent of the 

net’s circumference. No section of 

chafing gear may be longer than 50 

meshes of the net to which it is 

attached. Chafing gear may be used only 

on the last 50 meshes, measured from 

the terminal (closed) end of the codend. 

Except at the corners, the terminal end 

of each section of chafing gear on all 

trawl gear must not be connected to the 

net. (The terminal end is the end 

farthest from the mouth of the net.) 

Chafing gear must be attached outside 

any riblines and restraining straps. 

There is no limit on the number of 

sections of chafing gear on a net. 

(4) Large footrope trawl gear. Large 

footrope gear is bottom trawl gear with 

a footrope diameter larger than 8 inches 

(20 cm) (including rollers, bobbins or 

other material encircling or tied along 

the length of the footrope). Fishing with 

bottom trawl gear with a footrope 

diameter greater than 19 inches (48 cm) 

(including rollers, bobbins, or other 

material encircling or tied along the 

length of the footrope) is prohibited 

anywhere in EFH within the EEZ, as 

defined by latitude/longitude 

coordinates at § 660.75, subpart C. 

(5) Small footrope trawl gear. Small 

footrope gear is bottom trawl gear with 

a footrope diameter of 8 inches (20 cm) 

or smaller (including rollers, bobbins or 

other material encircling or tied along 

the length of the footrope). Other lines 

or ropes that run parallel to the footrope 

may not be augmented with material 

encircling or tied along their length 

such that they have a diameter larger 

than 8 inches (20 cm). For enforcement 

purposes, the footrope will be measured 

in a straight line from the outside edge 

to the opposite outside edge at the 

widest part on any individual part, 

including any individual disk, roller, 

bobbin, or any other device. 

(i) Selective flatfish trawl gear. 

Selective flatfish trawl gear is a type of 

small footrope trawl gear. The selective 

flatfish trawl net must be a two-seamed 

net with no more than two riblines, 

excluding the codend. The breastline 

may not be longer than 3 ft (0.92 m) in 

length. There may be no floats along the 

center third of the headrope or attached 

to the top panel except on the riblines. 

The footrope must be less than 105 ft 

(32.26 m) in length. The headrope must 

be not less than 30 percent longer than 

the footrope. An explanatory diagram of 

a selective flatfish trawl net is provided 

as Figure 1 of part 660, subpart D. 

(ii) [Reserved]. 

(6) Midwater (or pelagic) trawl gear. 

Midwater trawl gear must have 

unprotected footropes at the trawl 

mouth, and must not have rollers, 

bobbins, tires, wheels, rubber discs, or 

any similar device anywhere on any 

part of the net. The footrope of 

midwater gear may not be enlarged by 

encircling it with chains or by any other 

means. Ropes or lines running parallel 

to the footrope of midwater trawl gear 

must be bare and may not be suspended 

with chains or any other materials. 

Sweep lines, including the bottom leg of 

the bridle, must be bare. For at least 20 

ft. (6.15 m) immediately behind the 

footrope or headrope, bare ropes or 

mesh of 16-inch (40.6–cm) minimum 

mesh size must completely encircle the 

net. A band of mesh (a ‘‘skirt’’) may 

encircle the net under transfer cables, 

lifting or splitting straps (chokers), but 

must be: Over riblines and restraining 

straps; the same mesh size and coincide 

knot-to-knot with the net to which it is 

attached; and no wider than 16 meshes. 

(c) Cumulative trip limits and 

prohibitions by limited entry trawl gear 

type. Management measures may vary 

depending on the type of trawl gear (i.e., 

large footrope, small footrope, selective 

flatfish, or midwater trawl gear) used 

and/or on board a vessel during a 

fishing trip, cumulative limit period, 

and the area fished. Trawl nets may be 

used on and off the seabed. For some 

species or species groups, Table 1 

(North) and Table 1 (South) of this 

subpart provide cumulative and/or trip 

limits that are specific to different types 

of trawl gear: Large footrope, small 

footrope (including selective flatfish), 

selective flatfish, midwater, and 

multiple types. If Table 1 (North) and 

Table 1 (South) of this subpart provide 

gear specific limits for a particular 

species or species group, it is unlawful 

to take and retain, possess or land that 

species or species group with limited 

entry trawl gears other than those listed. 

(1) Fishing with large footrope trawl 

gear. It is unlawful for any vessel using 

large footrope gear to fish for groundfish 

shoreward of the RCAs defined at 

paragraph (e)(4) of this section and at 

§§ 660.70 through 660.74, subpart C. 

The use of large footrope gear is 

permitted seaward of the RCAs 

coastwide. 

(2) Fishing with small footrope trawl 

gear. North of 40°10′ N. lat., it is 

unlawful for any vessel using small 

footrope gear (except selective flatfish 

gear) to fish for groundfish or have small 

footrope trawl gear (except selective 

flatfish gear) onboard while fishing 

shoreward of the RCA defined at 

paragraph (d) of this section and at 

§§ 660.70 through 660.74, subpart C. 

South of 40°10′ N. lat., small footrope 

gear is required shoreward of the RCA. 

Small footrope gear is permitted 

seaward of the RCA coastwide. 

(i) North of 40°10′ N. lat., selective 

flatfish gear is required shoreward of the 

RCA defined at paragraph (d) of this 

section and at §§ 660.70, through 

660.74, subpart C. South of 40°10′ N. 

lat., selective flatfish gear is permitted, 

but not required, shoreward of the RCA. 

The use of selective flatfish trawl gear 

is permitted seaward of the RCA 

coastwide. 

(ii) [Reserved]. 

(3) Fishing with midwater trawl gear. 

North of 40°10′ N. lat., midwater trawl 

gear is permitted only for vessels 

participating in the primary Pacific 

whiting fishery (for details on the 

Pacific whiting fishery see § 660.131, 

subpart D.) South of 40°10′ N. lat., the 

use of midwater trawl gear is prohibited 

shoreward of the RCA and permitted 

seaward of the RCA. 

(4) More than one type of trawl gear 

on board. The cumulative trip limits in 

Table 1 (North) or Table 1 (South) of 

this subpart must not be exceeded. 

(i) The following restrictions apply to 

vessels operating north of 40°10′ N. lat.: 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear onboard 

simultaneously. A vessel may not have 

both bottom trawl gear and midwater 

trawl gear onboard simultaneously. A 

vessel may have more than one type of 

limited entry bottom trawl gear on 

board, either simultaneously or 

successively, during a cumulative limit 

period. 

(B) If a vessel fishes exclusively with 

large or small footrope trawl gear during 

an entire cumulative limit period, the 

vessel is subject to the small or large 

footrope trawl gear cumulative limits 

and that vessel must fish seaward of the 

RCA during that limit period. 

(C) If a vessel fishes exclusively with 

selective flatfish trawl gear during an 

entire cumulative limit period, then the 

vessel is subject to the selective flatfish 

trawl gear-cumulative limits during that 

limit period, regardless of whether the 

vessel is fishing shoreward or seaward 

of the RCA. 

(D) If more than one type of bottom 

trawl gear (selective flatfish, large 

footrope, or small footrope) is on board, 

either simultaneously or successively, at 

any time during a cumulative limit 

period, then the most restrictive 

cumulative limit associated with the 

bottom trawl gear on board during that 

cumulative limit period applies for the 

entire cumulative limit period, 

regardless of whether the vessel is 

fishing shoreward or seaward of the 

RCA. 


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(E) If a vessel fishes both north and 

south of 40°10′ N. lat. with any type of 

small footrope gear onboard the vessel 

at any time during the cumulative limit 

period, the most restrictive trip limit 

associated with the gear on board 

applies for that trip and will count 

toward the cumulative trip limit for that 

gear. (See crossover provisions at 

§ 660.120, subpart D.) 

(F) Midwater trawl gear is allowed 

only for vessels participating in the 

primary whiting season. 

(ii) The following restrictions apply to 

vessels operating south of 40°10′ N. lat.: 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear onboard 

simultaneously. A vessel may not have 

both bottom trawl gear and midwater 

trawl gear onboard simultaneously. A 

vessel may not have small footrope 

trawl gear and any other type of bottom 

trawl gear onboard simultaneously. 

(B) For vessels using more than one 

type of trawl gear during a cumulative 

limit period, limits are additive up to 

the largest limit for the type of gear used 

during that period. (Example: If a vessel 

harvests 300 lbs. (136 kg) of chilipepper 

rockfish with small footrope-gear, it may 

harvest up to 11,700 lbs. (5,209 kg) of 

chilipepper rockfish with large footrope 

gear during the July and August 

cumulative period, because the largest 

cumulative limit for chilipepper 

rockfish during that period is 12,000 lbs. 

(5,443 kg) for large footrope gear.) 

(C) If a vessel fishes both north and 

south of 40°10′ N. lat. with any type of 

small footrope gear onboard the vessel 

at any time during the cumulative limit 

period, the most restrictive trip limit 

associated with the gear on board 

applies for that trip and will count 

toward the cumulative trip limit for that 

gear (See crossover provisions at 

§ 660.120, subpart D.) 

(d) Sorting. Under § 660.12 (a)(8), 

subpart C, it is unlawful for any person 

to ‘‘fail to sort, prior to the first weighing 

after offloading, those groundfish 

species or species groups for which 

there is a trip limit, size limit, scientific 

sorting designation, quota, harvest 

guideline, or OY, if the vessel fished or 

landed in an area during a time when 

such trip limit, size limit, scientific 

sorting designation, quota, harvest 

guideline, or OY applied.’’ The States of 

Washington, Oregon, and California 

may also require that vessels record 

their landings as sorted on their state 

landing receipt. 

(1) Coastwide. Widow rockfish, 

canary rockfish, darkblotched rockfish, 

yelloweye rockfish, shortbelly rockfish, 

black rockfish, blue rockfish, minor 

nearshore rockfish, minor shelf rockfish, 

minor slope rockfish, shortspine and 

longspine thornyhead, Dover sole, 

arrowtooth flounder, petrale sole, starry 

flounder, English sole, other flatfish, 

lingcod, sablefish, Pacific cod, spiny 

dogfish, other fish, longnose skate, and 

Pacific whiting; 

(2) North of 40°10′ N. lat. POP, 

yellowtail rockfish; 

(3) South of 40°10′ N. lat. Minor 

shallow nearshore rockfish, minor 

deeper nearshore rockfish, California 

scorpionfish, chilipepper rockfish, 

bocaccio rockfish, splitnose rockfish, 

Pacific sanddabs, cowcod, 

bronzespotted rockfish and cabezon. 

(e) Groundfish conservation areas 

(GCAs) applicable to trawl vessels. A 

GCA, a type of closed area, is a 

geographic area defined by coordinates 

expressed in degrees of latitude and 

longitude. The latitude and longitude 

coordinates of the GCA boundaries are 

specified at §§ 660.70 through 660.74, 

subpart C. A vessel that is fishing within 

a GCA listed in this paragraph (d) with 

trawl gear authorized for use within a 

GCA may not have any other type of 

trawl gear on board the vessel. The 

following GCAs apply to vessels 

participating in the limited entry trawl 

fishery. Additional closed areas that 

specifically apply to the Pacific whiting 

fisheries are described at § 660.131(c), 

subpart D. 

(1) Cowcod conservation areas 

(CCAs). Vessels using limited entry 

trawl gear are prohibited from fishing 

within the CCAs. See § 660.70 for the 

coordinates that define the CCAs. 

Limited entry trawl vessels may transit 

through the Western CCA with their 

gear stowed and groundfish on board 

only in a corridor through the Western 

CCA bounded on the north by the 

latitude line at 33°00.50′ N. lat., and 

bounded on the south by the latitude 

line at 32°59.50′ N. lat. It is unlawful to 

take and retain, possess, or land 

groundfish within the CCAs, except as 

authorized in this paragraph, when 

those waters are open to fishing. 

(2) Farallon islands. Under California 

law, commercial fishing for all 

groundfish is prohibited between the 

shoreline and the 10-fm (18-m) depth 

contour around the Farallon Islands. 

(See § 660.70, subpart C.) 

(3) Cordell Banks. Commercial fishing 

for groundfish is prohibited in waters of 

depths less than 100-fm (183-m) around 

Cordell Banks as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C. 

(4) Trawl rockfish conservation areas. 

The trawl RCAs are closed areas, 

defined by specific latitude and 

longitude coordinates which are 

specified at §§ 660.70 through 660.74, 

subpart C. Boundaries for the trawl 

RCAs applicable to groundfish trawl 

vessels throughout the year are provided 

in the header to Table 1 (North) and 

Table 1 (South) of this subpart and may 

be modified by NMFS inseason 

pursuant to § 660.60(c), subpart C. 

(i) It is unlawful to operate a vessel 

with trawl gear onboard within the 

trawl RCA, except for the purpose of 

continuous transiting, or when the use 

of trawl gear is authorized in this 

section. It is lawful to fish with 

groundfish trawl gear within the trawl 

RCA only under the following 

conditions: Vessels fishing with 

midwater trawl gear on Pacific whiting 

trips during the primary whiting season, 

provided a valid declaration report has 

been filed with NMFS OLE, as required 

at § 660.12(d), subpart C; and vessels 

fishing with demersal seine gear 

between 38° N. lat. and 36° N. lat. 

shoreward of a boundary line 

approximating the 100 fm (183 m) depth 

contour as defined at § 660.73, subpart 

C, provided a valid declaration report 

has been filed. 

(ii) Trawl vessels may transit through 

an applicable GCA, with or without 

groundfish on board, provided all 

groundfish trawl gear is stowed either: 

Below deck; or if the gear cannot readily 

be moved, in a secured and covered 

manner, detached from all towing lines, 

so that it is rendered unusable for 

fishing; or remaining on deck uncovered 

if the trawl doors are hung from their 

stanchions and the net is disconnected 

from the doors. These restrictions do not 

apply to vessels fishing with midwater 

trawl gear for whiting during a primary 

season. 

(iii) It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry trawl gear within the trawl 

RCA, unless otherwise authorized in 

this section. 

(iv) If a vessel fishes in the trawl RCA, 

it may not participate in any fishing on 

that trip that is prohibited within the 

trawl RCA. [For example, if a vessel 

fishes in the pink shrimp fishery within 

the RCA, the vessel cannot on the same 

trip fish in the DTS fishery seaward of 

the RCA.] Nothing in these Federal 

regulations supersedes any state 

regulations that may prohibit trawling 

shoreward of the fishery management 

area (3–200 nm). 

(5) Essential fish habitat conservation 

areas. An EFHCA, a type of closed area, 

is a geographic area defined by 

coordinates expressed in degrees of 

latitude and longitude at §§ 660.75 

through 660.79, subpart C, where 

specified types of fishing are prohibited 

in accordance with § 660.12, subpart C. 

EFHCAs apply to vessels using bottom 


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trawl gear or to vessels using ‘‘bottom 

contact gear,’’ which is defined at 

§ 660.11, subpart C, to include bottom 

trawl gear, among other gear types. 

(i) The following EFHCAs apply to 

vessels operating within the West Coast 

EEZ with bottom trawl gear: 

(A) Seaward of a boundary line 

approximating the 700-fm (1280-m) 

depth contour. Fishing with bottom 

trawl gear is prohibited in waters of 

depths greater than 700-fm (1280-m) 

within the EFH, as defined by specific 

latitude and longitude coordinates at 

§§ 660.75 and 660.76, subpart C. 

(B) Shoreward of a boundary line 

approximating the 100-fm (183-m) 

depth contour. Fishing with bottom 

trawl gear with a footrope diameter 

greater than 8 inches (20-cm) is 

prohibited in waters shoreward of a 

boundary line approximating the 100-fm 

(183-m) depth contour, as defined by 

specific latitude and longitude 

coordinates at § 660.73, subpart C. 

(C) EFHCAs for all bottom trawl gear. 

Fishing with bottom trawl gear is 

prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§§ 660.77 through 660.78, subpart C: 

Olympic 2, Biogenic 1, Biogenic 2, 

Grays Canyon, Biogenic 3, Astoria 

Canyon, Nehalem Bank/Shale Pile, 

Siletz Deepwater, Daisy Bank/Nelson 

Island, Newport Rockpile/Stonewall 

Bank, Heceta Bank, Deepwater off Coos 

Bay, Bandon High Spot, Rogue Canyon. 

(D) EFHCAs for all bottom trawl gear, 

except demersal seine gear. Fishing 

with bottom trawl gear except demersal 

seine gear (defined at § 660.11, subpart 

C) is prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§ 660.79, subpart C: Eel River Canyon, 

Blunts Reef, Mendocino Ridge, Delgada 

Canyon, Tolo Bank, Point Arena North, 

Point Arena South Biogenic Area, 

Cordell Bank/Biogenic Area, Farallon 

Islands/Fanny Shoal, Half Moon Bay, 

Monterey Bay/Canyon, Point Sur Deep, 

Big Sur Coast/Port San Luis, East San 

Lucia Bank, Point Conception, Hidden 

Reef/Kidney Bank (within Cowcod 

Conservation Area West), Catalina 

Island, Potato Bank (within Cowcod 

Conservation Area West), Cherry Bank 

(within Cowcod Conservation Area 

West), and Cowcod EFH Conservation 

Area East. 

(ii) EFHCAs for bottom contact gear, 

which includes bottom trawl gear. 

Fishing with bottom contact gear, 

including bottom trawl gear is 

prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§§ 660.75 through 660.79, Subpart C: 

Thompson Seamount, President Jackson 

Seamount, Cordell Bank (50 fm (91 m) 

isobath), Harris Point, Richardson Rock, 

Scorpion, Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. Fishing with 

bottom contact gear is also prohibited 

within the Davidson Seamount EFH 

Area, which is defined with specific 

latitude and longitude coordinates at 

§ 660.75, subpart C. 

§ 660.131 Pacific whiting fishery 

management measures. 

(a) Sectors. In order for a vessel to fish 

in a particular whiting fishery sector 

after May 11, 2009, that vessel must be 

registered for use with a sector-specific 

Pacific whiting vessel license under 

§ 660.26, subpart C. 

(1) The catcher/processor sector is 

composed of catcher/processors, which 

are vessels that harvest and process 

whiting during a calendar year. 

(2) The mothership sector is 

composed of motherships and catcher 

vessels that harvest whiting for delivery 

to motherships. Motherships are vessels 

that process, but do not harvest, whiting 

during a calendar year. 

(3) The shore-based sector is 

composed of vessels that harvest 

whiting for delivery to Pacific whiting 

shoreside first receivers. 

Notwithstanding the other provisions of 

50 CFR part 660, subpart C or D, a vessel 

that is 75 feet or less LOA that harvests 

whiting and, in addition to heading and 

gutting, cuts the tail off and freezes the 

whiting, is not considered to be a 

catcher/processor nor is it considered to 

be processing fish. Such a vessel is 

considered a participant in the 

shorebased whiting sector, and is 

subject to regulations and allocations for 

that sector. 

(b) Pacific whiting seasons. 

(1) Primary seasons. The primary 

seasons for the whiting fishery are: 

(i) For the shore-based sector, the 

period(s) when the large-scale target 

fishery is conducted (when trip limits 

under paragraph (b) of this section are 

not in effect); 

(ii) For catcher/processors, the 

period(s) when at-sea processing is 

allowed and the fishery is open for the 

catcher/processor sector; and 

(iii) For vessels delivering to 

motherships, the period(s) when at-sea 

processing is allowed and the fishery is 

open for the mothership sector. 

(2) Before and after the primary 

seasons. Before and after the primary 

seasons, trip landing or frequency limits 

may be imposed under § 660.60(c). The 

sectors are defined at § 660.60(a). 

(3) Different primary season start 

dates. North of 40°30′ N. lat., different 

starting dates may be established for the 

catcher/processor sector, the mothership 

sector, catcher vessels delivering to 

shoreside processors north of 42° N. lat., 

and catcher vessels delivering to 

shoreside processors between 42° N. lat. 

through 40°30′ N. lat. 

(i) Procedures. The primary seasons 

for the whiting fishery north of 40°30′ N. 

lat. generally will be established 

according to the procedures of the 

PCGFMP for developing and 

implementing harvest specifications and 

apportionments. The season opening 

dates remain in effect unless changed, 

generally with the harvest specifications 

and management measures. 

(ii) Criteria. The start of a primary 

season may be changed based on a 

recommendation from the Council and 

consideration of the following factors, if 

applicable: Size of the harvest 

guidelines for whiting and bycatch 

species; age/size structure of the whiting 

population; expected harvest of bycatch 

and prohibited species; availability and 

stock status of prohibited species; 

expected participation by catchers and 

processors; environmental conditions; 

timing of alternate or competing 

fisheries; industry agreement; fishing or 

processing rates; and other relevant 

information. 

(iii) Primary whiting season start 

dates and duration. After the start of a 

primary season for a sector of the 

whiting fishery, the season remains 

open for that sector until the quota is 

taken or a bycatch limit is reached and 

the fishery season for that sector is 

closed by NMFS. The starting dates for 

the primary seasons for the whiting 

fishery are as follows: 

(A) Catcher/processor sector—May 15. 

(B) Mothership sector—May 15. 

(C) Shore-based sector 

(1) North of 42° N. lat.—June 15; 

(2) Between 42°–40°30′ N. lat.—April 

1; and 

(3) South of 40°30′ N. lat.—April 15. 

(4) Trip limits in the whiting fishery. 

The ‘‘per trip’’ limit for whiting before 

and after the regular (primary) season 

for the shore-based sector is announced 

in Table 1 of this subpart, and is a 

routine management measure under 

§ 660.60(c). This trip limit includes any 

whiting caught shoreward of 100 fm 

(183 m) in the Eureka, CA area. The ‘‘per 

trip’’ limit for other groundfish species 

before, during, and after the regular 

(primary) season are announced in 

Table 1 (North) and Table 1 (South) of 

this subpart and apply as follows: 

(i) During the groundfish cumulative 

limit periods both before and after the 

primary whiting season, vessels may use 


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either small and/or large footrope gear, 

but are subject to the more restrictive 

trip limits for those entire cumulative 

periods. 

(ii) If, during a primary whiting 

season, a whiting vessel harvests a 

groundfish species other than whiting 

for which there is a midwater trip limit, 

then that vessel may also harvest up to 

another footrope-specific limit for that 

species during any cumulative limit 

period that overlaps the start or end of 

the primary whiting season. 

(5) Bycatch limits in the whiting 

fishery. The bycatch limits for the 

whiting fishery may be established, 

adjusted, and used inseason to close a 

sector or sectors of the whiting fishery 

to achieve the rebuilding of an 

overfished or depleted stock. These 

limits are routine management measures 

under § 660.60(c), subpart C, and, as 

such, may be adjusted inseason or may 

have new species added to the list of 

those with bycatch limits. Closure of a 

sector or sectors when a bycatch limit is 

projected to be reached is an automatic 

action under § 660.60(d), subpart C. 

(i) The whiting fishery bycatch limit 

is apportioned among the sectors 

identified in paragraph (a) of this 

section based on the same percentages 

used to allocate whiting among the 

sectors, established in § 660.55(i)(2), 

subpart C. The sector specific bycatch 

limits are: For catcher/processors 6.1 mt 

of canary rockfish, 85.0 mt of widow 

rockfish, and 8.5 mt of darkblotched 

rockfish; for motherships 4.3 mt of 

canary rockfish, 60.0 mt of widow 

rockfish, and 6.0 mt of darkblotched 

rockfish; and for shore-based 7.6 mt of 

canary rockfish, 105.0 mt of widow 

rockfish, and 10.5 mt of darkblotched 

rockfish. 

(ii) The Regional Administrator may 

make available for harvest to the other 

sectors of the whiting fishery identified 

in § 660.131(a) of this subpart, the 

amounts of a sector’s bycatch limit 

species remaining when a sector is 

closed because its whiting allocation or 

a bycatch limit has been reached or is 

projected to be reached. The remaining 

bycatch limit species shall be 

redistributed in proportion to each 

sector’s initial whiting allocation. When 

considering redistribution of bycatch 

limits between the sectors of the whiting 

fishery, the Regional Administrator will 

take into consideration the best 

available data on total projected fishing 

impacts on the bycatch limit species, as 

well as impacts on other groundfish 

species. 

(iii) If a bycatch limit is reached or is 

projected to be reached, the following 

action, applicable to the sector may be 

taken. 

(A) Catcher/processor sector. Further 

taking and retaining, receiving, or at-sea 

processing of whiting by a catcher/ 

processor is prohibited. No additional 

unprocessed whiting may be brought on 

board after at-sea processing is 

prohibited, but a catcher/processor may 

continue to process whiting that was on 

board before at-sea processing was 

prohibited. 

(B) Mothership sector. Further 

receiving or at-sea processing of whiting 

by a mothership is prohibited. No 

additional unprocessed whiting may be 

brought on board after at-sea processing 

is prohibited, but a mothership may 

continue to process whiting that was on 

board before at-sea processing was 

prohibited. Whiting may not be taken 

and retained, possessed, or landed by a 

catcher vessel participating in the 

mothership sector. 

(C) Shore-based sector. Whiting may 

not be taken and retained, possessed, or 

landed by a catcher vessel participating 

in the shore-based sector except as 

authorized under a trip limit specified 

under § 660.60(c), subpart C. 

(iv) The Regional Administrator will 

announce in the Federal Register when 

a bycatch limit is reached, or is 

projected to be reached, specifying the 

action being taken as specified under 

paragraph (b)(5) of this section. The 

Regional Administrator will announce 

in the Federal Register any 

reapportionment of bycatch limit 

species. In order to prevent exceeding 

the bycatch limits or to avoid 

underutilizing the Pacific whiting 

resource, prohibitions against further 

taking and retaining, receiving, or at-sea 

processing of whiting, or 

reapportionment of bycatch limits 

species may be made effective 

immediately by actual notice to fishers 

and processors, by e-mail, Internet 

(http://www.nwr.noaa.gov/GroundfishHalibut/Groundfish-FisheryManagement/Whiting-Management/ 

index.cfm), phone, fax, letter, press 

release, and/or USCG Notice to Mariners 

(monitor channel 16 VHF), followed by 

publication in the Federal Register. 

(c) Closed areas. Pacific whiting may 

not be taken and retained in the 

following portions of the fishery 

management area: 

(1) Klamath river salmon conservation 

zone. The ocean area surrounding the 

Klamath River mouth bounded on the 

north by 41°38.80′ N. lat. 

(approximately 6 nm north of the 

Klamath River mouth), on the west by 

124°23′ W. long. (approximately 12 nm 

from shore), and on the south by 

41°26.80′ N. lat. (approximately 6 nm 

south of the Klamath River mouth). 

(2) Columbia river salmon 

conservation zone. The ocean area 

surrounding the Columbia River mouth 

bounded by a line extending for 6 nm 

due west from North Head along 46°18′ 

N. lat. to 124°13.30′ W. long., then 

southerly along a line of 167 True to 

46°11.10′ N. lat. and 124°11′ W. long. 

(Columbia River Buoy), then northeast 

along Red Buoy Line to the tip of the 

south jetty. 

(3) Ocean salmon conservation zone. 

All waters shoreward of a boundary line 

approximating the 100 fm (183 m) depth 

contour. Latitude and longitude 

coordinates defining the boundary line 

approximating the 100 fm (183 m) depth 

contour are provided at § 660.73, 

subpart C. This closure will be 

implemented through automatic action, 

defined at § 660.60(d), subpart C, when 

NMFS projects the Pacific whiting 

fishery may take in excess of 11,000 

Chinook within a calendar year. 

(4) Pacific whiting bycatch reduction 

areas (BRAs). Vessels using limited 

entry midwater trawl gear during the 

primary whiting season may be 

prohibited from fishing shoreward of a 

boundary line approximating the 75-fm 

(137-m), 100-fm (183-m) or 150-fm (274- 

m) depth contours. Latitude and 

longitude coordinates for the boundary 

lines approximating the depth contours 

are provided at § 660.73, subpart C. 

Closures may be implemented inseason 

for a sector(s) through automatic action, 

defined at § 660.60(d), subpart C, when 

NMFS projects that a sector will exceed 

a bycatch limit specified for that sector 

before the sector’s whiting allocation is 

projected to be reached. 

(d) Eureka area trip limits. Trip 

landing or frequency limits may be 

established, modified, or removed under 

§ 660.60, subpart C, or § 660.131, 

subpart D, specifying the amount of 

Pacific whiting that may be taken and 

retained, possessed, or landed by a 

vessel that, at any time during a fishing 

trip, fished in the fishery management 

area shoreward of the 100 fathom (183 

m) contour (as shown on NOAA Charts 

18580, 18600, and 18620) in the Eureka 

area (from 43 00′ to 40 30′ N. lat.). 

Unless otherwise specified, no more 

than 10,000-lb (4,536 kg) of whiting may 

be taken and retained, possessed, or 

landed by a vessel that, at any time 

during a fishing trip, fished in the 

fishery management area shoreward of 

the 100 fm (183 m) contour (as shown 

on NOAA Charts 18580, 18600, and 

18620) in the Eureka management area 

(defined at § 660.11, subpart C). 

(e) At-sea processing. Whiting may 

not be processed at sea south of 42°00′ 

N. lat. (Oregon-California border), 

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authorized under paragraph (i) of this 

section. 

(f) Time of day. Pacific whiting may 

not be taken and retained by any vessel 

in the fishery management area south of 

42°00′ N. lat. between 0001 hours to 

one-half hour after official sunrise (local 

time). During this time south of 42°00′ 

N. lat., trawl doors must be on board 

any vessel used to fish for whiting and 

the trawl must be attached to the trawl 

doors. Official sunrise is determined, to 

the nearest 5° lat., in The Nautical 

Almanac issued annually by the 

Nautical Almanac Office, U.S. Naval 

Observatory, and available from the U.S. 

Government Printing Office. 

(g) Additional restrictions on catcher/ 

processors—(1) A catcher/processor 

may receive fish from a catcher vessel, 

but that catch is counted against the 

catcher/processor allocation unless the 

catcher/processor has been declared as 

a mothership under paragraph (g)(3) of 

this section. 

(2) A catcher/processor may not also 

act as a catcher vessel delivering 

unprocessed whiting to another 

processor in the same calendar year. 

(3) When renewing its limited entry 

permit each year under § 660.25, 

subpart C, the owner of a catcher/ 

processor used to take and retain 

whiting must declare if the vessel will 

operate solely as a mothership in the 

whiting fishery during the calendar year 

to which its limited entry permit 

applies. Any such declaration is binding 

on the vessel for the calendar year, even 

if the permit is transferred during the 

year, unless it is rescinded in response 

to a written request from the permit 

holder. Any request to rescind a 

declaration must be made by the permit 

holder and granted in writing by the 

Regional Administrator before any 

unprocessed whiting has been taken on 

board the vessel that calendar year. 

