Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2935

After the Area 2A TAC is known, and

after NMFS reviews public comments,

NMFS will implement final rules

governing the sport fisheries. The final

ratio of halibut to chinook to be allowed

as incidental catch in the salmon troll

fishery will be published with the

annual salmon management measures.

Inseason actions in the sport fisheries as

stipulated in this Plan will be

accomplished in accordance with

§ 301.21(d)(4).

[FR Doc. 95–805 Filed 1–9–95; 1:32 pm]

BILLING CODE 3510–22–F

50 CFR Part 676

[Docket No. 941266–4366; I.D. 121594B]

RIN 0648–AG45

Limited Access Management of

Federal Fisheries In and Off of Alaska;

Improve IFQ Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues a proposed rule

to amend portions of the regulations

implementing the Individual Fishing

Quota (IFQ) Program for the Pacific

halibut and sablefish fixed gear fisheries

in and off of Alaska. This action is

necessary because the IFQ Program

needs further refinement prior to

implementation in 1995, and is

intended to improve the ability of

NMFS to manage the halibut and

sablefish fisheries.

DATES: Comments must be received by

February 13, 1995.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, 709 W. 9th Street, Room 453,

Juneau, AK 99801, or P.O. Box 21668,

Juneau, AK 99802, Attention: Lori J.

Gravel. Copies of the Regulatory Impact

Review/Initial Regulatory Flexibility

Analysis (RIR/IRFA) for this action may

be obtained from the above address.

FOR FURTHER INFORMATION CONTACT: John

Lepore, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The IFQ Program is a regulatory

regime designed to promote the

conservation and management of the

halibut and sablefish fisheries, and to

further the objectives of the Magnuson

Fishery Conservation and Management

Act and the Northern Pacific Halibut

Act.

Beginning in 1995, the Pacific halibut

(Hippoglossus stenolepis) and sablefish

(Anoplopoma fimbria) fixed gear

fisheries in the areas defined in 50 CFR

676.10 (b) and (c) will be managed in

accordance with the regulations

codified at 50 CFR part 676. Further

information on the implementation of

this management program, and the

rationale supporting it, is contained in

the preamble to the final rule

implementing the IFQ program

published in the Federal Register,

November 9, 1993 (58 FR 59375).

This action amends various portions

of the regulations implementing the IFQ

Program. Some of the changes are

intended to clarify regulations that may

be ambiguous. Other changes would add

provisions intended to increase the

efficacy of the IFQ program. All the

changes are designed to make the IFQ

Program more responsive to the

conservation and management goals for

the fishery resources.

Geographic Locations of Primary Ports

Geographic location descriptions

would be added to § 676.17(a)(4) for the

listed primary ports where vessel

operators can obtain vessel clearances

from clearing officers. If a vessel is

required to be boarded prior to receiving

clearance, the clearing officer will direct

the person operating that vessel to a

convenient docking facility within a

reasonable distance of the geographic

location provided in the regulations.

When the final rule implemented the

IFQ Program, a portion of the

regulations was specifically reserved for

geographic location descriptions. They

would provide vessel operators with

notification of the approximate

locations where boardings may occur, if

these are deemed necessary by a

clearing officer.

Vessel Clearance in Alaska

Paragraph (a)(5) would be added to

§ 676.17, requiring a vessel operator to

obtain vessel clearance from a clearing

officer located at a primary port in the

State of Alaska before that vessel

operator lands IFQ species in a foreign

port. This requirement would provide

necessary information to NMFS

Enforcement, so that it may thwart the

landing of unreported IFQ species in

foreign ports. This requirement is

especially necessary for the designated

Canadian ports, which are located

between the primary ports of Ketchikan,

AK, and Bellingham, WA. If vessel

operators planning to land at the

designated Canadian ports were

permitted to clear in Bellingham, they

would be able to land unreported fish in

any Canadian port prior to clearing their

vessel in Bellingham. This potential for

nonreporting of IFQ product would be

corrected by requiring vessel clearance

in an Alaskan primary port prior to

landing IFQ species in a foreign port.

