24750 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

accessible to users of NII/SUPERNet

devices.

5. The NPRM proposes a basic ‘‘listenbefore-talk’’ interim etiquette similar to

that established for unlicensed Data-PCS

devices in order to expedite the

development and introduction of NII/

SUPERNet devices. However, the

Commission encourages industry to

develop any additional etiquette

protocols that would increase spectrum

efficiency and facilitate equal access to

the spectrum by a variety of devices.

Specifically, the proposed interim

etiquette would require unlicensed

devices: to monitor the frequencies they

will occupy to determine if the

frequencies are unused and available; to

limit the maximum time unlicensed

devices may transmit to 10

milliseconds; and to require unlicensed

devices to wait after ceasing

transmission 50 microseconds before

beginning to monitor again. Comment is

sought on whether these interim

standards would be appropriate, and

interested parties are invited to submit

alternatives.

6. The NPRM also proposes to

establish sharing criteria between

unlicensed NII/SUPERNet devices and

incumbent and proposed licensed

operations in the 5 GHz range.

Specifically, the NPRM proposes that

NII/SUPERNet devices not be deemed to

cause interference to licensed services,

provided that they operate in

accordance with the Commission’s

technical rules and they are located

indoors or employ an outdoor antenna

that is mounted 15 meters or less above

the ground. NII/SUPERNet devices with

outdoor antennas higher than 15 meters

would be required to cease operation or

make some accommodation, such as

limiting power, to eliminate any

harmful interference caused to a

licensed operation. Finally, consistent

with unlicensed part 15 operation, NII/

SUPERNet devices must accept any

interference caused by licensed services.

Initial Regulatory Flexibility Analysis

1. Reason For Action: The

Commission finds that there is a need

for additional unlicensed spectrum for

intentional radiators. This rule making

proceeding is initiated to obtain

comment regarding proposals to make

spectrum in the 5 GHz band available

for such purposes and to amend the part

15 rules to add the technical

requirements necessary to permit

sharing between the proposed new

unlicensed devices and incumbent

operations.

2. Objective: The objective of this

proposal is to provide adequate

unlicensed spectrum for wideband

applications, and to provide for the

technical rules necessary for spectrum

sharing and efficiency.

3. Legal Basis: The proposed action is

authorized by sections 4(i), 303(c),

303(f), 303(g) and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. sections 154(i),

303(c), 303(f), 303(g) and 303(r). These

provisions authorize the Commission to

make such rules and regulations as may

be necessary to encourage more effective

use of radio as is in the public interest.

4. Description, Potential Impact, and

Number of Small Entities Affected: This

proposal may provide new

opportunities for radio manufacturers

and suppliers of radio equipment, some

of which may be small businesses, to

develop and sell new equipment. The

Commission is unable to quantify other

potential effects on small entities. The

NPRM invites specific comments on this

point by interested parties.

5. Reporting, Record Keeping, and

Other Compliance Requirements: None.

6. Federal Rules That Overlap,

Duplicate, or Conflict With This Rule:

None.

7. Significant Alternatives: If

promulgated, this proposal will provide

additional unlicensed spectrum. The

Commission is unaware of other

alternatives which could provide

sufficient spectrum in the immediate

future. The NPRM solicits comment on

this point.

List of Subjects in 47 CFR Part 15

Radio,

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–12216 Filed 5–15–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 960503125–6125–01; I.D.

040996A]

RIN 0648–AH03

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands; Salmon Donation

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to implement Amendment 26 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and

Amendment 29 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMPs). This rule would

authorize a voluntary Salmon Donation

Program (SDP) for distribution of Pacific

salmon taken as bycatch in the

groundfish trawl fisheries off Alaska to

economically disadvantaged individuals

by tax-exempt organizations through a

NMFS-authorized distributor. This

action would support industry

initiatives to reduce waste from discard

in the groundfish fisheries by processing

salmon bycatch for human

consumption. This action is intended to

promote the goals and objectives of the

FMPs that govern the commercial

groundfish fisheries off Alaska.

DATES: Comments must be received by

July 1, 1996.