(h) Pacific whiting first receivers—(1) 

Pacific whiting shoreside first receivers 

and processors may receive groundfish 

species, other than Pacific Whiting, that 

is in excess of trip limits from a Pacific 

whiting shoreside vessel that is fishing 

under an EFP that authorizes the vessel 

to possess the catch. 

(i) Bycatch reduction and full 

utilization program for at-sea processors 

(optional). If a catcher/processor or 

mothership in the whiting fishery 

carries more than one NMFS-approved 

observer for at least 90 percent of the 

fishing days during a cumulative trip 

limit period, then groundfish trip limits 

may be exceeded without penalty for 

that cumulative trip limit period, if the 

conditions in paragraph (h)(2) of this 

section are met. For purposes of this 

program, ‘‘fishing day’’ means a 24-hour 

period, from 0001 hours through 2400 

hours, local time, in which fishing gear 

is retrieved or catch is received by the 

vessel, and will be determined from the 

vessel’s observer data, if available. 

Changes to the number of observers 

required for a vessel to fish under in the 

bycatch reduction program will be 

announced prior to the start of the 

fishery, generally concurrent with the 

harvest specifications and management 

measures. Groundfish consumed on 

board the vessel must be within any 

applicable trip limit and recorded as 

retained catch in any applicable logbook 

or report. [Note: For a mothership, nonwhiting groundfish landings are limited 

by the cumulative landings limits of the 

catcher vessels delivering to that 

mothership.] 

(2) Conditions. Conditions for 

participating in the voluntary full 

utilization program are as follows: 

(i) All catch must be made available 

to the observers for sampling before it is 

sorted by the crew. 

(ii) Any retained catch in excess of 

cumulative trip limits must either be: 

Converted to meal, mince, or oil 

products, which may then be sold; or 

donated to a bona fide tax-exempt 

hunger relief organization (including 

food banks, food bank networks or food 

bank distributors), and the vessel 

operator must be able to provide a 

receipt for the donation of groundfish 

landed under this program from a taxexempt hunger relief organization 

immediately upon the request of an 

authorized officer. 

(iii) No processor or catcher vessel 

may receive compensation or otherwise 

benefit from any amount in excess of a 

cumulative trip limit unless the overage 

is converted to meal, mince, or oil 

products. Amounts of fish in excess of 

cumulative trip limits may only be sold 

as meal, mince, or oil products. 

(iv) The vessel operator must contact 

the NMFS enforcement office nearest to 

the place of landing at least 24 hours 

before landing groundfish in excess of 

cumulative trip limits for distribution to 

a hunger relief agency. Cumulative trip 

limits and a list of NMFS enforcement 

offices are found on the NMFS, 

Northwest Region homepage at http:// 

www.nwr.noaa.gov. 

(v) If the meal plant on board the 

whiting processing vessel breaks down, 

then no further overages may be 

retained for the rest of the cumulative 

trip limit period unless the overage is 

donated to a hunger relief organization. 

(vi) Prohibited species may not be 

retained. 

(vii) Donation of fish to a hunger relief 

organization must be noted in the 

transfer log (Product Transfer/ 

Offloading Log (PTOL)), in the column 

for total value, by entering a value of ‘‘0’’ 

or ‘‘donation,’’ followed by the name of 

the hunger relief organization receiving 

the fish. Any fish or fish product that is 

retained in excess of trip limits under 

this rule, whether donated to a hunger 

relief organization or converted to meal, 

must be entered separately on the PTOL 

so that it is distinguishable from fish or 

fish products that are retained under 

trip limits. The information on the 

Mate’s Receipt for any fish or fish 

product in excess of trip limits must be 

consistent with the information on the 

PTOL. The Mate’s Receipt is an official 

document that states who takes 

possession of offloaded fish, and may be 

a Bill of Lading, Warehouse Receipt, or 

other official document that tracks the 

transfer of offloaded fish or fish product. 

The Mate’s Receipt and PTOL must be 

made available for inspection upon 

request of an authorized officer 

throughout the cumulative limit period 

during which such landings occurred 

and for 15 days thereafter. 

(j) Processing fish waste at sea. A 

vessel that processes only fish waste (a 

‘‘waste-processing vessel’’) is not 

considered a whiting processor and 

therefore is not subject to the 

allocations, seasons, or restrictions for 

catcher/processors or motherships while 

it operates as a waste-processing vessel. 

However, no vessel may operate as a 

waste-processing vessel 48 hours 

immediately before and after a primary 

season for whiting in which the vessel 

operates as a catcher/processor or 

mothership. A vessel must meet the 

following conditions to qualify as a 

waste-processing vessel: 

(1) The vessel makes meal (ground 

dried fish), oil, or minced (ground flesh) 

product, but does not make, and does 

not have on board, surimi (fish paste 

with additives), fillets (meat from the 

side of the fish, behind the head and in 

front of the tail), or headed and gutted 

fish (head and viscera removed). 

(2) The amount of whole whiting on 

board does not exceed the trip limit (if 

any) allowed under § 660.60(c), subpart 

C, or Tables 1 (North) or 1 (South) in 

subpart D. 

(3) Any trawl net and doors on board 

are stowed in a secured and covered 

manner, and detached from all towing 

lines, so as to be rendered unusable for 

fishing. 

(4) The vessel does not receive 

codends containing fish. 

(5) The vessel’s operations are 

consistent with applicable state and 

Federal law, including those governing 

disposal of fish waste at sea. 

(k) Additional requirements for 

participants in the Pacific whiting 


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shoreside fishery—(1) Pacific whiting 

shoreside first receiver responsibilities— 

(i) Weights and measures. All 

groundfish weights reported on 

electronic fish tickets must be recorded 

from scales with appropriate weighing 

capacity that ensures accuracy for the 

amount of fish being weighed. For 

example: amounts of fish less than 

1,000-lb (454 kg) should not be weighed 

on scales that have an accuracy range of 

1,000-lb to 7,000-lb (454–3,175 kg) and 

are therefore not capable of accurately 

weighing amounts less than 1,000-lb 

(454 kg). 

(ii) [Reserved] 

(2) Sorting requirements for the 

Pacific whiting shoreside fishery. Fish 

delivered to Pacific whiting shoreside 

first receivers (including shoreside 

processing facilities and buying stations 

that intend to transport catch for 

processing elsewhere) must be sorted, 

prior to first weighing after offloading 

from the vessel and prior to transport 

away from the point of landing, to the 

species groups specified in 

§ 660.60(h)(6), subpart C, for vessels 

with limited entry permits. Prohibited 

species must be sorted according to the 

following species groups: Dungeness 

crab, Pacific halibut, Chinook salmon, 

Other salmon. Non-groundfish species 

must be sorted as required by the state 

of landing. 

§ 660.140 Shorebased IFQ program. 

(a) General. The Shorebased IFQ 

Program requirements in § 660.140 will 

be effective beginning January 1, 2011, 

except for paragraphs (d)(4), (d)(6), and 

(d)(8) of this section, which are effective 

immediately. The IFQ Program applies 

to qualified participants in the Pacific 

Coast Groundfish fishery and includes a 

system of transferable QS for most 

groundfish species or species groups 

and trip limits or set-asides for the 

remaining groundfish species or species 

groups. The IFQ Program is subject to 

area restrictions (GCAs, RCAs, and 

EFHCAs) listed at §§ 660.70 through 

660.79, subpart C. The shorebased IFQ 

fishery may be restricted or closed as a 

result of projected overages within the 

Shorebased IFQ Program, the 

Mothership Coop Program, or the C/P 

Coop Program. As determined necessary 

by the Regional Administrator, area 

restrictions, season closures, or other 

measures will be used to prevent the 

trawl sector in aggregate or the 

individual trawl sectors (Shorebased 

IFQ, Mothership Coop, or C/P Coop) 

from exceeding an OY, or formal 

allocation specified in the PCGFMP or 

regulation at § 660.55, subpart C, or 

§§ 660.140, 660.150, or 660.160, subpart 

D. 

(b) Participation requirements. 

[Reserved] 

(1) QS permit owners. [Reserved] 

(2) IFQ vessels. [Reserved] 

(c) IFQ species and allocations. 

(1) IFQ species. IFQ species are those 

groundfish species and Pacific halibut 

in the exclusive economic zone or 

adjacent state waters off Washington, 

Oregon and California, under the 

jurisdiction of the Pacific Fishery 

Management Council, for which QS will 

be issued. QS will specify designations 

for the species/species groups and area 

to which it applies. QS and QP species 

groupings and area subdivisions will be 

those for which OYs are specified in the 

Tables 1a through 2d, subpart C, and 

those for which there is an area-specific 

precautionary harvest policy. QS for 

remaining minor rockfish will be 

aggregated for the shelf and slope depth 

strata (nearshore species are excluded). 

The following are the IFQ species: 

IFQ SPECIES

Roundfish: 

Lingcod. 

Pacific cod. 

Pacific whiting. 

Sablefish north of 36° N. lat. 

Sablefish south of 36° N. lat. 

Flatfish: 

Dover sole. 

English sole. 

Petrale sole. 

Arrowtooth flounder. 

Starry flounder. 

Other Flatfish stock complex. 

Pacific halibut (IBQ). 

Rockfish: 

Pacific ocean perch. 

Widow rockfish. 

Canary rockfish. 

Chilipepper rockfish. 

Bocaccio. 

Splitnose rockfish. 

Yellowtail rockfish. 

Shortspine thornyhead north of 34° 27′ 

N. lat. 

Shortspine thornyhead south of 34° 27′ 

N. lat. 

Longspine thornyhead north of 34° 27′ 

N. lat. 

Cowcod. 

Darkblotched. 

Yelloweye. 

Minor Rockfish North slope species complex. 

Minor Rockfish North shelf species complex. 

Minor Rockfish South slope species 

complex. 

Minor Rockfish South shelf species complex. 

(2) IFQ program allocations. 

Allocations for the Shorebased IFQ 

Program are determined for IFQ species 

as follows: 

(i) For Pacific whiting, the Shorebased 

IFQ Program allocation is specified at 

§ 660.55(i)(2), subpart C, 42 percent. 

(ii) For Sablefish N. of 36° N. lat., the 

Shorebased IFQ Program allocation is 

the limited entry trawl allocation 

specified at § 660.55(h), subpart C, 

minus any set-asides for the mothership 

and C/P sectors for that species. 

(iii) For IFQ species listed in the 

trawl/nontrawl allocation table, 

specified at § 660.55(c), subpart C, 

allocations are determined by applying 

the trawl column percent to the fishery 

harvest guideline minus any set-asides 

for the mothership and C/P sectors for 

that species and minus allocations for 

darkblotched rockfish, POP, and widow 

rockfish. 

(iv) The remaining IFQ species 

(canary rockfish, bocaccio, cowcod, 

yelloweye rockfish, minor shelf rockfish 

N. of 40°10′ N. lat., and minor shelf 

rockfish S. of 40°10′ N. lat., and minor 

slope rockfish S. of 40°10′ N. lat.) are 

allocated through the biennial 

specifications and management 

measures process minus any set-asides 

for the mothership and C/P sectors for 

that species. 

(v) For Pacific halibut N. of 40°10′ N. 

lat., the Shorebased IFQ Program 

allocation is specified at 660.55(m). 

(vi) Annual sub-allocations of IFQ 

species to individual QS permits and 

QS accounts are based on the percent of 

QS registered to the account and the 

amount of fish allocated to the 

Shorebased IFQ Program. 

(d) QS permits and QS accounts—(1) 

General. In order to obtain QS, a person 

must apply for a QS permit. NMFS will 

determine if the applicant is eligible to 

acquire QS in compliance with the 

accumulation limits found at paragraph 

(d)(4) of this section. For those persons 

that are found to be eligible for a QS 

permit, NMFS will issue QS and 

establish a QS account. QP will be 

issued annually at the start of the 

calendar year to a QS account based on 

the percent of QS registered to the 

account and the amount of fish 

allocated to the Shorebased IFQ 

Program. QP will be issued to the 

nearest whole pound using standard 

rounding rules (i.e. decimal amounts 

from 0 up to 0.5 round down and 0.5 

and above round up), except that initial 

allocations of QP for overfished species 

greater than zero but less than one 

pound will be rounded up to one pound 

in the first year of the trawl 

rationalization program. QS owners 

must transfer their QP from their QS 

account to a vessel account in order for 

those QP to be fished. QP must be 

transferred in whole pounds (i.e. no 

fraction of a QP can be transferred). All 


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QP in a QS account must be transferred 

to a vessel account by September 1 of 

each year. 

(2) Eligibility and registration. 

[Reserved] 

(3) Renewal, change of permit 

ownership, and transfer. [Reserved] 

(4) Accumulation limits—(i) QS and 

IBQ control limits. QS and IBQ control 

limits are accumulation limits and are 

the amount of QS and IBQ that a person, 

individually or collectively, may own or 

control. QS control limits are expressed 

as a percentage of the Shorebased IFQ 

Program’s allocation. 

(A) Control limits for individual 

species. No person may own or control 

by any means whatsoever an amount of 

QS or IBQ for any individual species 

that exceeds the Shorebased IFQ 

Program accumulation limits. 

(B) Control limit for aggregate nonwhiting QS holdings. To determine how 

much aggregate non-whiting QS a 

person holds, NMFS will convert the 

person’s QS to pounds. This conversion 

will always be conducted using the 

trawl allocations applied to the 2010 

OYs, until such time as the Council 

recommends otherwise. Specifically, 

NMFS will multiply each person’s QS 

for each species by the shoreside trawl 

allocation for that species. The person’s 

pounds for all non-whiting species will 

be summed and divided by the 

shoreside trawl allocation of all nonwhiting species to calculate the person’s 

share of the aggregate non-whiting trawl 

quota. 

(C) The Shorebased IFQ Program 

accumulation limits are as follows: 

Species category 

QS control 

limit 

(percent) 

Non-whiting Groundfish Species ......................................................................................................................................................... 2.7 

Lingcod—coastwide ............................................................................................................................................................................. 2.5 

Pacific Cod ........................................................................................................................................................................................... 12.0 

Pacific whiting (shoreside) ................................................................................................................................................................... 10.0 

Sablefish 

N. of 36° (Monterey north) ........................................................................................................................................................... 3.0 

S. of 36° (Conception area) ......................................................................................................................................................... 10.0 

PACIFIC OCEAN PERCH ................................................................................................................................................................... 4.0 

WIDOW ROCKFISH* ........................................................................................................................................................................... 5.1 

CANARY ROCKFISH .......................................................................................................................................................................... 4.4 

Chilipepper Rockfish ............................................................................................................................................................................ 10.0 

BOCACCIO .......................................................................................................................................................................................... 13.2 

Splitnose Rockfish ............................................................................................................................................................................... 10.0 

Yellowtail Rockfish ............................................................................................................................................................................... 5.0 

Shortspine Thornyhead 

N. of 34°27′ .................................................................................................................................................................................. 6.0 

S. of 34°27′ ................................................................................................................................................................................... 6.0 

Longspine Thornyhead 

N. of 34°27′ .................................................................................................................................................................................. 6.0 

COWCOD ............................................................................................................................................................................................ 17.7 

DARKBLOTCHED ............................................................................................................................................................................... 4.5 

YELLOWEYE ....................................................................................................................................................................................... 5.7 

Minor Rockfish North 

Shelf Species ................................................................................................................................................................................ 5.0 

Slope Species ............................................................................................................................................................................... 5.0 

Minor Rockfish South 

Shelf Species ................................................................................................................................................................................ 9.0 

Slope Species ............................................................................................................................................................................... 6.0 

Dover sole .................................................................................................................................................................................... 2.6 

English Sole .................................................................................................................................................................................. 5.0 

Petrale Sole .................................................................................................................................................................................. 3.0 

Arrowtooth Flounder ..................................................................................................................................................................... 10.0 

Starry Flounder ............................................................................................................................................................................. 10.0 

Other Flatfish ................................................................................................................................................................................ 10.0 

Other Fish ..................................................................................................................................................................................... 5.0 

Pacific Halibut ............................................................................................................................................................................... 5.4 

(ii) Ownership—individual and 

collective rule. The QS that counts 

toward a person’s accumulation limit 

will include: 

(A) The QS owned by that person, and 

(B) A portion of the QS owned by an 

entity in which that person has an 

interest, where the person’s share of 

interest in that entity will determine the 

portion of that entity’s QS that counts 

toward the person’s limit. 

(iii) Control. Control means, but is not 

limited to, the following: 

(A) The person has the right to direct, 

or does direct, in whole or in part, the 

business of the entity to which the QS 

are registered; 

(B) The person has the right to limit 

the actions of or replace, or does limit 

the actions of or replace, the chief 

executive officer, a majority of the board 

of directors, any general partner, or any 

person serving in a management 

capacity of the entity to which the QS 

are registered; 

(C) The person has the right to direct, 

or does direct, the transfer of QS, or the 

resulting QP; 

(D) The person, through loan 

covenants or any other means, has the 

right to restrict, or does restrict, the day 

to day business activities and 

management policies of the entity to 

which the QS are registered; 

(E) The person, through loan 

covenants or any other means, has the 

right to restrict, or does restrict, use of 

QS, or the resulting QP, or disposition 

of fish harvested under the resulting QP; 

(F) The person has the right to 

control, or does control, the 

management of, or to be a controlling 

factor in, the entity to which the QS, or 

the resulting QP, are registered; 


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(G) The person has the right to cause, 

or does cause, the sale, lease or other 

disposition of QS, or the resulting QP; 

and 

(H) The person has the ability through 

any means whatsoever to control the 

entity to which QS is registered. 

(iv) Trawl identification of ownership 

interest form. Any person that owns a 

limited entry trawl permit and is 

applying for a QS permit shall 

document those individuals that have 

greater than or equal to 2 percent 

ownership interest in the permit. This 

ownership interest must be documented 

with the SFD via the Trawl 

Identification of Ownership Interest 

Form sent to the permit owner with 

their application. SFD will not issue a 

QS Permit unless the Trawl 

Identification of Ownership Interest 

Form has been completed. Further, if 

SFD discovers through review of the 

Trawl Identification of Ownership 

Interest Form that a person owns or 

controls more than the accumulation 

limits and is not authorized to do so 

under paragraph (d)(4)(v) of this section, 

the person will be notified and the QS 

Permit will be issued up to the 

accumulation limit specified in the QS 

Control Limit table from paragraph 

(d)(4)(i) of this section. 

(v) Divestiture. For QS permit owners 

that are found to exceed the 

accumulation limits during the initial 

issuance of QS permits, an adjustment 

period will be provided after which they 

will have to divest of QS in excess of the 

accumulation limits. QS will be issued 

for amounts in excess of accumulation 

limits only for owners of limited entry 

permits transferred to them by 

November 8, 2008, if such transfers of 

ownership have been registered with 

NMFS by November 30, 2008. The 

owner of any permit transferred after 

November 8, 2008 or not registered with 

NMFS by November 30, 2008 will only 

be eligible to receive an initial 

allocation for that permit of those QS 

that are within the accumulation limits; 

any QS in excess of the accumulation 

limits will be redistributed to the 

remainder of the initial recipients of QS 

in proportion to each recipient’s initial 

allocation of QS for each species. Any 

person that qualifies for an initial 

allocation of QS in excess of the 

accumulation limits will be allowed to 

receive that allocation but must divest 

themselves of the excess QS during 

years three and four of the IFQ program. 

Holders of QS in excess of the control 

limits may receive and use the QP 

associated with that excess, up to the 

time their divestiture is completed. At 

the end of year 4 of the IFQ program, 

any QS held by a person in excess of the 

accumulation limits will be revoked and 

redistributed to the remainder of the QS 

holders in proportion to the QS 

holdings in year 5. No compensation 

will be due for any revoked shares. 

(5) Appeals. [Reserved] 

(6) Fees. The Regional Administrator 

is authorized to charge fees for 

administrative costs associated with the 

issuance of a QS permit consistent with 

the provisions given at § 660.25(f), 

subpart C. 

(7) [Reserved] 

(8) Application requirements and 

initial issuance for QS permit and QS— 

(i) Additional definitions. The following 

definitions are applicable to paragraph 

(d)(8) of this section and apply to terms 

used for the purposes of application 

requirements and initial issuance of QS 

Permits and QS: 

(A) non-whiting trip means a fishing 

trip where less than 50 percent by 

weight of all fish reported on the state 

landing receipt is whiting. 

(B) PacFIN means the Pacific 

Fisheries Information Network of the 

Pacific States Marine Fisheries 

Commission. 

(C) Relative history means the 

landings history of a permit for a 

species, year, and area subdivision, 

divided by the total fleet history of the 

sector for that species, year, and area 

subdivision, as appropriate. Relative 

history is expressed as a percent. 

(D) Shoreside processor means an 

operation, working on US soil, that 

takes delivery of trawl caught 

groundfish that has not been processed; 

and that thereafter engages that fish in 

shoreside processing. Entities that 

received fish that have not undergone 

at-sea processing or shoreside 

processing and sell that fish directly to 

consumers shall not be considered a 

processor for purposes of QS 

allocations. Shoreside processing is 

defined as either of the following: 

(1) Any activity that takes place 

shoreside; and that involves: Cutting 

groundfish into smaller portions; or 

freezing, cooking, smoking, drying 

groundfish; or packaging that 

groundfish for resale into 100 pound 

units or smaller for sale or distribution 

into a wholesale or retail market. 

(2) The purchase and redistribution 

into a wholesale or retail market of live 

groundfish from a harvesting vessel. 

(E) Whiting trip means a fishing trip 

where greater than or equal to 50 

percent by weight of all fish reported on 

the state landing receipt is whiting. 

(ii) Eligibility criteria for QS permit 

and QS. Only the following persons are 

eligible to receive a QS permit or QS: 

(A) The owner of a valid trawl limited 

entry permit is eligible to receive a QS 

permit and its associated QS amount. 

Any past landings history associated 

with the current limited entry trawl 

permit accrues to the current permit 

owner. NMFS will not recognize any 

person as the limited entry permit 

owner other than the person listed as 

limited entry permit owner in NMFS 

permit database. If a limited entry 

permit has history on state landing 

receipts and has been combined with a 

permit that has received or will receive 

a C/P endorsement, the trawl limited 

entry permit does not qualify for QS. 

(B) Shoreside processors that meet the 

recent participation requirement of 

having received deliveries of 1 mt or 

more of whiting from whiting trips in 

each of any two years from 1998 

through 2004 are eligible for an initial 

issuance of whiting QS. NMFS will 

initially identify shoreside processors 

by reference to Pacific whiting shoreside 

first receivers recorded on fish tickets in 

the dataset extracted from PacFIN by 

NMFS on July 1, 2010, subject to 

correction as described in paragraph 

(d)(8)(iv)(G) of this section. 

(iii) Steps for QS allocation formula. 

The QS allocation formula is applied in 

the following steps: 

(A) First, for each limited entry trawl 

permit owner, NMFS will determine a 

preliminary QS allocation for nonwhiting trips. 

(B) Second, for each limited entry 

trawl permit owner, NMFS will 

determine a preliminary QS allocation 

for whiting trips. 

(C) Third, for each limited entry trawl 

permit owner, NMFS will combine the 

amounts resulting from paragraphs 

(d)(8)(iii)(A) and (B) of this section. 

(D) Fourth, NMFS will reduce the 

results for limited entry trawl permit 

owners by 10 percent of non-whiting 

species as a set aside for Adaptive 

Management Program (AMP) and by 20 

percent of whiting for the initial 

issuance of QS allocated to qualifying 

shoreside processors. 

(E) Fifth, NMFS will determine the 

whiting QS allocation for qualifying 

shoreside processors from the 20 

percent of whiting QS allocated to 

qualifying shoreside processors at initial 

issuance of QS. 

(F) Sixth, for each limited entry trawl 

permit owner, NMFS will determine the 

Pacific halibut IBQ allocation. 

(iv) Allocation formula for specific QS 

amounts—(A) Allocation formula rules. 

Unless otherwise specified, the 

following rules will be applied to data 

for the purpose of calculating an initial 

allocation of QS: 

(1) For limited entry trawl permit 

owners, a permit will be assigned catch 

history or relative history based on the 


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landing history of the vessel(s) 

associated with the permit at the time 

the landings were made. 

(2) The extracted PacFIN data 

includes species compositions based on 

port sampled data and applied to data 

at the vessel level. For species that do 

not match IFQ species categories after 

applying standard PacFIN species 

composition algorithms, NMFS will 

assign species to an IFQ species 

category based on other information 

from state landing receipts or logbook 

information in PacFIN. 

(3) Only landings of IFQ species 

which are caught in the exclusive 

economic zone or adjacent state waters 

off Washington, Oregon and California 

will be used for calculation of allocation 

formulas. For the purpose of allocation 

of IFQ species for which the QS will be 

subdivided by area, catch areas have 

been assigned to landings of IFQ species 

reported on state landing receipts based 

on port of landing. 

(4) History from limited entry permits 

that have been combined with a permit 

that may qualify for a C/P endorsement 

and which has shorebased permit 

history will not be included in the 

preliminary QS allocation formula, 

other than in the determination of fleet 

history used in the calculation of 

relative history for permits that do not 

have a C/P endorsement. 

(5) History of illegal landings and 

landings made under non-whiting EFPs 

that are in excess of the cumulative 

limits in place for the non-EFP fishery 

will not count toward the allocation of 

QS. 

(6) The limited entry permit’s 

landings history includes the landings 

history of permits that have been 

previously combined with that permit. 

(7) If two or more limited entry trawl 

permits have been simultaneously 

registered to the same vessel, NMFS will 

split the landing history evenly between 

all limited entry trawl-endorsed permits 

during the time they were 

simultaneously registered to the vessel. 

(8) Unless otherwise noted, the 

calculation for QS allocation under 

paragraph (d)(8) of this section will be 

based on state landing receipts (fish 

tickets) as recorded in the dataset that 

was extracted from PacFIN by NMFS on 

July 1, 2010. 

(9) For limited entry trawl permits, 

landings under provisional ‘‘A’’ permits 

that did not become ‘‘A’’ permits and ‘‘B’’ 

permits will not count toward the 

allocation of QS, other than in the 

determination of fleet history used in 

the calculation of relative history for 

permits that do not have a C/P 

endorsement. 

(10) For limited entry trawl permits, 

NMFS will calculate initial issuance of 

QS separately based on whiting trips 

and non-whiting trips, and will weigh 

each calculation according to initial 

issuance allocations between whiting 

trips and non-whiting trips, which are 

one-time allocations necessary for the 

formulas used during the initial 

issuance of QS to create a single 

shorebased IFQ program. The initial 

issuance allocations between whiting 

and non-whiting trips for canary 

rockfish, bocaccio, cowcod, yelloweye 

rockfish, minor shelf rockfish N. of 

40°10′, minor shelf rockfish S. of 40°10′, 

and minor slope rockfish S. of 40°10′ 

will be determined through the biennial 

specifications process. The short-term 

allocations for the remaining IFQ 

species are as follows: 

Species 

Initial issuance allocation percentage 

Non-whiting Whiting 

Lingcod ............................................................................. 99.7% ................................. 0.3% 

Pacific Cod ........................................................................ 99.9% ................................. 0.1% 

Pacific Whiting .................................................................. 0.1% ................................... 99.9% 

Sablefish N. of 36° N. lat. ................................................. 98.2% ................................. 1.8% 

Sablefish S. of 36° N. lat. ................................................. 100.0% ............................... 0.0% 

PACIFIC OCEAN PERCH ................................................ remaining ............................ 17% or 30 mt, whichever is greater, to shorebased + 

at-sea whiting. 

If under rebuilding, 52% to shorebased + at-sea whiting. 

WIDOW ............................................................................. remaining ............................ If stock rebuilt, 10% or 500 mt, whichever is greater, to 

shorebased + at-sea whiting. 

Chilipepper S. of 40°10′ N. lat. ......................................... 100.0% ............................... 0.0% 

Splitnose S. of 40°10′ N. lat. ............................................ 100.0% ............................... 0.0% 

Yellowtail N. of 40°10′ N. lat. ............................................ remaining ............................ 300 mt 

Shortspine N. of 34°27′ N. lat. .......................................... 99.9% ................................. 0.1% 

Shortspine S. of 34°27′ N. lat. .......................................... 100.0% ............................... 0.0% 

Longspine N. of 34°27′ N. lat. .......................................... 100.0% ............................... 0.0% 

DARKBLOTCHED ............................................................ remaining ............................ 9% or 25 mt, whichever is greater, to shorebased + atsea whiting. 

Minor Slope Rockfish N. of 40°10′ N. lat. ........................ 98.6% ................................. 1.4% 

Dover Sole ........................................................................ 100.0% ............................... 0.0% 

English Sole ...................................................................... 99.9% ................................. 0.1% 

Petrale Sole ...................................................................... 100.0% ............................... 0.0% 

Arrowtooth Flounder ......................................................... 100.0% ............................... 0.0% 

Starry Flounder ................................................................. 100.0% ............................... 0.0% 

Other Flatfish .................................................................... 99.9% ................................. 0.1% 

(B) Preliminary QS allocation for nonwhiting trips. NMFS will calculate the 

non-whiting preliminary QS allocation 

differently for different species groups, 

Groups 1 through 3. 

(1) Allocation formula species groups. 

For the purposes of preliminary QS 

allocation, IFQ species will be grouped 

as follows: 

(i) Group 1 includes lingcod, Pacific 

cod, Pacific whiting, sablefish north of 

36° N. lat., sablefish south of 36° N. lat., 

Dover sole, English sole, petrale sole, 

arrowtooth flounder, starry flounder, 

other flatfish stock complex, chilipepper 

rockfish, splitnose rockfish, yellowtail 

rockfish, shortspine thornyhead north of 

34° 27′ N. lat., shortspine thornyhead 

south of 34° 27′ N. lat., longspine 

thornyhead north of 34° 27′ N. lat., 

minor rockfish north slope species 

complex, minor rockfish south slope 

species complex, minor rockfish north 


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shelf species complex, and minor 

rockfish south shelf species complex. 

(ii) Group 2 includes bocaccio, 

cowcod, darkblotched rockfish, Pacific 

ocean perch, widow rockfish, and 

yelloweye rockfish. 

(iii) Group 3 includes canary rockfish. 

(2) Group 1 species: The preliminary 

QS allocation process indicated in 

paragraph (d)(8)(iii)(A) of this section 

for Group 1 species follows a two step 

process, one to allocate a pool of QS 

equally among all eligible limited entry 

permits and the other to allocate the 

remainder of the preliminary QS based 

on permit history. Through these two 

processes, preliminary QS totaling 

100% for each Group 1 species will be 

allocated. In later steps this amount will 

be adjusted and reduced as indicated in 

paragraph (d)(8)(iii)(C) and (D), to 

determine the QS allocation. 