Canadian Ports

Paragraph (a)(6) would be added to

§ 676.17, describing Port Hardy, Prince

Rupert, and Vancouver, British

Columbia, as the only Canadian ports

where IFQ species may be landed.

Designating these three ports would

assist NMFS Enforcement in its task of

ensuring that all IFQ species landed are

properly recorded. Two issues, the

multiplicity of ports on the coast of

Canada that will not have enforcement

presence, and the similarity between the

Canadian Individual Vessel Quota (IVQ)

Program and the U.S. IFQ Program, were

determining factors in limiting the

Canadian landing ports where IFQ

species could be landed to three. Also,

the three-port limit would be similar to

the provisions of the agreement between

the United States and Canada pertaining

to the IVQ Program, under which IVQ

product may be landed only at the

following U.S. ports: Ketchikan, AK;

Bellingham and Blaine, WA.

Definition of Clearing Officer

A definition of ‘‘clearing officer’’

would be added to § 676.11 to mean a

NMFS special agent, a NMFS fishery

enforcement officer, or a NMFS

enforcement aide who is authorized to

provide vessel clearances and perform

other duties as described in part 676. A

clearing officer should not be confused

with an authorized officer, as defined in

§ 620.2 of this title. Changes would be

made throughout part 676 consistent

with the new definition of a clearing

officer. Creating a definition, and using

it throughout the regulations, would

assist in uniform interpretation of the

regulations and consistent behavior

based on that interpretation. Also, the

proposed term would help prevent

confusion with other terms already

defined (e.g., authorized officer).

Landing Requirements

Paragraph (a)(7) would be added to

§ 676.17, requiring a vessel operator

having any IFQ species onboard to land

and weigh all species onboard at the

same time and place as the first landing

of any species onboard. For example, if

a vessel had Pacific halibut (IFQ

species), sablefish (IFQ species), and

Pacific cod (non-IFQ species) onboard,

and the operator wanted to offload the

Pacific cod to a tender, the operator also

would be required to offload and weigh

the Pacific halibut and sablefish. This

provision would ensure that all IFQ
2936 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

species are reported, including IFQ

species that might not be intended for

sale. Requiring all species to be landed

at the same time and place would assist

NMFS Enforcement in this task.

Authorization To Board Vessels and

Verify Landings

Section 676.14(b)(2) would be revised

to allow persons authorized by the

International Pacific Halibut

Commission (IPHC) to sample all IFQ

halibut landings for biological

information. Also, this revision would

authorize clearing officers, authorized

officers, and observers to verify, inspect,

and sample all landings made with IFQ

landings and to board vessels making

IFQ landings. This authorization would

assist NMFS Enforcement in ensuring

that all IFQ species are reported and

would aid persons authorized by the

IPHC to accomplish their task of

obtaining age, length, and other

biological information for Pacific

halibut, one of the IFQ species, by

sampling commercial catch.

Definitions of Catcher Vessel, Freezer

Vessel, and Trip

Definitions in § 676.11 of catcher

vessel, freezer vessel, and trip would be

changed to clarify that the definition of

freezer vessel would be based on the

capacity to freeze or process, similar to

the definition of processor vessel in the

groundfish regulations at 50 CFR 672.2

and 675.2, and not based on whether

freezing or processing occurs during any

given trip. These definition changes

would also eliminate the potential for

vessel operators to begin new trips by

crossing regulatory area boundaries.

Eliminating this potential would require

vessel operators to land any frozen

product onboard, and thereby terminate

the trip, prior to using catcher vessel

IFQ on a freezer vessel. This

requirement would assist in ensuring

that all IFQ product is properly

recorded as having been harvested with

freezer vessel IFQ or catcher vessel IFQ.