ADDRESSES: Comments should be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

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

99802, Attn: Lori Gravel, or delivered to

the Federal Building, 709 West 9th

Street, Juneau, AK. Copies of

Amendments 26 and 29 and the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared for

the amendments may be obtained from

the North Pacific Fishery Management

Council, 605 West 4th Ave., Suite 306,

Anchorage AK 99510–2252; telephone:

907–271–2809. Send comments

regarding burden estimates or any other

aspect of the data requirements,

including suggestions for reducing the

burdens, to NMFS and to the Office of

Information and Regulatory Affairs,

OMB, Washington, DC 20503, Attn:

NOAA Desk Officer.

FOR FURTHER INFORMATION CONTACT:

Susan J. Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: Fishing

for groundfish by U.S. vessels in the

exclusive economic zone of the Gulf of

Alaska (GOA) and Bering Sea and

Aleutian Islands management area

(BSAI) is managed by NMFS according

to the respective FMPs for the

groundfish fisheries of the GOA and

BSAI. The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the Magnuson

Fishery Conservation and Management

Act (16 U.S.C. 1801, et seq.) (Magnuson

Act) and are implemented by

regulations governing the U.S.

groundfish fisheries at 50 CFR parts 672,

675, and 676. General regulations that

also pertain to U.S. fisheries are codified

at 50 CFR part 620.
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules 24751

This action proposes regulations to

implement Amendment 26 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and

Amendment 29 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska. If approved by NMFS,

these amendments would authorize the

distribution of Pacific salmon taken as

bycatch in the groundfish trawl fisheries

off Alaska to economically

disadvantaged individuals by taxexempt organizations through a NMFS

authorized distributor. A description of,

and reasons for, the proposed measure

are presented below.

Background

The Alaska groundfish trawl fisheries

result in incidental fishing mortality of

non-groundfish species. Often these

species could be fully utilized in other

fisheries but must be discarded in the

groundfish fisheries. Of particular

concern is the incidental fishing

mortality of Pacific salmon. During

1993, 1994, and 1995 respectively,

289,284, 141,037, and 45,934 Pacific

salmon were estimated to have been

caught in the BSAI groundfish fishery;

105,348, 54,613, and 79,617 salmon

were estimated to have been caught in

the GOA groundfish fishery. Actions

have been taken to address various

aspects of the salmon bycatch problem.

NMFS implemented regulations to

require the discard of salmon taken in

the BSAI groundfish fisheries to be

counted by a NMFS-certified observer

(59 FR 18757, April 20, 1994). The

intent of this requirement is to collect

more data on salmon bycatch. In

addition, NMFS issued three

experimental fishing permits (EFPs)

under regulations at § 675.6 to test the

feasibility of distributing salmon

bycatch as food to economically

disadvantaged individuals for purposes

of reducing both salmon bycatch and

protein discard in the groundfish trawl

fisheries.

The first EFP was issued on August

12, 1993 (58 FR 42947), and was

designed to test the feasibility of

mandatory retention of all salmon

caught incidentally by permitted vessels

in three specified trawl fisheries. The

objective of this EFP was to reduce both

the bycatch and discard of salmon in the

groundfish trawl fisheries by requiring

participants to incur the costs of

processing salmon for distribution to

economically disadvantaged individuals

by tax-exempt organizations.

The second EFP issued by NMFS

authorized voluntary retention and

processing of salmon bycatch for

donation to charitable organizations (59

FR 39326, August 2, 1994). The purpose

of the second EFP was to develop

standards and criteria for the voluntary

retention of salmon under an SDP that

was being considered by the Council.

The first voluntary retention EFP

expired at the end of the 1995 pollock

roe season and the 1995 directed trawl

fishery for Pacific cod. The third EFP

issued by NMFS (60 FR 43587, August

22, 1995) extended the second EFP for

an additional year. The second

voluntary retention EFP expires after the

closure of the 1996 pollock roe season

and the 1996 directed trawl fishery for

Pacific cod.