(i) QS to be allocated equally. The 

pool of QS for equal allocation will be 

determined using the landings history 

from Federal limited entry groundfish 

permits that were retired through the 

Federal buyback program (i.e., buyback 

permit) (70 FR 45695, August 8, 2005). 

The QS pool associated with the 

buyback permits will be the buyback 

permit history as a percent of the total 

fleet history for the allocation period. 

The calculation will be based on total 

absolute pounds with no dropped years 

and no other adjustments. The QS pool 

will be divided equally among 

qualifying limited entry permits for all 

QS species/species groups and areas in 

Group 1. 

(ii) QS to be allocated based on each 

permit’s history. The pool for QS 

allocation based on limited entry trawl 

permit history will be the QS remaining 

after subtracting out the QS allocated 

equally. This pool will be allocated to 

each qualifying limited entry trawl 

permit based on the permit’s relative 

history from 1994 through 2003. For 

each limited entry trawl permit, NMFS 

will calculate a set of relative histories 

using the following methodology. First, 

NMFS will sum the permit’s landings by 

each year for each Group 1 species/ 

species group and area subdivision. 

Second, NMFS will divide each permit’s 

annual sum for a particular species/ 

species group and area subdivision by 

the shoreside limited entry trawl fleet’s 

annual sum for the same species/species 

group and area subdivision. NMFS will 

then calculate a total relative history for 

each permit by species/species group 

and area subdivision by adding all 

relative histories for the permit together 

and subtracting the three years with the 

lowest relative history for the permit. 

The result for each permit by species/ 

species group and areas subdivision will 

be divided by the aggregate sum of all 

total relative histories of all qualifying 

limited entry trawl permits for that 

species/species group and area 

subdivision. NMFS will then multiply 

the result from this calculation by the 

amount of QS in the pool to be allocated 

based on each permit’s history. 

(3) Group 2 species: The preliminary 

QS allocation step indicated in 

paragraph (d)(8)(iii)(A) of this section 

will be calculated for each limited entry 

trawl permit using a formula based on 

QS allocations for each limited entry 

trawl permit for 11 target species, areas 

of distribution of fishing effort as 

determined from 2003–2006 target 

species catch data from the PacFIN 

Coastwide Trawl Logbook Database, 

average bycatch ratios for each area as 

derived from West Coast Groundfish 

Observer Program (WCGOP) data from 

2003 through 2006, and the non-whiting 

initial issuance allocation of the limited 

entry trawl allocation amounts for 2011 

for each of the 11 target species. These 

data are used in a series of sequential 

steps to estimate the allocation of Group 

2 species to each limited entry trawl 

permit. Steps (iii) to (vi) estimate the 

permit’s total 2003–2006 target species 

by area. Steps (vii) to (xii) project Group 

2 species bycatch amounts using 2003– 

2006 WCGOP observer ratios and the 

initial issuance allocation applied to the 

2011 limited entry trawl allocation. 

Steps (xiv) to (xvii) convert these 

amounts into QS. As with Group 1 

species, preliminary QS totaling 100% 

for each Group 2 species unit will be 

allocated and the amount of the 

allocations will be adjusted and reduced 

as indicated in paragraph (d)(8)(iii)(C) 

and (D) of this section to determine the 

QS allocation. 

(i) The 11 target species are 

arrowtooth flounder, starry flounder, 

other flatfish, Dover sole, English sole, 

petrale sole, minor slope rockfish, 

shortspine thornyheads, longspine 

thornyheads, sablefish, and Pacific cod. 

(ii) The 8 areas of distribution of 

fishing effort are defined latitudinally 

and by depth. The latitudinal areas are 

(a) north of 47°40 N. lat.; (b) between 

47°40 N. lat. and 43°55′ N. lat.; (c) 

43°55′ N. lat. and 40°10′ N. lat.; and (d) 

south of 40°10′ N. lat. Each latitudinal 

area is further divided by depth into 

areas shoreward and seaward of the 

trawl Rockfish Conservation Area as 

defined at § 660.130(e)(4) of this 

subpart. 

(iii) For each limited entry trawl 

permit, NMFS will review the Permit 

Logbook data for that permit and sum 

target species catch recorded for the 

years 2003–2006, resulting in total target 

species catch in each area for each 

permit for the years 2003 through 2006 

for all 11 target species in aggregate. 

(iv) For each limited entry trawl 

permit, NMFS will also sum target 

species catch by area into total 

coastwide target species catch for each 

permit for the years 2003 through 2006 

for all 11 target species in aggregate. 

(v) For each limited entry trawl 

permit, NMFS will divide logbook 

aggregate target species catch in each 

area (step (iii)) by the permit’s total 

coastwide target species catch (step (iv)) 

to create a set of 8 area catch ratios for 

each permit. (Note: The sum of all area 

catch ratios equals 1 for each permit). 

(vi) For limited entry trawl permits 

where the vessel registered to the permit 

did not submit logbooks showing any 

catch of the 11 target species for any of 

the years 2003 through 2006, NMFS will 

use the following formula to calculate 

area target catch ratios: (a) NMFS will 

sum by area all limited entry trawl 

permits’ total logbook area target catches 

from step (iii), (b) NMFS will sum 

coastwide all limited entry trawl 

permits’ total logbook target catches 

across all areas from step (iv), and (c) 

NMFS will divide these sums (i.e., a/b) 

to create average permit logbook area 

target catch ratios. 

(vii) NMFS will calculate the 2011 

non-whiting short term allocation 

amount for each of the 11 target species 

by multiplying the limited entry trawl 

allocation amounts for 2011 for each by 

the corresponding short term allocation 

for the non-whiting sector given in 

paragraph (d)(8)(iii)(A)(10) of this 

section or determined through the 

biennial specifications process, as 

applicable. 

(viii) For each limited entry trawl 

permit, NMFS will obtain the 

percentage of the limited entry trawl 

permit initial QS allocation for each of 

the 11 target species resulting from 

paragraph (d)(8)(iv)(B)(2) of this section. 

(ix) NMFS will calculate each limited 

entry trawl permit’s projected nonwhiting sector quota pounds for 2011 by 

multiplying the 2011 non-whiting sector 

short term allocation amounts for each 

of the 11 target species from step (vii) by 

each permit’s target species QS 

allocation percentage from step (viii). 

(x) For each limited entry trawl 

permit, NMFS will sum the projected 

quota pounds for the 11 target species 

from step (ix) to get a total projected 

weight of all 11 target species for the 

limited entry trawl permit. 

(xi) For each limited entry trawl 

permit, NMFS will estimate the permit’s 

total incidental catch of Group 2 species 

by area by multiplying the projected 

2011 total weight of all 11 target species 

by the applicable area catch ratio for 


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each area as calculated in either step (v) 

(permits with logbook data) or step (vi) 

(permits without logbook data). 

(xii) NMFS will apply WCGOP 

average bycatch ratios for each Group 2 

species (observed Group 2 species 

catch/total target species catch) by area. 

The WCGOP average bycatch ratios are 

as follows: 

BOCACCIO

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... ............................ ............................

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... ............................ ............................

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... ............................ ............................

S. of 40°10′ N. lat. ........................................................................................................................................... 0.01114773 0.00120015 

COWCOD

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... ............................ ............................

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... ............................ ............................

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... ............................ ............................

S. of 40°10′ N. lat. ........................................................................................................................................... 0.00088891 0.00001074 

DARKBLOTCHED

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... 0.00122003 0.00860467 

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... 0.00185020 0.01836550 

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... 0.00253201 0.01476165 

S. of 40°10′ N. lat. ........................................................................................................................................... 0.00000255 0.00480063 

PACIFIC OCEAN PERCH

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... 0.00088011 0.01766360 

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... 0.00015827 0.01529318 

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... 0.00014424 0.00114965 

S. of 40°10′ N. lat. ........................................................................................................................................... ............................ 0.00021813 

WIDOW

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... 0.00001142 0.00005472 

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... 0.00033788 0.00049695 

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... 0.00015165 0.00000766 

S. of 40°10′ N. lat. ........................................................................................................................................... 0.00003513 0.00009855 

YELLOWEYE

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... 0.00017625 0.00000160 

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... 0.00004802 0.00000893 

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... 0.00005309 0.00000556 

S. of 40°10′ N. lat. ........................................................................................................................................... 0.00007739 ............................

(xiii) For each limited entry trawl 

permit, NMFS will calculate projected 

Group 2 species amounts by area by 

multiplying the limited entry trawl 

permit’s projected 2011 total weight of 

all target species by area from step (xi) 

by the applicable average bycatch ratio 

for each Group 2 species and 

corresponding area of step (xii). 

(xiv) For each limited entry trawl 

permit, NMFS will sum all area 

amounts for each Group 2 species from 

step (xiii) to calculate the total projected 

amounts of each Group 2 species for 

each limited entry trawl permit. 

(xv) NMFS will sum all limited entry 

trawl permits’ projected Group 2 species 

amounts from step (xiv) to calculate 

coastwide total projected amounts for 

each Group 2 species. 

(xvi) NMFS will estimate preliminary 

QS for each limited entry trawl permit 

for each Group 2 species by dividing 

each limited entry trawl permit’s total 

projected amount of each Group 2 

species from step (xiv) by the coastwide 

total projected amount for that species 

from step (xv). 


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(4) Group 3 Species: (i) The 

preliminary QS allocation step 

indicated in paragraph (d)(8)(iii)(A) of 

this section will be performed in two 

calculations that result in the division of 

preliminary QS allocation into two 

pools, one to allocate QS equally among 

all eligible limited entry permits, using 

the approach identified for Group 1 

species in paragraph (d)(8)(iv)(B)(2)(i) of 

this section, and the other to allocate QS 

using a formula based on QS allocations 

for target species and areas fished, using 

the approach identified for Group 2 

species in paragraph (d)(8)(iv)(B)(3) of 

this section, using the following 

WCGOP average bycatch rates: 

CANARY

Area Shoreward Seaward 

N. of 47°40′ N. lat. ........................................................................................................................................... 0.00613838 0.00001714 

43°55′ N. lat. to 47°40′ N. lat. ......................................................................................................................... 0.00186217 0.00006486 

40°10′ N. lat. to 43°55′ N. lat. ......................................................................................................................... 0.00485013 0.00001435 

S. of 40°10′ N. lat. ........................................................................................................................................... 0.00050248 0.00000245 

(ii) Through these two processes, 

preliminary QS totaling 100% for each 

species will be allocated. In later steps, 

this amount will be adjusted and 

reduced as indicated in paragraphs 

(d)(8)(iii)(C) and (D) of this section to 

determine the QS allocation. In 

combining the two QS pools for each 

permit, the equal allocation portion is 

weighted according to the process in 

paragraph (d)(8)(iv)(B)(2)(i) of this 

section, and the portion calculated 

based on allocations for target species 

and areas fished is weighted according 

to the process in (d)(8)(iv)(B)(2)(ii) of 

this section. 

(C) Preliminary QS allocation for 

whiting trips. The preliminary QS 

allocation based on whiting trips as 

indicated in paragraph (d)(8)(iii)(B) of 

this section for limited entry trawl 

permits follows a two-step process, one 

to allocate a pool of QS equally among 

all eligible limited entry permits and the 

other to allocate the remainder of the 

preliminary QS based on permit history. 

Through these two processes, 

preliminary QS totaling 100% for each 

species will be allocated. In later steps, 

this amount will be adjusted and 

reduced, as indicated in paragraphs 

(d)(8)(iii)(C) and (D) of this section, to 

determine the QS allocation. 

(1) QS to be allocated equally. The 

pool of QS for equal allocation will be 

determined using the whiting trip 

landings history from Federal limited 

entry groundfish permits that were 

retired through the Federal buyback 

program (i.e., buyback permit) (70 FR 

45695, August 8, 2005). For each 

species, the whiting trip QS pool 

associated with the buyback permits 

will be the buyback permit history as a 

percent of the total fleet history for the 

allocation period. The calculation will 

be based on total absolute pounds with 

no dropped years and no other 

adjustments. The whiting trip QS pool 

associated with the buyback permits 

will be divided equally among all 

qualifying limited entry permits for each 

species. 

(2) QS to be allocated based on each 

permit’s history. The pool for QS 

allocation based on each limited entry 

trawl permit’s history will be the QS 

remaining after subtracting out the QS 

associated with the buyback permits 

allocated equally. 

(i) Whiting QS allocated based on 

each permit’s history. Whiting QS based 

on each limited entry trawl permit’s 

history will be allocated based on the 

permit’s relative history from 1994 

through 2003. For each limited entry 

trawl permit, NMFS will calculate a 

whiting relative history for each 

qualifying year, as follows. First, NMFS 

will sum the permit’s history of 

landings of whiting from whiting trips 

for each year. Second, NMFS will divide 

each permit’s annual sum of whiting 

from whiting trips by the shoreside 

limited entry trawl fleet’s annual sum of 

whiting. NMFS will then calculate a 

total relative history for each permit by 

adding all relative histories for the 

permit together and subtracting the two 

years with the lowest relative history. 

NMFS will then divide the result for 

each permit by the total relative history 

for whiting of all qualifying limited 

entry trawl permits. The result from this 

calculation will then be multiplied by 

the amount of whiting QS in the pool 

to be allocated based on each permit’s 

history. 

(ii) Other incidentally caught species 

QS allocation for eligible limited entry 

trawl permit owners. Other incidentally 

caught species from the QS remaining 

after subtracting out the QS associated 

with the buyback permits will be 

allocated pro-rata based on each limited 

entry trawl permit’s whiting QS from 

whiting trips. Pro-rata means a percent 

that is equal to the percent of whiting 

QS. 

(D) QS from limited entry permits 

calculated separately for non-whiting 

trips and whiting trips. NMFS will 

calculate the portion of QS for each 

species which a permit receives based 

on non-whiting trips and whiting trips 

separately and will weight each 

preliminary QS in proportion to the 

short term allocation between and 

whiting trips and non-whiting trips for 

that species in paragraph 

(d)(8)(iv)(A)(10) of this section or 

determined through the biennial 

specifications process, as applicable. 

(1) non-whiting trips. To determine 

the amount of QS of each species for 

non-whiting trips for each limited entry 

trawl permit, NMFS will multiply the 

preliminary QS for the permit from 

paragraph (d)(8)(iii)(A) of this section 

for each species by the short term 

allocation for that species for nonwhiting trips. 

(2) Whiting trips. To determine the 

amount of QS of each species for 

whiting trips for each limited entry 

trawl permit, NMFS will multiply the 

preliminary QS from paragraph 

(d)(8)(iii)(B) of this section for each 

species by the short term allocation for 

that species for whiting trips. 

(E) QS for each limited entry trawl 

permit. For each limited entry trawl 

permit, NMFS will add the results for 

the permit from paragraphs 

(d)(8)(iv)(D)(1) and (D)(2) of this section 

in order to determine the total QS for 

each species on that permit. 

(F) Adjustment for AMP set-aside and 

shoreside processor initial issuance 

allocations. NMFS will reduce the nonwhiting QS allocation to each limited 

entry trawl permit by 10 percent, for a 

QS set-aside to AMP. NMFS will reduce 

the whiting QS allocation to each 

limited entry trawl permit by 20 percent 

for the initial QS allocation to shoreside 

processors. 

(G) Allocation of initial issuance of 

whiting QS for shoreside processors. 

NMFS will calculate the amount of 

whiting QS available to shoreside 

processors from the 20 percent 

adjustment of whiting QS allocations in 

paragraph (d)(8)(iv)(F) of this section. 

For each eligible shoreside processor, 


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whiting QS will be allocated based on 

the eligible shoreside processor’s 

relative history from 1998 through 2004. 

Only the deliveries for which the 

shoreside processor is the first processor 

of the fish will be used in the 

calculation of whiting relative history. 

(1) For each shoreside processor 

which has received deliveries of at least 

1 mt of whiting from whiting trips in 

each of any two years from 1998 

through 2004, NMFS will calculate a 

whiting relative history for each 

qualifying year, as follows. First, NMFS 

will sum the shoreside processor’s 

receipts of whiting for each year. 

Second, NMFS will calculate the 

relative history for each year by dividing 

each shoreside processor’s annual sum 

of whiting receipts by the aggregate 

annual sum of whiting received by all 

shoreside processors in that year. NMFS 

will then calculate a total relative 

history for each shoreside processor by 

adding all relative histories for the 

shoreside processor together and 

subtracting the two years with the 

lowest relative history. NMFS will then 

divide the result for each shoreside 

processor by the aggregate sum of all 

total relative histories for whiting by all 

qualifying shoreside processors. The 

result from this calculation will then be 

multiplied by 20% to determine the 

shoreside processor’s whiting QS. 

(2) For purposes of making an initial 

issuance of whiting QS to a shoreside 

processor, NMFS will attribute landing 

history to the Pacific whiting shoreside 

first receiver reported on the landing 

receipt (the entity responsible for filling 

out the state landing receipt) as 

recorded in the dataset that was 

extracted from PacFIN by NMFS on July 

1, 2010. History may be reassigned to a 

shoreside processor not on the state 

landings receipt as described at 

paragraph (d)(8)(vi)(B) of this section. 

(H) Allocation of Pacific halibut IBQ 

for each limited entry trawl permit. For 

each eligible limited entry trawl permit 

owner, NMFS will calculate Pacific 

halibut individual bycatch quota (IBQ) 

for the area north of 40°10′ N. lat. using 

a formula based on (a) QS allocations for 

each limited entry trawl permit for two 

target species, (b) areas of distribution of 

fishing effort as determined from 2003– 

2006 target species catch data from the 

PacFIN Coastwide Trawl Logbook 

Database, (c) average bycatch ratios for 

each area as derived from WCGOP data 

from 2003 through 2006, and (d) the 

non-whiting initial issuance allocation 

of the limited entry trawl allocation 

amounts for 2011 for arrowtooth and 

petrale sole. These data are used in a 

series of sequential steps to determine 

the allocation of IBQ to each limited 

entry trawl permit. Steps (3) to (6) 

estimate the permit’s total 2003–2006 

target species by area. Steps (7) to (13) 

project Pacific halibut bycatch amounts 

using 2003–2006 WCGOP observer 

ratios and the 2011 non-whiting initial 

issuance allocation of the limited entry 

trawl allocation amounts. Steps (14) to 

(16) convert these amounts into QS. 

(1) The target species are arrowtooth 

flounder and petrale sole. 

(2) The four bycatch areas are defined 

latitudinally and by depth. The 

latitudinal areas are (a) north of 47°30′ 

N. lat., and (b) between 40°10′ N. lat. 

and 47°30′ N. lat. Each latitudinal area 

is further divided by depth into areas 

shoreward and seaward of the trawl 

Rockfish Conservation Area as defined 

at § 660.130(e)(4), subpart D. 

(3) For each limited entry trawl 

permit, NMFS will review the Permit 

Logbook data for that permit and sum 

target species catch recorded for the 

years 2003–2006, resulting in total target 

species catch in each of the four areas 

for each permit for the years 2003 

through 2006 for both target species in 

aggregate. For practicability, seaward or 

shoreward of the RCA as identified in 

the logbook data is defined as being 

deeper than or shallower than 115 

fathoms, respectively. 

(4) For each limited entry trawl 

permit, NMFS will also sum the target 

species catch by area into total aggregate 

target species catch for each permit for 

the years 2003 through 2006. 

(5) For each limited entry trawl 

permit, NMFS will divide logbook 

aggregate target species catch in each 

area (step (3)) the by the sum of the 

permit’s catch of each target species in 

all four bycatch areas (step (4)) to create 

a set of area catch ratios for each permit. 

(Note: The sum of all four area catch 

ratios in aggregate equals 1 for each 

permit). 

(6) For limited entry trawl permits 

where the vessel registered to the permit 

did not submit logbooks showing any 

catch of either of the two target species 

for any of the years 2003 through 2006, 

NMFS will use the following formula to 

calculate area target catch ratios: NMFS 

will sum by area all limited entry trawl 

permits’ total logbook area target catches 

from step (3), and sum all limited entry 

trawl permits’ total logbook target 

catches across all four areas from step 

(4); and divide these sums to create 

average permit logbook area target catch 

ratios. 

(7) NMFS will calculate the 2011 nonwhiting short term allocation amount 

for each of the two target species by 

multiplying the limited entry trawl 

allocation amounts for 2011 for each by 

the corresponding short term allocation 

for the non-whiting sector given in 

paragraph (d)(8)(iv)(A)(10) of this 

section. 

(8) For each limited entry trawl 

permit, NMFS will obtain the nonwhiting portion of each limited entry 

trawl permit’s initial QS allocations for 

each of the two target species resulting 

from paragraph (d)(8)(iv)(B)(2) of this 

section. 

(9) NMFS will calculate each limited 

entry trawl permit’s projected nonwhiting sector quota pounds for the two 

target species for 2011 by multiplying 

the 2011 non-whiting sector short term 

allocation amounts for each of the target 

species by the permit’s QS allocation 

percentage for the species from step (8). 

(10) For each limited entry trawl 

permit, NMFS will sum the projected 

quota pounds for the two target species 

from step (9) to get a total projected 

weight of the two target species for the 

limited entry trawl permit. 

(11) For each limited entry trawl 

permit, NMFS will multiply the 

projected 2011 total weight of the two 

target species by the applicable area 

catch ratio for each area as calculated in 

either step (5) (permits with logbook 

data) or step (6) (permits without 

logbook data). 

(12) NMFS will apply WCGOP 

average halibut bycatch ratios (observed 

halibut catch/total of two target species 

catch) by area. The WCGOP average 

halibut bycatch ratios are as follows: 

PACIFIC HALIBUT

Area Shoreward Seaward 

N. of 47°30′ N. lat. ........................................................................................................................................... 0.117 0.061 

40°10′ N. lat. to 47°30′ N. lat. ......................................................................................................................... 0.07 0.03 


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(13) For each limited entry trawl 

permit, NMFS will calculate projected 

Pacific halibut amounts by area by 

multiplying the limited entry trawl 

permit’s projected 2011 total weight of 

the two target species by area from step 

(11) by the average bycatch ratio for the 

corresponding area of step (12). 

(14) For each limited entry trawl 

permit, NMFS will sum all area 

amounts from step (13) to calculate the 

total projected Pacific halibut amount 

for each limited entry trawl permit. 

(15) NMFS will sum all limited entry 

trawl permits’ projected Pacific halibut 

amounts from step (14) to calculate 

aggregate total amounts of Pacific 

halibut. 

(16) NMFS will estimate preliminary 

Pacific halibut IBQ for each limited 

entry trawl permit by dividing each 

limited entry trawl permit’s total 

projected Pacific halibut amount from 

step (14) by the aggregate total amounts 

of Pacific halibut from step (15). 

(v) QS application. Persons may apply 

for an initial issuance of QS and a QS 

permit in one of two ways: Complete 

and submit a prequalified application 

received from NMFS, or complete and 

submit an application package. 

(A) Prequalified application. A 

‘‘prequalified application’’ is a partially 

pre-filled application where NMFS has 

preliminarily determined the landings 

history that may qualify the applicant 

for an initial issuance of QS. The 

application package will include a 

prequalified application (with landings 

history), a Trawl Identification of 

Ownership Interest form, and any other 

documents NMFS believes are necessary 

to aid the limited entry permit owner in 

completing the QS application. 

(1) For current trawl limited entry 

permit owners, NMFS will mail a 

prequalified application to all owners, 

as listed in the NMFS permit database 

at the time applications are mailed, that 

NMFS determines may qualify for QS. 

NMFS will mail the application by 

certified mail to the current address of 

record in the NMFS permit database. 

The application will contain the basis of 

NMFS’ calculation of the permit 

owner’s QS for each species/species 

group or area. 

(2) For shoreside processors, NMFS 

will mail a prequalified application to 

those Pacific whiting shoreside first 

receivers with receipts of 1 mt or more 

of whiting from whiting trips in each of 

any two years from 1998 through 2004, 

as documented on fish tickets in the 

dataset extracted from PacFIN by NMFS 

on July 1, 2010. NMFS will mail the 

prequalified application by certified 

mail to the current address of record 

given by the state in which the entity is 

registered. For all qualified entities who 

meet the eligibility requirement at 

paragraph (d)(8)(ii)(B) of this section, 

the application will provide the basis of 

NMFS’ calculation of the initial 

issuance of Pacific whiting QS. 

(B) Request for an application. An 

owner of a current limited entry trawl 

permit or a Pacific whiting first receiver 

or shoreside processor that believes it is 

qualified for an initial issuance of QS 

and does not receive a prequalified 

application, must complete an 

application package and submit the 

completed application to NMFS by the 

application deadline. The completed 

application must either be post-marked 

or hand-delivered within normal 

business hours no later than [date 60 

calendar days after publication of the 

final rule in the Federal Register]. 

Application packages are available on 

NMFS’ Web site (http:// 

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm) or by 

contacting SFD. An application must 

include valid PacFIN data or other 

credible information that substantiates 

the applicant’s qualification for an 

initial issuance of QS. If an applicant 

fails to submit a completed application 

by the deadline date, they forgo the 

opportunity to receive consideration for 

an initial issuance of QS. 

(vi) Corrections to the application. If 

an applicant does not accept NMFS’ 

calculation in the prequalified 

application either in part or whole, the 

applicant must identify in writing to 

NMFS which parts the applicant 

believes to be inaccurate, and must 

provide specific credible information to 

substantiate any requested corrections. 

The completed application and specific 

credible information must be provided 

to NMFS in writing by the application 

deadline. Written communication must 

either be post-marked or hand-delivered 

within normal business hours no later 

than [date 60 calendar days after 

publication of the final rule in the 

Federal Register]. Requests for 

corrections may only be granted for the 

following reasons: 

(A) Errors in NMFS’ extraction, 

aggregation, or expansion of data, 

including: 

(1) Errors in NMFS’ extraction of 

landings data from PacFIN; 

(2) Errors in NMFS’ extraction of state 

logbook data from PacFIN; 

(3) Errors in NMFS’ application of the 

QS allocation formula; 

(4) Errors in identification of the 

permit owner, permit combinations, or 

vessel registration as listed in NMFS 

permit database; 

(5) Errors in identification of or 

ownership information for the first 

receiver or the processor that first 

processed the fish. 

(B) Reassignment of Pacific whiting 

landings history for shoreside 

processors. For shoreside processors, 

the landing history may be reassigned 

from the Pacific whiting shoreside first 

receiver identified in the PacFIN 

database to a shoreside processor that 

was in fact the first processor of the fish. 

In order for an applicant to request that 

landing history be reassigned, an 

authorized representative for the Pacific 

whiting shoreside first receiver 

identified on the state landing receipt 

must submit, by the application 

deadline date specified in paragraph 

(d)(8)(vii)(B) of this section for initial 

issuance of QS, a written request that 

the whiting landings history from the 

qualifying years be conveyed to a 

shoreside processor. The letter must be 

signed and dated by the authorized 

representative of the Pacific whiting 

shoreside first receiver named on the 

state landing receipt and signed and 

dated by the authorized representative 

of the shoreside processor to which the 

Pacific whiting landing history is 

requested to be reassigned. The letter 

must identify the dates of the landings 

history and the associated amounts that 

are requested to be reassigned, and 

include the legal name of the shoreside 

processor to which the Pacific whiting 

landing history is requested to be 

reassigned, their date of birth or tax 

identification number, business address, 

business phone number, fax number, 

and e-mail address. If any document 

exists that demonstrates that the 

shoreside processor to which the Pacific 

whiting landing history is requested to 

be reassigned was in fact the first 

processor of the fish, such 

documentation must be provided to 

NMFS. NMFS will review the 

information submitted and will make a 

determination as part of the IAD. 

(vii) Submission of the application 

and application deadline. (A) 

Submission of the application. 

Submission of the complete, certified 

application includes, but is not limited 

to, the following: 

(1) The applicant is required to sign 

and date the application and have the 

document notarized by a licensed 

Notary Public. 

(2) The applicant must certify that 

they qualify to own QS. 

(3) The applicant must indicate they 

accept NMFS’ calculation of initial 

issuance of QS provided in the 

prequalified application, or provide 

credible information that demonstrates 

their qualification for QS. 

(4) The applicant is required to 

provide a complete Trawl Identification 


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of Ownership Interest Form as specified 

at paragraph (d)(4)(iv) of this section. 

(5) Business entities may be required 

to submit a corporate resolution or other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity; and 

(6) NMFS may request additional 

information of the applicant as 

necessary to make an IAD on initial QS 

issuance. 

(B) Application deadline. A complete, 

certified application must be mailed or 

hand-delivered to NMFS, Northwest 

Region, Permits Office, Bldg. 1, 7600 

Sand Point Way NE., Seattle, WA 98115, 

and postmarked no later than [date 60 

calendar days after publication of the 

final rule in the Federal Register]. 

NMFS will not accept or review any 

applications received or postmarked 

after the application deadline. There are 

no hardship exemptions for this 

deadline. 

(viii) Permit transfer during 

application period. NMFS will not 

review or approve any request for a 

change in limited entry trawl permit 

owner at any time after [DATE FINAL 

RULE PUBLISHED IN Federal 

Register] until a final decision is made 

by the Regional Administrator on behalf 

of the Secretary of Commerce regarding 

the QS to be issued for that permit. 

(ix) Initial Administrative 

Determination (IAD). NMFS will issue 

an IAD for all complete, certified 

applications received by the application 

deadline date. If NMFS approves an 

application for initial issuance of QS, 

the applicant will receive a QS Permit 

specifying the amounts of QS for which 

the applicant has qualified and the 

applicant will be registered to a QS 

Account. If NMFS disapproves or 

partially disapproves an application, the 

IAD will provide the reasons NMFS did 

not approve the application. As part of 

the IAD, NMFS will indicate whether 

the QS Permit owner qualifies for QS in 

amounts that exceed the accumulation 

limits and are subject to divestiture 

provisions given at paragraph (d)(4)(v) 

of this section, or whether the QS 

permit owner qualifies for QS that 

exceed the accumulation limits and 

does not qualify to receive the excess 

under paragraph (d)(4)(v) of this section. 

If the applicant does not appeal the IAD 

within 30 calendar days of the date on 

the IAD, the IAD becomes the final 

decision of the Regional Administrator 

acting on behalf of the Secretary of 

Commerce. 

(x) Appeals. For QS permits and QS 

issued under this section, the appeals 

process and timelines are specified at 

§ 660.25(g), subpart C. For the initial 

issuance of QS and the QS permits, the 

bases for appeal are described in 

paragraph (d)(8)(vi) of this section. An 

additional basis for appeal for whiting 

QS based on shoreside processing is an 

allegation that the shoreside processor 

or Pacific whiting shoreside first 

receiver to which a QS Permit and QS 

have been assigned was not in fact the 

first processor of the fish included in 

the qualifying landings history. The 

appellant must submit credible 

information supporting the allegation 

that they were in fact the first shoreside 

processor for the fish in question. Items 

not subject to appeal include, but are 

not limited to, the accuracy of permit 

landings data or Pacific whiting 

shoreside first receiver landings data in 

the dataset extracted from PacFIN by 

NMFS on July 1, 2010. 