Use of Catcher Vessel IFQ on Freezer

Vessels

A provision would be added to

§ 676.22(i)(3) to clarify that vessel

category lengths for vessels using

catcher vessel IFQ specified at

§ 676.20(a)(2) also apply to freezer

vessels using catcher vessel IFQ. This

provision would state specifically what

the Council intended, but what might

not have been apparent, because freezer

vessels were not categorized by length

in the regulations. For example, a

person may only use catcher vessel IFQ

Category C onboard a freezer vessel if

that freezer vessel’s length overall (LOA)

is consistent with LOA categories in

§ 676.20(a)(2)(iii) and the frozen product

requirements in § 676.22(i)(3). Clarifying

the regulations governing the use of

catcher vessel IFQ on freezer vessels is

important, because the definitions of

freezer vessel and catcher vessel would

no longer depend on how a vessel is

used on a particular trip.

Underages and Overages of an IFQ

Account

Paragraph (c) would be added to

§ 676.17 to allow the addition of IFQ

underages to a person’s IFQ account for

the following fishing year. Underages of

up to 10 percent of a person’s annual

IFQ account for the current fishing year

would be added to that person’s annual

IFQ account for the following fishing

year. Any amount of the underage

exceeding 10 percent would expire at

the end of the current fishing year. This

underage provision would be added to

the IFQ Program to encourage persons

not to harvest IFQ species when they are

very close to their annual IFQ account

limit. Allowing unused IFQ to be placed

in the following year’s account is

intended to provide adequate incentive

to encourage this behavior.

Also, revisions to § 676.17(b) would

change overage accounting. Subtracting

overages from a person’s IFQ account

for the following fishing year would

remain as currently provided for in

§ 676.17(b). Added to § 676.17 would be

paragraph (b)(1), which would include

the following two-step test for forfeiture.

First, does a portion of the IFQ species

landed exceed the number of pounds

remaining in the person’s annual IFQ

account? If yes, then does the portion of

the IFQ species landed that exceeds the

annual IFQ account also exceed 10

percent of the total number of pounds

that was remaining in the person’s

annual IFQ account prior to the

landing? If the answer is again yes, the

portion of the IFQ species landed that

exceeded the pounds in a person’s

annual IFQ account would be forfeited.

A new paragraph (a)(2) would allow an

exception to the forfeiture provision if

the IFQ species landed that exceeded

the amount of pounds remaining in a

person’s annual IFQ account was less

than 400 lb (181.4 kg). The IFQ

Implementation Workgroup, made up of

members of the fishing industry selected

by the Council, suggested using the 10

percent threshold for the underage

carryover limit and overage forfeitures,

because that was the percentage used by

the Canadian IVQ fishery. Also, the 400-

lb (181.4 kg) exception was included to

prevent requiring forfeiture when only

one fish was caught. For example, a

person whose account has 150 lb (68

kg), and who catches a 200 lb (90.7 kg)

halibut, would trigger the forfeiture rule

(200 lb (90.7 kg)—150 lb (68 kg)=50 lb

(22.7 kg); 50 lb (22.7 kg) is greater than

10 percent of 150 lb (68 kg)). A 400 lb

(181.4 kg) exception was determined to

be sufficient to accommodate situations

in which large halibut may be

harvested.

Hail Weights for Vessel Clearance

In § 676.17(a), the requirement that a

vessel operator obtaining prelanding

written clearance provide an estimated

weight of IFQ species onboard would be

changed to the requirement that the

vessel operator provide the weight of

IFQ species onboard. This requirement

would apply when a vessel operator is

obtaining vessel clearance in a port in

Alaska prior to departing waters in, or

adjacent to, the State of Alaska and

when a vessel operator is reporting to

the Alaska Region, NMFS, prior to

obtaining vessel clearance at a port in

Washington or another state. Providing

the weight of the IFQ species onboard

would assist NMFS Enforcement in

ensuring that all IFQ species are

reported. Without this requirement, a

vessel operator would be able to land

unreported IFQ species in Canadian

ports prior to making reported landings

elsewhere and there would be

insufficient information to monitor this

occurrence.