An Interim and a Final Report from

the first EFP concluded that a

mandatory salmon retention

requirement and associated SDP could

be effective at reducing salmon bycatch

and discards. Results presented in the

Final Report from the second EFP

indicated that a voluntary retention and

processing system and associated SDP

would be equally successful at reducing

salmon discard amounts but that

incentives to reduce salmon bycatch

would be negated when the permit was

approved on a voluntary basis. A

summary of these reports can be found

in the EA/RIR (see ADDRESSES). Results

from the third EFP are due in May 1996.

At its September 1994 meeting, the

Council approved Amendments 26 and

29 that would authorize the

implementation of an SDP, pending the

availability of data from the voluntary

EFP that would be used to develop

regulatory standards and criteria for the

SDP. The success of these EFPs

prompted the Council and NMFS to

propose regulations to authorize an SDP

to reduce salmon discard in the

groundfish fisheries off Alaska.

Description of the Salmon Donation

Program

The SDP’s objective is to distribute

salmon taken as bycatch in the

groundfish trawl fisheries off Alaska to

economically disadvantaged individuals

by tax-exempt organizations, thereby

reducing waste from discards in the

groundfish trawl fisheries. Participants

in the SDP would retain and process

salmon bycatch for delivery to an

authorized distributor selected by

NMFS. Participation in the SDP would

be voluntary. Vessels and processors

would incur the costs of handling,

processing, storing, and delivering

donated salmon to tax-exempt

organizations.

Selection Process for Authorized

Distributors

The Director, Alaska Region, NMFS,

(Regional Director) would select an

authorized distributor(s) from qualified

applicants, announce the NMFSauthorized distributor(s) in the Federal

Register, and issue an SDP permit to

each selected applicant. An SDP permit

would be effective for a period of 3

years after announcement of the

authorized distributor(s) in the Federal

Register.

Factors that would be considered by

the Regional Director when selecting an

authorized distributor are listed in this

proposed rule at § 672.28(b)(2). The

number of authorized distributors

selected by the Regional Director would

be based on the criteria listed in this

proposed rule at § 672.28(b)(2).

Responsibilities of an Authorized

Distributor

An authorized distributor would be

responsible for monitoring the retention

and processing of salmon donated by

vessels and processors. An authorized

distributor also would coordinate the

processing, storage, transportation, and

distribution of salmon to hunger relief

agencies, food bank networks, and food

bank distributors.

Prior to retaining any salmon under

the SDP, the authorized distributor

would provide the Regional Director

with a list of all participants in the SDP,

including a list of all vessels and

processors, a list of hunger relief

agencies, food bank networks, and food

distributors participating in the SDP,

and a list of locations where salmon

must be delivered by the vessels and

processors. The list of vessels and

processors provided by the authorized

distributor would include the following

information: (1) A Federal fisheries

permit number or Federal processor

permit number, (2) the name of the

owner or responsible operator, and (3) a

telephone number fax number. If an

authorized distributor modifies the list

of vessels or processors participating in

the SDP or changes delivery locations,

the authorized distributor would be

required to submit a revised list of

vessels and processors or delivery

locations to the Regional Director before

salmon bycatch could be retained by

any additional vessel or processor or

delivered to any new delivery location.

Reporting Requirements—

Documentation and Labeling

Participants in the SDP would have to

comply with new documentation and

labeling requirements. All packages

would be required to be labeled with the

date of processing, the name of the

processing facility, the contents and the

weight of the salmon contained in the

package, and the words, ‘‘NMFS

SALMON DONATION PROGRAM—NOT
24752 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

FOR SALE—PERISHABLE PRODUCT—

KEEP FROZEN’’.

A processor retaining or receiving

salmon under the SDP and an

authorized distributor would keep on

file and make available for inspection by

an authorized officer all documentation

including receipt and cargo manifests

setting forth the origin, weight, and

destination of all salmon. Such

documentation would be retained until

1 year after the effective period of the

SDP permit.

Responsibilities of Participating Vessels

and Processors

All donated salmon would be

required to be processed so that it is fit

for human consumption. All BSAI

participants would be required to

comply with regulations at §§ 675.7(p)

and 675.20(c) that would provide for the

collection of biological samples and

scientific data by an NMFS-certified

observer prior to processing salmon

under the SDP. Participation in the SDP

would not relieve any vessel or

processor from existing reporting

requirements.