(e) Vessel accounts. [Reserved] 

(f) First Receiver Site License. 

[Reserved] 

(g) Retention requirements (whiting 

and non-whiting vessels). [Reserved] 

(h) Observer Requirements. [Reserved] 

(i) [Reserved] 

(j) Shoreside Catch Monitor 

requirements for IFQ first receivers. 

[Reserved] 

(k) Catch weighing requirements. 

[Reserved] 

(l) Gear Switching. [Reserved] 

(m) Adaptive Management Program. 

[Reserved] 

§ 660.150 Mothership (MS) Coop program. 

(a) General. The MS Coop Program 

requirements in this section will be 

effective beginning January 1, 2011, 

except for paragraphs (f)(3), (f)(5), (f)(6), 

(g)(3), (g)(5), and (g)(6) which are 

effectively immediately. The MS Coop 

Program is a limited access program that 

applies to eligible harvesters and 

processors in the mothership sector of 

the Pacific whiting at-sea trawl fishery. 

Eligible harvesters and processors, 

including coop and non-coop fishery 

participants, must meet the 

requirements set forth in this section of 

the Pacific Coast groundfish regulations. 

In addition to the requirements of this 

section, the MS coop program is subject 

to the following groundfish regulations 

of subparts C and D: 

(1) Pacific whiting seasons 

§ 660.131(b), subpart D. 

(2) Area restrictions specified for 

midwater trawl gear used to harvest 

Pacific whiting fishery specified at 

§ 660.131(c), Subpart D for GCAs, RCAs, 

Salmon Conservation Zones, BRAs, and 

EFHCAs. 

(3) Regulations set out in the 

following sections of subpart C: § 660.11 

Definitions, § 660.12 Prohibitions, 

§ 660.13 Recordkeeping and reporting, 

§ 660.14 VMS requirements, § 660.15 

Equipment requirements, § 660.16 

Groundfish Observer Program, § 660.20 

Vessel and gear identification, § 660.25 

Permits, § 660.26 Pacific whiting vessel 

licenses, § 660.55 Allocations, § 660.60 

Specifications and management 

measures, § 660.65 Groundfish harvest 

specifications, and §§ 660.70 through 

660.79 Closed areas. 

(4) Regulations set out in the 

following sections of subpart D: 

§ 660.111 Trawl fishery definitions, 

§ 660.112 Trawl fishery prohibitions, 

§ 660.113 Trawl fishery recordkeeping 

and reporting, § 660.116 Trawl fishery 

observer requirements, § 660.120 Trawl 

fishery crossover provisions, § 660.130 

Trawl fishery management measures, 

and § 660.131 Pacific whiting fishery 

management measures. 

(5) The MS Coop Program may be 

restricted or closed as a result of 

projected overages within the MS Coop 

Program, the C/P Coop Program, or the 

Shorebased IFQ Program. As 

determined necessary by the Regional 

Administrator, area restrictions, season 

closures, or other measures will be used 

to prevent the trawl sectors in aggregate 

or the individual trawl sector 

(Shorebased IFQ, MS Coop, or C/P 

Coop) from exceeding an OY, or formal 

allocation specified in the PCGFMP or 

regulation at § 660.55, subpart C, or 

§§ 660.140, 660.150, or 660.160, subpart 

D. 

(b) Participation requirements. 

[Reserved] 

(1) Mothership vessels. [Reserved] 

(2) Mothership catcher vessels. 

[Reserved] 

(3) MS Coop formation and failure. 

[Reserved] 

(c) Inter-coop agreement. [Reserved] 

(d) MS coop program species and 

allocations—(1) MS coop program 

species. MS Coop Program Species are 

as follows: 

(i) Species with formal allocations to 

the MS Program are Pacific whiting, 

canary rockfish, darkblotched rockfish, 

Pacific Ocean perch, and widow 

rockfish; 

(ii) Species with set-asides for the MS 

and C/P Programs combined, as 

described in Tables 1d and 2d, subpart 

C. 

(2) Annual mothership sector suballocations. [Reserved] 

(i) Mothership catcher vessel catch 

history assignments. [Reserved] 

(ii) Annual coop allocations. 

[Reserved] 

(iii) Annual non-coop allocation. 

[Reserved] 

(3) Reaching an allocation or suballocation. [Reserved] 

(4) Non-whiting groundfish species 

reapportionment. [Reserved] 


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(5) Announcements. [Reserved] 

(6) Redistribution of annual 

allocation. [Reserved] 

(7) Processor obligation. [Reserved] 

(8) Allocation accumulation limits. 

[Reserved] 

(e) MS coop permit and agreement. 

[Reserved] 

(f) Mothership (MS) permit. 

(1) General. Any vessel that processes 

or receives deliveries as a mothership 

processor in the Pacific whiting fishery 

mothership sector must be registered to 

an MS permit. A vessel registered to an 

MS permit may receive fish from a 

vessel that fishes in an MS coop and/or 

may receive fish from a vessel that 

fishes in the non-coop fishery at the 

same time or during the same year. 

(i) Eligibility to own or hold an MS 

permit. To acquire an MS permit a 

person must be eligible to own and 

control a U.S. fishing vessel with a 

fishery endorsement pursuant to 46 

U.S.C. 12113 (general fishery 

endorsement requirements and 75 

percent citizenship requirement for 

entities) and must be: A United States 

citizen; a permanent resident alien; or a 

corporation, partnership or other entity 

established under the laws of the United 

States or any State. 

(ii) Vessel size endorsement. An MS 

permit does not have a vessel size 

endorsement. The endorsement 

provisions at § 660.25(b)(3)(iii), subpart 

C, do not apply to a MS permit. 

(iii) Restriction on C/P vessels 

operating as motherships. Restrictions 

on a vessel registered to a limited entry 

permit with a C/P endorsement 

operating as a mothership are specified 

at § 660.160, subpart D. 

(2) Renewal, change of permit 

ownership, or vessel registration. 

[Reserved] 

(3) Accumulation limits. 

(i) MS permit usage limit. [Reserved] 

(ii) Ownership—individual and 

collective rule. The ownership that 

counts toward a person’s accumulation 

limit will include: 

(A) Any MS permit owned by that 

person, and 

(B) A portion of any MS permit 

owned by an entity in which that person 

has an interest, where the person’s share 

of interest in that entity will determine 

the portion of that entity’s ownership 

that counts toward the person’s limit. 

(iii) [Reserved]. 

(iv) Trawl identification of ownership 

interest form. Any person that is 

applying for an MS permit shall 

document those individuals that have 

greater than or equal to 2 percent 

ownership interest in the permit. This 

ownership interest must be documented 

with the SFD via the Trawl 

Identification of Ownership Interest 

Form sent to the permit owner with 

their application. SFD will not issue an 

MS Permit unless the Trawl 

Identification of Ownership Interest 

Form has been completed. 

(4) Appeals. [Reserved]. 

(5) Fees. The Regional Administrator 

is authorized to charge fees for 

administrative costs associated with the 

issuance of an MS permit consistent 

with the provisions given at § 660.25(f), 

Subpart C. 

(6) Application requirements and 

initial issuance for MS permit—(i) 

Eligibility criteria for MS permit. Only 

the current owner of a vessel that 

processed Pacific whiting in the 

mothership sector in the qualifying 

years is eligible to receive initial 

issuance of an MS permit, except that in 

the case of bareboat charterers, the 

charterer of the bareboat may receive an 

MS permit instead of the vessel owner. 

As used in this section, ‘‘bareboat 

charterer’’ means a vessel charterer 

operating under a bareboat charter, 

defined as a complete transfer of 

possession, command, and navigation of 

a vessel from the vessel owner to the 

charterer for the limited time of the 

charter agreement. 

(ii) Qualifying criteria for MS permit. 

To qualify for initial issuance of an MS 

permit, a person must own, or operate 

under a bareboat charter, a vessel on 

which at least 1,000 mt of Pacific 

whiting was processed in the 

mothership sector in each year for at 

least two years between 1997 and 2003 

inclusive. 

(iii) MS permit application. Persons 

may apply for initial issuance of an MS 

permit in one of two ways: Complete 

and submit a prequalified application 

received from NMFS, or complete and 

submit an application package. 

(A) Prequalified application. A 

‘‘prequalified application’’ is a partially 

pre-filled application where NMFS has 

preliminarily determined the processing 

history that may qualify the applicant 

for an initial issuance of an MS permit. 

NMFS will mail prequalified 

application packages to the owners of 

the vessel or charterer of the bareboat 

which NMFS determines may qualify 

for an MS permit. NMFS will mail the 

application by certified mail to the 

current address of record in the NMFS 

permit database. The application will 

contain the basis of NMFS’ calculation. 

The application package will include, 

but is not limited to: A prequalified 

application (with processing history), a 

Trawl Identification of Ownership 

Interest form, and any other documents 

NMFS believes are necessary to aid the 

owners of the vessel or charterer of the 

bareboat to complete the MS permit 

application. 

(B) Request for an application. Any 

current owner or bareboat charterer of a 

vessel that the owner or bareboat 

charterer believes qualifies for initial 

issuance of an MS permit that does not 

receive a prequalified application must 

complete an application package and 

submit the completed application to 

NMFS by the application deadline. The 

completed application must be either 

post-marked or hand-delivered within 

normal business hours no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

Application packages are available on 

NMFS’ Web site (http:// 

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm) or by 

contacting SFD. An application must 

include valid NORPAC data or other 

credible information that substantiates 

the applicant’s qualification for initial 

issuance of an MS permit. If an 

applicant fails to submit a completed 

application by the deadline date, they 

forgo the opportunity to receive 

consideration for initial issuance of an 

MS permit. 

(iv) Corrections to the application. If 

the applicant does not accept NMFS’ 

calculation in the prequalified 

application either in part or whole, in 

order for NMFS to reconsider NMFS’ 

calculation, the applicant must identify 

in writing to NMFS which parts of the 

prequalified application that the 

applicant contends to be inaccurate, and 

must provide specific credible 

information to substantiate any 

requested corrections. The completed 

application and specific credible 

information must be provided to NMFS 

in writing by the application deadline. 

Written communication must be either 

post-marked or hand-delivered within 

normal business hours no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

Requests for corrections may only be 

granted for errors in NMFS’ extraction, 

aggregation, or expansion of data, 

including: 

(A) Errors in NMFS’ extraction of data 

from NORPAC; 

(B) Errors in NMFS’ calculations; and 

(C) Errors in the vessel registration as 

listed in the NMFS permit database, or 

in the identification of the mothership 

owner or bareboat charterer. 

(v) Submission of the application and 

application deadline—(A) Submission 

of the Application. Submission of the 

complete, certified application includes, 

but is not limited to, the following: 

(1) The applicant is required to sign 

and date the application and have the 


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document notarized by a licensed 

Notary Public. 

(2) The applicant must certify that 

they qualify to own an MS permit. 

(3) The applicant must indicate they 

accept NMFS’ calculation in the 

prequalified application, or provide 

credible information that demonstrates 

their qualification for an MS permit. 

(4) The applicant is required to 

provide a complete Trawl Identification 

of Ownership Interest Form as specified 

at paragraph (f)(3)(iv) of this section. 

(5) Business entities may be required 

to submit a corporate resolution or other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity; 

(6) A bareboat charterer must provide 

credible evidence that demonstrates it 

was chartering the mothership vessel 

under a private contract during the 

qualifying years; and 

(7) NMFS may request additional 

information of the applicant as 

necessary to make an IAD on initial 

issuance of an MS permit. 

(B) Application deadline. A complete, 

certified application must be mailed or 

hand-delivered to NMFS, Northwest 

Region, Permits Office, Bldg. 1, 7600 

Sand Point Way NE., Seattle, WA 98115, 

and postmarked no later than [date 60 

days after publication of the final rule 

in the Federal Register]. NMFS will 

not accept or review any applications 

received or postmarked after the 

application deadline. There are no 

hardship provisions for this deadline. 

(vi) Initial Administrative 

Determination (IAD). NMFS will issue 

an IAD for all complete, certified 

applications received by the application 

deadline date. If NMFS approves an 

application for initial issuance of an MS 

permit, the applicant will receive an MS 

Permit. If NMFS disapproves an 

application, the IAD will provide the 

reasons NMFS did not approve the 

application. If the applicant does not 

appeal the IAD within 30 calendar days 

of the date on the IAD, the IAD becomes 

the final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

(vii) Appeals. For MS permits issued 

under this section, the appeals process 

and timelines are specified at 

§ 660.25(g), subpart C. For the initial 

issuance of an MS permit, the bases for 

appeal are described in paragraph 

(f)(6)(iv) of this section. Items not 

subject to appeal include, but are not 

limited to, the accuracy of data in the 

dataset extracted from NORPAC by 

NMFS on July 1, 2010. 

(g) Mothership catcher vessel (MS/CV) 

endorsed permit—(1) General. Any 

vessel that delivers whiting to a 

mothership processor in the Pacific 

whiting fishery mothership sector must 

be registered to an MS/CV-endorsed 

permit, except that a vessel registered to 

limited entry trawl permit without an 

MS/CV or C/P endorsement may fish for 

a coop with permission from a coop. 

Within the MS Coop Program, an MS/ 

CV endorsed permit may participate in 

an MS coop or in the non-coop fishery. 

(i) Catch history assignment. NMFS 

will assign a catch history assignment to 

each MS/CV endorsed permit. The catch 

history assignment is based on the catch 

history in the Pacific whiting 

mothership sector during the qualifying 

years of 1994 through 2003. The catch 

history assignment is expressed as a 

percentage of Pacific whiting of the total 

mothership sector allocation as 

described at paragraph (d)(2)(i) of this 

section. Catch history assignments will 

be issued to the nearest whole pound 

using standard rounding rules (i.e. 

decimal amounts from 0 up to 0.5 round 

down and 0.5 and above round up). 

(ii) Pacific whiting Mothership Sector 

Allocation. The catch history allocation 

accrues to the coop to which the MS/CV 

permit is tied through private 

agreement, or will be assigned to the 

non-coop fishery if the MS/CV-endorsed 

permit does not participate in the coop 

fishery. 

(iii) Non-severable. The MS/CV 

endorsement and its catch history 

assignment are not severable from the 

limited entry trawl permit. An MS/CV 

endorsement and its catch history 

assignment are permanently affixed to 

the original qualifying limited entry 

permit, and cannot be transferred 

separately from the original qualifying 

limited entry permit. 

(iv) Renewal. [Reserved] 

(v) Restrictions on processing by MS/ 

CV endorsed permit. A vessel registered 

to an MS/CV-endorsed permit in a given 

year shall not engage in processing of 

Pacific whiting during that year. 

(2) Change of Permit owner, vessel 

registration, vessel owner, or 

combination. [Reserved] 

(3) Accumulation limits—(i) MS/CVendorsed permit ownership limit. No 

person shall own MS/CV-endorsed 

permits for which the collective Pacific 

whiting allocation total is greater than 

20 percent of the total mothership sector 

allocation. For purposes of determining 

accumulation limits, NMFS requires 

that permit owners submit a complete 

trawl ownership interest form for the 

permit owner as part of annual renewal 

of an MS/CV-endorsed permit. An 

ownership interest form will also be 

required whenever a new permit owner 

obtains an MS/CV-endorsed permit as 

part of a permit transfer request. 

Accumulation limits will be determined 

by calculating the percentage of 

ownership interest a person has in any 

MS/CV-endorsed permit and the 

amount of the Pacific whiting catch 

history assignment given on the permit. 

Determination of ownership interest 

will be subject to the individual and 

collective rule. 

(A) Ownership—Individual and 

collective rule. The Pacific whiting 

catch history assignment that applies to 

a person’s accumulation limit will 

include: 

(1) The catch history assignment 

owned by that person, and 

(2) A portion of the catch history 

assignment owned by an entity in which 

that person has an interest, where the 

person’s share of interest in that entity 

will determine the portion of that 

entity’s catch history assignment that 

counts toward the person’s limit. 

(B) [Reserved]. 

(C) Trawl identification of ownership 

interest form. Any person that owns a 

limited entry trawl permit and is 

applying for an MS/CV endorsement 

shall document those individuals that 

have greater than or equal to 2 percent 

ownership interest in the permit. This 

ownership interest must be documented 

with the SFD via the Trawl 

Identification of Ownership Interest 

Form sent to the permit owner with 

their application. SFD will not issue an 

MS/CV endorsement unless the Trawl 

Identification of Ownership Interest 

Form has been completed. Further, if 

SFD discovers through review of the 

Trawl Identification of Ownership 

Interest Form that a person owns or 

controls more than the accumulation 

limits, the person will subject to 

divestiture provisions specified in 

paragraph (g)(3)(i)(D) of this section. 

(D) Divestiture. If NMFS determines 

that an applicant exceeds the MS/CVendorsed permit ownership limit, 

NMFS will notify the applicant. The 

applicant must comply with the MS/CVendorsed permit ownership limit 

requirement prior to issuance of the MS/ 

CV endorsement. 

(ii) [Reserved]. 

(4) Appeals. [Reserved] 

(5) Fees. The Regional Administrator 

is authorized to charge a fee for 

administrative costs associated with the 

issuance of an MS/CV endorsed permit, 

as provided at § 660.25(f), Subpart C. 

(6) Application requirements and 

initial issuance for MS/CV 

endorsement—(i) Eligibility criteria for 

MS/CV endorsement. Only a current 

trawl limited entry permit with a 

qualifying history of Pacific whiting 

deliveries in the MS Pacific whiting 

sector is eligible to receive an MS/CV 


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endorsement. Any past catch history 

associated with the current limited 

entry trawl permit accrues to the permit. 

If a trawl limited entry permit is eligible 

to receive both a C/P endorsement and 

an MS/CV endorsement, the permit 

owner must choose which endorsement 

to apply for (i.e., the owner of such a 

permit may not receive both a C/P and 

an MS/CV endorsement). NMFS will not 

recognize any other person as permit 

owner other than the person listed as 

permit owner in NMFS permit database. 

(ii) Qualifying criteria for MS/CV 

endorsement. In order to qualify for an 

MS/CV endorsement, a qualifying trawl 

endorsed limited entry permit must 

have been registered to a vessel or 

vessels that caught and delivered a 

cumulative amount of at least 500 mt of 

Pacific whiting to motherships between 

1994 through 2003. The calculation will 

be based on the following: 

(A) To determine a permit’s qualifying 

catch history, NMFS will use 

documented deliveries to a mothership 

in Pacific whiting observer data as 

recorded in the dataset that was 

extracted from NORPAC by NMFS on 

July 1, 2010. 

(B) The qualifying catch history will 

include any deliveries of Pacific whiting 

to motherships by vessels registered to 

limited entry trawl endorsed permits 

that were subsequently combined to 

generate the current permit. 

(C) If two or more limited entry trawl 

permits have been simultaneously 

registered to the same vessel, NMFS will 

divide the qualifying catch history 

evenly between all permits. 

(D) History of illegal deliveries will 

not be included in the qualifying catch 

history. 

(E) Deliveries made from Federal 

limited entry groundfish permits that 

were retired through the Federal 

buyback program will not be included 

in the qualifying catch history. 

(F) Deliveries made under provisional 

‘‘A’’ permits that did not become ‘‘A’’ 

permits and ‘‘B’’ permits will not be 

included in the qualifying catch history. 

(iii) Qualifying criteria for catch 

history assignment. A catch history 

assignment will be specified as a 

percent on the MS/CV endorsed permit. 

The calculation will be based on the 

following: 

(A) For determination of a permit’s 

catch history, NMFS will use 

documented deliveries to a mothership 

in Pacific whiting observer data as 

recorded in the dataset that was 

extracted from NORPAC by NMFS on 

July 1, 2010. 

(B) NMFS will use relative history, 

which means the catch history of a 

permit for a year divided by the total 

fleet history for that year, expressed as 

a percent. NMFS will calculate relative 

history for each year in the qualifying 

period from 1994 through 2003 by 

dividing the total deliveries of Pacific 

whiting to motherships for the vessel(s) 

registered to the permit for each year by 

the sum of the total catch of Pacific 

whiting delivered to mothership 

vessel(s) for that year. 

(C) NMFS will select the eight years 

with the highest relative history of 

Pacific whiting, unless the applicant 

requests a different set of eight years 

during the initial issuance and appeals 

process, and will add the relative 

histories for these years to generate the 

permit’s total relative history. NMFS 

will then divide the permit’s total 

relative history by the sum of all 

qualifying permits’ total relative 

histories to determine the permit’s catch 

history assignment, expressed as a 

percent. 

(D) The total relative history will 

include any deliveries of Pacific whiting 

to motherships by vessels registered to 

limited entry trawl endorsed permits 

that were subsequently combined to 

generate the current permit. 

(E) If two or more limited entry trawl 

permits have been simultaneously 

registered to the same vessel, NMFS will 

split the catch history evenly between 

all permits. 

(F) History of illegal deliveries will 

not be included in the calculation of a 

permit’s catch history assignment or in 

the calculation of relative history for 

individual years. 

(G) Deliveries made from Federal 

limited entry groundfish permits that 

were retired through the Federal 

buyback program will not be included 

in the calculation of a permit’s catch 

history assignment other than for the 

purpose of calculating relative history 

for individual years. 

(H) Deliveries made under provisional 

‘‘A’’ permits that did not become ‘‘A’’ 

permits and ‘‘B’’ permits will not be 

included in the calculation of a permit’s 

catch history assignment other than for 

the purpose of calculating relative 

history for individual years. 

(iv) MS/CV endorsement and catch 

history assignment application. Persons 

may apply for an initial issuance of an 

MS/CV endorsement on a limited entry 

trawl permit and its associated catch 

history assignment in one of two ways: 

Complete and submit a prequalified 

application received from NMFS, or 

complete and submit an application 

package. 

(A) Prequalified application. A 

‘‘prequalified application’’ is a partially 

pre-filled application where NMFS has 

preliminarily determined the catch 

history that may qualify the applicant 

for an initial issuance of an MS/CV 

endorsement and associated catch 

history assignment. NMFS will mail 

prequalified application packages to the 

owners of current limited entry trawl 

permits, as listed in the NMFS permit 

database at the time applications are 

mailed, which NMFS determines may 

qualify for an MS/CV endorsement and 

associated catch history assignment. 

NMFS will mail the application by 

certified mail to the current address of 

record in the NMFS permit database. 

The application will contain the basis of 

NMFS’ calculation. The application 

package will include, but is not limited 

to: A prequalified application (with 

landings history), a Trawl Identification 

of Ownership Interest form, and any 

other documents NMFS believes are 

necessary to aid the limited entry permit 

owner in completing the application. 

(B) Request for an application. Any 

owner of a current limited entry trawl 

permit that does not receive a 

prequalified application that believes 

the permit qualifies for an initial 

issuance of an MS/CV endorsement and 

associated catch history assignment 

must complete an application package 

and submit the completed application to 

NMFS by the application deadline. The 

completed application must be either 

post-marked or hand-delivered within 

normal business hours no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

Application packages are available on 

the NMFS Web site (http:// 

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm) or by 

contacting SFD. An application must 

include valid NORPAC data, copies of 

NMFS observer data forms, or other 

credible information that substantiates 

the applicant’s qualification for an 

initial issuance of an MS/CV 

endorsement and associated catch 

history assignment. If an applicant fails 

to submit a completed application by 

the deadline date, they forgo the 

opportunity to receive consideration for 

an initial issuance of a MS/CV 

endorsement and associated catch 

history assignment. 

(v) Corrections to the application. If 

the applicant does not accept NMFS’ 

calculation in the prequalified 

application either in part or whole, in 

order for NMFS to reconsider NMFS’ 

calculation, the applicant must identify 

in writing to NMFS which parts of the 

application that the applicant contends 

to be inaccurate, and must provide 

specific credible information to 

substantiate any requested corrections. 

The completed application and specific 

credible information must be provided 


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to NMFS in writing by the application 

deadline. Written communication must 

be either post-marked or hand-delivered 

within normal business hours no later 

than [date 60 days after publication of 

the final rule in the Federal Register]. 

Requests for corrections may only be 

granted for changes to the selection of 

the eight years with the highest relative 

history of whiting and errors in NMFS’ 

extraction, aggregation, or expansion of 

data, including: 

(A) Errors in NMFS’ extraction of data 

from NORPAC; 

(B) Errors in NMFS’ calculations; and 

(C) Errors in the identification of the 

permit owner, permit combinations, or 

vessel registration as listed in the NMFS 

permit database. 

(vi) Submission of the application and 

application deadline—(A) Submission 

of the application. Submission of the 

complete, certified application includes, 

but is not limited to, the following: 

(1) The applicant is required to sign 

and date the application and have the 

document notarized by a licensed 

Notary Public. 

(2) The applicant must certify that 

they qualify to own an MS/CV-endorsed 

permit and associated catch history 

assignment. 

(3) The applicant must indicate they 

accept NMFS’ calculation of initial 

issuance of an MS/CV-endorsed permit 

and associated catch history assignment 

provided in the prequalified 

application, or provide credible 

information that demonstrates their 

qualification for an MS/CV-endorsed 

permit and associated catch history 

assignment. 

(4) The applicant is required to 

provide a complete Trawl Identification 

of Ownership Interest Form as specified 

at paragraph (g)(3)(i)(C) of this section. 

(5) Business entities may be required 

to submit a corporate resolution or other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity; and 

(6) NMFS may request additional 

information of the applicant as 

necessary to make an IAD on initial 

issuance of an MS/CV-endorsed permit 

and associated catch history assignment. 

(B) Application deadline. A complete, 

certified application must be mailed or 

hand-delivered to NMFS, Northwest 

Region, Permits Office, Bldg. 1, 7600 

Sand Point Way, NE., Seattle, WA 

98115, and postmarked no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

NMFS will not accept or review any 

applications received or postmarked 

after the application deadline. There are 

no hardship provisions for this 

deadline. 

(vii) Permit transfer during 

application period. NMFS will not 

review or approve any request for a 

change in limited entry trawl permit 

owner at any time after [Date final rule 

will publish in the Federal Register] 

until a final decision is made by the 

Regional Administrator on behalf of the 

Secretary of Commerce on that permit. 

(viii) Initial Administrative 

Determination (IAD). NMFS will issue 

an IAD for all complete, certified 

applications received by the application 

deadline date. If NMFS approves an 

application for initial issuance of an 

MS/CV-endorsed permit and associated 

catch history assignment, the applicant 

will receive an MS/CV endorsement on 

a limited entry trawl permit specifying 

the amounts of catch history assignment 

for which the applicant has qualified. If 

NMFS disapproves an application, the 

IAD will provide the reasons NMFS did 

not approve the application. If known at 

the time of the IAD, NMFS will indicate 

if the owner of the MS/CV-endorsed 

permit has ownership interest in catch 

history assignments that exceed the 

accumulation limits and are subject to 

divestiture provisions given at 

paragraph (g)(3)(i)(D) of this section. If 

the applicant does not appeal the IAD 

within 30 calendar days of the date on 

the IAD, the IAD becomes the final 

decision of the Regional Administrator 

acting on behalf of the Secretary of 

Commerce. 

(ix) Appeals. For an MS/CV-endorsed 

permit and associated catch history 

assignment issued under this section, 

the appeals process and timelines are 

specified at § 660.25(g), subpart C. For 

the initial issuance of an MS/CVendorsed permit and associated catch 

history assignment, the bases for appeal 

are described in paragraph (g)(6)(v) of 

this section. Items not subject to appeal 

include, but are not limited to, the 

accuracy of data in the dataset extracted 

from NORPAC by NMFS on July 1, 

2010. 

(h) Non-coop Fishery. [Reserved] 

(i) Retention Requirements. [Reserved] 

(j) Observer Requirements. [Reserved] 

(k) Catch Weighing Requirements. 

[Reserved] 

(l) [Reserved] 

§ 660.160 Catcher/processor (C/P) coop 

program. 

(a) General. The C/P Coop Program 

requirements in § 660.160 will be 

effective beginning January 1, 2011, 

except for paragraphs (d)(5) and (d)(7) of 

this section, which are effective 

immediately. The C/P Coop Program is 

a limited access program that applies to 

vessels in the C/P sector of the Pacific 

whiting at-sea trawl fishery and is a 

single voluntary coop. Eligible 

harvesters and processors must meet the 

requirements set forth in this section of 

the Pacific Coast groundfish regulations. 

In addition to the requirements of this 

section, the C/P Coop Program is subject 

to the following groundfish regulations: 

(1) Pacific whiting seasons 

§ 660.131(b), subpart D. 

(2) Area restrictions specified for 

midwater trawl gear used to harvest 

Pacific whiting fishery specified at 

§ 660.131(c), subpart D for GCAs, RCAs, 

Salmon Conservation Zones, BRAs, and 

EFHCAs. 

(3) Regulations set out in the 

following sections of subpart C: § 660.11 

Definitions, § 660.12 Prohibitions, 

§ 660.13 Recordkeeping and reporting, 

§ 660.14 VMS requirements, § 660.15 

Equipment requirements, § 660.16 

Groundfish Observer Program, § 660.20 

Vessel and gear identification, § 660.25 

Permits, § 660.26 Pacific whiting vessel 

licenses, § 660.55 Allocations, § 660.60 

Specifications and management 

measures, § 660.65 Groundfish harvest 

specifications, and §§ 660.70 through 

660.79 Closed areas. 

(4) Regulations set out in the 

following sections of subpart D: 

§ 660.111 Trawl fishery definitions, 

§ 660.112 Trawl fishery prohibitions, 

§ 660.113 Trawl fishery recordkeeping 

and reporting, § 660.116 Trawl fishery 

observer requirements, § 660.120 Trawl 

fishery crossover provisions, § 660.130 

Trawl fishery management measures, 

and § 660.131 Pacific whiting fishery 

management measures. 

(5) The C/P Coop Program may be 

restricted or closed as a result of 

projected overages within the MS Coop 

Program, the C/P Coop Program, or the 

Shorebased IFQ Program. As 

determined necessary by the Regional 

Administrator, area restrictions, season 

closures, or other measures will be used 

to prevent the trawl sectors in aggregate 

or the individual trawl sector 

(Shorebased IFQ, MS Coop, or C/P 

Coop) from exceeding an OY, or formal 

allocation specified in the PCGFMP or 

regulation at § 660.55, subpart C, or 

§§ 660.140, 660.150, or 660.160, subpart 

D. 