Prior Notice of IFQ Landing

A provision would be added to

§ 676.14(a), requiring a vessel operator

to provide the Alaska Region, NMFS,

with vessel identification, the estimated

weight of IFQ species to be landed, and

the IFQ cards that will be used to make

the landing. This information, together

with the name and location of the

registered buyer and the anticipated

date and time of landing, must be

reported no later than 6 hours before

landing IFQ species. Reporting the

above information would provide NMFS

Enforcement with the means necessary

to select the most appropriate vessels

and ports to monitor.

Product Recovery Rates and

Conversion Factors for IFQ Species

Paragraph (c)(3)(i) would be added to

§ 676.22, referencing the appropriate

product recovery rates (PRR) for

sablefish in Table 1 to § 672.20. Also,

paragraph (ii) would be added to

§ 676.22(c)(3), providing the appropriate

conversion factors for Pacific halibut.

Reference to the PRR for sablefish and

the conversion factors for halibut would

be included in the IFQ regulations to

provide information on how deductions

would be made to a person’s annual IFQ
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2937

account. For sablefish, the debited

amount would be the round-weight

equivalent. For halibut, the debited

amount would be the gutted, head-off

weight. Round-weight equivalents and

gutted, head-off weights were used to

determine quota share (QS) amounts for

sablefish and halibut, respectively. They

also were the weights used to determine

annual total allowable catches for those

species.

Registered Buyer Permit

Section 676.13(a)(2) would be revised

to eliminate the requirement that

persons who harvest IFQ species and

transfer those IFQ species outside of an

IFQ regulatory area must hold a

registered buyer permit. In

§ 676.13(a)(2), the current paragraph (ii)

would be removed and paragraph (iii)

would be redesignated as paragraph (ii).

Section 676.13(a)(2) also would be

revised to reflect this change. The

current paragraph (ii) would be

eliminated to avoid the implication that

a registered buyer permit would be

needed to harvest and land IFQ species

at a shore-based processor located in the

State of Alaska, but not located in an

IFQ regulatory area.

Also, as a technical change, the last

word in the first sentence of

§ 676.24(j)(4) would be changed from

‘‘section’’ to ‘‘part.’’

Frameworking for Start of Sablefish

Fishery

Section 676.23(b) would be revised to

allow the Director, Alaska Region,

NMFS (Regional Director), to establish

the start of the IFQ sablefish directed

fishery. Currently, paragraph (b) has a

fixed date for starting the sablefish

directed fishery. Under the framework

provision, the Regional Director would

take into account the opening date of

the Pacific halibut season when

determining the opening date for the

sablefish directed fishing season.

Allowing flexibility in starting the

sablefish directed fishery would permit

its coordination with the start of the

halibut fishery, which is determined by

the IPHC. Starting the sablefish and

halibut seasons concurrently would

benefit persons who harvest IFQ

species, as well as the fishery resources.

Persons who harvest IFQ species would

benefit economically, because they

would be able to retain both species,

rather than having to discard one

species because its season was closed.

Also, the fisheries under the IFQ

Program would benefit because

regulatory discards, and resulting

mortality caused by those discards,

would be reduced.

Classification

An IRFA was prepared for this rule

that described and estimated the total

number of small entities affected, and

analyzed the economic impact on those

small entities of the vessel clearance,

Canadian port changes, and offloading

requirements. It is estimated that more

than 20 percent of the 7,200 vessel/

owners involved in the IFQ Program

will be affected by these changes, which

would increase compliance costs. Based

on these analyses, it was determined

that this action would, if adopted, have

a significant economic impact on a

substantial number of small entities.

Copies of the IRFA can be obtained from

NMFS (see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

Fisheries, Reporting and

recordkeeping requirements.

Dated: January 6, 1995.

Charles Karnella,

Acting Program Management Officer,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 676 is proposed

to be amended as follows:

PART 676—LIMITED ACCESS

MANAGEMENT OF FEDERAL

FISHERIES IN AND OFF OF ALASKA

1. The authority citation for 50 CFR

part 676 continues to read as follows:

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

et seq.

2. Section 676.11 is amended by

revising the definitions of ‘‘Catcher

vessel’’, ‘‘Freezer vessel’’, and ‘‘Trip’’;

and by adding the definition of

‘‘Clearing officer’’ to read as follows:

§ 676.11 Definitions.