Delegation of Authority

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated, to the

Assistant Administrator for Fisheries,

NOAA, the authority to sign material for

publication in the Federal Register.

Classification

Section 304(a)(1)(D) of the Magnuson

Act requires NMFS to publish

regulations proposed by a Council

within 15 days of receipt of an FMP

amendment and regulations. At this

time, NMFS has not determined that the

FMP amendments these rules would

implement are consistent with the

national standards, other provisions of

the Magnuson Act, and other applicable

laws. NMFS, in making that

determination, will take into account

the data, views, and comments received

during the comment period.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

Any vessel or processor may participate

in a voluntary salmon donation program

if an NMFS distributor is selected by the

Regional Director, and the authorized

distributor includes the vessel or

processor on the list of participants

under the SDP that is submitted to the

Regional Director. NMFS does not

anticipate that any vessel or processor

that qualifies as a small entity would

elect to participate in the voluntary

program if the cost of doing so reduces

gross annual receipts by 5 percent or

more. As a result, a regulatory flexibility

analysis was not prepared.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

This proposed rule contains a new

collection-of-information requirement

subject to the Paperwork Reduction Act.

This collection-of-information

requirement has been submitted to the

Office of Management and Budget

(OMB) for approval. The new

information requirements include an

application to participate as an

authorized distributor in the SDP,

documentation requirements for the

authorized distributor(s) and processors

participating in the SDP, and packaging

requirements for vessels and processors.

Public reporting burden for these

collections of information are estimated

to average 40 and 0.1 hours respectively

for the permit and packaging

requirements, and 40 and 0.25 hours per

year for the documentation

requirements and identification

information. Send comments regarding

burden estimates or any other aspect of

the data requirements, including

suggestions for reducing the burdens, to

NMFS and OMB (see ADDRESSES).

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB Control Number.

List of Subjects in 50 CFR Parts 672 and

675

Fisheries, Reporting and

recordkeeping requirements.

Dated: May 7, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service

For the reasons set out in the preamble, 50

CFR parts 672 and 675 are proposed to be

amended as follows:

PART 672—GROUNDFISH OF THE

GULF OF ALASKA

1. The authority citation for part 672

continues to read as follows:

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

2. In § 672.7, paragraph (r) is added to

read as follows:

§ 672.7 Prohibitions.

* * * * *

(r) Retain or possess salmon, except as

permitted under the Salmon Donation

Program as provided by § 672.28 of this

part, or as authorized by other

applicable law.

3. In § 672.20, paragraph (e)(2) is

revised to read as follows:

§ 672.20 General limitations.

* * * * *

(e) * * *

(2) A vessel must sort its catch as soon

as possible after retrieval of the catch

and except to allow for sampling by an

observer (if any) and except as

permitted to do so under the Salmon

Donation Program as provided by

§ 672.28, and must return any catch of

prohibited species, or parts thereof, to

the sea immediately after sorting

regardless of its condition. A vessel

must handle prohibited species to be

discarded in a manner that minimizes

additional injury.

* * * * *

4. Section § 672.28 is added to read as

follows:

§ 672.28 Salmon Donation Program.

(a) Definitions. For purposes of this

section:

Authorized distributor means a taxexempt organization authorized by

NMFS to coordinate the processing,

storage, transportation, and distribution

of salmon taken as bycatch in the

groundfish trawl fisheries to tax-exempt

hunger relief agencies, food bank

networks, and food bank distributors.

Food bank distributor means a taxexempt organization with the primary

purpose of distributing food resources to

hunger relief agencies.

Food bank network means a taxexempt organization with the primary

purpose of coordinating receipt and

delivery of food resources to its member

food bank distributors or hunger relief

agencies.

Hunger relief agency means a taxexempt organization with the primary

purpose of feeding economically

disadvantaged individuals free of

charge.

SDP means the Salmon Donation

Program established under this section.

SDP permit means a permit issued by

NMFS to an applicant who qualifies as

an authorized distributor for purposes of

the SDP.