(b) C/P Coop program species and 

allocations—(1) C/P coop program 

species. C/P Coop Program species are 

as follows: 

(i) Species with formal allocations to 

the C/P Coop Program are Pacific 

whiting, canary rockfish, darkblotched 

rockfish, Pacific Ocean perch, widow 

rockfish; 

(ii) Species with set-asides for the MS 

and C/P Programs combined, as 

described in Table 1d and 2d, subpart 

C. 


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(2) [Reserved]. 

(c) C/P Coop Permit and Agreement. 

[Reserved] 

(d) C/P–Endorsed Permit—(1) 

General. Any vessel participating in the 

C/P sector of the non-tribal primary 

Pacific whiting fishery during the 

season described at § 660.131(b) of this 

subpart must be registered to a valid 

limited entry permit with a C/P 

endorsement. 

(i) Non-severable. A C/P endorsement 

is not severable from the limited entry 

trawl permit, and therefore, the 

endorsement may not be transferred 

separately from the limited entry trawl 

permit. 

(ii) Restriction on C/P vessel operating 

as a catcher vessel in the mothership 

sector. A vessel registered to a C/Pendorsed permit cannot operate as a 

catcher vessel delivering unprocessed 

Pacific whiting to a mothership 

processor during the same calendar year 

it participates in the C/P sector. 

(iii) Restriction on C/P vessel 

operating as mothership. A vessel 

registered to a C/P-endorsed permit 

cannot operate as a mothership during 

the same calendar year it participates in 

the C/P sector. 

(2) Eligibility and renewal for C/P 

endorsed permit. [Reserved.] 

(3) Change in permit ownership, 

vessel registration, vessel owner, 

transfer or combination. [Reserved] 

(4) Appeals. [Reserved] 

(5) Fees. The Regional Administrator 

is authorized to charge fees for the 

administrative costs associated with 

review and issuance of a C/P 

endorsement consistent with the 

provisions at § 660.25(f), subpart C. 

(6) [Reserved]. 

(7) Application requirements and 

initial issuance for C/P endorsement— 

(i) Eligibility criteria for C/P 

endorsement. Only current owners of a 

current limited entry trawl permit that 

has been registered to a vessel that 

participated in the C/P fishery during 

the qualifying period are eligible to 

receive a C/P endorsement. Any past 

catch history associated with the current 

limited entry trawl permit accrues to the 

current permit owner. NMFS will not 

recognize any other person as the 

limited entry permit owner other than 

the person listed as the limited entry 

permit owner in the NMFS permit 

database. 

(ii) Qualifying criteria for C/P 

endorsement. In order to qualify for a 

C/P endorsement, a vessel registered to 

a valid trawl endorsed limited entry 

permit must have caught and processed 

any amount of Pacific whiting during a 

primary catcher/processor season 

between 1997 through 2003. The 

calculation will be based on the 

following: 

(A) Pacific Whiting Observer data 

recorded in the dataset that was 

extracted from NORPAC by NMFS on 

July 1, 2010, and NMFS permit data on 

limited entry trawl endorsed permits 

will be used to determine whether a 

permit meets the qualifying criteria for 

a C/P endorsement. 

(B) Only Pacific whiting regulated by 

this subpart that was taken with 

midwater (or pelagic) trawl gear will be 

considered for the C/P endorsement. 

(C) Permit catch and processing 

history includes only the catch/ 

processing history of Pacific whiting for 

a vessel when it was registered to that 

particular permit during the qualifying 

years. 

(D) History of illegal landings will not 

count. 

(E) Landings history from Federal 

limited entry groundfish permits that 

were retired through the Federal 

buyback program will not count. 

(F) Landings under provisional ‘‘A’’ 

permits that did not become ‘‘A’’ permits 

and ‘‘B’’ permits will not count toward 

the allocation of QS. 

(iii) C/P endorsement application. 

Persons may apply for an initial 

issuance of a C/P endorsement in one of 

two ways: complete and submit a 

prequalified application received from 

NMFS, or complete and submit an 

application package. 

(A) Prequalified application. A 

‘‘prequalified application’’ is a partially 

pre-filled application where NMFS has 

preliminarily determined the catch 

history that may qualify the applicant 

for an initial issuance of a C/P 

endorsement. NMFS will mail a 

prequalified application to all owners of 

current trawl limited entry permits, as 

listed in NMFS permit database at the 

time applications are mailed, which 

NMFS determines may qualify for a 

C/P endorsement. NMFS will mail the 

application by certified mail to the 

current address of record in the NMFS 

permit database. The application will 

contain the basis of NMFS’ calculation. 

The application package will include, 

but is not limited to: A prequalified 

application (with catch history) and any 

other documents NMFS believes are 

necessary to aid the limited entry permit 

owner in completing the application. 

(B) Request for an application. Any 

owner of a current limited entry trawl 

permit that does not receive a 

prequalified application that believes 

the permit qualifies for an initial 

issuance of a C/P endorsement must 

complete an application package and 

submit the completed application to 

NMFS by the application deadline. The 

completed application must be either 

post-marked or hand-delivered within 

normal business hours no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

Application packages are available on 

the NMFS Web site (http:// 

www.nwr.noaa.gov/Groundfish-Halibut/ 

Groundfish-Permits/index.cfm) or by 

contacting SFD. An application must 

include valid NORPAC data, copies of 

NMFS observer data forms, or other 

credible information that substantiates 

the applicant’s qualification for initial 

issuance of a C/P endorsement. If an 

applicant fails to submit a completed 

application by the deadline date, they 

forgo the opportunity to receive 

consideration for initial issuance of a 

C/P endorsement. 

(iv) Corrections to the application. If 

the applicant does not accept NMFS’ 

calculation in the prequalified 

application either in part or whole, in 

order for NMFS to reconsider NMFS’ 

calculation, the applicant must identify 

in writing to NMFS which parts of the 

application the applicant contends to be 

inaccurate, and must provide specific 

credible information to substantiate any 

requested corrections. The completed 

application and specific credible 

information must be provided to NMFS 

in writing by the application deadline. 

Written communication must be either 

post-marked or hand-delivered within 

normal business hours no later than 

[date 60 days after publication of the 

final rule in the Federal Register]. 

Requests for corrections may only be 

granted for errors in NMFS’ extraction, 

aggregation, or expansion of data, 

including: 

(A) Errors in NMFS’ extraction of data 

from NORPAC; 

(B) Errors in NMFS’ calculations; and 

(C) Errors in the identification of the 

permit owner, permit combinations, or 

vessel registration as listed in the NMFS 

permit database. 

(v) Submission of the application and 

application deadline—(A) Submission 

of the Application. Submission of the 

complete, certified application includes, 

but is not limited to, the following: 

(1) The applicant is required to sign 

and date the application and have the 

document notarized by a licensed 

Notary Public. 

(2) The applicant must certify that 

they qualify to own a C/P endorsed 

permit. 

(3) The applicant must indicate they 

accept NMFS’ calculation of initial 

issuance of C/P endorsement provided 

in the prequalified application, or 

provide credible information that 

demonstrates their qualification for a 

C/P endorsement. 


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(4) Business entities may be required 

to submit a corporate resolution or other 

credible documentation as proof that the 

representative of the entity is authorized 

to act on behalf of the entity; and 

(5) NMFS may request additional 

information of the applicant as 

necessary to make an IAD on initial 

issuance of a C/P endorsement. 

(B) Application deadline. A complete, 

certified application must be mailed or 

hand-delivered to NMFS, Northwest 

Region, Permits Office, Bldg. 1, 7600 

Sand Point Way NE., Seattle, WA 98115, 

and postmarked no later than [date 60 

days after publication of the final rule 

in the Federal Register]. NMFS will 

not accept or review any applications 

received or postmarked after the 

application deadline. There are no 

hardship provisions for this deadline. 

(vi) Permit transfer during application 

period. NMFS will not review or 

approve any request for a change in 

limited entry trawl permit owner at any 

time after [date final rule publishes in 

Federal Register] until a final decision 

is made by the Regional Administrator 

on behalf of the Secretary of Commerce. 

(vii) Initial Administrative 

Determination (IAD). NMFS will issue 

an IAD for all complete, certified 

applications received by the application 

deadline date. If NMFS approves an 

application, the applicant will receive a 

C/P endorsement on a limited entry 

trawl permit. If NMFS disapproves an 

application, the IAD will provide the 

reasons NMFS did not approve the 

application. If the applicant does not 

appeal the IAD within 30 calendar days 

of the date on the IAD, the IAD becomes 

the final decision of the Regional 

Administrator acting on behalf of the 

Secretary of Commerce. 

(viii) Appeal. For a C/P endorsed 

permit issued under this section, the 

appeals process and timelines are 

specified at § 660.25(g), subpart C. For 

the initial issuance of a C/P endorsed 

permit, the bases for appeal are 

described in paragraph (d)(7)(iv) of this 

section. Items not subject to appeal 

include, but are not limited to, the 

accuracy of data in the dataset extracted 

from NORPAC by NMFS on July 1, 

2010. 

(e) Retention Requirements. 

[Reserved] 

(f) Observers Requirements. 

[Reserved] 

(g) [Reserved] 

(h) Catch Weighting Requirements. 

[Reserved] 

Subpart E—West Coast Groundfish— 

Limited Entry Fixed Gear Fisheries 

§ 660.210 Purpose and scope. 

This subpart covers the Pacific Coast 

Groundfish limited entry fixed gear 

fishery. 

§ 660.211 Fixed gear fishery—definitions. 

These definitions are specific to the 

limited entry fixed gear fisheries 

covered in this subpart. General 

groundfish definitions are found at 

§ 660.11, subpart C. 

Daily Trip Limit (DTL) Fishery means 

a sablefish fishery that occurs both 

north and south of 36° N. lat. that is 

subject to trip limit restrictions 

including daily and/or weekly and/or 

bimonthly trip limits. 

Limited entry fixed gear fishery means 

the fishery composed of vessels 

registered to limited entry permits with 

longline and pot/trap endorsements. 

Sablefish primary fishery or sablefish 

tier limit fishery means, for the limited 

entry fixed gear sablefish fishery north 

of 36° N. lat, the fishery where vessels 

registered to at least one limited entry 

permit with both a gear endorsement for 

longline or trap (or pot) gear and a 

sablefish endorsement fish up to a 

specified tier limit and when they are 

not eligible to fish in the DTL fishery. 

Sablefish primary season means, for 

the limited entry fixed gear sablefish 

fishery north of 36° N. lat, the period 

when vessels registered to at least one 

limited entry permit with both a gear 

endorsement for longline or trap (or pot) 

gear and a sablefish endorsement, are 

allowed to fish in the sablefish tier limit 

fishery described at § 660.231 of this 

subpart. 

Tier limit means a specified amount 

of sablefish that may be harvested by a 

vessel registered to a limited entry fixed 

gear permit(s) with a Tier 1, Tier 2, 

and/or Tier 3 designation; a gear 

endorsement for longline or trap (or pot) 

gear; and a sablefish endorsement. 

§ 660.212 Fixed gear fishery—prohibitions. 

These prohibitions are specific to the 

limited entry fixed gear fisheries. 

General groundfish prohibitions are 

found at § 660.12, subpart C. In addition 

to the general groundfish prohibitions 

specified in § 660.12, subpart C, it is 

unlawful for any person to: 

(a) General—(1) Possess, deploy, haul, 

or carry onboard a fishing vessel subject 

to Subparts C and E a set net, trap or 

pot, longline, or commercial vertical 

hook-and-line as defined at § 660.11, 

subpart C, that is not in compliance 

with the gear restrictions in § 660.230, 

subpart E, unless such gear is the gear 

of another vessel that has been retrieved 

at sea and made inoperable or stowed in 

a manner not capable of being fished. 

The disposal at sea of such gear is 

prohibited by Annex V of the 

International Convention for the 

Prevention of Pollution From Ships, 

1973 (Annex V of MARPOL 73/78). 

(2) Take, retain, possess, or land more 

than a single cumulative limit of a 

particular species, per vessel, per 

applicable cumulative limit period, 

except for sablefish taken in the limited 

entry, fixed gear sablefish primary 

season from a vessel authorized to fish 

in that season, as described at § 660.231, 

subpart E. 

(b) Recordkeeping and reporting— 

Fail to retain on board a vessel from 

which sablefish caught in the sablefish 

primary season is landed, and provide 

to an authorized officer upon request, 

copies of any and all reports of sablefish 

landings against the sablefish endorsed 

permit’s tier limit, or receipts containing 

all data, and made in the exact manner 

required by the applicable state law 

throughout the sablefish primary season 

during which such landings occurred 

and for 15 days thereafter. 

(c) Fishing in conservation areas—(1) 

Operate a vessel registered to a limited 

entry permit with a longline or trap 

(pot) endorsement and longline and/or 

trap gear onboard in an applicable GCA 

(as defined at § 660.230(d)), except for 

purposes of continuous transiting, with 

all groundfish longline and/or trap gear 

stowed in accordance with § 660.212(a) 

or except as authorized in the 

groundfish management measures at 

§ 660.230. 

(2) Fish with bottom contact gear (as 

defined in § 660.11, subpart C) within 

the EEZ in the following areas (defined 

in §§ 660.78 and 660.79, subpart C): 

Thompson Seamount, President Jackson 

Seamount, Cordell Bank (50-fm (91-m) 

isobath), Harris Point, Richardson Rock, 

Scorpion, Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. 

(3) Fish with bottom contact gear (as 

defined in § 660.11, subpart C), or any 

other gear that is deployed deeper than 

500-fm (914-m), within the Davidson 

Seamount area (defined in § 660.75, 

subpart C). 

(d) Sablefish fisheries—(1) Take, 

retain, possess or land sablefish under 

the tier limits provided for the limited 

entry, fixed gear sablefish primary 

season, described in § 660.231(b), 

subpart E, from a vessel that is not 

registered to a limited entry permit with 

a sablefish endorsement. 

(2) Take, retain, possess or land 

sablefish in the sablefish primary 

season, described at § 660.231(b), 


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subpart E, unless the owner of the 

limited entry permit registered for use 

with that vessel and authorizing the 

vessel to fish in the sablefish primary 

season is on board that vessel. 

Exceptions to this prohibition are 

provided at § 660.231(b)(4)(i) and (ii). 

(3) Process sablefish taken at-sea in 

the limited entry fixed gear sablefish 

primary fishery defined at § 660.231, 

subpart E, from a vessel that does not 

have a sablefish at-sea processing 

exemption, defined at 

§ 660.25(b)(3)(iv)(D), subpart C. 

§ 660.213 Fixed gear fishery— 

recordkeeping and reporting. 

(a) General. General reporting 

requirements specified at § 660.13 (a) 

through (c), subpart C, apply to limited 

entry fixed gear fishery vessels. 

(b) Declaration reports for limited 

entry fixed gear fishery vessels. 

Declaration reporting requirements for 

limited entry fixed gear fishery vessels 

are specified at § 660.13 (d), subpart C. 

(c) VMS requirements for limited 

entry fixed gear fishery vessels. VMS 

requirements for limited entry fixed gear 

fishery vessels are specified at § 660.14, 

subpart C. 

(d) Retention of records—(1) Any 

person landing groundfish must retain 

on board the vessel from which 

groundfish are landed, and provide to 

an authorized officer upon request, 

copies of any and all reports of 

groundfish landings containing all data, 

and in the exact manner, required by the 

applicable state law throughout the 

cumulative limit period during which a 

landing occurred and for 15 days 

thereafter. 

(2) For participants in the sablefish 

primary season, the cumulative limit 

period to which this requirement 

applies is April 1 through October 31 or, 

for an individual permit holder, when 

that permit holder’s tier limit is 

attained, whichever is earlier. 

§ 660.216 Fixed gear fishery—observer 

requirements. 

(a) Observer coverage requirements. 

When NMFS notifies the owner, 

operator, permit holder, or the manager 

of a catcher vessel, specified at 

§ 660.16(c), subpart C, of any 

requirement to carry an observer, the 

catcher vessel may not be used to fish 

for groundfish without carrying an 

observer. 

(b) Notice of departure basic rule. At 

least 24 hours (but not more than 36 

hours) before departing on a fishing trip, 

a vessel that has been notified by NMFS 

that it is required to carry an observer, 

or that is operating in an active 

sampling unit, must notify NMFS (or its 

designated agent) of the vessel’s 

intended time of departure. Notice will 

be given in a form to be specified by 

NMFS. 

(1) Optional notice—weather delays. 

A vessel that anticipates a delayed 

departure due to weather or sea 

conditions may advise NMFS of the 

anticipated delay when providing the 

basic notice described in paragraph (b) 

of this section. If departure is delayed 

beyond 36 hours from the time the 

original notice is given, the vessel must 

provide an additional notice of 

departure not less than 4 hours prior to 

departure, in order to enable NMFS to 

place an observer. 

(2) Optional notice—back-to-back 

fishing trips. A vessel that intends to 

make back-to-back fishing trips (i.e., 

trips with less than 24 hours between 

offloading from one trip and beginning 

another), may provide the basic notice 

described in paragraph (b) of this 

section for both trips, prior to making 

the first trip. A vessel that has given 

such notice is not required to give 

additional notice of the second trip. 

(c) Cease fishing report. Within 24 

hours of ceasing the taking and retaining 

of groundfish, vessel owners, operators, 

or managers must notify NMFS or its 

designated agent that fishing has ceased. 

This requirement applies to any vessel 

that is required to carry an observer, or 

that is operating in a segment of the fleet 

that NMFS has identified as an active 

sampling unit. 

(d) Waiver. The Northwest Regional 

Administrator may provide written 

notification to the vessel owner stating 

that a determination has been made to 

temporarily waive coverage 

requirements because of circumstances 

that are deemed to be beyond the 

vessel’s control. 

(e) Vessel responsibilities—(1) 

Accommodations and food. An operator 

of a vessel required to carry one or more 

observer(s) must provide 

accommodations and food that are 

equivalent to those provided to the 

crew. 

(2) Safe conditions. Maintain safe 

conditions on the vessel for the 

protection of observer(s) including 

adherence to all USCG and other 

applicable rules, regulations, or statutes 

pertaining to safe operation of the 

vessel, and provisions at §§ 600.725 and 

600.746 of this chapter. 

(3) Observer communications. 

Facilitate observer communications by: 

(i) Observer use of equipment. 

Allowing observer(s) to use the vessel’s 

communication equipment and 

personnel, on request, for the entry, 

transmission, and receipt of workrelated messages, at no cost to the 

observer(s) or the U.S. or designated 

agent. 

(ii) Functional equipment. Ensuring 

that the vessel’s communications 

equipment, used by observers to enter 

and transmit data, is fully functional 

and operational. 

(4) Vessel position. Allow observer(s) 

access to, and the use of, the vessel’s 

navigation equipment and personnel, on 

request, to determine the vessel’s 

position. 

(5) Access. Allow observer(s) free and 

unobstructed access to the vessel’s 

bridge, trawl or working decks, holding 

bins, processing areas, freezer spaces, 

weight scales, cargo holds, and any 

other space that may be used to hold, 

process, weigh, or store fish or fish 

products at any time. 

(6) Prior notification. Notify 

observer(s) at least 15 minutes before 

fish are brought on board, or fish and 

fish products are transferred from the 

vessel, to allow sampling the catch or 

observing the transfer, unless the 

observer specifically requests not to be 

notified. 

(7) Records. Allow observer(s) to 

inspect and copy any state or Federal 

logbook maintained voluntarily or as 

required by regulation. 

(8) Assistance. Provide all other 

reasonable assistance to enable 

observer(s) to carry out their duties, 

including, but not limited to: 

(i) Measuring decks, codends, and 

holding bins. 

(ii) Providing the observer(s) with a 

safe work area. 

(iii) Collecting bycatch when 

requested by the observer(s). 

(iv) Collecting and carrying baskets of 

fish when requested by the observer(s). 

(v) Allowing the observer(s) to collect 

biological data and samples. 

(vi) Providing adequate space for 

storage of biological samples. 

(f) Sample station—(1) Observer 

sampling station. This paragraph 

contains the requirements for observer 

sampling stations. The vessel owner 

must provide an observer sampling 

station that complies with this section 

so that the observer can carry out 

required duties. 

(i) Accessibility. The observer 

sampling station must be available to 

the observer at all times. 

(ii) Location. The observer sampling 

station must be located within 4 m of 

the location from which the observer 

samples unsorted catch. Unobstructed 

passage must be provided between the 

observer sampling station and the 

location where the observer collects 

sample catch. 

(2) [Reserved] 


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§ 660.219 Fixed gear identification and 

marking. 

(a) Gear identification—(1) Limited 

entry fixed gear (longline, trap or pot) 

must be marked at the surface and at 

each terminal end, with a pole, flag, 

light, radar reflector, and a buoy. 

(2) A buoy used to mark fixed gear 

must be marked with a number clearly 

identifying the owner or operator of the 

vessel. The number may be either: 

(i) If required by applicable state law, 

the vessel’s number, the commercial 

fishing license number, or buoy brand 

number; or 

(ii) The vessel documentation number 

issued by the USCG, or, for an 

undocumented vessel, the vessel 

registration number issued by the state. 

(b) [Reserved]. 

§ 660.220 Fixed gear fishery—crossover 

provisions. 

(a) Operating in both limited entry 

and open access fisheries. See 

provisions at § 660.60(h)(7), subpart C. 

(b) Operating in north-south 

management areas with different trip 

limits. NMFS uses different types of 

management areas for West Coast 

groundfish management. One type of 

management area is the north-south 

management area, a large ocean area 

with northern and southern boundary 

lines wherein trip limits, seasons, and 

conservation areas follow a single 

theme. Within each north-south 

management area, there may be one or 

more conservation areas, detailed in 

§§ 660.60(h)(7) and 660.70 through 

660.74, subpart C. The provisions 

within this paragraph apply to vessels 

operating in different north-south 

management areas. Trip limits for a 

species or a species group may differ in 

different north-south management areas 

along the coast. The following 

‘‘crossover’’ provisions apply to vessels 

operating in different geographical areas 

that have different cumulative or ‘‘per 

trip’’ trip limits for the same species or 

species group. Such crossover 

provisions do not apply to species that 

are subject only to daily trip limits, or 

to the trip limits for black rockfish off 

Washington (see § 660.230(d)). 

(1) Going from a more restrictive to a 

more liberal area. If a vessel takes and 

retains any groundfish species or 

species group of groundfish in an area 

where a more restrictive trip limit 

applies before fishing in an area where 

a more liberal trip limit (or no trip limit) 

applies, then that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(2) Going from a more liberal to a 

more restrictive area. If a vessel takes 

and retains a groundfish species or 

species group in an area where a higher 

trip limit or no trip limit applies, and 

takes and retains, possesses or lands the 

same species or species group in an area 

where a more restrictive trip limit 

applies, that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(3) Operating in two different areas 

where a species or species group is 

managed with different types of trip 

limits. During the fishing year, NMFS 

may implement management measures 

for a species or species group that set 

different types of trip limits (for 

example, per trip limits versus 

cumulative trip limits) for different 

areas. If a vessel fishes for a species or 

species group that is managed with 

different types of trip limits in two 

different areas within the same 

cumulative limit period, then that vessel 

is subject to the most restrictive overall 

cumulative limit for that species, 

regardless of where fishing occurs. 

(4) Minor rockfish. Several rockfish 

species are designated with speciesspecific limits on one side of the 40°10′ 

N. lat. management line, and are 

included as part of a minor rockfish 

complex on the other side of the line. 

A vessel that takes and retains fish from 

a minor rockfish complex (nearshore, 

shelf, or slope) on both sides of a 

management line during a single 

cumulative limit period is subject to the 

more restrictive cumulative limit for 

that minor rockfish complex during that 

period. 

(i) If a vessel takes and retains minor 

slope rockfish north of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land splitnose rockfish 

up to its cumulative limit south of 

40°10′ N. lat., even if splitnose rockfish 

were a part of the landings from minor 

slope rockfish taken and retained north 

of 40°10′ N. lat. 

(ii) If a vessel takes and retains minor 

slope rockfish south of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land POP up to its 

cumulative limit north of 40°10′ N. lat., 

even if POP were a part of the landings 

from minor slope rockfish taken and 

retained south of 40°10′ N. lat. 

§ 660.230 Fixed gear fishery— 

management measures. 

(a) General. Most species taken in 

limited entry fixed gear (longline and 

pot/trap) fisheries will be managed with 

cumulative trip limits (see trip limits in 

Tables 2 (North) and 2 (South) of this 

subpart), size limits (see § 660.60(h)(5)), 

seasons (see trip limits in Tables 2 

(North) and 2 (South) of this subpart 

and sablefish primary season details in 

§ 660.231), gear restrictions (see 

paragraph (b) of this section), and closed 

areas (see paragraph (d) of this section 

and §§ 660.70 through 660.79, subpart 

C). Cowcod retention is prohibited in all 

fisheries, and groundfish vessels 

operating south of Point Conception 

must adhere to CCA restrictions (see 

paragraph (d)(10) of this section and 

§ 660.70, subpart C). Yelloweye rockfish 

and canary rockfish retention is 

prohibited in the limited entry fixed 

gear fisheries. Regulations governing 

and tier limits for the limited entry, 

fixed gear sablefish primary season 

north of 36° N. lat. are found in 

§ 660.231, subpart E. Vessels not 

participating in the sablefish primary 

season are subject to daily or weekly 

sablefish limits in addition to 

cumulative limits for each cumulative 

limit period. Only one sablefish landing 

per week may be made in excess of the 

daily trip limit and, if the vessel chooses 

to make a landing in excess of that daily 

trip limit, then that is the only sablefish 

landing permitted for that week. The 

trip limit for black rockfish caught with 

hook-and-line gear also applies, see 

§ 660.230(d). The trip limits in Table 2 

(North) and Table 2 (South) of this 

subpart apply to vessels participating in 

the limited entry groundfish fixed gear 

fishery and may not be exceeded. 

Federal commercial groundfish 

regulations are not intended to 

supersede any more restrictive state 

commercial groundfish regulations 

relating to federally-managed 

groundfish. 

(b) Gear restrictions—(1) Longline and 

pot or trap gear are authorized in the 

limited entry fixed gear fishery, 

providing the gear is in compliance with 

the restrictions set forth in this section, 

and gear marking requirements 

described in § 660.219 of this subpart. 

(2) Vessels participating in the limited 

entry fixed gear fishery may also fish 

with open access gear subject to the gear 

restrictions at § 660.330(b), subpart F, 

but will be subject to the most 

restrictive trip limits for the gear used 

as specified at § 660.60(h)(7), subpart C. 

(3) Limited entry fixed gear (longline, 

trap or pot gear) must be attended at 

least once every 7 days. 

(4) Traps or pots must have 

biodegradable escape panels 

constructed with 21 or smaller 

untreated cotton twine in such a manner 

that an opening at least 8 inches (20.3 

cm) in diameter results when the twine 

deteriorates. 


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(c) Sorting Requirements—(1) Under 

§ 660.12(a)(8), subpart C, it is unlawful 

for any person to ‘‘fail to sort, prior to 

the first weighing after offloading, those 

groundfish species or species groups for 

which there is a trip limit, size limit, 

scientific sorting designation, quota, 

harvest guideline, or OY, if the vessel 

fished or landed in an area during a 

time when such trip limit, size limit, 

scientific sorting designation, quota, 

harvest guideline, or OY applied.’’ The 

States of Washington, Oregon, and 

California may also require that vessels 

record their landings as sorted on their 

state landing receipts. 

(2) For limited entry fixed gear, the 

following species must be sorted: 

(i) Coastwide—widow rockfish, 

canary rockfish, darkblotched rockfish, 

yelloweye rockfish, shortbelly rockfish, 

black rockfish, blue rockfish, minor 

nearshore rockfish, minor shelf rockfish, 

minor slope rockfish, shortspine and 

longspine thornyhead, Dover sole, 

arrowtooth flounder, petrale sole, starry 

flounder, English sole, other flatfish, 

lingcod, sablefish, Pacific cod, spiny 

dogfish, other fish, longnose skate, and 

Pacific whiting; 

(ii) North of 40°10′ N. lat.—POP, 

yellowtail rockfish; 

(iii) South of 40°10′ N. lat.—minor 

shallow nearshore rockfish, minor 

deeper nearshore rockfish, California 

scorpionfish, chilipepper rockfish, 

bocaccio rockfish, splitnose rockfish, 

Pacific sanddabs, cowcod, 

bronzespotted rockfish and cabezon. 

(d) Groundfish conservation areas 

applicable to limited entry fixed gear 

vessels. A GCA, a type of closed area, is 

a geographic area defined by 

coordinates expressed in degrees of 

latitude and longitude. The latitude and 

longitude coordinates of the GCA 

boundaries are specified at §§ 660.70 

through 660.74, subpart C. A vessel that 

is authorized by this paragraph to fish 

within a GCA (e.g. fishing for ‘‘other 

flatfish’’ using no more than 12 hooks, 

‘‘Number 2’’ or smaller), may not 

simultaneously have other gear on board 

the vessel that is unlawful to use for 

fishing within the GCA. The following 

GCAs apply to vessels participating in 

the limited entry fixed gear fishery. 

(1) North coast recreational yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the North 

Coast Recreational Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. The 

North Coast Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(2) North coast commercial yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the North 

Coast Commercial Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. 

Fishing with limited entry fixed gear is 

prohibited within the North Coast 

Commercial YRCA. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the North Coast 

Commercial YRCA. Limited entry fixed 

gear vessels may transit through the 

North Coast Commercial YRCA with or 

without groundfish on board. 

(3) South coast recreational yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the South 

Coast Recreational Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. The 

South Coast Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(4) Westport offshore recreational 

YRCA. The latitude and longitude 

coordinates that define the Westport 

Offshore Recreational YRCA boundaries 

are specified at § 660.70, subpart C. The 

Westport Offshore Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(5) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, Subpart C. 

Fishing with limited entry fixed gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the Point 

St. George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

Point St. George YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. Limited entry fixed gear 

vessels may transit through the Point St. 

George YRCA, at any time, with or 

without groundfish on board. 

(6) South Reef YRCA. The latitude 

and longitude coordinates of the South 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the South Reef YRCA, on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the South Reef 

YRCA, on dates when the closure is in 

effect. The closure is not in effect at this 

time, and commercial fishing for 

groundfish is open within the South 

Reef YRCA from January 1 through 

December 31. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the South Reef YRCA, at 

any time, with or without groundfish on 

board. 

(7) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Reading Rock 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Reading Rock YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

Reading Rock YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. Limited entry fixed gear 

vessels may transit through the Reading 

Rock YRCA, at any time, with or 

without groundfish on board. 

(8) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (North) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

Point Delgada (North) YRCA from 

January 1 through December 31. This 

closure may be imposed through 

inseason adjustment. Limited entry 

fixed gear vessels may transit through 

the Point Delgada (North) YRCA, at any 

time, with or without groundfish on 

board. 