* * * * *

Catcher vessel, as used in this part,

means any vessel that is used to catch,

take, or harvest fish that are

subsequently iced, headed, gutted, bled,

or otherwise retained as fresh, unfrozen,

fish onboard.

Clearing officer means a NMFS

special agent, a NMFS fishery

enforcement officer, or a NMFS

enforcement aide who performs the

function of clearing vessels at one of the

primary ports listed in § 676.17(a)(4).

* * * * *

Freezer vessel means any vessel that

can be used to process some or all of its

catch.

* * * * *

Trip, as used in this part, means the

period beginning when a vessel operator

commences harvesting IFQ species and

ending when the vessel operator lands

any species.

3. Section 676.13 is amended by

revising the first sentence of (a)(2)

introductory text, paragraphs (f)(1), and

(f)(2); by removing paragraph (a)(2)(ii),

and by redesignating paragraph

(a)(2)(iii) as paragraph (a)(2)(ii); and

amending paragraph (a)(2)(i) by adding

the word ‘‘or’’ to the end of the phrase

to read as follows:

§ 676.13 Permits.

(a) * * *

(2) Any person who receives IFQ

halibut or IFQ sablefish from person(s)

that harvested the fish must possess a

registered buyer permit, except under

conditions of paragraph (a)(2)(i) and (ii)

of this section. * * *

* * * * *

(f) * * * (1) A legible copy of any IFQ

permit issued under this section must

be carried onboard the vessel used by

the permitted person to harvest IFQ

halibut or IFQ sablefish at all times that

such fish are retained onboard. Except

as specified in § 676.22(d), an

individual who is issued an IFQ card

must remain onboard the vessel used to

harvest IFQ halibut or IFQ sablefish

with that card until all such fish are

landed, and must present a copy of the

IFQ permit and the original IFQ card for

inspection on request of any authorized

officer, clearing officer, or registered

buyer purchasing IFQ species.

(2) A legible copy of the registered

buyer permit must be present at the

location of an IFQ landing, and must be

made available for inspection on request

of any authorized officer or clearing

officer.

* * * * *

4. Section 676.14 is amended by

revising paragraphs (a), (b)(1), (b)(2), (e),

and (f) to read as follows:

§ 676.14 Recordkeeping and reporting.

* * * * *

(a) Prior notice of IFQ landings. The

operator of any vessel that makes an IFQ

landing must notify the Alaska Region,

NMFS, no later than 6 hours before

landing IFQ halibut or IFQ sablefish,

unless permission to commence an IFQ

landing within 6 hours of notification is

granted by a clearing officer. Such

notification of IFQ landings must be

made to the toll-free telephone number

specified on the IFQ permit between the

hours of 0600 and 2400 Alaska local

time. The notification must include the

name and location of the registered

buyer(s) to whom the IFQ halibut or IFQ

sablefish will be landed, the estimated

weight of the IFQ halibut or IFQ

sablefish that will be landed and the
2938 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

identification number(s) of the IFQ

card(s) that will be used to land the IFQ

halibut or IFQ sablefish and the

anticipated date and time of the landing.

(b) * * *

(1) IFQ landings may be made only

between the hours of 0600 and 1800

Alaska local time unless permission to

land at a different time is granted in

advance by a clearing officer. An IFQ

landing may continue after this time

period, if it was started during the

period.

(2) All vessels making IFQ landings,

and the landings made by those vessels,

are subject to verification, inspection,

and sampling by authorized officers,

clearing officers, and observers. Also, all

IFQ halibut landings are subject to

sampling for biological information by

persons authorized by the IPHC.

* * * * *

(e) Transshipment. No person may

transship processed IFQ halibut or

processed IFQ sablefish between vessels

without providing at least 24 hours

advance notification to a clearing officer

that such transshipment will occur. No

person may transship processed IFQ

halibut or IFQ sablefish between vessels

at any location not authorized by a

clearing officer.