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).

(b) Authorized distributors—(1)

Application. An applicant seeking to

become an authorized distributor must
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules 24753

provide the Regional Director with

following information:

(i) Proof of the applicant’s tax-exempt

status.

(ii) A description of the arrangements

for processing, shipping, storing, and

transporting donated salmon and an

estimate of the associated costs.

(iii) A statement describing the

applicant’s expertise in providing for

the distribution of food product from

remote Alaskan locations to hunger

relief agencies, food bank networks, or

food bank distributors, including

arrangements for transportation,

distribution costs, and product quality

control.

(iv) Documentation of support from

cold storage and transportation

facilities.

(v) A proposed operating budget that

is adequate to ensure that salmon

donated under this program will be

distributed to hunger relief agencies,

food bank networks, or food bank

distributors and that the salmon will be

maintained in a manner fit for human

consumption.

(vi) Proof of the applicant’s ability to

obtain and maintain adequate funding

for the distribution of salmon under the

SDP.

(vii) A copy of the applicant’s articles

of incorporation and bylaws showing

that the purpose of the applicant

includes providing food resources to

hunger relief agencies, food bank

networks, or food bank distributors.

(viii) Proof of the applicant’s ability to

take full responsibility for the

documentation and disposition of

salmon received under the SDP,

including sufficient liability insurance

to cover public interests relating to the

quality of salmon distributed for human

consumption.

(ix) Quality control criteria to be

followed by vessels, processors, hunger

relief agencies, food bank networks, and

food bank distributors.

(x) The number of vessels and

processors that the applicant is capable

of administering effectively.

(xi) A list of all vessels and

processors, food bank networks and

food bank distributors participating in

the SDP. The list of vessels and

processors must include:

(A) The vessel’s or processor’s Federal

fisheries permit number or Federal

processor permit number.

(B) the name of the vessel owner or

responsible operator or the name of the

owner or plant manager of the

processor.

(C) the vessel’s or processor’s

telephone number and fax number.

(D) the signature of the vessel owner

or responsible operator or the owner or

plant manager of the processor.

(xii) A signed statement from the

applicant and all persons listed under

paragraph (b)(1)(xi) of this section who

would conduct activities pursuant to the

SDP permit waiving any and all claims

against the United States and its agents

and employees for any liability for

personal injury, death, sickness, damage

to property directly or indirectly due to

activities conducted under the SDP.

(xiii) A list of locations where salmon

must be delivered by participating

vessels and processors.

(2) Selection. The Regional Director

may select one or more authorized

distributors under the SDP based on the

information submitted by applicants

under paragraph (b)(1) of this section.

The number of authorized distributors

selected by the Regional Director will be

based on the following criteria:

(i) The number and qualifications of

applicants for SDP permits.

(ii) The number of harvesters and the

quantity of salmon that applicants can

effectively administer.

(iii) The anticipated level of salmon

bycatch based on the salmon bycatch

from previous years.

(iv) The potential number of vessels

and processors participating in the

groundfish trawl fisheries.

(3) SDP Permit. (i) After review of

qualified applicants, the Regional

Director will announce the selection of

authorized distributor(s) in the Federal

Register and will issue SDP permit(s).

(ii) The Regional Director may impose

additional terms and conditions on an

SDP permit consistent with the

objectives of the SDP.

(iii) An SDP permit may be

suspended, modified, or revoked for

noncompliance with terms and

conditions specified in the permit or for

a violation of this section or other

regulations in this part or part 675.

(iv) An SDP permit remains in effect

for a 3-year period after the selection

notice is published in the Federal

Register unless suspended or revoked.

An SDP may not be transferred. An SDP

permit issued to an authorized

distributor may be renewed following

the application procedures in this

section.

(v) If the authorized distributor

modifies any information on the SDP

permit application submitted under

(b)(1)(x) or (b)(1)(xii) of this section, the

authorized distributor must submit a

modified list of participants or a

modified list of delivery locations to the

Regional Director.