(9) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (South) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

Point Delgada (South) YRCA from 

January 1 through December 31. This 

closure may be imposed through 

inseason adjustment. Limited entry 


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fixed gear vessels may transit through 

the Point Delgada (South) YRCA, at any 

time, with or without groundfish on 

board. 

(10) Cowcod Conservation Areas. The 

latitude and longitude coordinates of 

the Cowcod Conservation Areas (CCAs) 

boundaries are specified at § 660.70, 

subpart C. It is unlawful to take and 

retain, possess, or land groundfish 

within the CCAs, except for species 

authorized in this paragraph caught 

according to gear requirements in this 

paragraph, when those waters are open 

to fishing. Commercial fishing vessels 

may transit through the Western CCA 

with their gear stowed and groundfish 

on board only in a corridor through the 

Western CCA bounded on the north by 

the latitude line at 33°00.50′ N. lat., and 

bounded on the south by the latitude 

line at 32°59.50′ N. lat. Fishing with 

limited entry fixed gear is prohibited 

within the CCAs, except as follows: 

(i) Fishing for ‘‘other flatfish’’ is 

permitted within the CCAs under the 

following conditions: when using no 

more than 12 hooks, ‘‘Number 2’’ or 

smaller, which measure no more than 

11 mm (0.44 inches) point to shank, and 

up to two 1-lb (0.45 kg) weights per line; 

and provided a valid declaration report 

as required at § 660.13(d), subpart C, has 

been filed with NMFS OLE. 

(ii) Fishing for rockfish and lingcod is 

permitted shoreward of the 20 fm (37 m) 

depth contour within the CCAs when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

required at § 660.13(d), subpart C, has 

been filed with NMFS OLE. 

(11) Nontrawl Rockfish Conservation 

Areas (RCA). The nontrawl RCAs are 

closed areas, defined by specific latitude 

and longitude coordinates (specified at 

§§ 660.70 through 660.74, subpart C) 

designed to approximate specific depth 

contours, where fishing for groundfish 

with nontrawl gear is prohibited. 

Boundaries for the nontrawl RCA 

throughout the year are provided in the 

header to Table 2 (North) and Table 2 

(South) of this subpart and may be 

modified by NMFS inseason pursuant to 

§ 660.60(c), subpart C. 

(i) It is unlawful to operate a vessel 

with limited entry nontrawl gear in the 

nontrawl RCA, except for the purpose of 

continuous transit, or when the use of 

limited entry nontrawl gear is 

authorized in this section. It is unlawful 

to take and retain, possess, or land 

groundfish taken with limited entry 

nontrawl gear within the nontrawl RCA, 

unless otherwise authorized in this 

section. 

(ii) Limited entry nontrawl vessels 

may transit through the nontrawl RCA, 

with or without groundfish on board, 

provided all groundfish nontrawl gear is 

stowed either: below deck; or if the gear 

cannot readily be moved, in a secured 

and covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels registered 

to limited entry fixed gear permits 

fishing for species other than groundfish 

with nontrawl gear on trips where 

groundfish species are retained. Unless 

otherwise authorized in this section, a 

vessel may not retain any groundfish 

taken on a fishing trip for species other 

than groundfish that occurs within the 

nontrawl RCA. If a vessel fishes in a 

non-groundfish fishery in the nontrawl 

RCA, it may not participate in any 

fishing for groundfish on that trip that 

is prohibited within the nontrawl RCA. 

[For example, if a vessel fishes in the 

salmon troll fishery within the RCA, the 

vessel cannot on the same trip fish in 

the sablefish fishery outside of the 

RCA.] 

(iv) It is lawful to fish within the 

nontrawl RCA with limited entry fixed 

gear only under the following 

conditions: when fishing for ‘‘other 

flatfish’’ off California (between 42° N. 

lat. south to the U.S./Mexico border) 

using no more than 12 hooks, ‘‘Number 

2’’ or smaller, which measure no more 

than 11 mm (0.44 inches) point to 

shank, and up to two 1-lb (0.91 kg) 

weights per line when trip limits 

authorize such fishing, provided a valid 

declaration report as required at 

§ 660.13(d), subpart C, has been filed 

with NMFS OLE. 

(12) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ is 

permitted around the Farallon Islands 

using no more than 12 hooks, ‘‘Number 

2’’ or smaller, which measure no more 

than 11 mm (0.44 inches) point to 

shank, and up to two 1-lb (0.45-kg) 

weights per line. (See Table 2 (South) of 

this subpart.) For a definition of the 

Farallon Islands, see § 660.70, subpart C. 

(13) Cordell Banks. Commercial 

fishing for groundfish is prohibited in 

waters of depths less than 100 fm (183 

m) around Cordell Banks, as defined by 

specific latitude and longitude 

coordinates at § 660.70, subpart C. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ is 

permitted around Cordell Banks using 

no more than 12 hooks, ‘‘Number 2’’ or 

smaller, which measure no more than 

11 mm (0.44 inches) point to shank, and 

up to two 1-lb (0.45-kg) weights per line. 

(14) Essential Fish Habitat 

Conservation Areas (EFHCA). An 

EFHCA, a type of closed area, is a 

geographic area defined by coordinates 

expressed in degrees of latitude and 

longitude at §§ 660.75 through 660.79, 

Subpart C, where specified types of 

fishing are prohibited in accordance 

with § 660.12, Subpart C. EFHCAs apply 

to vessels using ‘‘bottom contact gear,’’ 

which is defined at § 660.11, Subpart C 

to include limited entry fixed gear 

(longline and pot/trap,) among other 

gear types. Fishing with all bottom 

contact gear, including longline and 

pot/trap gear, is prohibited within the 

following EFHCAs, which are defined 

by specific latitude and longitude 

coordinates at §§ 660.75 through 660.79, 

Subpart C: Thompson Seamount, 

President Jackson Seamount, Cordell 

Bank (50 fm (91 m) isobath), Harris 

Point, Richardson Rock, Scorpion, 

Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. Fishing with 

bottom contact gear is also prohibited 

within the Davidson Seamount EFH 

Area, which is defined by specific 

latitude and longitude coordinates at 

§ 660.75, subpart C. 

(e) Black rockfish fishery 

management. The trip limit for black 

rockfish (Sebastes melanops) for 

commercial fishing vessels using hookand-line gear between the U.S.-Canada 

border and Cape Alava (48°09.50′ N. 

lat.), and between Destruction Island 

(47°40′ N. lat.) and Leadbetter Point 

(46°38.17′ N. lat.), is 100-lbs (45 kg) or 

30 percent, by weight of all fish on 

board, whichever is greater, per vessel 

per fishing trip. These per trip limits 

apply to limited entry and open access 

fisheries, in conjunction with the 

cumulative trip limits and other 

management measures in § 660.230, 

subpart E, and § 660.330, subpart F. The 

crossover provisions in § 660.60(h)(7), 

subpart C, do not apply to the black 

rockfish per-trip limits. 

§ 660.231 Limited entry fixed gear 

sablefish primary fishery. 

This section applies to the sablefish 

primary season for the limited entry 

fixed gear fishery north of 36° N. lat. 

Limited entry and open access fixed 

gear sablefish fishing outside of the 

sablefish primary season north of 36° N. 

lat. is governed by routine management 

measures imposed under §§ 660.230 and 

660.232, subpart E. 

(a) Sablefish endorsement. A vessel 

may not fish in the sablefish primary 

season for the limited entry fixed gear 

fishery, unless at least one limited entry 

permit with both a gear endorsement for 


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longline or trap (or pot) gear and a 

sablefish endorsement is registered for 

use with that vessel. Permits with 

sablefish endorsements are assigned to 

one of three tiers, as described at 

§ 660.25(b)(3)(iv), subpart C. 

(b) Sablefish primary season for the 

limited entry fixed gear fishery—(1) 

Season Dates. North of 36° N. lat., the 

sablefish primary season for the limited 

entry, fixed gear, sablefish-endorsed 

vessels begins at 12 noon local time on 

April 1 and ends at 12 noon local time 

on October 31, or for an individual 

permit holder when that permit holder’s 

tier limit has been reached, whichever 

is earlier, unless otherwise announced 

by the Regional Administrator through 

the routine management measures 

process described at § 660.60, subpart C. 

(2) Gear type. During the season 

primary and when fishing against 

primary season cumulative limits, each 

vessel authorized to fish in that season 

under paragraph (a) of this section may 

fish for sablefish with any of the gear 

types, except trawl gear, endorsed on at 

least one of the permits registered for 

use with that vessel. 

(3) Cumulative limits—(i) A vessel 

participating in the primary season will 

be constrained by the sablefish 

cumulative limit associated with each of 

the permits registered for use with that 

vessel. During the primary season, each 

vessel authorized to fish in that season 

under paragraph (a) of this section may 

take, retain, possess, and land sablefish, 

up to the cumulative limits for each of 

the permits registered for use with that 

vessel (i.e., stacked permits). If multiple 

limited entry permits with sablefish 

endorsements are registered for use with 

a single vessel, that vessel may land up 

to the total of all cumulative limits 

announced in this paragraph for the 

tiers for those permits, except as limited 

by paragraph (b)(3)(ii) of this section. 

Up to 3 permits may be registered for 

use with a single vessel during the 

primary season; thus, a single vessel 

may not take and retain, possess or land 

more than 3 primary season sablefish 

cumulative limits in any one year. A 

vessel registered for use with multiple 

limited entry permits is subject to per 

vessel limits for species other than 

sablefish, and to per vessel limits when 

participating in the daily trip limit 

fishery for sablefish under § 660.232, 

subpart E. In 2009, the following annual 

limits are in effect: Tier 1 at 61,296-lb 

(27,803 kg), Tier 2 at 27,862-lb (12,638 

kg), and Tier 3 at 15,921-lb (7,221 kg). 

For 2010 and beyond, the following 

annual limits are in effect: Tier 1 at 

56,081-lb (25,437 kg), Tier 2 at 25,492- 

lb (11,562 kg), and Tier 3 at 14,567-lb 

(6,648 kg). 

(ii) If a permit is registered to more 

than one vessel during the primary 

season in a single year, the second 

vessel may only take the portion of the 

cumulative limit for that permit that has 

not been harvested by the first vessel to 

which the permit was registered. The 

combined primary season sablefish 

landings for all vessels registered to that 

permit may not exceed the cumulative 

limit for the tier associated with that 

permit. 

(iii) A cumulative trip limit is the 

maximum amount of sablefish that may 

be taken and retained, possessed, or 

landed per vessel in a specified period 

of time, with no limit on the number of 

landings or trips. 

(iv) Incidental halibut retention north 

of Pt. Chehalis, WA (46°53.30′ N. lat.). 

[Reserved] 

(4) Owner-on-board requirement. Any 

person who owns or has ownership 

interest in a limited entry permit with 

a sablefish endorsement, as described at 

§ 660.25(b)(3), subpart C, must be on 

board the vessel registered for use with 

that permit at any time that the vessel 

has sablefish on board the vessel that 

count toward that permit’s cumulative 

sablefish landing limit. This person 

must carry government issued photo 

identification while aboard the vessel. A 

permit owner is not obligated to be on 

board the vessel registered for use with 

the sablefish-endorsed limited entry 

permit during the sablefish primary 

season if: 

(i) The person, partnership or 

corporation had ownership interest in a 

limited entry permit with a sablefish 

endorsement prior to November 1, 2000. 

A person who has ownership interest in 

a partnership or corporation that owned 

a sablefish-endorsed permit as of 

November 1, 2000, but who did not 

individually own a sablefish-endorsed 

limited entry permit as of November 1, 

2000, is not exempt from the owner-onboard requirement when he/she leaves 

the partnership or corporation and 

purchases another permit individually. 

A person, partnership, or corporation 

that is exempt from the owner-on-board 

requirement may sell all of their 

permits, buy another sablefish-endorsed 

permit within up to a year from the date 

the last permit was approved for 

transfer, and retain their exemption 

from the owner-on-board requirements. 

Additionally, a person, partnership, or 

corporation that qualified for the owneron-board exemption, but later divested 

their interest in a permit or permits, 

may retain rights to an owner-on-board 

exemption as long as that person, 

partnership, or corporation purchases 

another permit by March 2, 2007. A 

person, partnership or corporation 

could only purchase a permit if it has 

not added or changed individuals since 

November 1, 2000, excluding 

individuals that have left the 

partnership or corporation, or that have 

died. 

(ii) The person who owns or who has 

ownership interest in a sablefishendorsed limited entry permit is 

prevented from being on board a fishing 

vessel because the person died, is ill, or 

is injured. The person requesting the 

exemption must send a letter to NMFS 

requesting an exemption from the 

owner-on-board requirements, with 

appropriate evidence as described at 

paragraph (b)(4)(ii)(A) or (B) of this 

section. All emergency exemptions for 

death, injury, or illness will be 

evaluated by NMFS and a decision will 

be made in writing to the permit owner 

within 60 calendar days of receipt of the 

original exemption request. 

(A) Evidence of death of the permit 

owner shall be provided to NMFS in the 

form of a copy of a death certificate. In 

the interim before the estate is settled, 

if the deceased permit owner was 

subject to the owner-on-board 

requirements, the estate of the deceased 

permit owner may send a letter to 

NMFS with a copy of the death 

certificate, requesting an exemption 

from the owner-on-board requirements. 

An exemption due to death of the 

permit owner will be effective only until 

such time that the estate of the deceased 

permit owner has transferred the 

deceased permit owner’s permit to a 

beneficiary or up to three years after the 

date of death as proven by a death 

certificate, whichever is earlier. An 

exemption from the owner-on-board 

requirements will be conveyed in a 

letter from NMFS to the estate of the 

permit owner and is required to be on 

the vessel during fishing operations. 

(B) Evidence of illness or injury that 

prevents the permit owner from 

participating in the fishery shall be 

provided to NMFS in the form of a letter 

from a certified medical practitioner. 

This letter must detail the relevant 

medical conditions of the permit owner 

and how those conditions prevent the 

permit owner from being onboard a 

fishing vessel during the primary 

season. An exemption due to injury or 

illness will be effective only for the 

fishing year of the request for 

exemption, and will not be granted for 

more than three consecutive or total 

years. NMFS will consider any 

exemption granted for less than 12 

months in a year to count as one year 

against the 3-year cap. In order to 

extend an emergency medical 

exemption for a succeeding year, the 

permit owner must submit a new 


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request and provide documentation 

from a certified medical practitioner 

detailing why the permit owner is still 

unable to be onboard a fishing vessel. 

An emergency exemption will be 

conveyed in a letter from NMFS to the 

permit owner and is required to be on 

the vessel during fishing operations. 

§ 660.232 Limited entry daily trip limit 

(DTL) fishery for sablefish. 

(a) Limited entry DTL fisheries both 

north and south of 36° N. lat.—(1) 

Before the start of the primary season for 

the sablefish tier limit fishery, all 

sablefish landings made by a vessel 

authorized by § 660.231(a) to fish in the 

primary season will be subject to the 

restrictions and limits of the limited 

entry daily and/or weekly trip limit 

(DTL) fishery for sablefish specified in 

this section and which is governed by 

routine management measures imposed 

under § 660.60(c), subpart C. 

(2) Following the start of the primary 

season, all landings made by a vessel 

authorized by § 660.231(a) of this 

subpart to fish in the primary season 

will count against the primary season 

cumulative limit(s) associated with the 

permit(s) registered for use with that 

vessel. A vessel that is eligible to fish in 

the sablefish primary season may fish in 

the DTL fishery for sablefish once that 

vessels’ primary season sablefish 

limit(s) have been taken, or after the end 

of the primary season, whichever occurs 

earlier. Any subsequent sablefish 

landings by that vessel will be subject 

to the restrictions and limits of the 

limited entry DTL fishery for sablefish 

for the remainder of the fishing year. 

(3) No vessel may land sablefish 

against both its primary season 

cumulative sablefish limits and against 

the DTL fishery limits within the same 

24 hour period of 0001 hours local time 

to 2400 hours local time. If a vessel has 

taken all of its tier limit except for an 

amount that is smaller than the DTL 

amount, that vessel’s subsequent 

sablefish landings are automatically 

subject to DTL limits. 

(4) Vessels registered for use with a 

limited entry, fixed gear permit that 

does not have a sablefish endorsement 

may fish in the limited entry, DTL 

fishery for as long as that fishery is open 

during the fishing year, subject to 

routine management measures imposed 

under § 660.60(c), Subpart C. DTL limits 

for the limited entry fishery north and 

south of 36° N. lat. are provided in 

Tables 2 (North) and 2 (South) of this 

subpart. 

(b) [Reserved] 

Subpart F—West Coast Groundfish— 

Open Access Fisheries 

§ 660.310 Purpose and scope. 

This subpart covers the Pacific Coast 

Groundfish open access fishery. The 

open access fishery, as defined at 

§ 660.11, Subpart C, is the fishery 

composed of commercial vessels using 

open access gear fished pursuant to the 

harvest guidelines, quotas, and other 

management measures specified for the 

harvest of open access allocations or 

governing the fishing activities of open 

access vessels. 

§ 660.311 Open access fishery— 

definitions. 

General definitions for the Pacific 

Coast groundfish fisheries are defined at 

§ 660.11, subpart C. The definitions in 

this subpart are specific to the open 

access fishery covered in this subpart 

and are in addition to those specified at 

§ 660.11, subpart C. 

Closely tended for the purposes of this 

subpart means that a vessel is within 

visual sighting distance or within 0.25 

nm (463 m) of the gear as determined by 

electronic navigational equipment. 

§ 660.312 Open access fishery— 

prohibitions. 

General groundfish prohibitions for 

the Pacific Coast groundfish fisheries 

are defined at § 660.12, subpart C. In 

addition to the general groundfish 

prohibitions, it is unlawful for any 

person to: 

(a) General—(1) Take and retain, 

possess, or land groundfish in excess of 

the landing limit for the open access 

fishery without having a valid limited 

entry permit for the vessel affixed with 

a gear endorsement for the gear used to 

catch the fish. 

(2) Black rockfish fisheries. Have 

onboard a commercial hook-and-line 

fishing vessel (other than a vessel 

operated by persons under § 660.60 

(c)(1)(ii), subpart C), more than the 

amount of the trip limit set for black 

rockfish by § 660.330(e) while that 

vessel is fishing between the U.S.- 

Canada border and Cape Alava 

(48°09′30′′ N. lat.), or between 

Destruction Island (47°40′00′′ N. lat.) 

and Leadbetter Point (46°38′10′′ N. lat.). 

(b) Gear—(1) Possess, deploy, haul, or 

carry onboard a fishing vessel subject to 

this subpart a set net, trap or pot, 

longline, or commercial vertical hookand-line that is not in compliance with 

the gear restrictions in § 660.330(b), 

subpart F, unless such gear is the gear 

of another vessel that has been retrieved 

at sea and made inoperable or stowed in 

a manner not capable of being fished. 

The disposal at sea of such gear is 

prohibited by Annex V of the 

International Convention for the 

Prevention of Pollution From Ships, 

1973 (Annex V of MARPOL 73/78). 

(2) Fish with dredge gear (defined in 

§ 660.11) anywhere within EFH within 

the EEZ, as defined by latitude/ 

longitude coordinates at § 660.75. 

(3) Fish with beam trawl gear (defined 

in § 660.11) anywhere within EFH 

within the EEZ, as defined by latitude/ 

longitude coordinates at § 660.75. 

(4) Fish with bottom trawl gear with 

a footrope diameter greater than 19 

inches (48 cm) (including rollers, 

bobbins, or other material encircling or 

tied along the length of the footrope) 

anywhere in EFH within the EEZ, as 

defined by latitude/longitude 

coordinates at § 660.75. 

(c) Fishing in conservation areas with 

open access gears—(1) Operate a vessel 

with non-groundfish trawl gear onboard 

in any applicable GCA (as defined at 

§ 660.330(d)) except for purposes of 

continuous transiting, with all trawl 

gear stowed in accordance with 

§ 660.330 (b), or except as authorized in 

the groundfish management measures 

published at § 660.330. 

(2) Operate a vessel in an applicable 

GCA (as defined at § 660.330(d) that has 

nontrawl gear onboard and is not 

registered to a limited entry permit on 

a trip in which the vessel is used to take 

and retain or possess groundfish in the 

EEZ, possess or land groundfish taken 

in the EEZ, except for purposes of 

continuous transiting, with all 

groundfish nontrawl gear stowed in 

accordance with § 660.330(b), or except 

as authorized in the groundfish 

management measures published at 

§ 660.330. 

(3) Fish with bottom contact gear (as 

defined in § 660.11, subpart C) within 

the EEZ in the following areas (defined 

in §§ 660.78 and 660.79): Thompson 

Seamount, President Jackson Seamount, 

Cordell Bank (50-fm (91-m) isobath), 

Harris Point, Richardson Rock, 

Scorpion, Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. 

(4) Fish with bottom contact gear (as 

defined in § 660.11, subpart C), or any 

other gear that is deployed deeper than 

500-fm (914-m), within the Davidson 

Seamount area (defined in § 660.75). 

§ 660.313 Open access fishery— 

recordkeeping and reporting. 

(a) General. General reporting 

requirements specified at § 660.13 (a) 

through (c) of subpart C apply to open 

access fisheries. 

(b) Declaration reports for vessels 

using nontrawl gear. Declaration 


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reporting requirements for open access 

vessels using nontrawl gear (all types of 

open access gear other than nongroundfish trawl gear) are specified at 

§ 660.13(d). 

(c) Declaration reports for vessels 

using non-groundfish trawl gear. 

Declaration reporting requirements for 

open access vessels using nongroundfish trawl gear are specified at 

§ 660.13(d). 

(d) VMS requirements for open access 

fishery vessels. VMS requirements for 

open access fishery vessels are specified 

at § 660.14, subpart C. 

(e) Retention of records. Any person 

landing groundfish must retain on board 

the vessel from which groundfish is 

landed, and provide to an authorized 

officer upon request, copies of any and 

all reports of groundfish landings 

containing all data, and in the exact 

manner, required by the applicable state 

law throughout the cumulative limit 

period during which a landing occurred 

and for 15 days thereafter. 

§ 660.316 Open access fishery—observer 

requirements. 

(a) Observer coverage requirements. 

When NMFS notifies the owner, 

operator, permit holder, or the manager 

of a catcher vessel, specified at § 660.16 

(c), subpart C, of any requirement to 

carry an observer, the catcher vessel 

may not be used to fish for groundfish 

without carrying an observer. 

(b) Notice of departure—basic rule. At 

least 24 hours (but not more than 36 

hours) before departing on a fishing trip, 

a vessel that has been notified by NMFS 

that it is required to carry an observer, 

or that is operating in an active 

sampling unit, must notify NMFS (or its 

designated agent) of the vessel’s 

intended time of departure. Notice will 

be given in a form to be specified by 

NMFS. 

(1) Optional notice—weather delays. 

A vessel that anticipates a delayed 

departure due to weather or sea 

conditions may advise NMFS of the 

anticipated delay when providing the 

basic notice described in paragraph (b) 

of this section. If departure is delayed 

beyond 36 hours from the time the 

original notice is given, the vessel must 

provide an additional notice of 

departure not less than 4 hours prior to 

departure, in order to enable NMFS to 

place an observer. 

(2) Optional notice—back-to-back 

fishing trips. A vessel that intends to 

make back-to-back fishing trips (i.e., 

trips with less than 24 hours between 

offloading from one trip and beginning 

another), may provide the basic notice 

described in paragraph (b) of this 

section for both trips, prior to making 

the first trip. A vessel that has given 

such notice is not required to give 

additional notice of the second trip. 

(c) Cease fishing report. Within 24 

hours of ceasing the taking and retaining 

of groundfish, vessel owners, operators, 

or managers must notify NMFS or its 

designated agent that fishing has ceased. 

This requirement applies to any vessel 

that is required to carry an observer, or 

that is operating in a segment of the fleet 

that NMFS has identified as an active 

sampling unit. 

(d) Waiver. The Northwest Regional 

Administrator may provide written 

notification to the vessel owner stating 

that a determination has been made to 

temporarily waive coverage 

requirements because of circumstances 

that are deemed to be beyond the 

vessel’s control. 

(e) Vessel responsibilities—(1) 

Accommodations and food. An operator 

of a vessel required to carry one or more 

observer(s) must provide 

accommodations and food that are 

equivalent to those provided to the 

crew. 

(2) Safe conditions. Maintain safe 

conditions on the vessel for the 

protection of observer(s) including 

adherence to all USCG and other 

applicable rules, regulations, or statutes 

pertaining to safe operation of the 

vessel, and provisions at §§ 600.725 and 

600.746 of this chapter. 

(3) Observer communications. 

Facilitate observer communications by: 

(i) Observer use of equipment. 

Allowing observer(s) to use the vessel’s 

communication equipment and 

personnel, on request, for the entry, 

transmission, and receipt of workrelated messages, at no cost to the 

observer(s) or the U.S. or designated 

agent. 

(ii) Functional equipment. Ensuring 

that the vessel’s communications 

equipment, used by observers to enter 

and transmit data, is fully functional 

and operational. 

(4) Vessel position. Allow observer(s) 

access to, and the use of, the vessel’s 

navigation equipment and personnel, on 

request, to determine the vessel’s 

position. 

(5) Access. Allow observer(s) free and 

unobstructed access to the vessel’s 

bridge, trawl or working decks, holding 

bins, processing areas, freezer spaces, 

weight scales, cargo holds, and any 

other space that may be used to hold, 

process, weigh, or store fish or fish 

products at any time. 

(6) Prior notification. Notify 

observer(s) at least 15 minutes before 

fish are brought on board, or fish and 

fish products are transferred from the 

vessel, to allow sampling the catch or 

observing the transfer, unless the 

observer specifically requests not to be 

notified. 

(7) Records. Allow observer(s) to 

inspect and copy any state or Federal 

logbook maintained voluntarily or as 

required by regulation. 

(8) Assistance. Provide all other 

reasonable assistance to enable 

observer(s) to carry out their duties, 

including, but not limited to: 

(i) Measuring decks, codends, and 

holding bins. 

(ii) Providing the observer(s) with a 

safe work area. 

(iii) Collecting bycatch when 

requested by the observer(s). 

(iv) Collecting and carrying baskets of 

fish when requested by the observer(s). 

(v) Allowing the observer(s) to collect 

biological data and samples. 

(vi) Providing adequate space for 

storage of biological samples. 

(f) Sample station—(1) Observer 

sampling station. This paragraph 

contains the requirements for observer 

sampling stations. The vessel owner 

must provide an observer sampling 

station that complies with this section 

so that the observer can carry out 

required duties. 

(i) Accessibility. The observer 

sampling station must be available to 

the observer at all times. 

(ii) Location. The observer sampling 

station must be located within 4 m of 

the location from which the observer 

samples unsorted catch. Unobstructed 

passage must be provided between the 

observer sampling station and the 

location where the observer collects 

sample catch. 

§ 660.319 Open access fishery gear 

identification and marking. 

(a) Gear identification—(1) Open 

access fixed gear (longline, trap or pot, 

set net and stationary hook-and-line 

gear, including commercial vertical 

hook-and-line gear) must be marked at 

the surface and at each terminal end, 

with a pole, flag, light, radar reflector, 

and a buoy. 

(2) Open access commercial vertical 

hook-and-line gear that is closely tended 

as defined at § 660.311 of this subpart, 

may be marked only with a single buoy 

of sufficient size to float the gear. 

(3) A buoy used to mark fixed gear 

under paragraph (a)(1) or (a)(2) of this 

section must be marked with a number 

clearly identifying the owner or operator 

of the vessel. The number may be either: 

(i) If required by applicable state law, 

the vessel’s number, the commercial 

fishing license number, or buoy brand 

number; or 

(ii) The vessel documentation number 

issued by the USCG, or, for an 


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undocumented vessel, the vessel 

registration number issued by the state. 

(b) [Reserved] 

§ 660.320 Open access fishery—crossover 

provisions. 

(a) Operating in both limited entry 

and open access fisheries. See 

provisions at § 660.60, subpart C. 

(b) Operating in north-south 

management areas with different trip 

limits. NMFS uses different types of 

management areas for West Coast 

groundfish management. One type of 

management area is the north-south 

management area, a large ocean area 

with northern and southern boundary 

lines wherein trip limits, seasons, and 

conservation areas follow a single 

theme. Within each north-south 

management area, there may be one or 

more conservation areas, detailed in 

§§ 660.11, subpart C, and 660.70, 

subpart C, through 660.74. The 

provisions within this paragraph apply 

to vessels operating in different northsouth management areas. Trip limits for 

a species or a species group may differ 

in different north-south management 

areas along the coast. The following 

‘‘crossover’’ provisions apply to vessels 

operating in different geographical areas 

that have different cumulative or ‘‘per 

trip’’ trip limits for the same species or 

species group. Such crossover 

provisions do not apply to species that 

are subject only to daily trip limits, or 

to the trip limits for black rockfish off 

Washington (see § 660.330(e)). 

(1) Going from a more restrictive to a 

more liberal area. If a vessel takes and 

retains any groundfish species or 

species group of groundfish in an area 

where a more restrictive trip limit 

applies before fishing in an area where 

a more liberal trip limit (or no trip limit) 

applies, then that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(2) Going from a more liberal to a 

more restrictive area. If a vessel takes 

and retains a groundfish species or 

species group in an area where a higher 

trip limit or no trip limit applies, and 

takes and retains, possesses or lands the 

same species or species group in an area 

where a more restrictive trip limit 

applies, that vessel is subject to the 

more restrictive trip limit for the entire 

period to which that trip limit applies, 

no matter where the fish are taken and 

retained, possessed, or landed. 

(3) Operating in two different areas 

where a species or species group is 

managed with different types of trip 

limits. During the fishing year, NMFS 

may implement management measures 

for a species or species group that set 

different types of trip limits (for 

example, per trip limits versus 

cumulative trip limits) for different 

areas. If a vessel fishes for a species or 

species group that is managed with 

different types of trip limits in two 

different areas within the same 

cumulative limit period, then that vessel 

is subject to the most restrictive overall 

cumulative limit for that species, 

regardless of where fishing occurs. 

(4) Minor rockfish. Several rockfish 

species are designated with speciesspecific limits on one side of the 40°10′ 

N. lat. management line, and are 

included as part of a minor rockfish 

complex on the other side of the line. 

A vessel that takes and retains fish from 

a minor rockfish complex (nearshore, 

shelf, or slope) on both sides of a 

management line during a single 

cumulative limit period is subject to the 

more restrictive cumulative limit for 

that minor rockfish complex during that 

period. 

(i) If a vessel takes and retains minor 

slope rockfish north of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land splitnose rockfish 

up to its cumulative limit south of 

40°10′ N. lat., even if splitnose rockfish 

were a part of the landings from minor 

slope rockfish taken and retained north 

of 40°10′ N. lat. 