(f) A copy of all reports and receipts

required by this section must be

retained by registered buyers and be

available for inspection by an

authorized officer or a clearing officer

for a period of 3 years.

5. Section 676.17 is amended by

revising paragraphs (a) introductory

text, (a)(4), and (b), and by adding

paragraphs (a) (5) through (7) and (c) to

read as follows:

§ 676.17 Facilitation of enforcement and

monitoring.

* * * * *

(a) Vessel Clearance. Any person who

makes an IFQ landing at any location

other than in an IFQ regulatory area or

in the State of Alaska must obtain

prelanding written clearance of the

vessel on which the IFQ halibut or IFQ

sablefish are transported to the IFQ

landing location, and provide the

weight of IFQ halibut or IFQ sablefish

onboard to the clearing officer. For

vessels obtaining clearance at a port in

the State of Alaska, clearance must be

obtained prior to departing waters in or

adjacent to the State of Alaska. For

vessels obtaining clearance at a port in

the State of Washington or another state,

the weight of the IFQ halibut or IFQ

sablefish onboard and the intended date

and time the vessel will obtain

clearance at the port in the State of

Washington or another state must be

reported to NMFS, Alaska Region. Such

reports must be submitted prior to

departing waters in, or adjacent to, the

State of Alaska, and in accordance with

the terms of the registered buyer permit.

* * * * *

(4) Unless specifically authorized on

a case-by-case basis, vessel clearances

will be issued only by clearing officers

at the following primary ports:

Port North latitude West longitude

Akutan ............................................................................................................................................................... 54°08′05′′ 165°46′20′

Bellingham ........................................................................................................................................................ 48°45′04′′ 122°30′02′′

Cordova ............................................................................................................................................................. 60°33′00′′ 145°45′00′′

Craig .................................................................................................................................................................. 55°28′30′′ 133°09′00′′

Dutch Harbor/Unalaska ..................................................................................................................................... 53°53′27′′ 166°32′05′′

Excursion Inlet .................................................................................................................................................. 58°25′′00′ 135°26′30′′

Homer ............................................................................................................................................................... 59°38′40′′ 151°33′00′′

Ketchikan .......................................................................................................................................................... 55°20′30′′ 131°38′45′′

King Cove ......................................................................................................................................................... 55°03′20′′ 162°19′00′′

Kodiak ............................................................................................................................................................... 57°47′20′′ 152°24′10′′

Pelican .............................................................................................................................................................. 57°57′30′′ 136°13′30′′

Petersburg ......................................................................................................................................................... 56°48′10′′ 132°58′00′′

St. Paul ............................................................................................................................................................. 57°07′20′′ 170°16′30′′

Sand Point ........................................................................................................................................................ 55°20′15′′ 160°30′00′′

Seward .............................................................................................................................................................. 60°06′30′′ 149°2630′′

Sitka .................................................................................................................................................................. 57°03′ 135°20′

Yakutat .............................................................................................................................................................. 59°33′ 139°44′

(5) A vessel operator who lands IFQ

species in a foreign port must first

obtain vessel clearance from a clearing

officer located at a primary port in the

State of Alaska.

(6) No person shall land IFQ species

in Canada at a port other than ports of

Port Hardy, Prince Rupert, or

Vancouver, British Columbia.

(7) A vessel operator must land and

report all IFQ species onboard at the

same time and place as the first landing

of any species harvested during a

fishing trip.

(b) Overages. Any person who

harvests IFQ halibut or IFQ sablefish

must hold sufficient unused IFQ for the

harvest before beginning a fishing trip

and must not harvest halibut or

sablefish using fixed gear in any amount

greater than the amount indicated under

that person’s current IFQ permit. Any

IFQ halibut or IFQ sablefish harvested

or landed in excess of a specified IFQ

will be considered an ‘‘IFQ overage.’’

The Regional Director will deduct an

amount equal to the overage from the

IFQ allocated in the year following the

determination of the overage. An

overage deduction will be specific to

each IFQ regulatory area for which an

IFQ is calculated, and will apply to any

person to whom the affected IFQ is

allocated in the year following

determination of an overage.