(c) Reporting and Recordkeeping

Requirements. (1) A vessel or processor

retaining salmon under the SDP must

comply with all applicable

recordkeeping and reporting

requirements. A vessel or processor

participating in the SDP must comply

with applicable regulations at

§§ 672.7(o), 675.7(p), and 675.20(c) that

allow for the collection of data and

biological sampling by an NMFScertified observer prior to processing

any salmon under the SDP.

(2) Salmon retained under the SDP

must be packaged, and all packages

must be labeled with the date of

processing, the name of the processing

facility, the contents and the weight of

the salmon contained in the package

and the words, ‘‘NMFS SALMON

DONATION PROGRAM—NOT FOR

SALE—PERISHABLE PRODUCT—KEEP

FROZEN’’.

(3) A processor retaining or receiving

salmon under the SDP and an

authorized distributor must keep on file

and make available for inspection by an

authorized officer all documentation

including receipt and cargo manifests

setting forth the origin, weight, and

destination of all salmon. Such

documentation must be retained until 1

year after the effective period of the SDP

permit.

(d) Processing, handling, and

distribution. (1) Processing and

reprocessing of all salmon retained

under the SDP must be carried out

under the direction of the authorized

distributor. A processor retaining or

receiving salmon under the SDP, at a

minimum, must head, gut and freeze the

salmon in a manner that makes it fit for

human consumption.

(2) Salmon that are determined to be

unfit for human consumption prior to

delivery to an authorized distributor

must be discarded under § 672.20(e) or

§ 675.20(c). Salmon that are determined

to be unfit for human consumption after

delivery to the authorized distributor

must be destroyed in accordance with

applicable sanitation laws and

regulations.

(3) Authorized distributors and

persons conducting activities

supervised by authorized distributors

may retain salmon only for the purpose

of processing and delivering the salmon

to hunger relief agencies, food networks

or food distributors as provided by this

section. Such persons may not consume

or retain salmon for personal use and

may not sell, trade or barter, or attempt

to sell, trade or barter any salmon that

is retained under the SDP.

(4) No salmon bycatch may be

retained by a vessel or processor, or

delivered to a delivery location under

this section, unless the vessel or

processor and delivery location is
24754 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

included on the list provided to the

Regional Director under paragraphs

(b)(1)(x), (b)(1)(xii), or (b)(3)(v) of this

section.

PART 675—GROUNDFISH OF THE

BERING SEA AND ALEUTIAN ISLANDS

AREA

5. The authority citation for part 675

continues to read as follows:

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

6. In § 675.7, paragraph (p) is revised

and paragraph (s) is added to read as

follows:

§ 675.7 Prohibitions.

* * * * *

(p) Discard any salmon taken

incidental to a directed fishery for

groundfish by vessels using trawl gear

until notified by an NMFS-certified

observer that the number of salmon

taken has been determined and the

collection of any scientific data or

biological samples has been completed

as provided at § 675.20(c)(6) or retain

salmon except as permitted to do so

under the Salmon Donation Program as

provided by § 672.28 of this chapter.

* * * * *

(s) Retain or possess salmon, except as

permitted to do so under the Salmon

Donation Program as provided by

§ 672.28 of this chapter, or as authorized

by other applicable law.

7. In § 675.20, paragraph (c)(6)(i)

introductory text is revised to read as

follows:

§ 675.20 General limitations.

* * * * *

(c) * * *

(6) * * * (i) Except as provided in

paragraph (c)(6)(ii) of this section, the

operator of a vessel and the manager of

a shoreside processing operation may

not discard any salmon or transfer or

process any salmon under the Salmon

Donation Program at § 672.28 of this

chapter if the salmon were taken

incidentally to a directed fishery for

groundfish by vessels using trawl gear

until the number of salmon taken has

been determined by an NMFS-certified

observer and the collection of any

scientific data or biological samples

from the salmon has been completed.

* * * * *

8. Section 675.28 is added to read as

follows:

§ 675.28 Salmon Donation Program.

The Salmon Donation Program is

governed by provisions set forth in

§ 672.28 of this chapter.

[FR Doc. 96–12200 Filed 5–15–96; 8:45 am]

BILLING CODE 3510–22–F