(ii) If a vessel takes and retains minor 

slope rockfish south of 40°10′ N. lat., 

that vessel is also permitted to take and 

retain, possess or land POP up to its 

cumulative limit north of 40°10′ N. lat., 

even if POP were a part of the landings 

from minor slope rockfish taken and 

retained south of 40°10′ N. lat. 

(v) ‘‘DTS complex.’’ There are often 

differential trawl trip limits for the ‘‘DTS 

complex’’ north and south of latitudinal 

management lines. Vessels operating in 

the limited entry trawl fishery are 

subject to the crossover provisions in 

this paragraph when making landings 

that include any one of the four species 

in the ‘‘DTS complex.’’ 

§ 660.330 Open access fishery— 

management measures. 

(a) General. Groundfish species taken 

in open access fisheries will be managed 

with cumulative trip limits (see trip 

limits in Tables 3 (North) and 3 (South) 

of this subpart), size limits (see 

§ 660.60(h)(5)), seasons (see seasons in 

Tables 3 (North) and 3 (South) of this 

subpart), gear restrictions (see paragraph 

(b) of this section), and closed areas (see 

paragraph (d) of this section and 

§§ 660.70 through 660.79, subpart C). 

Unless otherwise specified, a vessel 

operating in the open access fishery is 

subject to, and must not exceed any trip 

limit, frequency limit, and/or size limit 

for the open access fishery. Cowcod 

retention is prohibited in all fisheries 

and groundfish vessels operating south 

of Point Conception must adhere to CCA 

restrictions (see paragraph (d)(11) of this 

section and § 660.70, Subpart C). 

Retention of yelloweye rockfish and 

canary rockfish is prohibited in all open 

access fisheries. For information on the 

open access daily/weekly trip limit 

fishery for sablefish, see § 660.332 and 

the trip limits in Tables 3 (North) and 

3 (South) of this subpart. Open access 

vessels are subject to daily or weekly 

sablefish limits in addition to 

cumulative limits for each cumulative 

limit period. Only one sablefish landing 

per week may be made in excess of the 

daily trip limit and, if the vessel chooses 

to make a landing in excess of that daily 

trip limit, then that is the only sablefish 

landing permitted for that week. The 

trip limit for black rockfish caught with 

hook-and-line gear also applies, see 

paragraph (e) of this section. Open 

access vessels that fish with nongroundfish trawl gear or in the salmon 

troll fishery north of 40° 10′ N. lat. are 

subject to the cumulative limits and 

closed areas (except the pink shrimp 

fishery which is not subject to RCA 

restrictions) listed in Tables 3 (North) 

and 3 (South) of this subpart. Federal 

commercial groundfish regulations are 

not intended to supersede any more 

restrictive state commercial groundfish 

regulations relating to federally 

managed groundfish. 

(b) Gear restrictions. Open access gear 

includes longline, trap, pot, hook-andline (fixed or mobile), setnet (anchored 

gillnet or trammel net, which are 

permissible south of 38° N. lat. only), 

spear and non-groundfish trawl gear 

(trawls used to target non-groundfish 

species: pink shrimp or ridgeback 

prawns, and, south of Pt. Arena, CA 

(38°57.50′ N. lat.), California halibut or 

sea cucumbers). Restrictions for gears 

used in the open access fisheries are as 

follows: 

(1) Non-groundfish trawl gear. Nongroundfish trawl gear is generally trawl 

gear used to target pink shrimp, 

ridgeback prawn, California halibut and 

sea cucumber and is exempt from the 

limited entry trawl gear restrictions at 

§ 660.130(b). The following gear 

restrictions apply to non-groundfish 

trawl gear: 

(i) Bottom trawl gear with a footrope 

diameter greater than 19 inches (48 cm) 

(including rollers, bobbins, or other 

material encircling or tied along the 

length of the footrope) is prohibited 

anywhere in EFH within the EEZ, as 

defined by latitude/longitude 

coordinates at § 660.75 unless such gear 


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is the gear of another vessel that has 

been retrieved at sea and made 

inoperable or stowed in a manner not 

capable of being fished. The disposal at 

sea of such gear is prohibited by Annex 

V of the International Convention for 

the Prevention of Pollution From Ships, 

1973 (Annex V of MARPOL 73/78). 

(ii) [Reserved] 

(2) Fixed gear—(i) Fixed gear 

(longline, trap or pot, set net and 

stationary hook-and-line gear, including 

commercial vertical hook-and-line gear) 

must be attended at least once every 7 

days. 

(ii) Set nets. Fishing for groundfish 

with set nets is prohibited in the fishery 

management area north of 38°00.00′ N. 

lat. 

(iii) Traps or pots. Traps must have 

biodegradable escape panels 

constructed with 21 or smaller 

untreated cotton twine in such a manner 

that an opening at least 8 inches (20.3 

cm) in diameter results when the twine 

deteriorates. 

(iv) Spears. Spears may be propelled 

by hand or by mechanical means. 

(c) Sorting. Under § 660.12(a)(8), 

subpart C, it is unlawful for any person 

to ‘‘fail to sort, prior to the first weighing 

after offloading, those groundfish 

species or species groups for which 

there is a trip limit, size limit, scientific 

sorting designation, quota, harvest 

guideline, or OY, if the vessel fished or 

landed in an area during a time when 

such trip limit, size limit, scientific 

sorting designation, quota, harvest 

guideline, or OY applied.’’ The States of 

Washington, Oregon, and California 

may also require that vessels record 

their landings as sorted on their state 

landing receipts. For open access 

vessels, the following species must be 

sorted: 

(1) Coastwide—widow rockfish, 

canary rockfish, darkblotched rockfish, 

yelloweye rockfish, shortbelly rockfish, 

black rockfish, blue rockfish, minor 

nearshore rockfish, minor shelf rockfish, 

minor slope rockfish, shortspine and 

longspine thornyhead, Dover sole, 

arrowtooth flounder, petrale sole, starry 

flounder, English sole, other flatfish, 

lingcod, sablefish, Pacific cod, spiny 

dogfish, longnose skate, other fish, 

Pacific whiting, and Pacific sanddabs; 

(2) North of 40°10′ N. lat.—POP, 

yellowtail rockfish; 

(3) South of 40°10′ N. lat.—minor 

shallow nearshore rockfish, minor 

deeper nearshore rockfish, chilipepper 

rockfish, bocaccio rockfish, splitnose 

rockfish, cowcod, bronzespotted 

rockfish and cabezon. 

(d) Groundfish conservation areas 

affecting open access vessels. A GCA, a 

type of closed area, is a geographic area 

defined by coordinates expressed in 

degrees of latitude and longitude. A 

vessel that is authorized by this 

paragraph to fish within a GCA (e.g. 

fishing for ‘‘other flatfish’’ using no more 

than 12 hooks, ‘‘Number 2’’ or smaller), 

may not simultaneously have other gear 

on board the vessel that is unlawful to 

use for fishing within the GCA. The 

following GCAs apply to vessels 

participating in the open access 

groundfish fishery. 

(1) North coast recreational yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the North 

Coast Recreational Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. The 

North Coast Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(2) North coast commercial yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the North 

Coast Commercial Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. 

Fishing with open access gear is 

prohibited within the North Coast 

Commercial YRCA. It is unlawful to 

take and retain, possess, or land 

groundfish taken with open access gear 

within the North Coast Commercial 

YRCA. Open access vessels may transit 

through the North Coast Commercial 

YRCA with or without groundfish on 

board. 

(3) South coast recreational yelloweye 

rockfish conservation area. The latitude 

and longitude coordinates of the South 

Coast Recreational Yelloweye Rockfish 

Conservation Area (YRCA) boundaries 

are specified at § 660.70, subpart C. The 

South Coast Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(4) Westport offshore recreational 

YRCA. The latitude and longitude 

coordinates that define the Westport 

Offshore Recreational YRCA boundaries 

are specified at § 660.70, subpart C. The 

Westport Offshore Recreational YRCA is 

designated as an area to be avoided (a 

voluntary closure) by commercial fixed 

gear fishers. 

(5) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, subpart C. 

Fishing with open access gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

open access gear within the Point St. 

George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

Point St. George YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. Open access vessels may 

transit through the Point St. George 

YRCA, at any time, with or without 

groundfish on board. 

(6) South Reef YRCA. The latitude 

and longitude coordinates of the South 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

South Reef YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

South Reef YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and commercial 

fishing for groundfish is open within the 

South Reef YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. Open access gear vessels 

may transit through the South Reef 

YRCA, at any time, with or without 

groundfish on board. 

(7) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with open access gear is prohibited 

within the Reading Rock YRCA, on 

dates when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with open access 

gear within the Reading Rock YRCA, on 

dates when the closure is in effect. The 

closure is not in effect at this time, and 

commercial fishing for groundfish is 

open within the Reading Rock YRCA 

from January 1 through December 31. 

This closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Reading 

Rock YRCA, at any time, with or 

without groundfish on board. 

(8) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (North) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time, and 

commercial fishing for groundfish is 

open within the Point Delgada (North) 

YRCA from January 1 through December 

31. This closure may be imposed 

through inseason adjustment. Open 

access gear vessels may transit through 

the Point Delgada (North) YRCA, at any 


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time, with or without groundfish on 

board. 

(9) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (South) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time, and 

commercial fishing for groundfish is 

open within the Point Delgada (South) 

YRCA from January 1 through December 

31. This closure may be imposed 

through inseason adjustment. Open 

access gear vessels may transit through 

the Point Delgada (South) YRCA, at any 

time, with or without groundfish on 

board. 

(10) Salmon Troll Yelloweye Rockfish 

Conservation Area (YRCA). The latitude 

and longitude coordinates of the Salmon 

Troll YRCA boundaries are specified in 

the groundfish regulations at § 660.70, 

subpart C, and in the salmon regulations 

at § 660.405. Fishing with salmon troll 

gear is prohibited within the Salmon 

Troll YRCA. It is unlawful for 

commercial salmon troll vessels to take 

and retain, possess, or land fish taken 

with salmon troll gear within the 

Salmon Troll YRCA. Open access 

vessels may transit through the Salmon 

Troll YRCA with or without fish on 

board. 

(11) Cowcod Conservation Areas 

(CCAs). The latitude and longitude 

coordinates of the CCAs boundaries are 

specified at § 660.70, subpart C. It is 

unlawful to take and retain, possess, or 

land groundfish within the CCAs, 

except for species authorized in this 

paragraph caught according to gear 

requirements in this paragraph, when 

those waters are open to fishing. 

Commercial fishing vessels may transit 

through the Western CCA with their 

gear stowed and groundfish on board 

only in a corridor through the Western 

CCA bounded on the north by the 

latitude line at 33°00.50′ N. lat., and 

bounded on the south by the latitude 

line at 32°59.50′ N. lat. Fishing with 

open access gear is prohibited in the 

CCAs, except as follows: 

(i) Fishing for ‘‘other flatfish’’ is 

permitted within the CCAs under the 

following conditions: When using no 

more than 12 hooks, ‘‘Number 2’’ or 

smaller, which measure no more than 

11 mm (0.44 inches) point to shank, and 

up to two 1-lb (0.45 kg) weights per line; 

and provided a valid declaration report 

as required at § 660.12(d), subpart C, has 

been filed with NMFS OLE. 

(ii) Fishing for rockfish and lingcod is 

permitted shoreward of the 20 fm (37 m) 

depth contour within the CCAs when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

required at § 660.12(d), subpart C, has 

been filed with NMFS OLE. 

(12) Nontrawl rockfish conservation 

areas for the open access fisheries. The 

nontrawl RCAs are closed areas, defined 

by specific latitude and longitude 

coordinates (specified at §§ 660.70 

through 660.74, subpart C) designed to 

approximate specific depth contours, 

where fishing for groundfish with 

nontrawl gear is prohibited. Boundaries 

for the nontrawl RCA throughout the 

year are provided in the open access trip 

limit tables, Table 3 (North) and Table 

3 (South) of this subpart and may be 

modified by NMFS inseason pursuant to 

§ 660.60(c). 

(i) It is unlawful to operate a vessel in 

the nontrawl RCA that has nontrawl 

gear onboard and is not registered to a 

limited entry permit on a trip in which 

the vessel is used to take and retain or 

possess groundfish in the EEZ, or land 

groundfish taken in the EEZ, except for 

the purpose of continuous transiting, or 

when the use of nontrawl gear is 

authorized in part 660. 

(ii) On any trip on which a groundfish 

species is taken with nontrawl open 

access gear and retained, the open 

access nontrawl vessel may transit 

through the nontrawl RCA only if all 

groundfish nontrawl gear is stowed 

either: Below deck; or if the gear cannot 

readily be moved, in a secured and 

covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels taking and 

retaining or possessing groundfish in 

the EEZ, or landing groundfish taken in 

the EEZ. Unless otherwise authorized by 

part 660, a vessel may not retain any 

groundfish taken on a fishing trip for 

species other than groundfish that 

occurs within the nontrawl RCA. If a 

vessel fishes in a non-groundfish fishery 

in the nontrawl RCA, it may not 

participate in any fishing for groundfish 

on that trip that is prohibited within the 

nontrawl RCA. [For example, if a vessel 

fishes in the salmon troll fishery within 

the RCA, the vessel cannot on the same 

trip fish in the sablefish fishery outside 

of the RCA.] 

(iv) Fishing for ‘‘other flatfish’’ off 

California (between 42° N. lat. south to 

the U.S./Mexico border) is permitted 

within the nontrawl RCA with fixed 

gear only under the following 

conditions: When using no more than 

12 hooks, ‘‘Number 2’’ or smaller, which 

measure no more than 11 mm (0.44 

inches) point to shank, and up to two 1– 

lb (0.91 kg) weights per line when trip 

limits authorize such fishing; and 

provided a valid declaration report as 

required at § 660.12(d), subpart C, has 

been filed with NMFS OLE. 

(13) Non-groundfish trawl rockfish 

conservation areas for the open access 

non-groundfish trawl fisheries. The nongroundfish trawl RCAs are closed areas, 

defined by specific latitude and 

longitude coordinates (specified at 

§§ 660.70 through 660.74, subpart C) 

designed to approximate specific depth 

contours, where fishing for groundfish 

with nontrawl gear is prohibited. 

Boundaries for the nontrawl RCA 

throughout the year are provided in the 

open access trip limit tables, Table 3 

(North) and Table 3 (South) of this 

subpart and may be modified by NMFS 

inseason pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel in 

the non-groundfish trawl RCA with nongroundfish trawl gear onboard, except 

for the purpose of continuous transiting, 

or when the use of trawl gear is 

authorized in part 660. It is unlawful to 

take and retain, possess, or land 

groundfish taken with non-groundfish 

trawl gear within the nontrawl RCA, 

unless otherwise authorized in part 660. 

(ii) Non-groundfish trawl vessels may 

transit through the non-groundfish trawl 

RCA, with or without groundfish on 

board, provided all non-groundfish 

trawl gear is stowed either: Below deck; 

or if the gear cannot readily be moved, 

in a secured and covered manner, 

detached from all towing lines, so that 

it is rendered unusable for fishing; or 

remaining on deck uncovered if the 

trawl doors are hung from their 

stanchions and the net is disconnected 

from the doors. 

(iii) The non-groundfish trawl RCA 

restrictions in this section apply to 

vessels taking and retaining or 

possessing groundfish in the EEZ, or 

landing groundfish taken in the EEZ. 

Unless otherwise authorized by Part 

660, it is unlawful for a vessel to retain 

any groundfish taken on a fishing trip 

for species other than groundfish that 

occurs within the non-groundfish trawl 

RCA. If a vessel fishes in a nongroundfish fishery in the nongroundfish trawl RCA, it may not 

participate in any fishing on that trip 

that is prohibited within the nongroundfish trawl RCA. [For example, if 

a vessel fishes in the pink shrimp 

fishery within the RCA, the vessel 

cannot on the same trip fish in the DTS 

fishery seaward of the RCA.] Nothing in 

these Federal regulations supersedes 

any state regulations that may prohibit 


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trawling shoreward of the fishery 

management area (3–200 nm). 

(iv) It is lawful to fish with nongroundfish trawl gear within the nongroundfish trawl RCA only under the 

following conditions: 

(A) Pink shrimp trawling is permitted 

in the non-groundfish trawl RCA when 

a valid declaration report as required at 

§ 660.12(d), subpart C, has been filed 

with NMFS OLE. Groundfish caught 

with pink shrimp trawl gear may be 

retained anywhere in the EEZ and are 

subject to the limits in Table 3 (North) 

and Table 3 (South) of this subpart. 

(B) When the shoreward line of the 

trawl RCA is shallower than 100 fm (183 

m), vessels using ridgeback prawn trawl 

gear south of 34°27.00′ N. lat. may 

operate out to the 100 fm (183 m) 

boundary line specified at § 660.73 

when a valid declaration report as 

required at § 660.12(d), subpart C, has 

been filed with NMFS OLE. Groundfish 

caught with ridgeback prawn trawl gear 

are subject to the limits in Table 3 

(North) and Table 3 (South) of this 

subpart. 

(14) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ is 

permitted around the Farallon Islands 

using no more than 12 hooks, ‘‘Number 

2’’ or smaller, which measure no more 

than 11 mm (0.44 inches) point to 

shank, and up to two 1-lb (0.45 kg) 

weights per line. (See Table 2 (South) of 

this subpart.) For a definition of the 

Farallon Islands, see § 660.70, subpart C. 

(15) Cordell banks. Commercial 

fishing for groundfish is prohibited in 

waters of depths less than 100–fm (183– 

m) around Cordell Banks, as defined by 

specific latitude and longitude 

coordinates at § 660.70, subpart C. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ is 

permitted around Cordell Banks using 

no more than 12 hooks, ‘‘Number 2’’ or 

smaller, which measure no more than 

11 mm (0.44 inches) point to shank, and 

up to two 1-lb (0.45 kg) weights per line. 

(16) Essential fish habitat 

conservation areas (EFHCA). An 

EFHCA, a type of closed area, is a 

geographic area defined by coordinates 

expressed in degrees of latitude and 

longitude at §§ 660.76 through 660.79, 

where specified types of fishing are 

prohibited in accordance with § 660.12, 

subpart C. EFHCAs apply to vessels 

using bottom trawl gear and or vessels 

using ‘‘bottom contact gear,’’ which is 

defined at § 660.11, subpart C, and 

includes, but is not limited to: Beam 

trawl, bottom trawl, dredge, fixed gear, 

set net, demersal seine, dinglebar gear, 

and other gear (including experimental 

gear) designed or modified to make 

contact with the bottom. 

(i) The following EFHCAs apply to 

vessels operating within the EEZ off the 

coasts of Washington, Oregon, and 

California with bottom trawl gear: 

(A) Seaward of a boundary line 

approximating the 700-fm (1280-m) 

depth contour. Fishing with bottom 

trawl gear is prohibited in waters of 

depths greater than 700 fm (1280 m) 

within the EFH, as defined by specific 

latitude and longitude coordinates at 

§§ 660.75 and 660.76. 

(B) Shoreward of a boundary line 

approximating the 100-fm (183-m) 

depth contour. Fishing with bottom 

trawl gear with a footrope diameter 

greater than 8 inches (20 cm) is 

prohibited in waters shoreward of a 

boundary line approximating the 100-fm 

(183-m) depth contour, as defined by 

specific latitude and longitude 

coordinates at § 660.73. 

(C) EFHCAs for all bottom trawl gear. 

Fishing with all bottom trawl gear is 

prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§§ 660.77 through 660.78: Olympic 2, 

Biogenic 1, Biogenic 2, Grays Canyon, 

Biogenic 3, Astoria Canyon, Nehalem 

Bank/Shale Pile, Siletz Deepwater, 

Daisy Bank/Nelson Island, Newport 

Rockpile/Stonewall Bank, Heceta Bank, 

Deepwater off Coos Bay, Bandon High 

Spot, Rogue Canyon. 

(D) EFHCAs for all bottom trawl gear, 

except demersal seine gear. Fishing with 

all bottom trawl gear except demersal 

seine gear (defined at § 660.11, subpart 

C) is prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§ 660.79: Eel River Canyon, Blunts Reef, 

Mendocino Ridge, Delgada Canyon, 

Tolo Bank, Point Arena North, Point 

Arena South Biogenic Area, Cordell 

Bank/Biogenic Area, Farallon Islands/ 

Fanny Shoal, Half Moon Bay, Monterey 

Bay/Canyon, Point Sur Deep, Big Sur 

Coast/Port San Luis, East San Lucia 

Bank, Point Conception, Hidden Reef/ 

Kidney Bank (within Cowcod 

Conservation Area West), Catalina 

Island, Potato Bank (within Cowcod 

Conservation Area West), Cherry Bank 

(within Cowcod Conservation Area 

West), and Cowcod EFH Conservation 

Area East. 

(E) EFHCAs for bottom contact gear, 

which includes bottom trawl gear. 

Fishing with bottom contact gear is 

prohibited within the following 

EFHCAs, which are defined by specific 

latitude and longitude coordinates at 

§§ 660.398–.399: Thompson Seamount, 

President Jackson Seamount, Cordell 

Bank (50–fm (91–m) isobath), Harris 

Point, Richardson Rock, Scorpion, 

Painted Cave, Anacapa Island, 

Carrington Point, Judith Rock, Skunk 

Point, Footprint, Gull Island, South 

Point, and Santa Barbara. Fishing with 

bottom contact gear is also prohibited 

within the Davidson Seamount EFH 

Area, which is defined by specific 

latitude and longitude coordinates at 

§ 660.75, subpart C. 

(e) Black rockfish fishery 

management. The trip limit for black 

rockfish (Sebastes melanops) for 

commercial fishing vessels using hookand-line gear between the U.S.-Canada 

border and Cape Alava (48°09.50′ N. 

lat.), and between Destruction Island 

(47°40′ N. lat.) and Leadbetter Point 

(46°38.17′ N. lat.), is 100-lbs (45 kg) or 

30 percent, by weight of all fish on 

board, whichever is greater, per vessel 

per fishing trip. These per trip limits 

apply to limited entry and open access 

fisheries, in conjunction with the 

cumulative trip limits and other 

management measures in §§ 660.230 

and 660.330. The crossover provisions 

in § 660.60(h)(7), subpart C, do not 

apply to the black rockfish per-trip 

limits. 

§ 660.332 Open access daily trip limit 

(DTL) fishery for sablefish. 

(a) Open access DTL fisheries both 

north and south of 36° N. lat. Open 

access vessels may fish in the open 

access, daily trip limit fishery for as 

long as that fishery is open during the 

year, subject to the routine management 

measures imposed under § 660.60, 

subpart C. 

(b) Trip limits—(1) Daily and/or 

weekly trip limits for the open access 

fishery north and south of 36° N. lat. are 

provided in Tables 3 (North) and 3 

(South) of this subpart. 

(2) Trip and/or frequency limits may 

be imposed in the limited entry fishery 

on vessels that are not participating in 

the primary season under § 660.60, 

subpart C. 

(3) Trip and/or size limits to protect 

juvenile sablefish in the limited entry or 

open-access fisheries also may be 

imposed at any time under § 660.60, 

subpart C. 

(4) Trip limits may be imposed in the 

open access fishery at any time under 

§ 660.60, subpart C. 

§ 660.333 Open access non-groundfish 

trawl fishery—management measures. 

(a) General. Groundfish taken with 

non-groundfish trawl gear by vessels 

engaged in fishing for pink shrimp, 

ridgeback prawns, California halibut, or 


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sea cucumbers. Trip limits for 

groundfish retained in the ridgeback 

prawn, California halibut, or sea 

cucumber fisheries are in the open 

access trip limit table, Table 3 (South) 

of this subpart. Trip limits for 

groundfish retained in the pink shrimp 

fishery are in Tables 3 (North) and 3 

(South) of this subpart. The table also 

generally describes the RCAs for vessels 

participating in these fisheries. 

(b) Participation in the ridgeback 

prawn fishery. A trawl vessel will be 

considered participating in the 

ridgeback prawn fishery if: 

(1) It is not registered to a valid 

Federal limited entry groundfish permit 

issued under § 660.25(b) for trawl gear; 

and 

(2) The landing includes ridgeback 

prawns taken in accordance with 

California Fish and Game Code, section 

8595, which states: ‘‘Prawns or shrimp 

may be taken for commercial purposes 

with a trawl net, subject to Article 10 

(commencing with Section 8830) of 

Chapter 3.’’ 

(c) Participation in the California 

halibut fishery—(1) A trawl vessel will 

be considered participating in the 

California halibut fishery if: 

(i) It is not registered to a valid 

Federal limited entry groundfish permit 

issued under § 660. 25(b) for trawl gear; 

(ii) All fishing on the trip takes place 

south of Pt. Arena, CA (38°57.50′ N. 

lat.); and 

(iii) The landing includes California 

halibut of a size required by California 

Fish and Game Code section 8392, 

which states: ‘‘No California halibut may 

be taken, possessed or sold which 

measures less than 22 in (56 cm) in total 

length, unless it weighs 4-lb (1.8144 kg) 

or more in the round, 3 and one-half lbs 

(1.587 kg) or more dressed with the 

head on, or 3-lbs (1.3608 kg) or more 

dressed with the head off. Total length 

means the shortest distance between the 

tip of the jaw or snout, whichever 

extends farthest while the mouth is 

closed, and the tip of the longest lobe of 

the tail, measured while the halibut is 

lying flat in natural repose, without 

resort to any force other than the 

swinging or fanning of the tail.’’ 

(2) [Reserved] 

(d) Participation in the sea cucumber 

fishery. A trawl vessel will be 

considered to be participating in the sea 

cucumber fishery if: 

(1) It is not registered to a valid 

Federal limited entry groundfish permit 

issued under § 660. 25(b) for trawl gear; 

(2) All fishing on the trip takes place 

south of Pt. Arena, CA (38°57.50′ N. 

lat.); and 

(3) The landing includes sea 

cucumbers taken in accordance with 

California Fish and Game Code, section 

8405, which requires a permit issued by 

the State of California. 

(e) Groundfish taken with nongroundfish trawl gear by vessels engaged 

in fishing for pink shrimp. 

Notwithstanding § 660.60(h)(7), a vessel 

that takes and retains pink shrimp and 

also takes and retains groundfish in 

either the limited entry or another open 

access fishery during the same 

applicable cumulative limit period that 

it takes and retains pink shrimp (which 

may be 1 month or 2 months, depending 

on the fishery and the time of year), may 

retain the larger of the two limits, but 

only if the limit(s) for each gear or 

fishery are not exceeded when operating 

in that fishery or with that gear. The 

limits are not additive; the vessel may 

not retain a separate trip limit for each 

fishery. 

5. Redesignate § 660.390 through 

§ 660.399, subpart G as § 660.70 through 

§ 660.79, subpart C, as follows: 

Old section New section 

§ 660.390 ................... § 660.70. 

§ 660.391 ................... § 660.71. 

§ 660.392 ................... § 660.72. 

§ 660.393 ................... § 660.73. 

§ 660.394 ................... § 660.74. 

§ 660.395 ................... § 660.75. 

§ 660.396 ................... § 660.76. 

§ 660.397 ................... § 660.77. 

§ 660.398 ................... § 660.78. 

§ 660.399 ................... § 660.79. 

6. Redesignate Tables 1a through 2c to 

part 660, subpart G as Tables 1a through 

2c to part 660, subpart C, as follows: 

Old table New table 

Table 1a to part 660, 

subpart G.

Table 1a to part 660, 

subpart C. 

Table 1b to part 660, 

subpart G.

Table 1b to part 660, 

subpart C. 

Table 1c to part 660, 

subpart G.

Table 1c to part 660, 

subpart C. 

Table 2a to part 660, 

subpart G.

Table 2a to part 660, 

subpart C. 

Table 2b to part 660, 

subpart G.

Table 2b to part 660, 

subpart C. 

Table 2c to part 660, 

subpart G.

Table 2c to part 660, 

subpart C. 

7. Redesignate Table 3 (North) and 

Table 3 (South) to part 660, subpart G 

as Table 1 (North) through Table 1 

(South) to part 660, subpart D, as 

follows: 

Old table New table 

Table 3 (North) to 

part 660, subpart G.

Table 1 (North) to 

part 660, subpart 

D. 

Table 3 (South) to 

part 660, subpart G.

Table 1 (South) to 

part 660, subpart 

D. 

8. Redesignate Table 4 (North) and 

Table 4 (South) to part 660, subpart G 

as Table 1 (North) through Table 1 

(South) to part 660, subpart E, as 

follows: 

Old table New table 

Table 1 (North) to 

part 660, subpart G.

Table 1 (North) to 

part 660, subpart 

E. 

Table 1 (South) to 

part 660, subpart G.

Table 1 (South) to 

part 660, subpart 

E. 

9. Redesignate Table 5 (North) and 

Table 5 (South) to part 660, subpart G 

as Table 1 (North) through Table 1 

(South) to part 660, subpart F, as 

follows: 

Old table New table 

Table 1 (North) to 

part 660, subpart G.

Table 1 (North) to 

part 660, subpart F. 

Table 1 (South) to 

part 660, subpart G.

Table 1 (South) to 

part 660, subpart F. 

10. Redesignate Figure 1 to subpart G 

of part 660 as Figure 1 to subpart D of 

part 660. 

11. Redesignate Table 2 to part 660 as 

Table 3 to part 660, subpart C. 

12. Revise subpart G to part 660 to 

read as follows: 

Subpart G—West Coast Groundfish— 

Recreational Fisheries 

Sec. 

660.350 Purpose and scope. 

660.351 Recreational fishery—definitions. 

660.352 Recreational fishery—prohibitions. 

660.353 Recreational fishery— 

recordkeeping and reporting. 

660.360 Recreational fishery—management 

measures. 

Subpart G—West Coast Groundfish— 

Recreational Fisheries 

§ 660.350 Purpose and scope. 

This subpart covers the Pacific Coast 

Groundfish recreational fishery. 

§ 660.351 Recreational fishery— 

definitions. 

These definitions are specific to the 

recreational fisheries covered in this 

subpart. General groundfish definitions 

are defined at § 660.11, subpart C. 

Bag limit means the number of fish 

available to an angler. 

Boat limit means the number of fish 

available to for a vessel or boat. 

Hook limit means a limit on the 

number of hooks on any given fishing 

line. 

§ 660.352 Recreational fishery— 

prohibitions. 

These prohibitions are specific to the 

recreational fisheries. General 


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groundfish prohibitions are found at 

§ 660.12, subpart C. In addition to the 

general groundfish prohibitions 

specified in § 600.12, subpart C, of this 

chapter, it is unlawful for any person to: 

(a) Sell, offer to sell, or purchase any 

groundfish taken in the course of 

recreational groundfish fishing. 

(b) Use fishing gear other than hookand-line or spear for recreational 

fishing. 