Furthermore, penalties may be assessed

pursuant to 15 CFR part 904 for

exceeding an annual IFQ account.

(1) In addition to penalties that may

be assessed for exceeding an annual IFQ

account, the portion of the IFQ species

landed that exceeds 10 percent of the

total amount of pounds remaining in a

person’s annual IFQ account prior to a

landing will be subject to forfeiture.

(2) An exception is granted to the

forfeiture provision in paragraph (b)(1)

of this section, if the portion of the

landed IFQ species that exceeds the

annual IFQ account is less than 400 lb

(181.4 kg).

(c) Underages. Underages of up to 10

percent of a person’s total annual IFQ

account for a current fishing year will be

added to that person’s annual IFQ

account in the year following

determination of the underage. This

adjustment to the annual IFQ allocation

will be specific to each IFQ regulatory

area for which an IFQ is calculated, and

will apply to any person to whom the

affected IFQ is allocated in the year

following determination of an underage.

6. Section 676.22 is amended by

adding paragraphs (c)(3)(i) and (c)(3)(ii),
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2939

and by revising paragraph (i)(3) to read

as follows:

§ 676.22 Limitations on the use of QS and

IFQ.

* * * * *

(c) * * *

(3) * * *

(i) The amount of sablefish to be

reported to NMFS for debit from an IFQ

account will be the round-weight

equivalent determined by dividing the

initial accurate scale weight of the

sablefish product obtained at time of

landing by the standard product

recovery rates for sablefish in Table 1 to

§ 672.20 of this chapter.

(ii) The amount of halibut to be

reported to NMFS for debit from an IFQ

account will be the gutted, head-off

weight determined by multiplying the

initial accurate scale weight of the

halibut obtained at the time of landing

by the following conversion factors:

Product

code Product description

Conversion

factor

01 ......... Whole fish ................... 0.75

04 ......... Gutted, head on ......... 0.90

05 ......... Gutted, head off ......... 1.00

* * * * *

(i) * * *

(3) Catcher vessel IFQ may be used on

a freezer vessel, provided that the length

of the freezer vessel using the catcher

vessel IFQ is consistent with the vessel

category of the catcher vessel IFQ, as

specified at § 676.20(a)(2)(ii) through

(iv), and no frozen or otherwise

processed fish products are onboard at

any time during a fishing trip on which

catcher vessel IFQ is being used. A

vessel using catcher vessel IFQ may not

land any IFQ species as frozen or

otherwise processed product. Processing

of fish on the same vessel that harvested

those fish using catcher vessel IFQ is

prohibited.

* * * * *

7. Section 676.23 is amended by

revising paragraph (b) to read as follows:

§ 676.23 IFQ fishing season.

* * * * *

(b) Directed fishing for sablefish using

fixed gear in any IFQ regulatory area

may be conducted in any fishing year

during the period specified by the

Regional Director through notification

published in the Federal Register. The

Regional Director will take into account

the opening date of the Pacific halibut

season when determining the opening

date for sablefish for the purposes of

reducing bycatch and regulatory

discards between the two fisheries.

Catches of sablefish by fixed gear during

other periods may be retained up to the

directed fishing standards specified at

§§ 672.20(g) and 675.20(h) of this

chapter if an individual is onboard

when the catch is made who has a valid

IFQ card and unused IFQ in the account

on which the card was issued. Catches

of sablefish in excess of the directed

fishing standards and catches made

without IFQ must be treated in the same

manner as prohibited species.

8. Section 676.24 is amended by

revising paragraph (j)(4) to read as

follows:

§ 676.24 Western Alaska Community

Development Quota Program.

* * * * *

(j) * * *

(4) No person may alter, erase, or

mutilate a CDQ permit, card, registered

buyer permit, or any valid and current

permit or document issued under this

part. Any such permit, card, or

document that has been intentionally

altered, erased, or mutilated will be

invalid.

* * * * *

[FR Doc. 95–797 Filed 1–11–95; 8:45 am]

BILLING CODE 3510–22–W