§ 660.353 Recreational fishery— 

recordkeeping and reporting. 

Recordkeeping and reporting 

requirements at § 660.13 (a) through (c), 

subpart C, apply to the recreational 

fishery. 

§ 660.360 Recreational fishery— 

management measures. 

(a) General. Federal recreational 

groundfish regulations are not intended 

to supersede any more restrictive state 

recreational groundfish regulations 

relating to federally-managed 

groundfish. The bag limits include fish 

taken in both state and Federal waters. 

(b) Gear restrictions. The only types of 

fishing gear authorized for recreational 

fishing are hook-and-line and spear. 

Spears may be propelled by hand or by 

mechanical means. More fisheryspecific gear restrictions may be 

required by state as noted in paragraph 

(c) of this section (e.g. California’s 

recreational ‘‘other flatfish’’ fishery). 

(c) State-specific recreational fishery 

management measures. Federal 

recreational groundfish regulations are 

not intended to supersede any more 

restrictive State recreational groundfish 

regulations relating to federallymanaged groundfish. Off the coast of 

Washington, Oregon, and California, 

boat limits apply, whereby each fisher 

aboard a vessel may continue to use 

angling gear until the combined daily 

limits of groundfish for all licensed and 

juvenile anglers aboard has been 

attained (additional state restrictions on 

boat limits may apply). 

(1) Washington. For each person 

engaged in recreational fishing off the 

coast of Washington, the groundfish bag 

limit is 15 groundfish per day, including 

rockfish and lingcod, and is open yearround (except for lingcod). In the Pacific 

halibut fisheries, retention of groundfish 

is governed in part by annual 

management measures for Pacific 

halibut fisheries, which are published in 

the Federal Register. South of 

Leadbetter Point, WA to the 

Washington/Oregon border, when 

Pacific halibut are onboard the vessel, 

no groundfish may be taken and 

retained, possessed or landed, except 

sablefish and Pacific cod. The following 

sublimits and closed areas apply: 

(i) Recreational Groundfish 

Conservation Areas off Washington—(A) 

North Coast Recreational Yelloweye 

Rockfish Conservation Area. 

Recreational fishing for groundfish and 

halibut is prohibited within the North 

Coast Recreational Yelloweye Rockfish 

Conservation Area (YRCA). It is 

unlawful for recreational fishing vessels 

to take and retain, possess, or land 

groundfish taken with recreational gear 

within the North Coast Recreational 

YRCA. A vessel fishing in the North 

Coast Recreational YRCA may not be in 

possession of any groundfish. 

Recreational vessels may transit through 

the North Coast Recreational YRCA with 

or without groundfish on board. The 

North Coast Recreational YRCA is 

defined by latitude and longitude 

coordinates specified at § 660.70, 

subpart C. 

(B) South coast recreational yelloweye 

rockfish conservation area. Recreational 

fishing for groundfish and halibut is 

prohibited within the South Coast 

Recreational YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land groundfish taken 

with recreational gear within the South 

Coast Recreational YRCA. A vessel 

fishing in the South Coast Recreational 

YRCA may not be in possession of any 

groundfish. Recreational vessels may 

transit through the South Coast 

Recreational YRCA with or without 

groundfish on board. The South Coast 

Recreational YRCA is defined by 

latitude and longitude coordinates 

specified at § 660.70, subpart C. 

(C) Westport offshore recreational 

yelloweye rockfish conservation area. 

Recreational fishing for groundfish and 

halibut is prohibited within the 

Westport Offshore Recreational YRCA. 

It is unlawful for recreational fishing 

vessels to take and retain, possess, or 

land groundfish taken with recreational 

gear within the Westport Offshore 

Recreational YRCA. A vessel fishing in 

the Westport Offshore Recreational 

YRCA may not be in possession of any 

groundfish. Recreational vessels may 

transit through the Westport Offshore 

Recreational YRCA with or without 

groundfish on board. The Westport 

Offshore Recreational YRCA is defined 

by latitude and longitude coordinates 

specified at § 660.70, subpart C. 

(D) Recreational rockfish conservation 

area. Fishing for groundfish with 

recreational gear is prohibited within 

the recreational RCA. It is unlawful to 

take and retain, possess, or land 

groundfish taken with recreational gear 

within the recreational RCA. A vessel 

fishing in the recreational RCA may not 

be in possession of any groundfish. [For 

example, if a vessel fishes in the 

recreational salmon fishery within the 

RCA, the vessel cannot be in possession 

of groundfish while in the RCA. The 

vessel may, however, on the same trip 

fish for and retain groundfish shoreward 

of the RCA on the return trip to port.] 

(1) Between the U.S. border with 

Canada and the Queets River, 

recreational fishing for groundfish is 

prohibited seaward of a boundary line 

approximating the 20-fm (37-m) depth 

contour from May 21 through 

September 30, except on days when the 

Pacific halibut fishery is open in this 

area. Days open to Pacific halibut 

recreational fishing off Washington are 

announced on the NMFS hotline at 

(206) 526–6667 or (800) 662–9825. 

Coordinates for the boundary line 

approximating the 20-fm (37-m) depth 

contour are listed in § 660.71, subpart C. 

(2) Between the Queets River and 

Leadbetter Point, recreational fishing for 

groundfish is prohibited seaward of a 

boundary line approximating the 30-fm 

(55-m) depth contour from March 15 

through June 15, except that recreational 

fishing for sablefish and Pacific cod is 

permitted within the recreational RCA 

from May 1 through June 15, and on 

days that the primary halibut fishery is 

open lingcod may be taken, retained and 

possessed seaward of the boundary line 

approximating the 30-fm (55-m) depth 

contour. Days open to Pacific halibut 

recreational fishing off Washington are 

announced on the NMFS hotline at 

(206) 526–6667 or (800) 662–9825. 

Retention of lingcod seaward of the 

boundary line approximating the 30-fm 

(55-m) depth contour south of 46°58′ N. 

lat. is prohibited on Fridays and 

Saturdays from July 1 through August 

31. For additional regulations regarding 

the Washington recreational lingcod 

fishery, see paragraph (c)(1)(iii) of this 

section. Coordinates for the boundary 

line approximating the 30-fm (55-m) 

depth contour are listed in § 660.71. 

(ii) Rockfish. In areas of the EEZ 

seaward of Washington that are open to 

recreational groundfish fishing, there is 

a 10 rockfish per day bag limit. Taking 

and retaining canary rockfish and 

yelloweye rockfish is prohibited. 

(iii) Lingcod. In areas of the EEZ 

seaward of Washington that are open to 

recreational groundfish fishing and 

when the recreational season for lingcod 

is open, there is a bag limit of 2 lingcod 

per day, which may be no smaller than 

22 in (56 cm) total length. The 

recreational fishing season for lingcod is 

open as follows: 

(A) Between the U.S./Canada border 

to 48°10′ N. lat. (Cape Alava) 

(Washington Marine Area 4), 


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recreational fishing for lingcod is open, 

for 2009, from April 16 through October 

15, and for 2010, from April 16 through 

October 15. 

(B) Between 48°10′ N. lat. (Cape 

Alava) and 46°16′ N. lat. (Washington/ 

Oregon border) (Washington Marine 

Areas 1–3), recreational fishing for 

lingcod is open for 2009, from March 14 

through October 17, and for 2010, from 

March 13 through October 16. 

(2) Oregon —(i) Recreational 

Groundfish Conservation Areas off 

Oregon—(A) Stonewall Bank Yelloweye 

Rockfish Conservation Area. 

Recreational fishing for groundfish and 

halibut is prohibited within the 

Stonewall Bank YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land groundfish taken 

with recreational gear within the 

Stonewall Bank YRCA.A vessel fishing 

in the Stonewall Bank YRCA may not be 

in possession of any groundfish. 

Recreational vessels may transit through 

the Stonewall Bank YRCA with or 

without groundfish on board. The 

Stonewall Bank YRCA is defined by 

latitude and longitude coordinates 

specified at § 660.70, subpart C. 

(B) Recreational rockfish conservation 

area. Fishing for groundfish with 

recreational gear is prohibited within 

the recreational RCA, a type of closed 

area or GCA. It is unlawful to take and 

retain, possess, or land groundfish taken 

with recreational gear within the 

recreational RCA. A vessel fishing in the 

recreational RCA may not be in 

possession of any groundfish. [For 

example, if a vessel fishes in the 

recreational salmon fishery within the 

RCA, the vessel cannot be in possession 

of groundfish while in the RCA. The 

vessel may, however, on the same trip 

fish for and retain groundfish shoreward 

of the RCA on the return trip to port.] 

Off Oregon, from April 1 through 

September 30, recreational fishing for 

groundfish is prohibited seaward of a 

recreational RCA boundary line 

approximating the 40 fm (73 m) depth 

contour. Coordinates for the boundary 

line approximating the 40 fm (73 m) 

depth contour are listed at § 660.71. 

(C) Essential fish habitat conservation 

areas. The Essential Fish Habitat 

Conservation Areas (EFHCAs) are closed 

areas, defined by specific latitude and 

longitude coordinates at §§ 660.76 

through 660.79, where specified types of 

fishing are prohibited. Prohibitions 

applying to specific EFHCAs are found 

at § 660.12. 

(ii) Seasons. Recreational fishing for 

groundfish is open from January 1 

through December 31, subject to the 

closed areas described in paragraph (c) 

of this section. 

(iii) Bag limits, size limits. The bag 

limits for each person engaged in 

recreational fishing in the EEZ seaward 

of Oregon are three lingcod per day, 

which may be no smaller than 22 in (56 

cm) total length; and 10 marine fish per 

day, which excludes Pacific halibut, 

salmonids, tuna, perch species, 

sturgeon, sanddabs, flatfish, lingcod, 

striped bass, hybrid bass, offshore 

pelagic species and baitfish (herring, 

smelt, anchovies and sardines), but 

which includes rockfish, greenling, 

cabezon and other groundfish species. 

The bag limit for all flatfish is 25 fish 

per day, which excludes Pacific halibut, 

but which includes all soles, flounders 

and Pacific sanddabs. In the Pacific 

halibut fisheries, retention of groundfish 

is governed in part by annual 

management measures for Pacific 

halibut fisheries, which are published in 

the Federal Register. Between the 

Oregon border with Washington and 

Cape Falcon, when Pacific halibut are 

onboard the vessel, groundfish may not 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod. 

Between Cape Falcon and Humbug 

Mountain, during days open to the 

Oregon Central Coast ‘‘all-depth’’ sport 

halibut fishery, when Pacific halibut are 

onboard the vessel, no groundfish may 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod. 

‘‘All-depth’’ season days are established 

in the annual management measures for 

Pacific halibut fisheries, which are 

published in the Federal Register and 

are announced on the NMFS halibut 

hotline, 1–800–662–9825. The 

minimum size limit for cabezon 

retained in the recreational fishery is 16- 

in (41-cm), and for greenling is 10-in 

(26-cm). Taking and retaining canary 

rockfish and yelloweye rockfish is 

prohibited at all times and in all areas. 

(3) California. Seaward of California, 

California law provides that, in times 

and areas when the recreational fishery 

is open, there is a 20-fish bag limit for 

all species of finfish, within which no 

more than 10 fish of any one species 

may be taken or possessed by any one 

person. [Note: There are some 

exceptions to this rule. The following 

groundfish species are not subject to a 

bag limit: Petrale sole, Pacific sanddab 

and starry flounder.] For groundfish 

species not specifically mentioned in 

this paragraph, fishers are subject to the 

overall 20-fish bag limit for all species 

of finfish and the depth restrictions at 

paragraph (c)(3)(i) of this section. 

Recreational spearfishing for all 

federally-managed groundfish, except 

lingcod during January, February, 

March, and December, is exempt from 

closed areas and seasons, consistent 

with Title 14 of the California Code of 

Regulations. This exemption applies 

only to recreational vessels and divers 

provided no other fishing gear, except 

spearfishing gear, is on board the vessel. 

California state law may provide 

regulations similar to Federal 

regulations for the following statemanaged species: Ocean whitefish, 

California sheephead, and all greenlings 

of the genus Hexagrammos. Kelp 

greenling is the only federally-managed 

greenling. Retention of cowcod, 

yelloweye rockfish, and canary rockfish 

is prohibited in the recreational fishery 

seaward of California all year in all 

areas. For each person engaged in 

recreational fishing in the EEZ seaward 

of California, the following closed areas, 

seasons, bag limits, and size limits 

apply: 

(i) Recreational groundfish 

conservation areas off California. A 

Groundfish Conservation Area (GCA), a 

type of closed area, is a geographic area 

defined by coordinates expressed in 

degrees latitude and longitude. The 

following GCAs apply to participants in 

California’s recreational fishery. 

(A) Recreational rockfish conservation 

areas. The recreational RCAs are areas 

that are closed to recreational fishing for 

groundfish. Fishing for groundfish with 

recreational gear is prohibited within 

the recreational RCA, except that 

recreational fishing for ‘‘other flatfish’’ is 

permitted within the recreational RCA 

as specified in paragraph (c)(3)(iv) of 

this section. It is unlawful to take and 

retain, possess, or land groundfish taken 

with recreational gear within the 

recreational RCA, unless otherwise 

authorized in this section. A vessel 

fishing in the recreational RCA may not 

be in possession of any species 

prohibited by the restrictions that apply 

within the recreational RCA. [For 

example, if a vessel fishes in the 

recreational salmon fishery within the 

RCA, the vessel cannot be in possession 

of rockfish while in the RCA. The vessel 

may, however, on the same trip fish for 

and retain rockfish shoreward of the 

RCA on the return trip to port.] 

(1) Between 42° N. lat. (California/ 

Oregon border) and 40°10.00′ N. lat. 

(North Region), recreational fishing for 

all groundfish (except ‘‘other flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is prohibited seaward of the 20- 

fm (37-m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from May 15 

through September 15; and is closed 

entirely from January 1 through May 14 

and from September 16 through 

December 31 (i.e., prohibited seaward of 

the shoreline). 


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(2) Between 40°10′ N. lat. and 

38°57.50′ N. lat. (North-Central North of 

Point Arena Region), recreational 

fishing for all groundfish (except ‘‘other 

flatfish’’ as specified in paragraph 

(c)(3)(iv) of this section) is prohibited 

seaward of the 20-fm (37-m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from May 15 through August 15; and is 

closed entirely from January 1 through 

May 14 and from August 16 through 

December 31 (i.e., prohibited seaward of 

the shoreline). 

(3) Between 38°57.50′ N. lat. and 

37°11′ N. lat. (North-Central South of 

Point Arena Region), recreational 

fishing for all groundfish (except ‘‘other 

flatfish’’ as specified in paragraph 

(c)(3)(iv) of this section) is prohibited 

seaward of the boundary line 

approximating the 30-fm (55-m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from June 13 through October 31; and is 

closed entirely from January 1 through 

June 12 and from November 1 through 

December 31 (i.e., prohibited seaward of 

the shoreline). Closures around the 

Farallon Islands (see paragraph 

(c)(3)(i)(C) of this section) and Cordell 

Banks (see paragraph (c)(3)(i)(D) of this 

section) also apply in this area. 

Coordinates for the boundary line 

approximating the 30-fm (55-m) depth 

contour are listed in § 660.71. 

(4) Between 37°11′ N. lat. and 36° N. 

lat. (Monterey South-Central Region), 

recreational fishing for all groundfish 

(except ‘‘other flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

prohibited seaward of a boundary line 

approximating the 40-fm (73-m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from May 1 through November 15; and 

is closed entirely from January 1 

through April 30 and from November 16 

through December 31 (i.e., prohibited 

seaward of the shoreline). Coordinates 

for the boundary line approximating the 

40-fm (73-m) depth contour are 

specified in § 660.71. 

(5) Between 36° N. lat. and 34°27′ N. 

lat. (Morro Bay South-Central Region), 

recreational fishing for all groundfish 

(except ‘‘other flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

prohibited seaward of a boundary line 

approximating the 40-fm (73-m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from May 1 through November 15; and 

is closed entirely from January 1 

through April 30 and from November 16 

through December 31 (i.e., prohibited 

seaward of the shoreline). Coordinates 

for the boundary line approximating the 

40-fm (73-m) depth contour are 

specified in § 660.71. 

(6) South of 34°27′ N. lat. (South 

Region), recreational fishing for all 

groundfish (except California 

scorpionfish as specified below in this 

paragraph and in paragraph (v) of this 

section and ‘‘other flatfish’’ as specified 

in paragraph (c)(3)(iv) of this section) is 

prohibited seaward of a boundary line 

approximating the 60-fm (110-m) depth 

contour from March 1 through 

December 31 along the mainland coast 

and along islands and offshore 

seamounts, except in the CCAs where 

fishing is prohibited seaward of the 20- 

fm (37-m) depth contour when the 

fishing season is open (see paragraph 

(c)(3)(i)(B) of this section). Recreational 

fishing for all groundfish (except 

California scorpionfish and ‘‘other 

flatfish’’) is closed entirely from January 

1 through February 28 (i.e., prohibited 

seaward of the shoreline). Recreational 

fishing for California scorpionfish south 

of 34°27′ N. lat. is prohibited seaward of 

a boundary line approximating the 40- 

fm (73-m) depth contour from January 1 

through February 28, and seaward of the 

60-fm (110-m) depth contour from 

March 1 through December 31, except in 

the CCAs where fishing is prohibited 

seaward of the 20-fm (37-m) depth 

contour when the fishing season is 

open. Coordinates for the boundary line 

approximating the 40-fm (73-m) and 60- 

fm (110-m) depth contours are specified 

in §§ 660.71 and 660.72. 

(B) Cowcod conservation areas. The 

latitude and longitude coordinates of 

the Cowcod Conservation Areas (CCAs) 

boundaries are specified at § 660.70, 

subpart C. In general, recreational 

fishing for all groundfish is prohibited 

within the CCAs, except that fishing for 

‘‘other flatfish’’ is permitted within the 

CCAs as specified in paragraph (c)(3)(iv) 

of this section. However, recreational 

fishing for the following species is 

permitted shoreward of the 20 fm (37 m) 

depth contour when the season for those 

species is open south of 34°27′ N. lat.: 

Minor nearshore rockfish, cabezon, kelp 

greenling, lingcod, California 

scorpionfish, and ‘‘other flatfish’’ 

(subject to gear requirements at 

paragraph (c)(3)(iv) of this section 

during January–February). [Note: 

California state regulations also permit 

recreational fishing for California 

sheephead, ocean whitefish, and all 

greenlings of the genus Hexagrammos 

shoreward of the 20 fm (37 m) depth 

contour in the CCAs when the season 

for the RCG complex is open south of 

34°27′ N. lat.] It is unlawful to take and 

retain, possess, or land groundfish 

within the CCAs, except for species 

authorized in this section. 

(C) Farallon islands. Under California 

state law, recreational fishing for 

groundfish is prohibited between the 

shoreline and the 10–fm (18–m) depth 

contour around the Farallon Islands, 

except that recreational fishing for 

‘‘other flatfish’’ is permitted around the 

Farallon Islands as specified in 

paragraph (c)(3)(iv) of this section. 

(Note: California state regulations also 

prohibit the retention of other 

greenlings of the genus Hexagrammos, 

California sheephead and ocean 

whitefish.) For a definition of the 

Farallon Islands, see § 660.70, subpart C. 

(D) Cordell banks. Recreational 

fishing for groundfish is prohibited in 

waters less than 100 fm (183 m) around 

Cordell Banks as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C, except that 

recreational fishing for ‘‘other flatfish’’ is 

permitted around Cordell Banks as 

specified in paragraph (c)(3)(iv) of this 

section. [Note: California state 

regulations also prohibit fishing for all 

greenlings of the genus Hexagrammos, 

California sheephead and ocean 

whitefish.] 

(E) Point St. George Yelloweye 

Rockfish Conservation Area (YRCA). 

Recreational fishing for groundfish is 

prohibited within the Point St. George 

YRCA, as defined by latitude and 

longitude coordinates at § 660.70, 

subpart C, on dates when the closure is 

in effect. The closure is not in effect at 

this time, and recreational fishing for 

groundfish is open within the Point St. 

George YRCA from January 1 through 

December 31. This closure may be 

imposed through inseason adjustment. 

(F) South Reef YRCA. Recreational 

fishing for groundfish is prohibited 

within the South Reef YRCA, as defined 

by latitude and longitude coordinates at 

§ 660.70, subpart C, on dates when the 

closure is in effect. The closure is not in 

effect at this time, and recreational 

fishing for groundfish is open within the 

South Reef YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. 

(G) Reading Rock YRCA. Recreational 

fishing for groundfish is prohibited 

within the Reading Rock YRCA, as 

defined by latitude and longitude 

coordinates at § 660.70, subpart C, on 

dates when the closure is in effect. The 

closure is not in effect at this time, and 

recreational fishing for groundfish is 

open within the Reading Rock YRCA 

from January 1 through December 31. 

This closure may be imposed through 

inseason adjustment. 

(H) Point Delgada (North) YRCA. 

Recreational fishing for groundfish is 

prohibited within the Point Delgada 


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(North) YRCA, as defined by latitude 

and longitude coordinates at § 660.70, 

subpart C, on dates when the closure is 

in effect. The closure is not in effect at 

this time, and recreational fishing for 

groundfish is open within the Point 

Delgada (North) YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. 

(I) Point Delgada (South) YRCA. 

Recreational fishing for groundfish is 

prohibited within the Point Delgada 

(South) YRCA, as defined by latitude 

and longitude coordinates at § 660.70, 

subpart C, on dates when the closure is 

in effect. The closure is not in effect at 

this time, and recreational fishing for 

groundfish is open within the Point 

Delgada (South) YRCA from January 1 

through December 31. This closure may 

be imposed through inseason 

adjustment. 

(J) Essential fish habitat conservation 

areas. The Essential Fish Habitat 

Conservation Areas (EFHCAs) are closed 

areas, defined by specific latitude and 

longitude coordinates at §§ 660.76 

through 660.79, subpart C where 

specified types of fishing are prohibited. 

Prohibitions applying to specific 

EFHCAs are found at § 660.12, subpart 

C. 

(ii) RCG complex. The California 

rockfish, cabezon, greenling complex 

(RCG Complex), as defined in state 

regulations (Section 1.91, Title 14, 

California Code of Regulations), 

includes all rockfish, kelp greenling, 

rock greenling, and cabezon. This 

category does not include California 

scorpionfish, also known as ‘‘sculpin’’. 

(A) Seasons. When recreational 

fishing for the RCG complex is open, it 

is permitted only outside of the 

recreational RCAs described in 

paragraph (c)(3)(i) of this section. 

(1) Between 42° N. lat. (California/ 

Oregon border) and 40°10′ N. lat. (North 

Region), recreational fishing for the RCG 

complex is open from May 15 through 

September 15 (i.e., it’s closed from 

January 1 through May 14 and from 

September 16 through December 31). 

(2) Between 40°10′ N. lat. and 

38°57.50′ N. lat. (North Central North of 

Point Arena Region), recreational 

fishing for the RCG Complex is open 

from May 15 through August 15 (i.e., it’s 

closed from January 1 through May 14 

and May 16 through December 31). 

(3) Between 38°57.50′ N. lat. and 

37°11′ N. lat. (North Central South of 

Point Arena Region), recreational 

fishing for the RCG complex is open 

from June 13 through October 31 (i.e., 

it’s closed from January 1 through June 

12 and November 1 through December 

31). 

(4) Between 37°11′ N. lat. and 36° N. 

lat. (Monterey South-Central Region), 

recreational fishing for the RCG 

complex is open from May 1 through 

November 15 (i.e., it’s closed from 

January 1 through April 30 and from 

November 16 through December 31). 

(5) Between 36′ N. lat. and 34°27′ N. 

lat. (Morro Bay South-Central Region), 

recreational fishing for the RCG 

Complex is open from May 1 through 

November 15 (i.e., it’s closed from 

January 1 through April 30 and from 

November 16 through December 31). 

(6) South of 34°27′ N. lat. (South 

Region), recreational fishing for the RCG 

Complex is open from March 1 through 

December 31 (i.e., it’s closed from 

January 1 through February 28). 

(B) Bag limits, hook limits. In times 

and areas when the recreational season 

for the RCG Complex is open, there is 

a limit of 2 hooks and 1 line when 

fishing for rockfish. The bag limit is 10 

RCG Complex fish per day coastwide. 

Retention of canary rockfish, yelloweye 

rockfish, bronzespotted and cowcod is 

prohibited. Within the 10 RCG Complex 

fish per day limit, no more than 2 may 

be bocaccio, no more than 2 may be 

greenling (kelp and/or other greenlings) 

and no more than 2 may be cabezon. 

Multi-day limits are authorized by a 

valid permit issued by California and 

must not exceed the daily limit 

multiplied by the number of days in the 

fishing trip. 

(C) Size limits. The following size 

limits apply: bocaccio may be no 

smaller than 10 in (25 cm) total length; 

cabezon may be no smaller than 15 in 

(38 cm) total length; and kelp and other 

greenling may be no smaller than 12 in 

(30 cm) total length. 

(D) Dressing/filleting. Cabezon, kelp 

greenling, and rock greenling taken in 

the recreational fishery may not be 

filleted at sea. Rockfish skin may not be 

removed when filleting or otherwise 

dressing rockfish taken in the 

recreational fishery. The following 

rockfish filet size limits apply: bocaccio 

filets may be no smaller than 5 in (12.8 

cm) and brown-skinned rockfish fillets 

may be no smaller than 6.5 in (16.6 cm). 

‘‘Brown-skinned’’ rockfish include the 

following species: brown, calico, 

copper, gopher, kelp, olive, speckled, 

squarespot, and yellowtail. 

(iii) Lingcod —(A) Seasons. When 

recreational fishing for lingcod is open, 

it is permitted only outside of the 

recreational RCAs described in 

paragraph (c)(3)(i) of this section. 

(1) Between 42° N. lat. (California/ 

Oregon border) and 40°10.00′ N. lat. 

(North Region), recreational fishing for 

lingcod is open from May 15 through 

September 15 (i.e., it’s closed from 

January 1 through May 14 and from 

September 16 through December 31). 

(2) Between 40°10′ N. lat. and 

38°57.50′ N. lat. (North Central North of 

Point Arena Region), recreational 

fishing for lingcod is open from May 15 

through August 15 (i.e., it’s closed from 

January 1 through May 14 and May 16 

through December 31). 

(3) Between 38°57.50′ N. lat. and 

37°11′ N. lat. (North Central South of 

Point Arena Region), recreational 

fishing for lingcod is open from June 13 

through October 31 (i.e., it’s closed from 

January 1 through June 12 and 

November 1 through December 31). 

(4) Between 37°11′ N. lat. and 36° N. 

lat. (Monterey South-Central Region), 

recreational fishing for lingcod is open 

from May 1 through November 15 (i.e., 

it’s closed from January 1 through April 

30 and from November 16 through 

December 31). 

(5) Between 36′ N. lat. and 34°27′ N. 

lat. (Morro Bay South-Central Region), 

recreational fishing for lingcod is open 

from May 1 through November 15 (i.e., 

it’s closed from January 1 through April 

30 and from November 16 through 

December 31). 

(6) South of 34°27′ N. lat. (South 

Region), recreational fishing for lingcod 

is open from April 1 through November 

30 (i.e., it’s closed from January 1 

through March 31 and from December 1 

through 31). 

(B) Bag limits, hook limits. In times 

and areas when the recreational season 

for lingcod is open, there is a limit of 

2 hooks and 1 line when fishing for 

lingcod. The bag limit is 2 lingcod per 

day. Multi-day limits are authorized by 

a valid permit issued by California and 

must not exceed the daily limit 

multiplied by the number of days in the 

fishing trip. 

(C) Size limits. Lingcod may be no 

smaller than 24 in (61 cm) total length. 

(D) Dressing/filleting. Lingcod filets 

may be no smaller than 16 in (41 cm) 

in length. 

(iv) ‘‘Other flatfish’’. Coastwide off 

California, recreational fishing for ‘‘other 

flatfish’’ is permitted both shoreward of 

and within the closed areas described in 

paragraph (c)(3)(i) of this section. ‘‘Other 

flatfish’’ are defined at § 660.11, subpart 

C, and include butter sole, curlfin sole, 

flathead sole, Pacific sanddab, rex sole, 

rock sole, and sand sole. Recreational 

fishing for ‘‘other flatfish’’ is permitted 

within the closed areas. ‘‘Other flatfish,’’ 

except Pacific sanddab, are subject to 

the overall 20-fish bag limit for all 

species of finfish, of which there may be 

no more than 10 fish of any one species. 

There is no season restriction or size 

limit for ‘‘other flatfish;’’ however, it is 

prohibited to filet ‘‘other flatfish’’ at sea. 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS2
33098 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Proposed Rules 

(v) California scorpionfish. California 

scorpionfish predominately occur south 

of 40°10′ N. lat. 

(A) Seasons. When recreational 

fishing for California scorpionfish is 

open, it is permitted only outside of the 

recreational RCAs described in 

paragraph (c)(3)(i) of this section. 

(1) Between 40°10′ N. lat. and 37°11′ 

N. lat. (North Central Region), 

recreational fishing for California 

scorpionfish is open from June 1 

through November 30 (i.e., it’s closed 

from January 1 through May 31 and 

from December 1 through December 31). 

(2) Between 37°11′ N. lat. and 36° N. 

lat. (Monterey South Central Region), 

recreational fishing for California 

scorpionfish is open from May 1 

through November 30 (i.e., it’s closed 

from January 1 through April 30 and 

from December 1 through December 31). 

(3) Between 36° N. lat. and 34°27′ N. 

lat. (Morro Bay South Central Region), 

recreational fishing for California 

scorpionfish is open from May 1 

through November 30 (i.e., it’s closed 

from January 1 through April 30 and 

from December 1 through December 31). 

(4) South of 34°27′ N. lat. (South 

Region), recreational fishing for 

California scorpionfish is open from 

January 1 through December 31. 

(B) Bag limits, hook limits. South of 

40°10.00′ N. lat., in times and areas 

where the recreational season for 

California scorpionfish is open, the bag 

limit is 5 California scorpionfish per 

day. California scorpionfish do not 

count against the 10 RCG Complex fish 

per day limit. Multi-day limits are 

authorized by a valid permit issued by 

California and must not exceed the daily 

limit multiplied by the number of days 

in the fishing trip. 

(C) Size limits. California scorpionfish 

may be no smaller than 10 in (25 cm) 

total length. 

(D) Dressing/Filleting. California 

scorpionfish filets may be no smaller 

than 5-in (12.8 cm) and must bear an 

intact 1-in (2.6 cm) square patch of skin. 

[FR Doc. 2010–13312 Filed 6–1–10; 4:15 pm] 

BILLING CODE 3510–22–P 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS2